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HomeMy WebLinkAboutApprove Final Tract Map Nos. 15377 and 15419, Improvement Se ^ (f3r2&W1�iEIV-ft�S'�IUT� _ City of Huntington Beach File #: 19-431 MEETING DATE: 6/17/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: David Kiff, Interim City Manager PREPARED BY: Travis Hopkins, Interim Assistant City Manager Subiect: Accept Bond Reductions for Shea Homes' Parkside Estates Development Project Statement of Issue: Shea Homes Limited Partnership, A California Limited Partnership, has substantially completed the construction of much of the required public improvements for the Parkside Estates Development Project and is requesting a reduction of the project's sureties through City Council acceptance of the Coverage Riders. Financial Impact: No fiscal impact. Recommended Action: A) Authorize the Mayor to acknowledge and accept the Coverage Riders for the Faithful Performance and Labor and Material Bond Nos. 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, and 0195163, and instruct the City Clerk to file the riders with the City Treasurer; and, B) Instruct the City Treasurer to notify the surety, Berkeley Insurance Company, of this action. Alternative Action(s): Deny the recommended action and provide direction to staff for the alternative action. Analysis: As part of the proposed subdivision and development of the Parkside Estates project (Attachment 1), Shea Homes was allowed to record Final Tract Map No. 15377 prior to the completion of construction of the required public improvements, by entering into a Subdivision Agreement and posting Faithful Performance and Labor and Material Bonds as sureties to guarantee the construction of those required public improvements (Attachment 2). Shea Homes has now substantially completed the construction of approximately 95% of the required City of Huntington Beach Page 1 of 2 Printed on 6/12/2019 powerela Legistar- File #: 19-431 MEETING DATE: 6/17/2019 public improvements and is requesting reduction by approximately 90% of the original bond amount. This action is not the City's formal acceptance of these public improvements which will not occur until after all the improvements have been constructed in substantial compliance with the approved plans and specification and recommended for approval by the City Engineer. At a later date and if City Council then accepts the City Engineer's recommendations, the remaining 10% of the original sureties will be released and a Guarantee & Warranty bond taken in to begin a 12 month warranty period to assure acceptable long term performance of the public infrastructure. Shea Homes is requesting the reduction of the project's sureties (Attachment 3) through City Council acceptance of the attached Coverage Riders (Attachment 4). PROJECT DATA: DEVELOPER: Shea Homes Limited Partnership, A California Limited Partnership, 2 Ada, Suite 200, CA 92618 ENGINEER: Hunsaker & Associates, Three Hughes, Irvine, CA 92618 SURETY: Berkley Insurance Company, 475 Steamboat Road, Floor 1, Greenwich, CT 06830 Environmental Status: This action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Parkside Estates Project Location Map 2. Original Faithful Performance and Labor and Materials Bond No. 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, and 0195163, 3. Letter from Shea Homes requesting the Bond Reduction Request with calculations 4. Coverage Riders for Faithful Performance and Labor and Materials Bond No. 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, and 0195163. City of Huntington Beach Page 2 of 2 Printed on 6/12/2019 powered7�LegistarT'� ATTAC H M E N T # 1 sq C 0 405 BOLSA AVE. U)I (n ~n Mc FADDEN AVE. (10 H- z EDINGER Q AVE. CO 0 = Q w W J \ m HEIL U AVE.Q Ja o m vai Q z Z a (n CD a = J of W CD m WARNER o AVE. HAUL ROUTE CD SLATER AVE. Q m DIRT HUAL FROM TALBERT AVE. CHANNEL PROJECT 1 ELLIS AVE. Y PACIFIC GARFIELD PROJECT SITE OCEAN \ S�PP°`N� A z YORKTOWN AVE. vv � ADAMS AVE. C� O� INDIANAPOLIS AVE. qL F ATLANTA AVE. o CITY OF HUNTINGTON BEACH Q Li ORANGE COUNTY CALIFORNIA w z m Y2 Y4 0 1 MILE 2 MILES 71 ATTAC H M E N T #2 BOND NO.0195156 PREMIUM$10,453.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)'Sewer and Water, 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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of One Million Seven Hundred Forty Two Thousand Two Hundred Forty Seven and no/100---dollars ($1,742,247.00) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by"City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. l 2528180 FAITHFOLL.PERFORMANCE BOND FM..doo 72 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd, 12015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal `see attached signature block By By j Berkley Insurance Company as Surety By °t'1 Edward C.Spector,Attorney-In-Fact By APPROVED AS TO FORM By: Michael Gates, ty Attorney 1 2528180 FAiTHFUU.PERFORMANCE BOND FM..doc 73 Bond Number: 0195156 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: E� p ✓� � Name: Brooke Doi Title: Authorized ent Bye Name:i� ame olas Title: Authorized Agent 74 BOND NO. 0195156 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 and identified as project Parkside Estates-Tract No. 15377(R)and 15419(R)*Sewer and Water, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Eight Hundred Seventy One Thousand One Hundred Twenty Three and 50/100 dollars($871,123.50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. I C:\Users\espector\Documents\1 2528180 Labor Word-City Atty revd 01-15-08.doc !, 75 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal 'see attached signature block By By Berkley Insurance Company, as Surety By Edward C. Spector,Attorney-In-Fact By APPROVED AS TO FORM t I t cam, Michael Gates,cityl6ttomey f 2 C:\Users\espector\Documents\I 2528180 Labor Word-City Atty revd 01-15-08.doc 76 I Bond Number: 0195156 i i SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner j By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: Name: Brooke Doi Title: orized A ent � I By:,i Name: Jame Holas Title: j Aut rized Agent i i i I i I I 77 BOND NO.0195157 PREMIUM $13,144.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated , 20 ,and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Sewer Lift Station and Force Main,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Two Million One Hundred Ninety Thousand Six Hundred Sixty One and no/100---dollars ($2,190,661.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 2 2528180 FAITHFULL PERFORMANCE BOND FM-doc 78 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal 'see attached signature block By By Berkley I surance Company as Surety By `�C71� Edward C.Spector,Attorney-In-Fact By APPROVED AS TO FORM I t By,, Michael Gates,City tomey 2 2528180 FAITHFULL,PERFORMANCE BOND FM..doc 79 Bond Number: 0195157 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: J`� 1.�r*_ Name: Title: Authorized Agent / By: Name: d es Has- Title: Authorised Agent so BOND NO. 0195157 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Sewer Lift Station and Force Main, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Ninety Five Thousand Three Hundred Thirty and 50/100--- dollars ($1,095,330.50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 C:\Users\espector\Documents\2 2528180 Labor Word-City Atty revd 01-15-08.doe 81 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By Berkley Insurance Company, as Surety ByC� Edward C.Spector,Attorney-In-Fact By APPROVED AS TO FORM Michael Gates, A 0mey 2 C:\Users\espector\Documecrts\2 2528180 Labor Word-City Atty revd 01-15-08.doc 82 Bond Number: 0195157 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: Name. Title: Ay#hsrized Agght BY Name: %' JaHolas Title: A orized Agent 83 BOND NO.0195158 PREMIUM $30,472.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Storm Drain,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,therefore,we,the principal and Berkley Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Five Million Seventy Eight Thousand Six Hundred Six and no/100---dollars($5,078,606.00) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 3 2528 M FAITHFULL.doo 84 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd ,2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company as Surety By elly '(- Edward C.Spector,Attorney-In-Fact By APPROVED AS'TO FOR111t1 By. Michael Gates,C Attorney A� 3 2528180 FAFFHFULL.doc 85 Bond Number: 0195158 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: Name: DFOOKe U01 Title: Authorized Agent Name: me�Holas Title: 'Authorized Agent 86 BOND NO. 0195158 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*, which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)"Storm Drain, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Five Hundred Thirty Nine Thousand Three Hundred Three and no/100---dollars ($2,539,303.00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 C:\Users\espector\Documents\3 2528180 Labor Word-City Atty revd 01-15-08.doe 87 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal "see attached signature block By By Berkley Insurance CompanV, as Surety By Edward C. Spector,Attorney-In-Fact By APPROVED AS TO FORM Mithaei Gate ,City ttomey 2 C:\Users\espector\Documents\3 2528180 Labor Word-City Atty revd 01-15-08.doc 88 Bond Number: 0195158 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: 0s,' Name: brOOKe U01 Title: Authorized Age Naame: Title: Jame Holas Authorized Agent 89 BOND NO.0195159 PREMIUM$14,222.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Street, Striping/Signing,Traffic Signal,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,therefore,we,the principal and Berkley Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Two Million Three Hundred Seventy Thousand Three Hundred Eighty Two and no/100---dollars ($2,370,382.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any I udgment rendered. 4 2528180 FAITHFULLdoc 90 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications, In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company as Surety By j C A,,. Edward C. Spector,Attorney-In-Fact By .APPROVIEt3 AS TO FORM Michael Gates, ity Attorney 4 2528180 FAMEFL1,L.doc 91 Bond Number; 0195159 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: - Q&4 Name: �IWVMU Lau] Authorized Age, t Title: By:, Name: ame,s Holas Title: Authorized Agent 92 BOND NO. 0195159 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Street,Striping/Signing,Traffic Signal, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million One Hundred Eighty Five Thousand One Hundred Ninety One and no/100--- dollars($1,185,191.00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. I C:Tsers\espector`DocumentsA 2528180 Labor Word-City Arty revd 01-15-08.doc. 93 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal "see attached signature block By By Berkley Insurance Company, as Surety By Edward C. Spector,Attorney-In-Fact By APPFIOV ED AS TO PERM I 9y, Michael Gates,city ttorrey e ;t 2 C:\Users\espector\DocumentsA 2528180 Labor Word-City Atty revd 01-15-08.doc 94 Bond Number: 0195159 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: Name: Brooke Doi Title: Authorized Agent i By:I - Name`�! �/ James Holas Title: Authorized Agent 95 BOND N0.0195160 PREMIUM$35,458.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*C05 Channel and VFPF,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Five Million Nine Hundred Nine Thousand Six Hundred Twenty and no/100---dollars ($5,909,620.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's I fees incurred by"City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 5 2528180 FAITHFULL.doc 96 i The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 12015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal 'see attached signature block By By Berkley Insurance Company as Surety By �� Edward C.Spector,Attorney-In-Fact By APPROV O AS TO FORM 'J By: Michael Gates,cf Attomey 4 i 5 2528180 FAITHFULL.doc 97 Bond Number: 0195160 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By 34 0.5.- Name: Brooke Dol Title: Authorized Agent J J ByZ Title: % James Holes f Authorized Agent 98 BOND NO, 0195160 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements',which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*C05 Channel and VFPF, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Nine Hundred Fifty Four Thousand Eight Hundred Ten and no/100 dollars ($2,954,810.00), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 Calisers\espector\Documents\5 2528180 Labor Word-City Atty revd 01-15-08.doc 99 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal 'see attached signature block By By Berkley Insurance Company, as Surety By Edward C. Spector,Attorney-In-Fact By APPROVED AS TO FORM � 4V1tY'JAVW­.Y By:-Michael Gates; 2 C:\Users\espector\Documents\5 2528180 Labor Word-City Atty revd 01-15-08.doc 100 Bond Number: 0195160 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: d7� Name: Brooke Doi Title: _ Authorized Agent Br. ame:,,� j James Holas Title: Authorized Agent 101 BOND NO.0195161 PREMIUM $14 243.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements",which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Slater Storm Drain Pump Station,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Two Million Three Hundred Seventy Three Thousand Seven Hundred Seventy One and no/100--- dollars($2,373,771.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 6 2528180 FA[THFULL.doc 102 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By BerklevJasurance Company as Surety By `1 - Edward C.Spector,Attorney-In-Fact By APPROVED AS TO FORM p t,. 9yt Michael Gates,Gt Attorney 6 2528180 FAITHFULL.doc 103 I i Bond Number: 0195161 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: 0 s= Name: Brooke Doi Title: Authorized Agent By: i Name: James Holas Title: ` Authorized Agent i 104 BOND NO. 0195161 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements',which said agreement,dated , 20 and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)"Slater Storm Drain Pump Station, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million One Hundred Eighty Six Thousand Eight Hundred Eighty Five and 50/100--- dollars($1,186.885.50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 C:\Users\espector\Documents\6 2528180 Labor Word-City Atty revd 01-15-08.doe 105 I Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal 'see attached signature block By By Berkley Insurance Company, as Surety By Edward C. Spector,Attorney-In-Fact By APPAMD AS TO FORA( Michael Gate ,City ttorney 2 C:\Users\espector\Documents\6 2528180 Labor Word-City Atty revd 01-15-08.doc 106 Bond Number: 0195161 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P,, a Delaware general partnership, i Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: a�9 Name: Brooke Doi Title: Authorized Agent By N James Hoias Title: Authorized Agent I I I i f i 107 BOND NO.0195162 PREMIUM$2,509.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)"Natural Treatment System, 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,therefore,we,the principal and Berkley Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Four Hundred Eighteen Thousand One Hundred Fifty Two and no/100---dollars($418 152.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 72529180 F�AI'rHFULL.aoc 108 The surety hereby stipulates and agrees that no charge,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 12015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal 'see attached signature block By By Berkley Insurance Company as Surety By . Edward C. Spector,Attorney-In-Fact By APPROVED A$TO FORM `i Fay: ° H Michael Gates,Cl Attorney 7 2529180 FAITHFULL.doc 109 Bond Number: 0195162 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: IL 0 Name: Brooke Doi Title: orized AQen Name: Z James Holas Title: Authorized Agent 110 BOND NO. 0195162 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements',which said agreement,dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Natural Treatment System is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Hundred Nine Thousand Seventy Six and no/100--- dollars($209,076.00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 C:\Users\espector\Documents\7 2528180 Labor Word-City Atty revd 01-15-08.doc 111 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal `see attached signature block By By Berkley Insurance Company, as Surety By Edward C. Spector,Attorney-In-Fact By APPROVS D AS TO FORfdh fay: ` Michael Gates,Cl, Attomey 2 C:\Users\espector\Documents\7 2528180 Labor Word-City Arty revd 01-15-08.doc 112 Bond Number: 0195162 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: � Name: Brooke Doi Title: AuthorizXd Agent B)6/ Name James Holas Title: Authorized Agent 113 BOND NO.0195163 PREMIUM$15,570.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Grading and Street Repair, 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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Two Million Five Hundred Ninety Five Thousand Seventy Seven and no/100---dollars ($2,595,077.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 8 2528180 FAITHFULL.doc 114 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal 'see attached signature block By By Berkley Ins�uura°nceCom an as Surety By � X A� Edward C.Spector,Attorney-In-Fact By APPROVED AS TO FORM Michael Gates,City gttomey 8 2528180 FAITHFULL.doc 115 Bond Number: 0195163 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: Y Name: , Brooke Doi Title: �j Authorized Agent Bv.' Name: j James Holas Title: �' Authorized Agent 196 BOND NO. 0195163 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*, which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No. 15377(R)and 15419(R)*Grading and Street Repair, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Two Hundred Ninety Seven Thousand Five Hundred Thirty Eight and 5011 00--- dollars($1,297,538.50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 C:\users\espector\Documents\8 2528180 Labor Word-City Atty revd 01-15-08.doc 117 Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal 'see attached signature block By By Berkley Insurance Company, as Surety By G"�.r�F , 1 Edward C. Spector,Attorney-In-Fact By APPR V AS TO FORM Michael Gates,Ci 'Attorney 2 C:AUsers\espeotor\Documents\8 2528180 Labor Word-City Atty revd 01-15-08.doc 118 Bond Number: 0195163 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By: I- �S Name: Brooke Doi Title: Authorized Agent By: z'�L Name: ,lames Hoias Title: Authorized Agent 119 ATTACHMENT #3 Ng P t a k 1:I L i.i-the diffe,ence March 29, 2019 Mr.Tom Herbel City of Huntington Beach 2000 Main Street H B CA, 92648 Re: Request to Reduce Bonds Water and Sewer Subdivision Improvements Bond Tract 15377 Parkside Estates bear Tom, I would like to begin the process of bond reductions on Parkside Estates,Tract 15377. 1 am requesting a reduction of the water and sewer subdivision improvements bond. It is bond 0195156,which is in the amount of$1,742,247. This is the Performance bond the Labor& Material bond for Tract#15377 issued by Berkley insurance Company, These bonds were signed on September 4,2015. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related to the above referenced bond has been established at $133,142. Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer`s estimate which in this case would be approximately$266,284. Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns,please do not hesitate to contact me at(949) 526- 8842. Sincerely, -=' `John Thomas Community Development Manager sheahomes.com 2 Ada, Suite 200, Irvine, A 926,18 O:949.526.880 120 5=Ire}y hsc,i Hru,,, t "'l r%1+n[r C.c3r41parlf it.dC€lif--01A? ��i;�;("-00rOcW")I-ly St+�a Hr"o'u f.iwil-l#fart-E,.h t,,U, 1195E LI) KIYOI5 Sh,-i Haan im, L 1~Ii.NSAKGRR & ASSOCIATES IRVINE, INC_ Prelim nar Cost Estimate for Bud2eting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377&GRAHAM STREET Location: City of Huntington Beach,California Type of plan; SEWER &WATER IMPROVEMENT PLANS ENR Const, Index= 9975.48 ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL COST Summary SEWER CONSTRUCTION—......... ...... --------...................... . 4, 17E WATER CONSTRUCTION..................................................... $128,667 TOTAL .. .. ............................................................. ......... ........... $133,142 Prepared 9y:Jim Tsutsut 949-583-1010 g1costi61.428 Parksde Estates Sewer Water Redijctlon.xlsx Date of Plan Plot:07-26-14 on 06-2&15 Page 1 of 3 Printed on:3/6/2019-12:36 PIA 121 HUNSAKER &ASSOCIATES I RVINE, INC. Preliminau Cost Estimate for Bud 2etin2 Purposes Project Name: PARKSIDE ESTATES-TRACT NO, 15377&GRAHAM STREET Location: City of Huntington Beach, California Type of plan: SEWER&WATER IMPROVEMENT PLANS ENR Const,Index 99M48 ITEM D CRIPTION QUANTITY I UNIT I UNIT PRICE I TOTAL COST SEWER-CONS:[RUCTION _NOTF-S: 1. 8"PVC, SDR 35 5,130 LF $36.00 COMPLETED 2. 48"MANHOLE 18 EA $3,892,00 COMPLETED 3. 60" MANHOLE 8 EA $6,185.00 COMPLETED 4. 41'SDR-35 PVC SEWER LATERAL 112 EA $960,00 COMPLETED 5, 12"SOR-35 PVC SEWER MAIN 384 LF $82-00 COMPLETED 6. REMOVE AND REPLACE EX. PVMT 385 LF $100,00 COMPLETED 7, REMOVE&DISPOSE EX, SEWER 80 LF $18.00 COMPLETED 8. REMOVE& DISPOSE EX. M.H. 2 EA $1,946,00 $3,892,00 9. CHIMNEY SEWER 23 EA $951,00 COMPLETED 10. DEWATERING COSTS* 1 LS $300,000 COMPLETED SUB-TOTAL SEWER CONSTRUCTION $3,892-00 CONTINGENCY 16% $583.80 TOTAL SEWER CONSTRUCTION $4,475.80 *Note; There is 1400+/-of San Sewers in this subdivision at a depth below water table, ranging from -16 ft to-6 ft(MH#6 to MH#`l and MH#1 to MH#24). According to the project Geotechnical Report the site has been subject to high ground water elevations on the order of 0 feet(msl), and similar conditions are likely to occur in the future(Section7.15 and Appendix B of the report.)The installation of the Sanitary Sewers Will require a substantial amount of dewatering The cost of dewatering does not appear to be included in the installation cost of the sanitary sewer, The dewatering cost for this project will be approximately$300 . Designs of this nature are generally to install a 30 foot deep dewatering well every 25 feet along with a highline to a desilting basin that would discharge to the adjacent OCFC channel. Prepared by:Jim Tsutsul 949-583-1010 gicost/61-428 Parkside Estates Sewer Water Reduction.xisx Date of Plan Plot,07-28-14 on 06-25-16 Page 2 of 3 Printed on:316/2019-12:36 PM 122 14UNSAKIIER & ASSOCIATES IRVINE, INC. Preliminary Cost Estimate for Budgetln2 Purposes Project Name: PARKSIDE ESTATES -TRACT NO. 15377&GRAHAM STREET Location: City of Huntington Beach, California Type of plan: SEWER&WATER IMPROVEMENT PLANS ENR Const.Index= 9975.48 JITEM IDESCRIPTION QUANTITY I UNIT UNIT PRICE 1 TOTAL COST WATER CONSTRUCTIONNOTES: 21 81,PVC AWWA C900 DR-14 5,713 LF $44.00 COMPLETED 22, 8"X8"X8"D.1, TEE 9 EA $691,00 COMPLETED 21 8"GATE VALVE 35 EA $2,420.00 COMPLETED 24, 8"FEXPO ADAPTER 25 EA $233,00 COMPLETED 25- 8"45' BEND, PDXPO 2 EA $254.00 COMPLETED 26, 1"AIR-VAC ASSEMBLY 2 EA $4,680.00 COMPLETED 27, B"22.5' BEND, PDXPO 4 EA $254.00 COMPLETED 28. 8"PVC W1 STEEL SLEEVE 25 LF $110.00 COMPLETED n' WATERLINE CUT-OUT 1 EA $8,257,00 COMPLETED 30 FIRE HYDRANT ASSEMBLY 13 EA $4,722,00 COMPLETED 31, 4"BLOW-OFF ASSEMBLY 1 EA $7,82100 COMPLETED 32, 1"WATER SERVICE 114 EA $1,014,00 COMPLETED 32. 1"WATER METER 107 EA $838.00 $89'666,00 33, 8"PVC HIGH-DEF COUPLING 55 EA $74.00 COMPLETED 35, REMOVE EX. BLOWOFF ABLY. 1 EA $514,00 COMPLETED 36- REMOVE AND REPLACE EX, PVMT 32 LF $100-00 COMPLETED 37, REMOVE EX WATER SERVICE 1 EA $1,014,00 COMPLETED 38, 12"GATE VALVE 2 EA $5,390-00 COMPLETED 39, 2"WATER SERVICE 2 EA $2,195,00 COMPLETED 39. 1.5"WATER METER 2 EA $838.00 COMPLETED 40. 2"WATER SERVICE 1 EA $2,195.00 COMPLETED 40, 2"WATER METER 1 EA $838,00 COMPLETED 41, 12"X12"X8"D,I. TEE 1 EA $760,00 COMPLETED 42, 2"WATER SERVICE&JOIN 1 EA $2,195.00 COMPLETED 44, RPP BACKFLOW DEVICE 6 EA $3,703:00 $22,218,00 46, 8"11.25'BEND, PDXPO I EA $254.00 COMPLETED 47. 8"RESTRAINED FLANGE ADAPTR 10 EA $110,00 COMPLETED 48 8"MECH. JOINT RESTRAINT 10 EA $52.00 COMPLETED SUB-TOTAL WATER CONSTRUCTION $111,884.00 CONTINGENCY 15% $16,782,60 TOTAL WATER CONSTRUCTION $128,666,60 Prepared by:Jim Tsutsui 949-583-1010 91cost/61-428 Parkside Estates Sewer Water Peduction.x1sx Date of Plan Plot:07-28-14 on 06.4-15 Page 3 of 3 Printed on:316/2019-42:36 PM 123 a rr r t-t 0 1 1 U_ H I,w,Olt,differoncv March 29, 2019 Mr.Tom Herbel City of Huntington Beach 2000 Main Street HI3 CA, 92648 Re; Request to Reduce Bonds Sewer Lift Station Improvements Bond Tract 15377 Parkside Estates Lear Tom, I would like to begin the process of bond reductions on Parkside Estates,Tract 15377. i am requesting a reduction of the sewer lift station subdivision improvements bond. It is bond#0195157,which is in the amount of$2,190,661. This is the Performance Bond the Labor& Material bond for Tract#15377 issued by Berkley Insurance Company. These bonds were signed on September 4, 2015E Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related to the above referenced bond has been established at $195,811, Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which in this case would be approximately$391,622, Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949)526- 8842. Sincerely, John Thomas Community Development Manager E sheahomes.com 2 ATM, Sprite 200, Ii vktte, CA 92618 0-949.5265 8300 124 SaE <h}Flrt=d f[esrrtti3 (,5ar4.. ['tEnr�f ai,g� sr i .»I�it3F'ldit137.ta4f�J [;c,rat+z=t.a by sll�a i-0,>n k nets A 1'>�raJ�c,..hiE7,Li+vat I4uS5 368I t2l)I,%Sher Id tis". HUNSAKER j & ASSOCIATES IRVINE, INC. Preliminary Cost Estimate for Budgeting Purposes Project game: PARKSIDE ESTATES-TRACT NO.15377 Location: City of Huntington Beach, California Type of plan: SEWER LIFT STATION& FORCE MAIN IMPROVEMENT PLANS ENR Const.index= 9975.48 ITEM IDESCRIPTION QUANTITY UNIT I UNIT PRICEI TOTAL COST Summary SEWER FORCE MAIN............ ..................................................... ... $g SEWED LIFT STATION................................_._,...._...,.......................n $195,811 TOTAL ......... ........<,..,,,.,, ,,,..,. ,.......,,....,......,...........,.,. , , $195,811 Prepared by:Join Gass,Jim Tsutsui 949-583-1010 gtcostt61-431 Sewer Lift Sta Engineers Estimate Reduction.xisx Date of Plan Plot:03-21-14 on 03-27-19 gage 1 of 5 Printed on:3127/2014-10:36 AM 125 HUNSAI(E R & ASSOCIATES IRVI NE, INC. Preliminary Cost Estimate for Budgeting Purposes Project Name: PARKSIDE,ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: SEWER LIFT STATION& FORCE MAIN IMPROVEMENT PLANS ENR Copst.Index= 9975A8 [ITEM ]DESCRIPTION QUANTITY I UNIT I UNIT PRICE I TOTAL COST SEWER FORCE MAIN 1 6" PVC SEWER FORCE MAIN 1,663 LF $162.00 COMPLETED 1 6"22,5'D.1, BEND, FEXPO, 12 EA $771-00 COMPLETED 3. 6" 11,25* D,I, BEND, PDXPO 6 EA $7711.00 COMPLETED 4. 6"HIGH DEFLECTION COUPLING 5 EA $3,888,00 COMPLETED & THRUST BLOCK 13 EA $232.00 COMPLETED 6. ABANDON EX. 6"FORCE MAIN 1,102 LF $38.00 COMPLETED 7. SAWCUT EX. PAVEMENT/REPAIR 5,772 SF $10.00 COMPLETED 8, 10"TO 6" REDUCING COUPLING 1 EA $3,888,00 COMPLETED 9. 10"VCP SEWER LINE 4 LF $141-00 COMPLETED 10. REMOVE EX, PLUG &JOIN EX, 1 EA $10,818,00 COMPLETED 11, 6"CLEAN-OUT 4 EA $5,209-00 COMPLETED SUB-TOTAL SEWER FORCE MAIN $0.00 CONTINGENCY 15% $0.00 TOTAL SEWER FORCE MAIN $0.00 Prepared by:John Gass,Jim Tsulsui 949.563-1010 glaostf61-431 Sewer Lift Sta Engineers Estimate Reduction,x1ax Date of Plan Plot:03-21-14 on 03-27-19 Page 2 of 5 Printed on!3127/2019-10*36 AM 126 HUNSAKER &ASSOCIATES I R V I N E, J N C, Preliminary Cost Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: SEWER LIFT STATION& FORCE MAIN IMPROVEMENT PLANS J ENR Const.Index= 9975AB ITEM DE QUANTITY UNIT I UNIT PRICE I TOTAL COST SEWER LIFT STATION 19. REMOVE TEMP. PLUG &JOIN 1 EA $3,284.00 COMPLETED 20. 12" PVC, SDR-35 SEWER MAIN 18 LF $340-00 COMPLETED 21, SUBMERSIBLE TORQUE FLOW 2 EA kG# COMPLETED PUMP &MOTOR 22. DISCHARGE ASSEMBLY 2 EA $771,DO COMPLETED 22. 6"BEND ONLY 2 EA $771.00 COMPLETED 23. 6"STEEL PIPE, 316 SS, FEXGE 4 EA $766.00 COMPLETED 24. 6" STEEL PIPE, 316 SS,FEXFE 2 EA $766.00 COMPLETED 25, 6" SS VICTAULIC COUPLING 4 EA $3,888,00 COMPLETED 26, 6"X4"SS ECCENTRIC REDUCER 2 EA $2,427,00 COMPLETED 27. 6"SS 90'BEND,316 SS FEXGE 2 EA $771,00 COMPLETED 28, 6"DIP SPOOL, CL 53, FEXPE 1 EA $8100 COMPLETED 29. 6"DIP SPOOL, CL 53, FEXGE 6 EA $83.00 COMPLETED 30, 6"DIP SPOOL, CL 53, FEXFE 6 EA $83.00 COMPLETED 31, 6"DI 90-BEND, FEXFE I EA $771.00 COMPLETED 32, 6"DI 45*BEND, FEXFE 3 EA $771,00 COMPLETED 33. 6"X6"DI TRUE WYE, FLG'D I EA $771.00 COMPLETED 34, 6"X6"Di WYE,, FLG'D 1 EA $771-00 COMPLETED 35. 6"VICTAULIC COUPLING 3 EA $3,888.00 COMPLETED 36. 6'FLEXIBLE EXPANSION JOINT 3 EA $24,203.00 COMPLETED 37, 6"SWING CHECK VALVE 2 EA $33,096,00 COMPLETED 38, 6"ECCENTRIC PLUG VALVE 4 EA $6,894.00 COMPLETED 39- 6"ELECTOMAG. FLOWMETER 1 EA $4,476,00 COMPLETED 40 6"COMPANION FLANGE 1 EA $1,305,00 COMPLETED 41 6"SS CAMILOCK COUPLING 1 EA $3,888.00 COMPLETED 42. 6"RESTRAINED COUPLING I EA $3,888,00 COMPLETED 43, 4" PVC DRAIN PIPING 46 LF $42.00 COMPLETED 44. 4"CHECK VALVE 3 EA $3,722.00 COMPLETED Prepared by:John Gass,Jim Tsutsui 949-583-1010 gicosV61-431 Sewer Lift Ste Engineers Estimate Reduction.xlsx Date of Plan Plot:03-21-14 on 03-27-19 Page 3 of 6 Printed on:3/27/2019-10-36 AM 127 HUNSAKEER &ASSOCIATES I R V I N E, I N C, Preliminary Cost Estimate for Budgeting PurEoses Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: SEWER LIFT STATION & FORCE MAIN IMPROVEMENT PLANS ENR Const.Index= 9975A8 JITEM IDESCRIPTION QUANTITY I UNIT I UNIT PRICE I TOTAL COST, 1 45. 4"FLOOR DRAIN W/STRAINER 3 EA $5,474,00 COMPLETED 46. 8'-0"X8'-0"X28'-4"CONC. WET WELI 1 EA ########## COMPLETED 47. 6'-0"X6'-0"ACCESS DOOR I EA # ## COMPLETED 48, 7,60"X81-6"W-8"CONC_ VAULT I EA $91,706-00 COMPLETED 49, 7'-0"X8'-6"ACCESS DOOR 1 EA $91,706.00 COMPLETED 50. 4'-0"X6'-6"X6'-8"CONC.VAULT 1 EA $32,55100 COMPLETED 51. 4'-0"X6'-6"ACCESS DOOR I EA $32,553,00 COMPLETED 52, DISCHARGE PIPE SUPPORT 4 EA $3,333,00 COMPLETED 53, 1/2" DIA. EYE BOLT 6 EA $642.00 COMPLETED 54, UPPER GUIDE SUPPORT BRKET 2 EA $3,33100 COMPLETED 55. INTERM GUIDE SUPPORT BRKET 6 EA $3,333,00 COMPLETED 56, 1-1/2"DW SS PIPE GUIDE RAIL 2 EA $67,00 COMPLETED 57, PUMP CABLES 2 EA $6,724X0 COMPLETED 58. SS PUMP LIFT CABLE 2 EA $83100 COMPLETED 59 FLOAT ANCHOR I EA $228.00 COMPLETED 60, FLOAT SWITCH I EA $816.00 COMPLETED 61. PRESSURE TRANSDUCER 2 EA $1,835X0 COMPLETED 62, SS KELLUM GRIPS 6 EA $452,00 COMPLETED 63 ADJUSTABLE PIPE SUPPORT 9 EA $3,33100 COMPLETED 64. WALL PENETRATION 11 EA $1,069.00 COMPLETED 65, STAINLESS STEEL LADDER 4 EA $3,466.00 COMPLETED 66. INSULATING FLANGE 9 EA $1,305.00 COMPLETED 6T C,P. TEST BOX 2 EA $5,035.00 COMPLETED 68. ZINC ANODE 3 EA $174= COMPLETED 69, FUTURE GAS METER ASSEMBLY 1 EA $0.00 BY S.C.G. Prepared by:John Gass,Jim TsuLsui 949-583-1010 gloost/61-431 Sewer Lift Ste Engineers Estimate Reduction-Au Date of Plan Plot-.03-21-14 on 03-27-19 Page 4 of 5 Printed on:212712019-10:36 AM 128 HUNSAKER &ASSOCIATES I R V I N E. I N C, Preliminary Cost Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: SEWER LIFT STATION &FORCE MAIN IMPROVEMENT PLANS ENR Gonst.Index= 9975.48 I ITEM IDESCRIPTION QUANTITY I UNIT I UNIT PRICE I TOTAL COST] 70- 1-1/2" BLACK STEEL PIPE 35 LF $67.00 COMPLETED 71, 50KW DUAL FUEL GENERATOR I LS ### ###### $170,270.00 72. 1" DOMESTIC WATER SERVICE 17 LF $4,049-00 COMPLETED 73. 1"REDUCED PRESSURE DEVICE I EA $8,214.00 COMPLETED 74. 1"QUICK COUPLING VALVE I EA $642.00 COMPLETED 75, 8"PVC, SCH 40, STILLING WELL 6 LF $150,00 COMPLETED 76, STILLING WELL PIPE SUPPORT 2 EA $3,333.00 COMPLETED SUB-TOTAL SEWER LIFT STATION $170,270.00 CONTINGENCY 15% $25,540.50 TOTAL SEWER LIFT STATION $195,810,50 Prepared by:John Gass.Jim Tsutsui 949-583-1010 g1cost/511-431 Sewer Lift Sta Engineers Estimate RedUCtiDn.xlsx Date of Plan Plot,03-21-14 on 03-27-19 Page 5 of 5 Printed on:3127/2019-I 0;315 AM 129 WOMMM j%:* 99= 45, , 1,4 C.: S Li%,r the differonce, March29, 201 Mr.Tom Merbe| City nf Huntington Beach 2ODO Main Street H8 CA, B2648 Re: Request to Reduce Bonds Storm Drain Subdivision Improvements Bond Tract lS]77PorksideEstates Dear Tom, |xvnu|d like to begin the process ofbond reductions on Parks|de Estates,Tract 15377. |am requesting m reduction of the storm drain subdivision improvements bond. |t|s bond#D18515O, which isinthe amount of$5,O78,5Q6. This is the Performance Bond the Labor& Material bond for Tract#15377issued by Berkley Insurance Company. These bonds were signed qn September 4,2015. Please also find attached an updated Engineer's cost estimate showing the balance of work tobe complete. At this time the work related to the above referenced bond has been established at$91,704. Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which \n this case would be approximately$183,4OQ. Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949) 526- 8842. Sincerely, John Thomas Community Development Manager 2 Ada, Suite 200, Irvine, [A93418 | 0.*49.526.8400 130 Sales by Shea Homes marke,°.w Company/Cammnvo`31m^^*tCo.*°*/°"by Shea xorn°°Limited r°rm~ship.'o""w|,m»s36a),0m*'N Shea*am" ���� HUNSAKER &ASSOCIATES IRVI NE, INC. Preliminary Cost Estimate for Budgeting Pur ores Project Name; PARKIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach►, California Type of plan, STORM DRAIN CONSTRUCTION PLANS ENR Const.Index= 980038 ITEM IDESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL COST Summary GRAHAM STREET DEMOLITION—......,........... $73,246 STORM DRAIN CC NSTI UCTIC}N..::::...... ... ------ .... -..,..._..,. $18,459 TOTAL...... .........._'__........ ........ ...... $91,704 Prepared by:Jim Tsutsui 949-583-1010 gkosl/61-428 Parkside Estates Sturm Drain Imp Reduction.xlsx [date of Plan Plot;07-01-14 on 05-18-15 Page 1 of 3 Printed on.31M019- 12:42 PM 131 HUNSAKER &ASSOCIATES I RVINE, INC. Preliminary Cost Estimate for Budgetin_g Purpose Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: STORM DRAIN CONSTRUCTION PLANS EENR GonsL Index- 9800.38 JITEM IDESCRIPTION QUANTITY I UNIT UNIT PRICE I TOTAL COST GRAHAM STREET DEMOLITION NOTES: 1, BRICK& MORTAR PLUG 4 EA $402.00 $1,608.00 Z REMOVE EX.42"RCP - LF $73,00 $0,00 2. REMOVE EX. 60"RCP 185 LF $1 oo.50 $18,592.50 2, REMOVE EX, MANHOLE 1 EA $1,675.50 $1,675,50 Z REMOVE EX. INLET STRUCTURE I EA $5,000.00 $5'000.00 1 REMOVE&REPLACE SW, C&G 156 LF $236.00 $36'816,00 SUB-TOTAL GRAHAM STREET DEMOLITION $63,692.00 CONTINGENCY 15% $9,553.80 TOTAL GRAHAM STREET DEMOLITION $73,245.80 STORM DRAIN CONSTRUCTION NOTES: 76. CATCH BASIN INLET MOD.W=14' 1 EA $8,852.00 COMPLETED 77. CURB INLET BASKET SYSTEM 18 EA $1,992.00 COMPLETED 78, 5'W X 61 CONC.VAULT WIGATE 1 EA $5,647,00 COMPLETED 79, 12" HOPE 85 LF $47,00 COMPLETED W 181,RCP 876 LF $50,00 COMPLETED 81. 24" RCP 771 LF $68.00 COMPLETED 82, 30"RCP 1,004 LF $75,00 COMPLETED 83 36" RCP 732 LF $152,00 COMPLETED 84- 42" RCP 115 LF $160,00 COMPLETED 85 48"RCP 213 LF $178.00 COMPLETED 87, 60"RCP 116 LF $201,00 COMPLETED 58. 78" RCP 487 LF $247= COMPLETED 89, 84" RCP 258 LF $356,00 COMPLETED go, CATCH BASIN INLET W=4' 34 EA $2,597.00 COMPLETED 90, CATCH BASIN INLET W=7' 4 EA $5,647.00 COMPLETED 90, CATCH BASIN INLET W=14' 2 EA $8,852.00 COMPLETED 90 CATCH BASIN INLET W=28' 1 EA $16,051,00 $16,051.00 Prepared by:Jim Tsutsul 949583-1010 9/cort/61-428 Parkside Estates Storm Drain Imp Reductlon,x1sx Date of Plan Plot:07-01-14 on 05-18-15 Page 2 of 3 Printed am 31WO1 9-12:42 PM 132 HUNSAKER &ASSOCIATES I R V I N e, I N C. Preliminary Cost Estimate for BLd2eting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 16377 Location: City of Huntington Beach, California Type of plan: STORM DRAIN CONSTRUCTION PLANS ENR Const.Index= 9800.38 JITEM IDESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL COST 91. J.S.TYPE"D" 11 EA $4,922,00 COMPLETED 92. J.S. TYPE 11 6 EA $6,239.00 COMPLETED 93. J.S. TYPE 111 2 EA $7,635,00 COMPLETED 94, J.S. TYPE"E" 8 EA $1,472.00 COMPLETED 95, J.S. PIPE TO RCB I EA $7,635.00 COMPLETED 96, TS, TYPE"C" 14 EA $659,00 COMPLETED 97, RIP-RAP 99 SF $29,00 COMPLETED 98, INLET 138 CY $2,403,43 COMPLETED 99, CONCRETE COLLAR 8 EA $1,099,00 COMPLETED 100. J.S. TYPE"A" 2 EA $6,239.00 COMPLETED I 00k J.S. TYPE"A"MODIFIED 2 EA K239.00 COMPLETED 101- CATCH BASIN INLET MODIFIED I EA $18,344.00 COMPLETED 108. 108"RCP 147 LF $402.00 COMPLETED 120, 120" RCP 1,483 LF $454�00 COMPLETED 128, 12'W X 8'H PRECAST RCB 63 LF $2,697,19 COMPLETED 129. 10'W X 9'H PRECAST RCB 169 LF $2,474,65 COMPLETED 130. 10'W X 9'H RCB 160 LF $2,474.65 COMPLETED 131, TRANSITION STRUCTURE 10 LF $454,00 COMPLETED 132. MANHOLE RCS 1 EA $2,840.00 COMPLETED 133. 12'W X 8'H S_S_ H.D. FLAP GATE 1 EA $52,187,00 COMPLETED 134, SHEET PILE CROSSING COLLAR 3 EA $158,155.94 COMPLETED 135. SOIL CEMENT FOUNDATION 6,690 CY $9T00 COMPLETED 136, 66" DIA, H.D. ROUND FLAP GATE 1 EA $35,878,56 COMPLETED 137. TRANSITION STRUCTURE 22 LF $2,69719 COMPLETED 140- 2-16"PVC SCH 40 SLEEVES 408 LF $126,00 COMPLETED 150. BOX CULVERT WINGWALL 20,78 CY $2,403.43 COMPLETED 151, CHAIN LINK FENCE 38 LF $50.00 COMPLETED 162, MI5' EMBEDDED STEEL SHEET PILE 77 LF $1,593,00 COMPLETED 200. MODEL CAS 3030 WO UNIT 1 EA $81,704,00 COMPLETED 201, MODEL CDS 2020 WQ UNIT 1 EA $81,704.00 COMPLETED SUB-TOTAL STORM DRAIN CONSTRUCTION $16,051= CONTINGENCY 15% $2,407.65 TOTAL STORM DRAIN CONSTRUCTION $18,458.65 Prepared by:Jim TsUIZU 949-583-1010 g/cost/61-428 Parkside Estates Storm Drain Imp Reduction,xiv Date of Plan Plot;07-01-14 On 05-18-15 Pa_qe 3 of 3 Printed on:3/612019-12:42 PM 133 P I 0 IV, E March 29,2019 Mr.Tom Herbel City of Huntington Beach 2000 Main Street HB CA, 92648 Re: Request to Reduce Bands Street and Traffic Signal Subdivision Improvements Bond Tract 15377 Parkside Estates Dear Tom, I would like to begin the process of bond reductions on Parkside Estates, Tract 15377. 1 am requesting a reduction of the street and traffic signal subdivision improvements bond. It is bond#0195159, which is in the amount of$2,370,382. This is the Performance Band the Labor& Material bond for Tract#15377 issued by Berkley Insurance Company. These bonds were signed on September 4,2015. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related to the above referenced bond has been established at $588,608, Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which In this case would be approximately$1,177,216. Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949)526- 8842. Sincerely, John Thomas Community Development Manager sheahomes.com 2 Ada, Suite 200, Irvine, Cats �'I2618 I 0.949.526 C32u(,i 134 ^.ai�E lag Sl�f ra„r,r<3+ ,ka rrn� nr.+iT t v�a sIC� W�31'17k4++�i,b"ua tttirnn hp ati Yr§R'sv Tian IC-0I�a�"us r�.hi�y,t,}�ism 08553681 "AIS Sh��Rowan ,'. HUNSAla,R ! & ASSOCIA�FES IRVINE, INC. Preliminary Cast Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: STREET CONSTRUCTION FLANS ENR Const.Index= 9975.48 ITEM IDESCRIPTION QUANTITY I UNIT I UNIT PRICEI TOTAL COST Summary STREET CONSTRUCTION. .......... $420,251 NEW TRAFFIC SIGNAL INSTALLATION........... ................. ......... $168,357 TOTAL.........,,............................ .. .... . .,..,,....,..,..., ....f,,., ....... $588,608 Prepared by:Jim Tsutsu 949-583-1010 gtcost/61-428 Parkside Estates Street Imp Reduction,xlsx Date of Plan Piet;05-14-15 on 05-20-15 Page 1 of 4 Printed ran.3/612019..12t51 PM 135 HUNSAKER &ASSOCIATES I R V I N E, I N C Preliminau! Cost Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: STREET CONSTRUCTION PLANS ENR Const,Index= 9975,48 1 ITEM IDESCRIPTION 7777T—QUANTITY I UNIT I UNIT PRICE I TOTAL COST STREET CONSTRUCTION NOTES: IA. 33'A.C,WITH SS-1 SEAL COAT 424 TON $161.08 $68,297.92 lk 5A,B, 6,609 TON $4027 COMPLETED 113. A'A.C,WITH SS-1 SEAL COAT 73 TON $161,08 COMPLETED I B. 831 A.B. 174 TON $4017 COMPLETED 2. 6"CONC. CURB AND GUTTER 10,021 LF $16,39 COMPLETED 3, CONC, SIDEWALK 33,104 SF $4.22 $139,698M 4. CURB RAMP CASE C 13 EA $1,817.00 $23,62100 5, LED STREET LIGHT 22 EA $5,495.00 COMPLETED 6. LOCAL DEPRESSION 42 EA $1,433.00 COMPLETED 7. DRIVEWAY 9,807 SF $6,56 $64,333.92 8, ALLEY INTERSECTION W/4"CF 493 SF $6.56 COMPLETED 9, 8"CONC, CURB ONLY 167 LF $10,93 COMPLETED 10, DRIVEWAY 684 SF $6,56 COMPLETED 11 8"CONC. CURB&GUTTER 287 LF $25.07 COMPLETED IZ SAWCUT EX. EDGE OF PVMT 536 LF $2.22 COMPLETED I& REMOVE EX, CURB &GUTTER 415 LF $8.20 COMPLETED 14, REMOVE EX SIDEWALK 2,683 SF $2-11 COMPLETED 15, STREET LIGHT TO BE BY SCE 1 EA $0-00 BY OTHERS 16 2"GRIND/OVERLAY 431 TON $161,08 $69,484,11 17, ENHANCED PAVING 2,242 SF $12.59 COMPLETED 18, 36"CONCRETE BAND 81 LF $27,03 COMPLETED SUB-TOTAL STREET CONSTRUCTION $365,435.83 CONTINGENCY 15% $54,815,37 TOTAL STREET CONSTRUCTION $420,251.21 Prepared by:Jim Tsutsui 949-583-1010 9/cogt/61-428 Parks de Estates Street Imp Reduction.xIsx Date of Plan Plot:05-14.15 on 05-20-15 Page 2 of 4 Printed on:31612019-12:51 PM 136 HUNSAKER &ASSOCIATES I R V I N E, I N C. Preliminag Cast Estimate for Budgeting PurEoses Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: STREET CONSTRUCTION PLANS ENR Const-Index= 9975-48 I ITEM IDESCRIPTION QUANTITY I UNIT I UNIT PRICE I TOTAL COST NEW TRAFFIC SIGNAL INSTALLATIQN csour(,g.;Mina T.Qg_rr Min gar&Associates,Inc.,4-29-15) .-STREET IMPROVEMENTS ST-1 CURB RAMP CASE C 1 EA $3,370.00 COMPLETED TRAFFIC SIGNAL IMPROVEMENTS TS-1 TRAFFIC SIGNAL STD, TYPE I-A 3 EA $3,120-00 $9,360.00 TS-2 TRAFFIC SIGNAL STD. TYPE 19A 2 EA $81500= $17,000.00 TS-3 ELECTROLIER/LIGHTING TYPE 21 1 EA S4,500.00 $4,500.00 TS-4 TRAFFIC SIGNAL STD. TYPE 24A 1 EA $11,700,00 $11,700,00 TS-5 170E TRAFFIC SIGNAL CONTROL 1 EA $16,500.00 $16,500.00 TS-6 TYPE III-BF ELEC.SERVICE CAB. 1 EA S4,000.00 $4,000,00 TS-7 TRAFFIC SIGNS ON SIGNAL MAST 8 EA $170,00 $1,360.00 TS-8 TRAFFIC SIGNAL PULL BOX-PB#3 4 EA $520.00 COMPLETED TS-9 TRAFFIC SIGNAL PULL BOX-PB#5 4 EA $800.00 COMPLETED TS-1 0 TRAFFIC SIGNAL PULL BOX-PB#6 4 EA $850.00 COMPLETED TS-1 1 TRAFFIC SIGNAL PULL BOX-PB#6E 2 EA $780,00 COMPLETED TS-1 2 2"CONDUIT(SCH 80 PVC) 11 LF $17-50 COMPLETED TS-1 3 EDISON CO. CONNECTION 1 LS $2,000.00 COMPLETED TS-14 3" CONDUIT(SCH 80 PVC) 556 LF $30,00 COMPLETED TS-1 5 4" CONDUIT(SCH 80 PVC) 584 EA $50.00 COMPLETED TS-16 IN-PAVEMENT DETECTOR LOOP 25 EA $350.00 $8,750.00 TS-17 CONDUCTORS-28C CABLE 1,000 LF $2.50 $2,500.00 TS-18 CONDUCTORS-#12/2 CONDUCTOF 2,300 LF $2,60 $5,980.00 TS-1 9 CONDUCTORS-#20/3 EMG,VEH. 830 LF $2;00 $1,660,00 TS-20 CONDUCTORS-96 WIRE (SERVICE 50 LF $2-85 $142-50 TS-21 CONDUCTORS-DETECT, LEAD-IN 4,110 LF $0.80 $3,288,00 FIBER OPTIC INTERCONNECT FO-1 TRAFFIC SIGNAL PULLBOX PB#5 6 EA $800.00 COMPLETED FO-2 4-STND SC3L-MODE FIBER OPTIC 1,750 LF $5.50 COMPLETED FO-3 3" PVC CONDUIT W1 PULL ROPE 1,250 LF $30.00 COMPLETED FO-4 TEST AND SPLICE FIBER INTERF. I LS $4,000.00 $4,000,00 Prepared by:Jim Tsutsul 949-583-1010 gicost/61-428 Parkside Estates Street Imp Reduction.xlsx Date of Plan Plot:05-14-15 on 05-20-15 Page 3 of 4 Printed on:302019-12:51 PM 137 HUNSAKER &ASSOCIATES I RVINE, INC. Preliminary Cost Estimate for Suggetina Pureoses Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach,California Type of plan: STREET CONSTRUCTION PLANS ENR Const, Index- 9976.48 JITEM IDESCRIPTION QUANTITY UNIT I UNIT PRICE l TOTAL COST SIGNING &STRIPING SS-1 TRAFFIC STRIPE 2,200 LF $1.97 $4,334.00 SS-2 PAVEMENT MARKINGILEGEND 7 EA $154.50 $1,081.50 SS-3 BIKE LANE ARROW(RSP A24A) 11 EA $2156 $25916 SS-4 BIKE LANE SYMBOL 12 EA $94,22 $1,130.64 SS-5 LIR TURN ARROW(TYPE IV) 14 EA $1 00.95 $1,413.30 SS-6 SIGNAL LEGEND 1 EA $215-36 $215.36 SS-7 STOP LEGEND 5 EA $148,06 $740.30 SS-8 AHEAD LEGEND 2 EA $208.63 $417.26 SS-9 6"TRAFFIC SKIP STRIPE 3,060 LF $1.00 $3,060,00 SS-10 61'TRAFIC SKIP STRIPE 1,144 LF $0.50 $572.00 SS-11 8"WHITE TRAFFIC STRIPE 930 LF $2.38 $2,21140 SS-12 12"WHITE TRAFFIC STRIPE 300 LF $635 $2,025.00 SS-13 DOUBLE 4"YELLOW CIL 3,195 LF $3.12 $9,968,40 SS-14 RED CURB PAINT ON C-F 3,870 LF $1,00 $3,870,00 SS-15 ROADSIDE SIGN-ONE POST 4 EA $269,15 $1,076.60 SS-16 ROADSIDE SIGN ON EX, POST 8 EA $160,00 $1,280,00 PROJECT TRAFFIC CONTROL I LS $15,000,00 $15,000,00 MOBILIZATION 6% LS $139,397 $7,000-00 SUB-TOTAL NEW TRAFFIC SIGNAL $146,39T42 CONTINGENCY 15% $21,959,61 TOTAL NEW TRAFFIC SIGNAL $168,35T03 Prepared by:Jim TsutsW 949-563-1010 gicost/61-428 Parkside Estates Street Imp ReductioriAsx Date of Plan Plot:05-14-15 on 05-20-15 Page 4 of 4 Printed on:31612019-12:51 PM 138 NNW /ive fie 6Nrencr-: March 29,ZD19 Mr.Tom Herbe| City of Huntington Beach 2OOO Main Street H8 CA, 92G4B Re: Request to Reduce Bonds Channel,VFPF Subdivision Improvements Bond Tract 15377ParksideEstates DearTom, |would like to begin the process of bond reductions on Parksi6e Estates, Tract 15377. ( am requesting reduction of the channel and VFPF subdivision improvements bond. |t|s bond#D1951GD,which |uinthe amount of$S,9O9,63O. This is the Performance Bond the Labor&Material bond for Tract#15377 issued by Berkley Insurance CVnnpany- ThesebondsxVere signed on September 4,2U15. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related bathe above referenced bond has been established at$l6,8OQ. Shea Homes, LP respectfully requests a reduction tm the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which in this case would be approxirnate|y$33,60O. Please review the attached and let rng know|fthere is anything further you will need in order toreduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949) 526- 8842. Since John Thomas Community Development Manager oheahomes.cpm 2 Ada, Suite200, |,"iow, CA 92618 | 0-949,526.$800 | 139 *J°Sky ykC" "!°�-; TA-,uw~mc^~p~'�CAkbwl 1'106e/c°"°,,^m° bvs�" olssfie^u^"=` OF �� HUNSAKER &ASSOCIATES I R V I N E. I N C, Preliminary Cost Estimate for Budgetin2 Purposes Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, al forma Type of plan: C05 CHANNEL IMPROVEMENTS AND V.F.P.F. ENR Gonst.Index= 9975.48 1ITEM IDESCRIPTION QUANTITY UNIT I UNIT PRICE J_ TOTAL COST Summary CHANNEL IMPROVMENTS&V,F.P,F............... ................................. $16,800 TOTAL,.,,..,,,,,...................... .................................--............... $16,800 Prepared by:Jim Tsutsw 949-583-1010 glcost/61-428 Parkside Estates VFPF Estimate Reduction.)dsx Date of Plan Plot:06.13-14 on 03-06-19 Page I of 2 Printed om 3/612019-12:1 a PM 140 HUNSAKER &ASSOCIATES IRVI NE, INC, Preliminaty Cost Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: C05 CHANNEL IMPROVEMENTS AND V,F.P.F. ENR Const.index= 9975.48 1 ITEM IDESCRIPTION I QUANTITY 1, UNIT UNIT PRICE I TOTAL COST CONSTRUCTLON NOTES: 1. SITE PREPARATION WORK I LS $5,000.00 COMPLETE 2, SOIL MIX PLAN-PRIMARY SYSTEM 1,128 EA $1,696.36 COMPLETE 2- SOIL MIX PLAN-SECONDARY SYS. 1,426 EA $1,696,36 COMPLETE 3. 6" UNTREATED BASE ROAD 1,1212 TON $9J7 COMPLETE 4- SHEET PILES 123 LF $194.00 COMPLETE 5, UNGROUTED RIP-RAP BLANKET 16,621 SF $29.00 COMPLETE 6. GUARD CABLE FENCE 2,087 LF $7-00 $14;609.00 7, GRATE INLET SKIMMER BOX 11 EA $1,158.00 COMPLETE 8, R&R EX. RI W FENCING&GATE 25.5 LF $35.00 COMPLETE 9. R&R EX.CONCRETE DRIVEWAY 315 SF $24.00 COMPLETE 10, CURB &GUTTER TYPE A2-8 9,676 LF $26,00 COMPLETE 11. SWPPP 1 LS $7,()00.00 COMPLETE 12, DEMOBILIZATION 1 LS $10.000.00 COMPLETE SUB-TOTAL VFC PROTECTION $14,609,00 CONTINGENCY 16% $Z191,35 TOTAL VFC PROTECTION $16.800,35 Prepared by:Jim Tsulsui 949-583-1010 glcostffi1-428 Pafkside Estates VFPF Estimate Peduction-x1sx Date of Plan Plot:0613-14 on 03-06-19 Page 2 of 2 Printed on:31612019-1216 PM 141 Ove the difference, March 2B, Z019 Mr.Tom Herbe| City of Huntington Beach 2OOO Main Street HB CA' 92648 Re: Request tn Reduce Bonds Slater Pump Station Improvements Bond Tract I5377ParksideEstates Dear Tom, | would like to begin the process of bond reductions on Parkside Estates,Tract 18377. | am requesting reduction 0f the Slater pump station subdivision improvements bond. |t|s bond #O195%61,which|s[n the amount nf$3^373,771. This is the Performance Bond the Labor& Material bond for Tract#IS377 issued by Berkley Insurance Company. These bonds were signed on September 4,2O15. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related to the above referenced bond has been established at $339,573, Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount uf the updated engineer's estimate which im this case would be approximately$G7g,146. Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949) 526- 8842. Sincerely, John Thomas Community Development Manager nheahomeu.c*m 2 Ada, Suite 200, |wine. CA 92618 0:949.s26.8800 | 142 HUNSAKER &ASSOCIATES IRVINE, INC, Prellmlinait Cast Estimate for Budgeting Purposes Project Name: PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: SLATER STORM WATER PUMP STATION ITEM IDESCRIPTION I (QUANTITY UNIT I UNIT PRICE TOTAL COST Summary SLATER STORM WATER PUMP STATION...,..--------.....-a...................... $339,573 TOTAL---......... Prepared by Joe Sinacori 949-768-2504 g1costt(31.430 Slater Storm Grain Pump Station Estimate Reduction.xisx [late of Flan Plot:03-25-14 on 03.27-2019 Page 1 of 3 Printed on:3127t2019 14:49 AM 143 BUNSAFER & ASSOCIATES IRVINE, INC, Preflmina Cost Estimate for Budgeting PuVoses Project Name; PARKSIDE ESTATES -TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: SLATER STORM WATER PUMP STATION JITEM IDESCRIPTION ... 1 QUANTITY I UNIT UNIT PRICE I TOTAL COST SLATER STORM WATER PULP STATION Mobilization (COMPLETE), 1 demobilization, &cleanup(5- 1 LS $47,781.00 $47,781 Bonds, insurance, & permits(3- 2 Percent) 1 LS $57,337A6 COMPLETE 3 New Propeller Pump(Material) 2 EA $136,500-00 COMPLETE 4 New Propeller Pump (installation) 2 EA $25,000.00 COMPLETE 5 New Natural Gas Engine(Material) 2 EA $294,244.13 COMPLETE New Natural Gas Engine 6 (installation) 2 EA $25,000.00 COMPLETE Exhaust Piping From Engineto 7 Building Roof 2 EA $26,126,25 COMPLETE 8 Engine Muffler(Silencer) 2 EA $17,943.85 COMPLETE Natural Gas Steel Pipe From Outlet 9 to Engine 2 EA $3,500= COMPLETE Liquid Propane Gas Line From 10 Outlet to Vaporizers 2 EA $2,500.00 COMPLETE 11 Liquid Propane Gas Vaporizers 2 EA $4,187,50 COMPLETE Propane Gas Line From Vaporizer to 12 Engine 2 EA $1,500.00 COMPLETE Ame6gear Closed Coupled Dive 13 Shaft Assembly(Coupling) 2 EA $5,783,75 COMPLETE CPVC Pipe From Engine to Heat 14 Exchanger 2 EA $5,125.00 COMPLETE 15 Heat Exchanger in Pump Forebay 2 EA $15,225.00 COMPLETE Amarillo Right Angle Gear Drive 16 (RAGD) 2 EA $62,132,50 COMPLETE 17 Emergency Operation Floats 2 EA $731,25 COMPLETE 18 Murphy Engine Controller 2 EA $27,500.00 $55,000 Aluminum Grating in Pump Station 19 Building 1 LS $7,500,00 COMPLETE 20 NTS Submersible Pump 2 EA $32,000.00 COMPLETE Prepared by:Joe Sinacori f 449-768-2504 glcost/6i-430 Stater Storm Drain Pump station Estimate Reductlon.xisx Date of Plan Plot:03-25-14 on 03-27-2019 Page 2 of 3 Printed on-=712019-1 0:49 AM 144 HUNSAKER & ASSOCINfES I R V I N E, I N G. Preliminary Cost Estimate for Bud 2etin2 Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach,California Type of plan: SLATER STORM WATER PUMP STATION JITEM IDESCRIPTION _QUANTITY I UNIT UNIT PRICE TOTAL COST 21 NTS Valve Vault and Piping 1 LS $50,00100 COMPLETE 22 NTS Pressure Force Main 350 LF $175.00 COMPLETE Sump Pump Precast Concrete 23 Building 1 LS $75,000.00 $75,000 24 Retaining Wall and Walkway 50 LF $200.00 COMPLETE Trash Rack Rebilitation and New 25 Lights 1 LS $60,000.00 COMPLETE Cured In Place Pipe(CIPP)for 26 Discharge Piping 2 EA $45,000,00 COMPLETE Electrical- Motor Control Center 27 (MCC) 1 LS $50,000.00 $50,000 Electrical -Transformer, Main 28 Service Panel, Pull Boxes 1 LS $35,000.00 $35,000 Electrical-Underground Conduit 29 Work I L$ $40,000,00 COMPLETE 30 Electrical-Wiring For New Engines 1 LS $30,000.00 COMPLETE 31 Site Grading and Paving 1 LS $26,000.00 $25,000 32 Excavation and safety measures 1 LS $7,500,00 $7,500 SUB-TOTAL SLATER STORM WATER P.S. $295,281 CONTINGENCY 15% $44,292 TOTAL SLATER STORM WATER P.S. $339,573 Prepared by:Joe Sinacori 949.768-2504 9/cost/61-430 Slater Storm Drain Pump Station Estimate Reduction.x1sx Date of Plan Plot:03-25-14 on 03-27-2019 Page 3 of 3 Printed on:3127/2019-1 0A9 AM 145 March 29, 2019 Mr.Tom Herbel City of Huntington Beach 2000 Main Street HB CA, 92648 Re: Request to Reduce Bonds Natural Treatment System Subdivision Improvements Bond Tract 15377 Parkside Estates Dear Tom, I would like to begin the process of bond reductions on Parkside Estates,Tract 15377, 1 am requesting a reduction of the natural treatment system subdivision improvements bond. It is band#0195162,which is in the amount of$418,152. This is the Performance Band the Labor&Material bond for Tract#15377 issued by Berkley Insurance Company, These bonds were signed on September 4, 2015. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete. At this time the work related to the above referenced brand has been established at$19,191. Shea Homes, LP respectfully requests a reduction to the above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which in this case would be approximately$38,382, Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions or concerns, please do not hesitate to contact me at(949) 526- 8842. Sincerely, John Thomas Community Development Manager sheahor es.com 2 Ada,a, Suite 200, Irvine, C (M 8 � o:149,526.380 146 Y r ra P?�,4.01I,,t ww, ;K-AmEI,;)I 31,16,6, icemes Ofnit�tl N Hi.INSAKER & ASSOCMES IRVI NE, INC. Preliminary Cost Estimate for Bud2efinq Purposes Project Name•. PARKSIDE ESTATES-TRACT NO, 15377 Location: City of Huntington Beach, California Type of plan: WATER QUALITY BASIN SYSTEM (NATURAL TREATMENT SYSTEM) ENR Const.Index= 9975,48 ITEM DESCRIPTION QUANTITY 1 UNIT I UNIT PRICE TO7 AL COST Summary CONSTRUCTION NOTES......... ................ ....s .,. .,:....:..... $19,191 TOTAL....... .......... $19,191 Prepared by:Jim Tsutsui 949-583-1010 gtcost161-431 Parkslde Estates Water Quality NTS Basin Reduction.xlsx Date of Plan Plot,08-18-14 on 05-08-15 Page 1 of 2 Printed om 3/612019-12:28 PM 147 HUNSAKER & ASSOCIATES I R V I N E, I N C. Preliminary Cost Estimate for Bud2eting Purposes Project Name: PARKSIDE ESTATES-TRACT NO. 15377 Location: City of Huntington Beach, California Type of plan: WATER QUALITY BASIN SYSTEM (NATURAL TREATMENT SYSTEM) ENR Const,Index= 9975.48 ITEM DESCRIPTION 1'—QUANTITY I UNIT UNIT PRICE TOTAL COST CONSTRUCTIQN NOTES* 1, SITE PREPARATION WORK 1 LS $2,500-00 COMPLETE 2- RIP-RAP WEIR STRUCTURE 1,352 CY $81.00 COMPLETE 3. 12"PVC PIPE SDR,35 ill LF $33.00 COMPLETE 4. 18" RCP 89 LF $51.00 COMPLETE 5. 24" RCP(DETAIL 1) 505 LF $69.00 COMPLETE 6. 24"RCP(DETAIL 3) 93 LF $99.00 COMPLETE T 4'X 4' RC DIVERSION STRUCTURE I EA $10,68100 COMPLETE & 6'X 4' RC DIVERSION STRUCTURE I EA $15,1574,50 COMPLETE 9. OUTLET STRUCTURE 2 EA $17,556.61 COMPLETE 10, RAILING 60 LF $6T00 COMPLETE 11, GRATE 2 EA $2,536,00 COMPLETE 12. 4'X 4'RC DISTRIBUTION STRUC_ I EA $10,583,00 COMPLETE 13, 24" RCP FLARED END SECTION 2 EA $3,979�00 COMPLETE 14, RIP-RAP OUTLET PROTECTION 18 CY $81,00 COMPLETE 15, RIP-RAP OUTLET PROTECTION 16 CY $81.00 COMPLETE 16. RIP-RAP OUTLET PROTECTION 36 CY $81.00 COMPLETE 16. RIP-RAP OUTLET PROTECTION 71 CY $81.00 COMPLETE 16 CD S UNIT 1 EA $83,16100 COMPLETE 17. 48" PRECAST MANHOLE 2 EA $2,891m COMPLETE 18, 8"CONCRETE SLAB 226 SF $12M COMPLETE % SWPPP I LS $7,000-00 COMPLETE X POROUS PAVEMENT SYSTEM 4,450 SF $3.75 $16,68T50 SUB-TOTAL NITS BASIN CONSTRUCTION $16,687.50 CONTINGENCY 15% $2,503,13 TOTAL KITS BASIN CONSTRUCTION $19,190,63 Prepared by:Jim UALA 949-583-1CI0 g/cost/61-431 Parkside estates Water Quality TUTS Basin Reduction.xlsx Dale of Plan Plot:09-18-14 on 05-08-15 Page 2 of 2 Printed on:3/6/2019-12:28 PM 148 March Z9,ZO19 Mr.Tom Herbe| City of Huntington Beach ZOOO Main Street H8 CA, 92648 Re: Request to Reduce Bonds Grading improvements Bond Tract 15377ParksideEstates DcarTom, I would like to begin the process of bond reductions on Parkside Estates,Tract 15377. | am requesting a reduction of the grading subdivision improvements bond. |tis bond#O195I63,which isin the amount of$2,595,077. This is the Performance Bond the Labor&Material bond for Tract#15377 issued by Berkley insurance Company. These bonds were signed oo September 4, 2O15. Please also find attached an updated Engineer's cost estimate showing the balance of work to be complete, At this time the work related to the above referenced bond has been established at$17,958. Shea Homes, LP respectfully requests a reduction tothe above referenced bond with the understanding that the new amount will be approximately twice the amount of the updated engineer's estimate which in this case would be approximately$3S,gl6. Please review the attached and let me know if there is anything further you will need in order to reduce the above referenced bonds. As always if you have any questions Qr concerns, please do not hesitate to contact meat(949)526- 8042. Sincerely, John Thomas Community Development Manager sheshummwscomm 2 Ada, Suite 20U, |rv|ne, CA 92618 | ��p4*.52o.guVo � 149 MafkotinvCompany(CalORENU13786461,eonstruCtion by Shea Hontes kmoed Partnership,/tcensep85536B/T120/sShea Homes 121� HUNSAKER, & ASS€)CIATES I i2 V I N E. I N C. Preliminary Budget for Banding Purposes Project Name: PARKS IDE ESTATES-TRACT NO. 15377& 1419 Location: City of Huntington Beach, California Type of plan: Rough Grading Plan UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL COST Summary A. EARTHWORK..................................................................................... $17,958.00 B. DRAINAGE STRUCTURES... ._........ ......._'__...... ........... $0,00 C, EROSION CONTROL.............. ................__._. ............,..,....,.,...... ....,. $0,00 GRANDTOTAL...................................... .............---------... ..--------.,.,..... 17,958.00 Mote:This estimate is based can a 40-scale plain plot dated 06-23-2015 wbis i-,not approved and is subject to ravislon. Prepared by: Richard Burns 949-583-1010 51-428 Rough Grade Bond Estimate Reduction.xis Bond Es0etW Plan Plot: 06-23-2015 on 8-31-2015 Page 1 of 2 Printed on: 3/27/2019-10,43 AM 150 HUNSAKER & ASSOCIATES R V I N E, I N C. Preliminary Budget for Bonding Purposes Project Name: PARK SIDE ESTATES-TRACT NO. 15377& 15419 Location: City of Huntington Beach, California Type of plan. Rough Grading Plan UNIT -ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL COST EARTHWORK MASS EXCAVATION 12,320 CY $2,50 COMPLETED REMOVALS& RECOMP, 10,950 CY $1.64 $17,958,00 IMPORT 220,040 CY $7,12 COMPLETED1 TOTAL EARTHWORK $17,958.00 DRAINAGE STRUCTURES 1. CONC. 'V' DITCH 1,675 LF $22.00 COMPLETED 2. DRAIN INLET 12 EA $500.00 COMPLETED 3. 6" CURB&4'-6"GUTTER 309 LF $30,00 COMPLETED 4. RIP-RAP 1 EA $2,500.00 COMPLETED 5. SPLASH WALL 36 LF $25.00 COMPLETED 6. 12"PVC 1,230 LF $25,00 COMPLETED T 12" PVC TO 24"RCP CONN. 3 EA $1,550.00 COMPLETED 8, J.S. TYPE"C" 1 EA $2,000.00 COMPLETED TOTAL DRAINAGE STRUCTUR $0.00 EROSION CONTROL 10, STABILIZED ENTRY 5401 SF $0.70 COMPLETED 11, ROCK-SCREENED C.B. 34 EA $300.00 COMPLETED 12. 2-GRAVEL BAG @ INLET 24 EA $25.00 COMPLETED 13. SILT FENCE 2,327 LF $5.00 COMPLETED 14, 3 FT. HIGH BERM I EA $2,947,50 COMPLETED 15. 6' CHAIN LINK FENCE 473 LF $15.00 COMPLETED 16- M-BINDER 894,340 SF $0-05 COMPLETED 17, GEO-BINDER ALL SLOPES 26540 SF $0,33 COMPLETED 18. SILT COLLECTION BASIN 1 EA $25,000.00 COMPLETED TOTAL EROSION CONTROL $0.00 Prepared by,. Richard Burns 949-583-1010 61-428 Rough Grade Bond Estimate Reduction,xls Bond Es9adeaf Plan Plot: 06-23-2015 on 8-31-2015 Page 2 of 2 Printed on: 3127/2019-1 OA3 AM 151 ATTACHMENT #4 RIDER To be attached to and form part of: Bond Number 0195156 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $1,742,247.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: One Million Seven Hundred Forty Two Thousand Two Hundred Forty Seven and no/100--- ($1,742,247.00) TO: Two Hundred Sixty Six Thousand Two Hundred Eighty Four and no/100 --- ($266,284.00) Payment bond FROM: Eight Hundred Seventy One Thousand One Hundred Twenty Three and 501100---($871,123.50) TO: One Hundred Thirty Three Thousand One Hundred Forty Two and no/100--- ($133,142.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPR VED AS TO FORM This Rider is to be Effective this 3rd day of April, 2019. Bt (MICHAEL E. A S Signed, Sealed&Dated this 10th day of April, 2019. CITY ATTORNEY CITY OF HUK:;GTON BEACH SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY INSURANCE COMPANY (Surety)�� By: Edward C. Spector,Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 APR 10 Zots On before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(-S) whose name(s) is/eI.-e subscribed to the within instrument and acknowledged to me that he/Ai-e/tom executed the same in his/ /tom authorized capacity(ie:s), and that by his/ / signature(8) on the instrument the person(s), or the entity upon behalf of which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the V- State of California that the foregoing paragraph is true and correct. W NESSA FONG COMM.#2213982 Z LOS ANGELES COUNTY WITNESS my hand and official seal. •`�V NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES - SEPTEMBER 14,2021 Signatur Signature of Notary P 1' No. BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. .E Spector, Simone Gerhard, Daravy Mady, Tracy C Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds -0 had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. v r This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, o y Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant 4° Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 5 °o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ° attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the > manner and to the extent therein stated; and further -o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and � further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ' other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 5 .S though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any n person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. c "o o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o s corporate seal hereunto affixed this /3day of ,2013. fl Attest: Berkley Insurance Company o (Seal) By BIr o ° Ira S. Federman y Halter Senior Vice President& Secretary ior i e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. a. v b STATE OF CONNECTICUT) ° ) ss: N � COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,.this l'3 day of , 2013, by Ira S. Lederman and r Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. 0 EILEEN KILLEEN C7 NOTART PUBO(.srtiTc nr co,,r,F.CTiCUT Notary Public, State of Connecticut Z MY ColmMSSION EXPIRES JUNE 30,2017 CERTIFICATE I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 Y true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, whc eye a`e the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this__day r— (Seal) Andrew M. a Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquirykberkle surety Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClainigberkle. sy ure . .com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195156 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General P rtner a Z vGina Cordon Title: Authorized Agent By: Name: Title: John Thomas Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------� 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. ° > BONNIE MACEWAN-CAMP WITNESS my hand and official seal. 5'.—r sF Notary Public-California z Orange County > Commission#2239892 My Comm.Expires May 24,2022 Signature -`(Seal) RIDER To be attached to and form part of: Bond Number 0195157 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $2,190,661.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore,it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Two Million One Hundred Ninety Thousand Six Hundred Sixty One and no/100---($2,190,661.00) TO: Three Hundred Ninety One Thousand Six Hundred Twenty Two and no/100--- ($391,622.00) Payment bond FROM: One Million Ninety Five Thousand Three Hundred Thirty and 50/100--- ($1,095,330.00) TO: One Hundred Ninety Five Thousand Eight Hundred Eleven and no/100 --- ($195,811.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPR V D AS T � This Rider is to be Effective this 3rd day of April, 2019. ,�., �—.--o By. ICHAtL E• GATES Signed, Sealed&Dated this 10th day of April, 2019. CITY ATTORNEY CITY of HUi3,•i.O,.:JN BEACH SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLE SURANCE COMPANY (Surety By: t�x Edward C. Spector,Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 APR 10 20,19, before me, Vanessa Fong, Notary Public,personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar=@ subscribed to the within instrument and acknowledged to me that he/--�44ey executed the same in his/ / authorized capacity(i,&s), and that by his/hef/4t@4 signature(s) on the instrument the person(,3), 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 VA.NESSA FONG State of California that the foregoing paragraph is true and correct. w. COMM.#2213982 DD Z _ LOS ANGELES COUNTY D WITNESS m hand and official seal. 6. NOTARY PUBLIC-CALIF09NIAZ �' MY COMMISSION EXPIRES - SEPTEMBER 14, 2021 Signature - Signature of Notary Pu i No.BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. .1 KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted r' and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los E Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.S50,000,000.00),to the same extent as if such bonds r had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is anted pursuant to the following o a� g• g P � P Y granted P g U resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: ^ o cRESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o ? Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ° attorney-in-fact and revoke any power of attorney previously granted;and further ti RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further b RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and o p further .RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o U°corporate seal hereunto affixed this /3day of F ,2013. Attest: Berkley Insurance Company (Seal) BY B Ir Ira S. ederman jmry(a HalterSenior Vice President& Secretary e President y WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BER(LEY" SECURITY PAPER. E STATE OF CONNECTICUT) 0 ss: o COUNTY OF FAIRFIELD ) r -Sworn to before me, a Notary Public in the State of Connecticut, this 1r3 day of , 2013, by Ira S. Lederman and rJeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. E EILEEN KLLEE11,41 s v nn7;tir,� re°ruc.s7 .1coFcc�^nFCTtcur Notary Public State of Connecticut ICY CojofJIISSION EXPIRES JUNE 30,2017 ' z C CERTIFICATE uI,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a Etrue, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who uxenuted the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. )� L..i Given under my hand and seal of the Company,this ^ day of _ C,' (Seal) Andrew M. -4ma Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiTygberkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaimgberkleysurety.com Please include with all communications the bond number and the naive of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195157 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General P ner Y: Gina Gordon Title: Authorized Agent By: Name: Title: John Thomas Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------� 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. f BONNIE MACEWAN-CAMPBELL WITNESS my hand and official seal. a r `= NotaryPublic-California Orange County z Commission It 2239892 > My Comm.Expires May 24, 2022 Signature`\', �c— � (Seal) RIDER To be attached to and form part of: Bond Number 0195158 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $5,078,606.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Five Million Seventy Eight Thousand Six Hundred Six and no/100--- ($5,078,606.00) TO: One Hundred Eighty Three Thousand Four Hundred Eight and no/100--- ($183,408.00) Payment bond FROM: Two Million Five Hundred Thirty Nine Thousand Three Hundred Three and no/100---($2,539,303.00) TO: Ninety One Thousand Seven Hundred Four and no/100--- ($91,704.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPROVED AS ORM This Rider is to be Effective this 3rd day of April, 2019. By; 724 M CHAtL GA Signed, Sealed&Dated this 10th day of April, 2019. CITY ATTORNE CITY OF HUN—o A:GTON BEACH SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY INSURANCE COMPANY (Surety)-� By: Edward C. Spector,Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 APR 1 G 210 1 D before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(-,) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/ /thy executed the same in his/ /tom authorized capacity(is), and that by his/l / signature() on the instrument the person(8), 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. VA.NESSA FONG COMM.#2213982 Z LOS ANGELES COUNTY $ WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES - �� SEPTEMBER 14,2021 Signature Signature of Notary Pub No. BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. 71 KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los 5 Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, i acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.S50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. v �^ This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: — o cRESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, - Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant w ? Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o ' corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such r attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the > manner and to the extent therein stated; and further 3 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or y other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any . person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its "corporate seal hereunto affixed this /3day of 1 ,2013. Attest: Berkley Insurance Company o 7�(Seal) By BJSmRl�,e Ira S. Lederman Hafter Senior Vice President& Secretary President 6 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE`BERKLEY"SECURITY PAPER. .1 STATE OF CONNECTICUT) S o ss: COUNTY OF FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut, this day of/� , 2013, by Ira S. Lederman and 'Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. EILEEN KILLEEN C7 n1rn:Ar,f Pu130c.s7;7 rj�of Con'n'F_CTICUT Notary Public, State of Connecticut Z Ivy COMMISSION EXPIRES JUNE 30.2017 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a Etrue, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. ``'' y C; �f;F Given under my hand and seal of the Company,this__riay of_ 114 (Seal) cr Andrew M. -LgAa Please verify.the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquirygberkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim(c�z�,berkle. ssurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195158 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: Gen>e: a er B : N Gina Gordon Title: horized Agent By: Name. Title: John Thomas Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------- 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. WITNESS m hand d official l. ;``"°... BONNIE MACEWAN-CAMPBELC my an sea e Notary Public-California Orange County = Commission#2239892 P My Comm.Expires May 24,2022 Signature RIDER To be attached to and form part of. Bond Number 0195159 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $2,370,382.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore,it is agreed that in consideration of the premium charged,the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Two Million Three Hundred Seventy Thousand Three Hundred Eighty Two and no/100---($2,370,382.00) TO: One Million One Hundred Seventy Seven Thousand Two Hundred Sixteen and no/100--- ($1,177,216.00) Payment bond FROM: One Million One Hundred Eighty Five Thousand One Hundred Ninety One and no/100---($1,185,191.00) TO: Five Hundred Eighty Eight Thousand Six Hundred Eight and no/100--- ($588,608.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPROVED AS TO FORM This Rider is to be Effective this 3rd day of April, 2019. By: MICHAEL z.GATES Signed, Sealed&Dated this 1 Oth day of April, 2019. CITY ATTORNEY CITY Of NUN NGTON OEACH SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY INSURANCE COMPANY (Surety) ` By Z R `- Edward C. Spector, Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/ar=e subscribed to the within instrument and acknowledged to me that he/s6&/tom executed the same in his/her/tom authorized capacity(ie1g), and that by his/hm/ 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. VANESSA FONG COMM,#2213982 Z `w LOS ANGELES COUNTY WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES SEPTEMBER 14,2021 ----------- Signature Signature of Notary P h No.BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. CS" x Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, :E acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that ct no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds 2 had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own y s proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, -c without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: c - o RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, 0 o Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such o attorney-in-fact and revoke any power of attorney previously granted;and further j RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, E7- 4. or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the y manner and to the extent therein stated; and further c RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of or officers of the Company, notwithstanding the fact that they may have - ceased to be such at the time when such instruments shall be issued. -a IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its E corporate seal hereunto affixed this /3day of 1�; ,2013. r C', Attest: Berkley Insurance Company (Seal) By By Ira S. Lederman J y Hafter Senior Vice President& Secretary S mor i e President o WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) o ) ss: o � COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of/� , 2013, by Ira S. Lederman and rJeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of "-Berkley Insurance Company. EiLEEfv is LLEEN NOTARYPLPLIC.Si;yTEOFCC)A'M1'FCT�CUT Notary Public, State of Connecticut my 00io ISSION EXPIRES JUNE 30.2017 Z CERTIFICATE tclil, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who exec e the bog.� nor undertaking to which this Power of Attorney is attached,is in full force and effect as ofthisAate, b r ,. �U i Given under my hand and seal of the Company,this day of (Seal) Andrew M. �u��a Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquir_y�cer�,berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaimgberkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195159 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Pa er B . Na Gina Gordon Title: Authorized Agent By: Name: Title: -(4,/41-11, John Thomas Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------- 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. WITNESS my hand and official seal. BONNIE MACEWAN-CAMPBELL Notary Public-California Orange County Commission#2239892 '.., My Comm.Expires May 24,2�22 Signature � RIDER To be attached to and form part of.- Bond Number 0195160 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $5,909,620.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Five Million Nine Hundred Nine Thousand Six Hundred Twenty and no/100 --- ($5,909,620.00) TO: Thirty Three Thousand Six Hundred and no/100 - - - ($33,600.00) Payment bond FROM: Two Million Nine Hundred Fifty Four Thousand Eight Hundred Ten and no/100 - - - ($2,954,810.00) TO: Sixteen Thousand Eight Hundred and no/100 --- ($16,800.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPR VED AS FORM This Rider is to be Effective this 3rd day of April, 2019. ' By. w Ate GATES Signed, Sealed &Dated this 10th day of April, 2019. S CITY ATTORNEY CITY OF HUNTINGTON BEACH SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY INSURANCE COMPANY (Surety) CX�.By: _ . Edward C. Spector, Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PLRPOSE 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 Anfgeles AFROn y L..1 1 before me, Vanessa Fong Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that heA3he/giey executed the same in his/h4m/the4 authorized capacity(i@�s), and that by his/ / 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 VA,NESSA FONG State of California that the foregoing paragraph is true and correct. COMM.#2213982 7 , LOS ANGELES COUNTY NOTARY PUBLIC-CALIFORNIAZ WITNESS my hand and official seal. MY COMMISSION EXPIRES - SEPTEMBER 14,2021 Signature Signature of Notary Pub is No.BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly r organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. . Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own c proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following �' resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: T� c RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein G to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the ocorporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ^— attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, r = or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and b"b further � RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its ""corporate seal hereunto affixed this /3day of ,2013. Attest: Berkley Insurance Company o (Seal) By ByzluLvu� AA, o Ira S. Lederman J y Hafter Senior Vice President& Secretary S mor 5 a President 71 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. a STATE OF CONNECTICUT) N y ) ss: o COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of/� 2013, by Ira S. Lederman and —"Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. EILEEt� KILLEEtr! nwT:�r}'rurcic.s�;. oFcr�nnFcrrcur Notary Public, State of Connecticut My CofviMisSION EXPIRES JUNE 30.2017 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 'true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. I r,-) I r L. J5 , - C. Given under my hand and seal of the Company, this vY_day of (Seal) Andrew M. Vn'a Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquirygberkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim(c�r�,berkle. s�y.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195160 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Pa er B N Gina Gordon Title: Authorized Agent By: Name. John Thomas Title: Authorized Agent 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 Orange ) On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------- 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. WITNESS my hand and official seal. E. o.>f BONNIE MACEWAN-CAMPBELL Notary Public-California z +e a' Orange County `> << Commission#2239892 My Comm.Expires May 24, 2022 Signatu Seal) RIDER To be attached to and form part of: Bond Number 0195161 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $2,373,771.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore,it is agreed that in consideration of the premium charged,the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Two Million Three Hundred Seventy Three Thousand Seven Hundred Seventy One and no/100---($2,373,771.00) TO: Six Hundred Seventy Nine Thousand One Hundred Forty Six and no/100--- ($679,146.00) Payment bond FROM: One Million One Hundred Eighty Six Thousand Eight Hundred Eighty Five and 50/100---($1,186,885.50) TO: Three Hundred Thirty Nine Thousand Five Hundred Seventy Three and no/100--- ($339,573.00) It is further understood and agreed that all other terms and conditions of this bond shall remain. unchanged. APPRO AS TO FORM This Rider is to be Effective this 3rd day of April, 2019. By; Q Signed, Sealed&Dated this 10th day of April, 2019. T U. M CITY arroRNeY CITY OF HW INGTON BEACH SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY INSURANCE COMPANY (Surety' --� BY: Edward C. Spector, Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 { �' ' 11 before me Vanessa Fong, Notary Public, ,personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8) is/afe subscribed to the within instrument and acknowledged to me that he/ /tom executed the same in his/4wr/theiF authorized capacity(ie-S), and that by his/ €/th4aif 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 V State of California that the foregoing paragraph is true and correct. A.NESSA FONG COMM.#2213982 LOS ANGELES COUNTY WITNESS my hand and official seal. _ry NOTARY PUBLIC-C,4LIFORNIAz MY COMMISSION EXPIRES SEPTEMIE ER 14, 2021 Signature ignature of Notary Pub` No.BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S Branigan, Ashraf Elmasry, Edward C. .F Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that Z no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o v without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: o RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further .RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any r power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this J3day of ,2013. Attest: Berkley Insurance Company o H(Seal) By By o Ira S. Lederman jnrti yHafter Senior Vice President& Secretary e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. P STATE OF CONNECTICUT) ° ) ss: o COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of/� 2013, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. Q EILEEN KILLEEN C� ti N07:1F1'PUl1UC.S7;,TE OF C0NA'FCI7CUT Notary Public, State of Connecticut MI'C01u11JIISSI0N EXPIRES JUKE 30.20i7 z CERTIFICATE 11, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 'true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein; who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of thisAate. F' 7 fr f L�` lt Given under my hand and seal of the Company,this day of , (Seal) Andrew M. Tuifia Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiryAberkle. s�ty.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaimAberkle_ s�urety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195161 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Pa ner B : N Gina Gordon Title: Authorized By: Name: John Thomas Title: Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------- 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. WITNESS my hand and official seal. 5��.° r�< BONNIEMACEWAN-CAMPBELL Notary Public-California . Orange County > Commission k 2239892 My Comm.Expires May 24,2022 Signature C � 'Cx�=-�.:- (Seal) RIDER To be attached to and form part of: Bond Number 0195162 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $418,152.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore, it is agreed that in consideration of the premium charged,the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Four Hundred Eighteen Thousand One Hundred Fifty Two and no/100---($418,152.00) TO: Thirty Eight Thousand Three Hundred Eighty Two and no/100---($38,382.00) Payment bond FROM: Two Hundred Nine Thousand Seventy Six and no/100---($209,076.00) TO: Nineteen Thousand One Hundred Ninety One and no/100---($19,191.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPROVED AS TO FORM This Rider is to be Effective this 3rd day of April, 2019. �..eit PICIREL!.GATES Signed, Sealed&Dated this I0th day of April, 2019. CITY ATTORNEY CITY OF Hun INGTON BEACH SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEEY INSURANCE COMPANY (Surety q�,-- By: `z,� . Edward C. Spector, Attorney-in-Fact Acknowledged by: City of Huntington Beach By: - Date: [CAdL'IFORNIAALL-PURP. OSE 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 .' C., (,C I., before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/s4e/4ioy executed the same in his/ /t authorized capacity(ies), and that by his/1 / 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 vA.NEssA FON State of California that the foregoing paragraph is true and correct. COMM #2213982 LOS ANGELES COUNTY WITNESS m NOTARY PUBLIC-CALIFORNIAZ y hand and official Seal. MY COMMISSION EXPIRES SEPTEMBER 14,2021 Signature Signature of Notary Pu c No. BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. 171 Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los CZ Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. y This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: o C RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant LSecretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein ° to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such o attorney-in-fact and revoke any power of attorney previously granted;and further E RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and o further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or Y other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any ° person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this /3day of 15 12013. U Attest: Berkley Insurance Company o F-(Seal) By By o Ira S. ederman IS y Hafter U 0 Senior Vice President& Secretary nior ,i a President o WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. 7 - STATE OF CONNECTICUT) N ) ss: COUNTY OF FAIRFIELD ) r Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2013, by Ira S. Lederman and 'Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. I o EILEEN KILLEEN NOTAnI TUcuc..STATEOFCOA',NECTICUT Notary Public, State of Connecticut Z NiY COfv MISSION EXPIRES JUPdE 3Q.2017 -� CERTIFICATE ,1,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth herein, who executed the bond,qr.undertaking to which this Power of r c,, Attorney is attached,is in full force and effect as of this date: Given under my hand and seal of the Company,this _day of (Seal) Andrew M. uyra Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiryAberkle. s�ty.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClairngberkle_ s�. .com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. Bond Number: 0195162 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: Genehe: N Gin Gordon Title: uthorized Agent By: Name: Title: John Thomas Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas -------------------------- 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. WITNESS my hand and official seal. BONN`MACEWAN-CAMPBELL Notary Public•California z - Orange County > << D Commission k 2239892 My Comm.Expires May 24, 20Z2 SignatureSeal) RIDER To be attached to and form part of: Bond Number 0195163 dated 9/3/2015 issued by the BERKLEY INSURANCE COMPANY in the amount of $2,595,077.00 on behalf of SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (Principal) and in favor of CITY OF HUNTINGTON BEACH (Obligee) Now therefore,it is agreed that in consideration of the premium charged,the attached bond shall be amended as follows: The Performance and Payment bonds shall be amended: Performance bond FROM: Two Million Five Hundred Ninety Five Thousand Seventy Seven and no/100---($2,595,077.00) TO: Thirty Five Thousand Nine Hundred Sixteen and no/100---($35,916.00) Payment bond FROM: One Million Two Hundred Ninety Seven Thousand Five Hundred Thirty Eight and 501100---($1,297,538.50) TO: Seventeen Thousand Nine Hundred Fifty Eight and no/100---($17,958.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. APPR VED AS TO FARM This Rider is to be Effective this 3rd day of April, 2019. By, cHAEL E.�GA Signed, Sealed&Dated this 1 Oth day of April,2019. CITY ATTORNEY CITY ON P#UKi-NGTON WEACH SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) *see attached client signature block By: BERKLEY�I'N�SURANCE COMPANY (Surety) ��JC By: Edward C. Spector,Attorney-in-Fact Acknowledged by: City of Huntington Beach By: Date: CALIFORNIA ALL-PURPOSE 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 before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar--subscribed to the within instrument and acknowledged to me that he/--,ho/may executed the same in his/h,"Ahe4 authorized capacity(i&s), and that by his/ /th,.&4 signature(i3) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the VANESSA FONG State of California that the foregoing paragraph is true and correct. � COMM.#2213982 Z 1 >7 LOS ANGELES COUNTY WITNESS my hand and official seal. =v''` NOTARY PUBLIC-CALIFORNIAZ y COMMISSION EXPIRES O SEPTEMBER 14,2021 Signature / t Signature of Notary Pu is No. BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. _ KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan, Ashraf Elmasry, Edward C. Spector, Simone Gerhard, Daravy Mady, Tracy C. Aston or James A. Ross of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that. no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: T� RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o ? Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein c to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any z power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ' other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as c though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any L -2. person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o -corporate seal hereunto affixed this /3day of JC5 ,2013. Attest: Berkley Insurance Company o (Seal) By By o Ira S. Lederman In y Hafter Senior Vice President& Secretary r i e President .y WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BER CLEY" SECURITY PAPER. STATE OF CONNECTICUT) � ss: N COUNTY OF FAIRFIELD ) y_Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2013, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice President,respectively, of Berkley Insurance Company. E EELEE!� KiLLEEN � c1—•�_ v J nn.:�rl PUBIC s"1;,+`EOFC(1 +FCT1cuT Notary Public, State of Connecticut IVY COivl(JIISSION EXPIRES JUNE 30.2017 CERTIFICATE °;I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 'true, correct and complete copy of the original Power bf Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this,date. Given under my hand and seal of the Company,this day of (Seal) Andrew M. 4a Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiryAberkleysure . .com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaimgberkle_ s�. .com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. 4 Bond Number: 0195163 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General P er B Na e: Gina Gordon Title: orized Agent By: Name: John Thomas Title: Authorized Agent 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 Orange On April 11, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Gina Gordon and John Thomas --------------------------a 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. WITNESS my hand and official seal. o BONNIE MACEWAN-CAMPBELL 44E tht Notary Public-California i = Orange County ; Commission#2239892 My Comm.Expires May 24,2022 Signature (Seal) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 18, 2019 Shea Homes Limited Partnership A California Limited Partnership Attn: John Thomas, Community Development Manager 2 Ada, Suite 200 Irvine, CA 92618 Re: Approved Bond Reductions for Shea Homes' Parkside Estates Development Project Please be advised that on Monday, June 17, 2019 the City Council of the City of Huntington Beach took the following action: A) Authorized the Mayor to acknowledge and accept the Coverage Riders for the Faithful Performance and Labor and Material Bond Nos. 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, and 0195163, and instructed the City Clerk to file the riders with the City Treasurer; and, B) Instructed the City Treasurer to notify the surety, Berkeley Insurance Company, of this action. Sincerely, Robin Estanislau City Clerk Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand g1followup/tract/bond reduction-letter.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) �, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk p� DATE: 412-011 / SUBJECT: R-Ba k—cceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) p/�JSI5-1 Performance Bond No.1�t Payment Bond (Labor and Materials) Bond No. 4I�S1(PDi DIGIS ILa/ ;U�aj� 1S(02� b�� S/(O� Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No.." ,�. Other -I �tiF� -1`GtJit - Re: Tract No. I"�J�� Approved `2. -7 J.2o 1 (Co cil App val Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. 20- too Other No. SIRE System ID No. C2 / 02, g:/forms/bond transmittal to treasurer RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to A/v-�,e- City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: n Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (includes CC's and MSC's) �Performance Bond No, N'75715,-? ). Payment Bond (Labor and Materials) Bond No. 1G1-')i DI c; 1&, 6 C-1 q-I b) Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other r4Yn, AM--r,4 1jahly ni, Re: Tract No. Approved (Couhcil Apprbval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRESystemIDNo. f gAorms/bond transmittal to treasurer Dept ID PW 15-055 Page 1 of 4 Meeting Date 12/7/2015 (�G ,V - A)o J CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/7/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve Final Tract Map Nos. 15377 and 15419, Improvement Securities and Agreements for the Parkside Estates Subdivision by Shea Homes, located west of Graham Street and south of Warner Avenue Statement of Issue Transmitted for your consideration are Final Tract Map Nos 15377 and 15419 for the Parkside Estates Subdivision by Shea Homes Limited Partnership, a California Liability Partnership. Located west of Graham Street, south of Warner Avenue and bounded on the south by the East Garden Grove Wintersburg Channel, these subdivision maps create 111 single family residential lots and 22 lettered lots. Financial Impact Not Applicable Recommended Action A) Approve Final Tract Map Nos. 15377 and 15419, accept the offers of dedication, improvements, and bonds pursuant to findings and requirements (Attachment Nos 1, 9); and, B) Approve the Subdivision Agreement between the City and Shea Homes and authorize execution by the Mayor and City Clerk (Attachment No 2), and, C) Approve the Special Easement Agreement for Drainage Facilities between the City and Shea Homes and authorize execution by the Mayor and City Clerk (Attachment No 3), and, D) Approve the Special Easement Agreement for Enhanced Paving between the City and Shea Homes and authorize execution by the Mayor and City Clerk. (Attachment No. 4), and, E) Approve the Funding Agreement between the City and Shea Homes and authorize execution by the Mayor and City Clerk (Attachment No 5), and, F) Approve Lease No PRC between the City, Shea Homes and the California State Lands Commission and authorize execution by the Mayor and City Clerk. (Attachment No 6). Alternative Action(s) The City Council may make the following alternative motion 1 Deny the recommended action(s) This action may violate the Subdivision Map Act and/or the project's Conditions of Approval HB -59- Item 3. - 1 Dept ID PW 15-055 Page 2 of 4 Meeting Date 1 W1201 5 2 Continue the recommended action(s) and direct staff accordingly Analysis A PROJECT PROPOSAL Subdivider. Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA, CA 92618 Engineer Hunsaker and Associates 3 Hughes Irvine, CA 92618 Location 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel) General Plan. RL-7 (Residential Low Density- 7 dwelling units/acre) and OS-C (Open Space-Conservation) Zone RL (Residential Low Density) and CC (Coastal Conservation) TRACT NO 15419 TRACT NO. 15377 No of Acres 4 85 acres 44.98 acres No of Numbered Lots n/a 111 No of Lettered Lots 1 21 No of Units n/a 111 detached single family residential lots B BACKGROUND 1 Subdivision Final Map, Subdivision Agreement and Bonds On Monday, June 1, 2009, the City Council of the City of Huntington Beach took action and approved revised Tentative Tract Map Nos 15377(R) and 15419(R) and Entitlement Plan Amendment No 08-08 (Amendments to Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18) with Findings and Conditions of Approval (Attachment No. 6) As a result of modifications required by the California Coastal Commission (CCC), the revised maps reduced the number of single family residential lots from 170 lots to 111 lots and increased the number of lettered lots for open space and conservation purposes The open space-conservation areas consist of restored and preserved wetlands and buffer area, protected Eucalyptus groves, a Natural Treatment System Water Quality Basin (NTS), a Vegetated Flood Protection Barrier (VFPF), and a trail system Furthermore, the revised maps included a reduction in the previously required land area to be dedicated to the City from 8 2 acres to 1 57 acres, consisting of 0 57 acre passive area developed with trails and benches for public use and 1 0 acre active park consisting of open fields, dual tot lot, and swing set. When the project was originally approved, the project site straddled the City boundary A majority of the site was located within the City of Huntington Beach's jurisdiction (Tentative Tract Map No. 15377) and the remainder of the site was located within the County of Orange's jurisdiction Item 3. - 2 xs -60- Dept ID PW 15-055 Page 3 of 4 Meeting Date 12/7/2015 (Tentative Tract Map No 15419) Subsequently, the City annexed the portion of the site located within the County of Orange The two tentative maps were not combined to maintain consistency with the original approval At the June 1, 2009 City Council meeting, a motion made by Hansen, seconded by Coerper, to approve revised Tentative Tract Map Nos 15377(R) and 15419(R) and associated entitlements with findings and suggested conditions of approval, carried by the following vote AYES Carchio, Dwyer, Bohr, Coerper, and Hansen NOES Hardy ABSENT Green The subdivider will satisfy park and recreation requirements by dedicating and making physical improvements of a 1 57 acre park Approximately 0 57 acres will be designated as a passive park and located within the OS-C land use designation Approximately 1 0 acre will be active recreational area and located within the RL land use designation Construction of the park improvements exceeds the project's Quimby Act requirements In addition, the developer has previously satisfied the project's affordable housing requirements of 12 affordable units (10% of the total 111 units) for families of low-income level In cooperation with Bridges Corporation, Shea covenanted 14 units for low-income households at a multi-family development located at 16122 Sher Lane The final map has been examined and certified by the City Engineer and the Departments of Public Works and Community Development as being in conformance with the Conditions of Approval for' the revised tentative maps as filed with, amended and approved by the City Council on June 1, 2009 2 Agreements with Shea Homes a Special Easement Agreement for Drainage Facilities The City currently holds a fifteen foot wide easement (for storm drain purposes) across the Parkside Estates property As a part of their development, Shea homes is proposing to install minor permanent improvements (landscape, irrigation, concrete drainage gutter, etc ) within this existing storm drain easement The purpose of the Agreement is to allow Shea to construct the proposed improvements within the easement, and to allow the developer and its successors (I e future HOA) access to maintain these surface improvements at their own risk The Agreement would also indemnify the City if City forces inadvertently damage the HOA's surface improvements while operating/maintaining the City's storm drain within the easement b Special Easement Agreement for Enhanced Paving As a part of their development, Shea Homes is proposing to construct permanent decorative paving improvements at their entrance, including enhanced paving, raised entry median, and landscape and irrigation, within a portion of Rivergate Drive, which will be a public street The purpose of this Agreement is to allow for the construction of the proposed improvements in future city right- of-way, to require and allow future Homeowner's Associations (HOAs) access to maintain said improvements at their own risk, and to indemnify the City should City forces inadvertently damage HOA's surface improvements while maintaining right-of-way and/or underground public utilities. c Funding Agreement. As a requirement of their proposed project, Shea Homes shall construct and dedicate a water quality treatment facility, known as the Natural Treatment System (NTS) Approximately twenty percent (20%) of the runoff being treated by the NTS xB -61- Item 3. - 3 Dept ID PW 15-055 Page 4 of 4 Meeting Date 129/2015 would be generated by the Parkside project; the remaining approximately eighty percent (80%) is regional runoff from offsite. As a regional facility, the City agreed to assume long term maintenance responsibility for the NTS, however Shea or its successors are required to contribute their pro-rata share of these maintenance costs The Funding Agreement will establish this payment structure and process There will be additional maintenance costs for the project's sanitary sewer pipeline, as a result of the developer's request for design approval of a public sewer that is not entirely consistent with the City's standard sewer design criteria. This will likely result in increased maintenance (i e. more frequent cleaning of the sewer pipe) which shall be paid by the HOA The Funding Agreement will also establish the payment structure and process for these additional maintenance costs 3 Agreement with California State Lands Commission (SLC) The State of California is the underlying fee owner of the Wintersburg channel, under and adjacent to which Shea is required to construct certain improvements (e.g storm drain undercrossing, structure, pipelines). The State (through the California State Lands Commission) requires that both the developer and the City(as Lessees) enter in to a Lease Agreement with the SLC for construction (by Shea) and the uses and maintenance (by City) of this new storm drain crossing and its appurtenances Environmental Status This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b) Strategic Plan Goal. Enhance and maintain infrastructure Attachment(s) 1 Findings and Requirements for Acceptance of the Final Map 2 Subdivision Agreement 3 Special Easement Agreement for Drainage Facilities 4 Special Easement Agreement for Enhanced Paving 5 Funding Agreement 6 Calif State Lands Commission Lease No PRC 7 Notice of Action 8 Vicinity Map 9 Final Tract Map No 15377 and 15419 10. Improvement Security Bonds (Faithful Performance, Labor and Materials, and Monument bonds) Item 3. - 4 HB -62- ATTACHMENT # 1 xe -63- hum 3. . , ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Maps No. 15377 and 15419 are in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15377 and 15419 conditions of approval, as approved by the City Council. Requirements: 1 Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No.'s 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, 0195163 (Attachment No. 10). b Labor and Material Bond No No.'s 0195156, 0195157, 0195158, 0195159, 0195160, 0195161, 0195162, 0195163 (Attachment No. 10). c Monument Bond No. 0195155 (Attachment No. 10). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. Item 3. - 6 HB -64- ATTACHMENT #2 IL- =======H xa -65- Item 3. - 7 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRACT NO. 15377(R) and 15419(R) THIS AGREEMENT ("Agreement") is entered into this day of ABC 2015, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tracts No. 15377(R) and 15419(R); and As a condition of the approval of and prior to the recordation of these subdivision maps, 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 15-4580/118513 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 the following work set forth in the City of Huntington Beach Notice of Action dated June 9, 2009 for Revised Tentative Tract Map Nos. 15377(R) and 15419(R)/Entitlement Plan Amendment No. 08-08 (Revisions to Conditional Use Permit No. 96-90 and Coastal Development Permit No 96-18) Parkside Residential Development. The work referenced in said conditions of approval that has not been completed at the time of the recordation of the final subdivision maps may include, but are 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 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 15-4580/118513 2 of the subdivision map require an earlier completion date. Notwithstanding the foregoing, the City Engineer may grant reasonable extensions of time for completion of the work upon SUBDIVIDER's request so long as SUBDIVIDER is diligently proceeding with the work required herein. All labor and material bills therefor shall be paid solely by SUBDIVIDER CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 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 a particular work. 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 containing a landscaping component as complete. 15-4580/118513 3 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 a work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6 NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDEWS 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. 15-4580/118513 4 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 twenty-two million, six hundred seventy-eight thousand, five hundred sixteen dollars ($22,678,516.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. XL-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 eleven million,three hundred thirty-mne,two hundred fifty-eight dollars($11,339,258.00), 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. 15-4580/118513 5 Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time 10. INSPECTION AND ACCEPTANCE Upon completion of a work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. The City Engineer, or the designated representative, shall perform an inspection within 10 business days thereafter and if the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall recommend completion and acceptance of the public improvements to the City Council. 11. 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, 15-4580/118513 6 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. 12. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of 15-4580/118513 7 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'pnor written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance heremabove required. 15-4580/118513 8 13. 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. Prior to taking such action, however, the City Engineer shall notify SUBDIVIDER in writing of the alleged delay, failure or deficiency, and SUBDIVIDER shall be given a reasonable period of time, not less than five (5) days to begin taking corrective action. 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 14. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Maps or Parcel Maps for the Subdivision. 15. 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 15-4580/118513 9 designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach Shea Homes Limited Partnership ATTN Director of Public Works ATTN: John Vander Velde 2000 Main Street 2 Ada, Suite 200 Huntington Beach, CA 92648 Irvine, CA 92618 16. 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. 17 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 15-4580/118513 10 19. 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. 20. 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 21. IMMIGRATION SUBDIVIDER shall not violate the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code 15-4580/118513 11 regarding employment verification in connection with the persons it employs directly to perform work required pursuant to this Agreement. 22. 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. 23. ATTORNEYS FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the nonprevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26. 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 15-4580/118513 12 i 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. 27. 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. 15-4580/118513 13 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, SHEA HOMES LIMITED PARTNERSHIP, a municipal corporation of the State of a California limited partnership California By: J.F. Shea, G.P. A Delaware general partnership Its General Partner or By J.F. Shea Management, L P. A Delaware limited partnership, Cler Its General Partner IN TED AND APPROVED: By: J.F. Shea Construction Management, Inc., A California corporation, Director of Publi Works Its Gene r REVI r APPROVED: By: Ro rt J.,koder Vice Pr side ty ager d Q' By. A rVel e ssistant Secretary APPROVED ty Attorney r4,V -30-I5 15-4580/118513 14 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 ORANGE On September 8, 2015 , before me, Julie Wilson , Notary Public, personally appeared Robert J Yoder and John Vander Velde , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JULIE WILSON WITNESS my hand and official seal t Commission# 1980208 Notary Public-California Z z e ��N, D z Riverside County My Comm Expires Jun 27,2016 Julie Wilton, Notary Public JFSHEAC-01 LHETHERINGTON CERTIFICATE OF LIABILITY INSURA� 12012015 NC DATE 1?(MMIDJMMIDD NY4'I Y f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) ON PRODUCER License#OD28764 NAAMEAcr Orion Risk Management Insurance Services,Inc. PHONE {949)263-$850 FnxC N4 {949)283-8$60 1800 Quail Street,Suite 110 AIC No Ext Newport Beach,CA 92660 ADDRESS INSURER(S)AFFORDING COVERAGE NAIC# INSURER Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B I Shea Homes LP INSURER 11 2 Ada,Ste 200 INSURERD Irvine,CA 92608 INSURERS INSURER F COVERAGES CERTIFICATE NUMBER- REVISION NUMBER_ E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INTR TYPE OF INSURANCE A D S 8 , POLICY EFF POLICY EXP LIMITS INSD WVD� POUCYNUMBER MMIDOMYYY (MM/DDtYYW A I X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE is 3,000,000 CLAIMS-MADE X OCCUR X 'TB2661066115025 08101/2015108/0112016' PREMISES(Ea occurrencel s 1,000,00 MED EXP(Any one person) s PERSONAL&ACV INJURY ) $ 3,000,00 GElN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE I s 6,000,00 POLICY i E C LOC I -RCDUC S-COMP/OP AGG i 5 6t000 00 OTnER is AUTOMOBILE LIABILITY t COMBINED SINGLE-IMIT is 2,000,000 (Ea a=dent) A X ANY ALTO X AS2661066115015 08101/2015 0810112016 BODILY INJURY(Per person) s ALL OWNED SCHEDULED BODILY IN.,URY(Per accdent)i s I I AUTOS X VON S OV TO PROPERTY DAMAGE s X HIREDAUTOS —µ AUTCS Peracxdent UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ —= (r/4 S EXCESS t lAB CLAIMS-MACE } AGGREGATE I s DED RETENTIONS ! $ WORKERS COMPENSATION ' �. STATUTE O_ER AND EMPLOYERS`LIABILITY Y I N A ANY PROPRIETORIPARTNEIVEXECUTIVE r—) NIA WA266DO66115035 08/0112015 0811112016 EL EACH ACCIDENT s 1,000,00 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,00 DESCRIPTIONN O OF describe E L DISEASE-POLICY LIMIT s 1,000,000 DESCRIPTION OPERATIONS below O 3 I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re Parkside Estates-Tracts 15377&15419 The City of Huntington Beach,irs officers,elected or appointed officials,employees,agents and volunteers are included as additional insureds CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. Attn.Justin Wessels 2000 Main Srtreet Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION. All rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:T132-661-M115-025 COWERCIAL GENERAL LIABILITY CG 20 10 0413' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for 'bodily injury% "property maintenance or repays) to be performed by or damage' or 'personal and advertising injury' on behalf of the additional nsured(s) at the caused,in whole or in part,by: location of the covered operations has been 1. Your ads or omissions;or completed; or 2. The acts or omissions of those acting on your 2. That portion of 'your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s)for other than another contractor or subcontractor designated above engaged in performing operations for a principal as a part of the same project However. C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law,and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement;or by the contract or agreement to provide for such 2. Available under the applicable Limits of additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to 'bodily injury' or applicable Limits of Insurance shown in the 'property damage' occurring after. Declarations. SCHEDULE Name Of Additional Insured Person(s) Locations)Of Covered Operations Or Organization(s): Operations in connection with Parkside Estates City of Huntington Beach, its officers, Tracts 15377 & 15419 elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, I not shown above, will be shown in the Declarations. CG 2010 0413 0 insurance Services Office, Inc.2012 Page 1 of 1 POLICY NUMBER TB2661-066115-025 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach,its officers,elected Operations in connection with Re Parkside Estates - or appointed officials,employees,agents and volunteers Tracts 15377 & 15419 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section li —Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage"caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" However 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and CG 20 37 0413 ©Insurance Services Office, Inc , 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTm B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 ©ISO Properties, Inc , 2004 CG 20 37 07 04 0 POLICY NUMBER: TB2661-066115-025 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary, primary and would not seek contribution from any other insurance available to the additional Primary and Noncontributory Insurance insured This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured Is a Named Insured under such other insurance, and The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 2000 Main Street Huntington Beach,CA 92648 Project: Operations in connection with Re: Parkside Estates-Tracts 15377 &15419 CG 20 0104 13 ©Insurance Services Office, Inc,2012 Page 1 of 1 POLICY NUMBER AS2-661-0661 1 5-01 5 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s)who are insureds for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form SCHEDULE Name Of Person(s)Or Organrzation(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section i — Covered Autos Coverages of the Auto Dealers Coverage Form CA 20 48 10 13 0 Insurance Services Office, Inc, 2011 Page 1 of 1 Policy Number TB2-661-066115-025 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Organ ization s : City of Huntington Beach„its 2000 Main Street 30 officers, elected or appointed Huntington Beach, CA 92648 officials, employees, agents and volunteers A If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective In no event does the notice to the third party exceed the notice to the first named insured B This advance notification of a pending cancellation of coverage is intended as a courtesy only Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy All other terms and conditions of this policy remain unchanged LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies All rights reserved Page 1 of 2 Includes copyrighted material of Insurance Services Office, inc,with its permission ATTACHMENT #3 IL- xe .ei. Item 3. - 23 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder III I I II II III $111$ IIII I 111 1 I H 11� NO FEE * $ R 0 0 0 8 0 1 6 9 5 2 $ RECORDING REQUESTED BY 201544462594210:10 am 12114115 AND 'WHEN RECORDED MAIL TO: 217 402 E02 12 0.00 0 00 0.00 0.00 33.00 0 00 0.00 0.00 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 SPECIAL EASEMENT AGREEMENT (DRAINAGE FACILITIES) THIS EASEMENT AGREEMENT ("Agreement") is entered into as of L D , 2015. by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ('*Owner'), and the CITY OF HUNTINGTON BEACH, a California municipal corporation with reference to the following facts- RECITALS A Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A" attached hereto and incorporated by reference herein ("Property"). The Property is or will be a part of a residential community and Owner intends to improve the Property with landscaping, sidewalks, trails, and other improvements related to a residential development project B. The Property is currently encumbered by a public easement and right of way for stormwater drainage purposes ("City Easement Area"), as described in that certain easement for storm drain,pipeline and incidental purposes, recorded on November 5, 1982 in the Official Records of the County of Orange as Instrument No 82-390016. The City Easement Area is within the location depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The City Easement Area and the City improvements located therein benefit the City property more particularly described on Exhibit "A" ("City Property"), and private properties tributary to the drainage facilities in the easement area. C Owner desires, and City desires to grant to Owner permission, to install and maintain certain drainage facilities and related appurtenances within the City Easement Area, subject to the terms and conditions of this Agreement NOW. THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows 1. Permission to Encroach City hereby grants Owner permission to encroach onto and under the City Easement Area by installing, constructing, maintaining, repairing, and replacing drainage facilities and related appurtenances, including but not limited to a concrete V-ditch and 154892/125698 -1- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 SPECIAL EASEMENT AGREEMENT (DRAINAGE FACILITIES) THIS EASEMENT AGREEMENT("Agreement") is entered into as of 07, 2015, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Owner"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"),with reference to the following facts RECITALS A. Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A" attached hereto and incorporated by reference herein ("Property"). The Property is or will be a part of a residential community and Owner intends to improve the Property with landscaping, sidewalks,trails, and other improvements related to a residential development project B. The Property is currently encumbered by a public easement and right of way for stormwater drainage purposes ("City Easement Area"), as described in that certain easement for storm drain,pipeline and incidental purposes,recorded on November 5, 1982 in the Official Records of the County of Orange as Instrument No 82-390016. The City Easement Area is within the location depicted on Exhibit "B" attached hereto and incorporated herein by this reference The City Easement Area and the City improvements located therein benefit the City property more particularly described on Exhibit "A" ("City Property"), and private properties tributary to the drainage facilities in the easement area. C. Owner desires, and City desires to grant to Owner permission, to install and maintain certain drainage facilities and related appurtenances within the City Easement Area, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows• 1. Permission to Encroach. City hereby grants Owner permission to encroach onto and under the City Easement Area by installing, constructing, maintaining, repairing, and replacing drainage facilities and related appurtenances, including but not limited to a concrete V-ditch and 15-4892/125698 -1- drain inlets, and landscaping in accordance with plans approved by City, as depicted in Exhibit "C" attached hereto and incorporated by reference herein(collectively, the"Improvements") 2. Installation and Maintenance of Improvements. Owner shall, at its sole cost, risk and expense, install and maintain the Improvements in a safe and sanitary condition and in accordance with all federal, state, and local laws including but not limited to zoning ordinances and building codes. Owner shall be responsible for any damages or impacts to the functioning use to City's existing or future stormwater drainage facilities located within the City Easement Area and related appurtenances (collectively, "Stormwater Facilities") resulting from Owner's performance of work and continued use and maintenance related to the Improvements, and shall promptly repair, replace, or restore said Stormwater Facilities to a condition equal to or better than that existing prior to such damage. 3. Maintenance and Repair of Stormwater Facilities. City shall remain solely responsible for the installation, maintenance, repair, and replacement of the Stormwater Facilities, subject to the provisions of Section 2 above. City shall avoid, to the extent reasonably practicable, any damage to or interference with the Improvements in performing work related to the Stormwater Facilities. City shall not be responsible for the repair or replacement of any Owner Improvements during the performance of maintenance, repair and/or replacement of stormwater facilities, unless such repair or replacement is necessitated by the gross negligence or willful misconduct of the City in which event, such repair and replacement shall be performed by the City at its sole cost and expense. 4. Indemnity. The Owner and the City (in this Section, each an "Indemnifying Party") each, one to the other, covenant and agree, at its sole cost and expense, to indemnify and hold harmless the other Party (hereinafter in this section, the "Indemnitee") from and against any and all claims against the Indemnitee for losses, liabilities, damages,judgments, costs and expenses and any actions or proceedings arising therefrom, by or on behalf of any person, firm, corporation or governmental authority arising solely from the exercise of the rights or performance of the obligations hereunder except to the extent any loss, damage or claim is caused by the negligence or willful misconduct of the Indemnitee. 5. Covenant Runs with the Land. This Agreement shall run with the land, shall benefit and burden the Property and the City Property, and shall be binding on and inure to the benefit of all successors and assigns of the parties hereto. It is currently anticipated that the Property shall be conveyed to a homeowners association ("Association"). City acknowledges that upon such conveyance, all of Owner's rights and obligations under this Agreement shall automatically transfer to the Association as the owner of the Property, and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership shall have no further rights or obligations hereunder. 6 Miscellaneous. a. Enforcement. Violation or breach of any covenant, agreement or provision contained herein shall give to the party in whose favor such covenant, agreement or provision was made, the right to prosecute a proceeding at law or in equity against the person or persons who violated or are attempting to violate any such covenant, agreement or provision, to enjoin or prevent them from doing so, to cause such violation to be remedied and/or to recover damages for such violation 15-4892/125698 -2- b. Binding on Successors. This Agreement and all of the covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the executors, administrators,heirs, assigns and successors of each of the Parties. C. Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,the remainder of this Agreement shall not be affected thereby, and each term, provision and covenant shall be valid and enforceable to the fullest extent permitted by law. d. Attorneys' Fees. In the event legal proceedings are commenced regarding the enforcement of this Agreement, the prevailing party in any such action shall NOT recover, in addition to any relief granted therein, any attorneys' fees from the other parry or parties, which fees shall be included in any judgment rendered in such proceedings. e. No Waiver. The waiver or failure to enforce any breach or violation of any covenant herein contained shall not be deemed to be a waiver or abandonment of such covenant, or any waiver of the right to enforce any subsequent breach or violation of such covenant. L Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be given personally or deemed delivered four (4) days after the notice is mailed to the party, with first class postage prepaid, by certified mail, return receipt requested or upon the next business day after deposit with a nationally recognized overnight courier. Unless a different address is provided in accordance with this Section, all such notices to the Association shall be to its address then on file with the California Secretary of State. Written notice of any change of address shall be given in accordance with this Section. g. Governing Law. This Agreement is being executed and delivered, is intended to be performed, in the State of California, and to the extent permitted by law,the execution,validity, construction and performance of this Agreement shall be construed and enforced in accordance with the laws of the State of California. This Agreement shall be deemed made and entered into in Orange County. h. Compliance with Laws. The Parties and their respective successors and assigns covenant and agree to comply with all laws and regulations relating to the maintenance and use of the easements or the exercise of any rights granted herein. i Entire Understanding. This Agreement constitutes the entire understanding between the parties hereto and there are no other agreements or understandings (whether written or oral)related to the subject matter of this Agreement that are not fully expressed herein. j. Subject to Matters of Record. This Agreement is made subject to all easements,restrictions, conditions, covenants, encumbrances and claims of title which may affect the Property. k. Civil Code Section 1468. The provisions of this Agreement shall run with the Property and the City Owner Property, and shall both benefit and bind the owners and each successive owner of the Property and the City Owned Property during their respective periods of ownership. This Agreement is made with the intent of satisfying the requirements of California Civil Code Section 1468. 15-4892/125698 -3- 1. Counterparts. This Agreement may be executed in counterparts, each of which shall together constitute a single document. [Signatures begin on following page] 15-4892/125698 -4- 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, SHEA HOMES LIMITED PARTNERSHIP, a municipal corporation of the State of a California limited partnership California By: J.F Shea, G.P. r A Delaware general partnership Its General Partner M or By J F. Shea Management, L.P. A Delaware limited partnership, C' Clerk L" T Its General Partner INI TED AND APPRO ED: By: J.F. Shea Construction Management, Inc , A California corporation, Director of Pub i orks ItJ. der REVIE APPROVED: "', B C M ger B Wa and r Velde t Secretary APPROVED AS ORM: C' Attorney �Kv_cj_S_15 15-4892/125698 -5- 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 ORANGE On September 8, 2015 , before me, Julie Wilson , Notary Public, personally appeared Robert J Yoder and John Vander Velde , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JULIE WILSON WITNESS my hand and official seal Commission# 1980908 a"=s d Notary Public-California z zr`� Riverside County 0 My Comm Expires Jun 27,2016 Julie Wils& Notary Public 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 7, 2015, before me, P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Jill Hardy who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P L ESPARZA WITNESS my hand and official seal. Commission#t 2032750 Notary PublIC-CaMOrnie Orange County Comm Expres Au 4 2017 (Seal) (Notary Si a e) EXHIBIT A Legal Description and Graphic ]Depiction of ]Property LEGAL DESCRIPTION Real property in the City of Huntington Beath,County of Orange, State of California,described as follows PARCELI THOSE PORTIONS OF THOSE CERTAIN PARCELS OF LAND HEREINAFTER DESIGNATED AS PARCEL A,PARCEL B AND PARCEL C PARTLY IN THE CITY OF HUNTINGTON BEACH,ALL WITHIN THE COUNTY OF ORANGE,STATE OF CALIFORNIA CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS PARCEL 6, PARCEL 7, PARCEL 8 AND PARCEL 9,BY CORPORATION QUITCLAIM DEED RECORDED FEBRUARY 22, 1974IN BOOK 11080,PAGE 287 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS. PARCEL A: PARCEL 8 AND 9 OF SAID CORPORATION QUITCLAIM DEED. PARCEL B THAT PORTION OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE- COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630 40'21"W 150 20 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE;THENCE LEAVING SAID SOUTHEASTERLY LINE N 260 19'39"W 103.00 FEET, THENCE N 180 4Y 21"E 19 47 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 47.00 FEET,A RADIAL LINE TO SAID BEGINNING BEARS S 180 40'21"W;THENCE NORTHERLY ALONG SAID CURVE 93 35 FEET;THENCE LEAVING SAID CURVE ON A NON TANGENT LINE N 260 19'39"W 103.18 FEET,THENCE N 300 28'49" E 7183 FEET TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. PARCEL C. THAT PORITON OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL,OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630 40'21"W 686.50 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE;THENCE LEAVING SAID SOUTHEASTERLY LINE N 260 19'39"W 95 04 FEET, THENCE N 18°07'02"E 231.15 FEET;THENCE N 29° 37' 43" E 37 58 FEET;THENCE N 57°36' 46"E 150.89 FEET;THENCE N 44"49'05" E 172,30 FEET;THENCE N 320 52'32" E 46 36 FEET TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE EXCEPTING THEREFROM PARCEL B AS DESCRIBED ABOVE. ALSO EXCEPTING FROM PARCELS A, B AND C AS DESCRIBED ABOVE,ALL OIL,GAS HYDROCARBONS AND MINERALS OF EVERY KIND AND CHARACTER IN OR UNDER SAID LAND AND SUCH WHICH MAY BE PRODUCED FROM SAID LANDS TOGETHER WITH THE RIGHT TO DRILL INTO AND EXTRACT THE SAME FROM ALL SAID LANDS BUT WITH NO RIGHT TO USE OF ANY PORTION OF SAID LANDS ABOVE A PLANE FIVE HUNDRED(500) FEET BELOW THE SURFACE OF SAID LANDS FOR THE PRODUCTION OF SAID OIL, GAS,HYDROCARBONS AND MINERALS AS CONTAINED IN THE DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080, PAGE 287 OF OFFICIAL RECORDS. NOTE:ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET ARISING FROM THE PURCHASE AGREEMENTAND ESCROW INSTRUCTIONS DATED FEBRUARY 15, 1974,WERE QUITCLAIMED BY DOCUMENT RECORDEDSEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479180 OF OFFICIAL RECORDS PARCEL 2. A EASEMENT FOR DRAINAGE PER THE TERMS OF THAT CERTAIN DRAINAGE EASEMENT AGREEMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO 19%0479185 OF OFFICIAL RECORDS,ORANGE COUNTY CALIFORNIA. APN. 110-016-19 and 110-016-20 and 110-016-23 EXHIBIT 'N SHEET 1 OF 1 1T;THE CrTY OF HIJNTiNOTON BEACH, COW"OF ORANGE,STATE OF CALIFORWA INDEX MAP Z W uj LEGEND weJEcr PROPERTY a+A11r DEED PER \ INSTRUMENT MAJBER 19960479192 RECORDED SEPTEMSER 19 1996 OX U \ Q OUITCLA91 DEED DOCK HOBO PAGE 267 \ RECORDED FEBRLIARY 22,1974,OA N l2:_RTERLINE c \ at 1-- N J INCH _ 200 f7_ PARGFI A �c o \ p �� \ p m 4 v CPO t v� INST. NO. 19960479182 O_R \ a �O r w7m PARCEL 9 \ j � \ i \ Teo):2 P CALVE 0� �s o SURVEYaRB STATEMENT' M15 UAP 7Y EPARE-) E i U R My ORECOON ?� t >> ,p R - LEST R 5 TARS DATE �^\' G ?PSI Ln BOISA CHKA STREET S r 7RA: T t 1 lb734 {TRACT--c 7434 r��r I0$ PATOS 0.4 797,40--z l 1a a D9r:3-41 AVENUE i tMD SMEA+ At9*'w rxr_a C7I46T Ad.p KENILWORTH DR TRACT BOUNDARY A- RIGHT OF WAY 15' STORM DRAIN EASEMENT �kfiVWNT NO 82-390016 RIVERGATE—DRIVE ­ PUY------- KA -CT- JT_T �# -- --- , ­A0 All "� Vim; � , — "�� � �,.;E RO�� �-TRACT BOUNDARY RIGHT OF WAY P L R/W 6' SCREEN WALL 5' 56' 40 4'-50' & VARIES PER SEPARATE 28 0' 28 0' 9 3'-19 5' 9 5'-17' 6' 10' PERMIT '9 5' >. x Uj 01 1! & VARIES & VARIES 10 is 180, 10, 2' z < :2 Uj 0 ZOla uj -0 015 z ' -CROWN LINE m Uj z D ly -0 015"r 0 RETAINING WALL EXIST 30-35 RET 5 :fc-1 2X =T- K?, WALL PER SEPARATE FLECEL LINE PERMIT 2 2 V-1)ITT C H -=r ROUGH GRADE LINE 0 DUST 60"11— PIPE SECTIONA—A_ 15' EASEMENT AREA 250 125 0 250 500 1 GRAPHIC SCALE 1 =250' OWNSUDEvamm %eaH®me5 EXHIBIT B 1250 Corona Pomte CouM Suite 600 CITY EASEMENT AREA Corona, CA 92879 Phone. (951) 739-9700 Fax: (951) 738.1758 ATTACHMENT #4 IL- iin -93- Item 3. - 35 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1I 11 III III 111 I 11111 I I I I 11 1 III NO FEE RECORDING REQUESTED BY * $ R 0 0 0 8 0 1 6 9 s 1 $ AND WHEN RECORDED MAIL TO: 201500062594910:23 am 12110115 143 404 EA2 11 0.00 0.00 0.00 0.00 30.00 0 00 0.00 0.00 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 SPECIAL EASEMENT AGREEMENT (ENHANCED PAVING) THIS EASEMENT AGREEMENT ("Agreement'') is entered into as o 2015, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Owner'), and the CITY OF HUNTINGTON BEACH, a California municipal corporation with reference to the facts set forth below: RECITALS A Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A" attached hereto and incorporated by reference herein ("Property") The Property is or will be a part of a residential community serviced by a public street system. Owner desires to install within the public street right of way servicing the Property and the overall residential community, certain enhanced paving in the location more particularly described in Exhibit "B" ("ROW"). The ROW is located within the City owned public street described in Exhibit "B" as City owned property ("City OA ned Property"). B. Owner desires and City desires to grant to Owner permission to improve the ROW with enhanced paving, a landscape median and other related improvements, subject to the terms and conditions of this Agreement NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 Permission to Encroach City hereby grants Owner permission to encroach onto the ROW by installing, maintaining, repairing, and replacing enhanced paving, landscaping, irrigation systems, drainage and other related improvements (collectively, the "Improvements") in accordance with all permits and plans approved by City. 2. Installation and Maintenance of Improvements. Owner shall, at its sole cost and expense, install and maintain, repair or replace the Improvements in a safe and sanitary condition and in accordance with all federal, state, and local laws including but not limited to zoning ordinances and building codes. Owner shall be responsible for any damages to City's improvements located 15-4892/125697 Exhibit'A-to Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 SPECIAL EASEMENT AGREEMENT (ENHANCED PAVING) THIS EASEMENT AGREEMENT ("Agreement") is entered into as ok)� 07, 2015, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Owner"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"),with reference to the facts set forth below: RECITALS A. Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A" attached hereto and incorporated by reference herein ("Property"). The Property is or will be a part of a residential community serviced by a public street system. Owner desires to install within the public street right of way servicing the Property and the overall residential community, certain enhanced paving in the location more particularly described in Exhibit "B" ("ROW"). The ROW is located within the City owned public street described in Exhibit "B" as City owned property("City Owned Property"). B Owner desires and City desires to grant to Owner permission to improve the ROW with enhanced paving, a landscape median and other related improvements, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Permission to Encroach. City hereby grants Owner permission to encroach onto the ROW by installing, maintaining, repairing, and replacing enhanced paving, landscaping, Irrigation systems, drainage and other related improvements (collectively, the "Improvements") in accordance with all permits and plans approved by City. 2. Installation and Maintenance of Improvements. Owner shall, at its sole cost and expense, install and maintain,repair or replace the Improvements in a safe and sanitary condition and in accordance with all federal, state, and local laws including but not limited to zoning ordinances and building codes. Owner shall be responsible for any damages to City's improvements located 154892/125697 -1- Exhibit"A"to Agreement within the portion of the ROW or City-Owned Property in which the Improvements are located resulting from Owner's installation, maintenance, repair, or replacement of the Improvements, and shall promptly repair, replace, or restore said ROW or City-Owned Property to a condition equal to or better than that existing prior to such damage at City's sole discretion. 3. Maintenance and Repair of City Facilities. City shall remain solely responsible for the installation, maintenance, repair, and replacement of the City facilities (including without limitation utility facilities, pipes and conduits) within the ROW or City-Owned Property ("City Facilities"). City shall avoid, to the extent reasonably practicable, any damage to or interference with the Improvements in performing work related to the City Facilities. City shall not be responsible for the repair or replacement of any of the Improvements related to City's use, maintenance and/or repair of City Facilities which shall be the responsibility of the Owner unless such repair or replacement is necessitated by the gross negligence or willful misconduct of the City in which even such repair or replacement shall be performed by the City at its sole cost and expense.. 4 Indemnity. The Owner and the City(in this Section, each an "Indemnifying Party") each, one to the other, covenant and agree, at its sole cost and expense, to indemnify and hold harmless the other Party (hereinafter in this section, the "Indemnitee") from and against any and all claims against the Indemnitee for losses, liabilities, damages,judgments, costs and expenses and any actions or proceedings arising therefrom, by or on behalf of any person, firm, corporation or governmental authority arising solely from the exercise of the rights or performance of the obligations hereunder by the Indemnifying Party, except to the extent any loss, damage or claim is caused by the negligence or willful misconduct of the Indemnitee. 5 Covenant Runs with the Land. This Agreement shall run with the land, shall benefit and burden the Property and the City Owned Property, and shall be binding on and inure to the benefit of all successors and assigns of the parties hereto. It is currently anticipated that the Property shall be conveyed to a homeowners association("Association"). City acknowledges that upon such conveyance, all of Owner's rights and obligations under this Agreement shall automatically transfer to the Association as the owner of the Property, and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership shall have no further rights or obligations hereunder. 6 Miscellaneous. a. Enforcement Violation or breach of any covenant, agreement or provision contained herein shall give to the party in whose favor such covenant, agreement or provision was made, the right to prosecute a proceeding at law or in equity against the person or persons who violated or are attempting to violate any such covenant, agreement or provision, to enjoin or prevent them from doing so, to cause such violation to be remedied and/or to recover damages for such violation. b. Binding on Successors. This Agreement and all of the covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the executors, administrators,heirs, assigns and successors of each of the Parties. C. Severability If any term,provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision and covenant shall be valid and enforceable to the fullest extent permitted by law. 15-4892/125697 -2- Exhibit"A"to Agreement d. Attorneys' Fees In the event legal proceedings are commenced regarding the enforcement of this Agreement,the prevailing party in any such action shall not be entitled to recover reasonable attorneys' fees from the other party or parties. e. No Waiver. The waiver or failure to enforce any breach or violation of any covenant herein contained shall not be deemed to be a waiver or abandonment of such covenant, or any waiver of the right to enforce any subsequent breach or violation of such covenant. f. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be given personally or deemed delivered four(4) days after the notice is mailed to the party, with first class postage prepaid, by certified mail, return receipt requested or upon the next business day after deposit with a nationally recognized overnight courier. Unless a different address is provided in accordance with this Section, all such notices to the Association shall be to its address then on file with the California Secretary of State. Written notice of any change of address shall be given in accordance with this Section. g. Governing Law. This Agreement is being executed and delivered, is intended to be performed, in the State of California, and to the extent permitted by law,the execution,validity, construction and performance of this Agreement shall be construed and enforced in accordance with the laws of the State of California. This Agreement shall be deemed made and entered into in Orange County. h. Compliance with Laws. The Parties and their respective successors and assigns covenant and agree to comply with all laws and regulations relating to the maintenance and use of the easements or the exercise of any rights granted herein. i. Entire Understanding. This Agreement constitutes the entire understanding between the parties hereto and there are no other agreements or understandings (whether written or oral)related to the subject matter of this Agreement that are not fully expressed herein. j. Subject to Matters of Record. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the ROW k. Counterparts. This Agreement may be executed in counterparts, each of which shall together constitute a single document 1. Civil Code Section 1468. The provisions of this Agreement shall run with the Property and the City Owner Property, and shall both benefit and bind the owners and each successive owner of the Property and the City Owned Property during their respective periods of ownership. This Agreement is made with the intent of satisfying the requirements of California Civil Code Section 1468. [Signatures began on following page] 15-4892/125697 -3- Exhibit"A"to Agreement IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first set forth above 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, SHEA HOMES LIMITED PARTNERSHIP, a municipal corporation of the State of a California limited partnership California By J F. Shea, G.P. A Delaware general partnership Ac�X, Its General Partner or By J.F. Shea Management, L.P. A Delaware limited partnership, Cie Its General Partner TED AND APP VED By J.F. Shea Construction Management, Inc., A California corporation, Director of P is Works Its Gen er REV ND APPROVED: By: RoLJO /(o Vi PlAkager B : J Vande lde 7=- 'CiAS Secre APPv/Attorney , q-3_k;; 15-4892/125697 -4- Exhibit"A"to Agreement 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 ORANGE On September 8, 2015 , before me, Julie Wilson , Notary Public, personally appeared Robert J Yoder and John Vander Velde , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct _ JULIE WILSON WITNESS my hand and official seal Commission# 1980208 Z Notary Public -California z z County Riverside o D R s C ` My Comm Expires Jun 27,2016 aAk Julie Wil n, Notary Public 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 7, 2015, before me,P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Jill Hardy who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P L ESPARZA WITNESS my hand and official seal. Commission#2032750 = LID— Notary Public-California Orange County My Comm.Expires 4.2017 6K" 9'4�2�� (Seal) (Notary Signa e) EXHIBIT A Legal Description and Graphic Depiction of Property LEGAL DESCRIPTION Real property in the City of Huntington Beach,County of Orange,State of California,described as follows PARCEL I: THOSE PORTIONS OF THOSE CERTAIN PARCELS OF LAND HEREINAFTER DESIGNATED AS PARCEL A, PARCEL B AND PARCEL C PARTLY IN THE CITY OF HUNTINGTON BEACH,ALL WITHIN THE COUNTY OF ORANGE,STATE OF CALIFORNIA CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS PARCEL 6, PARCEL 7,PARCEL 8 AND PARCEL 9,BY CORPORATION QUITCLAIM DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080, PAGE 287 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS. PARCEL A: PARCEL 8 AND 9 OF SAID CORPORATION QUITCLAIM DEED. PARCEL B. THAT PORTION OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINES 630 40'21"W 150 20 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE,THENCE LEAVING SAID SOUTHEASTERLY LINE N 26°19,39"W 103.00 FEET, THENCE N 180 40'21"E 19 47 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 47.00 FEET,A RADIAL LINE TO SAID BEGINNING BEARS S 180 40'21"W;THENCE NORTHERLY ALONG SAID CURVE 93.35 FEET;THENCE LEAVING SAID CURVE ON A NON-TANGENT LINE N 260 19'39"W 103 18 FEET,THENCE N 30°28'49"E 7183 FEET TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. PARCEL C. THAT PORITON OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE- COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL,OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630 40'21"W 686 50 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE;THENCE LEAVING SAID SOUTHEASTERLY LINE N 260 19'39"W 95.04 FEET; THENCE N 180 07'02"E 231.15 FEET;THENCE N 29°37' 43" E 37.58 FEET,THENCE N 57°36' 46"E 150.89 FEET;THENCE N 440 49'05" E 172.30 FEET,THENCE N 320 52'32" E 46 36 FEET , TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE EXCEPTING THEREFROM PARCEL R AS DESCRIBED ABOVE ALSO EXCEPTING FROM PARCELS A, B AND C AS DESCRIBED ABOVE,ALL OIL,GAS HYDROCARBONS AND MINERALS OF EVERY KIND AND CHARACTER IN OR UNDER SAID LAND AND SUCH WHICH MAY BE PRODUCED FROM SAID LANDS TOGETHER WITH THE RIGHT TO DRILL INTO AND EXTRACT THE SAME FROM ALL SAID LANDS BUT WITH NO RIGHT TO USE OF ANY PORTION OF SAID LANDS ABOVE A PLANE FIVE HUNDRED(500)FEET BELOW THE SURFACE OF SAID LANDS FOR THE PRODUCTION OF SAID OIL, GAS,HYDROCARBONS AND MINERALS AS CONTAINED IN THE DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080,PAGE 287 OF OFFICIAL RECORDS. NOTE.ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET ARISING FROM THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS DATED FEBRUARY 15, 1974,WERE QUITCLAIMED BY DOCUMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO 19960479180 OF OFFICIAL RECORDS PARCEL 2: A EASEMENT FOR DRAINAGE PER THE TERMS OF THAT CERTAIN DRAINAGE EASEMENT AGREEMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479185 OF OFFICIAL RECORDS,ORANGE COUNTY CALIFORNIA APN.110-016-19 and 110-016-20 and 110-016-23 EXHIBIT 'N SHEET 7 OF 1 IN THE CITY OF 14UNTINGTON BEACH, COUNTY OF ORAHQEE STATE OF CAEIFORWA INDEX MAP LEGEND N \ StA3,,ECT NROPFRTY LRANT OEfO PER \ INSTRUMENT NU119ER 19960479142 RECORDED SEPTEMBER W.1996 OR C�7 \ WTCLAZI DEED ROM 1000 PALE 267 \ RECORDED FEW VARY 22,1474,OA M IFHTERUNE p hl 1-- N �A x - m }r �a o $ \ a e J INCH PARCEL A �a afl CA-p 1NST. NO. 19960479182 O.R. ycT" O n� =v ►r0 7oW PARCEL 9 I C pk0,\ SURVEYOR'S 9TATEhJEIVi: If) MS 4AP PARE) E i u R MY O,RFCIKk. i R 1FST F S N� �1Y3 DATE x G 496: 87 � 1 cl 801SA CHK1t STREET s r -RA,s !') R)734 �TR,..7._: 7134 105 PATOS -}- � r 797,+:,--�_ I;� 1 89�,3-41 AVENUE '27-3s 1 VND 5'6l• M.8"-re-a—,er_a EY9&T wd..p i I LOT 0 - NANCFD coNc.1P�viNc, LANDSCkff, IRRIGATION & �,-DRAINAGE C it alv f Ile ` W f Z p j- �f TRACT 15377 i 30 15 0 30 60 GRAPHIC SCALE 1"=30s OWNEUMMAM EXHIBIT B neaHomes 1250 Corona Pointe Court,Suite 600 NOW-CITY OWNED PROPERTY Corona,CA 92879 Phone (951) 739-9700 Fax (951)7381759 ATTACHMENT #5 Item 3. - 46 iin -isµ Recorded in Official Records,Orange County Hugh Nguyen,Cq�l�erllk+-Recylordelfr�IpN'`I M p� �l�tl�ilufil�IlI1N��101Eul� �llN{��Ii{�IYll�f{IN��N(NO FEE * S R 0 0 D 8 D 1 6 9 9 3 $ * 201500062595310 31 am 12/10/15 RECORDING REQUESTED BY 47 406 Al2 F13 12 AND WHEN RECORDED MAIL TO' 0 00 0 00 0 00 0 00 33 00 0 00 o 0o 0.00 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 FUNDING AGREEMENT - THIS FUNDING AGREEMENT("Agreement')is entered into as of 0, 2015,by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Or%ner"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City-),with reference to the facts set forth below RECITALS A Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A"attached hereto and incorporated by reference herein("Community Property") The Community Property is or will be a part of a residential community commonly known as Parkside Estates located in Tract 15377 within the City of Huntington Beach, County of Orange _ ("Community"). B Parkside Estates will be governed by an incorporated homeowners association known as Parkside Estates Owners Association, a California non-profit mutual benefit corporation ("Association') Upon the transfer of fee title to any portion of the real property listed on Exhibit "A-to the Association,the Association shall assume all responsibilities and obligations of Owner hereunder, and Shea Homes Limited Partnership, a California limited partnership, shall have no further obligations hereunder C In connection with the development of the Community,the City,for the benefit of the Crty owned property within Tract 15377("City Property")has required that Owner enter into this Agreement to provide for funding to the City for(I)the Community's pro-rata share of the City's cost to maintain the natural treatment system servicing the Community as more particularly described on Exhibit"B"attached hereto and incorporated herein,and(ii)the City's cost to perform three(3) additional cleanings of the sewer main line servicing the Community on an annual basis NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 154992/125699 -1- OW79-199442 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is exempt from recording fees pursuant to Government Code Section 6103 FUNDING AGREEMENT THIS FUNDING AGREEMENT("Agreement") is entered into as of�, 2015, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Owner"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"),with reference to the facts set forth below. RECITALS A Owner is the owner in fee simple of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit"A" attached hereto and incorporated by reference herein ("Community Property") The Community Property is or will be a part of a residential community commonly known as Parkside Estates located in Tract 15377 within the City of Huntington Beach, County of Orange ("Community"). B Parkside Estates will be governed by an incorporated homeowners association known as Parkside Estates Owners Association, a California non-profit mutual benefit corporation ("Association") Upon the transfer of fee title to any portion of the real property listed on Exhibit "A" to the Association, the Association shall assume all responsibilities and obligations of Owner hereunder, and Shea Homes Limited Partnership, a California limited partnership, shall have no further obligations hereunder. C In connection with the development of the Community,the City, for the benefit of the City owned property within Tract 15377 ("City Property") has required that Owner enter into this Agreement to provide for funding to the City for (1) the Community's pro-rata share of the City's cost to maintain the natural treatment system servicing the Community as more particularly described on Exhibit `B" attached hereto and incorporated herein, and (ii) the City's cost to perform three (3) additional cleanings of the sewer main line servicing the Community on an annual basis NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 15-4892/125699 -1- OWZ9-199442 1. City's Work. The City shall be obligated to (i) maintain the natural treatment system servicing the Community as more particularly described on Exhibit "B" attached hereto and incorporated herein ("Natural Treatment System Work"), and (ii) shall perform three (3) additional annual cleanings of the sewer main line servicing the Community, as more particularly described on Exhibit "B" ("Sewer Clean-Out Work") (the Natural Treatment System Work and Sewer Clean Out Work are referred to collectively herein as "Work"). The cost to perform such Work shall be paid by the Owner as provided in Section 2 below. 2. Owner Funding Obli a tion. Provided that City has performed its obligations pursuant to Section 1 above, Owner shall reimburse the City for the cost of performing the Work in accordance with the provisions set forth in this Section 2. a. Natural Treatment System and Sewer Clean-Out Funding. The annual amount to be paid to the City for the Natural Treatment System Maintenance shall be equal to 19.4% of the City's actual cost to perform the Natural Treatment System Maintenance and 100% of the City's actual cost to perform the Sewer Clean-Out Work("Funding Amount"). b. Dispute Over Costs. In the event the Owner disputes the cost of the Work and the Owner's Funding Amount, the Owner may demand from the City evidence of the cost for completion of such Work. The City shall have the obligation to provide evidence of the cost to perform the Work to the Owner within thirty (30) days of reasonable demand for such evidence from the Owner. If the evidence provided by the City does not in the reasonable opinion of the Owner prove that the costs have been incurred,the Owner and the City shall meet and confer within ten(10) business days of the Owner's receipt of the cost invoices from the City. If the Owner and the City are unable to resolve the dispute at such meeting, the dispute shall be resolved in accordance with the provisions of Section 4 below. C. Payment Commencement Date. The Owner's obligation to commence payment of the Funding Amount shall commence upon the date the City commences its Work obligations hereunder and provides written notification to Owner of such Work commencement in accordance with the provisions for Notice set forth in Section 6(f)below("Work Notice"). d. Deposit and Annual Payment. Prior to the City acceptance of the public improvements contemplated in this Funding Agreement, Owner shall provide the City twenty-five thousand dollars ($25,000.00) (Deposit) which shall be placed into a separate interest bearing account to pay for the annual cost of maintaining the Natural Treatment System and Sewer Clean- Out Work described in Section 2 a above. As the City draws down the Deposit money during each year, the account shall be replenished back to the $25,000.00 as follows: On or before January 15 of each year, City shall provide Owner with a statement indicating the cost of maintenance for that year, owner shall within thirty (30) days of receipt of the statement provide the City funds to bring the deposit back to $25,000.00 for the next year. The amount of the $25,000.00 shall be subject to an annual escalator of a factor equal to the Los Angeles Riverside Orange County Consumer Price Index. City shall provide an account balance as reasonably requested by Owner. 154892/125699 -2- OWZ9-199442 THIS PROVISION ALONG WITH THE AGREEMENT AND ALL THE COVENANTS AND CONDITIONS HEREIN SHALL RUN WITH THE LAND AND BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE EXECUTORS, ADMINISTRATORS, HEIRS, ASSIGNS AND SUCCESSORS OF THE OWNER. e. Records. Owner shall be entitled to inspect and copy at its sole expense the records of the City relating to the Funding Amount or performance of the Work required hereunder upon reasonable notice to the City during normal business hours. 3. Covenant Runs with the Land. This Agreement shall run with the land and be binding on and inure to the benefit of all successors and assigns of the parties hereto. It is currently anticipated that the Community shall be governed by the Association. City acknowledges that upon Owner transferring any portion of the Community Property in fee title to the Association, all of Owner's rights and obligations under this Agreement shall automatically be transferred to the Association, and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership shall have no further obligations hereunder. 4. Dispute Resolution. In the event of a dispute between City and the Owner with respect to the satisfaction by City or Owner of its obligations under this Agreement or with respect to the question of satisfaction of the conditions for exoneration or release of the Security, the issue or issues in dispute shall, at the request of either party, be submitted to arbitration in accordance with the Commercial Arbitration Rules ("Arbitration Rules") of the American Arbitration Association ("Arbitration Association") before an arbitrator selected from the panels of the arbitrators of said association. The fee payable to said Arbitration Association to initiate the arbitration shall be paid by Owner and City in equal amounts, however, that the costs of arbitration shall ultimately be borne as determined by the arbitrator under the Arbitration Rules. 5. Indemnity. Owner and the City (in this Section, each an "Indemnifying Party") each, one to the other, covenant and agree, at its sole cost and expense, to indemnify and hold harmless the other Party (hereinafter in this section, the "Indemnitee") from and against any and all claims against the Indemnitee for losses, liabilities,damages,judgments, costs and expenses and any actions or proceedings arising therefrom, by or on behalf of any person, firm, corporation or governmental authority arising solely from the exercise of the rights or maintenance obligations hereunder, except to the extent any loss, damage or claim is caused by the negligence or willful misconduct of the Indemnitee. 6. Miscellaneous a. Enforcement. Violation or breach of any covenant, agreement or provision contained herein shall give to the party in whose favor such covenant, agreement or provision was made, the right to prosecute a proceeding at law or in equity against the person or persons who violated or are attempting to violate any such covenant, agreement or provision, to enjoin or prevent them from doing so, to cause such violation to be remedied and/or to recover damages for such violation. b. Binding on Successors. This Agreement and all of the covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the executors, administrators,heirs, assigns and successors of each of the Parties. 154892/125699 -3- OWZ9-199442 C. Severability. If any term,provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision and covenant shall be valid and enforceable to the fullest extent permitted by law. d. Attorneys'Fees. In the event legal proceedings are commenced regarding the enforcement of this Agreement, the prevailing party in any such action shall not recover, in addition to any relief granted therein, reasonable attorneys' fees from the other party or parties, which fees shall be included in any judgment rendered in such proceedings. e. No Waiver. The waiver or failure to enforce any breach or violation of any covenant herein contained shall not be deemed to be a waiver or abandonment of such covenant, or any waiver of the right to enforce any subsequent breach or violation of such covenant. f. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be given personally or deemed delivered four(4) days after the notice is mailed to the party, with first class postage prepaid, by certified mail, return receipt requested or upon the next business day after deposit with a nationally recognized overnight courier. Unless a different address is provided in accordance with this Section, all such notices to the Association shall be to its address then on file with the California Secretary of State. Written notice of any change of address shall be given in accordance with this Section. Notices shall be provided to the addresses listed below: Owner: City: g. Governing Law. This Agreement is being executed and delivered, is intended to be performed, in the State of California,and to the extent permitted by law,the execution,validity, construction and performance of this Agreement shall be construed and enforced in accordance with the laws of the State of California. This Agreement shall be deemed made and entered into in Orange County. h. Compliance with Laws. The Parties and their respective successors and assigns covenant and agree to comply with all laws and regulations relating to the maintenance and use of the easements or the exercise of any rights granted herein. i. Civil Code Section 1468. The provisions of this Agreement shall run with the Community Property and the City Property, and shall both benefit and bind the owners and each successive owner of the Community Property and the City Property during their respective periods of ownership. This Agreement is made with the intent of satisfying the requirements of California Civil Code Section 1468. j. Counterparts. This Agreement may be executed in counterparts, each of which when taken together will constitute one fully executed original. 154892/125699 -4- OWZ9-199442 IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first set forth above. SUBDIVIDER, CITY OF HUNTINGTON BEACH, SHEA HOMES LIMITED PARTNERSHIP, a municipal corporation of the State of a California limited partnership California By. J.F. Shea, G.P. A Delaware general partnership Its General Partner Mayor— By: J.F. Shea Management, L.P. A Delaware limited partnership, C' Cler Its General Partner INI TED AND APPROV D: By: J.F. Shea Construction Management, Inc., A California corporation, Director of Pub 1c Works Its Gen P er REVIE D APPROVED: By: b J der Vice P e Pager By: John der V de istant Secretary APPROVED !4 7 C' 'Attorney �-3`1 5 15-4892/125699 -5- OWZ9-199442 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 ORANGE On September 8, 2015 , before me, Julie Wilson , Notary Public, personally appeared Robert J Yoder and John Vander Velde , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JULIE WILSON WITNESS my hand and official seal Commission# 1980208 a -s Notary Public-California z z ` -`� Riverside County My Comm Expires Jun 27,2016 Julie Wilgion, Notary Public 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 7, 2015, before me,P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Jill Hardy who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P L ESPARZA WITNESS my hand and official seal. r6A Commission#E 2032750 Notary Public-Cahforma Orange County My Comm Expires Augd,2017 f (Seal) (Notary Signa e) EXMBIT A. Regal Description and Graphic Depiction of Property LEGAL DESCRIPTION Real property in the City of Huntington Beach,County of Orange,State of California,described as follows PARCEL 1- THOSE PORTIONS OF THOSE CERTAIN PARCELS OF LAND HEREINAFTER DESIGNATED AS PARCEL A,PARCEL B AND PARCEL C PARTLY IN THE CITY OF HUNTINGTON BEACH,ALL WITHIN THE COUNTY OF ORANGE,STATE OF CALIFORNIA CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS PARCEL 6, PARCEL 7, PARCEL 8 AND PARCEL 9, BY CORPORATION QUITCLAIM DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080, PAGE 287 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 8 AND 9 OF SAID CORPORATION QUITCLAIM DEED. PARCEL B. THAT PORTION OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457, PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630 40'21"W 150 20 FEETTO THE POINT OF BEGINNING OF SAID DESCRIBED LINE,THENCE LEAVING SAID SOUTHEASTERLY LINE N 26°19'39"W 103.00 FEET, THENCE N 180 40'21" E 19 47 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 47.00 FEET,A RADIAL LINE TO SAID BEGINNING BEARS S 18140'21"W;THENCE NORTHERLY ALONG SAID CURVE 93.35 FEET;THENCE LEAVING SAID CURVE ON A NON TANGENT LINE N 260 19'39"W 103 18 FEET,THENCE N 30° 28'49" E 7183 FEET TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE. PARCEL C. THAT PORTTON OF PARCEL 6 AND PARCEL 7 OF SAID CORPORATION QUITCLAIM DEED LYING EASTERLY AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 6,SAID CORNER ALSO BEING A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL,OF LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY GRANT DEED RECORDED OCTOBER 11, 1960 IN BOOK 5457,PAGE 298,OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6 COINCIDENT WITH SAID NORTHWESTERLY LINE S 630 40'21"W 686.50 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE;THENCE LEAVING SAID SOUTHEASTERLY LINE N 26° 1Y 39"W 95.04 FEET; THENCE N 180 07'02"E 231.15 FEET;THENCE N 29°37'43" E 37 58 FEET,THENCE N 57°36, 46"E 150.89 FEET,THENCE N 44°49'05" E 172,30 FEET,THENCE N 32°52'32" E 46.36 FEET I TO THE NORTHERLY LINE OF SAID PARCEL 7 AND THE POINT OF TERMINATION OF SAID DESCRIBED LINE EXCEPTING THEREFROM PARCEL B AS DESCRIBED ABOVE ALSO EXCEPTING FROM PARCELS A, B AND C AS DESCRIBED ABOVE,ALL OIL,GAS HYDROCARBONS AND MINERALS OF EVERY KIND AND CHARACTER IN OR UNDER SAID LAND AND SUCH WHICH MAY BE PRODUCED FROM SAID LANDS TOGETHER WITH THE RIGHT TO DRILL INTO AND EXTRACT THE SAME FROM ALL SAID LANDS BUT WITH NO RIGHTTO USE OF ANY PORTION OF SAID LANDS ABOVE A PLANE FIVE HUNDRED(500) FEET BELOW THE SURFACE OF SAID LANDS FOR THE PRODUCTION OF SAID OIL,GAS,HYDROCARBONS AND MINERALS AS CONTAINED IN THE DEED RECORDED FEBRUARY 22, 1974 IN BOOK 11080, PAGE 287 OF OFFICIAL RECORDS. NOTE. ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET ARISING FROM THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS DATED FEBRUARY 15, 1974, WERE QUITCLAIMED BY DOCUMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO 19960479180 OF OFFICIAL RECORDS PARCEL 2' A EASEMENT FOR DRAINAGE PER THE TERMS OF THAT CERTAIN DRAINAGE EASEMENT AGREEMENT RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO 19960479185 OF OFFICIAL RECORDS,ORANGE COUNTY CALIFORNIA APN• 110-016-19 and 110-016-20 and 110-016-23 EXHIBIT 'A' SHEET 1 OF 1 IN THE CRY OF HUNTINGTON BE" COUNTY OF ORANSE�STATE OF CALIFORMA INDEX MAP LLJ d LEGEND SU1.,ECT PROPERTY CHANT OFFS PER \ INS)RUYENT tIUdPER J9960479102 RECORDED SEPTEMBER 19 1996 OR PORATM V \ ,--CIUDiTCLA24 DEED BOOK IERTY IOW PPNZ ze7 \ RECORDED FEDRUMY 22 1974,OR. N (.FNTERUNE cn - tt� \ nl r � a J INCH = 200 F7. PARCEL A U) c00 m 4 v - a INST. NO. 199&)479182 O-R. ` �p \ -0 m 0� `>?, " c) y � r !k 706T PARCEL 9 J �^1) F CALIF �� \ co i D `- SURYEYQAS STATEMEPM l l MI5 UAP q EPARED E i U/r/�pER MY OIREclv)h 1 r l A IES7 .9. S HD TOB3 DATE D V. 4�'�q r�.s Q 496: 87 -1 C, \` BOLSA CHICA STREET 5 r —R,::T :-a W34 1iRa�:._c 7J34 T?� ��J 1 C,$ PATOS' 4 1 n -�> ='; 7-_:� 797r 4O-%ram 1. 89Cf3-41 AVENUE I 1M0 S$I�ERGB"w rxr_�(XygT AOwp r % `LOT Z CT f 3--- 1-� -- 'LOT M/ '= f LOT X LOT Y; LEGEND 0 0 8" SEWER SYSTEM REQUIRING ADDITIONAL CLEANING NATURAL TREATMENT SYSTEM 300 150 0 300 600 GRAPHIC SCALE 1 "=300' OWNEWDEVEDM EXHIBIT R SheaHOMeS. NATURAL TREATMENT SYSTEM 1250 Corona Pointe Court, Suite 600 & SEWER CLEANING Corona, CA 92879 Phone (951) 739.9700 Fax (951) 738-1758 ATTAC H M E N T #6 Item 3. - 58 iin -iin- STATE OF CALIFORNIA EDMUND G BROWN JR , Governor CALIFORNIA STATE LANDS COMMISSION JENNIFER LUCCHESI, Executive Officer 100 Howe Avenue, Suite 100-South (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922 Contact Phone. (916) 574-1900 Contact FAX. (916) 574-1835 FEB 16 2016 File Ref PRC 9303 9 Joan L Flynn City Clerk 2000 Main Street Huntington Beach, CA Subject General Lease — Right-of-Way Use, for Channel Undercrossing Improvements, Huntington Beach, Orange County Dear Ms Flynn Enclosed is your fully executed lease, PRC 9303 9, for the channel undercrossing improvements located in Huntington Beach, Orange County Our Accounting Office will be notifying you regarding a refund due or balance outstanding on this project within ninety (90) days from the date of this letter The Commission appreciates your cooperation and patience in helping to complete this transaction Please feel free to write or call if you have any questions Sincerely, xi-Al 94�� Drew Simpkin Public Land Management Specialist RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO STATE OF CALIFORNIA California State Lands Commission Attn Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE A P N 110-0 16-19,20&21 County Orange q, W 26738 LEASE NO. PRC 303 I This Lease consists of this summary and the following attached and incorporated parts Section 1 Basic Provisions Section 2 Special Provisions Amending Or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Land Description Exhibit A-1 Temporary Construction Parcel Exhibit B Site and Location Map Exhibit C Mitigation Monitoring Program SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to SHEA HOMES LIMITED PARTNERSHIP AND THE CITY OF HUNTINGTON BEACH, hereinafter referred to as Lessees, those certain lands described in Exhibit A and A-1 hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease MAILING ADDRESS: City of Huntington Beach Shea Homes Limited Partnership 2000 Main Street 1250 Corona Pointe Court, Suite 600 Huntington Beach Corona, CA 92887 CA 92648 LEASE TYPE: General Lease—Right-of-Way Use LAND TYPE: Sovereign LOCATION: East Garden Grove-Wintersburg Channel, near the City of Huntington Beach, Orange County, as described in Exhibit A and A-1 and shown on Exhibit B (for reference purposes only) attached and by this reference made a hereof LAND USE OR PURPOSE: The construction, use and maintenance of • A channel undercrossing, • A storm drain box structure, • Two 12-inch diameter outflow pipelines, • One 8-inch diameter water force main, • Two 18-inch diameter PVC pipelines TERM: 20 years, beginning December 18, 2015, ending December 17, 2035, unless sooner terminated as provided under this Lease CONSIDERATION: The public health and safety, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State's best interest AUTHORIZED IMPROVEMENTS: • A channel undercrossing from the north side of the East Garden Grove-Wintersburg Flood Control Channel to the Slater Pump Station on the south side of the Channel which will include a 9-ft x 10-ft reinforced concrete box (RCB) drain structure The RCB will convey storm drain water to the Slater Pump Station • Two 12-inch diameter outflow pipelines located within Lease Parcel 2 • One 8-inch diameter water force main • Two 18-inch diameter PVC pipelines N/A EXISTING: X_TO BE CONSTRUCTED; See Authorized Improvements above CONSTRUCTION MUST BEGIN BY: N/A AND BE COMPLETED BY: N/A LIABILITY INSURANCE: Shea Homes Limited Partnership will provide liability insurance during construction in an amount no less than $1,000,000 per occurrence SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: 1 Upon completion of construction by Shea Homes Limited Partnership,the City of Huntington Beach will assume the long-term maintenance of the authorized improvements 2 Lessor will consider construction of the improvements complete upon written notification by Shea Homes Limited Partnership and written confirmation by The City of Huntington Beach 3 Upon completion of construction and written confirmation by the City of Huntington Beach, Shea Homes Limited Partnership's interest in the Lease shall end and the City of Huntington Beach shall become sole Lessee 4 No later than 90 days after completion of the authorized improvements, Shea Homes Limited Partnership shall submit a Lease Quitclaim for the Executive Officer's review and acceptance for the Temporary Construction Parcel as described in Exhibit A-1 Lessees shall be released from any obligations under the lease only upon written notice from the Executive Officer or designee accepting such Lease Quitclaim 5 Shea Homes Limited Partnership shall provide Lessor's staff with written notification of completion of construction, as-built plans, and photos within 30 days of project completion 6 Shea Homes Limited Partnership acknowledges that the Mitigation Monitoring Program, attached as Exhibit C and by reference made a part of this Lease, is adopted by the Lessor at the time of approval of this Lease and Shea Homes Limited Partnership agrees to be bound by and perform all of the conditions contained in the Mitigation Monitoring Program adopted by Lessor Shea Homes Limited Partnership shall be responsible for all costs associated with implementing the Mitigation Monitoring Program SECTION 3 GENERAL PROVISIONS 1 GENERAL In the case of any conflict between these General Provisions and Special Provisions found in Section 2,the Special Provisions control 2 DEFINITIONS For the purposes of this Lease,the following terms shall be defined as stated below "Additions"shall be defined as any use or Improvements other than those expressly authorized in this Lease "Alterations"shall be defined as any material change in the size,scope,density,type, nature,or intensity of Improvements on the Lease Premises from what is authorized in this Lease Alterations shall also include any modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease "Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform "Damages" shall include all liabilities, demands,claims,actions or causes of action whether regulatory, legislative orjudicial in nature, all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys', accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and(n)costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws,a court order, or applicable provisions of a Regulatory Agency The term"Damages" also includes,expressly,those Damages that arise as a result of strict liability,whether arising under Environmental Laws or otherwise "Default"shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease "Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules,judgments,orders,and notice requirements,which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment, (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials, (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions, (d) the preservation or protection of waterways, groundwater, or drinking water, (e)the health and safety of persons or property, or(f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq], the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq], the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq], the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq], the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq],the Hazardous Materials Transportation Act(FIMTA) [49 USCS §§ 1801 et seq],the Insecticide,Fungicide, Rodenticide Act [7 USCS §§ 136 et seq], the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq], the Clean Air Act [42 USCS §§ 7401 et seq], the Safe Drinking Water Act [42 USCS §§ 300f et seq], the Solid Waste Disposal Act [42 USCS §§ 6901 et seq],the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq], the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq], the Occupational Safety and Health Act [29 USCS §§ 655 and 657], the California Underground Storage of Hazardous Substances Act [H& S C §§ 25280 et seq], the California Hazardous Substances Account Act [H & S C §§25300 et seq],the California Hazardous Waste Control Act [H& S C §§ 25100 et seq], the California Safe Drinking Water and Toxic Enforcement Act [H& S C §§ 24249 5 et seq],the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq] together with any amendments of or regulations promulgated under the statutes cited above "Hazardous Material"shall be defined as and include any substance which falls within the definition of hazardous substance,hazardous waste, hazardous material,toxic substance,solid waste,pollutant,or contaminant,under any Environmental Law "Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises Improvements include, but are not limited to buildings, structures, facilities,decks, docks, wharves,piers, walks, curbs,bridges,buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line,fences, utilities,pipelines, and any other construction of any type situated on the Lease Premises "Lease" shall be defined as this lease contract together with all amendments and exhibits "Lease Premises"shall be defined as the area of land,together with any improvements located thereon,the use and occupancy of which Form51 16(Rev 10/14) Page 1 of 12 is authorized by this Lease "Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners,their alternates and designates,the Executive Officer,and the staff of the California State Lands Commission "Regulatory Agency" shall include any Federal, State,County,Municipal,or Local agency having jurisdiction over the Lease Premises "Repairs" shall be defined as all work of any kind made to maintain, change, restore, strengthen,replace, alter, or otherwise affect any Improvement on the Lease Premises "Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory, intermittent,recreational use of facilities such as campgrounds "Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or additions to, the upland property and are not water-dependent uses Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type,or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values 3 CONSIDERATION (a) Absolute Triple Net Lease This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein (b) Rent Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term,or as otherwise provided in this Lease Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of Lessor Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002 Invoices for rent due may be provided by Lessor as a courtesy Lessor's failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent (c) Modification Lessor may modify the method,amount,or rate of consideration effective on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1)of the next four(4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date No such modification shall become effective unless Lessee is given at least thirty (30)days' notice prior to the date of the Commission meeting wherein the rent modification is considered,or thirty(30)days' notice prior to the effective date of the increase,whichever provides a greater notice period If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income (d) Penalty and Interest Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent (5%) of the principal sum due Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest (e)Non-Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party Form51 16(Rev 10/14) Page 2 of 12 which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11 Lessee shall be given at least thirty(30)days' notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the effective date that this Lease is converted to a monetary rental,whichever provides more notice (f)Place for Payment of Rent All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202,or at any other place or places that Lessor may designate by written notice to Lessee Alternately, Lessee may contact Lessor's accounting department foi Lessor's current practices for payment by credit card or electronic fund transfer 4 BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future 5 LAND USE (a) General (1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease Lessee shall commence use of the Lease Premises within ninety(90)days of the beginning date of this Lease or within ninety(90)days of the date set for construction to commence as set forth in this Lease,whichever is later (2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies Lessee is solely responsible for determining what approvals, authorizations,or certifications are required,and shall be solely responsible for all costs incurred thereby In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises (b)Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration Lessee's discontinuance of such use for a period of ninety(90) days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3) Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease (c) Repairs and Maintenance (1)Lessor shall not be required to make any Repairs in,on,or about all or part of the Lease Premises Lessee shall,at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean,safe,sanitary,and orderly condition (2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency Lessee shall observe and comply with,any law, statute,ordinance,plan,regulation, resolution,or policy applicable to the Lease Premises to making such Repairs All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee (3)Lessee expressly accepts the Lease Premises"as is"and expressly acknowledges that (i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized, and (n) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for Form51 16 (Rev 10/14) Page 3 of 12 the Lessee's intended use,and (w) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises (iv)Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply (4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for,and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards (d)Additions,Alterations,and Removal No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor Any Additions or Alterations are expressly prohibited Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises (e) Enjoyment This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises (f)Discrimination Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected by federal, state, or local law, including race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status,veteran status,or disability (g)Residential Use Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence,or for Residential Uses (h) Commercial Use Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period 6 RESERVATIONS,ENCUMBRANCES,AND RIGHTS-OF-WAY (a) Reservations (1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively, the right to grant and transfer the same, as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease (2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease (3)Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease, however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease Form51 16(Rev 10/14) Page 4 of 12 (4)Lessor expressly reserves the right to lease,convey,or encumber the Lease Premises, in whole or in part,during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease (b) Encumbrances The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title,condition,or fitness of the land for the stated or intended purpose 7 RULES, REGULATIONS,AND TAXES (a)Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles (b)Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements Lessee expressly acknowledges that issuance of this Lease does not substitute for,or provide preference in obtaining authorizations from other Regulatory Agencies (c)Taxes (1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease Premises,any business or activity occurring on the Lease Premises,the Lease Premises itself,or any portion thereof, levied by any governmental agency or entity Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment (2)In the event that this Lease commences,terminates or expires during a tax year,Lessee shall pay the taxes for the period of such year during which this Lease was in effect (3)Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request (4)Lessee shall indemnify and hold Lessor,the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes,assessments,or other charges 8 INDEMNITY (a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk (b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the sole negligence and/or willful misconduct of the Lessor,Lessee shall indemnify, hold harmless,and,at the option of Lessor,defend Lessor, its officers, agents, and employees from any and all Damages iesulting fiom Lessee's occupation and use of the Lease Premises Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without limitation, any Damages arising by reason of (1)The issuance,enjoyment, interpretation,Breach,or Default of this Lease,(2)The challenge to or defense of any environmental review upon which the issuance of this Lease is based, (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises, (4) The condition of the Lease Premises, or Improvements on the Lease Premises, (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises, (6)Any work peifoimed on the Lease Premises of material furnished to the Lease Premises,(7)Lessee's failui e to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other (d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to Form51 16(Rev 10/14) Page 5 of 12 this Lease or any associated environmental review However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge (e) Lessee shall notify Lessor immediately in case of any accident, injury,or casualty on the Lease Premises 9 INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance,with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition,or maintenance of the Lease Premises and all Improvements (b) The insurance policy shall identify the Lease by its assigned number The specific Improvements shall also be generally identified,as well as their location on state owned property The coverage provided shall be primary and non-contributing Lessee shall keep such policy current Lessor shall be named as a'certificate holder"and/or an"additional interest"on the policy Lessee shall provide Lessor with a current certificate of insurance at all times At Lessor's request,Lessee shall provide a full copy of the current insurance policy,along with any and all endorsements or other such documents affecting the coverage Lessor will not be responsible for any premiums or other assessments on the policy (c)The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee shall notify Lessor within five(5)business days if the insurance is canceled for any reason 10 SURETY BOND (a)When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms,covenants,and conditions of this Lease (b)Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration,or to provide for inflation or other increased need for secunty The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1)of the next four(4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary No such modification shall become effective unless Lessee is given at least thirty(30)days' notice prior to the date of the Commission meeting wherein the modification of the bond or secunty is considered, or thirty (30) days' notice prior to the effective date of the increase, whichever provides more notice (c)The surety bond or other secunty device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee must first seek approval of Lessor before changing the type of security device used,or the bond holder 11 ASSIGNMENT,ENCUMBRANCING OR SUBLETTING (a) Lessee shall not either voluntarily or by operation of law, assign,transfer,mortgage,pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part,or allow any person other than the Lessee's employees,agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld (1)Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse,or the transfer is caused by the dissolution of the mamage of Lessee and the full interest of one of the spouses is transferred to the other spouse In the event of such a transfer,Lessor shall be notified in writing within 30 days of the transfer (2)Notice to Lessor of Successor Trustee(s) In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph Lessee(and by operation of law, any successor trustee)agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c)of General Provisions,no later than sixty (60)days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason (b)The following shall be deemed to be an assignment or transfer within the meaning of this Lease Form51 16(Rev 10/14) Page 6 of 12 (1) If Lessee is a business entity,any dissolution, merger,consolidation or other reorganization of Lessee,or the sale or other transfer of substantially all the assets of Lessee If Lessee is a publicly traded entity,transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership,or the dissolution of the partnership (c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor (d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises,Lessee shall do all of the following (1)Give not less than 90 days' prior written notice to Lessor, (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee, and the nature of the use of and interest in the Lease Premises proposed by the assignee,sublessee,secured third party or other transferee (3)Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer, (4)Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee, and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises, and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee,secured party or other transferee (6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use the proposed party's financial strength and reliability,their business experience and expertise,their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the parry's acceptance of the new terms Lessee's rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c)above (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions imposed by a separately negotiated encumbrancing agreement (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises, except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee's tenancy (h)If the Lessee files a petition or an order for relief is entered against Lessee,under Chapters 7, 99 11 or 13 of the Bankruptcy Code (I I USC Sect 101,et seq)then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60)days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease(monetary and non-monetary)or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured, and (2)that within thirty (30) days from the date of such assumption, all non- monetary Defaults under this Lease will be cured, and (3) that all provisions of this Lease will be satisfactorily performed in the future Form51 16(Rev 10/14) Page 7 of 12 (i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not extend the term of this Lease 12 DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease (1)Lessee's failure to make any payment of rent,royalty,or other consideration as required under this Lease, or (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease, or (3)Lessee's abandonment of the Lease Premises(including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term,or (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements, or (5)The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency,Environmental Law, or maintenance of the Lease Premises to a condition constituting nuisance,or (6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease (7)Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge, expressed written consent or authorization of the Lessor (b) Lessee's failure to observe or perform any other term,covenant,or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease However, if the nature of Lessee's Default under this paragraph is such that more than thirty(30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty(30)day period and diligently proceeds with such cure to completion (c) Should Lessee Breach any term,covenant,or condition of this Lease under Paragraph 12(b)above three (3)times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease,and take other appropriate action Lessor will provide written notice of each Breach as provided above,and provide written notice that future Breaches will constitute immediate Default with no cure period (d) Remedies In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law (1)Re-enter the Lease Premises,remove all persons and property, and repossess and enjoy such premises, or (2)Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination Such termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice Lessee shall immediately surrender possession of the Lease Premises to Lessor Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951 2 of the California Civil Code, or any other provision of law, including any necessary Repair,renovation,alteration,remediation,or removal of Improvements,or (3)Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the conditions imposed by Cal Civil Code § 19512,or Form51 16(Rev 10/14) Page 8 of 12 (4)Exercise any other right or remedy which Lessor may have at law or equity (e) Determination of Rental Value If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner (f) Waiver of Rights The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party Lessor's acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting Breach at the time rent is accepted 13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a) Restoration of Lease Premises (1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed the Improvements on the Lease Premises, or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements For purposes of this Lease, restoration includes removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises Lessor may waive all or any part of this obligation in its sole and absolute discretion (3)Unless otherwise provided for in this Lease,Lessee shall submit to Lessor no later than one(1)year prior to the expiration of this Lease either (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timelme for obtaining all necessary permits and conducting the work prior to the expiration of this Lease (4)In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law (5)Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens,mortgages, loans,or any other encumbrances Lessor shall not pay,and Lessee shall not be entitled to compensation for Lessor's taking title to such property (b) Environmental Matters (1)Lessee's Obligations (i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless specifically authorized under other terms of this Lease (n)Lessee shall practice conservation of water,energy,and other natural resources (m)Lessee shall notify Lessor and the appropriate governmental emergency response agency,or agencies immediately in the event of any release or threatened release of any Hazardous Material (2)Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved Form51 16(Rev 10/14) Page 9 of 12 by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed,stored,or transported on the Lease Premises during the term of the Lease Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law (3)Environmental Indemnity Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by,or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder,or out of any violation by Lessee of any Environmental Law, or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee's tenancy This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month-to-month tenancies created by operation of law Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease (4)Violation of this section shall constitute grounds for termination of the Lease Lessor, shall notify Lessee when, in Lessor's opinion, Lessee has violated the provisions of this section Lessee shall immediately discontinue the conduct and respond within five(5)business days Lessee shall take all measures necessary to remedy the condition 14. QUITCLAIM Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants 15. HOLDING-OVER (a) This Lease shall terminate without further notice upon the expiration of the term of this Lease Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies (b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms,covenants,and conditions can be applicable to a month-to-month tenancy (c) In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies,the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid In the event this Lease does not require monetary compensation,Lessor shall have the right to establish rent based on the fair market value of the Lease Premises The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other 16 ADDITIONAL PROVISIONS (a)Waiver (1)No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein (2)Any such waiver shall not be deemed to be a waiver of any other term,covenant or condition, of any successive Breaches of the same term,covenant,or condition, or of any other Default or Breach of any term,covenant or condition of this Lease Form51 16(Rev 10/14) Page 10 of 12 (b) Time Time is of the essence for this Lease and each and all of its terms,covenants or conditions in which performance is a factor (c) Notice All notices required to be given under this Lease shall be given in writing,sent by U S Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease Lessee shall give Lessor notice of any change in its name or address (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event (e) Changes This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties (f) Successors The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors,and assigns of the respective parties (g) Joint and Several Obligation If more than one Lessee is a party to this Lease,the obligations of the Lessees shall be joint and several (h) Captions The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease (i) Severability If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law �) Representations Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant,agreement or understanding not contained in this Lease (k) Gender and Plurality In this Lease,the masculine gender includes both the feminine and neuter,and the singular number includes the plural whenever the context so requires (1) Survival of Certain Covenants All covenants pertaining to bond,insurance, indemnification,restoration obligations, Breach,Default,and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease (m) Counterparts This agreement may be executed in any number of counterparts and by different parties in separate counterparts Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement (n) Delegation of Authority Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members,their alternates or designees,and the staff of the Commission The ability of staff of the Commission to give consent,or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff All other powers are reserved to the Commission Form51 16(Rev 10/14) Page 11 of 12 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE NO PRC '1313•1 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed LESSEES: LESSOR: CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA STATE LANDS COMMISSION By By �0pqnent,Division Title Title LW Date A- 7- 2D/j'- Date FEB 16 2016 SHEA M D PARTN SHIP B Execution of this document was authorized by the California State Lands Commission on Title , "W,920oWVr (Month Day Year) Date /.P•S•/S APPROVED AS TO FORM ATTACH ACKNOWLEDGMENT By' M ichaelmey � I Form51 16(Rev 10/14) Page 12 of 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 0690J467 On����2 7 ZO/J Es t before me, �Z 4 moo,—,­4►Ly , Date Here Insert Name and Title of the ffmcer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose nameW)Oare subscribed to the within instrument and acknowledged to me that 4D�they executed the same in WsgV�kteir authorized capacityog),and that by hiskteir signature�4 on the instrument the personXj, or the entity on 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 P L ESPARZA Commission#2032750 Notary Public-California Z Signature Orange County - Signature of otary u 1►c MY Comm EXPIAAup 4,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing 02014 National Notary Association •www NationalNotary org - 1-800-US NOTARY(1-800-876-6827) Item#5907 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 Orange On December 8, 2015 before me, Julie Wilson , Notary Public, personally appeared John Vander Velde and John Danvers , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JULIE WILSON WITNESS my hand and official seal ` Commission # 1980208 a ' s` Notary Public -California z z " t�� Riverside County n f , ' I' My Comm Expires Jun 27,2016 Qua`�l"V' Julie Wil` on, Notary Public EXEMIT A W 26738 LAND DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being those portions of Parcel C5-101 as granted to the Orange County Flood Control District per Quitclaim Deed recorded August 17, 1964 in Book 7181, Page 748 of Official Records of said County described as follows PARCEL 1: COMMENCING at the northeasterly corner of said Parcel C5-101; thence along the northwesterly line of said parcel, South 63°40'29" West 1267.23 feet to the TRITE POINT OF BEGINNING; thence continuing along said northwesterly line, South 63`4929" West 100.00 feet; thence South 26'19'31"East 191.91 feet; thence South 31019'31"East 411 feet to the southeasterly line of said of said parcel; thence along said southeasterly line, North 63°40'29" East 100.38 feet; thence North 31019'31' West 8.49 feet; thence North 26' 19' 31" West 187.54 feet to the TRUE POINT OF BEGINNING PARCEL 2: COMMENCING at the northeasterly corner of said Parcel C5-101; thence along the northwesterly line of said parcel, South 63040'29" West 2043.29 feet to the TRUE POINT OF BEGINNING; thence South 26°19'31"East 25.08 feet,thence North 63°4229"East 45.86 feet;thence North 26' 19' 29"West 2511 feet to said northwesterly line; thence along said northwesterly line,South 63°4029" West 45.86 feet to THE TRUE POINT OF BEGINNING. END OF DESCRIPTION Prepared Septem 14,2015 i-ANO s � Paul' Huddlesto Jr L No.7083 4 L S 7083 jO Da " � P 1,q�of CAL\' EXHIBIT A-1 TEMPORARY CONSTRUCTION PARCEL W 26738 LAND DESCRIPTION In the City of Huntington Beach and the Unincorporated Territory, County of Orange, State of California, being that portion of Parcel C5-101 as granted to the Orange County Flood Control District per Quitclaim Deed recorded August 17, 1964 in Book 7181, Page 748 of Official Records of said County described as follows- BEGINNING at the northeasterly corner of said Parcel C5-101, thence along the northwesterly line of said parcel, South 63°40'29"West 2578.30 feet; thence South 26°19'45"East 98 00 feet to the centerlme of said parcel;thence along said centerline,North 63040'29"East 116102 feet;thence South 26°19'31" East 98.00 feet to the southeasterly line of said of said parcel; thence along said southeasterly line, North 63040'29" East 400 00 feet; thence North 26°19'31" West 98 00 feet to said centerline; thence along said centerline, North 63'40'29" East 968 40 feet to the easterly line of said parcel, also being the centerline of Graham Street as shown on that map filed in Book 92, Pages 19 through 28 of Record of Surveys in the office of the County Recorder of said county; thence along said easterly line,North 00° 10'50"East 109.51 feet to the POINT OF BEGINNING. END OF DESCRIPTION Prepared- August 12,2015 Cif/ 'yiy�0 LAND Paul P Huddlesto Jr., S No 7083 '� hUDOLfsr �c�o�tll Dade. d f Q L 5 7083 f NO SCALE SITE Ku'u. NORIHFASMY CORN'1 R Or'"PARM PCL. A S(ltlti WTERLY COWU OF `P tEL A' w PER INSTRUMENT NO, 19960479182 OR- INS i. NO( 19960479182 O.R. LEASE PARCEL 1 INS ' LEASE PARCEL 2 ; $ - N76019'31'w SiA"1'ER M UE LEASE PARCEL 3 ` �`•* �CPA (TEW6 CWRYCON UCTiON PARCZW L WINTERSBURG CHANNEL, CITY OF HUNTINGTON BEACH NO SCALE LOCATION Exhibit B I ti __b_►! .•�� SHEA HOMES&C1717YY OF HUNTINGTON BEACH APNs 110-01 G-19,20&21 �Y , . ; � •. - E -�' ., ' � GENERAL LEASE- � RIGHT-OF-WAIF USE 'st" n�4,'� •,'V _ p; ,_< < - ORANGE COUNTY MAP SOURCE:USGS QUAD `l his`Cxhibir is`solely for purposes d generally defining the lease premiss,is Wed on unve- iFed information provided by the Lessee or other pirdes aiid is not inrcmjed to be,nor shall it be construed as,a waiver or limitation of any Suite interest in the subject or any other property. 'rsasv��r�s EXHIBIT C CALIFORNIA STATE LANDS COMMISSION MITIGATION MONITORING PROGRAM PARKSIDE ESTATES (State Clearinghouse No 97091051) The California State Lands Commission (Commission) is a responsible agency under the California Environmental Quality Act (CEQA) for the Parkside Estates Project (Project) The CEQA lead agency for the Project is the city of Huntington Beach (City) In conjunction with approval of this Project, the Commission adopts this Mitigation Monitoring Program (MMP) for the implementation of mitigation measures for the portion(s) of the Project located on Commission lands The purpose of a MMP is to discuss feasible measures to avoid or substantially reduce the significant environmental impacts from a project identified in an Environmental Impact Report (EIR) or a Mitigated Negative Declaration State CEQA Guidelines section 15097, subdivision (a), states in part ' In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects A public agency may delegate reporting or monitoring responsibilities to another public agency or to a pnvate entity which accepts the delegation, however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program The lead agency has adopted a MMP for the whole of the Project (see Exhibit C, Attachment C-1) and remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with its program The Commission's action and authority as a responsible agency apply only to the mitigation measures listed in Table C-1 below Any mitigation measures adopted by the Commission that differ substantially from those adopted by the lead agency are shown as follows • Additions to the text of the mitigation measure are underlined, and • Deletions of the text of the mitigation measure are shown as s+r�ut or as otherwise noted The State CEQA Guidelines are found at California Code of Regulations, Title 14, section 15000 et seq October 2015 Page C-1 (of 2) Parkside Estates Exhibit C— CSLC Mitigation Monitoring Program Table C-1. Project Impacts and Applicable Mitigation Measures. Difference Between Potential Impact Mitigation Measure(MM)2 CSLC MMP and Lead Agency MMP AQ-1 The proposed project is anticipated MMs 1 through 6 under Air Quality Assigned numbers to to exceed SCAQMD's daily threshold (refer to Attachment C-1, pages 4 impacts emission levels for NOx during through 6) construction activities Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact AQ-2 The City-approved/CCC-revised MMs 7 and 8 under Air Quality Assigned numbers to project would not exceed SCAQMD's (refer to Attachment C-1, page 7) impacts daily threshold emission levels for CO and ROC, however mitigation measures 7 & 8 would still apply to reduce the alternative project's long-term incremental contribution to the air quality impact AQ-3 The proposed project, in MMs 1 through 6 under Air Quality Assigned numbers to conjunction with other past, present, and (refer to Attachment C-1, pages 4 impacts reasonably foreseeable future projects, through 6) will result in a short-term air quality impact due to construction activities The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact AQ4 The proposed project, in MMs 7 and 8 under Air Quality Assigned numbers to conjunction with other past, present, and (refer to Attachment C-1, page 7) impacts reasonably foreseeable future projects, will result in significant cumulative long- term impacts to air quality NN=1 The proposed project has the MMs 1 and 2 under Noise (refer to Assigned numbers to potential to result in significant short-term Attachment C-1, pages 7 and 8) impacts noise impacts during exterior and interior construction activities ER-3 Potential impacts may result from MMs 1 and 2 under Earth Assigned numbers to ground shaking Resources (refer to Attachment C- impacts 1, page 9) HYDA The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts to drainage (refer to Attachment C-1, page 11) impacts HYD-2 The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts associated with (refer to Attachment C-1, page 11) impacts flooding HYD-3 The proposed project may result MM 2 under Drainage/Hydrology Assigned numbers to in potential impacts to water quality (refer to Attachment C-1, page 11) impacts HYD4 The proposed project would MMs 1 through 3 under Drainage/ Assigned numbers to contribute to potential cumulative drainage, Hydrology(refer to Attachment C-1, impacts flooding, and water quality impacts page 11 and 12) 2 See Attachment C-1 for the full text of each MM taken from the MMP prepared by the CEQA lead agency October 2015 Page C-2 (of 2) Parkside Estates ATTACHMENT C-1 Mitigation Monitoring Program Adopted by the The City of Huntington Beach REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"Hidres"have been met or are not REVISED PROJECT applicable LAND USE COMPATIBILITY Prior to recordation of a final Iract map the applicant N/A N/A N/A N/A N/A The affordable units are currently off-site must salrrfv the City s policy requiring 10 percein of within the City, therefore the Mitigation proposed units to he affordahle 7his requirement must he Measure has been satisfied satisfied to the discretion of the City Department of Planning through one ojihe following methods a Pav a fee to the City,f such a process i s available h Participate with other developers or a non-profit organization to acquire and/or rehahilitate existing apailment unity at any off-site location within a smtahle area and provide for continued affordahilitv or c Provide the required affordahle unity alone of Shea Homes'figure iuulti family projects within the City of Huntington Beach This mitigation measure has been satisfied The proposed project, in conjunction with N/A N/A N/A N/A N/A other past,present,and reasonably foreseeable fiiture projects, may result in inconsistencies Mitigation Measure 1 above has been implemented with the City's Affordable Housing Policy AESTHETICS/LIGHT AND GLARE i Prior to approval of building permits,the applicant shall Prior to approval Applicant Plan Check City option Planning The City-approved/CCC-revised may be provide proof of incorporation of City comments / ofbuildmg to Department perceived as having a substantial, conditions related to the overall proposed design and permit implement demonstrable,negative aesthetic effect due to layout of buildings, and landscaping This design and as needed the reduction ofviewable open space areas layout of buildings shall be approved by the City Department of Planning 2 Prior to issuance of building permits the applicant shall Prior to issuance Applicant Plan Check Once upon Planning submit a landscaping plan for the area outside the ofbuilding completion Department perimeter wall along Graham Street to be reviewed and permits approved by the City Department of Planning 1 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CiTV-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The City-approved/CCC-revised project would 3 Prior to approval ofhudding permits the apphcant shall N/A N/A N/A N/A N/A not result in the removal of eucalyptus trees provide a Landscape Plan to be approved by the and therefore mitigation measure 3 would not Department of Public Works and the Dcpar/menl of be required Planning which includes the replacement of all mature trees on the site at a 2 l ratio with 36-inch bor irccs This measure was not applicable to 2002 approved or revised project No eucalyptus trees will be removed The proposed project may result in impacts to 4 Prior to approval of building permits the applicant shall Prior to approval Applicant Plan Check Once upon Planning County-proposed trails submit a bikeways plan to the City of Huntington Beach ofbuildmg completion Department Planning Department,in consultation with the Manager permit of the County PFRD/HBP Piogram Management and Coordination, for approval of consistency with the Orange County Bikeway Plan LIGHT AND GLARE I Prior to the approval of building permits, the applicant Prior to approval Applicant Plan Check Once upon Planning and On-Site shall prepare a plan,which shows the proposed height, ofbuildmg completion Public Works location,and intensity of street lights on-site The plan permits Department The project's development will increase the shall comply with minimum standards for roadway generation of light and glare on-site with on- lighting,and shall be reviewed and approved by the City site velucle-related increases In addition, die Planning and Public Works Departments proposed project may result in an impact on the surrounding residential developments 2 Prior to the approval of building permits, if outdoor Prior to approval Applicant Plan Check City option primarily to the north,and to some extent,to lighting is to be included, energy saving lamps shall be ofbuildmg to the east used All outside lighting shall be directed to prevent permits implement "spillage"onto adjacent properties and shall be shown on as needed the site plan and elevations 3 Non-reflective materials shall be utilized to the extent Prior to approval Applicant Plan Check City option feasible individual building site plans shall be reviewed ofbuildmg to and approved by the City Planning and Public Works permits implement Department as needed Off-Site Lighting from the proposed development may Mitigation Measures 1 through 3 above shall be implemented result in light and glare impacts to adjacent off-site uses 2 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLENIENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CiTY-APPROVED/2008 CCC- Those measures in"itahcs"have been met or are not REVISED PROJECT applicable TRANSPORTATION/CIRCULATION 1 Prior to the Issuance of grading permits,the applicant shall Prior to Issuance Applicant Grading Permit City option City Engineer The proposed project will result in short-term coordinate with the City of Huntington Beach in developing of grading Review to implement construction related impacts due to the addition a truck and construction vehicle routing plan(including dirt permits as needed of truck and construction vehicle traffic import haul route) This plan shall specify the hours in Depending on the location of the haul route, which transport activities can occur and methods to traffic impacts along the selected route may minimize construction related impacts to adjacent occur residences The final plan shall be approved by the City Engineer The proposed project may result in impacts to 2 Prior to time final inspection,the applicant shall construct a During Applicant Final inspection Once upon City Engineer pedestrian,bicycle,and vehicular safety related traffic signal and improve the intersection at the proposed construction completion to the establishment of access and an on-site "A"Street and Graham Street circulation system 3 Prior to the issuance of building permits,the applicant shall Prior to issuance Applicant Construction Once upon City Enlnneer demonstrate to the satisfaction of the City Traffic Engineer of building Review completion that standards(including ADA)regarding pedestnan/bicycle permits safety along the perimeter sidewalks will be met 4 Prior to the final inspection the applicant shall be During Applicant Final inspection Once upon City Engineer iesponsible for restnping Graham Street from Glenstone to Construction completion the project access("A"Street)as follows • Two 7 foot bikelanes,one 12'through lane in each direction,and a 14'two-way left turning median Additionally,the applicant shall be responsible for restnping Graham Street from A" street to Wainer Avenue, as follows • Two 7 foot bikelanes,one 18'through lane in each direction,and a 14'two-way left turning median The improvements shall be approved by the City Engineer 3 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CiTY-APPROVED/2008 CCC- Those measures in"ttnhcs"have been met or are not REVISED PROJECT applicable The proposed project in conjunction with other 5 Prior to final inspection the applicant shall pay the Prior to issuance Applicant Building permit City option City Engineer past,present and reasonably foreseeable future applicable Traffic impact Fee (TIF) for the City of ofbuilding issuance to implement projects will result in level of service Huntington Beach The actual allocation shall be permits as needed deficiencies at the intersections Bolsa Chica approved by the City Appropriate credits shall be granted Street and Warner Avenue and Graham Street toward the TIF The TIF shall cover the project's fair and Wainer Avenue under the year 2020 share of year 2020 improvements to the arterial street condition system such as • Bolsa Chica Street/Wamer Avenue — ieconfigure intersection for east/west traffic to provide dual left turns and either three throughs or two throughs and an exclusive right turn lane This deficiency is a product of cumulative growth and not a direct result of the proposed project Graham Street/Warner Avenue — reconfigure intersection to provide an exclusive southbound right tum lane from Graham Street to Warner Avenue This deficiency is a product of cumulative growth and not a direct result ofthe proposed project AIR QUALITY 1 During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning and The proposed project is anticipated to exceed responsible for compliance with the following and construction inspection to implement Public Works SCAQMD's daily threshold emission levels for as needed Departments NO,during construction activities Further,the A During clearing, grading, earth moving, or AQ-1 addition of enussions to an air basin designated excavation, maintain equipment engines in proper as non-attamment is considered under CEQA to tune be a significant impact B After clearing,grading,earth moving,or excavation 1) Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary,to maintain the crust and prevent dust pick up by the wind 2) Spread soil binders,and 3) Implement street sweeping as necessary 4 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CiTY-APPROVED/2008 CCC- Those measures in"itahes"have been met or are not REVISED PROJECT applicable C During construction 1) Use water trucks or spnnkler systems to keep all areas where vehicles move damp enough to AQ-1 prevent dust raised when leaving the site cont'd 2) Wet down areas in the late morning and after work is completed for the day, 3) Use low sulfur fuel (05% by weight) for construction equipment D Phase and schedule construction activities to avoid high ozone days E Discontinue construction during second stage smog alerts 2 During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning and iesponsible for compliance with the following (or other and construction Inspection to Public Works reasonably equivalent measures as required by the City implement Departments Engineer) as needed A Require a phased schedule for construction activities to minimize daily emissions B Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods C Treat unattended construction areas with water (disturbed lands which have been,of are expected to be unused for four or more consecutive days) D Require the planting of vegetative ground cover as soon as possible on construction sites E Install vehicle wheel-washers before the roadway entrance at construction sites F Wash offtrucks leaving site G Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides H Use vegetative stabilization, whenever possible, to control sail erosion from stonn water especially on super pads I Require enclosures or chemical stabilization of open storage piles of sand,dirt,or other aggregate matenals 5 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures In"Italics"have been met or are not REVISED PROJECT applicable 1 Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards AQ-1 K Use electricity from power poles rather than cont'd temporary diesel or gasoline power generators when practical 3 During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning/ responsible for assuring that vehicle movement on any and construction Construction to Public Works unpaved surface other than water trucks shall be Review implement Departments terminated if wind speeds exceed 15 mph as needed 4 During grading and construction, the applicant shall be During grading Applicant Grading/ City option Planning/ responsible for the paving of all access aprons to the and construction Inspection to Public Works pI oject site and the maintenance of the paving Implement Departments as needed 5 Prior to Issuance of grading permits,the applicant shall be Prior to Issuance Applicant Grading/ City option Planning/ responsible for assuring that construction vehicles be ofgrading Inspection to Public Works equipped with proper emission control equipment to permits Implement Departments substantially reduce emissions as needed 6 Prior to Issuance of grading permits,the applicant shall be Prior to Issuance Applicant Grading/ City option Planning/ responsible for the incorporation of measures to reduce ofgrading Inspection to Public Works construction related traffic congestion into the project permits Implement Departments grading permit Measures, subject to the approval and as needed verification by the Public Works Department shall include, as appropriate • Provision of rideshare incentives Provision of transit incentives for construction personnel Configuration of construction parking to minimize traffic interference • Measures to minimize obstruction of through traffic lanes Use of a flagman to guide traffic when deemed necessary 6 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The City-approved/CCC-revised project would 7 Prior to the final inspection, the applicant shall provide Prior to Issuance Applicant Building permit City option Planning and AQ-2 not exceed SCAQMD's daily threshold emission proof to the City's Traffic Engineer that the project has of building issuance to Public Works levels for CO and ROC, however mitigation contributed its `fair-share' towards regional traffic permits implement Departments measures 7&8 would still apply to reduce the improvement systems (i e, traffic impact fees) for the as needed alternative project's long-term incremental area This shall include efforts to synchronize traffic contribution to the air quality impact lights on streets impacted by project development 8 Prior to the final inspection,the applicant shall provide Pi or to plan Applicant Final inspection City option Planning and proof that energy saving features have been installed in check to Public Works project homes as required by the Umforn Building Code implement Departments Features may include solar or low-emission water as needed heaters, energy efficient appliances, double-glass paned windows,low-sodium parking lights,etc The proposed project,in conjunction with other AQ-3 past,present and reasonably foreseeable future projects, will result in a short-term air quality impact due to construction activities The Mitigation Measures 1 through 6 above shall be implemented addition of emissions to an an basin designated as non-attainment is considered under CEQA to be a significant impact AQ-4 I The proposed project,in conjunction with other past,present,and reasonably foreseeable future projects, will result in significant cumulative Mitigation Measures 7 and 8 above shall be implemented long-term impacts to air quality NOISE 1 Prior to issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option Planning N-1 The proposed project has the potential to result submit and have approved a noise mitigation plan to the of grading Review to Department in significant short-term noise impacts during Department of Planning that will reduce or mitigate short- permits unpleinent exterior and interior construction activities term noise impacts to nearby noise sensitive The plan as needed shall comply with the City of Huntington Beach Noise Ordinance and shall include,but not be limited to A A criteria of acceptable noise levels based on type and length of exposure to construction noise levels B Physical reduction measures such as temporary noise barriers that provide separation between the source and the receptor, temporary soundproof structures to house portable generators,and C Temporary enerators(ifimlized)shall be located as 7 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable far as practical from sensitive noise receptors D Mitigation measures such as restrictions on the time of construction for activities resulting in high noise N-1 levels cont'd 2 Prior to Issuance of grading permits,the applicant shall Prior to issuance Applicant Giadmg Pernut City option City Engineer produce evidence acceptable to the City Engineer that of grading Review/ to permits Construction implement A All grading and construction vehicles and Review as needed equipment,fixed or mobile,shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation B Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors C All operations shall comply with the City of Huntington Beach Noise Ordinance Based on the distance of on-site and off-site 3a Prior to issuance ofgrading permts the applicant shall N/A N/A N/A N/A N/A homes to the park and the barriers included as product evidence (specifications)acceptable to the City part of the recommended project(i a passive that the new walls, tf constructed along the project s paseo park and slope), the proposed norlhcrn property (along the rear property lint of lot recommended project is not anticipated to #103 to lot #123 on Kenilworth Drive and the side result in significant noise impacts from property lint c oflois#l25 and a126 on Gieenlcaf l ane of recreational activities at the proposed park site Tract 5792) will be constructed to achieve maranum sound attenuation This mitigation measure is no longer applicable to the revised project due to CCC suggested modifications that reduced active park froni 8 4 acres to 1 6 acres 3b Prior to issuance of grading pemuts, the applicant shall Prior to issuance Applicant Grading Permit City option Planning produce evidence(specifications)acceptable to the City ofgradmg Review/ to Department that the new walls if constnucted, along Graham Street penmts Construction implement (along the project's boundary adjacent to the proposed Review as needed homes)will be construction to achieve maximum sound attenuation The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will not result in a significant Mitigation Measure 3 above is no longer applicable to revised incremental increase 0 8 dBA in traffic nois project 8 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable levels in the year 2020 Noise levels in excess of 65 CNEL are not anticipated considering the sound reduction effects of the proposed wall along the northern property line and along Graham Street EARTH RESOURCES I Prior to the issuance of a grading permit, the Prior to issuance Applicant Grading Permit City option City Engineer Significant settlements of peat deposits within recommendations contained in Section 7 0 of the of a grading Review to the upper 5 feet could continue over the design geotechnical study, located in Appendix E of the EiR permit implement life of the structures without mitigation in the shall be incorporated into the earthwork activities of the as needed form ofremoval and/or surcharge proposed project to the satisfaction of the City Engineer Earthwork activities include grading, clearing and demolition, site preparation, unsuitable soil removals, backcuts,excavation processing,compaction of all fills, mixing, benching, inspection, survey control, subgrade preparation, cut and fill slope construction, haul roads, import soils, structural load and settlement/subsidence measures,and storm dram relocation 2 Prior to the issuance of a building pent, the Prior to issuance Applicant Plan Check City option City Engineer recorrimendatons contained in Section 8 0 of the of building to geotechnical study,located in Appendix E of the EIR,shall permit implement be incorporated into the structural design of the proposed as needed project to the satisfaction of the City Engineer Structural designs activities include Foundation Design, Settlements including Foundation Loads and Seismically Induced Settlements, Post-Tensioned Slab/ Foundations, Mat Foundations,Other Foundation Recommendations such as Footing Embedment, Underslab Treatment,and Subgrade Moisture Content, Concrete Driveways, Sidewalks, and Flatwork, Structural Setbacks, Retaining Walls, Other Design and Construction Recommendations such as Lot Drainage, Utility Excavations, Utility Trench Backfill Corrosion,Metallic Structures,and Concrete Structures 9 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"aahes"have been met or are not REVISED PROJECT applicable The potential exists for significant impacts from the on-site mildly to severely corrosive Mitigation Measures 1 and 2 above shall be Implemented soils, soils with poor pavement support characteristics, low shear strength and shrinkage Potential Impacts may result from ground Mitigation Measures 1 and 2 above,and Prior to Issuance Applicant Plan Check City option Building and shaking of budding to Safety 3 Prior to issuance of a budding permit,it shall be proven permit implement Department ER-2 to the Department of Building and Safety that all as needed structures are designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake Potential impacts may result associated with Mitigation Measure I above shall be implemented Liquefaction and Seismic Settlement The proposed local dewatering may result in 4 Prior to the issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option Public Works subsidence of adjacent properties along the contract with a dewatenng expert to prepare a detailed of grading Review to Department project s northern property boundary Dewatenng Plan This plan shall include the placement of permits implement monitoring wells near the northern property line to evaluate as needed ground water levels during the proposed project dewatenng activities The dewatenng activities shall be adjusted immediately if the monitoring wells show ground water level changes which may effect subsidence of adjacent properties The Dewatenng Plan shall be reviewed and approved by the Department of Public Works Groundwater impacts may occur Mitigation Measure 4 above shall be implemented The potential exists for impacts from 5 Prior to the issuance of a grading permit, Phase II Prior to issuance Applicant Grading Permit City option Public Works hazardous materials to occur environmental soil sampling shall be conducted to of a leading Review to Department determine the residual levels of pesticides in the soil If permit implement inappropnate/unsafe levels are identified by this analysis, as needed "clean up" measures shall be recommended and implemented The Phase II sampling and any necessary measures shall be approved by the Department of Public Works 10 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable 6 Prior to the final inspection, testing to verify the During Applicant Final inspection City option Planning estimated radon gas levels shall be implemented as constriction to Department deemed necessary by the Department of Planning implement as needed DRAINAGE/HYDROLOGY The proposed project may result in potential 1 Pnoi to the issuance of building permits, the project Prior to issuance Applicant Building Permit City option Public Works impacts to drainage applicant shall implement conditions of the Public Works of building Review to Department Department regarding stone drainage improvements permits implement HYD-1 which shall include,but not be limited to as needed Construct die necessary stone drainage improvements (identified on Exhibit 42 within the FIR)to handle increased flows and intercept off-site flows • Ensure that fiture building pads are placed at elevations suitable to withstand 100-year flood • Construct the necessary improvements to the East Garden Grove—Wintersburg Channel (C05)along the site's developed edge The proposed project may result in potential Mitigation Measure 1 above shall be implemented HYD-2 I impacts associated with flooding The proposed pioject may result in potential 2 Prior to issuance of any grading permits, the applicant Prior to issuance Applicant Giadmg Pemut City option City Engineer impacts to water quality shall submit a"Notice of Intent"(NOI),along with the of grading Review to requued fee to the State Water Resources Contiol Board permits implement HYD-3 to be covered under the State NPDES General as needed Construction permit and provide the City with a copy of the written reply containing the discharger's identification number 3 Prior to the issuance of the grading permits,the applicant Prior to issuance Applicant Grading Permit City option City Engineer shall provide a Water Quality Management Plan showing of grading Review to conformance to the Orange County Drainage Area permits implement Management Plan and all NPDES requirements(enacted as needed by the EPA) for review and approval by the City Engineer The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate 11 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable HYD-4 I The proposed project would contribute to cont'd potential cumulative drainage, flooding, and Mitigation Measures 1 through 3 above shall be implemented water quality Impacts BIOLOGICAL RESOURCES I If project grading construction is scheduled during the Prior to Applicant Grading Permit City option Planning The proposed project may result in impacts to normal breeding season for red-tailed hawk and other issuance of Review to Department affected species locally and regionally raptors locally (February to July), a survey shall be grading permits implement conducted for active nests Prior to the issuance of as needed grading pei nits, should any active nests be located within the zone of potential disturbance, constriction activities shall be limited to areas 500 feet away fiom the nest until the young have fledged and have begun foraging away from the nest site The 500 foot protection zone shall be fenced with visible warning-color materials Nest trees shall be removed during the non- breeding season only 2 Welland unpacty to the tsolated pocket wetlands shall be N/A N/A N/A N/A N/A The`originally"proposed project may result mitigated at a ratio ofa l(square footage ofwetlands to in potential impacts to pocket wetland habitats square footage offtll) the Coastal Development Permit on the County parcel shall rtquirc that mitigation for the fill of flit pocket wetlands be implemented prior to the issuance of a The City-approved/CCC-revised would not grading permit for the County Parcel The mitigation result in removal impacts to the County parcel site shall bt on-site or within the Bolva Chico Lowlands wetland habitats and therefore mitigation unlcsv the I owlands arc sold to a ncsr landowner and measure2 would not be required the new landowner is unwilling to allow the proposed mitigation to proceed In such a case, the developer of the site shall find an alternative mitigation site Phe total mutgation for the loss of two small patches of degraded pickleweed habitat shall include file preservation and enhancement of 2 acres of appropriate wildlife habitat per the Department of fish and Game This mitigation measure was not applicable to 2002 approved or revised project There will be no development within the County parcel 12 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The project, in conjunction with other past, present, and reasonably foreseeable future Mitigation Measure 2 above is no longer applicable projects, will incrementally contribute to the cumulative loss of biological m esources CULTURAL RESOURCES 1 Prior to Issuance of a grading permit, the applicant shall Prior to issuance Applicant Grading Pennit City option Planning The proposed project may result in a significant conduct a subsurface test investigation for CA-ORA-1308 ofgradmg Review to implement Director impact on archaeological sites CA-ORA-1308 and 1309 to determine the horizontal boundaries of the sites permit as needed and 1309 as well as to confirm the surface conclusions of non- significance as indicated in the March, 1997 Archeological Assessment This may be accomplished through the mechanical excavation of a number of auger holes as well as two Ixl-meter hand excavated units for suiHigraphic control The subsurface test investigation,which includes discussion of significance (depth, nature, condition, and extent ofiesources),final mitigation recommendations,and const estimate,shall be submitted to the Planing Director for review and approval 2 Prior to Issuance of a grading permit, the applicant shall Prior to issuance Applicant Grading Permit City option Planning create(if deemed necessary through Measure I above)a ofgrading Review to Director cultural resource management plan based on test results A permit implement full data recovery program shall be designed if site as needed avoidance is not feasible through design Possible recovery plans include,but are not limited to,preservation,salvage, partial salvage,or no mitigation necessary The plan shall include consultation with the appropriate Native American Organization and be reviewed and approved by the Planning Director Additionally,the plan shall require peer review in conformance with the Coastal Commission's Archeological Guidelines 3 Pnot to issuance of a grading permit,the applicant shall Prior to issuance Applicant Grading Permit City option Planning provide written evidence that a certified archaeologist has ofgradmg Review to Director been retained,shall be present at the pre-grading meeting/ permit implement conference, shall establish procedures for archaeological as needed resource surveillance, and shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification,and evaluation of the artifacts as appropriate 13 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITV-APPROVED/2008 CCC- Those measures in"ifnlres"have been met or are not REVISED PROJECT applicable The archeological resource surveillance procedures shall include a provision for Native American review of grading operations If additional or unexpected archaeological features are discovered,the archeologist shall report such findings to the applicant and to the Department of Planning and the appropriate Native American Organization If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, I cooperation with the applicant, for exploration and/or salvage These actions, as well as final mitigation and disposition of the resources,shall be subject to the approval of the Planning Director 'lie proposed project in conjunction with other past,present,and reasonably foreseeable future projects will incrementally contribute to the Mitigation Measures 1 through 3 above shall be implemented cumulative loss of potentially significant cultural resources PUBLIC SERVICES AND UTILITIES Fire implementation of the above measures will 1 Prior to approval of building permits,building plans shall Prior to approval Applicant Plan Check City option Fire mitigate all project-specific impacts to public be submitted to and approved by the Fire Department If ofbuildmg to Department services and utilities to a level less than during the Fire Department's plan check it becomes permits implement significant evident that foreground operations will become Impeded, as needed the department will impose additional fine code requirements I addition to the automatic sprinkler systems,alarm systems,access I oads,etc Police 2 Prior to issuance of building permits, the Police Prior to issuance Applicant Plan Check City option Police Department shall be consulted during preliminary stages ofbuilding to Department of the project design to review the safety features, permits implement determine their adequacy,and suggest Improvements as needed 3 During construction and at complete buildout,the project During Applicant Constriction Once upon Police shall provide easy access into and within the project site construction and completion Department for emergency vehicles and addresses shall be well at complete marked to facilitate response by officers Prior to the first buildout and final inspection, project site plans depicting these during plan requirements shall be reviewed and approved by the check Police Department 14 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable Schools 4 Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning provide school fees to mitigate conditions of of building completion Department overcrowding as part of building permit application permits These fees shall be based on the State fee schedule in effect at the time of building permit applications 5 Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning show proof of compliance with the Mitigation Agreement of building completion Department established between the Huntington Beach Union High permits School District, subject to the approval of the City of Huntington Beach Water 6 Prior to issuance of grading permits,the developer shall Prior to issuance Applicant Grading Pernut City option Public Works submit a hydraulic computer water model analysis for the of grading Review to Department development proposed on the City parcel which permits implement addresses the following as needed a Water demand recurred by nrolect (fire flow demand as determined by the Fire Department) b Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(i e H2ONET)must be nun with the proposed land use demands(i e GPA),and contrasted with the model inn using the existing land use demands, (i e the General Plan, in effect at the time the Water Master Plan was adopted) The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (1-12ONET),for a fee to be paid by the developer a minimum of 30 days in advance If the analysis shows that project demands cannot be met with the City's current water system,the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City 7 Prior to final inspection,the following water conservation Plan Check Applicant Final inspection Once upon Public Works measures shall be implemented as required by state law completion Department a Ultra-low-flush toilets 15 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or ai a not REVISED PROJECT applicable b Ultra-low-flow showers and faucets c insulation of hot water lines in water recirculating systems d Compliance with water conservation provisions of the appropriate plumbing code 8 Prior to final inspection Issuance water pressure Plan Check Applicant Final inspection Once upon Public Works iegtdators to limit downstream pressure to a maximum of completion Department 60 psi shall be installed 9 Prior to Issuance of building permits, pervious paving Prior to Issuance Applicant Plan Check Once upon Public Works material shall be used whenever feasible to reduce surface of building completion Department water nmoff and aid in groundwater recharge and slopes permit and grades shall be controlled to discourage water waste through nmoff 10 Prior to final inspection, the applicant shall provide CC&R review Applicant Prior to final Once upon Public Works information to prospective residents regarding benefits of snap recordation completion Department low water use landscaping and sources of additional assistance in selecting irrigation and landscaping 1 I The Water Division and Park, Tree, and Landscape During design Applicant Plan Check/ City option Public Works Division of the City's Public Works Department shall be and construction Construction to Department consulted during design and constriction of the Park for implement further water conservation measures to review irrigation as needed designs and drought tolerant plant use, as well as measures that may be incorporated into the pioject to reduce peak hour water demand 12 Prior to issuance of grading permits,the developer shall Prior to issuance Applicant Grading Permit City option Public Works submit a hydraulic computer water model analysis for the of grading Review to Department portion of the project to be developed on the County permit implement parcel,which addresses the following as needed a Water demand required by oroiect (fire flow demand as determined by the Fire Department) b Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(I e H2ONET)must be run with the proposed land use demands(I e GPA),and contrasted with the model run using the existing land use demands,(I a the General Plan in effect at the 16 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"itahcs"have been met or are not REVISED PROJECT applicable time the current Water Master Plan was adopted) The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2ONET),for a fee to be paid by the developer a minimum of 30 days in advance The developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project proposed development on the County parcel, at no cost to the City Any incremental impacts to the City's water system would need to be mitigated to the satisfaction of the Department of Public Works-Water Division The annexation of the County parcel into the /3 Prior to the issuancc of building pernuls for any lot N/A N/A N/A N/A N/A City of Huntington Beach and to the OCSD within the parcel within the County of Orange the occurred subsequent to certification of the applicant shall show prooffrom GAICO of approval of Final EIR Thus, the requirements of annexation of the County parcel into the (ay of Mitigation Measure 13 have been satisfied, Huntington Beach and the Orange County Sanitation and there is no change in the conclusion of the District subject to the approval of the City Planning and Final EiR that this impact is reduced to below Public Works Departments a level of significance with implementation of imtigation This Mitigation Measure has been satisfied 14 Irrigation systems within the Park which minimize water Prior to issuance Applicant Plan Check City option Planning& waste,shall be used to the greatest extent possible Such ofbuildmg to Public Works measures should involve, where appropriate, the permits implement Departments following features as needed a Raised planters and bennmg in conjunction with closely spaced low volume, low angle (22 degree)sprinkler heads b Drip irrigation c Imgation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses d The use of reclaimed water for irrigated areas and grass lands The project applicants shall connect to the Orange County Water District's"Green Acres" system of reclaimed water should this supply of water be available Separate irrigation services shall be installed to ease this transition 15 Landscape and irrigation plans for the Park which Pnor to Issuance Applicant Plan Check Once upon Public Works 17 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable encourage minimized use of lawns and utilize warm ofbuilding completion Department season,drought tolerant species shall be submitted to and permits approved by the Water Division and Park, Tree and Landscape Division Sewer 16 Prior to the Issuance of building permits, the property Prior to Issuance Applicant Plan Check Once upon Public Works owner(Shea Homes)shall construct the new sewer lift ofbulldmg completion Department station and force main in accordance with the City- permits approved Sewer Plan for the proposed project and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands Natural Gas 17 Pnol to Issuance of building permits, the Southern Prior to issuance Applicant Plan Check Once upon Public Works California Gas Company or designated natural gas ofbulldmg completion Department provider shall be consulted with during the building permits design phase for further energy conservation measures Electricity 18 Prior to issuance of building permits, SCE shall be Pm mor to issuance Applicant Plan Check Once upon Public Works consulted with during the building design phase for ofbulldmg completion Department further energy conservation measures permits The proposed project will create increased Mitigation Measures 1 through 18 above shall be demand for public services and utilities on a implemented local and regional basis Additionally, the project,in conjunction with other past,present and reasonably foreseeable future projects, will cieate an increased demand on fire, police, schools, community services, water, sewer,natural gas,and electrical services and facilities 18 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"itahes"have been met or are not REVISED PROJECT applicable FROM INITIAL STUDY/NOP NATURAL RESOURCES/ENERGY I Building design and construction shall comply with the Prior to approval Applicant Plan Check Once upon Director of The proposed project may result in impacts to Energy Conservation Standards set forth In Title 24 of the of building completion Building and natural resources and energy California Administrative Code Prior to approval of permits Safety budding permits for the Specific Plan,architectural and engineering plans shall be subject to the review and approval of the Director of Building and Safety to ensure conformance with these standards Energy conservation features should include • Installation of thermal insulation in walls and ceilings, which meet or exceed State of California,Title 24 requirements • Insulation of hot water pipes and duct systems Use of natural ventilation where possible • Use of natural gas for space heating and cooking Installation of ventilation devices • Orientation to sunlight and use of overhangs • Landscaping with deciduous trees, to provide shade in the summer months and allow sunlight through in the winter months Public Services and Utilities Telephone Prior to Issuance Applicant Plan Check Once upon Public Works The proposed project may result in Impacts ofbuildmg completion Department regarding the need for new telephone service 1 Prior to Issuance of building permits,budding plans shall permits to die site be submitted to GTE enabling GTE to assess the improvements necessary to provide adequate service to the project site The proposed project may result in impacts to Lnbiary Prior to issuance Applicant Building Permit Once upon Planning library facilities and services of building Issuance completion Department I The applicant shall provide development fees to mitigate permits conditions of increased demand as part of budding permit application These fees shall be based on the City fee schedule in effect at the time of future building permit applications 19 r tl REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"dahes"have been met or are not REVISED PROJECT applicable FROM INITIAL STUDY/NOP Solid Waste Disposal Prior to Issuance Applicant Plan Check Once upon Planning The proposed project may result in Impacts to ofbullding completion Director solid waste disposal services and facilities I To reduce the proposed project's Impacts on waste permits disposal facilities,project designs shall develop a means of reducing the amount of waste generated both during construction and when the project is in use The waste reduction program shall be approved by the Planning Director prior to Issuance of building permits Potential ways of reducing project waste loads include Implementation of recycling programs, and use of low maintenance landscaping when possible (I a native vegetation instead of turf) 2 Rainbow Disposal shall be contacted during the design Prior to Issuance Applicant Plan Check Once upon Planning stage of project components to ensure the most efficient of bmldmg completion Department and economical means for rubbish removal The designs permits shall include rubbish enclosures, projected travel areas, and turnabouts where necessary 20 e City Of Huntington Beach ,w�gnu 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 e www.huntingtonbeachca.gov Fnw�, Office of the City Clerk Eg 7) 790g � ' Joan L. Flynn, City Clerk December 22, 2015 California State Lands Commission Attn Drew Simpkin 100 Howe Ave Ste 100 South Sacramento, CA 95825 Dear Mr Simpkin Enclosed are three originals of"Lease No PRC — W 26738" for the Parkside Estates Subdivision by Shea Homes in Huntington Beach Upon complete execution, please return an original to us Please mail the document to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely, Joan L Flynn, CMC City Clerk JF pe USPS TRACKING# 9114 9411 6981 8661 6676 23 &CUSTOMER For Tracking or inquiries go to USPS com Enclosure RECEIPT or call l-800-222-1811 Sister Cities Anjo,Japan ® Wartakere,New Zealand ATTACHMENT #7 xe -159- Item 3. - 101 City of Huntingitin Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN Ili CITY CLERK NOTICE OF ACTION June 9, 2009 A Richard Fitch, Jr Hunsaker&Associates 3 Hughes Irvine, CA 92618 SUBJECT: Revised Tentative Tract MaR Nos. 15377(R) and 115419(R)l Entitlement Plan Amendment No. 08-08 (Revisions to Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18) Parkside Residential Development REQUEST: TTM: To revise previously approved plans for the Parkside residential development and subdivide approximately 45 acres into 111 numbered lots and 29 lettered lots (Revised Tentative Tract Map No 15377)for single family dwelling purposes including newly created, restored and preserved wetlands and buffer area, a protected Eucalyptus grove, a Natural Treatment System Water Quality basin (NTS), a vegetated flood protection barrier,a trail system, and dedication and improvement of an approximately 1 0 acre public active park and 0 57 acre public passive park, and subdivide approximately 4.8 acres into one(1) lot(Revised Tentative Tract Map No 15419)for open space and wetland restoration area EPA:To amend Conditional Use Pen-nit No. 96-90 and Coastal Development Permit No 96-18 (in concept) and reduce the number of single family dwelling units to 111 units, reduce the public park to 1 57 acres; and increase the amount of open space by creating, restoring, and preserving wetlands and buffer area, a protected Eucalyptus grove, a Natural Treatment System Water Quality basin (NTS), a vegetated flood protection barrier, and a trail system APPLICANT: A. Richard Fitch, Jr Hunsaker&Associates 3 Hughes, Irvine, CA 92618 LOCATION: 17301 Graham Street, (west side of Graham Street,south of Warner Avenue, adjacent to the Wintersburg Flood Control Channel) DATE OF ACTION: June 1, 2009 Sister Cities:Anjo, Japan Waitakere, New Zealand (Telephone'714-53"227) Item 3. - 102 HB -160- 3 < y S On Monday, June 1, 2009 the City Council of the City of Huntington Beach took action on your application and approved the Staff Recommendation for Tentative Tract Map Nos. 15377(R) and 15419(R),and Entitlement Plan Amendment No. 08-08 with Findings and Conditions of Approval (attached). This is a final decision_ You are hereby notified that pursuant to provisions of Section 1094 6 of the Code of Civil Procedure of the State of Caldomia you have ninety days from the date of mailing of this notice to apply to the court for judicial review Amendment to Coastal Development Permit No 96-18 is an approval in concept and future action by the California Coastal Commission South Coast Area Office California Coastal Commission 200 Cceangate, I e Floor Long Beach CA 90802-4304 (562) 570-5071 If you have any questions, please contact Scott Hess, Director of Planning at (714) 536- 5271 Sincerely, n 1. Flynn, CC City Clerk Enclosure Findings and Conditions of Approval Revised Tentative Tract Map No. 15377 and 154191 EPA 08-08, Action Agenda pages 2 through 5 c Scott Hass,Director of Planning Mary Beth Broeren,Principal Planner Rami Talieh,Senior Planner HB -161- Item 3. - 103 I FINDINGS.AND CONDITIONS OF APPROVAL REVISED TENTATIVE TRACT MAP NO. 15377 AND 154191 ENTITLEMENT PLAN AMENDMENT NO.08-08 (AMENDMENTS TO CONDITIONAL USE PERMIT NO.96-90 AND COASTAL DEVELOPMENT PERMIT NO. 96-18) (June 1,2009) FINDINGS FOR APPROVAL- REVISED TENTATIVE MAP NOS. 15377 AND 1 19: 1 Revised Tentative Tract Map No 15377 for subdivision of 45 acres into 111 single family residential lots and several lettered lots for open space and landscaped areas and Revised Tentative Tract Map No 15419 for the subdivision of approximately 4.8 acres into one(1) lot for open space and wetland restoration areas are consistent with the General Plan Land Use Element designations on the subject property, Local Coastal Program Land Use Plan, and other applicable provisions including the provisions for Planned Unit Developments 2 The site is physically suitable for the type and density of development The project site is generally flat and able to accommodate the type of development proposed from a circulation and drainage perspective. The site is required to be elevated in compliance with City's requirements for new construction and the Conditional Letter of Map Revision from FEMA approved June 6, 2002 and therefore, requires approximately 225,000 cubic yards of compacted fill The proposed fill and grade will permit the site to be developed consistent with adopted plans and will result to a gross density of 4 4 units per acre(net density of 5 7 units per acre), which is below the allowable density. 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 majority of the site and the entirety of the area of the development footprint has been previously used for farming and does not contain habitat for wildlife or fish Buffers between the residential uses and areas that will be preserved as open space are included in the design of the subdivision. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large,for access through or use of, property within the proposed subdivision unless alternative easements,for access or for use, will be provided No existing easements for the public at large will be affected by the project, The project will provide public access through the site to the Public Park and public trails in the vicinity FINDINGS FOR APPROVAL—ENTITLEMENT PLAN AMENDMENT NO.08-08 (AMENDMENT TO CONDITIONAL USE PERMIT NO.96- 0): 1 Entitlement Plan Amendment No. 08-08 for the development of 111 two-story, detached single family residential units as a Planned Unit Development(PUD), with a minimum lot size of 5,500 sq ft., an average lot size of approximately 6,200 sq ft, and typical 55'frontages, construction of a 10 acre active park, a 0.57 acre passive park and a 1.8 acre paseo park, retaining walls greater than two ft. in height, and Item 3. - 104 HB -1 62- development on a site with a grade differential of greater than three(3)feet from the low to the high point 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 neighborhood. The project will be graded to minimize drainage impacts while complying with the flood requirements of FEMA and the City. The proposed grade differential to adjacent residential properties will be mitigated through the use of substantial landscaped setbacks and tree requirements The project will include preservation of ESHA and the preservation and restoration of wetlands, which will be in preserved open space The project includes significant infrastructure improvements that will have regional benefits. 2 The entitlement plan amendment will be compatible with surrounding single family residential and open space land uses. The project includes two-story homes that are similar to the surrounding developments, it also incorporates buffer areas for aesthetics and intensified landscaping Open space areas are located adjacent to existing open space areas to maximize use and buffers. 3. The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Variations to the wall heights are permitted by conditional use permit and lot size and width variations are allowed as part of a planned unit development 4. The granting of the conditional use permit will not adversely affect the General Plan It is consistent with the Land Use Element designation of Low Density Residential and Open Space—Conservation In addition, it is consistent with the following goals and policies of the General Plan- Policy LU 9.2 1. Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development Policy LU 14.11: Accommodate the development of public parks, coastal and water- related recreational uses, and the conservation of environmental resources in areas designated for Open Space on the Land Use Plan Map. The proposed homes are compatible with existing homes in the area in terms of style, materials, and colors The buildings are well articulated and will have enhanced building elevations along street frontages The building pads are higher but there is a setback buffer along the north property line. The development will also include an approximately one acre public park and a network of trails. Furthermore, the development includes approximately 23.7 acres of land set aside for preservation of ESHA, wetlands and buffer areas. FINDINGS FOR APPROVAL IN CONCEPT—ENTITLEMENT PLAN AMENDMENT NO. 08-08(AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO.9648, 1, Entitlement Plan Amendment No 08-08 for the development of a 111-unit single family residential project including park and infrastructure improvements and the preservation of ESHA, wetlands and buffer areas within an area of deferred certification in the coastal zone as modified by conditions of approval, conforms with HB -163- Item 3. - 105 the General Plan and the Local Coastal Program The protect layout is consistent with the Low Density Residential and Open Space--Conservation land use designations on the property 2 The protect is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development complies with all development standards except for the increased retaining wall heights, and the minimum lot width and size, which are allowable in the RL district through the CUP process The development will be in compliance with City and FEMA requirements pertaining to flood protection 3 At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program The proposed protect will provide all required infrastructure consistent with the Local Coastal Program and City requirements in accordance with the protect phasing plan_ 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act The protect will not permanently impact public access or recreation opportunities in the coastal zone;the protect will add opportunities for access to surrounding trails and a proposed public park and will improve a proposed bikeway adjacent to the channel and the developed portion of the site. CONDITIONS OF APPROVAL—REVISED TENTATIVE TRACT MAP NOS. 16377 AND 15419: 1 Revised Tentative Tract Map No. 15377 and Revised Tentative Tract Map No. 15419 dated November 18, 2008, shall be the approved layout except as amended per the conditions stated herein and as follows a. Lot No 1 of Revised TTM 15419 shall be designated open space conservation area and shall be a part of the adjoining open space conservation area within Revised Tentative Tract Map No 15377 2. The final map for Tentative Tract Map No. 15377 shall not be approved by the City Council until Zoning Map Amendment No 86-5(R) and General Plan Amendment No 98-1(R)are approved and in effect, and a Local Coastal Program Amendment has been approved by the California Coastal Commission for the Implementation Plan. 3. At least 90 days before City Council action on the final maps„ CC&Rs shall be submitted to the Departments of Planning, Public Works and City Attorney's office for review and approval. The CC&Rs shall include the following. a. Special provisions and guidelines for the HOA to implement,fund, and regulate the maintenance of the Public Park softscape and landscape improvements,which includes the irrigation system,lawn:areas, ground cover areas, shrubs and all trees located within the Public Park(Active park area, Lot A); all common area landscaping, private drainage facilities and inlet structures; private Water{duality Treatment Systems,wetlands (existing and renaturalized); Passive Park(Lot ), emergency access road,the six foot Item 3. - 106 HB -1 64- concrete sidewalk adjacent to emergency access road linking Greenleaf Lane to Street"A"; Buffer Areas, Eucalyptus trees, bike trail links, slopes, decomposed granite walkways, open space areas along Graham Street; surface drainage for lots"B"thru "Z", and Lots"AA", "BB', and"CC" by the Homeowners Association (HOA). Maintenance includes all weeding, fertilizing, pest and disease control and plant replacements, the removal of non-native and/or invasive species, replacement of the original approved plant materials as required, tree trimming, irrigation adjustments, dust control/sweeping, as specified or designated structure or upkeep/ replacement equipment, and trash clean-up. The standards for maintenance shall be per the City adopted Arboncultural and Landscape Standards and Specifications and other relevant standards related to the improvements and shall include the Arboricultural maintenance section for public property for tree trimming and care within the common areas. The emergency access road shall be maintained in conformance with the City's Fire Department special design criteria and approved structural section exhibits. b An exception shall be made in the CC&Rs to provide that the City of Huntington Beach shall maintain and be responsible for all play equipment, hardscape (concrete or hard paving) adjacent to or part of play equipment, picnic tables, gazebo and related facilities, cushioned or rubberized surfacing, sub-surface drainage features or pipes six inches or larger, benches and any hardscape related improvements or structures within the Park boundaries. c. Special provisions and guidelines to implement,fund, and regulate the maintenance of slopes,fences and retaining walls that serve as or are contiguous to flood control protection or features, except within the County Flood Control right-of-way and the vegetated flood protection feature or FEIVIA certified levee in lot"Y" The CC&Rs will provide that the HOA will maintain the landscaping and irrigation on the vegetated flood protection feature in lot"Y" cl. Special provision to prohibit the blocking or screening of fire hydrants located in public right-of-way. e. Language that will include and reference special provisions and guidelines for funding, implementation, maintenance, monitoring, and updating of the approved Water Quality Management Plan (WQMP) including treatment train. The WQMP shall be included in the CC&Rs as an attachment or addendum for conformance With NPDES requirements.The CC&Rs shall restrict any revision or amendment of the WOMP except as may be dictated by either local, state or federal law and the City of Huntington Beach Local Implementation Plan (LIP). f. Notification to purchasers that there will be a City public park and protected open spaces within the tracts with HOA maintenance responsibilities, and that vehicular access to Greenleaf is for emergency purposes only. HB -165- Item 3. - 107 g. Notification to purchasers that landscaping for individual housing lots and recreation areas adjacent to an environmentally sensitive habitat area or buffer shall not include any exotic invasive plant species h Reference the Special Utility Easement Agreement that is required for theon- site public water system i The Pest Management Plan and Domestic Animal Control Plan and provide funding and implementation of a Pest Management Plan and a Domestic Animal Control Plan j The Homeowners Association (HQA) shall enter into a Special Utility Easement Agreement with the City of Huntington Beach for maintenance and control of the area within the(public)water pipeline easement,which shall address repair to any enhanced pavement treatment, etc, if the public water pipelines and/or appurtenances require repair or maintenance. The HOA shall be responsible for repair and replacement of any enhanced paving due to work performed by the City in the maintenance and repair of any water pipeline The Special Utility Easement Agreement shall be referenced in the CC&Rs (Resolution 2003-29) 4. The following conditions shall be completed pricer to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (R ) a The Final Maps shall be consistent with the approved Revised Tentative Maps b Vehicular access rights to all public streets, either proposed or existing, shall be released and relinquished to the City of Huntington Beach except at locations approved by the City Huntington Beach {P c. The grading plan and improvement plans shall be submitted to the Department of Public Works for review The engineer shall submit cost estimates for determining bond amounts. ( d A final sewer design study of the project system shall be submitted to the Department of Public Works for review and approval The developer shall design the sewer system including replacement of the existing lift station on Graham Street, as required to serve the development and upgrade the system in conformance with the approved preliminary steady and City design criteria. The City may, at its own discretion, construct the sewer lift station and associated conveyance lines to maintain temporary service of the existing station, and relocate facilities as needed to lot"B"within the development. Separate conveyance instruments for the lot and easements may be used if the lift station construction precedes recordation of the map. The developer will enter into a reimbursement agreement with the City for their fair share of the lift station improvements (P Item 3. - 108 HB -166- e Prior to first plan check submittal, a hydraulic water capacity analysis is required to confirm appropriate on-site sizing and layout of the public on-site water system. The City will perform the analysis based on the City's hydraulic water model. The developer must coordinate this effort with the Public Works and Fire Departments to initiate this endeavor and shall be responsible to pay the City for all related fees required to perform the analysis. (PW) f Final hydrology and hydraulic design analysis and calculations for both on and off site drainage facilities shall be submitted to the Department of Public Works for review and approval The project improvements shall meet the intent of, and be consistent with or of equal effect to the facilities proposed in the Conditional Letter of Map Revision (CLOMR) issued by FEMA on June 6, 2002 On-site drainage shall not be diverted or concentrated to adjacent properties, but shall be handled by a Public Works approved method The final design analysis of the system shall be consistent with the approved preliminary studies. All pad elevations must comply with FEMA design criteria in conformance with the CLOMR (BFE 2 2 feet National Geodetic Vertical Datum (NGVD)) and as directed by the City of Huntington Beach, Department of Public Works. Gradients or flowlines less than those permitted in the City's Grading Manual shall not be permitted in earthen swales without prior approval from Public Works. (PW) g. Conservation easements shall be recorded for Lot 1 of Tract 15419 and Lots AA, BB, CC, and Z of Tract 15377 h. The following shall be shown as dedications to the City of Huntington Beach on the Final Map No 15377 and/or Final Map No. 15419 as applicable: 1) The 1 57 acre public park(Lots"A" and"S") shall be dedicated to the City of Huntington Beach in fee simple for parkland purposes pursuant to Section 254.08.H. of the HBZSO. The applicant shall submit to the Department of Public Works a Grant Deed, along with a preliminary title report, granting a fee ownership in the parkland unencumbered by any easements or covenants, both recorded and unrecorded,which restrict any and all uses by the City It shall be the applicant's responsibility as part of the dedication to obtain, record, and submit all necessary quitclaims ensuring unencumbered. The designated land shall also be certified as clean in conformance with the City's Soil Clean-Up Standard, City Fire Specification 431-92, by an acceptable testing firm. Upon acceptance of the Grant Deed and the submittal of a title insurance policy in an amount equal to the appraised value of the land, the City Clerk, if granted authority as part of the acceptance of the tract map by City Council, shall record the Grant Deed for the parkland dedication. (PW) 2) The domestic water system and appurtenances as shown on the improvement plans for these tracts. Easement widths shall conform with the City of Huntington Beach Standard Plan No 600. (PW) HB -167- Item 3. - 109 3) Lot"B" and the sanitary sewer system lift station,force mains and appurtenances as shown on the improvement plans for these tracts (PW) 4) The storm drain and water quality system and appurtenances as shown on the improvement plans for both tracts, except those facilities designated to be maintained by the HOA as designated on the Revised tentative maps and as shown on the improvement plans and as prescribed in the CC&Rs. Easement widths shall conform with the City of Huntington Beach Standard Plan No 300 (PW) 5) A 2.00-foot wide public utility easement along both sides of each street, per Standard Plan No 104. (PW) 6) Graham Street for street purposes. (PW) 7) An emergency access road from Greenleaf Lane to "A"Street The minimum width shall be 30 feet (PW) 8) "A" Street through"F Street for street and utility purposes (PW) 9) An easement for public pedestrian access purposes for the two bike trails linking the flood control channel with "C" Street. 10)An easement for public access purposes 10-feet in width adjacent to or in proximity to the northerly right-of-way of"A" Street within Lots, "B" "C" "D" "O""P" "Q" "R","S°, "T", "U", "V", and "W", the paseo park, passive park and open space lots (with the exception of Lot"BB"), and Lot"N"the pedestrian access lot 11)Lot"Y" in fee simple for flood control and levee purposes. Lot"Y" may also be dedicated to the County of Orange if the Orange County Flood Control District agrees to accept it for these purposes. 12)Lot"X" in fee simple for water quality purposes i. All street lighting shall be conveyed to Southern California Edison Co.for maintenance and operation (PW) j A reproducible mylar copy and print of the final tract map shall be submitted to the Department of Public Works at the time of recordation (PM k. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items (PW) 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor 2) Provide a digital-graphics file of said map to the County of Orange. 1. Provide a digital-graphics file of said map to the City per the following criteria_ Item 3. - 110 HB -168- Design Specification: 1) Digital data shall be full size (1.1) and in compliance with the California coordinate system—STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy(up to fifteen significant digits) 3) Digital data shall have units in US FEET 4) A separate drawing file shall be submitted for each individual sheet 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions 6) Feature compilation shall include, but shall not be limited to Assessor's Parcel Numbers (APN), street addresses and street names with suffix File Format and Media Specification: 7) Shall be in compliance with the following file format � AutoCAD (version 13 or later) drawing file _DWG 8) Shall be in compliance with the following media type. > CD Recordable(CD-R) 650 Megabytes m- No construction traffic or vehicle access shall be taken from or to Greenleaf for any purpose other than emergency vehicle access Any future connection of Greenleaf to the development for public street purposes or private access shall be prohibited until otherwise conveyed through a public hearing process before the City Council. n. A Certificate of Insurance shall be filed with the Department of Public Works and approved as to form by the City Attorney. (PW) o- All improvement securities(Faithful Performance, Labor& Material and Monumentation Bonds)and Subdivision Agreement shall be posted with the Department of Public Works and approved as to form by the City Attorney. (PW) 5-The following conditions are required to be completed pnor to issuance of Precise Grading Permits: a A Precise Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. Final grades and elevations on the grading plan shall not vary by more than one(1) foot from the grades and elevations on the approved Tentative Map unless otherwise required by these conditions and shall conform to FEMA requirements for elevation above the flood water levels as directed by,the Department of Public Works. The recommendations from Section 7 0 and 8 0 of the geotechnical study, Appendix E of the EIR, shall be incorporated into the earthwork activities (MM)The recommendations of the report in Appendix E HB -169- Item 3. - 111 tl n shall be augmented or superseded where necessary by the updated Geotechnical Study, dated November 25, 2008 The following public improvements shall be shown on the plan I Class I bike trail and adjacent lot slopes along the channel (P - n Two bike trails linking the flood control channel with"C" Street. Ill. All slopes, walls, and drainage control devices (PW) Iv The owner shall submit a"Notice of Intent" (NOI), along with the required fee, to the State Water Resources Control Board (SWRCB) in compliance with NPDES general construction permit requirements Copies of the NOI and the written replies received from the SWRCB shall be submitted to the City. (PW- M) b A sewer lateral shall be provided for each habitable lot per city standards. (PW) e All structures over twenty feet(20') in height from the point of connection at the public water source shall require a backflow protection device on the domestic water service unless otherwise approved by the Water Division. (PW) d Separate irrigation services, meters and backflow devices shall be required for any Homeowner Association (HOA) landscaping. The softscape portion of the Public Park, (Lot"A"Active Park and Lot"S" Passive Park), shall be included and tied with the irrigation service to the HOA common area landscape (P e Each proposed dwelling unit shall require a separate domestic water meter and service All domestic water meters shall be sized in accordance with the California Plumbing Code (CPC) and the requirements of the City of Huntington Beach Department of Public Works and the Fire Department (PW/FD) f. Plans for EMERGENCY VEHICLE ACCESS at Greenleaf/LOT A shall be submitted and approved by the Fire and Planning Departments The plans shall indicate gate location, method to secure, slope, and overall final elevation change along and adjacent to the alignment. (FD) g Final finished grade for the park shall be subject to the approval of the Departments of Public Works and Community Services. The final finished grade shall, at a minimum I. Protect existing trees, meet police department visibility requirements, provide proper drainage, meet conditions for maintaining a playable park and a passive park and if necessary provide a drainage interceptor at the toe of the existing slope that transports run off to the storm drain system prior to entering the playable park area except as required to maintain buffer or conservation areas and landscaping (PW) ii. The finish grade in the City park site shall be raised with a City approved topsoil (PW) Ili The slope of the Public Park pad, (Lot"A"Active Park), shall drain either toward the Naturalized Meadow Grass area or to B Street The minimum accepted slope for drainage shall be as allowed by the Item 3. - 112 HB -170- City's Grading Manual There shall be a low berm(18"to 30"high as measured vertically from the sidewalk), or a slope up to B Street of the same height along the back of sidewalk of B Street with the side slopes graded to a maximum of 5.1. The drainage of the lot if toward B Street, shall drain through under sidewalk drainage structures. Said walkway locations shall be designed so that any concentrated water drain-ways shall not erode the decomposed granite walkway. If the drainage is toward the Naturalized Meadow Grass area there shall be no heavily concentrated flow areas, and the water shall be directed away from the Tot Lot, Gazebo and Swing Set area (PW) iv. The gradient and configuration of the emergency access road shall be approved by Public Works and Fire. (R IFD) h_ The Developer shall design and construct a new wet well/dry well sewer lift station and force main as required by the City to replace the existing station in Graham The new station shall be sized to accommodate existing and the proposed development flows The existing station shall be abandoned in- place by the developer as directed by The Department of Public Works_ The used pumps/controllers shall be returned to the City Yard.The design of the lift station shall comply with all design requirements and criteria of the City of Huntington Beach The City may, at its own discretion, construct the sewer lift station and associated conveyance lines to maintain temporary service of the existing station and relocate facilities as needed to Lot"B"within the development_ (P i. The Developer shall submit a Hazard Mitigation and Flood Protection Plan to the City of Huntington Beach for review and approval. ( ) 9 The Developer shall design and construct the ultimate improvements to the north levee of the East Garden Grove-Wintersburg Channel(005) per County of Orange Flood Control District's adopted design standards(sheet pile and cathodic protection,or an equivalent lining if approved by the County) Said channel improvements shall be constructed from the westerly right of way of Graham Street to the westerly edge of the vegetated flood protection feature Requirements of the Federal Emergency Management Agency (FEM,A),the U.S. Army Corps of Engineers where appropriate, and the Orange County Flood Control District(OCFCD)shall be observed in the design and construction of all channel and abutting slope improvements in and adjacent to the channel.A cooperative agreement between OCFD and the Developer shall be completed for any cost sharing, special design criteria, or conditions of the work to be undertaken prior to the issuing of a grading permit (PW) k. The Developer shall remove the existing oil-field access bridge over the C05 channel westerly of the Slater Pump Station, unless otherwise directed by the Orange County Flood Control District (P ) 1. The Developer shall install two (2)new pump systems(motor, pump, controls, heat exchanger, and necessary appurtenances)within the existing vacant pump bays,or shall replace existing pump systems to equal the proposed efficiency and pumping capacity of the existing plus two new pump systems in the Slater Pump Station as determined necessary by the City Engineer (equipment to match/equal City specification). Subject to the review and approval of the City Engineer, a request for fee credits may be considered for HB -171- Item 3. - 113 � f � improvements exceeding the developer's required project impact mitigation. For purposes of fee credit,the value of each existing pump bay to be utilized shall be considered to be$300,000 unless it is proven to the satisfaction of the City Engineer to be a different amount The developer will be required to make capacity improvements to the system as necessary to drain the subject development and tributary flows to the site as required by the Department of Public Works The applicant shall also obtain necessary written approvals, from the County of Orange and other pertinent agencies as required prior to issuance of grading permits (PW) m The Developer shall design and construct off-site drainage improvements as required by the Department of Public Works to mitigate impact of increased runoff, as well as conveyance of ultimate upstream flows or deficient, downstream drainage systems Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency The Developer shall provide the necessary hydrologic and hydraulic studies as required to justify final pad elevations on the site in conformance with the latest FEMA requirements, and provide any needed data to update that portion of the City's Master Plan of Drainage to reflect the changes and improvements of this project in the plan The vegetated flood protection feature(lot"Y") shall conform to the FEMA and U.S Army Corps of Engineers Design Guidelines (most specifically USACOE Manual EM 1110-2- 1913}Among the items of design criteria to be included are the following (PW) i. The top of levee or vegetated flood protection feature shall be wide enough to accommodate a minimum 12-foot wide clear access for maintenance vehicles Drainage swales and flow lines along the brow of the levee shall not be within the 12-foot travel area If walls are incorporated into the design, drainage swale flow lines shall be a minimum of 18-inches from the wall and shall be concrete gutters or other compatible structure or device to minimize erosion behind the wall ►i The waterside of the levee shall be 2:1 or steeper with nprap or similar slope protection, or flatter than 2*1 without hard slope protection. Walls in combination with slopes may be used as approved by the City. ►i► The lands►de of the levee shall be 2-1 or steeper with riprap or similar slope protection, or flatter than 2.1 without hard slope protection to minimize seepage and permit easy maintenance. Iv The levee design shall include a seepage barrier. If sheet piles are employed, no seepage barner is required Transitions from exposed sheet piling to earthen berms shall be concrete lined or an approved alternative v A vehicle turnaround with a turning radius or hammerhead design consistent with the wheel base criteria of maintenance vehicles shall be provided at the end of the levee or vegetated flood protection feature maintenance road within lot'"Y"in a manner approved by the Department of Public Works Item 3. - 114 Hs -172- � r vi The road surface on the top of levee or vegetated flood protection feature shall maintain a minimum elevation of 13 6 feet as shown on the approved Tentative Map or a minimum 1 foot of freeboard above the committed water surface elevation in the channel, whichever is greater The top of levee or vegetated flood protection feature shall tie into the existing topography to prohibit a breach or intrusion into the subdivision from seawater high tide events or storm flows (P ) n. Storm Drain Improvement Plans, Storm Water Pollution Prevention Plans (SWPPP)and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. The WQMP shall also be submitted to grange County Coastkeeper for review and comment (P ) i To the greatest extent feasible, low flow urban runoff from Cabo del Mar shall be directed to a gross pollutant removal device ii. Gross pollutant removal devices (CDS or equivalent)for the removal of debris, sediment, oil and water separation, etc, shall be installed as part of the treatment train for the main line systems Access to these devices for maintenance shall be provided and included within an easement to the City Ili The developer shall design and construct a low flow urban runoff treatment train for partial flows from the Slater Pump Station, which may be conveyed to the East Garden Grave-Wintersburg Channel (CO5) iv. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMP's) and other City requirements to eliminate polluted runoff until all construction work for the project is completed_ v A WQMP shall be prepared, maintained and updated as needed to satisfy the requirements of the adopted NPDES program and the City of Huntington Beach Local Coastal Program.The plan shall incorporate water quality measures for all improved or unimproved phases of the project. All structural BMP's shall be sized to infiltrate, filter, or treat the 85-percentile 24-hour storm event or the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches per hour.The WQMP shall include an extensive Home Owner's Association education program, Including information booklets and packages for each homeowner, and periodic informational programs to keep owners current with WQMP practices and requirements (PW14K) o. A Funding agreement or Memorandum of Understanding (MOU)for a pro-rata share of the maintenance and replacement of the public water quality treatment train shall be completed between the City of Huntington Beach and the developer prior to recordation of the final map and prior to the issuance of HB -173- Item 3. - 115 E precise grading permits The agreement shall be incorporated by reference into the CC&Rs of the development p A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Departments of Public Works and Planning for review and approval The Landscape Construction Set shall identify the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval. The plan for non-Open Space-Conservation areas shall prohibit the planting, naturalization or persistence of invasive plants and shall encourage low-water use plants, and plants primarily native to coastal Orange County The plan shall include irrigation demands to ensure proper irrigation service sizing. (PWl4K) q The landscape plans shall be in conformance with the Zoning and Subdivision Ordinance, applicable Design Guidelines, and the Local Coastal Program The plan shall include all common areas,the proposed active and passive City Park, Graham Street setback area, and the paseo park The paseo park along the north property line shall include intensified landscaping to further screen possible headlight intrusion. (PW1MM/Code Requirement) r_ A Habitat Management Plan shall be prepared for all areas designated ©pen Space-Conservation, which shall include restoration, enhancement and perpetual conservation and management of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. The Plan shall be submitted to the Departments of Public Works and Planning for review and approval. (4K) s An erosion control and silt control plan for all water runoff during construction and site preparation work shall be submitted to the Department of Public Works ( !MM) t Street Improvement Plans for improvements to Graham Street shall be prepared per the City of Huntington Beach Standard Plan No. 103, (to 80764' standard), and submitted for review and approval. The developer shall include the following modifications to achieve the minimum number of travel lanes specified and include any additional striping modifications identified by the Transportation Manager to best accommodate specific traffic operations(PW/MM): i Improve Graham Street along the project frontage, as needed, to correct the stopping sight distance and stacking problems between the crosswalk across Graham at Street"A"and the crest of the Wintersburg Channel Bridge as approved by the Department of Public Works ii Restnpe Graham Street from Street"A"to Glenstone Drive with a seven (7)foot bike lane in each direction, one twelve(12)foot through lane in each direction, and a fourteen (14)foot painted two-way left turn median (MM) Item 3. - 116 HB -174- t iii Restripe Graham Street northerly from Street"A"as directed by the Department of Public Works,to transition with a seven (7) foot bike lane in each direction, one eighteen(18)foot through lane in each direction, and a fourteen (14)foot painted two-way left turn median A protected left turn pocket on Graham Street, (northbound to westbound) shall be provided with appropriate tapers in accordance with the design speed, (50 mph) Signage shall be added to the intersection of Graham Street and Kenilworth Drive to keep intersection clear (MM) IV The developer shall design and install signing and striping plans in accordance with Public Works Standards u Internal public streets shall be designed and constructed as follows (PW) i All street grades shall have a minimum gradient of 0 50% ii Street"A" ("Entry Street") shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 modified, (56736) A dedicated left turn lane and dedicated right turn lane (within 26'from median island to outer curb face)exiting onto Graham Street shall be provided.A 15-foot wide median island shall be constructed at the entry No parking or driveway openings will be permitted on Street"A"from Graham Street to the end of lot"C" Ili Streets"B"thru"F"shall be designed and constructed per the City of Huntington Beach Standard Plan No. 104 Modified, (48'136'). IV Parking layout shall conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No 10.40.050 Thirty (30) parking spaces shall be provided for park parking above the count required for residential lot guest parking. No on-street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Standard Specification 401 and 415 V. Curb, gutter and sidewalk along all street frontages, per City Standard Plan Nos 202 and 207 vi An ADA compliant access ramp at the corners of all street intersections, and where required by Federal and State code v Access for the handicapped in conformance with Title 24, shall be provided from the public sidewalk into the public park at the northerly and southerly ends w The applicant shall demonstrate to the satisfaction of the City Transportation Manager that standards(Including ADA)regarding pedestrian/bicycle safety along the perimeter sidewalks will be met.(MM) x. The Developer shall design and install Southern California Edison owned street lighting.The plan shall include the height, location, and intensity of HB -175- Item 3. - 117 streetlights on-site. Street light spacing shall be in conformance with City of Huntington Beach Standard Plant 411 (P / M) y A traffic signal shall be designed and constructed for the intersection of Street"A"and Graham Street (MM) z The traffic signal shall be hard-wire interconnected with the existing traffic signal at Warner Avenue and Graham Street per Public Works Standards and Specifications. (PW) as Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer, shall be submitted to Public Works for review and approval, for work within the City's right-of-way (PW) bb A licensed engineer shall prepare a detailed soils and geological/seismic analysis. This analysis shall provide detailed recommendations for grading, over excavation, engineered fill, dewatenng, settlement, monitoring, protection of adjacent existing structures, landscaping, chemical and fill properties, liquefaction requirements, retaining walls, streets, and utilities. Said report shall also provide recommendations to certify that post development ground water conditions shall not be affected or affect improvements.The report will provide recommendations for rough and precise grading. The developer shall provide a minimum of four(4) agricultural soil tests for fertility and suitability within the park area prior to developing a finish-grading plan In addition, a geotechnical expert shall be on-site daily during dewatenng to monitor soil conditions. A diminimus permit from the Regional Water Quality Control Board shall be required. (PW) cc. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No.431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties, details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site, and shall also identify wind barriers around remediation equipment (PW) dd Soil imported for the park area shall be approved by the City Landscape Architect The developer shall employ a soil test lab approved by the City Landscape Architect to obtain and test soils that are to be utilized in raising the grade of the proposed park area After a topsoil source is approved, the developer shall guarantee that said soil is delivered to the site and used on the park. (PW) ee For import soils,the protect shall comply with all provisions of the HBMC Section 17.04 085 and Fire Dept City Specification 429, Methane District Building Permit Requirements (FD) ff Provide proof that all site soil meets the requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification No.431-92. (FD) gg The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected Item 3. - 118 HB -176- environmental firm is responsible for obtaining Fire Department approval for their testing plan (FD) hh The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works In addition, clearly visible signs shall be posted on Graham Street every 250 feet, and at Greenleaf Lane indicating who shall be contacted for information regarding this development and any construction/grading- related concerns This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, dust control,water quality, truck routes, construction hours, noise, etc Signs shall include the applicant's contact number, City contact (Construction Manager(714) 536-5431) regarding grading and construction activities, and"1-800-CUTSMOG"in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No_ 403 (PW) ii. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to any such grading. (PW) jj The developer shall coordinate with the Department of Public Works, Transportation Division in developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur, restrict heavy equipment and haul trucks from arriving and leaving the site to between 8 00 a.m. and 8.00 p.m during the school year, and specify methods to mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. Staging of trucks shall occur on-site (PWIMM) kk. A gradinglerosion and dust control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control, and provide a plan to the Department of Public Works indicating such compliance (P Il. Block walltfencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences)consistent with the grading plan shall be submitted to and approved by the Planning Department. The plans shall identify materials, seep holes and drainage Double walls shall be prohibited. Protective fencing or barriers shall be installed along any interface with developed areas to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. (4K) mm. If grading occurs during the normal breeding season for the red-tailed hawk and other raptors locally, (February 15 through August 31), a survey shall be conducted for active nests. Should active nests be located within the zone of potential disturbance due to grading or construction activities, work shall be limited to areas 500 feet away from the nest until the young have fledged and have begun foraging away from the nest site.The 500- foot protection zone shall be fenced with visible warning-color materials. xB -177- Item 3. - 119 Nest trees shall be removed during the non-breeding season only ( 14K) nn The property owner shall conduct a subsurface test investigation for CA- ORA-1308 and 1309 to determine the horizontal boundaries of the sites as well as to confirm the surface conclusions of non-significance as indicated in the March, 1997 Archeological Assessment. This may be accomplished though the mechanical excavation of a number of auger holes as well as two (2) 1 x1 meter hand excavated units for stratigraphic control. The subsurface test investigation (including a discussion of significance(depth, nature, condition, and extent of resources), final mitigation recommendations and cost estimates shall be submitted to the Planning Director for review and approval ( 14 ) oo The applicant shall create, if deemed necessary through Condition No 5(kk), a cultural resource management plan based on the subsurface test results. A full data recovery program shall be designed if site avoidance is not feasible through design. Possible recovery plans include, but are not limited to preservation, salvage, partial salvage, or no mitigation necessary The plan shall include conservation with the appropriate Native American Organization and be reviewed and approved by the Planning Department Additionally,the plan shall require peer review in conformance with the Coastal Commission's Archeological Guidelines ( ) pp The property owner shall provide written evidence that a certified archaeologist has been retained and shall be present at the pre-grading meeting/conference, shall establish procedures for archaeological resource surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate.The archaeological resource surveillance procedures shall include a provision for Native American review of grading operations. If additional or unexpected archaeological features are discovered, the archeologist shall report such findings to the applicant and to the Planning Department and the appropriate Native American Organization If the archaeological resources are found to significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant,for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Department. (MM14K) qq A bikeway plan shall be submitted to the City of Huntington Beach's Departments of Planning and Public Works, in consultation with the Manager of the County PFRD/HBP Program Management and Coordination,for approval of consistency with the Orange County Bikeway Plan ( M) rr. A Public Access Plan shall be submitted to the City of Huntington Beach's Departments of Planning and Public Works and shall be coordinated with and include the bikeway plan (4K) ss The applicant shall submit and have approved a noise mitigation plan to the Department of Planning that will reduce or mitigate short-term noise impacts to nearby noise sensitive. The plan shall comply with the City of Item 3. - 120 xs -17 - r Huntington Beach Noise Ordinance and shall include, but not be limited to (MM)- 1) Criteria of acceptable noise levels based on type and length of exposure to construction noise levels, 2) Physical reduction measures such as temporary noise barriers that provide separation between the source and the receptor,temporary soundproof structures to house portable generators; and 3) Temporary generators (if utilized) shall be located as far as practical from sensitive noise receptors 4) Mitigation measures such as restrictions on the time of construction for activities resulting in high noise levels tt The applicant shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit Measures,subject to the approval and verification by the Department of Public Works, shall include, as appropriate(M ) 1) Provision of rideshare incentives 2) Provision of transit incentives for construction personnel. 3) Configuration of construction parking to minimize traffic interference. 4) Measures to minimize obstruction of through traffic lanes 5) Use of a flagman to guide traffic when deemed necessary. uu The applicant shall produce evidence acceptable to the City Engineer that. (MM) 1) All grading and construction vehicles and equipment,fixed or mobile, shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation 2) Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors 3) Operations shall comply with the City of Huntington Beach Noise Ordinance vv. The applicant shall produce evidence (specifications)acceptable to the City Engineer that the new wall along Graham Street(along the project's boundary adjacent to proposed homes on Graham Street)will be constructed to achieve maximum sound attenuation ( ) ww The recommendations contained in the geotechnical study, located in Appendix E of the EIR, shall be incorporated into the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include all grading, clearing and demolition, site preparation, unsuitable soil removals, backcuts, excavation processing, compaction of all fills, mixing, benching, inspection, survey control,subgrade preparation, cut and fill slope construction, haul roads, import soils, structural load and settlement/subsidence measures, and storm drain relocation, (M ).The recommendations of the report in Appendix E shall HB -179- Item 3. - 121 be augmented or superseded where necessary by the updated Geotechnical Study, dated November 25, 2008 xx The applicant shall contract with a dewatering expert to prepare a detailed Dewatering Plan This plan shall include the placement of monitoring wells near the northern property line to evaluate ground water levels during the proposed project dewatering activities The dewatering activities shall be adjusted immediately if the monitoring wells show ground water level changes which may affect subsidence of adjacent properties.The Dewatering Plan shall be reviewed and approved by the Department of Public Works. (MM) yy. A Phase II environmental soil sampling shall be conducted to determine the residual levels of pesticides in the soil If inappropriate/unsafe levels per County Health Department standards are identified by this analysis, "clean up" measures shall be recommended and implemented. The Phase 11 sampling and any necessary measures shall be approved by the Department of Public Works (MM) zz The applicant shall provide a Water Quality Management Plan showing conformance to the Orange County Drainage Area Management Plan and all NPDES requirements(enacted by the EPA)for review and approval by the City Engineer The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate (MM) aaa.The applicant shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions (MM bbb The developer shall submit a hydraulic computer water model analysis for the development proposed,which addresses the following: 1) Water demand required by project(including fire flow demand as determined by the Fire Department) 2) Master Plan/General Plan Amendment(GPA)review for consistency 3) The City of Huntington Beach Water(Master Plan) System Computer Model (i e. H2ONET)must be run with the proposed land use demands (i e GPA), and contrasted with the model run using the existing land use demands, (i e. the General Plan, in effect at the time the Water Master Plan was adopted). 4) The City of Huntington Beach Water Division must be contracted to perform this analysis using the existing City of Huntington Beach Water System Model, for a fee to be paid by the developer a minimum of 30 days in advance If the analysis shows that project demands cannot be met with the City's current water system, the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City. (MM) ccc. Irrigation systems within the Park and the open space areas, which minimize water waste, shall be used to the greatest extent possible. Such measures should involve, where appropriate, the following features: Item 3. - 122 HB -180- 1) Raised planters and berming in conjunction with closely spaced low volume, low angle (22 'h degree) sprinkler heads 2) Drip irrigation 3) Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. 4) Temporary irrigation systems for wetland restoration are excluded from these provisions 6 During demolition, grading, site development, and/or construction, the following shall be adhered to. a Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading and construction to keep the soil damp enough to prevent dust being raised by the operations and when leaving the site Wet the area down,sufficient enough to form a gust on the surface with repeated soakings,as necessary,to maintain the crust and prevent dust pick up by the wind, spread soil binders, and implement street sweeping as necessary (MM) b All haul trucks shall arrive at the site no earlier than 7 00 a m (8.00 a m during the school year)or leave the site no later than 8 00 p m., and shall be limited to Monday through Friday only. (PW) c During construction, the area shall be wet down in the late morning and after work is completed for the day( M) d All trucks hauling dirt, sand, soil, or other loose substances and budding materials shall be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. (MM) e Install vehicle wheel-washers before the roadway entrance at construction sites. Prior to leaving the site,wheels of all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets Install vehicle wheel-washers before the roadway entrance at construction sites (MM) f. Where feasible, pervious paving materials shall be used to reduce surface water runoff (MM) g Comply with appropriate sections of ACIMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h Wind barriers shall be installed along the perimeter of the site (PW) i The remediation operations shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas (PW) Hs -181- Item 3. - 123 j. Comply with the"Storm Water Pollution Prevention Plan" and"Water Quality Management Plan"requirements (PW) k Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. Discovery of contaminated soil and/or abandoned oil wells require immediate fire department notification All project processes in the immediate discovery area shall cease until approved plans are in place (FD) I. Construction equipment shall be maintained in peak operating condition to reduce emissions During clearing,grading, earth moving, or excavation, maintain equipment engines in proper tune Truck idling shall be prohibited for penods longer than 10 minutes. (MM) m Use low sulfur(0 05% by weight)fuel by weight for construction equipment. (MM) n Phase and schedule construction activities to avoid high ozone days Discontinue construction during second stage smog alerts. (MM) o A phased schedule for construction activities to minimize daily emissions shall be complied with Treat unattended construction areas with water(disturbed lands which have been, or are expected to be unused for four or more consecutive days) Schedule activities to minimize the amount of exposed excavated soil during and after the end of work penods. (MM) p The planting of vegetative ground cover as soon as possible on construction sites shall be required. Use vegetative stabilization,whenever possible, to control soil erosion from storm water especially on super pads (MM) q On-site parking shall be provided for all construction workers and equipment unless approved otherwise by the Department of Public Works. No Parking will be permitted in restricted area and on Graham Street. (PW) r Enclosures or chemical stabilization of open storage piles of sand,dirt, or other aggregate materials shall be required. (MM) s. The construction disturbance area shall be kept as small as possible. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards Use electricity from power poles rather than temporary diesel or gasoline power generators when practical. The applicant shall be responsible for assuring that vehicle movement on any unpaved surface other than water trucks shall be terminated if wind speeds exceed 15 mph. (MM) t Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday-Saturday 7:00 AM to 8.00 PM. All heavy equipment shall arrive or leave the site no earlier than 8:00 A M and Item 3. - 124 HB -182- no later than 8:00 PM during the school year. Such activities are prohibited Sundays and Federal holidays (Code Requirement) * Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity * The property owner is responsible for all required clean up of off-site dirt, pavement damage and/or restriping of the public rights-of-way as determined by the Department of Public Works. (PVV) w. The property owner shall be responsible for paving all access aprons to the project site and for the maintenance of the paving. (MM) x. The property owner shall be responsible for incorporating measures to reduce construction related traffic congestion with the implementation of ndeshare incentives,transit incentives, construction area parking, use of flagmen, and implementation of measures to minimize the obstruction of through traffic lanes, as deemed appropriate by Public Works (MM) y. The project shall provide easy access into and within the project site for emergency vehicles and addresses shall be well marked to facilitate response by officers Prior to the first final inspection, project site plans depicting these requirements shall be reviewed and approved by the Police Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS—REVISED TENTATIVE TRACT MAP NOS. 15377&15419: 1 Revised Tentative Map Nos 15377 and 15419 shall be valid for two (2) years of the date of final approval which is from the time the Local Coastal Program Amendment and Coastal Development Permit for the area is deemed certified by the California Coastal Commission An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date 2. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes,Ordinances, and standards,except as noted herein. 3. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation (PW) 4. All new and existing overhead utilities shall be installed underground in accordance with the Citys Underground Utility Ordinance. In addition, all electrical transformers shall be installed underground Aboveground transformers may be allowed due to certain groundwater conditions locations and shall be approved by the City Engineer and City Landscape Architect HB -183- Item 3. - 125 CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 08-08 (AMENDMENTS TO CONDITIONAL USE PERMIT NO. 96-901COASTAL DEVELOPMENT PERMIT NO. 96-181: 1. The site plan, floor plans and elevations received and dated January 21, 2009 shall be the conceptually approved layout with the following modifications a Depict all utility apparatus, such as but not limited to Lack flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public rights-of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Backftow prevention devices shall be prohibited on the front yard setback and shall be screened from view (Code Requirement) b Individual building site plans shall be reviewed and approved by the City's Departments of Planning and Public Works. The final building layout shall be within the building envelope as depicted on the Building Envelope Plan ( ) c Depict the location of all gas meters,water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non- obtrusive, not interfere with sidewalk areas and comply with required setbacks d If outdoor lighting is included, energy saving lamps shall be used All outside lighting shall be directed to prevent"spillage"onto adjacent properties and shall be shown on the site plan and elevations ( ) Street lighting, exterior residential lighting and park lighting, if any, adjacent to ESHA and buffer areas shall be limited in intensity and shielded in order to minimize impacts to these areas e_ Non--reflective materials shall be utilized to the extent feasible Individual building site plans shall be reviewed and approved by the Planning and Public Works Department ( ) 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 site plan and floor plans and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department (FD) c. Al Fire Department requirements shall be noted on the budding plans. (FD) Item 3. - 126 HB -184- d To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification#426-Fire Safety Requirements for Construction Sites, or other City Specifications approved by the City Fire Department (FD) e Fire access roads shall be provided in compliance with City Specification#401- Minimum Access for Fire Department Access, or as approved by the City Fire Department Fire Access Roads shall be provided and maintained in compliance with City Specification#401, Minimum Standards for Fire Apparatus Access Driving area shall be capable of supporting a fire apparatus (75,000 lbs and 12,000 lb point load) Fire Access Road Turns and Corners shall be designed with a minimum inner radius of seventeen feet(17') and a minimum outer radius of forty five feet(45) per City Specification#401 Minimum Standards for Fire Apparatus Access For Fire Department approval, reference and demonstrate compliance with City Specification#401 Minimum Standards for Fire Apparatus Access on the plans (FD) f. Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Department of Public Works and approved by the Fire Department Indicate hydrant locations and fire department connections The number, spacing and location of all fire hydrants shall be as approved by the Fire Department and the Public Works Water Division. (FD) g. An automatic fire sprinkler system shall be installed throughout each unit For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits (FD) h- A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior homs and strobes, voice communication, and 24-hour central station monitoring (FD) i. Street names must be approved by the Fire Department. Please refer to City Specification#409-Street Naming Process, Public or Private. (FD) j. A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading,foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof(13101) k. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g- factors as indicated by the geologist's report Calculations for footings and structural members to Withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits (Code Requirement) HB -185- Item 3. - 127 i £ I Floor plans shall depict natural gas stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units m Contact the United States Postal Service for approval of mailbox locations). n The recommendations contained in the geotechnical study, located in Appendix E of the EIR shall be incorporated into the structural design of the proposed project to the satisfaction of the City Engineer Structural design activities include- Foundation Design, Settlements including Foundation Loads and Seismically Induced Settlements, Post-Tensioned Slab/Foundations, Mat Foundations, Other Foundation Recommendations such as Footing Embedment, Underslab Treatment, and Subgrade Moisture Content, Concrete Driveways, Sidewalks, and Flatwor , Structural Setbacks, Retaining Walls, Other Design and Construction Recommendations such as Lot Drainage, Utility Excavations, Utility Trench Backfill, Corrosion, Metallic Structures, and Concrete Structures ( ) The recommendations of the report in Appendix E shall be augmented or superseded where necessary by the updated Ceotechnical Study, dated November 25, 2008 o It shall be proven to the City that all structures are designed in accordance with the seismic design provisions of the latest California Building Code in effect in Huntington Beach to promote safety in the event of an earthquake.( M) F Building plans shall be submitted to and approved by the Fire Department~ If during the Fire Department's plan check it becomes evident that fire ground operations will become impeded, the department will impose additional fire code requirements in addition to the automatic sprinkler systems, alarm systems, access roads, etc. ( ) q The applicant shall consult with the Police Department during preliminary stages of the project design to review the safety features, determine their adequacy, and suggest improvements ) r. The applicant shall consult with the Water Division and Park,Tree and Landscape Division of the Public Works Department during design and construction of the Park for further water conservation measures to review irrigation designs and drought tolerant plant use, as well as measures that may e incorporated into the project to reduce peak hour water demand ( ) The following conditions shall be completed prior to issuance of Building Permits: a Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A precise grading permit shall be issued (P Item 3. - 128 HB -186- c The final Tract Maps shall be recorded with the County of Orange and a copy filed with the Planning Department (PW/Code Requirement) d. All landscape planting, irrigation and maintenance shall comply with the City Arboncuitural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval The plan shall include all common areas,the proposed City Park, Graham Street setback area, and the paseo park The paseo park along the north property line shall include intensified landscaping to further screen possible headlight intrusion In addition, Revised TTM 15419 shall consist of non-invasive, native drought tolerant or wetland plant material without a permanent irrigation system (PW) e_ The Consulting Arbonst(approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain Existing trees to remain shall also be addressed by said Arbonst with recommendations/requirements for protection during construction Said Arbonst report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements The report shall include the Arbonst's name, certificate number and the Arbonst's wet signature on the final plan (PW) f An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Departments of Fire and Public Works. The applicant shall obtain any necessary encroachment permits from the Department of Public Works (PW) g. The project applicant shall implement conditions of the Public Works Department regarding storm drainage improvements which shall include, but not be limited to (MM) 1) Construct the necessary storm drainage improvements (identified on Exhibit 42 within the EIR)to handle increased flows and intercept off-site flows. 2) Ensure that future building pads are placed at elevations suitable to withstand 100-year flood. 3) Construct the necessary improvements to the East Garden Grove— Wintersburg Channel (C05) along the site perimeter from the westerly HB -187- Item 3. - 129 Graham Street right of way to the westerly edge of the vegetated flood protection feature h The applicant shall show proof of compliance with the Mitigation Agreement established between the Huntington Beach Union High School District, subject to the approval of the City of Huntington Beach. (MM) i. Pervious paving material shall be used whenever feasible to reduce surface water runoff and aid in groundwater recharge and slopes and grades shall be controlled to discourage water waste through runoff (MM) j The property owner shall construct the new sewer lift station and force main in accordance with the City-approved Sewer Plan for the proposed project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands (MM) k The Southern California Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures (MM) 1. SCE shall be consulted with during the building design phase for further energy conservation measures (MM) m The applicant shall provide proof of incorporation of City comments and/or conditions related to the overall proposed design and layout of buildings and landscaping The Design and layout of buildings shall be approved by the Planning Department (MM) 4. With the exception of model homes, 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. Installation of required landscaping and irrigation systems shall be completed (PW) b Landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of Record in written form to the City Landscape Architect prior to the final landscape inspection and approval. Installation of required landscaping and irrigation systems shall be completed (PW) c. A Pest Management Plan shall be submitted to and approved by the City of Huntington Beach that, at a minimum, prohibits the use of rodenticides, and restricts the use of pesticides, and herbicides in outdoor areas, except necessary Vector Control conducted by the City or County (4K) d. A Domestic animal control plan shall be submitted to and approved by the City of Huntington Beach that details methods to be used to prevent pets from entering the Open Space-Conservation areas. (4K) Item 3. - 130 HB -188- e The Developer shall provide, in connection with the sale of each housing unit within the development, an information packet that explains the sensitivity of the natural habitats within or adjacent to the project site and the need to minimize impacts on the designated ESHA and buffer areas and the prohibition on landscaping that includes exotic invasive plant species on lots that are directly adjacent to an ESHA or buffer area. The information packet shall include a copy of the Domestic Animal Control Plan and Pest Management Plan. f. The applicant shall provide proof that energy saving features have been installed in project homes as required by the California Building Code. Features may include: solar or low-emission water heaters, energy efficient appliances, double- glass paned windows, low-sodium parking lights, etc. (MM) g The public park shall be completed at the request of 50% occupancy (or by the 55 1h home Certificate of Occupancy). (PW) h. All public infrastructure must be completed per the approved improvement plans (PW) i. All improvements must be completed per the approved grading improvement plans (PW) j The applicant shall be responsible for improving Graham Street in accordance with the approved signing and striping plan (PWIMM) k Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only)copy of complete City approved landscape construction drawings as stamped"Permanent File Copy" prior to starting landscape work Copies shall be given to the City Landscape Architect for permanent City record (PW) I Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation (FD) m. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department (Fire Dept City Specification 407)(FD) n. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. o- Address numbers shall be installed on structures to comply with Fire Dept City Specification 428 (FD) p. Secondary emergency access gates must be secured with KNOX and association (if any) hardware. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept City Specification No.415. (FD) HB -189- Item 3. - 131 q Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification#415-Fire Lane Signs. If prior to approved signage fire lane violations occur and the services of the Fire Department are required, the applicant may be fable for related expenses (FCC) r The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department s Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department t 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 u Submit a copy of completed FEMA Elevation Certificate(s) based on construction drawings, or Floodproofing Certificate in the case on a non-residential structure, for each budding v. A second Elevation Certificate certifying the"as built" lowest floor for each building shall be submitted to the Planning Department, or a Letter of Map Revision shall be issued by the Federal Emergency Management Agency (FEMA) and submitted to the Planning Department. (Code Requirement) w. All drainage, pump station and channel improvements consistent with the intent and function of the facilities identified in the FEMA CLOMR, dated June 6, 2002, shall be completed in place and operational. A Letter of Map Revision(LOMR) from FEMA shall be obtained by the developer following completion of the improvements ( ) x Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads y. The project shall comply with all provisions of the Huntington Beach Fire Code and Fire Dept. City Specification 422,Well Abandonment. z The project shall comply with all provisions of the HB C Section 17.04.085 and Fire Dept City Specification 429, Methane District Building Permit Requirements as Testing to verify the estimated radon gas levels shall be implemented as deemed necessary by the Department of Planning ) bb.The following water conservation measures shall be implemented as required by state law 1) Ultra-low-flush toilets 2) Ultra-low-flow showers and faucets 3) Insulation of hot water lines in water recirculating systems 4) Compliance with water conservation provisions of the appropnate plumbing code (MM) Item 3. - 132 HB -190- cc. Water pressure regulators to limit downstream pressure to a maximum of 60 psi shall be installed (MM) dd.The applicant shall provide information to prospective residents regarding benefits of low water use landscaping and sources of additional assistance in selecting irrigation and landscaping (MM) ee The development shall comply with all applicable Mitigation Measures in Final Environmental Impact Report No 97-2, and as modified in the Addendum EIR ff The development shall comply with all standards and principles for Subarea 4K in the Local Coastal Program Coastal Element gg The applicant shall pay the applicable Traffic Impact Fee(TIF)- The actual allocation shall be approved by the City Appropriate credits shall be granted toward the TIF. The TIF shall cover the project's fair share of year 2020 improvements to the arterial street system. (MM) 5 The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. 6. Prior to finalization of the Tract or exoneration of the Warranty Bonds, maintenance for City maintained components of the City Park(Lots"A" and"S")shall be for a period of 12 months after the 90-day plant establishment period The Park may open at the beginning of maintenance period (PVV) 7. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred (FD) 8. A public art element shall be integrated and be in a location that is visible to the public within the Parkside Estates residential project. Public art shall incorporate the following a) Artistic excellence and innovation b) Appropriate to the design of the project c) Indicative of the community's cultural identity(ecology, history, society) The public art element shall be reviewed and approved by the Design Review Board, the Planning Director, and the Cultural Services Division Manager prior to issuance of any building permit for the project. The public art shall be in place at the subject site prior to final building inspection HB -191- Item 3. - 133 9 The Revised TTMs and CUP and CDP in concept shall not become effective until GPA 98-1(R) and Zoning Map Amendment No 96-5(R) have been approved by the City Council, and LCPA has been approved by the City Council, and California Coastal Commission, and is in effect INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Building, Mechanical, Plumbing, Electrical, and Fire Codes, Ordinances, and standards, except as noted herein 2 Construction shall be limited to Monday—Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays 3 All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits 4 The applicant shall submit a check in the amount of$50 for the posting of a Notice of Exemption or Notice of Determination at the County of Orange Clerk's Office The check shall be made out to the County of Orange and submitted to the Planning Department within two(2)days of the City's action. If a Notice of Determination is required an additional check in the amount of$1,993 for California Department of Fish and Game shall be made out to County of Orange and submitted within two (2)days of the Planning Commission's action. 5 The Mitigation Monitoring Program shall be adhered to.A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits 6 Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy and at the rate applicable at that time. The current rate of $163 per net new added daily trip is adjusted annually This project is forecast to generate a total of 1332 new daily trips for a total traffic impact fee of$217,116.00 or$1956 00 per unit (PW) 7 State-mandated school impact fees shall be paid prior to issuance of building permits 8 An encroachment permit shall be required for all work within a public right-of-way (PW) 9. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks (FD) Item 3. - 134 HB -192- SPECIAL ANNOUNCEMENT-Mayor Bohr will announce the month of June as Gay and Lesbian Pride Month. The month of June was first proclaimed by President Clinton to recognize gays, lesbians, their families and friends in commemoration of the Stonewall Inn uprising in New York City 40 years ago. Recognition of the Federal cultural heritage months is a program of the City's Human Relations Task Force. ANNOUNCEMENT OF CENTENNIAL MONTH -Mayor Bohr to invite Ralph Bauer from the Centennial Celebration Committee to announce June as Diversity Month. Mr. Bauer will give an overview of the events scheduled for the month to celebrate diversity in the community. ANNOUNCEMENT - Mayor Bohr to call on Councilmember Gil Coerper to recognize the Huntington Beach Art Center for a recent exhibit and event that was held. PRESENTATION - Mayor Bohr to recognize Eagle Scout Ian Ferguson for his accomplishments. PRESENTATION - Mayor Bohr to invite Erika Reardon, Chair for the Taste of Huntington Beach Committee, Ron McLin, President of the Huntington Beach Restaurant Association, Stephanie Beverage, Director Library Services and Nanci Williams, Principle Librarian from the Children's Library to present a check to the Huntington Beach Children's Library following the fundraiser held April 26th. PRESENTATION - Mayor Bohr to invite Children's Needs Task Force Chair Bob Dettloff to announce the honorees for the Youth Character Awards. PUBLIC COMMENTS (3 Minute Time Limit) 8 Speakers COUNCIL COMMITTEE I APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING None CITY ADMINISTRATOR'S REPORT None PUBLIC HEARING Public Hearing Item Nos. I and 2 are two segments of one public hearing and will be held concurrently. 1. (City Council) Public hearing to adopt Resolution No. 2009-27 approving General Plan Amendment 98-1(R); approve Zoning Map Amendment No. 96- 5(R)with findings and adopt Ordinance No. 3831 amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); approve Zoning Text Amendment No. 09-05(R) with findings; adopt Ordinance No. 3832 amending Chapter 210 of the HBZSO relating to Residential Districts; adopt Ordinance No. 3833 amending Chapter 216 of the HBZSO relating to the Coastal Page 3 HB -193- Item 3. - 135 Conservation District; adopt Ordinance No. 3834 amending Chapter 221 of the HBZSO relating to the Coastal Zone Overlay District; adopt Ordinance No. 3835 amending Chapter 230 of the HBZSO relating to Site Standards; and, adopt Resolution No. 2009-28 adopting Local Coastal Program Amendment(LCPA) No. 09-01 to amend the Local Coastal Program Implementing Ordinances to reflect Zoning Map Amendment No. 96-5 (R) amending the zoning for the real property generally located on the west side of Graham Street, south of Kenilworth Drive, and Zoning Text Amendment No. 09-05 amending Chapters 210, 216, 221, and 230 of the HBZSO and requesting certification by the California Coastal Commission (Parkside Residential Project). Recommended Action: a) Approve General Plan Amendment No 98-1(R) by adopting Resolution No. 2009-27, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 98-1(R)," and, b) Approve Zoning Map Amendment No- 96-5(R) with findings for approval and approve for introduction Ordinance No 3831, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance (Zoning Map Amendment No 96-5(R);" and, c) Approve Zoning Text Amendment No 09-05 with findings for approval and approve for introduction Ordinance No. 3832, "An Ordinance of the City of Huntington Beach amending Chapter 210 of the Huntington Beach Zoning Code Relating to Residential Districts," approve for introduction Ordinance No. 3833, "An Ordinance of the City of Huntington Beach Zoning Code Relating to the Coastal Conservation District;" approve for introduction Ordinance No. 3834, "An Ordinance of the City of Huntington Beach Zoning Code Amending Chapter 221 of the Huntington Beach Zoning Code Relating to the Coastal Zone Overlay District;" approve for introduction Ordinance No. 3835, "An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning Code Relating to Site Standards;" and, d) Approve Local Coastal Program Amendment No. 09-01 with findings for approval, and adopt Resolution No. 2009-28, "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No 09-01 to Amend the Local Coastal Program Implementing Ordinances to Reflect Zoning Map Amendment No 96- 5(R)Amending the Zoning for the Real Property Generally Located on the West Side of Graham Street, South of Kenilworth Drive and Zoning Text Amendment No. 09-05 Amending Chapters 210, 216, 221, and 230 of the Zoning Subdivision Ordinance and Requesting Certification by the California Coastal Commission." One vote held for Items #1 and#2. Vote is reflected below Item #2. 2. (City Council) Approve revised Tract Map Nos. 16377(R) and 15419(R) and Entitlement Plan Amendment No. 08-08 amending Conditional Use Permit No. 96-90 and Coastal Development Permit No. 96-18 (Parkside Residential Page 4 Item 3. - 136 HB -194- Development)with findings and suggested conditions of approval. Recommended Action: Approve revised Tentative Tract Map Nos 15377(R) and 15419(R) and Entitlement Plan Amendment No 08-08 with findings and suggested conditions of approval. 58 Late Communications 28 Speakers Approved as amended by Late Communication acknowledging revised Ordinances Nos. 3832, 3833, 3834, and 3835 striking language in Chapter 216, Section 216.04 (H) "including any area adjacent thereof'and adding language "staging of trucks shall occur onsite"to Condition of Approval No. 5J for Tentative Tract Map Nos. 15377(R) and 15419 (R). Approved 5-1-1 (Hardy No, Green Absent) CONSENT CALENDAR (items#3 through #11) 3. (City Council/Redevelopment Agency) -Approve and adopt minutes. Recommended Action: Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of May 4, 2009, the City Council/Redevelopment Agency regular meeting of May 18, 2009, and the City Council/Redevelopment Agency special meeting of May 21, 2009 as written and on file in the office of the City Clerk. May 4, 2009 and May 18, 2009 minutes Approved 6-0-1 (Green Absent) May 21, 2009 minutes, Approved 5-0-1-1 (Hardy Abstained, Green Absent) 4. (City Council/Redevelopment Agency) Receive and file the City Clerk's quarterly report listing of Professional Service Contracts filed in the City Clerk's Office between January 1, 2009 and March 31, 2009. Recommended Action: Receive and file the "List of Professional Service Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3 03 and Submitted to the Office of the City Clerk during the period of January 1, 2009 through March 31, 2009 " Approved 6-0-1 (Green Absent) 5. (City Council) Authorize the Director of Public Works to execute the California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Implementation Agreement to remain eligible for federal-aid funding from the Federal Highway Administration (FHWA) for local transportation projects. City Council Recommended Action: Authorize the Director of Public Works to execute the "California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies." Approved 6-0-1 (Green Absent) Page 5 FIB -195- Item 3. - 137 ATTACHMENT #8 Item 3. - 138 iiu - irn 4 4 5 0 BOLSA AVE V) of V) Mc FADDEN AVE. EDINGER AVE z < cn C) 0 y E < > 0 -r I Ld Ld C�� < --I �p HEIL AVE_ < U) 0 ME < It: < < cf) 0 K < z Li iE 0 0 o 0 WARNER uj AVE. M o- -Z�HAUL ROUT—/ SLATER AVE. M DIRT HURL FROM TALBERT AVE CHANNEL PROJECT Ff t IS AVF 0 > GARFIELD WAVE PROJECT SITE PACIFIC M- OCEAN YORKTOWN AVE ADAMS AVF INDIANAPOLIS AVE ATLANTA AVE. in z CITY OF HUNTINGTON BEACH < ORANGE COUNTY CALIFORNIA -\M Y2 Y4 0 1 MILE 2 MILES HB -197- Item 3. - 139 ATTACHMENT #9 Item 3. . 140 uw _i9w_ ACCEPIED AND FILED AT THE SHEET 1 OF 9 HE O SHEETS TRACTN®. ■ S ET 1 F 9 LOTS AND LOTS A B,C,E THROUGH Q INCLUSIVE, LOTS S.T,K Y,Z AA AND BB. IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, FIRM AMERI N n F -TARP Nr GROSS AREA 44.988 ACRES STATE OF CALIFORNIA DATE: IF NAL UNIT OF TENTATIVE TRACT NO 16377) BEING A SUBDIVISION OF A PORTION OF PARCEL A OF THE DEED TIME. FEE f REOORDED SEPTEMBER 19,19M AS INSTRUMENT NQ 19980479182 INSTRUMENT NO OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE BOOK PAGE HUNSAKER AND ASSOCIATES IRVINE;INC PAUL R.HUDDLES70K JR, LS.7083 DATE OF SURVEY MAY,1997 AND JUNE,2D13 "i"NGUYEN COUNTY CLERK—RECORDER BY OWNERSHIP STATEMENT SURVEYORS STATEMENT DEPUTY WE THE UNDERSIGNED BEING ALL PARTIES HAVING ANY RECORD TILE INTEREST IN THE HAND COVERED THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A P1E1D SURVEY IN BY T9S MAP DD HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AS SHOWN CONFOMANCE W1H THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE WTN THE DISTINCD\E BORER LINE REQUEST OF SHEA HOMES LIMITED PARTNERSHIP A CALEORNA LIMITED PARTNERSHIP N WWMBER 2012. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF 111E CHARACTER AND OCCUPY THE POSITIONS INDICATED THE REAL PROPERTY DESCRIBED BELOW S DEDICATED IN FEE MR PUBLIC STREET AND PUBLIC UTILITY OR THAT THEY WLL BE SET IN SUCH POSITIONS WITHIN NINETY DAYS AFTER ACCEPTANCE OF PURPOSES.GRAHAM STREET RIVERGATE OLIVE.COBBLESTONE LANE.JUNIPER LANE RRROWS LANE NpRo IENR'AND THAT SAID MONDMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED I EUCALYPTUS LANE,AND GOLDENROD CIRCLE HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONRTIONALLr APPROVED TENTATIVE MAP lA IK 116R®Y RESERVE 10 OURSELVES,OUR SUCCESSORS.OUR A59GNEF3 AND OWNERS WTH iH15 TRACT i AN EASEMENT FOR MAINTENANCE AND ACIST PURPOSES OVER LOT X 2 AN EASEMENT FOR LANDSCAPE MAINTENANCE AND ACCESS PURPOSES OVER LOTS A AND S PAIR HUWUSI N LS ND 7pB3 A---fi'TE/ WE ALSO FOEHY DEDICATE TO THE CITY OF HUNTNGTON BEACH 9 1 THE EASEMENTS FOR PUBLIC UTILITY PURPOSES AS SHOWN ON SAIO MAP OF G \ COUNTY SURVEYORS STATEMENT 2 11E EASEMENT FOR WATER PURPOSES AS SIIDWH ON SAID NAP I HEREBY STATE THAT I HAVE EXAMINEDA THIS MAP AND HAVE FDIAIT THAT ALL MAPPING S THE SAID MAP FOR$TORN GRAN PURPOSES OVER LOT N AND A PORTION OF IDTS C AND O AS SHOWN SAID MAP IS THE CALLYSUBICDR MAP ACT HAVE BEEN COAPlfO WITH AND 1 AM SATISFIED ON SAID MAP SAID NAP S IECHMCALY CORRECT 4 THE EASEMENT FOR SEVER LIFT STATON PURPOSES AS S14OVN ON SAID MAP DATED THIS DAY OF 2015. i THE EASEMENT FOR EMERGENCY ACCESS PURPOSES AS SHOWN ON SAD MAP KEVIN R HILLS COUNTY SURVEYOR LS.6617 EXPIRATION DATE 12/31/I# 2PV�5 LVf�(y'PL� S14EA HOMES ITED PAR HIP A CALIFORNIA UMRED PARTNERSHIP-OWNER A BY BN Al Ib.M91 NAMI ,1PL„n 4 `,nII�+S Sr CRAG S WEHRNAN,CHEF DEPUTY SURVEYOR �lF OF CAL\E�� AO/3fiUd9{R17 TITLE I.ERw4r+'1 `_- 1 COUNTY TREASURER-TAX COLLECTORS CERTIFICATE STATE OF CAJFORNA 1 Jy ss COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE TEE ARE NO LIENS AGAINST THE LAND COVERED BY TH S MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSSSFIENTS COUX.10 AS TAXES EXCEPT TAXES OR SPECIAL ASSEb14ENTS OOLLECTED AS TAXES NOT YET PAYABLE. AND DO MRIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBONSON MAP ACT HALE BEEN COUPLED NTH REGARDING DEPOSITS TD SECURE PAYMENT Or TAKES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LARD COVERED BY THIS MAP GTED THIS DAY OF MD NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER—CER CO 11—G THIS CERTIFICATE VERIHES ONLY THE SHAM L FREIDENMCH BY IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS COUNTY TREASURER-TAX COLLECTOR DEPUTY TR;ASURER-TAX COLLEC70R ATTACHED AND NOT THE TRUTIHFU[NESS,ACCURACY OR VALIDITY OF THAT DOCUMENT r CITY ENGINEERS STATEMENT STATE OF C"I�I}'O NA11 4 i HEREBY STATE THAT I HAZE EXAMINED TH'S NAP AND HAVE FOUND IT TO BE SUBSTARTWLLY IN I��_�� CONFORMANCE NTH THE TENTATIVE MAP As FILED WITH AMENDED AND APPROVED BY THE CITY COUNTY OF 0�11? w BANNING OOMMS9ON THAT Al ON PROMSS OF THE SUB IL DIVISION NAP ACT A CITY SUBDIVISION -�&ON .aC� BEFORE ME./-JeTl'I IY.�J C/II nSOAj A NOTARY PUBLIC RELATIONS HAVE BEEN COMPILED WITH PERSONALLY APPEUDv-'-h7T Va.Ta/ra/ram vets PROVED TO L¢ON THE BASS OF SATISFACTORY EVIOEINRI TO BE TILE PFISON S WHOSE NANE(S THE STATEMENT WILL TAKE EFFECT UPON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVES WHO P () ) THE MAP AS TECHNICALLY CORRECT. WARE SUBSCRIBED TO TIE WITHIN INSTRUMENT AND ACKNOWED ED TO ME THAT-K/5-f'WEY ED TE ER EXECUTED SATE IN M/A5R/T AUDPoII ND RD CAPACITY(IES)A THAT BY4Nit-'11 /THFTR DATED THIS Af DAY OF A/P1451I 2015 SONAIURE(S)ON THE INSTRUMENT THE POMN(S).OR THE ENTITY UPON BEHALF OF WHICH THE /1 T' S PPNrAu. PERSONS)ACTED EXECUTED THE IN51RIMENT 1 CERTIFY U OER PENALTY OF PERARY UNDER THE LMS OF THE STAIE O CALIFORNIA THAT THE FOEGONG PARAWAPH S THE AND CORRECT Ott ENGINEER CITY OF HUNTNGTOI BEACH M' E* WTESS M�YJKANNI R.CE 5=0 EXRRATIDN DATE O6/3D/Ml'f SGNANR�4J6/�C 4��''�� EVIL T A �i" Mr uPAI PLARI OE BUSINESS Is 9�OFO0.F NOOOT�ARYYPPUBLI,CAN,AM FOR SAD STATE IN PPo COUNTY CITY CLERKS CERTIFICATE L.G/h A./IK/fAl,�1�.DYN� MY COMMIRTON EXPIRES;�-1�90-'QOI S Mr CQMMmTON STATE OF GLEORNIA lr (NAME PRINTED) p OF HHLNTNGTON BEACH J Nor7N7G/CAS I HEREBY CERTIFY THAT IRS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTNGTION BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF TARY ACKNOWLEDGEMENT =5 AND THAT THEREUPON SAID COUNCIL DID BY AN ORDER DULY PASSED AND ENTERED APPROVE SAID MAP AID DID HEREBY ACCEPT ON BEHALF OF T PUBLIC SIbECT TO IMPROVEMENTS.NE D HE EDICATION N FEE FOR PUBLIC STREET AND PUSUC UTLITY PURPOSES OF GRAHAM A NO Y PUBLIC OR OTHER OFFICER COMPLETING=CT-.Z1ATE VER ONLY THE STREET RIVERGATE DRIVE,COBBLESTONE LANE JUMPER LANE,BURROWS LANE,EUCALYPTUS Llw,AND IOLTNTTY THE FDI MODAL WHO ZONED THE COWMENT lD NHI(OR GIIRTEIGTE S GOLDEN 0 CIRCLE. ATTACHED 0 NDT THE TRUSTFULNESS ACCURACY DR VALIDITY THAT DOCUMENT AN O DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTNGTON BEACH,SAO APPROVAL 10 THE EFFECT UPON THE APPROVAL OF THE NAP BY THE COUNTY OF ORANGE STATE OF i THE EA.SEMFNIS FOR PLHUC V1WTY PURPOSES AS DEOG7ED COUNTY OF 2 THE EASEMENT FOR WATER PURPOSES AS DEDICATED ON NE ZA NOTARY PUBLIC PERSONALLY APPEALED S THE EASEMENTS FOR STORM DAM PURPOSES DYER LOT N AND A PORTION OF LO15 G D.T Z ART. AA ASS DEDICATED WHO PROVED TORI ME ON THE BASS OF S CONY ACKNOWLEDGED DOE THEE THAT SHE/NAIIgS) SNARE SUBSCRIBED SEAM TINTS HW7HINER/7 IN MT AND ACKNONIEDGEO TO THAT TEAT HF/SNE/DEY l THE EASEMENT FOR SEVER LIFT STATION PURPOSES AS DEDICATED. EXECUTSIGHAT R THE SANE I INSTRUMENT R THE ENTITY AND MAT BY OF M ICI THE SGNATRgS)ON THE IFSIRYYENT PETSOJ( OR llf ENTITY UPON BEHALF OF WHICH THE i THE EASEMENT FOR EMERGENCY ACCESS PURPOSES AS DEDIGTFA FERSMM ACTED EXECUTED THP MOMENT I CERTIFY UFDFJR PEHAM OF RY UNDER THE LAWS OF ATE OF CALIFORNIA THAT THE FOREGOING PMADRMN S TRUE AND RECT THE OTY COUNCIL APPROVED THE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 56436(P)(S)(A)A(C)OF THE SUBDIVISION MAP ACT SAID APPROVAL TO THE EFFECT UPON THE APPROVAL WTNESS MY HAND OF THE NAP BY THE COUNTY OF ORANGE THIS STATLFEXT WLL TAKE EFFECT UPON THE DATE UPON WHILTH THE COUNTY OF ORANGE APPROVES SCNATUR MY PRINCIPAL RACE BUSINESS S THE MAP AS TECHNICALLY CORRECT NOT LBUC IN AND FOR SAD STATE IN COUM MY COMMISSION DFIRES. DATED TBS GY OF 2DI5 NAME PRINTED) JDAN L.FLYNGM MY COMMISSION NO CTY CLERK OF THE CTY OF HNTINGTON BEACH CITY PLANNING COMMISSION CERTIFICATE IT (DEPUTY) 1 SCOTT HESS,SECRETARY OF THE PLANING COMMISSION OF THE CITY OF HUNTNGTON BEACH CALIFORNIA DO HEREBY CERTIFY TAI I HAVE EXAMINED THIS MAP AND HAYS FOUND I TO BE SUNSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILE"WTLL AMENDED AND APPROVED BY THE WN71NGTCN BEACH CITY PLANING COMMISSION. DATED THIS 1—° DAY OF 2Oi CITY H OF UNTINiGGTON BBEACH CITY PLANNING caxrtssDN SEE SHEET 2 FOR SIGNATURE OMISSIONS HB -199- Item 3. - 141 SHEET 2 R 9 SHEETS TRACT ^� ®. J���� 111 NUMBERED LOTS AND li—(l1(r��lV_ +'V�LOTS A R G E THROUGH O,INOLUSNE LOTS S,T X v Z AA AND BB. IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, GROSS AREA 40.98E ACRES STATE OF CALIFORNIA. (FINAL UNIT OF TENTATIVE TRACT NO 15377) HUNSAKER AND ASSOCIATES IRVINE,INC PAUL R.HUDDLESTON,JF, LS.7083 DATE OF SURVEY MAY,1997 AND JUNE,2013 EASEMENT NOTES: SIGNATURE OMISSIONS O INDICATES AN EASEMENT FOR PUNK UTILITY PURPOSES DEDICATED HEREON M ME GOT OF FOLLOWING TO THEEIRES HAVE BEEN BB OF EEN SECTION OMITTE�X(a)(3)(A)9C)OF THE SUBDIVISION MAP ACT THE HUNTINGTON BEACH.BEAC ONDCATES AN EASEMENT FOR EMERGENCY ACCESS PURPOSES DEDICATED HEREON TO THE CITY OF THE USE AND CONTROL CIF CIENET:AS AND NATURAL STREAMS OF WATER AND THE RIGHT OF WAY FOR AND HUNTINGTON BEACH TO CONSTRUCT IRRIGATION OR DRAINAGE OTC,ES AS RESERVED BY STEA RNS RANCIRDS COMPANY IN DEEDS RECORDED N BOOK 31X PACE 163.BOOK 30 PAGE 240 AND IN BDK 8 ®S C5 PACE 97 OF D (NOT © INDICATES AN EASEMENT WATER PURPOSES DEDICATED HEREON TO THE OTT OF HUNTINGTON BEACH PLOTTANE) INDICATES A I5 W EASEMENT FOR STORM MAIN,PPOUNE AND NCUENTAL PURPOSES N FAVOR OF A OL AND GAS LEAS FMECUTFD BY SOLSA LAND COMPANY AS LESSON AND SIGNAL OIL AM GAS COMPANY LJ THE COY OF HUNTINGTON BEACH RECORDED NOVEMBER OS.1982 AS INSTRUMNT NO 82-39=6 OR AS I ESSEE,RECORDED DECEMBER 12,194E IN BOOK 1120 PACE 435 OF OFFICIAL RECORDS EOINDICATES AN EASpAENT FOR SEVER UFT STATION PURPOSES DEDICATED HEREON TO THE CITY OF UNRECORDED EASEMENTS,GRANTED TO THE CITY O LONG BEACH AMID SIGNAL OIL AM GAS COMPANY BY HUN NG IXi BEACH CONVEYANCES DATED JANUARY 2.1957 AS DISCLOSED BY REATALS IN THE DEED TO SECURITY FIRST NATIONAL BANK.RECORDED AUGUST 26,195D IN BOO(5300 PAGE 30 OFFICIAL RECORDS(NOT OINDICATES AN EASEMENT FOR STORM DRAIN PURPOSES DEDICATED HEREON TO THE CRY O PLOTTARLO HUNTINGTON BEACH RIGHTS AND INTEREST RESERVED IN VARIOUS DEEDS 10 BOSA-MESA CORPORATION SOLSA-LDS PATIOS CORPORATIOL ROLSA-LAGNA CORPORATION BDLSA-GRANDE CORPORATION AM BO.SA-PAC61C CORPORATION ONE OF WtlCH RFDDRDED RUNE 255.1964 IN BOOK 71M PAGE 115 OF OFFICIAL RECOR06 TERMS AND PRDVRTDNS CONTAINED IN THE DOCUMENT ENTITLED'BOLSA-AGNAL CONVEYANCE RECORDED JANUARY 39 ISM AS SON 9204 PAGE 1 OF OFFICIAL RECORDS ADDITIONAL NOTES A COMNNIIN OIL AND GAS LEASE DIECUI D BY THE STATE OF CALIFORNIA AS LESSOR AND SIGNAL OIL AND GAS COMPANY AS LESSEE,RECORDED AUGUST 17 1973 IN BOOK IDB55,PAGE 432 OF OFFldAL RECORDS AN IRREVOCABLE OFFER TO DEDICATE LOTS A D 5 Y IN FEE R0E TO A PUBUC AGENCY(IES)OR THE CITY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR STORK DRAIN,PIPELINE AND INCIDENTAL NON-PROTT FNRMIES)ACCEPTABLE TO THE EXECUTIVE DIRECTOR OF THE CAUFORNIA COASTAL PURPOSES RECORDED NOVEMBER 5 1982 AS INSTRUMNT NO 62-39DO16 OF OFFICIAL BECOME. COMMISSION INCLONG THE CTY OF HUNTINGTON REACH FOR PUNK INFRASTRUCTURE AND PUELMC ACCESS A U(WSE AGREEMENT FOR ACCESS PURPOSES IDECTITED BY AND BETWEEN SIGNAL SOLSA CORPORATION AND RECREATION PURPOSES RECORDED JULY 23.2015 AS INSTRUMENT NO 2015000MMS OF OEIdAL AND SHEA H0/1E5 COIFED PARTNERSHIP RECORDED SF7'1FMBER 19 1996 AS INSTRUMENT N0.96-479183 RE RD$ AND TENT TXTFNSICI OF UCEN5F AGREEMENY RECORDED MARCH D2,2000 AS INSTRUMENT NO AN IRREVOCABLE OFFER TO DELICATE LOT Y RI FEE TITLE TD A PUBLIC AGENCY(IES)OR RCN-PROFIT 20)OO13W2,BOTH OF OFFICIAL RECORDS(BLANKET N NATURE} ENTITYCES)ACCEPTABLE TO THE DECUMVE DIRECTOR Or THE CALIFORNIA COASTAL COMMISSION INTEUONG A LICENSE AGREEMENT FOR ACCESS PURPOSES EXECUTED BY AMID BETVEE N THE METROPOLITAN WATER THE COUNTY OF ORANGE R 000 CONTROL DISTRICT FOR PUBLIC INFRASTRUCTURE AND PUBLIC ACCESS AND RECREATION PURPOSES RECORDEO JUY 23.MIS AS INSTRUMENT NO 2R50p03B36A5 O OFLIOAL 95 4791 AND TEA HONES LIMITED F LACERS A RECORDED RECORDED 19 1996 AS INSTRUMENT NO RECORDS 9IDODI1 0 AMEN THAN EXIFNSION OF LICENSE AGEII NA RETYIROF6 MARCH 02,2m0 AS NSTRWa'T N0. 2DCOD11]092 BDIN 6 OFFICIAL RECORDS(BLANKET IN NAIUFE} AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT OVER LOTS O M D AND T TO A PUNK AONCY(IES)OR NON-PROFIT ENTTY(ES)ACCEPTABLE TO THE IDECUTTVE DIRECTOR OF THE CAUFOLNM COASTAL COMMISSION INCLUDING THE CITY O HUNTINGTON BEACH FOR PUBUC ACCESS AND RECREATIONAL USE PURPOSES WAS RECORDED ON.ULY 23 2015 AS INSTRUMENT NO 2RSODO7936BL O OFF CAL RECORDS. AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT OVER LOTS Z' AA AND BB TO A PUBLIC AGENCY(IES)OR NON-PROFIT ENTITY(ES)ACCEPTABLE TO THE DXECU EVE DIRECTOR OF THE CALIFORNIA COASTAL COMMISSION FOR CONSERVATION PURPOSES WAS RECORDED ON JULY 23.MIS AS NSTRUMENT NO 2015000.783683 OF OFFICIAL RECORDS NOTES USE TABLE UE TABLE CONED UE TABU 1 LENT A IS FOR ACTIVE PARK PURPOSES AND IS NOT A SEPARATE BUILDING SITE. LINE BEAM4G IEIRDIN ONE MAIM LENGTH LYE SEVEN, LESSEN, Lt O9 N tZ9 NS6'D4 1 161 N6R'MW 172 2 SOT B IS FOR SEWER LIFT STATION PURPOSES AND S NOT A SEPARATE WELDING SITE. L2 NS 3-V LR1 2'IOJ9 E 2855 32 T 3 LOTS C IS FOR PUBLIC SIDEWALK AND LANDSCAPE PURPOSES AM S NOT A SEPARATE L4 N ,IYm L31 'E I1 U3 ri'S5E 11A7 BUILDING SITE. L4 NW4339E' 79I L32 N79'15N 196 U4 IS 131 la U5 NT S WIN SIRS 4. LOTS E 7HRDUCH M ARE FOR LANDSCAPE PURPOSES AMID ARE NOT SEPARATE BUILDING UE MP19 ` l>s W 4�5. L7 41T f35 N4 QVN X07 L67 NSTO 27W 9 N NTS':E i] L34 UB rw 5. LOT N IS FOR PEDESTRIAN ACCESS AND DRAINAGE PURPOSES AND IS NOT A SEPARATE LB 465 LSI MSTODIEW 1398 U9 N22' B BULDNG SITL LID NW2"O'W 125E 13B W 09 V9 Mr57 "E a2 Ltl B G L39 WBT3,D T 34M IN 6 LENT 0 IS FOR PASEO PARK PURPOSES AND IS H07 A SEPARATE BUILDING SITE U2 15 W 19 L40 N L72 HEfWQFE U] LH M6'21 JEER L73 RAO 7 LOT S IS FOR PASSIVE PARK PURPOSES AND S NOT A SEPARATE BUILDING SITE LM 9 L42 71 L74 NA S77 L15 N 3'3551 1325 L43 NOT N m a. L3 B. L07 T IS FOR OPEN STAGE PURPOSES AND IS NOT A SEPARATE BUILDING SITE U6 LM X LNE 1 E N.m RMD Ll7 t1'OTm W 49 L45 N.S w L77 9 LOT X IS FOR NATURAL TREATMENT SYSTEM)PURPOSES AND IS NOT A SEPARATE BUILDING L" LES n1W L79 247 SITE. US PSIS S.Y BB L47 'Inv L79 N 10 LOT Y IS FOR VEGETATED FLOOD PROTECTION FEATURE PURPOSES AND IS NOT A SEPARATE Lao L40 NZSTIf LED Nm`MfZ3'E SOD' l21 2rE 1 65 L49 9 LB1 BULGING SITE 171 C`A MI'Ib SY la U2 IW4 A0'RMD 75 11 LENT Z IS FOR WETLAND AREA PURPOSES AND 15 NOT A SEPARATE BUILDING 91E. UVI N 4 215 L31 LaT TM LEE 152 S'SL T B6l L& 9 'Y/ 12 LOT AA IS FOR BUFFER AREA PURPOSES AND S NOT A SEPARATE BUILDING SITE la OYIY m12 L53 M l26 U4 N -3 UNS 4 RAD 13 LOT BB IS FOR OPEN SPACE PURPOSES AND S NOT A SEPARATE BUILDING SITE U27 Y 1 LS M W N L78 LBB NW DI 6 SIB OB TM 14 LOTS C,N 0 AND T ARE SUBJECT TO PUBLIC TRAILS AND PUBLIC ACCESS PURPOSES PER <H THIN' ' USERS EASEMENTS DESCRIBED HEREON 15 LOTS A,B AND S ARE SUBJECT TO PUBLIC ACCESS PURPOSES PER EASEMENTS DESCRIBED mRVE TABS GIRVE TABLE( D CURVE TINE HEWN CURVE I DELTA I RADUS I LENGTH CURVE DELTA I ROM I UNGN CURVE DELTA RAOLI9 1ENGTN 16 LOTS D P 0 R.U Y AND W AS SHOWN ON THE APPROVED TENTATIVE MAP ARE ND LONGER O CN 5 CA I IP4735 1 19 IS 1375 USED AS ACTIVE LOTS AND ARE NOT SHOWN HEREON. Q 4'22'I Sam >S-7 Q6 59 H-ff I tam IMVC46 ] CS WE` .91 G49 ryrffr X. 295 [THE LANGUAGE.ACTIVE LOTS .PASEO PARK, PASSIVE PAR(AND-ACTIVE PART(SHOWN HEREON G E' r MLc: 3D2D' Q7 1 lw I 11 6D S SPECIFIED BY THE COASTAL COMMISSION AND CANNOT BE CHANGED) C' _n I&W Rif C2B m' m 3D57 65I 5M77' ?750D' 2D T, O 1-04E BUID' 1aa5 CN IS- m CSP D CJOI,SIR t0a0C D4.2 C57 O6'25 45OD m.m O B(fJ7T6 00' 264Y 13I 4 4 CSI 2117115, m SAM ® C32 m tonOD 9.t6 ON 00 BMfw CS3 CSfi nl 1 CM .3.ww 1n 146' C47 "5 ww m 1r C12 ME ZI MAD CS 5'Sr C96 30 3415 Ia00' 1n40' 03 BrIn, 27M Ole 2rITIN SOW wl C14 N 46ff .w ZAeY GP 911 lIw OD 4W4WMI 4ZW 3O 5 D07 C33 6' St 2aD 24 tM ] 9 6ao' CT9 TES' ] 02 IrSD'C40 48'2BTIY aD M61 C631 E54 S4m Cq C644SOS:T 944 DQ 61'S M ]90D 11 I6' C6 m 4Y GO ORDTN'19 ]LED 1T Do 14n 6Y 46m 1 CG 1 67M C8 1m1129 2naD 3.6 C45 30m t OB SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT;MONUMENT NOTEA RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP Item 3. - 142 HB -200- i SHEET 3 OF 9 SHEETS TRACT9CAL.E.T=200' YY�\�®. 15 377 TII NUMBERED LOTS AND LOTS A,B.C E THROUGH O,INCURSIVE IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS&T,X Y,7,AA AND BB. STATE OF CALIFORNIA. GROSS AREA.44258 ACRES (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. TRACT NO.1597Y1 PAUL R.HUDDLESTON,JR. LS 7083 DATE OF SURVEY MAY,1997 AND JUNE.2013 BOUNDARY AND SHEET INDEX MAP OINDICATES SHEET NUMBER BASIS OF BEARINGS MONUMENT NOTES(CONT'D) THE SEA RINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN D C S HORIZONTAL CONTROL PA INDIGOES BEARING AND DSTAHE OF LOT TINE 1NpFCRON FROM FRONT LOW OWNER TO STATION GPS Nu 5095 AND STATION CPS No 5079 BEING N00'105(rE PER RECORDS ON FILE IN MORUMEM lIEES OhFRWSE NOIm THE OFFICE OF THE ORANGE COUNTY SURVEYOR, id1HT PUNCHED RNUROAD 9'OE AT THE SREE[OMEId9F N1F1$CTO4 PER TRACT No 5792 DATUM STATEMENT MM 22D/8-11 FL119i. 005 GPS STA.No,5M5 N Z20S111407 E 6.0IB.5841)27 IBM MUTES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM(GCSB3)ZONE W TG NG YEL"UAENIT NTH 2 TIT ADINLM OS((LIEGIE E)DIL 15'AT THE SKEET ONEIDNE 198T NAD (1991 35 EPOCH OCS CPS ADIISTUENT} INTQWCIWN A0i.P1ED AS TIE Lia"ENT PER TRACT No 86M LOR 382/7-10, OM(PS STA. ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED TO 087AIN GRID DISTANCES Ulu 3079 N 2205926897 E 6,019552747 IAULTPLY GROUND DISTANCE BY 0 99998169 (SCALE FACTOR IS PROJECT SPFOFlC} LOAD PUNCHED RAILROAD SPRE AT THE STREET CTNOFTdURE IW64SECTM PER TRACT No 579Z M.N. 22778-n MONUMENT NOTES: ® FOUND T'NON PIPE,WITH NNL HD TAG,NO REFERENCE(S10YO2IM 0110 f L�S.706T AT ORALL LEAD &TAG I-.7COMERS OR 90 GAYS AFTER 00 OR 8(f N STAMPED MARIJ9m COMER BY CITY TIES(BOOK KINDER 00716Z SHEET 4-13)PER TRACT No 579Z NUN. ACC WpROdOUONTS LINES CI ERFASE NDIFA id1HT CONCRETE NAIL AT CORNER,N0 TAR.ND RET7)ENGE 1 LP TAGGED LS.7083 OR LEAD TAG(&TAG LS 70M OR MAL k TAG LS 7083 OR 6 STWl STA/4 TN3. D ES1,94D CORNER ON THE CEN 1FTQRE OF GRAHAM S114M AT FECOW DISTANCE PER ELSE LS 7083 TO TE SET AT ALL 107 CORNERS DO"LOT MINERS THAT ARE THE*MtMCN TF S F 92/19-25 FRO1 THE CENIERLI E INEMM0ON OF SLATER AVENUE AND GRAHAM STREET LOT ORES WTi SBEET RIGHT OF WAY WTNN 9D DAYS AFTER ACCEPTANCE 6 6RDILAETNI$lLLF3aS FOUND RALRKND SPAO'(ND PUNCH WAR<)AND WRAASER(ND STAN NOA NO RETFSEIAE(53P5935'E. OTIORN E Norm 6 ""I LEAD TACK AI TAG LS 708T TD 1E SET N TOP OF CURB ON ALL SIDE LOT LINES PROCIM OR ESTASJ9m BY NITIMCiKN CONTINUED 625 FEET FOR LOTS 1 THROUGH in INMATE.FROW THE INTERSECIIOI WTi S1FE.ET RIGHT OF WAY FOR ALL SINE LOT LINES RADIAL OR PE7d4D CU AR TD SKEET NIGHT OF WAY WTHN 90 GAYS FOAL Z-NOI PIPE WTH BRASS CAP(1 3/8-)STAffED"OOtD-R/W*AT B.C.PER R58 AFTER ACCEPTANCE OF APROEak711°UI M OH$RWEE NOTED FOR AL SIDE TOT J*-.HOW-RADIAL OR 92/I9-28 NON-PFREENDI IAM TO SKEET RIGHT OF WAY BLARING AND DSfAI(E OF PRODUCTION IS AS NOTED HEREON 8 FG1ID WELL MO.WIN 2 I/Y BRASS CAP SRANFED H13 OTY PHI HOCRD S/R14Y 104/16.A B SLW STA'pm LS 7Ga3 OR LEAD.TACK&TAG LS 7083 OR 1 IF TAGGED is 708310 BE SET AT DUCT No tO67,M.M.513/14-15 A(ZSfPIm AS NW COMER O'S.1/1 OF W 1/a[F SLCTOI 28 ALL STA57 ON1ER E FMIS OF CONTROL.WTHN 90 DA`S AFTER ACCEPTANCE OF IINRDVD.ENIS i5S R71 W UNLESS OR4RWSE NOTED FORD SPITE AD W44ER STAPED RCE IBM PER TRACT Na 1OB536 MAL 513/14-15 NOMIILN 1NTHW,TSNUM WUL BE ET 'STREET LETTEREDR LO cG DOCE5PT W4RE UNLESS SAIDCIHE COff ERS NOTED, MUD VIE L MONUMEN[T WTH 2 1/7 BRASS CAP STNp PARCEL O PER FUSEL iDl/14 PA LJ MAP N IB9/3"AND TRACT No 10853 Mk S3/ih1S AOXnM AS NW COMER SECTION 2A • INDICATES FOND MXAe4T AS NOTED OR LOCATION OF MONWENT TO BE SET AS NOTED. TM R11 W ■ NOG1E5 NOSING ID EE SET. 11 FOND RAILROAD SATE(ND POND(MARIV R1S CITY T6(BOOK NUM 007165.51ELT 10-13 AND ��c��� BOOKOD16A SHEET 11-13)PO TRACT No,3SM Mu 22D/�11 - e INDICATES FOND ORANGE ODNTY S WTUfT C P S CONTROL STATION MCNIUWAT PER RECORD SEARCHED EGAD DTH N6 1 WTI ON FIE IN THE OFFICE OF THE LAGL 'NTY S ICIIE 0R I` RECORD DATA NOTES C)INDICATES RECORD DATA AS NOTED / wiIa!f>IN 10 W ARNER N () DICATES RECORD AND W"RED DATA AS N OYEDL AOUE 91 INDICATES RS 8 8 92/19-2 122 INDICATES TRACT NO 5792 M M 220/0-11 N = $ 3A AY _ 4 o n � R3 INDICATES RS 0-1(IDQ RSH 169/2538 R4 INDICATES TRACT NU 10853 MiM 513/14-15 _ DLN'®AR R5 INDICATES INST ND 109604791 BZ O R 2 $ - TTKA��� LANE E�gp1R0Y DRIVE m N I^b DRIVE FIB 6DICATES BOOK 49BO,PAGE B7 C.R. R F~ _ a ro R i1PGT Na 5792 OIL o ,1c6•w°�''/T _ t: 220/8-11 E KEN10110 i DRIVE I m g_j; TERACT 12 / lT353YW .s h n^ 11 2 BIM 2OWBA(i655 A RI xss 4G RL A056.58'RZ) _ 4 CCTV f7W14x ITODT RI -- 15W A7 O501AT 112) r 67 100124 R41 Y [,,73mj RT PASSIVE LOT O LOT O PASEO PARK LOT B 1 %J? y PARK 1 — -- VERGAIT F LOT O„^ (O TM T YL c rto < M NORTHERLY PROLONGATION LOT GET LOTS ACnVE 65 66 78 TT B2 SIB UK 108'q7 R +N ON THE EASIMY LINE OF7 �I 4960/67 DA '7� PARK 64 !iT 76 7B 91 04 o m T = V LC` Nn O N y E LOT AA LOT A oIs N;a Ra T4 79 90 t>s R- xit iD z " S Al 10 no me 35 n oz D9 R Z � m I 62 p b >D 3 to m E`� � !g G Gnu _ n 108 4 2 0�ON6 HRN.GI LOT 2 6T 80 72 Bt $ S C Nl8 t tDD 6 /F'i s 12 © LOT AA ea M ;$ n 82 ee GTR B `•t 1 N 49 Hsz � 7D m � ea `HITS 6 T 6 RE956za'F 4)30D '6 48 83 1—RBI �v aryl IS 5100� — ——— 47 tH 1w 88 II w �) 1 �� of � � �,,E T6 14 � ✓' FED Col l,sT p�(r W 1 W `at 46 OB Q V'"� 416 c u {I' !�L'tl P ■ �' LOT Z 7 42 44 `01 2D A OP d c MI E$ oil $ 39'° LOT AA88 �24 37 LOTY p 2E u m .` 1 12 90 '0 gP�GS [Moe RN1 1581{' LOT x 92 81 f R89962rE 4n 00 BB tt(FHUNIP ��y�'4�s e��12 �cT•o'�yl � �S I I �� SLATER AVENUE r o°N ffi '': All / 0 1 12 996�p,� SEE SHEET 2 FOR SIGNATUREAND CURVE ONS,TAP'EASEMENT '��g31'w 1 'PigB, NOTES,NOTES AND LINE AND CURVE TABLES 7 (9804 �EJ y iF . HB _201- Item 3. - 143 SHEET 4 OF 9 SHEETS ■ -®• ! 6 SCALE T=40 ttl NUMBERED LOTS AND TRACT LOTS A,B 0.E THROUGH O,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S T UC Y 7-AA AND BB. STATE OF CALIFORNIA I GROSS AREA 44.988 ACRES un (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC TRACT NO 15377) PAUL R.HUDDLESTON,JR, La 7083 DATE OF SURVEY MAY 1997 AND JUNE,2013 KENILWORTH DRIVE Nw353^ 2ta2a4 — ——— LOT O 177]ACRES ———LOT—Nag 3vsrN LOT O I '^ (PASEU PARK) t - 4 .V RM �� T 8 1772 ACRES 2 I�� b a -_---N®'Sr3TW i1- -�-_-- d_2t M N ' �C P n b n g'hR (PASED PARK) RIVERGATE ^ DRIVE s �'°°° e Na9 asYTW tve75Y � A7r � �t��tyl � ' w� ^ -s m _ 2raBaP-A� t e.y sr?�zzbr ar Ness i +e'-._tro3'_[Y5D€3rw wu� - L0 A ata nAo y m = HE B3rW 2477s o-n,za wz aza•,y. R ti A ��zsoW� i�r m pas D53)w I tzi oiasr —tER NBa75J-t7 NW353]"W' .s 1O7 Ipp7 ry 6 6 �'61 ;, 1s•pp��az3a'L-U 4z aw �mloe 111 A Nts I,NPY -0a l.)a a pa9 3YSrw / { b� '�^ t mad X21 msrw r ski �� pAo 1 I Q I; Ln A,SW -- Nm�s3rW 2assy -- b - a, Ae-?_t 1 s I 'Q p. No- sus, `_ xaszrs7w tro ss -- t51 ,o � z -1 v ., \r Ns,tr:Wt zr s e, W 11� Rb'a�� dUorN �8 a p m'W 2 r /f Ig NW.3rN I f- _ VANES O18 V �"A C/l9 St f R6") i 6 R.�E A �0 O�t lea 7 y"e / / P -OFi'YT fA6LE UN, �ANNC lFNC1N PI a SEE SHEET 2 FOR SIGNATURE OMISSIONS EASEMENT PS ry9 s. NOTES NOTES AND LINE AND CURVE TABLES Pr P n SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM 5 -a Its STATEMENT,MONUMENT NOTES,RECORD DATA NOTES P7 s,s•zNsa W -6i tP AND BOUNDARY AND SHEET INDEX MAP Pa N5, P5 N Pta pr t V W 6 N Pi Item 3. - 144 HB -202- SHEET 50F9SHFETS TRACT �/'�■ ��^�� SCALE T=,o H�yyj _`�/( 'M NUMBERED LOTS AND LOTS A B.Q E THROUGH O,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,T.X.Y,Z AA ANO Ba STATE OF CALIFORNIA GROSS AREA.44.988 ACRES (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE"INC TRACT NO.15377) PAUL R HUDDLESTON,JR, L.S.7083 DATE OF SURVEY MAY,1997 AND DUNE,2013 SEE SHEET 2 FOR SIGNATURE OMISSIONS EASEMENT NOTES,NOTES P -oEvar 1.91E ANO LINE AND CURVE TABLEa lK euAuw tncm P2 526Y9 625 SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT ]t E NOTES RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP 4 11R2`15])W 21R2N 1 14]2 A —n--_—_—_7 — LOT 01772—Es _— —__—T_- --_ n —__ ( I ------- ----- — PAW II n n RI VERGATE DRIVE a � 102— /2Ao -�—4aw- ' - - - - -- 8 b S " ' zs] g " r 1 wzn r. 1".m' um N6Y]6PR 242)9' 1 f24 W Rwm-3Tw imod OV =.2A7 LOT K Bs -R9r]51Yw im A m w g CA18 ADDS r l' e 92 a� A 2 g Ir I Ig 93I �n a m " s s w g NEr]63YW ,wWo � 13,I2 104 �, 105 a 106 a wr]ssrw twm _ '�_ ' I g 8 SI Jo R-s2,a7 9 I 24 24 R S 'R.. .'l x 4 B �sL_es2 4 a 91 4,, 94 24 24 RQ YA-1'SYOT b15YUY ( 5497 R¢0.V mm 60.9p' 5 K L=2tas L=az4 �ms9`w Y. Y �I r`=zo2 ton+ "&' I\-�- wm'Y,SYM- 2199T --' I _R9rv'mT RA9(R-n61 tw>t e' ,m9 22 zix M1m Wv 2 A y?'; I� _M. D I R 4f.M, q 0 B l i 103�•- II eqPY' �Io_R2 Ra]s-qP--N 95 24 24 1 yI�11S=fi^)rm I q� 4NI1"i•If:t_ 1ta]v6mcRw 141-5 - 90i l D P1R i 6.]3..E RCmOW Miv - R , _ $ RAO ✓ _ 102 s1v_E_ J I I IRPas q 96 IP �� Z ;; uli 039"E R/9 A6Z Ilo 89 �'+c: �6.41rm"E ew'moo `Y.m 8S1 s $ —O �_- 108 1 Z 1 Nlr0Y4R1•_RW(R 514i u x 97 `,_ v-•y + 1,pd1 88 Rls' 'i �4\b-Tn ~\. 9. (AA�iS +`M1�1° 100 E,66 �t 1 Z "a p "••\ y4 \" & �.�k+`y.o� c'+ ./s i ,' KRW IR' 140{E.i s 9V \ 4�b•b \'�+u4 O..tyi �g,E+16 / \ 87 \ y 99 LOT F— ;P,� •�t ` ��;�s 1'I E� t+\SG-S C019 ACRE ,✓ 86 of 10 _m ROp W 12Lo $ �� O „' t 13 s� 14 dI ? 15 -£ 16 HB -203- Item 3. - 145 SHEET 8 SHEETS SCALP T=4Cr TRACT RA T NO. 15377 111 NUMBERED LOTS AND LOTS A B,C,E THROUGH D,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE LOTS S,T,X Y 7-AA AND S& STATE OF CALIFORNIA '- GROSS AREA 44988 ACRESL`- (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC. TRACT NO 163M n PAUL FL HUD ILESTON,JR, LS 7063 DATE OF SURVEY MAY 1997 AND JUNE.2013 Vw.W — I �J 14N m — — ——— LOT O 1 nz"ORES .9 —- A-9 mac (PASTO PARR() yA=I-I --- 1 -- N69]67T'W 91)W -� /8 A - ! A RIVERGATE "Wmu3rw Iaufiz DRIVE - / - - read - -tzao - izm- N - -8 zt n 7g " zmm bna Pi -- " - N�153/'W 15)m m"---1- • "'� ------ MW wuW66 S71W 164AD "--- - bam' NWT7537 W 16a.a0' 69J63 W ;,saga LOT M �s a 8 — W 55 8 aNb ACRES I' I "m a� s b 77 of I tl'twAR1Es i a 56 �I I' 76 �I - N6g.rnrW alaat 'I I' I r ��? I � Ln 1 f d ,maa 1m I, r "l- wm3rw zao mlawa 'F+ ar I lmm , m IW 8 Y I� g v I 54 $ 0 57 �I Is 75 g 78 �I 24 t :' W I x �,I' I^ ~I I RI 0J g I_ 9re9�s�w zoam --I 24 t18'24$I 9�YJ5aTW t zmm -I ' •• loaoa tm oa I wawa 's<1 lmaa tlg I a r4u 'YI 44 �. 53 +$ `• 58 t i K 74 79 - I .A=aaYs r� I-- I A wre°s1 WE RAo!tlm 1m's =>� NeB.y 1s'E RAa,aoDa R lam m L RAo(R.9M),m m iR Nes»RAa ld\aa $ I W 2 ,-/,1 NfiYMbD4.�' A 2' I_J:l M6TQYS,v-� I"q0 1'� I 1 Ll RiD I ll RAo r S Y yI 1 r4 ( 52 g 59 U�liq eII4P 73 gs a gp �s1S z, 2A 1 d P v ?qT Ia �I 1 4�8 1 �I K lm'z _ - W l m i w69 631T RAD IR-11)61 1a1 M W lmm C ` I .1'S,s,-E WAD lRsa>El ,mm I 1 I ,�ESJa'[_� o N6s16siE NarwsSlf— �1 I iuo r q r VIZT 1 RAo r 4 g r WI � 1 j c II r 51 i5- a 60 -rs NI l$ 72 0 81 1 In 1'R N "I '� r I NBt'M R'C RAD IR.n +m .. TXI3at RID 1maU 1 C 11 Ld Nb1 p 31 E RAa 1R•5/51 ltb �gy 55T.Nla � I m 11 .e c Ll) aAo z RA rg' rglm lla V) 50 82 hS: ,L n l o m z1 1 to lam m \1 I la '01fi�lasN P$ Wm W I ll wb,p54,E RID lR'11 ��J 4 N79,L07 E 0.W loam l y1 A g ( W7T4316 E PAD 'q H E W Z TA ll 49 m 62 wll y ng i g 70 ti 83 \ A \ ( 14l0..vv aso7,s'E glrs 48 aY 63 �W\ lr� 69 Q 84 \ A 111 �11�5 R,,,i6110`� p&. aK l A� \\ A 0�L�M4�a6 1 1 �si6,6'cApl NRw�saE'q Yti',, N��-f,WwjpO Q\ \ Nam, 1 ll l �Wa G� \r4 68 q 85 `�$ l re 47 ISY 4 S �yaglb L 'rq'� A l\ Y'EE�IR,,,t `SSE,q s 9� \\ \ \ NTf a `L 5 Mb115' y u y 1A q -E. r i 67 .'. 46 65 jp xY ,ate F•n �b`F 9^n;G.�, \ Ao '� \ l\ ;F•9"L� 'FtH 1�� 1j�\ i —$'� a .+ GL V, Ld Ld '0. N� 17 s d 9� a 18 W 4= \ LO ROO ��� 19 ate cn aA �� GOy s ad R ' > c 11 20 a SEE SHEET r �1 SEE SHEET 2 FOR SIGNATURE OMISSIONS EASEMENT NOTES NOTES 3� L^r✓ �c AND LINE AND CURVE TABLE& SEE SHEET 3 FOR BASS OF BEARINGS.DATUM STATEMENT MONUMENT NOTES RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP Item 3. - 146 HB -204- SHEET 7 OF 9 SHEETS SCALE T-4O' TRACT NO. 15377 TII NUMBERED LOTS AND LOTS A R.C E THROUGH O,INCLUSIVE, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,T X Y Z AA AND BB. STATE OF CALIFORNIA. SEE SHEET 6 GROSS AREA 4088 ACRES (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE,INC '.. TRACT NO.15= PAUL R.HUDDLESTON,JR, L.S.7083 DATE OF SURVEY MAY,1997 AND JUNE,2013 I T 1, SEE SHEET 2 FOR SIGNATURE OMISSIONS,EASEMENT NOTES,NOTES I I AND LINE AND CURVE TABLES I IS 21 $ SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,MONUMENT I IS NOTES,RECDRD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP SEE SHEET 6 N2D•laA'M 1«Da I 24 24 l0 22 8 I 8 I I N16-1931Y 1➢{AD I 23 -' I Nzn931 w IW.Da EUCgLYPTUS — '-- ----- ---- �� kl0 24 LANE s I" ` R­l-200 A.1«'311 A V w l PAD r�`_��TJiJN_-1�160.>g— — W"724➢D' w NAD PfS� , I w§ N19'il{DE� m LOT N F �r45 i�se,w— —ia:r �`� Y 14 aoDs,waEs W LOT T W Z 9 I 5 i1w-sssro nu__j_a-4s� assa AarEs A z 5_ g () `nM�OD 4O E AwD ID. �e 8 m I 24 24 Io 25 N4T,929'w 9� 19� 41 ,0 4243 LLJ a I •e I� e 4R o!F g i CC-) N3f461YW RM36) - I Ig 26 H,r41 w W.�o(x-3o') N3nevtw ron(Wno'1__ W9 Jaw w Iczz,s w soD_,-ti t V IS _ N39'{i 41Y RM(N=3T1) �� D4➢7 525, ~ - NPCC s� 4s N31'Ia75'IY RM(R'1D] N36'19T M 6{9� c' I M ,«aO N3T747 M D )) -W PAC g 40 el O I S 11 4 �g� 'I _ 1 I� 27 n I— r4 w I R W �Ll 8�N 1 NZNtiD311v Ins, I � I xaslam^D+«aD '�C� I I N24n6J9 w � N,rz.sxw zn7 w� g 39 gl Cs 28 s C,ti N,MA 19'W RM iw-i0l Sb I I8 I- I I N9nn"r 15547 9 N9N'1aJ,'W ,oeoD' ' yy I `=' mftT➢f RM(R:7N)� fh. 29 ffFR 7E RM P�4� J$ 38 NDY3D K1,_�� f I I •t RAU PIIC *+ NMID JI'w IDlOa Nza!rev M310 I 3 I LOT AA N{N'u 11-W RM -4 P CCAD P •.�:$� I - .. rX'ZYW'4 PAD(x¢u--- q 5.N24 ACRES :�Vi4 (� 30 ` - r� fl W 37 NN9409 W R�A_17j ---� NDN 4a5 N NM N97',93,w t«Aa V x7J-M43'V N2619'31•w law AND PCC IINT{6'49'Ei IGD PP4 I I rn tf Nt,-N Nt_� qAp PT RAD PRC �.NYTN{Yw I I'8 31 +J �-•�,•iuu EAc 1 2C 21 14 N7442DaE WM_ Y�� u 8 -' N®'n]aE PAD(R�,SJ $ 36 u( {B I x'.•. I I Wvly W ,woo' > , m 8^ g s' 3 n75,aa n tmw In .- I ig 32 LOT Z ba- :,.« 2 I S.M ACRES ,� g 35 I; " N9N,D" ,war W M x3,ror9rw �I I '_16ss- � Is 33 $ N3TwPC N9B'J)11BE ➢TW ..- , I P n — RAD m RM Fk N24-I631 w'o" 8}p LOT T I ) 0.650 ACI E5 1 2iDa RAD �'/ A 4ZyY_NLS,9JfIY iYSr 34 • � J➢- RADPACov x2sw31'r w1iRa RM SEE SHEET _ 9 HB -205- Item 3. - 147 SHEET S 8 SHEETS TRACT ��!®e 15377 SCALE T=4O' ttl �1 NUMBERED ED LOTS AND � LOTS A B,C,E THROUGH o INCLUSIVE IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, GROSS AREA.44988 ACRES LOTS S,T, Y Z AA AND B@ STATE OF CALIFORNIA � (FINAL UNIT OF TENTATIVE Q W HUNSAlCER AND ASSOCIAT�11RIVINE��19-97 TRACT N0.t53Tq r� PAUL R HUDDLESTON,JR, LS 7 N DATE Of ND JUNE,20t3��AIL F t„$�o � SEE SHEET NOw'2423T I— ^' EUCALYPTUS LANE �,� 4*— I41 N.2{'23T R IC __ ____ A,2EOw37 __ -- — 4D N=21B-0 By, 4454 , b1PDff54 tr21aa9 `\;cp , �� bt3 39 ss z eP wrt,l u O 31 1 1=,9 49 P,D LOT AA �I I §��'� rr a sbz4 ACRES LOT A r 1 000 ACRES d i t (ACIM PARK) N194536'w RAO N—) �� NN WQ E R4p(R�36) W34 0,333 W RA0 =38' ti I d x34 SWE RI0 jF-4a) N4Tta 36T RA9(Rw 2 166) C3 L NN'1615TT R30(R 231)�� tS nTlI9'11Y11�1 `&2 M 14 E G5 '�MTi5T6'E RAD PRC D�9 FRC �E_� c• �'' C31 !d9 _ 4• ( MOT3I'12 W Mp Qi_IY) or'S" - i NOR'1913V/tiNO�R=]9) R60 NOD. ME IVE � N393R 4rE -` ' RI➢PXL pCC �h `¢B Ns0'W}0,.RA9(11=�) e'il�� I1515T RAO jR=Ja) I LOTS d {2^53 E RA)1A=1]f) N6/0B 14 E'R A(R.11 D3i22 ACRES LN4631N w RID(R_II'j ~o (PAS5W PARK) /N,9 s3T9T RAD tR=231) e �t Cq N64 I,25 W RID(R.39) �X21'1309T WD(R-201 Q�4 1 ") 2>4 p -_N,7'g904T icy RUM 2Z N25-5511'E 40 PRC 4 O} R.16200 i n �2' 2`t6p� 2 n H0012WE RAD(R-E13) �'+� . 'q 4)Or. vFi �j6 Rtl by LOT Z N 5,656 ACRES , � �b �xh m'r'w Roo tR-,asZ I I'73$r-1 A Nf0'16'262 tilD ta web Y uoln^ `uR195a'w TIE D 15 `t Ili-- CF gg, 4 M8W.4 E RID jR.M _,-ua I g 4 NM34Yw Rio(R-16) 1 ` LOT A LOT AA `�`' "° LOT O S.624 ACES 4y s Ot _k s 4 DETAIL N 7S Lv 4j_ uR a. o 1.39" '-xrhrl2 RAO me � wlb•lr62 LOT bz.BB "6z 4E_ NES N6423{5Tr_ r'4(O2' Z —PAD_ Re,p"�'p>• 7r 'OTw f 1.1M(k RID PRC SEE SHEET 2 FOR SIGNATURE OMISSION$EASEMENT NOTES,NOTES AND LINE AND CURVE TABLES SEE SHEET S FOR BASIS OF BEAR(NG%DATUM STATEMENT MONUMENT NOTES,RECORD DATA NOTES AND BOUNDARY AND SHEET INDEX MAP P -OfE5E3l uE - Itncna 1jil fl2 - W e3OA4 N00',P2AT Item 3. - 148 HB -206- SHEET' =40'SHEETS -TRACT NO. 1537 SCALE.r 40' v v TII NUMBERED LOTS AND LOTS A,B,G E THROUGH O INCLUM IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, LOTS S,T,K Y.Z AA AND BB. STATE OF CAUFORNIA GROSS AREA".988 ACRES (FINAL UNIT OF TENTATIVE HUNSAKER AND ASSOCIATES IRVINE.INC TRACT NO 16377) PAUL R.HUDDLESTON,Ji; LS 7083 DATE OF SURVEY MAY,1997 AND JUNE,2013 SEE SHEET 2 FOR SIGNATURE OMISSIONS EASEMENT NOTES,NOTES AND LINE AND CURVE TABLES SEE SHEET 3 FOR BASIS OF BEARINGS DATUM STATEMENT,MONUMENT SEE SHEET S NOTES RECORD OATA NOTES AND BOUNDARY AND SHEET INDEX MAP T:A N'�°`°' SEE SHEET 7 HADM O PIC 'Pno PPC o PPc wo vo $� DETAIL _ a= mks Wig= Kra \ 1 ,.E,�E_P�(R m b w b .4+ 2 NEd a1 ".1 P.1D;-20'* -NBTIB'a9 E HAD PRC LOT BB [ m„zaPE HAo ssol NRSSa DD'x PA9�RmBW)) Ne,'1152'x HAD AD Jq-90o,_ \\ NJfi DDDD'W R/m -;13,N HAD(P=1fifi6� 'NEPto'S5'x R.AD(R-,D-Ej >.+ HRSH,swIN LOT Y HAD PRCs. m LOT AA �a F- H6 5624ACEES ';$.. LOT Z *�� Al R R a SAW ACRE �s$ —1 3.�� gyp" ,� N:s u,TW O! 'ibHAD IP LOT AA Nn�am x xAo P-teNsl i,fisi3idii nrO fH- T 'n' mlY" R_, &Q4 AUD•S w•�NYe NT DTW M M1M1'8 �yydi -HAD qtC `W311.7 D HA _ HAD�H�R PRC g v ,'x8 xxfN�rt� < �v l2]2 ETiy1(H-n7 sd'> � „m W J 5 �� Vl It ,.` mId Jc LOT T e� A wADati� I N — 0b59 ACM q ^fn sS YDp 1, oK p� .. �6c8 1a692, '-�1POZ D' _NOTNb-- 0 AIL _J g _N27]T1fi E_ \ HEREON n Pg R PAa M� roo / A / ��O\C•lV3p , f 1m?44Lill 1x r/ �WLJ �^ LOT AA N� `ti$s�t,A Y r Lo 5024 ACRE to 09 Y Is LOT X 4t a dp' Huron IAM ACAS HAD �t a 1 r LOT Yee 1 4"ACRE Ilk N� Nb far ZL� r HB -207- Item 3. - 149 SHEET 1 OF 2 SHIMLm ® ACCEPTED AND FRFD AT THE 1 LETTERED LOT TRACT ACT NO. 1 541 REQUEST OF GROSS 8 NET AREA 4852 ACRES � 9 CALL OF TENTATNE IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, FlR T AMEED F coMPANY TRACT NOL S419) STATE OF CAUFORNIA, DATE. BEING A SUBDIVISION OF A PORTION OF PARCEL A AND ALL OF LOTS B AND C OF THE TIME IFEE t DEED RECORDED SEPTEMBER 19,1996 AS INSTRUMENT NO 19960479182 OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE INSTRUMENT NO HUNSAKER AND ASSOCIATES IRVINE,INC BOOK PAGE PAUL R HUDDLESTON,JR, LS,7083 DATE OF SURVEY MAY,1997 AND JUNE,2013 HUGH NGUYE]N COUNTY CLERK-RECORDER FOR ENVIRONMENTAL SUBDIVISION PURPOSES BY DEPUTY SURVEYORS STATEMENT OWNERSHIP STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER Mr DIRECTION ANO IS BASED WON A FIELD SURVEY W WE THE UNDERSIGNED BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAID CONFORMANCE NM THE REQUIREMENTS CF THE SUBDIVISION MAP ACT AND LOCAL ORDNANCE AT ME COVERED BY THIS NAP DO HERESY WHSENT TO THE PREPARATION AND RECORDATION OF REDUEST OF SHEA HOMES UNITED PARTNRSHIP A CALIFORNIA LIMITED PARTNERSHIP ON LNE 203.1 SAID MAP AS SHORN MDNN THE DISTINCTIVE BORDER LINE. HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. OR THAT MLY CULL BE SET IN SUCH POSITIONS"MIN NNETY DAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE SUFTICIENT 70 ENABLE THE SURVEY TO BE RETRACED 1 HEREBY STATE THAT THIS FINAL NAP SUBSTANTIALLY CONFORMS TO ME CON TON APPROVED TENTATIVE NAP '^ a SHEA HOMES WDTED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,OWNER N0.7083 BY' iN PAr HUDDLE17ON .R. LS NO 7D63 --� �•��T COUNTY SURVEYORS STATEMENT I HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE BUBO VISION MAP ACT HAVE BEEN COMPLIED NTH AND 1 AM SATISFIED MID MAP IS TECHNICALLY CORRECT DATED THIS DAY DF 2015 KEVIN R HRLS,COUNTY SURVEYOR LS.6617 EXPRATION DATE 12/31/15 ,gyp Ts v NOTARY ACKNOWLEDGEMENT •, Lamm BY CRNG S.WDERNAN CHIEF DERBY SURVEYOR A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY ME fflE Df CNUY� IDENTITY OF THE INDIVIDUAL TURD SIGNED THE DOCUMENT TO WINCH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTIFULNE95 ACCURACY OR VALIDITY OF THAT DOCUMENT COUNTY TREASURER-TAX COLLECTORS CERTIFICATE; STATE OF CA 1,CDC M 9 STATE OF.0RNIA) )y 55 COUNTY OF L�tiVL9e gs �`1 y/ COUNTY OF ORANGE 0H ZaF S BEFORE ME, /T�-'/yr�•nsNOTARY PUBLIC, I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS PERSONALLY APPENES�o�\R V.^ if I iL 011J YI TIC E'S AGNNST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE COUNTY MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. NICE PROVED TO ME ON THE BASS OF SATISFACTORY EVIDENCE TO BE THE S)NROSE NAME(* EXCEPT TAXES DR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE 39(/AIE SUBSCRIBED 70 THE WTHIN INSTRUMENT AND ACKNOVAIDGOD TO NE THAT EY EXECUTED THE SANE IN WI6.�/THETR AUTHORIZED CAPAOTY(IES)AND THAT RYaRS/A(R/WEIR AND 0o CERTIFY TO ME RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF SIGNAIIRE(SJ W TIE NSTRUNEN7 M PERSDN(S)OR ME ENTRY IRON REHAf OF Wiwi THE THE SUBDIVISION NAP ACT HAY,SEEN CDMFUED WITH REGARDING DEPOSITS TO SECURE PERSON(5)ACTED.EXECUTED THE INSTRUMENT PAYMENT OF TAXES DR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON ME LAND COVERED BY THIS MAP I CERTIFY UNDER PENALTY O PERAW UNDER THE LAWS O THE STATE O GUFOMA THAT THE FORECONG PARKAAI H IS TRUE AND CORRECT DATED THIS__DAY OF 21315 NRESS MY nHAND . SHARI L FREDENNCH BY• SIGNATU NY P�5t OF BUSINESS 6 COUNTY INEASO7ER-TAX COLLECTOR DEPUTY IREASIRFER-AX COLLECTOR NOTARY PUBLICIN AND FOR SAID STATE IN F/(9n C- CDUNTY l 4 04 MY COu"MoN (NAME PRINTED) MY COMMON Nt>�0 6��Sy CITY ENGINEERS STATEMENT ARY ACKNOWLEDGEMENT I HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY N CONFORMANCE 01H DIE TENTATIVE MAP AS FILED NTH AMENDED AND T APPROVED BY M CITY PLANNING COMMISSION THAT ALL PROVISIONS OF THE SUBDIVISION A N RY PUBLIC OR OTHDt OFFICER COMPLETNG THIS CERTIFICATE VERIFIES ONLY THE MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED NTH IDFNTI THE INDIVIDUAL ND SIGNED THE DOCUMENT 10 NRICH THIS CERTIFCATE ATTACHED NO NOT TIE TRUSTFULNESS,AOMMACY DR VAUDITY OF THAT DOW THIS STATEMENT VALE TAKE EFFECT UPON ME DATE UPON WHICH THE COUNTY OF ORANGE APPROVES THE NAP AS TECHNICALLY CORRECT STATE OF DATED THIS J�_DAY OF AA&VO,"64R 2015. COUNTY OF , ON Bff NE A NOTARY PUBLIC TON H EEL PERSONALLY APPEARED CRY ENGINEER WMD PROVED 7D ME ON M BASIS OF S ACTDRY VICE 7D BE ME PERSONS)1W10".i NAME(S) CITY OF NLNTN('TON BEACH vQRO �/✓,�. M/ARE SUBSCRIBED 10 T E CUMIN NSTR NT AND NOMJDGD TO ME THAT HE/SHE/TH[Y RCP.53300 EXPIRATION DATE D6/3D/2017 {` EXECUTED ME SAME IN HIS/FEH/MOR AU CAPACITY(IES)ND THAT BY H6/HER/T1E1R SIGNAIURE(S)ON THE INSTRUMENT ME PERS OR THE ENTFY UPON BEHALF OF MICR THE PERS9N(5)ACTED,EXECUTED ME INSIRI 1 GERRY UNDER PENALTY O PERJURY THE UK O STATE O CWFONIA THAT RE FORECONG 'k TXh PARAGRUN IS THE AND CORRECT CITY CLERKS CERTIFICATE f� Nh NMESS MY HAND STATE O CAUFTIWA l OF GA1.f� COUNTY OF CHANGE }SS CRY DF HUNTINGTON BEACH J SIGNATURE NY PRINCIPAL PLACE BUSINESS 5 NOTARY P IN AND FOR SAID STATE N COUNTY 1 HEREBY CERTIFY THAT MIS NAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF fWNTNGTOM BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY O 2015 MY CDMMIS%M EXPIRES ANO THAT 1HETEUPON SAID COUNCIL OD BY AN ORDER DULY PASSED AND ENTERED APPROVE SAD MAP (NAME PRNIED) NY WMNISSOU NO SIONXTURE OMISSIONS. OF THE 9WNMSIOAMAPu FACT SAID APPROVAL TO TAKEAP R� EECCTTUPONTHE APPRWAL OWZ OF F THE ON AP By THE PURSUANT RAM PROVISIONS Or SECTION 66436(,)(3)(A)D(C)Or THE SUBDIVISION NAP ACT RE COUNTY OF ORANGE FDLUDMAG SIGNATURES HAVE BEEN OMMER THIS STATEMENT WILL TAKE EFFECT UPON THE DAIS UPON WFICH M COUNTY CE ORANGE APPROVES M THE USE AND CONTROL OF CENEGAS AND NATURAL STREAMS O WATCH AND THE RIGHT OF WAY FOR AND No AS TECHNICALLY CORRECT TO CONSTRUCT MIGAMON OR DRAINAGE OTMES AS RESEAVEO BY STEARNS RAINCDS COMPANY IN OEEDS RECORDED IN BOOK J4 PAGE 163.DOW 30 PAGE 2D AND N BODK MIS PAGE 97 OF DEEDS(OUT DATED INS DAY OF 2DI 5. JOAN L FLYNN PIDTTAB�E) OTY CLERK OF TIE CITY OF HUNTINGTO!BEACH A OIL AND GAS LEAST:EXECUTED BY BOLSA LAND COMPANY AS UfSSDR AND SIGNAL OR AND GAS COMPANY AS LSSEE,RECORDED DECEMBER 12.1941 N BOO(VIM PAGE 435 OF OFROAL RECORDS BY, (DEPUTY) UNRECORDED CtMIENTS GRANIED 10 ME CTY OF LONG BEACH AND uG1AL OIL AND GAS OOVPANY BY CONVEYANCES DATED JANIUARY 2.RS7 AS DISCLOSED BY RECITALS IN THE DEED TO SECIAM MST NATIONAL BAND RECORDED AUGUST 25,1%O W BOOK 5390 PAGE 349 OFFICAL RECORDS(NOT PLOTTAIDUE) CITY PLANNING COMMISSION CERTIFICATE RIGHTS AND INTEREST RESERVED IN VARIOUS DEEDS ID BWA-MESA CORPDRATKN BOLSA-LDS PATES CORPORATION SOLSA-LACUNA CORPORATION SOLSA-CRAINIE CORPORATION AND BD LSA-PAGRG 1 SCO1T HE55 SECRETARY OF TIE PLANNING COMMISSION OF THE CITY OF HUNTNGTGN CCRPOMTOI ONE OF WICH RECORDED LINE 25 1964 INBOO(YIDS.PACE 115 OFOFFICIAL RECORDS BEACH,CALFDRNIA 00 HEREBY CERTIFY THAT H HAVE EXAMINED THIS MAP AND HAVE FOUND TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT DMI=BOLSA-SIGNAL CONVEYANCE RECORDED R TO BE SUBSTANTIALLY THE SAME AS M TENTATIVE NAP AS FILED WIN,AMENDED AND JANUARY M 1970 AS BOOK 9204 PACE 1 O'OFFICIAL RECORDS APPROVED BY T/H�EHHUANTINCTON BEACN CITY PLANNING COMMISSION A COMMUNITY DIL AND GAS LEASE EXECUTED BY THE STAR / OF CAUFORMA AS U35DR AND SIGNAL OIL DATED THIS �—DAY OF 2DI5 AND CAS COMPANY AS UESSFE,RECORDED AUGUST 17 1973,N BOOK 101155.PAGE 432 OF OFFICIAL RECORDS A LICENSE AGREEMENT FOR ACCESS PURPOSES EXECUTED BY ANG BETVM SIGNAL BOLSA CORPORATION AMC SEA HOLIES LISTED PARTWER91P RECORDED SEPTEMBER 114 1996 AS INSTRUMENT NO 96-479183 AND THAT'E7DEHMN OF LICENSE AGREEMENT'RECORDED MARCH 02 20DO AS NSTAUNENT NO S'COTT MESS, RECTOR 20ODO17092.BOTH OF DFTICIA REC ORDS JUNKET INNAIUREE). CITY OF FUNTNGTON BEACH CITY PLANNING COMMISSION A LICENSE AGREEMENT FOR ACCESS PURPOSES EXEWU BY AND BETWEEN THE METRUPORAN WATER DISTRICT AND SHEA HOMES LIMITED PARTNERSHIP RECORDED SEPTEMBER 19 ISMS AS INSTRUMENT NO. .,-4T9184 AND THAT'EXTENSION OF LICENSE AG EEMNY RECORDED MARCH D2,2000 AS INSMUENT NO. Item 3. - 15 0 Do113092 BEM O "K RECIRDS(B AN CET IN NATURE) HB -208- SHEET 2 OF 2 SHEETS TRACT ®. 15419 SCALE r=ear 1 LETTERED LOT GROSS a NET AREA 4882 ACRES IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, (ALL OF TENTATTVE STATE OF CALIFORNIA TRACT NO.15419) HUNSAKER AND ASSOCIATES IRVINE,INC. PAUL R HUDDLESTOK J& LS 7083 DATE OF SURVEY'MAY,1997 AND.TUNE;2013 FOR ENVIRONMENTAL SUBDIVISION PURPOSES BOUNDARY ESTABLISHMENT MAP MONUMENT NOTES MONUMENT NOTES(CONTY Y LP TAGGED RC.E 23M OR LEAD TACK k TAG R C.E 2395E OR NAIL k TAG R C.E.23956 FUJND CONCRETE NAL AT CORNER,NO TAG NO REFERENCE, OR 8 S&W STAMPED R C.E.23956 TO BE SET AT ALL TRACT BOUNDARY CORNERS YATHIN 90 O ESTABLISHED CORNER ON THE CENTERUNE OF GRAHAM STREET AT RECORD DISTANCE PER IT DAYS AFTER ACCEPTANCE OF IMPROVEMENTS UNLESS OTHER'MSc'NOTED, 92/19-28 FROM THE C071MIE INTERSECTION OF SEATER AWN E MD GRAHAM STREET O INDICATES FOUND MONUMENT AS NOTED OR LOCATION OF MONUMENT TO BE SET AS NOTE ©FOUND RAILROAD SSE(WO PLN01 MARK)AND WASHER(NO STARMA NO IEFE7dAM(S31"5935 L 019.) A NOCATES FOUND CRAMS COUNTY S1RVEYa7 CAPS CONTROL STATON MTUMUNT PER RE)OD ON ESTARISEO BY INTERSECTION. FEE N THE OFFICE OF THE ORANGE COUNTY S RME1LIR OFOUND 2'TRW PPE NRIH B1RAS5 CAP(1 3/B)STAMPED Offal-+t/NC AT B.G PER RSfl 1 FaED PLNCEIED RAILROAD SPIKE AT THE SDTEET CENTERUNE INTEFSECRION PER TRACT Nm 579Z 92/59-28, M.M.22D/8-11 RUSH OCS CPS STA N.5095 N Z204111 107 t 6,019,589027 FORD NIL Mal WTH 2 1/Y BRASS CAP SWAYED HA OTY PER RECORD SCRV£Y 104/16,k I1 FaED HELL MaUAENT WTH 2 1/2'ALI9INNM DISC(NE �aB DI 1 5'AT TIE STREET lE CB4TU ©TRACT Na 1O=M.M.M3A4-15.ACCEPTED AS NW GORIER OF S.1/2 OF W1/4 OF SECTION 28. J I.T.D CK ACCEPTS AS THE MOMEACEIT PER TRACT NO 863M MM 382/7-10 OCAS GAS STA T-%,IT l W %.SON N Z205,926.897 E 4aB,5B214] �1 �FORD SPINE AID W0.4ER STAMPED RCE 18752 PER TRACT Nu 10853,M.M.513/14-1i IJ MM.22D/B-IS RAY.RORD SPIKE AT THE SEREST @7IERINE INEEASECIIaR PER TRACT Na STIR, 1 O FOUND VELL MONUMENT VATH 2 1/27 BRASS CAP STAMPED'FUR OILY PER RSB.104/I6.PARCEL MAP N.T69/3&-10 Am TUCT Na ioB5A MM 513/14-1i AcaP7ED AS N W Cow"SECTION 21L Fa*O Y IRON PFE,WTi MAIL.MT TAG NO REFERENCE(S3C 40'M G16) T55,R11 W ® ESTABLISHED CORER BY CITY TIES(BDDK NUMBER OU7162 9EET 4-15)PER TRACT Nu S792 M M FOEO RAILROAD SPIKE(NO PUNCH MARK)FTIS Ott TES(BOOK NUMBER=64 BEET 10-13 AND 227/8-11 11 BOOK W7169.SHEET 11-13)PER TRACT NO 579'1.M.M.22D/8-11 10 12 SEAR0*D FOUND NDTHNG PENDLETON DRTVE�' 1 -'K:Z t WARNER AVDAIE >7 ADDITIONAL NOTES / 1 , o R n AN IRREVOCABLE OFFER 10 DEDICATE AN EASFNFNT OVF3R LOT A TO A PUBLIC ly AGENCY"OR NON-PRORT ENTITY(P)ACCEPTABLE W THE EIECLTIVE OtRECNR OF THE D PF,FI n g CNJFORNU CDASAL COMMISSION FOR CONSERVATON PURPOSES WAS RECORDED ON JLLY N r 23 2015 AS INSTRUMENT NO 20150D03113661 OF CFTICIAL RECORDS. n M, m v� m Dumm DRIVE / —no S'G:��9 u� 11 � GLENROY DPo4E s245 W wb m � r �- 1T Tn j s e GREEN"LANE n/ W 8 A KE LLWORTH DRIVE-, -R.C" NC 1'BE5 -t1 5.5/14-15 c�� 12 N�35�9 M1•f 2FSSO4 (T�l RI 40J R2 u555F RS) _ T06TT ' (1003.24'R4 10W.T RI) ___ _� nB�S / 76pp 9Y(15IIA7 R2) ' ni ?.�v! , 4 7 U B 1 12 E_J1N rM NOtTREIIY PRDLONGATOI aF TE EASTERLY LNE NGD/57 OR H1G Or � Nh III CITY HUNTINGTON 5 12 k , 12 Imo/ ri N6B•SB'297]3RT <+ Kq R (unD 1IT[�aoo R6j j t1'ST N0 998000479182. OF' i 6 �FRCEL A s ap m � C n I-2S / TC9V 16 C a GRAPAIC SCALE Q (43G09 I47�^,_I�12 ,P'T`e5 IN®•sNNTE mm ;o - 4D �,4y9�8� 't` P, 12 ^tip sRy� \�n�w w N AS,p Gg lmon-zoGn /i OWEACH BOUNDARY" e''e4`, 3•yi / 1� >�� 8D� ti J f/ (�V5"E-__.CDa s Ya "W2D DIET 1Ntm (T) - 15) o"r �T c. \82� ey1� \ 2 ^A n 4 SLATER AVENUE =o o°o ti 2 R'T99 pENGA 12 /SC NOTE S 4 �G 9S��t>t�"-•D�t /' �A LOT A 15 FOR WETLANDS AND HABITAT CREATION. BUILDING AND �m' PRESETS VATON PURPOSES AND IS NOT A SEPARATE FTIEONG SITE Al H 12 e RECORD DATA NOTES* / ()INDICATES RECORD DATA AS NOTE / BASIS OF BEARINGS I I INDCATES RECORD AMD MEASURE AS NOTE THE BEARINGS 910YM HEREON ARE BASED ON THE FEARING BETWEEN D.CS HOR12ONTAL R1 INDICATES R&D 92/19-28 CONTROL STATON CPS No 5095 AND STATON CPS N.5079 BUNG NDO1ID50 E PER RETARDS ON FIEF IN THE OF10E O THE ORANGE COUNTY SURVEYOR R2 INDICATES TRACT NO 5792 N.0 220/8-11 DATUM STATEMENT R3 INDICATES RS 97-ROOD R S 8 162/25-36 COORDINATES SHOWN ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM(CLSP3)ZONE M R4 INDICATES TRACT NO TOM M M 513/14-15 1083 NAD.(1991 35 EPOCH DOS G°5 ADJUSTMENT) RS INDICATE5 NST NO 19960479182 OR ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED TO OBTAIN GIRO DISTANCES MULTPLY GROUND DISTANCE BY 0OBOS8169 (SCALE FACTOR IS PROJECT SPECIFIC) R6 INDICATES BOON 4960 PACE 87 0 HB -209- Item 3. - 151 ATTACHMENT # 10 IL- Item 3. - 152 xo -210- BOND NO 0195156 PREMIUM$10,453 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Sewer and Water, 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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of One Million Seven Hundred Forty Two Thousand Two Hundred Forty Seven and no/100---dollars ($1,742,247 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 12528180 FAITIIFULL PERFORMANCE BOND FM doc HB _211- Item 3. - 153 The surety hereby stipulates and agrees that no charge,extension f time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company as Surety By OC T Edward C Spector,Attomey-In-Fact By APPROVED AS YO FORM n � By. —CMMlchael Gates, ty Attomey iFULL PERFORMANCE BOND FM doc Item 3. - 154 HB -212- CALIFORNIA ALL-PURPOSE 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 1' " `' /01 K, before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s)is/sr€subscribed to the within instrument and acknowledged to me that he/---h@/th@y executed the same in his/hff/4ww authorized capacity(ios),andlthat by his/hGF/4mqf 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 20161 Signature i a of Notary Public HB -213- Item 3. - 155 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly T organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Ehnasry, Edward G Spector,Simone Gerhard, Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc, of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons =This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that, with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant = Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein - _ to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such — - attorney-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named, and further - RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its — -"corporate seal hereunto affixed this J3day of 2013 Attest Berkley Insurance Company ..�(Seal) By By Ira S Lederman J CO Hafter Senior Vice President&Secretary mor a President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) — Sworn to before me,a Notary Public in the State of Connecticut,this /3 day of ,2013,by Ira S Lederman and Jeffrey M Hatter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company EILEEN KiLLEEN . . s N01 iR, PUBLIC 57 vc Op COvNECrrcur Notary Public,State of Connecticut i MY COMMISSION EXPIRES JUNE 30,2017 CERTIFICATE > 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of 3 _ (Seal) Andrew M a Item 3. - 156 xB -214- Instructions for Inquiries and Notices Under the Bond Attached to This Pov�er Beddev Suret% Gioup is the affiliated nlanag(t foi the�uret,, liuslne�a A ALAdkA Ills Ur I RCL 0.wpan% Bei-Klm Insurance Conipan ,Beilde4 Regional lasur�',J(e Comp'tio"Caro,1111a C 4suairk I fisara n C�-: Coripim,Union Standard.Insurance Cornpin3 (OiltlnelltAl�A e'4erll MSUT,11)1t C(MIlMlIN illd Union lnsuram,e Copipant Tt,NeiifN the autVivaticitN ol the bond please(.afI(866)7138-3514 fzr email egirl `tna Et ritten nofi(e, niquiries.dAmis of dernan&to th( stiatt,. (,Yi the hand to sih,ch this-Ricle; is Attached ,hmAd be directed to Berkle% SuiAN Group 412 Mount Kemble�L,ensue `snare 31 ON %Jorristovvn NJ 07960 Wentiou Suietr Clainis Dcpartnient Or i,inait berklrNsuret� Com Pka.e in iudt=e nth ail notices the 1�ond nuinhes and the name(«5 thc pf'9110ilAl On the I)CM.) 10!ICIL A Gl41M 1' 'v;wrted.PIC-."( sea fortn peAerAllv ilw h.tSaE of the t I(im in th-case of a pat rotcat e-pii lurinance 1-11J, pic tse kdentits the proj,ct to A hich the bi)nd pee tame HB -215- Item 3. - 157 Bond Number 0195156 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By Name Brooke Doi Tale Authorized ent By Name G�a'6 olas Title Auth razed Agent Item 3. - 158 Hs -216- 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(,)whose name(g) are subscribed to the within instrument and acknowledged to me that 4&94e ee executed the same in heir uthorized capaci4<94 and that by heir ignature(E)on the instrument the persontJs ,or the entity upon behalf of which the person sD acted,executed the instrument i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct i ERIN G ALLEN WITNESS my hand and official seals Commission#2038889 = z Notary Poo,•Caldwma z �t Riverside County Comm Ex ire Au - 2017 Signature: L'J11?ISM (Seal) I �I HB -217- Item 3. - 159 i BOND NO 0195156 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements',which said agreement, dated , 20 and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Sewer and Water, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California i 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, matenalmen i and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Eight Hundred Seventy One Thousand One Hundred Twenty Three and 50/100 dollars($871,123 50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered I It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 1 "' - ^ocuments\1 2528180 Labor word-City Atty revd 01-15-08 doc Item 3. - 160 xB -21 s- i 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 i The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect Its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof, this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 i SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By i Berkley Insurance Company, as Surety Edward C Spector,Attorney-In-Fact By APPROVE®AS TO FORM By: i-I Gates,City homey I II i 2 I C\Users\espector\Documents\I 2528180 Labor Word-City Any revd 01-15-08 doc HB -219- Item 3. - 161 I I CALIFORNIA ALL-PURPOSE 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 Califorma Coun� f Los An el es VUJ 2015 On before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is4Rm subscribed to the within instrument and acknowledged to me that he/sho/tom executed the same in his/hop/dwo authorized capacity(4es),and that by his/4w/tom€ signature(e)on the instrument the person(s),or the entity upon behalf of which the person(a) acted,executed the instrument I 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 ,nta n Signature { i a of Notary Public I - I I I I j I I I I Item 3. - 162 xB -220- No BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY j WILMINGTON,DELAWARE i NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-m-Fact, to sign Its name as surety only as delineated below and to execute, seal, - acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 US Dollars(US$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the prmclples of conflicts of laws thereof This Power of Attorney Is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant - Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-m-fact named therein - to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such = attorney-in-fact and revoke any power of attorney previously granted,and further _= RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further _ RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named,and - further = RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any u power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued iN WiTNESS WHEREOF,the Company has caused these presents to be signed and attested by Its appropriate officers and Its corporate seal hereunto affixed this l Iday of 2013 Attest Berkley Insurance Company `(Seal) By BJSn Ira S Lederman y Hafter Senior Vice President&Secretary t e President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this 1�3 day of ,2013,by Ira S Lederman and Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company EILEEN KILLEEN N07IM PUBLIC s7ATL OP CONNFC 1CUT Notary Public,State of Connecticut z MY COMMISSION EXPIRES JUNE 30 2017 r CERTIFICATE 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a =true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-m-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of (Seal) Andrew M a HB -22 1- Item 3. - 163 I�lstructions tear Inquiries tin d'�otices I)nder the Bind_attached to This f;pi,,ter Rerkier Sttrett Gi oup is the affiliated undervsuttnP,anaitaget fot the sitretti business of % ..tlta Insurance (coup anti,Bet Idin Insurance Ccwpan� Berkl-N taeatetttal In Stir araci Cornp.€nr,C krslsrta C2NOalt, In Urxrcc C otmpaw, t mon Standard Insuranee Cornpan, ,Contintntat NN esrei n incurat,cc C otttpart and C rton Instttataet Compaatti In vertf, the authenttcatt of the bond,pleas, o dl(SW 765-3-414 of t�irtatl BSGIr,quzl,;a berkicrs,arct)/Loire r,1e A r tten notif es tnqutrre,,„-lain.-,or deinand,,to t he qurety nn the bond to vi,hwch IhDo, Rider i,,attached ataould be directed to Rerklec but etN Croup 412 Nfount Kentble%enue Suatc 31ON ',Iorrrstoarn -NJ 0-960 Attention Surety Claints Mpartntcnt Or email BSGClatm�a bcrlsic}sut0d corn fleas-include with 411 no4ccs tht bated nuntirc r and the name of the principal'm the bend Al hct c a clawt rs �ctttf asserted,please 4o forth aetserally the I'a-)' of the Claim In the case fit a pa nrertt €>e 1'ertorrreanee loods please tdentttr the project to rsIue t the bond pertaim, Item 3. - 164 Hs -222- i Bond Number 0195156 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner By Name Brooke Doi Title onzzeed Agent Byj ✓" Name Jame"olas Title Auth6nzed Agent i I HB -223- Item 3. - 165 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 ORANGE i On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(�whose name(5) are subscribed to the within instrument and acknowledged to me that MA94 �ye executed the same in heir uthonzed capacrtyilgj and that by heir ignature(®on the instrument the person D,or the entity upon behalf of which the person so 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 DO ERIN G ALLEN Commission#2038869 WITNESS my hand and official seal LO Notary Pubhc-ca0forma Z Riverside W ty J MI Comm Ex g Aun 26,2017' Signature� �. ��� (Seal) i I Item 3. - 166 HB -224- BOND NO 0195157 PREMIUM $13,144 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Sewer Lit Station and Force Main,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Two Million One Hundred Ninety Thousand Six Hundred Sixty One and no/100---dollars ($2,190,661 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 2 2528180 FAITHFULL PERFORMANCE BOND FM doc HB -225- Item 3. - 167 The surety hereby stipulates and agrees that no charge, extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley surance Company as Surety By Edward C Spector,Attorney-In-Fact By APPROVED AS TO FORM By Michael Gates,aty tomey "HFULL PERFORMANCE BOND FM doc Item 3. - 168 xB -226- CALIFORNIA ALL-PURPOSE 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 S E P 0 3 20 1 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(o) whose name(s)is/aT�e subscnbed to the within instrument and acknowledged to me that he/sh@46pf executed the same in his4wMiew authorized capacity(ws),and that by his/ / 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 ! � s Al , � r —/ WITNESS my hand and official seal a u�w ,� �7t? V� ryP _ R Signature / i of Not is HB -227- Item 3. - 169 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los - Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 001100 U S Dollars(U S S50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, - = or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named, and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any - - power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as - though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its - .'corporate seal hereunto affixed this /:rday of 2013 Attest _ Berkley Insurance Company r(Seal) By By Ira S Lederman 4MY1% HafterSenior Vice President&Secretary a President "WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE`BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) - Sworn to before me,a Notary Public in the State of Connecticut.this A3 day of 2013,by Ira S Lederman and T Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company - EILEEN KILLEEN NO]M PURUC 5747c OFCONNFCTiCur Notary Public,State of Connecticut r ' MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE J I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of SEP 0 3 1--- (Seal) Andrew M-1hoa Item 3. - 170 HB -228- Instructions for Inquiries and Notices Under the Bond attached to This Power Ber kip Sur et•,Group,s the a411➢rated itndkriaratartg manager for die surety husfness eat Neaedca fmul ance Curnoan), Rerkle) Insuxaasce Cermpaity Berklel Regional In%ur m e€ompanj,Carolina c aw Ov' inkars art e C1 ngianw,Unnun it in-suran€e Cpmp arcs,Contivaaatal lv esteem Insuaame C o nip an% and @,ra€m 111Snr.tnt-C CcrrspanR 1 as`Y1 afv ttee authcntrcrty of tyre goon 1,pkase e afl(S60)768-3-53a of cautil EISUInalaaara'�b-rlieN 3Urt-t� kom ins s<artten notiw, mq dimes,chinas or €lenrands to the suret3 on the hand to rahach this Ride;is attached g1torfd he dsreLted to crhlc Suretl Group 412 Mount Kermhfe,enue €sate 31€iN iforrastom n,NJ 07964 Attention Sure,v Claims Department Or email BSGClanu a bet klevsuref) c.oaaa Please andude avath allrrotates the botad nvnrbw€ and the aaaauv of the pramapal on the pond M[sere a c mnp rs tieing asserted,pleaw set toa th ge€trally the Issas srt rhs mama Jn the.ase if a pa,m,nt)r perforrnance'i w-1, please ideutAN the project to sshrch the b(,nd pertsuras HB -229- Item 3. - 171 Bond Number 0195157 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By Name Title Authonzed Agent By r Name J es H Title AuthorAgent- Item 3. - 172 Hs -230- ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sQ name(g)whose name are subscribed to the within instrument and acknowledged to me that M/64 ee executed the same in heir u thonzed capacityi9D and that by eir ignature(®on the instrument the person(�s ,or the entity upon behalf of which the person(D 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 ERIN G ALLEN WITNESS my hand and official seal commission it 2038889 Notary Public-California z Riverside County 1 M Conan Ex ires Au 26,2017 Signature / / (seal) HB _23 1- Item 3. - 173 BOND NO 0195157 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated , 20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Sewer Lift Station and Force Main, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now,therefore, said Principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Ninety Five Thousand Three Hundred Thirty and 50/100--- dollars($1,095,330 50),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 1 "' —`-- 4)ocumcnts\2 2528180 Labor Word-City Atty revd 01-15-08 doc Item 3. - 174 HB -232- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof, this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company, as Surety By (It�,"'1. Edward C Spector,Attorney-In-Fact By APPROVED AS TO FORM By. Michael Gates, Ai rney 2 C\Users\espector\Documents\2 2528180 Labor Word-City A*revd 01-15-08 doc Hs -233- Item 3. - 175 CALIFORNIA ALL-PURPOSE 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 An eles s�� o 3 zar� On before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*)is/arie subscribed to the within instrument and acknowledged to me that he/-jho/4h@y executed the same in his/ /tom€authorized capacrty(ws),and that by his/herAw 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 fry o_� x WITNESS my hand and official seal ...-��.�.,or ;,�'li .a,c r Signature 4irature of Notary Public Item 3. - 176 xB -234- No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duty organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward G Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Rtsk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 001100 U S Dollars(U S S50,0003000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own _ proper persons r This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following = resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant 2 Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-m-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, " = or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further _ RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named, and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have _ J ceased to be such at the time when such instruments shall be issued u IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its -;corporate seal hereunto affixed this f 3day of 2013 Attest Berkley Insurance Company u(Seal) By �`--� By ` Ira S Lederman J y Halter Senior Vice President&Secretary mor a President `WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of/ ,2013,by Ira S Lederman and =Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of "Berkley Insurance Company EILEEN KILLEEt` - NO7 M PL'71LK 5747L OF COA'A'ECTICUT Not Public,State of Connecticut MY COMMISSION EXPIRES JUNE 30 0017 � CERTIFICATE 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,chat said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-m-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of (Seal) Andrew M a xB -235- Item 3. - 177 Instructions for Inquiries and Notices Fader the Bond Xttachcd tto This Ptmer Berk-UN Suret-, Croup is rite of hated onrivrmitinq in a nager for the ,ui eve bu,wes%91 tcoeha lfv;,atance Conjp,io, Bet kle� lrt,uraaee Compan),Be Ret;ien,41 ins ucuict Comp a uN (arojum cvu a fs� Ins ur—me Cunip,ao t-toon s;ttntlard I v-ur.na,Compacts,Conune.AANNesAvg it I nswante(onipanN a qa tit ion fitsurance Cwupaua 1 o Ncrify tare a u I fienuciO of the b(,nd,plvasf,(all(866)-,68-351�4 or enit it BS(,lnq a it ya Et,.',Je�%urct-,% coat A.P) written IIM'Kel, mquRries,0aims sir deqmnds to'he ,uicv, or,the bond to-Iii,h thi"Rider s atta(hed, OlOuld bt. directed to 13trkle-, 'surety Group 4 1? Mount Kemble Ax enue Suite 31ON 07960 tendon SuretN Claims Department 01 en-ul HI GCljimq nerklei-uret) cone Fle,tse iiclade-vs 411;Al notices the bund nu nihei anti tht-nam-oat the principal on the bond Vk here a ell,at is being asset ted please sei,fei tit generall-, tile basis of tone cJ.jitt in the case of a p.-N invnt v.-li,rfor-au tit v bowl, please tdcritih the ;it O]eCt to M filLt.the Ioond pertarts Item 3. - 178 HB -236- Bond Number 0195157 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By 1� d`— �J` Name BrOOKe 1001 Tale Ayzed Agept B Name G .lam Holas Title A onzed Agent HB -237- Item 3. - 179 ACKNOWLEDGMENT A notary public or other officer completing th)s certificate venfies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or valdity of that document State of California County of ORANGE ) On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James HOlas who proved to me on the basis of satisfactory evidence to be the person sowhose name(q islare subscribed to the within instrument and acknowledged tome that ey xecuted the same in eir uthonzed capaci ies and that by heir ignature(®on the instrument the person s(D,or the entity upon behalf of which the person D 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 ERIN G ALLEN WITNESS my hand and official seal Commission#2038869 i Notary Public•California i z Riverside County C M I Comm Ex ireS Aug26,2017 f Signature �`� (Seal) Item 3. - 180 HB -238- BOND NO 0195158 PREMIUM $30,472 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Storm Drain, 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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Five Million Seventy Eight Thousand Six Hundred Six and no/100---dollars($5,078,606 00) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 3 2528180 FAI7TV(JLL doc B -239- Item 3. - 181 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company as Surety By 44 Edward C Spector,Attomey-In-Fact By APPROVED AS TO FORM By G s,c y Attorney �� Michael ate ..^`^"'"^'"1 ULLcim Item 3. - 182 HB -240- CALIFORNIA ALL-PURPOSE 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 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved tome on the basis of satisfactory evidence to be the person( whose name(*)is/we subscribed to the within instrument and acknowledged to me that he/A@Ahey executed the same in his/hff/thew authorized capacity(+eg),and that by his/ / signature(*)on the instrument the person(,or the entity upon behalf of which the person(g) acted,executed the instrument _ I certify under PENALTY OF PERJURY under the laws of the s 41 1orAh State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature i 1 � L_• i ture of Notary Public HB -241- Item 3. - 183 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY (the"Company"),a corporation duly - organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Brantgan, Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delmeated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own =proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the prmciples of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the 1 manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and further RESOLVED,that the signature of any authorized officer and the seal of the Compairy may be affixed by facsimile to any - power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or r other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as -- though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued =IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its 'corporate seal hereunto affixed this f3day of 2013 Attest Berkley Insurance Company (Seal) By BI Ira S ederman �Haft.Senior Vice President&Secretaryrent WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY-SECURITY PAPER. STATE OF CONNECTICUT) ss• COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of ,2013,by Ira S Lederman and -:�Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of s Berkley Insurance Company EILEEN KILLEEN NONRYPUBLIC 5JA7LOFCONNCC ICUT Notary Public,State of Connecticut MY CDMMISSIDN EXPIRES JUNE 30 2017 CERTIFICATE - ' I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who execuWd the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date E P 0 J 201 Given under my hand and seal of the Company,this day of (Seal) Andrew M a Item 3. - 184 HB -242- Instructions for Inquiries and Notices Linder the Bond Attached to this Pos--er Berklel Suicta Group is the affnlnatec!witletF%rot ing.m4 narcr ion tine suretg bu�ant-ss of ua<naa lnsanraan�e C oml:anv�.B(rkley Io,�nrrattce Company,lie tklcc Etevonal Ins taeance C sraapannI,Carohn,a C,�NU31tN IV,,,w ance (-ompam,L mon,staanala,d Insurance Contnpans.Co9ttnentaI ky estetrn Ins aei<inacc Comp m.and l worm Instarance Company I ,ertft the authentteil.) of till, brand ple<<_se ra[I{Sig[?768-3534 or Lonnie, B1sG1nelun3,4 btrlsJeN urea' cusst Atny ss t ttt�nn notices antlantn ,,,claim,of demands nae the st,14% on.the bond to owfntch that'Rtd,•r t1 attar he d shOold be antestLd io Bet they Surety Group 412 3loconat Iecmble Avenue Sunae 310-N Moo rtetownn,\J 0'1,1 y0 Attctntnon Surety Claims Department Or cmad BSCCiaml1aa`berklet,,Luect coon Picacc include N hail n ott.eb fiie baantd ntunnher annd tlai n-nic of the principal on tine bond here a daw, � benng asserwed,please get feartln gex.€rab, tine ig34ns at the claim 9a+the case of a pagment or per'u4itaarnce bond Please ndentttg fire fit oject to match thc brand pertain" HB -243- Item 3. - 185 Bond Number 0195158 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner B Q& Name DrOOKe Doi Title Authorized Agent By Name mees�ss olas Title Authorized Agent Item 3. - 186 HB -244- ACKNOWLEDGMENT A notary public or other officer completing this certificate verges 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 ORANGE ) On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person Dwhose name(D are subscribed to the within instrument and acknowledged to me that 4efs4executed the same in eir uthonzed capaci ies and that by heir ignature(®on the instrument the person so,or the entity upon behalf of which the person sD 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 ERIN G ALLEN Commission#2038889 WITNESS my hand and official seal = Notary PutHic•C91i1ornia z r z Riverside County D My Comm Ex tires Aug26.2017 Signature � �1 � ���s' (Seal) HB -245- Item 3. - 187 BOND NO 0195158 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*, which said agreement, dated ,20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Storm Drain, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Five Hundred Thirty Nine Thousand Three Hundred Three and no/100---dollars($2,539,303 00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City' in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 1 ")ocurnentsl3 2528180 Labor Word-City Atty reed O M S-08 doc Item 3. - 188 FIB -246- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof, this Instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By Berkley Insurance Company, as Surety �� By Edward C Spector,Attomey-In-Fact By APPROVED AS TO FORM Michael Gate ,City ttomey 2 C\Users\espector\Doc=ents\3 2528180 Labor Word-City Atty reed 01-15-08 doc HB -247- Item 3. - 189 CALIFORNIA ALL-PURPOSE 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 S EE P 0 3 2015 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/sue subscribed to the within instrument and acknowledged to me that he/-_4e/t6ey executed the same in his/ €/€ €authorized capacity(wa),and that by his/4ff/Oietr 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 s ka EvZAK f„aFs7i> �GI- cis�, "., SWITNESS my hand and official seal SignatureAl nature of Notary Public Item 3. - 190 HB -248- No BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the"Company"),a corporation duly w organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons LL -This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, =without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant - Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further _ RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named,and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its `corporate seal hereunto affixed this J3day of 2013 Attest _ Berkley Insurance Company (Seal) By BIn " Ira S Lederman y Hafter Senior Vice President&Secretary i e President - 'WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) r Sworn to before me,a Notary Public in the State of Connecticut,this AS day of 2013,by Ira S Lederman and Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of 'Berkley Insurance Company EILEEN KILLEEN CS . i - N07AR!PURIIC 574TL Of CO 'ECI017 P'A Notary Public,State of Connecticut MY COMINISSION EXPIRES JUNE 30 217 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a a true, correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date ,i r) 1 Given under my hand and seal of the Company,this day of IfC . (Seal) Andrew M a HB -249- Item 3. - 191 Instructions for inquiries and-Notices Under the Bond Attached to Thu, Power fieft lo, �ll I eti, CI o up 1,tile affillated ardei vNviting niiv a lget I ot I I ae surety Liu sines,,Est -k,,arch inIur a rice ( zmparv,RerideN tn,%ur mt,:conipari.% Berj%lei Reg on a!ins it ran,e( ompani.Caralm a f asualtN Inqurance Onllpmo t'nion sta;ldard fusur4tice Compam f eatmental We,tern I it sui onee Compiny aiwd L na)rl In-urance Comparii To IV,lly file aaselre3ntisrer "f thc band,please I A(860)768-3434 w critad RQ,,G1nquw%1'v berk4%,,ure" Coal 4'11s I rMen vioticcs inquirieI clams N ei tieman(N to the stiret% oat tre hwid to v%hich this R-idei is attached sAiauld the dire,ted to Hcrl.le-, Sur tN Group 412 Mount Xtmble 4ietib( stitte 31WN Woiristovtn NJ 07961) Utentmn Surer) Claims Depii intent Of etuall BSGC Ll;rnl�f berldel Sal etv -om P*A<e 111cludc 7okill all vutrL-_.ifie bond numbe, a4rjd the lianic ii!f the principal ,)n the bond ��here a claun is being aswried please set tw Ih generalh -lie W6!s of the cl_aY_n lk,the La,t of a pa,ment or ps_rfoiriijrae bfml, I please identifv the PrOj,d to"MCF the h(Mil PC rti'ln-1 Item 3. - 192 HB -250- Bond Number 0195158 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By 1� 0s.` Name brOO a lJoi Title Authorized Age ry� e B '' N [ Title Jame Hotas Authorized Agent HB _25 l- Item 3. - 193 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sowhose name(E) are subscribed to the within instrument and acknowledged to me that 4elahq ey xecuted the same in eir uthonzed capaci ies and that by heir ignature(®on the instrument the person@),or the entity upon behalf of which the person sU 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 ERIN 6 ALLEN WITNESS my hand and official seal Commission M 2030869Notary Public•Calffornia ^i Rrveraide County ' Le 4 Conan E a A 26,2017 Signature iL° X /���1 -� (Seal) Item 3. - 194 HB -252- BOND NO 0195159 PREMIUM$14,222 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Street, Striping/Signing,Traffic Siqnal,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Two Million Three Hundred Seventy Thousand Three Hundred Eighty Two and no/100---dollars ($2,370,382 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 4 2528180 FA=LU-L doe FIB -253- Item 3. - 195 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal 'see attached signature block By By Berkley Insurance Company as Surety By i(Q C AA Edward C Spector,Attorney-In-Fact By APPROVED AS TO FORM By a Michael Gates, ity Attomey "^°^"'"^""IuLL doc Item 3. - 196 HB -254- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing tlus 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 S E P Q 3 2011 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s)is/are-subscribed to the within instrument and acknowledged to me that he/s,ho/giey executed the same in his/ /tom authorized capacity(wa),and that by his/ /€ € signature(a)on the instrument the person(s),or the entity upon behalf of which the person(e) acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the F7=_�5_ >r B 4'.rEP"114 71 s� State of California that the foregoing paragraph is true and correct �4; 'eI , 1 or ecLF�wV a WITNESS my hand and official seal s Signature i nature of Notary Public HB -255- Item 3. - 197 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Brantgan,Ashraf Elmasry,Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los Angeles, CA its true and lawful Attorney-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, r without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-m-fact named therein to execute bonds,undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bmd the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its ='corporate seal hereunto affixed this /3day of ✓I-y,2013 Attest T Berkley insurance Company 77 5 (Seal) By 4nior Ira S Lederman y HagerSenior Vice President&Secretary i e President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) -Sworn to before me,a Notary Public in the State of Connecticut,this day of 2013,by Ira S Lederman and = -Jeffrey M HaHer who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company EILEEN KILLEEN NOTM PUBLIC 57ATL Of COP acCTICUT Notary Public,State of Connecticut MyCOMidISSION EXPIRES JUNE30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date SE tI zot Given under my hand and seal of the Company,this day of (Seal) Andrew M a Item 3. - 198 Hs -256- Instructions for Inquiries and :Notices Under the Bond Attached to This PoAer [let k4ev Sui etv Gi otip is the affiliated under%v ritmg manager fo-the surety business of ,vc.Aw Insurance Conipadaa Berkley Insaiance Companv, Berklev Idc;conalln>uraiice C,mipanc C'arohAaa CA,u,tlts 1nScat All ce Conipana Urion Standard lnsui ante C ompanv,C optincntal 6y estern lnsurante C'ompanv,Ana union lnsuraitce Compan-, in rcrif� the authenticity of the bond,please call(8661 7b8-3534 oc email 13SGInrluny4a berkle%SUrlt4 com _ArY written notices,myuirie, !aims or decnan+,to the surety on the bond fo v-,hie h this Roder es attached should he (lit ected to Berkley Surety Group 412 Mount Kemble k�enue Suite 31ON NJort astov-vn,-\J o 7960 Attentnm Surety Claims Department Or entail BSGClaint(a,herkleysurch cons Please nclude 5N ith all notices the bond number and th, name of the,principal on the boull 4Sltere a claim is tiu.ng asserted please set,orth generally the has„of the claim In the case of a pav11-it rya Der*01 L*a,attte bond please ideatrfy the project tc."huh the bond pertains xs -257- Item 3. - 199 Bond Number 0195159 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner By U6-' Name uthonzed Ag t Title �� By i Name Ajame Holas Title Authorized Agent Item 3. - 200 Hs -258- ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the Identity of the individual who sgned the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California County of ORANGE On September 04,2015 before me, Enn G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sowhose name(�s are subscribed to the within instrument and acknowledged to me that ey xecuted the same in eir uthorized capacityilliO and that by heir ignature(®on the instrument the person s(g),or the entity upon behalf of which the person sD 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 JRINLEN WITNESS m hand and official seal miss 6 *203 y � Commission�2038889 Notary Public-Cairtorma Riverside County Comm Ex ire;Au 26,2017 Signature - C�-f� �/� (Seal) HB -259- Item 3. - 201 BOND NO 0195159 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*, which said agreement, dated ,20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Street Striping/Signing,Traffic Signal, 1s hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made 1n Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million One Hundred Eighty Five Thousand One Hundred Ninety One and no/100--- dollars($1,185,191 00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act Nth respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount heremabove set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond 1 7ocumentsA 2528180 Labor Word-City Atty revd 01-15-08 doc Item 3. - 202 HB -260- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP,as Principal "see attached signature block By By Berkley Insurance Company,as Surety By Edward C Spector,Attomey-In-Fact By APPROVS0 AS TO PORM f sy. Michael Gates,City ttomey 2 C\Users\espcctor1Documents\4 2528180 Labor Word-Crty Atty revd 01-15-08 doc HB _261- Item 3. - 203 CALIFORNIA ALL-PURPOSE 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 S E PO 3 2019 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shalthoy executed the same in his/hop/their authorized capacity(tes),and that by his/heF/theo signature(g)on the instrument the person(&),or the entity upon behalf of which the person(&) acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the i,t,,, State of California that the foregoing paragraph is true and correct 02 iS 7 3 WITNESS my hand and official seal 4�_ Signature ignature of Notary Public Item 3. - 204 HB -262- No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warnmg found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Brantgan,Ashraf Ehnasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los rt Angeles, CA its true and lawful Attorney-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds =,had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, ='without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group, LLC,the Chairman of the Board, L Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-m-fact named therein to execute bonds,undertakings, recognizances,or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named,and ;. further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or - other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as ° though manually affixed The Company may continue to use for the purposes herem stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its = °corporate seal hereunto affixed this�-Iday of 2013 Attest Berkley Insurance Company (Seal) By_ � B4=��e Ira S Lederman er Senior Vice President&Secretary sident WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) - ) ss - — COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /3 day of 2013,by Ira S Lederman and Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of t Berkley Insurance Company EILEEN KILLEEN n07,st PUBLIC s747c oFconmecnctrr Notary Public,State of Connecticut MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREB Y CERTIFY that the foregoing is a s true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the ho d which this Power of Attorney is attached,is in full force and effect as of this date `' I Given under my hand and seal of the Company,this day of (Seal) Andrew M HB -263- Item 3. - 205 Instructions for Inquiries and Notices Under the Bond Attached to This Power Bertrlei *,urety Group is the atfihatecl undery riting inavaeer for the surety, business of ,4.a w lasurance C on.pam Berkley Tnsurauce Compant,3erklei Regional Insurance Compans Carolina C asnatts li cLran.e Comps me I Winn Standaid Insurante C ompanv,Contincntal Vv estern Itsurance Cwnpar.E,,and I'qion Insurance Corupan� 0 s,rity the authentxcits of the bored,ple ist call(866)768-3534 or entail RI;Gintiu,r+.0 berklei cut ett com art,hrrtten notices,inc(un jes,claims or demands ti,the suretF on the bond to Mitch this Rider tc ttac.hed should he dit ected to Bei klet sui ety Group 412 Mount Kenible aNenue State 31ON yJornstetsa,N3 07960 Attention Surety Clattns Ilepattment Or email BSGClairttQabcrkley,urehrcom ple,-e mclude"ath all notices the bond number aad the name of the primeipal on the bond Where a claim is being assei ted,please Net forth generally thr basis of the claim In the case of a p 9N c,Ont Or pea fornt.411c.e N,t_fi, please identify nit project to which the bond pertains Item 3. - 206 xB -264- Bond Number 0195159 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner Name Brooke Doi Title 7 Authonzed Agent By Name James Holas Title Authorized Agent HB -265- Item 3. - 207 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(Dwhose name(,)'s are subscribed to the within instrument and acknowledged to me that M4:iei a executed the same in heir authorized capacityijesh and that by heir ignature(® on the instrument the person s(E),or the entity upon behalf of which the person(D 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 ERIN G ALLEN Commission M 2036689 WITNESS my hand and official seal i Notary Public-Calnornis Riverside County �i My Comm Ex ires:u 26,2017 Signature (Seal) Item 3. - 208 HB -266- BOND NO 0195160 PREMIUM$35,458 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP_ (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*C05 Channel and VFPF,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Five Million Nine Hundred Nine Thousand Six Hundred Twenty and no/100---dollars ($5,909,620 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 5 2528180 FATTHFULL doe HB -267- Item 3. - 209 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this Instrument has been duly executed by the principal and surety above named,on September 3rd 12015 I SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal `see attached signature block By By Berklev Insurance Company as Surety By (Zqc�- Edward C Spector,Attorney-In-Fact By APPROV110 AS TO FORM �� f U- By: <� Michael Gates,Ci` Attomey I —HFULL doc Item 3. - 210 Hs -268- CALIFORNIA ALL-PURPOSE 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 S E P a 3 1015 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s)is/a#e subscribed to the within instrument and acknowledged to me that he/-,4e/€ executed the same in his/her/them authorized capacrty(ws),and that by his/ /t signature(a)on the instrument the person(s),or the entity upon behalf of which the person(Ig) 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 y "r 5 „ 6 WITNESS my hand and official seal Signature a t14 ture of Notary Public HB -269- Item 3. - 211 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully _ KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Brantgan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attomey-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and ail bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof Taus Power of Attorney is granted pursuant to the following -resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant - Secretary are hereby authorized to execute powers of attomey authorizing and qualifying the attorney-in-fact named therein v to execute bonds, undertakings,recognizances,or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such -- attomey-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attomey limits the acts of those named therein to the bonds,undertakings,recognizances, - Y or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further ry RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named, and further - RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein slated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued 21N WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its %`corporate seal hereunto affixed this �.Sday of 2013 Attest � Berkley Insurance Company (Seal) By BY Ira S Lederman J Hafter _ Senior Vice President&Secretary "or a President f WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /3 day of 2013,by Ira S Lederman and m Jeffrey M Hatter who are swom to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company rEILEEN KiLLEEN N07 1RY PUIBL1C S74Tt Of CONNECTICUT Notary Public,State of Connecticut _ MAY CDMMISSIDN EXPIRES JUKE 30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney that said Power of Attorney has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of Sc' (Seal) Andrew M a Item 3. - 212 xB -270- Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkiev Surety Gro sip ss the affiliated underwritm-mana;;er for the surety Uusaues,ut At aalta 1<t+nza,tce Companti,Beiklei Insurance Comp an A BerkleN Revonal Insurance Cump.ny (a i olina C asdA, lnsuronee C ompam,t molt Standard lnsurgnce Conspany,Continental to e.ret n lnsui ante Company,,tnd Union lilsurante Company `4o vertl,'the auth.isttctti of the bond please calf(06o)765-3534 or email BSClntlu rs�.i berkleEsurety torn it, H t att.rn notkce ,inquiries,clarrtt;or demands to the surety tin the bond to ivhtch this Rider a,o attached should be directed to Bel kle� 4uretN Croup W Mount Kerutaic Axonuc Suite 3ION Worristown,NJ 07960 Utention 1,uretd Claim-.Depaitnvent Cat email B',GC latnv,herklersuret� com Please me Jude tsrth all not«ces the bond numt ier and the name of the principal on the bond Vy here a claim is hern,4 a,oerred,please set north general]-, the ba>ts of the ti atnx In the ease of a pas merit of perfornijnte Mond, please identtts the l,rogt?t to»hash the hOULI pertarsPS HB -271- Item 3. - 213 Bond Number 0195160 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By 3'd Name 7 Brooke Ljoi Title Authorized Agent B Title e � dames Holas Authorized Agent Item 3. - 214 HB -272- ACKNOWLEDGMENT A notary public or other officer completing this certificate verges 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. I State of California County of ORANGE ) On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the personowhose name(E) are subscribed to the within instrument and acknowledged tome that ey xecuted the same in heir uthorized capaci ies and that by heir ignature(®on the instrument the person(E),or the entity upon behalf of which the person sD 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 ERM G A«EN WITNESS m hand and official seal a Commission#2038869 Y Z Notary Public•California i z Riverside County Comm Expires Aug26,2017 Signature ` ��—'��f�� � (Seal) i I HB _273_ Item 3. - 215 1 BOND NO 0195160 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated , 20 , and' identified as project Parkside Estates-Tract No 15377(R)and 15419(R)*C05 Channel and VFPF, is, hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now, therefore,said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, material lmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Nine Hundred Fifty Four Thousand Eight Hundred Ten and no/100 dollars($2 954,810 00),for materials furnished for labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond 1 ")Ocuments\5 2528180 Labor Word-City Atty revd 01-15-08 doc Item 3. - 216 xB -274- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in,any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By Berkley Insurance Company, as Surety By Edward C Spector,Attorney-In-Fact By APPROVED AS TO FORM } By Gate ,City tW-'y 2 C\Users\espector\Documents\5 2528190 Labor Word-City Arty revd 01-15-08 doc HB -275- Item, 3. - 217 CALIFORNIA ALL-PURPOSE 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 1� before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/ar-e subscribed to the within instrument and acknowledged to me that he/-_.4e/tom executed the same in his/ €/thy authorized capacrty(tee),and that by lus/hwF/ signature(s)on the instrument the person(s),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 e ��s l WITNESS my hand and official seal Signature14 ature of Notary Public Item 3. - 218 HB -276- No B1-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully _ KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Bramgan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own v proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 i RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein ` 1 to execute bonds,undertakings, recognizances,or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and i further _ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have - ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this /.1day of 2013 - Attest Berkley Insurance Company (Seal) By By t Ira S Lederman Thior Hafter Senior Vice President&Secretary i e President "WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ) SS COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /3 day of ,2013,by ira S Lederman and Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President respectively,of Berkley Insurance Company EiLEEN K{LLEEN NONRYPORUC V4TL OF COP'A'FCTlCUT Notary Public,State of Connecticut 7 MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a -true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date - Given under my hand and seal of the Company,this day of A `1 'J � (Seal) Andrew M a i HB -277- Item 3. - 219 Instructions for Inquiries and Notices cinder the Bond Attaebed to This Poixer 134 "'un tti Cox tamp is tht tftaha.ed unders�mmtxng manager fc.r ou sumct% busnmess of Acadia Ivi,tiran(e C'v Dip an, Berkley It!Qkl.ance C onapanN.l3(ridt-, Region atIasuran(e Comuparas C alohna C In,are,ree C onaparas,L nmon standard IpsaranLe C<arnpatt4,Ccnnm,ental N4 estemn ln,(€.rise(,Csa npans,and E asmon Inkurama.e€ompang TF, ersli the authentiWA of the bona,please calf(S6 )-63-3534 or en?axl B',Gln tumn ra herMeta ,urety coax xw ss rltien notm(es,inquxm It,,,Oansx�om demands to the sua etx on the bond to%shmEh this Rider n atta(hest should tic dweeted to Bex klea `iw eh, group 412` lousat Kentble "senue `suite 30N MorrtstoNNv,M E17960 Attention Surety Clasrms Department C)m eamil BS6Chmffnt it berldevsurets corn pk-ase ins lade to cth hlt notu cs the bond i urnitvx .and th( stance of the Principal on the bo ad 1N here r Jammn rs being asserted,please set torch generaH, the ba,as c,'the clattma In tt,e case of.pavrwtut('a perto-mxsarrc,)rc nd' pleas mdentmt) the project to v nm(h the bond pe,tasras Item 3. - 220 HB -278- Bond Number 0195160 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By '�___ Name Brooke Doi Title j Authorized Agent Bv� i N e�/ James Holas Title Authorized Agent I HB -279- Item 3. - 221 ACKNOWLEDGMENT A notary public or other officer completing this certtlicate 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 ORANGE ) On September 04,2015 before me, Erin G Allen, Notary Public (Insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person so whose namew 169are subscribed to the within instrument and acknowledged to me that hefsketf�e executed the same in heir uthorized capacityqjED and that by heir ignature(®on the instrument the person ),or the entity upon behalf of which the person sU 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 ERIN 6 ALLEN ComneSsion#2038889 WITNESS my hand and official seal Notary Public-California Riverside County s M Comm Ex ires Aa 26.2017 Signature— (Seal) I I I Item 3. - 222 HB -280- BOND NO 0195163 PREMIUM$15,570 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install i and complete designated public improvements',which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)'Grading and Street Repair,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Two Million Five Hundred Ninety Five Thousand Seventy Seven and nol100---dollars ($2,595,077 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 8 2528180 FrllT7iFULL doc HB -281- Item 3. - 223 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall In anywise affect Its obligations on this bond,and It does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this Instrument has been duly executed by the principal and surety above named,on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance eCCompany as Surety Edward C Spector,Attomey-In-Fact By APPROVED AS TO FORM ar 1 v Michael Gates,city ttome t"'THFULL doc Item 3. - 224 HB -282- CALIFORNIA ALL-PURPOSE 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 t before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/wo subscribed to the within instrument and acknowledged to me that he/&Ao/€ley executed the same in hislh4mlthw authorized capacity(wo),and that by his/4w/thm 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. 6 �,LEPI�I a.v Signature a e of Notary Public xB -283- Item 3. - 225 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C _ Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty insurance,providing that no single obligation shall exceed Fifty Million and 001100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds ?had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following -resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,20i0 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, s Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate sea] of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any - power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have -_ ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this /Iday of F 2013 Attest Berkley insurance Company _(Seal) By B*nioryte Ira S ederman er Senior Vice President&Secretary sident WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of 2013, by Ira S Lederman and N Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of - `Berkley Insurance Company EILEEN KiLLEEtJ n107 W rt'nuC S74TL Of COrrNECTICUr Notary Public,State of Connecticut MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE 1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date S E P J 20151 Given under my hand and seal of the Company,this day of (Seal) Andrew M a Item 3. - 226 HB -284- TP.structions for Inquiries and Notices Under the Bond Attached to This Po-�Ncr Bermes Group v,the-it I,hated on dcri%rniin-manager briv the stmh business of kcaoia 9nsarance C(tnlpan ,De;kle I Insurance CottipanN Be;k1cN Re�nonalfnsiiraiice Compa III,Ci I 0mra(-,A swa It', iyuui'11ce C orrip,ta% L trion Standard Insurance Cojnpans Continvirta I NN cct,rn fmoraricc couwxi).and Unior3 in,11i ance Compan', To,eriff the A irthentmit, o I the bond,please L ad(866)-768-31534 or entail B ,(,I nquit N ,tit etN coin Aw, it C11 I en not!ces 111,jutt tcs, vr ilem iwN to the kureta (iii the bond d to i0rich this Rider att--Ored "houid be do e"ted to B,.rkley Surety Group 412 Mount hernble Ai critic Suite MON Mot rottv*a,NJ 47960 x1tentvin ;Ulet-, Claims Departincrit Or ema,l BS(X laser 4zberk1eNsuiet,% corn Ple,i,E arciuderith mil the riainf,of ti,e principal on flit bond WneceattairutN being asNvi ti.d plex*e set forth gcoeva!h tile b,slk of the Cialm in The"aw of VJN ule,;t of P1-,1 florl"auce boivL piej,,c ident&, the prujmt to larch the hood pertain� HB -285- Item 3. - 227 Bond Number 0195163 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By J3 It, ✓9-= Name Brooke Doi Title Authorized Agent B Name James Holas Title Authorized Agent Item 3. - 228 HB -286- ACKNOWLEDGMENT A notary public or other officer completing this certificate ven6es 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sowhose names are subscribed to the within instrument and acknowledged to me that ey xecuted the same in eir authorized capaci419D and that by lieu ignature(®on the instrument the person,or the entity upon behalf of which the person(D 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 ERIN G ALLEN WITNESS my hind and official seal Commission#2038889 'a Notary Notary Public•California Z y .^` = Riverside County M Comm Ex ues Au 26,2017' Signature `.,� - E ��-� (Seal) HB -287- Item 3. - 229 BOND NO 0195163 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated 20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Grading and Street Repair, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now,therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Two Hundred Ninety Seven Thousand Five Hundred Thirty Eight and 50/100--- dollars($1,297,538 50),for materials furnished for labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City'1n successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 1 2528180 Labor Word-City Atty revd 01-15-08 doc Item 3. - 230 FIB -288- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise It shall be and remain In full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner affect its obligation on this bond, and 1t 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 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkley Insurance Company, as Surety By Edward C Spector,Attorney-In-Fact By APpROV91)AS TO FORM A ST Michael Gates,1-1 Attorney 2 C\Userslespector\Documentsl8 2528180 Labor Word-City Atty revd 01-15-08 doe HB -289- Item 3. - 231 CALIFORNIA ALL-PURPOSE 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 An eles On E P 03 �Q 15 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/&-.-subscribed to the within instrument and acknowledged to me that he/sho/tom executed the same in his/ / €authorized capacity(),and that by his/ /€ 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 ' CCAIV=ftt = r s WITNESS my hand and official seal Signature e of Notary Public Item 3. - 232 xs -290- No BI-7951 a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Brancgan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc of Los -in-Fact, to sign its name as surety only as delineated below and to execute, seal, Angeles, CA its true and lawful Attorney acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own _ proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, -without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein = to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such - attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or _ - other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued y IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this /3day of 2013 — Attest � Berkley Insurance Company (Seal) By_ BY Ira S Lederman J Haft" Senior Vice President&Secretary ,or e President -'WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of ,2013,by Ira S Lederman and r -Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company FILEEN KILLEEN NOTiM PUBLIC 5747L OF COP'NECTICUT Notary Public,State of Connecticut My COMMISSION EXPIRES JUNE X 2017 w CERTIFICA7 E I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a 'true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-m-Fact set forth therein, who executed the bondr,�nd�rt�k�nto which this Power of Attorney is attached,is in full force and effect as of this date �J CC ((,�j jj Given under my hand and seal of the Company,this day of (Seal) Andrew M is HB _291- Item 3. - 233 Instructions for Inquiries and Notices Under-the Bond Attached to This Power Bet klei Sur etw Gi oup is the affiliated underrsritrng manager lot the sui etA business ut A—idia Insurance C ornpan),Betlde� Insurance Compaire,Gei kie, RcgionaI Insurance Company,Carobna C asuaity insurance cwnpanr,(.riwn Ztandard Insui anee,C ompan ,C ontmentai NN esterr Insurance CompanN Arid Enron Tnsa_rance CompanF i o%erify the authenticity of the bond,please c all(866)768-3534 of email BSGInquir.,a€beri leFsui eh �otn ;ns i riften notjw,,inquiries,claims or aeniands to the sur ety on the bond to which(tits Rider is attached should be atirec ted to 13e-klei Su,cti croup 412 Mount Ketnble Ar cnue Suite?lpN 'Morristomm,NJ 07960 Attention Surm Clairis Departmetrt Or ernad l$GClatxnw her klev sw ON Corn Please inciddc iiith all notices the bond number ,€id the name of the principal on the bond ZN neie a shirr is be iirg assei ted,pie.:>e set forth genera% the basis of tlic eiatni in thc,Lase of a pay meat or perfri-mance bon,E pleasc identify the project to As htch the bond pertains Item 3. - 234 xB -292- Bond Number 0195163 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By Name Brooke Doi Title Authorized Agent By -- Name James Ho(as Title Authorized Agent HB -293- Item 3. - 235 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(�whose name( )'s are subscribed to the within instrument and acknowledged to me that#�eFsHe�e executed the same in heir uthonzed capacit ies and that by heir rgnature(®on the instrument the person(]s ,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 ERIN G ALLEN { Commission#t 2036669 i Notary Public-California i ? Riverside County M Comm Ex ues Aug26,2017 Signature L_ .�1 J . l (Seal) J Item 3. - 236 HB -294- BOND NO 0195155 PREMIUM$454 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Subdivider of Tract No 15377(R)and 15419(R)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 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED_PARTNERSHIP, (Subdivider) as principal, and Berkley 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$75,600 00, in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California IN WITNESS WHEREOF,we have executed this instrument this 3rd day of September, 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By ,Berkley In urrannce Company as Surety By ''^ Edward C Spector,Attorney-In-Fact By 1 C\Users\espector\Documents\2528181 Monument Word doc xB -295- Item 3. - 237 CALIFORNIA ALL-PURPOSE 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 SEP 0 3 2015 On before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s)is/or@ subscribed to the within instrument and acknowledged to me that he/&ho/dwy executed the same in his/ /ice€authorized capacity(te�g),and that by his/hgP/4iem 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 a ==-'�i S A)EVAN WITNESS my hand and official seal C 01f7N #i)YS',3 z z J,�w Signature Agnature of Notary Public Item 3. - 238 Hs -296- No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraj Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Asian or James A Ross ofAon Risk Insurance Services West,Inc of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own _proper persons T This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant - Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, - or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the = manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named, and w further = RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authonzing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any j person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this /3day of 2013 Attest Berkley Insurance Company (Seal) By B4Snior Ira S Lederman y Hafter Senior Vice President&Secretary a President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss ` COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /-3 day of ,2013,by Ira S Lederman and -Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company EILEEN KiLLEEN e s AIW tFrrUBLK W47t of C0AWEMCUT Notary Public,State of Connecticut MY COMMISSION ExpIRES JUNE 30 2N7 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a =true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date Given under my hand and seal of the Company,this day of r f ry (Seal) Andrew M a xB -297- Item 3. - 239 Instructions fait Inquiries and Notices Under the and Attached to This Pcmer I �, m lr-,maziLe lit rkIC% STIlet-, GFOUP 11�tilt affiliated undvt�,iritmg rii a nager for tv�e business of Ljd C')MP3111 MrklLN Irstv a w-t Ooml)aus,Ber;,tex Reg,ona I lnsuriwe compan).(arohn,t F neu A Iv, IRS urari-e C(impam d mork StandArd(nkui an(e Compani (onfluental W-,tern Insurance Co-npi�3,and V'rww Insurance curap.rn4 -fo Ne:6 tk julhenlikit% of!he baricl,please coll(F-t-,6)768-35 4 or ema;l PISCInqunN awwrk;eo S--)rkfy win 1,v, t,.i Men nowts squints claims er dcmand,,fin the surtti w)the bond to uhich this Ridei is attached should be directed to BerkleN Surety Gioup 41-' Mount Kemble A erws, Suite 31ON klorristm s,NJ 07960 ALItentron Surety ClatmN Department 01 email BSGClaink(a berkleNsuiet-v corn Please mciude meth all iiA,cts the bond nurnl)er ar.",the'FIATIM Of the I)i 1110pa.'on me beead NN 11�1 C d Clain,1S beli,g asse-ted phaw set forth-elLefAlk the be so,of the Claim tan thL Caw of.pal InLllt 02 PcHormanco nooA, 1^keaw Wentil,, the pro ect to nthich the bon-1 pertains Item 3. - 240 HB -298- Bond Number 0195155 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By JF SHEA, GP , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By �s Name Brooke Doi Title Aut nzedA n Bye Name Title James olas Authonzed Agent APPROVED AS TO FORM %;�CAtM-.y' 'I�hnl HB -299- Item 3. - 241 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sowhose name(S) are subscribed to the within instrument and acknowledged tome that ey xecuted the same in eir uthor¢ed capacrWeo and that by heir ignature(®on the instrument the person D,or the entity upon behalf of which the person s)acted,executed the instrument I certify under PENALTY OF PERJU RY under the laws of the State of California that the foregoing paragraph is true and correct LEN WITNESS m hand and official seal ERIs G #203 Y Commission#2038889 Notary Public California Riverside County my Comm Ex res Ayj 26,2017' Signature 1� (Seal) I Item 3. - 242 HB -300- BOND NO 0195162 PREMIUM$2,509 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Natural Treatment System,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,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Four Hundred Eighteen Thousand One Hundred Fifty Two and no/100---dollars($418152 00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 7 2528180 EUTHFULL doe FIB _30I- Item 3. - 243 The surety hereby stipulates and agrees that no charge, extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal "see attached signature block By By Berkley Insurance Company as Surety By Edward C Spector,Attorney-In-Fact By APPROVED AS TO FORM By '. <.6 Michael Gates,ci Attorney ----- --- 11LLd. Item 3. - 244 Hs -302- CALIFORNIA ALL-PURPOSE 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 w r C before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s)is/exe subscribed to the within instrument and acknowledged to me that he/Aw/tom executed the same in hislhW#iew authorized capacity(wo),and that by hislhop4tow 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 8 WITNESS my hand and official seal l. A Signature nature of Notary Public HB -303- Item 3. - 245 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere In this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws ofthe State of Delaware,having Its principal office In Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los Angeles, CA its true and lawful Attorney-In-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as of such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following =resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 r RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, - Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attomey authorizing and qualifying the attorney-un-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such - attorney-In-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except In the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-ID-fact named, and -- further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or t other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such Instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its '"corporate seal hereunto affixed this�3day of 2013 Attest Berkley Insurance Company T(Seal) By BISO= Ira S ederman y Hafter Senior Vice President&Secretary i e President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public In the State of Connecticut,this /3 day of 2013,by Ira S Lederman and Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley insurance Company EILEEN KILLEEN e e NOI iR)PUBLIC 57 ifL OFCONNECTICUP Notary Public,State of Connecticut -' MY COMMISSION EXPIRES JUNE 30,2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a 5 =true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bo> yn(j�rtakin( 'tol which this Power of Attorney is attached,is infull force and effect as of this date jj 7T Given under my hand and seal of the Company,this day of (Seal) Andrew M a Item 3. - 246 HB -304- Instructions for Inquiries and Notices Under the Bond Attached to This Power Be.,klcy Suieo Group is the jiflhavd underwriting manager for the sureiN Mviiness fit Acadia I nsui an cc (ompanN,Box UcA insurance CowpajiN,Berkle, kcaion a I I asiliaticc Compani Carolina Casua It i ln-,icance Couipanv,I nion Standard Insurance Compan} ContuienTaII'vestein Insurance Compam and Union Insurance Companv I it 4crif� tht. a uthenticit-, of Pic bond please call(866)768-3534 crelllAil BISGinquirN dl,ei life t,,it iev, corn -n� Nwrjiten notices inum.-Yes.claivas on demands to the sur,A on the bond to %hich this Ridci is attached should be directed to Berklev Su-et% Group 412 T�Iount Kemble fiNvinic Suite 310-N Alorrtsto"n,NJ 07960 kttention Sureti ClaausDepattment Or cinad RSGCJum(a-b(iklc,.,ureo, coin MA�e Include Niffli A iiotict,,the bond number and the minte of the principal on the bond lil herc,4 (laitu is being asserted,please set forth gener2M; the baiv,of the clain- In the LAW of A pat me it or pertot n-,wce belld picaw identif-the piolect to iehith the bond pzrtaiw, HB -305- Item 3. - 247 Bond Number 0195162 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner By 1, 0 Name Brooke Doi Title onzed A en By /F Name James Holas Title Authorized Agent Item 3. - 248 HB -306- 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the personowhose name-G) are subscribed to the within instrument and acknowledged to me that 4efshe�e executed the same in ei uthorized capacrtyjgs and that by heir ignature(® on the instrument the person sD, or the entity upon behalf of which the person sD 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 ERIN G ALLEN WITNESS my hand and official seal commission#2038889 Notary Public•California Riverside County �'i I My Comm Ex ires Aug26,2017 Signature_L ZOP(L-- pZ� (Seal) HB -307- Item 3. - 249 BOND NO 0195162 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements*,which said agreement, dated ,20 , and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Natural Treatment System is hereby referred to and made a part hereof, and WHEREAS,under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors,laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Hundred Nine Thousand Seventy Six and no/100--- dollars($209,076 00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Tale 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond 1 "rumen 2528180 Labor Word-Cay Atty revd 01-15-08 doc Item 3. - 250 HB -308- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise It shall be and remain In full force and effect The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect Its obligation on this bond, and It does hereby waive notice of any such change, extension, alteration or addition In witness whereof,this Instrument has been fully executed by the principal and surety above named, on September 3rd, 2015 SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By Berkley Insurance Company, as Surety By Edward C Spector,Attomey-In-Fact By APPROVED AS TO FORM I -t ar 1 Mkhael Gates,Ci Attomey 2 C\Users\espector\Documents\7 2528180 Labor Word-City Any revd 01-15-08 doc HB -3O9- Item 3. - 251 CALIFORNIA ALL-PURPOSE 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 S E P 03 20 11 5 before me,B Aleman,Notary Public,personally appeared Edward C Spector 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/ake/4key executed the same in his/her/tom€authorized capacity(+@@),and that by his/1 / 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 �N C0_1Vl 7}9t571 i Loa Signature ature of Notary Public Item 3. - 252 xB -3 1 0- No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attomey affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraj Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross ojAon Risk Insurance Services West,Inc. ojLos Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, - =without giving effect to the principles of conflicts of laws thereof This Power of Attomey is granted pursuant to the following -resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that, with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds,undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named;and further - _ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognisance,or other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its ."corporate seal hereunto affixed this /3day of F 2013 i Attest Berkley Insurance Company a(Seal) By BY Ira S Lederman J y Halter Senior Vice President&Secretary S nior a President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this /3 day of 2013,by Ira S Lederman and Jeffrey M Halter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of 4 %Berkley Insurance Company FILEEN KILLEEN R nIOnrr PLnuC S741LOFCouAIECncuT Notary Public,State of Connecticut MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a =true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date c Given under my hand and seal of the Company,this day of J 3 (Seal) Andrew M a HB -311- Item 3. - 253 Instructions for Inquirws and Notices Under the and Utached to This Povter Be-Eder `swelv Gioup as(h( 2frthat-d underysritin-I in apagci Irti the surk,te business of k,adia his'liance ,-(lytpjtfn,Btfkle-, In skff all"e C(,uipan,,Bea iaes Regfonal I as u-aatse( onipans,Carcilm.C."u'l It k I jisij!Ue (o nip--vv,town Standaid I nsilrjnLe(ompany.Continental N�ctein Insaran(t. C-)mpuu\—and Lmon Insuram e Compam I o F cril, tile itithellh, sy Of(If(- bond,plea,e call(Zi64)768-35;4 or entail BS61uquit N it bri klei s;tu ctN mpi -Ul, m litt(if flotl(.ck Inquirics t launs of, &,tnafids W the surct', on the bond to v-hu It this Rider as attached ,,Niuld he directed to fterkle,% su)tt-v Group 412 NiountKembk %%enue Sulk 31 Xfol vister'l n,NJ 0-960 Wention Surety ClainisDepariulent Or ernad BSGClaun,ahl ikleNsureta coin Pli-ase include n,ith all qutiLes The hand number inn the aamt a,' he f1tinklPAI AR 010 bUild WhetC J OAP"i S king assert,d pllraE met forth generalh the 1-fams of the cl,fan fu the ca-e of a pa-,nititt or perfi�rmawe bund, plc.isc identiti the proici t to�NhiLli',It,,hond pertains Item 3. - 254 HB -312- Bond Number 0195162 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F S H EA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner By Qa-� Name Brooke Doi _ Title Author d Agent By Name CJames Holas Title Authorized Agent HB -3 t 3- Item 3. - 255 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and tale of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person sewhose name(E are subscribed to the within instrument and acknowledged tome that ey xecuted the same in eir uthorized capaci ies and that by eir ignature(® on the instrument the person(g),or the entity upon behalf of which the person(D 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 ERIN G ALLEN WITNESS my hand and official seal Commission it 2038889 Notary Public-Cai fornla = r Riverside County M Comm Ex ues Aug26,2017 Signature� jjZ ' ���L (Seal) Item 3. - 256 HB -314- BOND NO 0195161 PREMIUM $14,243 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of Califomia,and SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements',which said agreement,dated 20 ,and identified as project Parkside Estates—Tract No 15377(R)and 15419(R)*Slater Storm Drain Pump Station,is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement Now,therefore,we,the principal and Berkley Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Two Million Three Hundred Seventy Three Thousand Seven Hundred Seventy One and no/100--- dollars($2,373,771 00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered 6 2528180 FAITHFULL doe HB -315- Item 3. - 257 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 3rd 2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP,as Principal *see attached signature block By By Berkle urance Company as Surety By �� Edward C Spector,Attorney-In-Fact By p ppROVE®AS TO FORM By. Mlenael Gates,G Attorney ^--HFULL d. Item 3. - 258 HB -3 1 6- CALIFORNIA ALL-PURPOSE 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 S E P 0 3 2015 before me,B Aleman,Notary Public,personally appeared Edward C Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/a-e subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in his/her/t €authorized capacity(),and that by his/horMww 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 Now,V'u`d t C_il, -n,a J,w27 20 Signature L�at �ure of Notary Public HB -317- Item 3. - 259 No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE The warnmg found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appomt Thomas S Bramgan,Ashraf ELnasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los ' Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds 2 `had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the prmciples of conflicts of laws thereof This Power of Attorney is granted pursuant to the following y _resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 _ RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant - Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-m-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company,and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-m-fact named,and further c RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or 4, other suretyship obligation of the Company,and such signature and seat when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its c -2,corporate seal hereunto affixed this /3day of 2013 Attest Berkley Insurance Company (Seal) By Bjniora�eresrd�e.t Ira S ederman y _ Senior Vice President&Secretary j WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER J STATE OF CONNECTICUT) ss COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of 2013,by Ira S Lederman and - -Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President,respectively,of Berkley Insurance Company EILEEN KILLEEN N07 it i rur7uc 571TL Of COA'NEC 017 Notary Public,State of Connecticut MY COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a =true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescmded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date S E P 0 3 2015 Given under my hand and seal of the Company,this__ day of L tl (Seal) Andrew M a Item 3. - 260 HB -31 8- Instructions for Inquiries and Notices Under the Bond Attached to This I'mier Btt 1,1 ei '-uretv r.roup is the at finated undcri%ritivig manager for tt,,e sat etv business of A adi a Insurance ompany �,Berl-lei Insurance Compan).Berklci Regional lo-,Uraoie COMpaPs,Car0hil,1 CASUAlt-i IfilUrAnLe CompariN, L neon Standard insurance Corupani,(entmental IN extern Insurance Company,and I neon Insurance Cornpam, I o kerd tile authentictiv of;he bond,please Lall t866)7t)8-3534 or cmail BSGInquit «bet Me,,surev. Loill Any k%ritten not ices inquiries tl,imp,or demands to the ;uret. on the bond to ..teach this Rider is attached should be directed to BeikieN SuretN Group 412 Mount kenible A,.critte Suite 3 1 0)\ MorristaN%fl, NJ 0-960 Attention SuretA Claims Department Or entail BSG(laimlii bet klci sut etv coin PIVAS(. uiLlule iN ith all n0i,v!,the bond uum her ind the name of i tie principal or,the brand being asserted,please sit'orth gencialix the basis of the cianit p8c ase identiti the project to-.,vbich the bond pertains HB -319- Item 3. - 261 Bond Number 0195161 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P , a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc , a California corporation, Its General Partner By Name Brooke Doi Title Authorized Agent By �"yZ Name James Holas Title b Authorized Agent Item 3. - 262 HB -320- ACKNOWLEDGMENT A notary public or other officer completing this certificate verities 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 ORANGE ) On September 04,2015 before me, Erin G Allen, Notary Public (Insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(,)whose name(g) are subscribed to the within instrument and acknowledged to me that Mlsh a executed the same in eir uthorized capacrtyjies and that by heir ignature(® on the instrument the person s(g),or the entity upon behalf of which the person(D 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 ERi WITNESS my hand and official seal Com G misss ion#203038689 z a • Notary Public-California z z Riverside County M Comm Ex im Au 26 2017 Signature '� �, �L'R i (Seal) L� HB -321- Item 3. - 263 BOND NO 0195161 PREMIUM included in performance bond LABOR AND MATERIAL BOND i I WHEREAS,the City Council of the City of Huntington Beach, State of California, and SHEA HOMES LIMITED PARTNERSHIP,A CALIFORNIA LIMITED PARTNERSHIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements', which said agreement, dated , 20 and identified as project Parkside Estates-Tract No 15377(R)and 15419(R)'Slater Storm Drain Pump Station, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington j Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California I Now,therefore, said Principal and the undersigned as corporate surety, are held firmly III bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million One Hundred Eighty Six Thousand Eight Hundred Eighty Five and 50/100--- dollars ($1,186,885 50),for materials furnished for labor thereon of any I kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered i i It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any I and all persons, companies and corporations entitled to file claims under Title 15(commencing with i 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 it 1 —ocuments%25281801.abor Word-City Aq revd 01-15-08 doc Item 3. - 264 FIB -322- Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise It shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition In witness whereof,this instrument has been fully executed by the principal and surety above named, on September 3rd,2015 SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal *see attached signature block By By I Berkley Insurance Company, as Surety By Edward C Spector,Attomey-In-Fact By I APPROVED AS TO FORM r By + Michael Gat ;City f6ttomey it I I I I i i 2 C\Users\cspector\Documents\6 2528180 Labor Word-City Any revd 01-15-08 doc HB -323- Item 3. - 265 CALIFORNIA ALL-PURPOSE 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 ` � " t " C„ before me,B Aleman Notary Public,personally appeared Edward C Spector who proved to me on the bans 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/ executed the same in his/her/di@w authorized capacity(4e�s),and that by his/hef/gyoif 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 6 A!C e W ry Ca c it WITNESS my hand and official seal '�oiar P�`ii+� is �i u� _ Signature 1 ature of Notary Public Item 3. - 266 HB -324- No BI-7951a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY ; WILMINGTON,DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint Thomas S Branigan,Ashraf Elmasry, Edward C Spector,Simone Gerhard,Daravy Mady, Tracy C Aston or James A Ross of Aon Risk Insurance Services West,Inc. of Los Angeles, CA its true and lawful Attorney-m-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars(U S$50,000,000 00),to the same extent as if such bonds =had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons _i =This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, - without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010 RESOLVED,that,with respect to the Surety business written by Berkley Surety Group,LLC,the Chairman of the Board, Chief Executive Officer,President or any Vice President of the Company,in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney-m-fact and revoke any power of attorney previously granted,and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated,and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named,and j further = = RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or ✓ other suretyship obligation of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued rN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its —corporate seal hereunto affixed this /3day of F ,2013 Attest Berkley Insurance Company (Seal) By BY Ira S Lederman J �ete er Senior Vice President&Secretary niorsident WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ss = COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of✓ ,2013,by Ira S Lederman and T Jeffrey M Hafter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice President respectively,of Berkley Insurance Company �' � EILEEN KILLEE N �,%_e^_� �. e i-•;�. NOIARY rURDC STaTL of CorINfCTICUT Notary Public,State of Connecticut my COMMISSION EXPIRES JUNE 30 2017 CERTIFICATE =1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney,that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed thSllery�o6 jde�t�f to which this Power of Attorney is attached,is in full force and effect as of this date �t((' ��oo II Given under my hand and seal of the Company,this day of (Seal) ' �An�drewM a HB -325- Item 3. - 267 Instructions for Inquiries and Notices Under the Bond Attached to This Poi-,er Berklcr Suret-, Group is the Affiliated under-,ititing.,manager for the suierN bwanes--of Aeadia Irourante C,xuvipam,Berkle-, Insurance ComvanN,ntil,IeN Regional I nsurar.,e Compan%.Carolina C isuait% In suiaiiic Conip,nv, L niou 'standard ln,uranu(oiiipan ,(witinental%1t estern Insat ance Compaio,and Union Inquiallec Company To NerifN the a uthenbutj of(lie bond,please LAI(866)7168-3514 or taiad BSG1nquiry,!ueikleNsure" tom Ani iitittcn notices.inquittyes.claims cir dcm an ds to the suiet% oil the bond to which this Rider is attached simuld be directeJ to BLI'lldel SUVCV. (,rOUP 412"Mount Kemble avenue Juutc Il0',% Morristown NJ 079oO kttention Suiety Claims Dtpartment Or eniaii �GClaini;a,beikle�surets cone F ease oultidt. "Aft all ni:,hc:s the bond number and tilt name of the orincipal on the bond %N herL a ClAffil is being!is�ei ted please set toi th genvialiv the basis o, the claim In the case of a paN men-tar perfor maw c bond, please idcniil� the project to which the Bond pe!taw, Item 3. - 268 HB -326- i Bond Number 0195161 I SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership I By J F SHEA, G P , a Delaware general partnership, Its General Partner By JFS Management, L P, a Delaware limited partnership Its General Partner By J F Shea Construction Management, Inc, a California corporation, Its General Partner I By Name Brooke Doi Title Authorized Agent /J By N James Holas Title Authorized Agent i I I i I I HB -327- Item 3. - 269 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 ORANGE On September 04,2015 before me, Erin G Allen, Notary Public (insert name and title of the officer) personally appeared Brooke Doi and James Holas who proved to me on the basis of satisfactory evidence to be the person s(�whose name(2) are subscribed to the within instrument and acknowledged to me that heFsbe�i ye executed the same in eir authorized capacity4go and that by heir ignature(® on the instrument the person@),or the entity upon behalf of which the person s0 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 ERIN G ALLEN �+[[ Commission*2038889 WITNESS my hand and official seal = Notary Public•California i = Riverside County (', M Comm Ex tree Au 26,2017- Signature " (Seal) 1 Item 3. - 270 HB -328- RECEIVED/BY A)z"; - CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating 11-9 /i (Date) / CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION T TO City Treasurer FROM City Clerk C DATE �Ylo SUBJECT Bond Acceptance I have received the bonds for (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. E TRACT AND DEVELOPMENT Faithful Performance Bond No. ��7•�� � Q�7' �5�'f /9- /j Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No Approved al 117 (Council Approval Date) CC No Agenda Item No. MSC No. City Clerk Vault No Other No. SIRE System ID No g/forms/bond transmittal to treasurer NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE C,v rMrt vN•'C-t +�Bv�w1v n�NT— FROM. Pt-AN*Rie DEPARTMENT TRACT NO 531 •� S�-1 g PARCEL MAP NO PARK AND RECREATION FEES PAID ❑ YES $ XNO a navtk..C�A4, DEVELOPER 1-24CA �OtvlVj c for �ScHessp�,Jel�+rva - Director of PIanfttttT --------------- FCITY OF HUNTINGTON BEACH 01B INTERDEPARTMENTAL COMMUNICATION TO: Patty Esparza, Deputy City Clerk FROM: Bob Milani, Senior Civil Engineer /0992 DATE: December 9, 2015 SUBJECT: Tract Map 15377 and 15419 THE ATTACHED ORIGINAL TRACT MAPS ARE READY FOR RECORDATION. Please Contact the Title Company listed below and request that they pick-up the attached Tract Maps. At the time of pick-up please forward a copy of this memo and the attached Tract Maps and request that they obtain all necessary County of Orange signatures and record it for their client. Additionally,the enclosed Declaration of Covenants,Conditions and Restrictions shall be recorded concurrently with the Tract Map with a recorded copy provided to the City. Title Company name: First American Title Company Title Company Street Address: 1250 Corona Pointe Courte, Suite 200 Title Company City, State,and Zip Code: Corona, CA 92879 Title Officer's name: Terrell Crutchfield (trutchfield@firstam.com) Title Officer Telephone Number: (951)256-5879 (direct) Commitment/Order Number: Order No. NHSC-3163368 (tc) Client: Shea Homes,John Vander Velde Address: 2 Ada, Suite 200 Aliso Viejo,CA 92618 (949)526-8815 Engineer: Hunsaker& Associates, Inc.,Fred Graylee,R.C.E. (949) 583-1010 Regarding Tracts 15377 and 15419 Note: To the City Clerk's Office: A Planning Department Release Slip must be received prior to release of these Tract Maps to the Title Company for recording. Upon the City Clerks receipt of the recorded copy of documents,please send a copy of the Tract Map to all contacts listed below and a copy of the recorded CC&R's to the City contacts only 1 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 Jill Arabe 714-374-5357 3 HB Public Works Department Attn Bob Milani 714-374-1735 City of jHuntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk ` Joan L. Flynn, City Clerk December 10, 2015 First American Title Company 1250 Corona Pointe Courte, Suite 200 Corona, CA 92879 Attention Terrell Crutchfield (951) 256-5879 Re Order No. NHSC —Tract Map Nos. 15377 and 15419 Parkside Estates Subdivision by Shea Homes, Graham and Warner The City Clerk's Office has prepared Final Tract Map Nos 15377 and 1419 to be recorded with the County Additionally, the enclosed Declaration of Covenants, Conditions and Restrictions need to be recorded concurrently with the Tract Maps and a recorded copy provided to the City Please have a copy of the recorded map returned to the Bob Milani, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648 Joan L Flynn, CMC City Clerk JF pe Enclosure e t Received by Date V 1�5 Sister Cities Anjo,Japan ® Wartakere,New Zealand g Jollowup/tract/escrow pick-up doc ® City ®f Huntington Beach � s 2000 Main Street ® Huntington Beach, CA 92648 FY (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk December 28, 2015 Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618 To Whom It May Concern Enclosed for your records is a copy of the fully executed "Subdivision Agreement By and Between The City of Huntington Beach for Tract No 15377 (R) and 15419 (R)," "Special Easement Agreement (Drainage Facilities)," "Special Easement Agreement (Enhanced Paving)," and "Funding Agreement " Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand Esparza, Patty From: Milani, Bob Sent: Wednesday, March 02, 2016 3 26 PM To: Esparza, Patty Subject. RE Shea Homes-Calif State Lands Commission Attachments. CSLC GenLease-DSCMColumns pdf, CSLC GenLease-ROW BikePedTrail pdf, CSLC GenLease-ROW Channel Imp pdf Hi Patty, We just received these 3 lease agreements from Shea It appears that 1 of the agreements is the one that you had already sent us by the way of the email below (ROW Channel), and that the other 2 agreements (DSCMColums and ROW BikePedTrail) are ones that were between Shea and State Lands Comm only Is there a way for you to scan the 2 new lease agreements into our SIRE system so that they are searchable by project and APN? Please let me know Thanks Bob Milani Senior Civil Engineer City of Huntington Beach (714) 374-1735 From: Esparza, Patty Sent: Wednesday, February 24, 2016 9.34 AM To: Milani, Bob Cc: DeBow, Debbie Subject: Shea Homes - Calif State Lands Commission Hi All Attached is the fully executed agreement received yesterday from the Calif State Lands Commission Would you please forward a copy to Shea Homes for their records—I don't have the email contact Thanks, Patty Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 1 i STATE OF CALIFORNIA EDMUND G BROWN JR, Govemor CALIFORNIA STATE LANDS COMMISSION JENNIFER LUCCHESI, Executive Officer 100 Howe Avenue, Suite 100-South (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 -Y California Relay Service From TDD Phone 1-800-735-2929 f from Voice Phone 1-800-735-2922 � Contact Phone:(916)574-1900 Contact FAX:(916) 574-1835 FEB 16 2016 File Ref PRC 9244 9 Rick Fitch 3 Hughes Irvine, CA 92618 Subject General Lease — Right-Of-Way Use, for a Bike and Pedestrian Trail, Huntington Beach, Orange County f ' Dear Mr Fitch: Enclosed is your fully executed lease, PRC 9244 9, for a bike and pedestrian trail located in Huntington Beach, Orange County Our Accounting Office will be notifying you regarding a refund due or balance outstanding on this project within ninety (90) days from the date of this letter The Commission appreciates your cooperation and patience in helping to complete this transaction Please feel free to write or call if you have any questions. Sincerely, Drew Simpkin Public Land Management Specialist RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO STATE OF CALIFORNIA California State Lands Commission Attn Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 i STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACF ABOVF THIS IINF MR RI C'ORDFR'S USI- A P N 110-016-19,20&21 County Orange W 26738 LEASE NO.PRC 9 2449 This Lease consists of this summary and the following attached and incorporated parts- Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Land Description Exhibit B Mitigation Monitoring Program SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA,hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2,Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to SHEA HOMES LIMITED PARTNERSHIP hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations,terms, covenants, and conditions of this Lease. t MAILING ADDRESS: Shea Homes Limited Partnership 1250 Corona Pointe Court, Suite 600 Corona, CA 92887 LEASE TYPE: General Lease—Right-of-Way Use LAND TYPE: Sovereign LOCATION: East Garden Grove-Wintersburg Channel,City of Huntington Beach, Orange County, as described in Exhibit A attached and by this reference made a hereof LAND USE OR PURPOSE: The construction, use and maintenance of a bike and pedestrian trail TERM: 20 years, beginning October 16, 2015, ending October 15, 2035, unless sooner terminated as provided under this Lease CONSIDERATION: The public use and benefit, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State's best interests AUTHORIZED IMPROVEMENTS: Construction,use and maintenance of a bike and pedestrian trail N/A EXISTING: X TO BE CONSTRUCTED; Bike and pedestrian trail. CONSTRUCTION MUST BEGIN BY: N/A AND BE COMPLETED BY: N/A LIABILITY INSURANCE: Liability insurance in an amount no less than$1,000,000 per occurrence SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE,ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: , All personal property,tools, or equipment taken onto or placed upon the Lease Premises shall remain the personal property of the Lessee or its contractor Such personal property shall be promptly removed by the Lessee, at its sole risk and expense upon the completion of the project Lessor does not accept any responsibility for any damage, including damages to any personal property, including any equipment,tools, or machinery on the Lease Premises 2 No refueling, repairs, or maintenance of vehicles or equipment will take place on the Lease Premises or on lands subject to Lessor's jurisdiction 3 Lessee shall provide Lessor's staff with written notification of completion of construction, as-built plans, and photos within 30 days of project completion 4 No later than 60 days after completion of the bike and pedestrian trail, Lessee shall submit an Application and Minimum Expense Deposit on behalf of Orange County Parks for an Assignment of the Lease 5 Lessee acknowledges that the Mitigation Monitoring Program, attached as Exhibit B and by reference made a part of this Lease, is adopted by the Lessor at the time of approval of this Lease and Lessee agrees to be bound by and perform all of the conditions contained in the Mitigation Monitoring Program adopted by Lessor Lessee shall be responsible for all costs associated with { implementing the Mitigation Monitoring Program I t i SECTION 3 GENERAL PROVISIONS 1 GENERAL In the case of any conflict between these General Provisions and Special Provisions found in Section 2,the Special Provisions control 2 DEFINITIONS For the purposes of this Lease,the following terms shall be defined as stated below "Additions"shall be defined as any use or Improvements other than those expressly authorized in this Lease `Alterations"shall be defined as any material change in the size,scope,density,type,nature,or intensity of Improvements on the Lease Premises from what is authorized in this Lease Alterations shall also include any modifications,alterations,or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease "Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform "Damages"shall include all liabilities,demands,claims,actions or causes of action whether regulatory, legislative orjudreial in nature, all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys', accountants', investigators',and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such Lability,and(u)costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws,a court order, or applicable provisions of a Regulatory Agency the term"Damages"also includes,expressly,those Damages that arise as a iesult of strict liability,whether arising under Environmental Laws or otherwise 1 'Default"shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease "Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances,regulations,rules,judgments,orders,and notice requirements,which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment, (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials, (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions, (d) the preservation or protection of waterways, groundwater, or drinking water, (e)the health and safety of persons or property, or(f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq], the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq], the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq], the Clean Water Act, also known as the ; ederal Water Pollution Control Act(FWPCA) [33 USCS §§ 1251 et seq], the Toxic Substances Control Act(fSCA) [15 USCS §§ 2601 et seq],the Hazardous Materials Transportation Act(HMTA)[49 USCS §§ 1801 et seq],the Insecticide,Fungicide,Rodenticide Act[7 USCS §§ 136 et seq],the Superfund Amendments and Reauthorization Act[42 USCS §§ 6901 et seq], the Clean Air Act[42 USCS §§ 7401 et seq], the Safe Drinking Water Act[42 USCS §§ 300f et seq],the Solid Waste Disposal Act [42 USCS §§ 6901 et seq],the Surface Mining Control and Reclamation Act[30 USCS 11§ 1201 et seq],the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq], the Occupational Safety and Health Act [29 USCS §§ 655 and 6571, the California Underground Storage of Hazardous Substances Act[H& S C§§ 25280 et seq], the California Hazardous Substances Account Act[1-1 & S C§§25300 et seq],the California Hazardous Waste Control Act[H& S C §§25100 et seq],the California Safe Drinking Water and Toxic Enforcement Act[H& S C §§ 24249 5 et seq],the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq] together with any amendments of or regulations promulgated under the statutes cited above "Hazardous Material"shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous waste,hazardous material,toxic substance,solid waste,pollutant,or contaminant,under any Environmental Law "Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises Improvements include,but are not limited to buildings,structures, facilities,decks,docks,wharves,piers,walks,curbs,bridges,buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line,fences,utilities,pipelines,and any other construction of any type situated on the Lease Premises "Lease"shall be defined as this lease contract together with all amendments and exhibits "Lease Premises"shall be defined as the area of land,together with any improvements located thereon,the use and occupancy of which Form51 16(Rev 10/14) Page 1 of 12 I 4 is authorized by this Lease "Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners,their alternates and designates,the Executive Officer,and the staff of the California State Lands Commission "Regulatory Agency"shall include any kederal,State,County,Municipal,or Local agency having jurisdiction over the Lease Premises "Repairs"shall be defined as all work of any kind made to maintain, change,restore,strengthen,replace, alter,or otherwise affect any Improvement on the Lease Premises "Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging A Residence includes any Improvement axed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings,and floating residences such as boats, barges, arks, and houseboats,and any combination of such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory, intermittent,recreational use of facilities such as campgrounds "Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and Sunrooms which are extensions of, or additions to,the upland property and are not water-dependent uses Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type,or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not I consistent with common law public trust principles and values 3 CONSIDERATION (a)Absolute Triple Net Lease This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein (b)Rent Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term,or as otherwise provided in this Lease Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of Lessor Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002 Invoices for rent due may be provided by Lessor as a courtesy Lessor's failure to,or delinquency in, providing invoices shall neither excuse Lessee from paying rent,nor extend the time for paying rent (c)Modification Lessor may modify the method,amount,or rate of consideration effective on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1)of the next four(4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date No such modification shall become effective unless Lessee is given at least thirty (30)days'notice prior to the date of the Commission meeting wherein the rent modification is considered,or thirty(30)days'notice prior to the effective date of the increase,whichever provides a greater notice period If the consideration for this Lease is based on a percentage of income, royalties, profits, or any Similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income (d)Penalty and Interest Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent(5%) of the principal sum due Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest (e)Non-Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third palty Form51 16(Rev 10/14) Page 2 of 12 I, which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph I 1 Lessee shall be given at least thirty(30)days'notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the d effective date that this Lease is converted to a monetary rental,whichever provides more notice (f)Place for Payment of Rent All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202,or at any other place or places that Lessor may designate by written notice to Lessee Alternately,Lessee may contact Lessor's accounting department for Lessor's current practices foi payment by credit card or electronic fund transfer 4 BOUNDARIES i This Lease is not mtendcd to establish the State's boundaries and is made without prejudice to either party regarding any boundary j( or title claims which may be asserted presently or in the future 5 LAND USE (a) General (1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease Lessee shall commence use of the Lease Premises within ninety(90)days of the beginning date of this Lease or within ninety(90)days of the date set for construction to commence as set forth in this Lease,whichever is later (2)All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies Lessee is solely responsible for determining what approvals,authorizations,or certifications are required,and shall be solely responsible for all costs incurred thereby In addition,Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises (b)Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration Lessee's discontinuance of such use for a period of ninety(90)days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3) Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease (c)Repairs and Maintenance (1)Lessor shall not be required to make any Repairs in,on,or about all or part of the Lease Premises Lessee shall,at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements,in good order and repair and in a clean,safe,sanitary,and orderly condition (2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency Lessee shall observe and comply with,any law,statute,ordinance,plan,regulation,resolution,or policy applicable to the Lease Premises in making such Repairs All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee (3)Lessee expressly accepts the Lease Premises"as is"and expressly acknowledges that (i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized,and (n)Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises,or of their conformity to any applicable building codes,zoning ordinances,or other regulations Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for Form51 16(Rev 10/14) Page 3 of 12 1 the Lessee's intended use,and i (tit) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises (iv)Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply (4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged,or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for,and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures,and any other such hazards (d)Additions,Alterations,and Removal No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor Any Additions or Alterations are expressly prohibited Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises i (e) Enjoyment ? This Lease is non-exclusive, and is subject to the provisions of Section 3,Paragraph 6 below Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises (f)Discrimination Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any bans protected by federal, state, or local law, including race, color,creed,religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status,veteran status,or disability (g)Residential Use Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence,or for Residential Uses (h) Commercial Use Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period 6 RESERVATIONS,ENCUMBRANCES,AND RIGHTS-OF-WAY (a)Reservations (1)Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407,and 6903, respectively,the right to grant and transfer the same, as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease (2)Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease (3)Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease, however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease Form51 16(Rev 10/14) Page 4 of 12 6i P (4)Lessor expressly reserves the right to lease,convey,or encumber the Lease Premises,in whole or in part,during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease (b) Encumbrances 1 he Lease Premises may be subject to pre-existing contracts, leases, licenses, casements, encumbrances, and claims and is made without warranty by Lessor of title,condition,or fitness of the land for the stated or intended purpose 7 RULES,REGULATIONS,AND TAXES (a)Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles (b)Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements Lessee expressly acknowledges that issuance of this Lease does not substitute for,or provide preference in obtaining authorizations from other Regulatory Agencies (c)Taxes (1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed,or associated with the leasehold interest, Improvements on the Lease Premises,any business or activity occurring on the Lease Premises,the Lease Premises itself,or any portion thereof, levied by any governmental agency or entity Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment E (2)In the event that this I ease commences,terminates or expires during a tax year,Lessee shall pay the taxes for the period of such year during which this Lease was in effect (3)Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request (4)Lessee shall indemnify and hold Lessor,the Lease Premises,and any Improvements now or hereafter located thereon,free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes,assessments,or other charges 8 INDEMNITY (a) Lessee's use of the Lease Premises and any improvements thereon is at Lessee's sole and exclusive risk (b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease,except to the extent caused by the sole negligence and/or willful misconduct of the Lessor,Lessee shall indemnify,hold harmless,and,at the option of Lessor,defend Lessor, its officers, agents, and employees from any and al] Damages resulting from Lessee's occupation and use of the Lease Premises Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without limitation, any Damages arising by reason of (1)The issuance,enjoyment,interpretation,Breach,or Default of this Lease,(2)The challenge to or defense of any environmental review upon which the issuance of this Lease is based, (3) 1 he death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises, (4) The condition of the Lease Premises, or Improvements on the Lease Premises, (5)An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises, (6)Any work pei foamed on the Lease Premises of material furnished to the Lease Premises, (7)Lessee's failui e to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other (d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to Form51 16(Rev 10/14) Page 5 of 12 1 this Lease or any associated environmental review However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party,whether or not Lessor chooses to raise a defense against such a challenge (e) Lessee shall notify Lessor immediately in case of any accident, injury,or casualty on the Lease Premises 9 INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition,or maintenance of the Lease Premises and all Improvements r (b) The insurance policy shall identify the Lease by its assigned number The specific Improvements shall also be generally identified,as well as their location on state owned property The coverage provided shall be primary and non-contributing Lessee shall keep such policy current Lessor shall be named as a"certificate holder"and/or an"additional interest"on the policy Lessee shall provide Lessor with a current certificate of insurance at all times At Lessor's request,Lessee shall provide a full copy of the current insurance policy,along with any and all endorsements or other such documents affecting the coverage Lessor will not be responsible for any premiums or other assessments on the policy (c)The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee shall notify Lessor within five(5)business days if the insurance is canceled for any reason 10 SURETY BOND (a)When required by Section 1 of this Lease,Lessee shall provide a surety bond or other security device acceptable to Lessor,for the specified amount,and naming the State of California, California State Lands Commission as the assured,to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms,covenants,and conditions of this Lease (b)Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements,any modification of consideration,or to provide for inflation or other increased need for security The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease Should Lessor fall to exercise such right effective on any fifth anniversary, it may do so effective on any one(1)of the next four(4)anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary No such modification shall become effective unless Lessee is given at least thirty(30)days'notice prior to the date of the Commission meeting wherein the modification of the bond or sec,unty is considered, or thirty(30) days' notice prior to the effective date of the increase, whichever provides more notice (c)The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee must first seek approval of Lessor before changing the type of security device used,or the bondholder 11 ASSIGNMENT,ENCUMBRANCING OR SUBLETTING (a)Lessee shall not either voluntarily or by operation of law,assign,transfer,mortgage,pledge,hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part,or allow any person other than the Lessee's employees,agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld (1)Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse,or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse In the event of such a transfer,Lessor shall be notified in wt iting within 30 days of the transfer (2)Notice to Lessor of Successor Trustee(s) In the event this Lease is held in trust, and the Lessee is a trustee thereof; the substitution or succession of anew trustee shall not bean assignment or transfer for the purposes of this Paragraph Lessee(and by operation of law,any successor trustee)agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c)of General Provisions,no later than sixty(60)days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason (b)The following shall be deemed to be an assignment or transfer within the meaning of this Lease Foim51 16(Rev 10/14) Page 6 of 12 p 1 i (1)If Lessee is a business entity,any dissolution,merger,consolidation or other reorganization of Lessee,or the sate or other transfer of substantially all the assets of Lessee If Lessee is a publicly traded entity,transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor (2)If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership,or the dissolution of the partnership (c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor (d)If Lessee desires to assign,sublet, encumber or otherwise transfer all or any portion of the Lease Premises,Lessee shall do all of the following (1)Give not less than 90 days'prior written notice to Lessor, (2)Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee, and the nature of the use of and interest in the Lease Premises proposed by the assignee,sublessee,secured third party or other transferee (3)Provide the terms and conditions of the proposed assignment, sublease,or encumbrance or other transfer, (4)Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee, and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises,and (5)Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, subtessee,secured party or other transferee (6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use the proposed parry's financial strength and reliability,their business experience and expertise,their personal and business reputation,their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease,and may condition its approval of the proposed assignment,sublease,hypothecation,mortgage,or other transfer on the parry's acceptance of the new terms Lessee's rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c)above (f)Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions imposed by a separately negotiated encumbrancmg agreement (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises, except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee's tenancy (h)If the Lessee files a petition or an order for relief is entered against Lessee,under Chapters 7,9, t 1 or 13 of the Bankruptcy Code (I I USC Sect 101,et seq)then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty(60)days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease(monetary and non-monetary)or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured, and(2)that within thirty (30)days from the date of such assumption, all non- monetary Defaults under this Lease will be cured, and (3)that all provisions of this Lease will be satisfactorily performed in the future Form5l 16(Rev 10/14) Page 7 of 12 1 (i)In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease,the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not extend the term of this Lease 12 DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease (1)Lessee's failure to make any payment of rent,royalty,or other consideration as required under this Lease,or (2)Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease,or (3)Lessee's abandonment of the Lease Premises(including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term,or (4)Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements, or (5)The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency,Environmental Law,or maintenance of the Lease Premises in a condition constituting nuisance,or (6)Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease (7)Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge,expressed written consent or authorization of the Lessor (b) Lessee's failure to observe or perform any other term,covenant,or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease However, if the nature of Lessee's Default under this paragraph is such that more than thirty(30)days are reasonably required for its cure,then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty(30)day period and diligently proceeds with such cure to completion (c) Should Lessee Breach any term,covenant,or condition of this Lease under Paragraph 12(b)above three(3)times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this-Lease and Lessor will be entitled to immediately terminate this Lease,and take other appropriate action Lessor will provide written notice of each Breach as provided above,and provide written notice that future Breaches will constitute immediate Default with no cure period (d) Remedies , In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable,Lessor may at any time and with om without notice do any one or moic of the following in addition to any tights of iemedies permitted by law (1)Re-enter the Lease Premises,remove all persons and property,and repossess and enjoy such premises, or (2)Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means The termination shall not relieve I essee of any obligation, monetary or otherwise, which has accrued prior to the date of termination Such termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice Lessee shall immediately surrender possession of the Lease Premises to Lessor Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 19512 of the California Civil Code, or any other pmovision of law, including any necessary Repair,renovation,alteration,remediation,or removal of Improvements,or (3)Maintain this Lease in full force and effect and recover any rent,royalty,or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises,subject to the conditions unposed by Cal Civil Code§ 1951 2,or Form51 16(Rev 10/14) Page 8 of 12 (4)Fxercise any other right or remedy which Lessor may have at law or equity (e) Determination of Rental Value If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner (f) Waiver of Rights The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party Lessor's acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting Breach at the time rent is accepted i 13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a) Restoration of Lease Premises (1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor Prior to the time of surrender,Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed the Improvements on the Lease Premises,or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense Lessor may waive all of any part of this obligation in its sole discretion if doing so is to the best interests of the State (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements For purposes of this Lease, restoration includes removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises Lessor may waive all or any part of this obligation in its sole and absolute discretion (3)Unless otherwise provided for in this Lease,Lessee shall submit to Lessor no later than one(1)year prior to the expiration of this Lease either (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease (4)In removing any or all Improvements,or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law (5)Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens,mortgages,loans,or any other encumbrances Lessor shall not pay,and Lessee shall not be entitled to compensation for Lessor's taking title to such property (b) Environmental Matters (1)Lessee's Obligations (i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law Lessee shalt not manufacture or generate or store Hazardous Material on the Lease Premises unless specifically authorized under other terms of this Lease (it)Lessee shall practice conservation of water,energy,and other natural resources (ni)Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in the event of any release or threatened release of any Hazardous Material (2)Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved Form51 16(Rev 10/14) Page 9 of 12 m 3 by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated,used,placed, disposed, stored,or transported on the Lease Premises during the term of the Lease Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law (3)Environmental Indemnity Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon,incurred by,or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder,or out of any violation by Lessee of any Environmental Law,or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee's tenancy This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month-to-month tenancies created by operation of law Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease (4)Violation of this section shall constitute grounds for termination of the Lease Lessor, shall notify Lessee when, in Lessor's opinion, Lessee has violated the provisions of this section Lessee shall immediately discontinue the conduct and respond within five(5)business days Lessee shall take all measures necessary to remedy the condition 14. QUITCLAIM Lessee shall,upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all nghts under this Lease Should Lessee fail or refuse to deliver such a release, Lessor f may record a written notice reciting such failure or refusal This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants 15. HOLDING-OVER (a) This Lease shall terminate without further notice upon the expiration of the team of this Lease Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies (b) Lessor may,in its sole discretion,choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms,covenants,and conditions set forth in this Lease insofar as such terms,covenants,and conditions can be applicable to a month-to-month tenancy (c) In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies,the rent for each month or any portion thereot during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid In the event this Lease does not require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other t6. ADDITIONAL PROVISIONS (a)Waiver (1)No term, covenant,or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing No delay or omission of Lessor to exercise any right or power arising from any omission,neglect,Default or Breach of term,covenant,or condition of this Lease shall be construed as a waiver or any acquiescence therein (2)Any such waiver shall not be deemed to be a waiver of any other term,covenant or condition,of any successive Breaches of the same term,covenant,or condition,or of any other Default or Breach of any term,covenant or condition of this Lease Porm51 16(Rev 10/14) Page 10 of 12 �I (b) Time ? Time is of the essence for this Lease and each and all of its terms,covenants or conditions in which performance is a factor (c) Notice All notices required to be given under this Lease shall be given in writing,sent by U S Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease Lessee shall give Lessor notice of any change in its name or address (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event (e) Changes This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties (f) Successors The terms,covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors,and assigns of the respective parties (g) Joint and Several Obligation If more than one Lessee is a party to this Lease,the obligations of the Lessees shall be joint and several (h) Captions The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease (t) Severabihty If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable,,the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law �) Representations Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant,agreement or understanding not contained in this Lease (k) Gender and Plurality In this Lease,the masculine gender includes both the feminine and neuter,and the singular number includes the plural whenever the context so requires (1) Survival of Certain Covenants All covenants pertaining to bond,insurance,indemnification,restoration obligations, Breach,Default,and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease (m) Counterparts This agreement may be executed in any number of counterparts and by different parties in separate counterparts Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement (n)Delegation of Authority Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members,their alternates or designees,and the staff of the Commission The ability of staff of the Commission to give consent,or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff All other powers are reserved to the Commission Form51 16(Rev 10/14) Page 11 of 12 1 t STATE OF CALIFORNIA-STATE LANDS COMMISSION i LEASE NO PRC This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed LESSEE: LESSOR: SHEA HOMES LIMITED PARTNERSHIP STATE OF CALIFORNIA STATE LANDS COMMISSION By- _ By Chief � Q,__n- �Id�I�I�pement Division Title; ° v • r f ! � Title. ti / ? Date Date: ' FEB 16 2�96 ATTACH ACKNOWLEDGMENT Execution of this document was authorized by the California State Lands Commission on 10/16115 Month Day Year) Form51 16(Rev 10/14) Page 12 of 12 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 3 County of Orange On December 23, 2015 before me, Julie Wilson , Notary Public, personally appeared John Vander Velde and Robert J Yoder , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument 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 s�g� 10i comm.--,aw iseo2oa Notary Public ,California x L ry Riverside county Iv Comm Bpires JUn 27 2016 Julie Wi k on, Notary Public EXIIIBIT A LAND DESCRIPTION W 26738 In the City of Huntington Beach, County of Orange, State of California, being that portion of Parcel C5-101 as granted to the Orange County Flood Control District per Qurtclaun Deed recorded August 17, 1964 in Book 7181,Page 748 of Official Records of said County described as follows BEGINNING at the northeasterly corner of said Parcel C5-101, thence along the northwesterly line of said parcel, South 63040129"West 2156.77 feet; thence South 26°19'31"East 25 00 feet to a line parallel with and 25.00 feet southeasterly of said northwesterly line, thence along said parallel line,North 63°40`29"East 2144 30 feet to the easterly line of said Parcel C5-101; thence along said easterly line,North 00°10'50"East 27.94 feet to the POINT OF BEGINNING. END OF DESCRI PTI ON Prepared July 16,2015 LAND Pa Tiucidleslon Jr L. .No 7083 ��.¢ HUDDLFs�y���� D e: ,! � 1 a L S 7083 ? ,1�4� �' F EXHIBIT B CALIFORNIA STATE LANDS COMMISSION MITIGATION MONITORING PROGRAM PARKSIDE ESTATES (State Clearinghouse No 97091051) The California State Lands Commission (Commission) Is a responsible agency under the California Environmental Quality Act (CEQA) for the Parkslde Estates Project (Project) The CEQA lead agency for the Project is the city of Huntington Beach (City) In conjunction with approval of this Project, the Commission adopts this Mitigation Monitoring Program (MMP) for the implementation of mitigation measures for the portion(s) of the Project located on Commission lands The purpose of a MMP is to discuss feasible measures to avoid or substantially reduce the significant environmental Impacts from a project Identified In an Environmental Impact Report (EIR) or a Mitigated Negative Declaration State CEQA Guidelines section 15097, subdivision (a), states In part ' In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for mon►tonng or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects A public agency may delegate reporting or mon►tonng responsibilities to another public agency or to a pnvate entity which accepts the delegation, however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program The lead agency has adopted a MMP for the whole of the Project (see Exhibit B, Attachment B-1) and remains responsible for ensuring that Implementation of the mitigation measures occurs in accordance with Its program The Commission's action and authority as a responsible agency apply only to the mitigation measures listed In Table B-1 below Any mitigation measures adopted by the Commission that differ substantially from those adopted by the lead agency are shown as follows • Additions to the text of the mitigation measure are underlined, and • Deletions of the text of the mitigation measure are shown as stFikeout or as otherwise noted The State CEQA Guidelines are found at California Code of Regulations, Title 14, section 15000 et seq October 2015 Page B-1 (of 2) Parkside Estates Exhibit B— CSLC Mitigation Monitoring Program Table B-1. Project Impacts and Applicable Mitigation Measures. ,s DifferencefBetween _ r fttentialflmpact WitigationlMeasure(MM)2 CSLC MMP 'and Lead _Agency MM_P AQ-1:The proposed project is anticipated MMs 1 through 6 under Air Quality Assigned numbers to to exceed SCAQMD's daily threshold (refer to Attachment B-1, pages 4 impacts emission levels for NOx during through 6) construction activities Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact AQ-2 The City-approved/CCC-revised MMs 7 and 8 under Air Quality Assigned numbers to project would not exceed SCAQMD's (refer to Attachment B-1, page 7) impacts daily threshold emission levels for CO and ROC, however mitigation measures 7 i &8 would still apply to reduce the alternative project's long-term incremental contribution to the air quality impact AQ-3 The proposed project, in MMs 1 through 6 under Air Quality Assigned numbers to conjunction with other past, present, and (refer to Attachment B-1, pages 4 impacts reasonably foreseeable future projects, through 6) will result in a short-term air quality impact due to construction activities The addition of emissions to an air basin designated as non-attainment is considered under i CEQA to be a significant impact �AQ-4 The proposed protect, in T MMs 7 and 8 under Air Quality Assigned numbers to conjunction with other past, present, and (refer to Attachment B-1, page 7) impacts reasonably foreseeable future projects, will result in significant cumulative long- term impacts to air quality U-11 The proposed project has the MMs 1 and 2 under Noise(refer to Assigned numbers to potential to result in significant short-term Attachment B-1, pages 7 and 8) impacts noise impacts during exterior and interior construction activities ER-3 Potential impacts may result from MMs 1 and 2 under Earth Assigned numbers to ground shaking Resources(refer to Attachment B- impacts 1, page 9) HYDA The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts to drainage (refer to Attachment B-1, page 11) impacts HYD-2 The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts associated with (refer to Attachment B-1, page 11) impacts flooding HYD-3 The proposed project may result MM 2 under Drainage/Hydrology Assigned numbers to in potential impacts to water quality (refer to Attachment B-1, page 11) impacts HYD-4 The proposed project would MMs 1 through 3 under Drainage/ Assigned numbers to contribute to potential cumulative drainage, Hydrology(refer to Attachment B-1, impacts flooding, and water quality impacts page 11 and 12) 2 See Attachment B-1 for the full text of each MM taken from the MMP prepared by the CEQA lead agency October 2015 Page B-2 (of 2) Parkside Estates ATTACHMENT B-1 Mitigation Monitoring Program Adopted by the The City of Huntington Beach REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING V6RI1'ICATIOiNOFCOMPLIANU DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLEMENTOR PHASE FREQUENCY MONrroR SIGNATURES DAM 2002 CITY-APPROVED/2008 CCC- Those measures in"isles"have been met or are not REVISED PROJECT applicable L4ND LSE COMPkTrBILM j Prior to recordation ofa final tract map die applicant N/A N/A MAL N/A N/A The affordable units are currently oft-site , must satisfy the Cit)s policl requiring 10 percent of wham the City, therefore the Mitigation proposed units to be gffordcble Phis requirement must be Measure has been satisfied satisfied to the disomlion of the City Department of ' Planning through one of the forlass ing mathodr a Pav a fee to the City If sach a process tv avai+able b Participate with other developers or a non-profit organization to acquire andlor mhabrhtaae existing apartment unas at any off--site lo,ation within a siutable area and provide jor coninuted affordabditi, or c Provide the required affordable untis at one of Shea Homes faaurc niuh?-family oroliecis w tthtn the Grty of Huntington Beach This nutigation measure has been satisfied The proposed project, in conjunction with -- jI/A N/A N/A -- N/A NIA other past present-and reasonably foreseeable tture projects, may result in inconsistencies 'Miuganon Measure I above has been implemented with the City's Aftordable Housing Policy AESTHETICS/LIGR rAND GLARE 1 Prior to approval of building permits the applicant shall Poor toapproval Applicant Plan Check City option Planning The Ciry-approved/CCC-revised may be provide proof of incorporation of City comments / ofbudding to Department perceived as having a substantial, conditions related to the overall proposed design and Permit implement demonstrable,negative aesthetic eftect due to layout of buildings and landscaping,This design and as needed the reduction of viewable open space areas, layout of buildings shall be approved by the City Department of Planning S 2, Prior to issuance of building permits,-the-applicant shall Print to issuance Applicant Plan Check Once upon Planning submit a landscaping plan for the area outside the ofbudding completion Department perimeter wall alo-ig Graham Street to be renewed and pernut� approved by the Cit}Department of Planning REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONl1 ORI`G VERIFICATION Ol'CO`+IPLIANCF DESC ITY-AFPI N OF IMPACT MITIGATION MEASURES been PHASL IMPLEMENTOR PHASE FREQUENC1 MONITOR SIGNATURES D1,TE 20D2 CITY-APPROVED/2008 CCC- Those measures m°tfalus"have been met or are hot REVISED PROJECT applicable The City-approvediCCC-revised prolet,t would i3, Prior to approval of building permits the applicant shall \'A NIA N/A 'IT/4 NS'A Inot result in the removal of eucalypnts trees provide a fandscape Plan to be approved by the and therefore imtigahon measure 3 would not Department of Public Works and the Department of ,be required- Planning which includes the replacement of all mature trees on the site at a 2 1 roar,with 36 inch hoc trees i This measure was not applicable to 2002 approved or revised prolecr No eucalyptus trees will be removed I I The proposed project may result in impacts to '4 Prior to approval of building permits,the applicant shall Pnor to approval' Applicant Plan Check Once upon Planning County-proposed trails, submit a bnkeways plan to the City of Huntington Beach ofbuilding completion Department I Planning Department,in consultation with the Manager i permit of the County PFRD,'HBP Program Management and Coordination for approval of consistency with the Orange County Bikeway Plan LIGHT ,No GLARE 1 Prior to the approval of building permits, the applicant Prior to approval Applicant Plan Check Once upon Planning and On-Stte shall prepare a plan,which shows the proposed height, ofbuilding completion Public Works location,and intensity of street lights on-sit-- The plan permits Department The project s development will increase the shall comply with mimmum standards for roadway generation of light and glare on-site vnih on- lighting and shall be reviewed and approved by the City site vehicle-related increases In addition,the Planning and Public Works Departments proposed project may result in an Impact on the surrounding residential developments 2 Prior to the approval of budding permits, if outdoor Prior to approval Applicant Plan Check City option primarily to the north and to some extent,to lighting is to be included,energy saving lamps shall be of buildmg to the east used All outside lighting shall be directed to prevent permits implement 'spillage"onto adjacent properties and shall be shown on as needed the site plan and elevations, 3 lion-reflecuve materials shall be utilized to the extent Pnortoapprovali Applicant Plan Check City option feasible Individual building site plans shall be reviewed ofbuilding to and approved by the City Planning and Public Works peunits Implement Department as needed Off-Site — — — Lighting from the proposed development may MjUgavon Measures 1 through 3 above shalt be unrleinented result in light and glare impacts to adjacent off-site uses, 2 REVISED MITIGATION MONITORING PROGRAM DESCRIPTION OF IMPACT MITIGATION MEASURES INIPI.CMI-N1A91ON MONITORING VF,RIFICATIONOFCOMPIIANCE NCY 2002 CITY-APPROVED 12008 CCC- Those measures in"trnLcs"have been met or art not PHASE IMPLEMENTOR PHASE FREQUE MONITOR 11 SSICNArURES DATE REVISED PROJECT applicable TRANSPORTATIONI CIRCULATION I Prior to the Issuance of grading permits,the applicant shall Prior to Issuance Applicant Grading Permit City option City Engireer The proposee project will result in short-term coordinate with the City of Huntington Beach in developing of grading Review to implement construction related impacts due to tie addition a truck and construction vehicle routing plan(including dirt permits as needed of truck and construction vehicle traffic import haul route) This plan shall specify the hours in Depending on the location of the haul route, which transpor activrhes can occur and methods to traffic mpacts along the selected route may mmim¢e Lonsructinn related impacts to adjacent occur residences The final plan shall be approved by the City Engineer The proposed project may result in impacts to 2 Prior to the final inspection,the applicant shall construct a Dunne Applicant Final inspection Once upon City Engireer pedestrian,bicycle,and vehicular safety related traffic signal and improve the intersection at the proposed consnuction completion to the establishment of access and an on-site "A"Street and Graham Street, circulation system 3, Prior to the issuance of building permits,the applicant shall Prior to issuance Applicant Construction Once upon — City Engineer — — demonstrate to the satisfaction of the City Traffic Engineer of building Review completion " that standards(mcludingADA)regardmgpedesmarAicycic penmuts safety along the perimeter sideu alks will be met 4 Pnor to the final inspection, the applicant shall be During - Applicant Final inspection Once upon City Engineer responsible for-estripmg Graham Street from Glenstone to Construction completion the pro,eet access('A Street)as follows • Two 7 foot 6mkelanes,one 12'through lane in each direction,and a 14'rwo-way left running median Addmonally,the applicant shall be responsible for restnpmg Graham Street from A street to Wainer Avenue as follows • Two 7 foot bmkelanes,one 18'through lane in each direction,and a 1l'two-way left running median The improvements shall be approved by the City Engineer 3 REVISED MITIGATION MONITORING PROGRAM INIPLEMENI'ATION MONITORING VERI1FILA7IONOFCOMPLIANCE DESCRIPTION OF IMPACT MITIGA flON MEASURES PHASE IMPLEMENTOR PRASE FREQLENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"tlalics"have been met or are not REVISED PROJECT applicable. The proposed project in Lenjunction with other S Prior to final inspection, the applicant shall pay the Pnor to issuance Applicant Buddmgpeamt City option CityEngnneer past,present,and reasonably foreseeable future applicable Traffic Impact Fee (TIF) for the City of I of binldmg issuance to implement projects will result in level of service HLntington Beach The actual allocation shall be permits as needed deficiencies at the intersections Bolsa Cluca approved by the City Appropriate credits shall be granted Street and Warner Avenue and Graham Street toward the TIF The TIF shall cover the prnject's fair lane Wamer Avenue under the year 2020 share of year 2020 improvements to the arterial street condition system such as i Bolsa Cbma Street(Wamer Avenue- reconfigure intersection for cast/west tratfic to provide dual left turns and either three throughs or two throughs and an exclusive right turn lane This deficiency is a product of cumulative growth and not a direct result I ofthe proposed project QlabM Street/Wamer Avenue - reconfigure intersection to provide an exclusive southbound right tum lane from Graham Street to Warner Avenue This deficiency is a product of cumulative growth and not a direct result of the proposed project I AIRQukt.iTY — -- 1 During grading and-construction, the applicant shall be, During grading - Applicant Grading/ City option Planning and The proposed project is anticipated to exceed responsible for compliance with the following and construction Inspection to implement Public Works SCAQ1vIDs d i ly threshold emission levels for as needed Departments NO,during constriction activities Further,the A During clearing, grading, earth moving, or AQ-1 addition of emissions to an air basin designated excavation, maintain equipment engines in proper as non-artauiment is considered under CEQA to tune be a significant impact. B After eleanng,gradtrg,earth moving or excavation 1) Wet the area down,sufficient enough to form a crust on the surface with repeated soakings, as i necessary,to maintain the crust and prevent dust pickup by the wind 2) Spread soil binders,and 3) Implement surer sweeping as necessary 4 REVISED MITIGATION MONITORING PROGRAM IMPI PMENIATION MONITORING N ERI>:ICATION OP CDNIPLIANCE 11 DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLEMEMIOR PRASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable C During construction 1) Use,water trucks or spruiller systems to keep all areas where vehicles move damp enough to AQ-1 prevent dust rained when heaving the site coned 2) Wet down arras in the late morning and after work,is completed for the day, 3) Use low sulfur fuel (05% by weight) for construction equipment, D Phase and schedule construction acn lrc;, to avoid high ozone days E, Discontinue construction during second stage smog alerts 2 During grading and construction the applicant shall be During grading Applicant Grading i City option Plannmg and responsible for compliarce with the following(or other and construction Inspection to Public Works reasonably equivalent measures as required by the City implement Departments Engineer) as needed A_ Require a phased schedule for construction activities to minimize daily emissions B Schedule activities to minimize the amount of exposed excavated sod during and after the end of work periods C Treat unattended construction areas with water (disturbed land,which have been,or dre expected to be unused for four or more consecutive days) D Require the,planting of vegetative ground cover as coon as possible on construction sites E Install vehicle wheel-washers before the roadway entrance at construction sites F, Wash otftrucks leaving site, G Require all trucks hauling dirt, sand, ao 1 or other loose subsramcea and building materials to be covered or to maintain a mmimum freeboard of two feet between the top ofthe load and the iop of the truck bed sides H Use vegetative stabilization, wheneier possible, to control soil e-osion from storm water especially on super pads I Require enclosures o-chemical stabilization of open storage piles of sand dirt or other aggregate materials, 5 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION I VIONiTORI, VERIFICATION OF COMPLIANCE. DESCRIPTION OF IMPACT MITIGATION MEASLRES PHASE iMPt,EMENTOR PHASE FREQUENCY I MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"ttalres"have been met or are not REVISED PROJECT applicable J. Control off-road vehicle travel by posting dnvgng speed limits on these roads, consistent with City standards i AQ-1 K Use electricity from power poles rather than cont'd temporary diesel or gasoltre power generators when practical 3 During grading and construction the applicant shall be During grading Applicant Greding/ City option assuring / I responsible for assung that vehicle movement on any and const'trction Construction to Public Worts unpaved surface other than water trucks shall be I Review implement Departments terminated dwind speeds exceed 15 mph as needed 4 During grading and construction,the applicant shall-be During grading I Applicant Grading/ City option Planning/ responsible for the paving of all access aprons to the and construction Inspection to Public'Aorks project site and the maintenance of the paving implement Departments as needed_ �'l _ 5 Prior to issuance of grading permits the applicant shall tie Prior to issuance Applicant Grading/ City option Planning/ - responsible for assuring that construction vehicles ce ofgrading Inspection to Public Works equipped with proper emission control equipment to permits implement i Deparnrients substantially reduce emissions, as needed 6 Prior to ISSLERIce of grading permits the applicant shall be Prior to issuence Applicant - Grading/- City option Planning/ responsible for the incorporation of measures to reduce ofgrading Inspection ro Public Works construction related traffic congestion into the project permits Implement I Departments grading pentut Measures subject to The approval and as needed verification by the Public Works Department,shall include, as appropriate • Provision ofndeshare incentives + Provision of transit incentives for construction ' personnel Configuration of construct,on park ng to mmu maze traffic interference • Measures to minimire obstruction of through traffic lanes, • Use of a flagimsn To guide traffic when deemed necessary 6 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE fVPLENF.NTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"rialto"have been met or are not REVISED PROJECT applicable I The City-approved/CCC-revised project would 7 Prior to the final inspection, the applicant shall provide Prior to issuance Applicant Building permit City option Planning and - AO-2 not exceed SCAQMD s duly threshold emission proof to the City s Traffic Engineer that the project has of burldirg issuance to Public Works levels for CO and ROC, however mitigation coanbuted its far-share towards regional traffic permits implement Departments measures 7&8 would still apply to reduce the ' imp-ovement systems(I e, traffic impact fees) for the as needed altcmatize projects long-term mcremertal area This shall include efforts to synchronize traffic, contribution to die air quality impact I lights on streets impacted by project development 8 Prior to the final msnection die applicant shall provide Prior to plan Applicant Final inspection City option Planning and proof that energy saving features have been installed in check to Public Works project homes as required by the Uniform Building Code implement Departments Features ma} include solar or low-emission water as needed beaters,energy efficient appliances,double-glass paned windows,low sodmrr parking lights,etc The proposed project in conjunction with other " AQ-3 past,present and reasonably foreseeable figure projects,wi'l result in a short-teen air quality impact due to constriction activities The Mitigaticn Measures I through 6 above shall be implemented addition of ermssions to an air basin designated as non-attauunent is considered under CEQA to he a significant impact AQ-4 I The proposed project in conjunction with other - past,present,and reasonably foreseeable future projects, will result in sigmficant cumulative Mitigation Measures 7 and 8 above shall be implemented long-term impacts to air quality NOISE ---- - 1, Prior to issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option Planning N-1 The proposed project has the potential to result submit and have approved a noise mitigation plan to the of gmdmg Review to Department in significant short-term noise Impacts Curing Department of Planning that will reduce or mitigate short- permits implement exterior and interior construction activities term noise impacts to nearby noise sensitive The plan as needed shall comply with the City of Huntington Beach Noise Ordinance and shall include but not be limited to A 4 criteria of acceptable nurse levels based on type and length of exposure to construction noise levels, B, Physical reduction measures such as temporary noise homers that provide separation between the i source and die receptor temporary soundproof structures to house portable generators and C Tem or enerators(Ifutihzed)shall be located as 7 REVISED MITIGATION MONITORING PROGRAM IMPLI710FNTArION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FRhQUENCS MONITOR SIGNATURES DATE 2002 CITY-APPROVED f 2008 CCC- Those measures in"t[aGcs"have been met or are not REVISED PROJECT applicable far as practical from sensitive noise receptors D Mitigation measures such as restrictions on the time of construction for activities resulting in high noise N-1 levels cont'd 2 Prior to iss iance of grading permits die applicant shall Pnor to issuance Applicant Grading Permit Cig option City Engineer produce evidence acceptable to the City Engineer that of grading Review/ to permits Construction implement A All grading and construction vehicles and Review as needed equipment,fixed or mobile,shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation B Stockpiling and/or vehicle staging areas shall be located as fa-as practicable from sensitive noise receptors C All operations shall comply with the City of Huntington Beach Noise Ordinance Based on the distance of on-site and off-site 3a Prior to rsauance of grading permits the applicant shalt N/A Nib, Nlk N/A N/A homes to the park and the banner,included as produce evidence(spearficauotrsl acceptable to the(iiy part of the recommended project(i e„passive that the new walls if consinicied along the prcilmi s paseo park and slope), the proposed northern property (along the teat property line of lot recom-mcndcd proJeu is not anticipated to b103 to lot a123 on Kendworth Drive and the side result in significant noise impacts from property lines oflo's t,125 and 1126 on GrtienleafLone of recreational activities at the proposed part,site Tract 5792) will be consirucied to achieve marlmum sound aLcnuatrcn 1 This mitigation measure is no longer applicable to the revised project due to CCC suggested modifications that reduced active park from 8.4 acres to 16 acres 3b nnor to issuance of grading permits,the applicant shall Pnor to issuance Applicant Grading Permit Ctg option Planning produce evidence(specifications)acceptable to the Cm• ofgradmg Review/ to Department that the new walls,if constructed,along Graham Stree- permits Construction implement (along the project's boundary adjacent to the proposed Review as needed homes)wit[be construction to achieve maximum sound attenuation The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will not result in a significant Mitigation Measure 3 above is no longer applicable to revised incremental increase 0 8 dBA)in traffic noise project 8 REVISED MITIGATION MONITORING PROGRAM DESCRIPTION OF IMPACT MITIGATION MEASURES 1%IPIF%IFNTATION — MONITORING NFRIFICATIONOFCONIPIJA\CF;2002 CITY-APPROVED/2008 CCC- Those measures to"italics"have been met or are not PHASE IMPLEMENTOR PHASE FREQUE,CV MONITOR SIGNATURES DATE REVISED PROJECT applicable levels in the year 2020—Norse levels in excess _ of 65 CNEL are not anticipated considering the sound reductien effects of the proposed wall along the northern property line and along Graham Street I EARTH REsouitas _ L. Prior to the issuance of a grading permit the Prior to issuance Applicant Grading Permit City option City Engineer Sigrubcant settlements of peat deposits within retommendauons contained in Section 70 of trio of a grading Reeiew to the upper 5 feet could continue over the design geotechnical study, located in Appendix E of he EIR permit implement life of the structures without mitigation in the shall be incorporated into the earthwork activities of the as needed form of removal and,or surcharge proposed proleU to the satisfaction of the City Engineer F.ai'thwork dbtiv[ties include grading clearing and demolition, site preparation, unsuitable soil removals, backeuts,excavation processing,compaction of all fills, mixing benching. inspection survey control, subgrade i preparation,cut and fill slope construction,haul roads imoort soils, structural load and settlement/subsidence measures,and storm drain relocation 2_ Prior to the issuance of a building permit the Prior to issuance Applicant Plan Check City option City Engineer recommendations contained in Section 80 of the ofbuilding to gntecluucal study located in Appendix E of the EIR,shall permit implement be incorporated into the structural deign of the proposed as needed project to the satisfaction of the City Engineer,Structural design activities include Foundation Design, Settlements including Foundation Loads and Seismically Induced Settlement, Post-Tensioned Stab/ Foundations, Val Foundation,,Other Foundation Recommendations such as Footing Embedment,Underslab Treatment,and Subgrade Moisture Content, Concrete Driveways, Sidewalks, and Flatwork, Structural Setbacks, Retaining Walls Other Design and Construction Recommendations such as Lot Dramage, Unhry Excavations Utility Trench Backfill Corrosion,Metallic Structures,and Concrete Struen.res 9 REVISED MITIGATION MONITORING PROGRAM DESCRIPTION OF IMPACT MITIGATION MEASURES IMPLPMENTAT10\ MONITORING VERIFICA-1ION Ol,COMPI IANCC 2002 CITY-APPROVED/2008 CCC- Those measures to"rmtrcs"have been met or are not PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DA rt REVISED PROJECT applicable The potenndl exists for significant impacts from the on-site mildly to severely corrosive Mitigation Measured 1 and 2 above shall be implemented soils soils with poor pavement support caaractenstics low shear strength, and Shrinkage Potential impacts may result fraiu ground Mitigation Measures 1 and 2 above and Pnor to issuance Applicant Plan Check 'City option Building and shaking ofbuildmg to Safe ER-2 3 Prior to issuance of a building permit it bh implement all be proven permitar Department to the Department of Building and Safety that all as needed structures are designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association ofCalifomia to promote safety in the event of an earthquake, Potential impacts may result associated with Mitigation Measure 1 above shall be implemented Liquefaction and Seismic Settlement Me proposed local dewatenng may result in 4 Prior to the issuance of grading permits the applicant shall Prior to issuance Applicant Grading Permit City OpLon Public Works subsidence of adjacent properties along the contract with a dewatenng expert to prepare a detailed ofgrading Review to Department progect s northem property boundary Dewatenng Plan This plan shall include the placement of permits implement monitoring wells near the nord'em property lie to evaluate as needed ground water levels during the proposed project dewatenng activities The dewatenng activities shall be adjusted immediately if the monitoring wells show ground water level changes which may effect subsidence, of adjacent properties The Dcwdtenng Plan shall be reviewed and approved by die Department of Pu91ic Works Groandwaterimpacts may occur — Mitigation Measure 4 above shall be implemented The potential exists for impacts from S Prior to the issuance of d grading permit, Phase ll Prior to issuance Applicant Grading Permit City opnon Public Works hazardous materials to occur environmental soil sampling shall be conducted to ofa grading Review to Department determine the residual levels of pesticides in the soil If permit implement inappropriate/unsafe levels are identified by this analysis as needed clean up' measures shall be recommended and implemented The Phase II sampling and anv necessary measures shall be approved by the Department of Public Works 10 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VFRIFICAI ION OF LOMPI LANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PUASL IMPLEMENTOR PHASE FREQUENCY I MONITOR SIGNAIURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable. ,6 Pnor to the final inspection testing to venfy the During Applicant Final inspection City option Planning - estimated radon gas levels shall be implemented as construction to Department deemed necessary bl the Department of Planning implement ! DRAINAGE 1 HYDROLDGY as needed The proposed project may result in potential I Pnor to the issuance of building permits, the project Pnorto issuance Applicant Buduuig Pertmt City option Public Works impacts to drainage applicant shall implement conditions of the Public Works of budding Review to Department Department regarding storm drainage improvements permits implement HYD-1 which shall include but not be limited to as needed • Construct the necessary storm drainage improvements(identified on Exhibit 42 within the EIR)to handle increased flows and mtumept off-sne flows • Ensu-e that future building pads are placed at elevations suitable to withstand 100-year flood • Construct the necessary improvements to the East Garden Grove—Wintersburg Channel(C05)along the site's developed edge The proposed project may result in potential Mitigation Measure I above shall be implemented HYD-2 impacts associated with flooding i Tlie proposed project may result in potential 2 Pnor to issuance of any grading permits, the applicant Pnor to issuance Applicant Grading Permit City option I City Engineer impacts to water quality shall submit a'Notice of Intent' (NOI),along with the of grading Review to HYD-3 required fee to the State Water Resources Control Board permits implement to be covered under the State NPDES Ceneral as needed Construction pernut and provide the City with a copy of the written reply containing the discharger's identification number, I II ,3 Pnor to the issuance of the grading permits the applicant Prior to issuance( Apphednt Grading Permit Ciry option City Engineer shall provide a Water Quaht)Management Plan show mg ofgrading Review m conformance to the Orange County Drainage Area permits ' implement Management Plan and all NPDES requirements(enacted as needed by the EPA) for revlea and approval by the City Engineer- The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods and such other provisions which are appropriate i , 11 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING WRIrICATIONOPCOmPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHILSE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in°ltahcs"have been met or are not REVISED PROJECT applicable- HYD-4 The proposed project would contribute to coned I potential cumulative drainage flooding, and Mitigation Measures 1 through 3 above shall he implemented, water qudtity impacts BIOLOGICAL RESOURCES - i If project grading construction is scheduled during the Prior to Applicant Grading Permit City option Planning The proposed project may result in impacts to normal breeding season for red-tailed hawk and other issuance of Review to Department affected species locally and regionally raptors locally (February to July), a sun ey shall be grading permmts implement conducted for active nests Prior to the issuance of as needed grading permits, should any active nests be located within the zone of potential disturbance, construction activities shall be(muted to areas 500 feet away from the nest until the young have fledged and have begun i foraging away from the nest site The 500 foot protection zone shall be fenced with visible warning-color materials Neat trees shall be removed during the non breeding season only I _ I 2 Wetland impacts to the isolated potket wedurds shall be NA N/A N'A N/4 N/A The originally' proposed project may result mitigated at a ratio of4 1(square footage ofwedands to in potential impacts to pocket wetland habitats square footage offill) The Coastal Development Permit on the CoLnty parcel shalt require chat mnigauon for die Jilt of the pocket wetlands be implemented prior to the issuance of a The City-approved/CCC-revised would not grading permit for the County Parcel The mitigation resu t in rernoval 1mpdi,ts to the County parcel site shall 6e on-site or wahm the Balvo Chiea Lo.vlands wetland habitats and therefore ntigation unless the Iowtandv are sold to a new lmrdowndr and ' measure2 would not be required the new landowner is unwilling to allow the proposed inuigahon to proceed In such a co,e the developer of i ,he site shall fina on alternative inaigation we.The total mirigation for the loss of two small patches of degraded pukleweed habitat shall include the preservation and enhancement of 2 acres of appropriate wlldtlJe habitat per the Departmuu of Fish and Gaine This mitigation measure teas not applicable to 2002 approved or revised project There will be no development within the County parcel 12 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTA r1ON - MONITORING VERIFiCATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE BREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The project, in conjunction with other pas present, and reasonably foreseeable future Mitigation Measu•e 2 above is no longer applicable projects,will incrementally contribute to the cumulative loss ofbiological resources CULTURaL RESOURCES _ 1 Prior to issuance of a grading permit,the applicant shall Pnorto,ssuance Applicant GradmgPemut Cityoption Planning The proposed project may result in a significant conduct a subsurface test investigation for CA-0RA-1308 ofgrading Review to implement Director impact on archaeological sties CA-ORA-1308 and 1309 to determine the honwntal boundaries of the sites permit as needed and 1309 as well as to confirm the surface conclusions of rion- significance as mduared in the March,1997 Archeological Assessment, This may be accomplished through the mechanical excavation of a number of auger holes as well as two lxl-meter hand excavated units for stratigraphic control,The subsurface test investigation which includes disr.ussion of significance (depth nature condition, and extentofresources),final rmhgation recommendauons,and const estimate,shall be subtrutted to the Planning Director for review and approval. 2 Prior to issuance of a grad ng permit,the applicant-sh9l Prior to issuance Applicant — Grading Permit City option Planning create(if deemed necessary through Measure i above)a ofgradutg Review to Director cultural resource management plan based on test results A Permit implement full data recovery program shall be designed if site as needed avoidance is not feasible through design Possible recovery, plans include,but are not unined to,preservation,salvage,. partial salvage,or no mitigation necessary The plan shall I include consultation with the appropriate Native Amer,cdn Organization and be reviewed and approved by the Planning Director Additionally,die plan shall requ,re peer review in I conformance with the Coastal Commission s Archeological Guidelines I I 3 Prior to issuance of a grading permit,the applicant shall Prior to issuance Appltcan[ Grading Permit City option Plamimg provide written evidence that a certfied archaeologist has ofgrading Review to Director been retained,shall be present at the pre-gadmg meeting/ Permit implement conference shall establish procedures for archaeological as needed resource surveillance, and shall establish in cooperation with the project proponent procedures for temporanly halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate 13 REVISED MITIGATION MONITORING PROGRAM been m IMPI EMFNTATION MON11ORING VERIFICATION P GO'IPLIANCF DESCRIPTION OF IMPACT MITIGATION MEASURES PHAsE IMPLEMENTOR Pliksh FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- These measures in"tin/ics"have b been me[or are not REVISED PROJECT applicable I The archeological resource surveillance procedures shall include a provision for Native American review of grading operations It additional or unexpected archaeological features are discovered the archeologist shall report such findings to the applicant and to the Department of Planning and the appropriate\anve American Organization If the archaeological resources are found to be significant, the drehaeological observe-shall determine appropriate actions, in cooperation with the applicant for exploration dnd`or salvage These actions as well as Ena1 mitigation and disposition of the resources shall be subject to the approval of the Planning Director The tir000sed project in conjunction with other - - - - past,present one reasonably foreseeable future projects "ill incrementally contribute to the Mitigation Measures I through 3 above shall be implemented cumulative loss of potentially significant cultural resources PUBLIC SERVICES AND UTILITIES - - — rite Implementation of Cite above measures will I Prior to approval o°building permits budding plans shall Prior to approval Applicant Plan Cheek City option Fire mitigate all project-specific impacts to public be submitted to and approved by the Fire Department„If ofbuilding to Department services and utilities to a level less than during the Fire Department's plan check it becomes permits implement significant. evident that fireeround operations will become impeded as needed the department will irnpose additional fire code requirements in addition to the automatic sprinkler systems,alarm systems,access roads etc Police 2 Prior to issuance of budding permits, the Police Prior to issuance Applicant Plan Check City option 'Police Department shall be consulted during preliminary stages ofhuilding to ;Department of the project design to review cite safety features permits implement determine their adequacy,and suggest improvements as needed 3, During construction and at complete buildout,the project During Applicant - Construction Once upon i Police shall provide easy access into and within the project site construction and completion Department Put emergency vehicles and addresses shall be well at complete marked to faeihtdte response by officers Prior to the first buildout and final inspection, project site plans depicting these during plan requirements shall be reviewed and approved by the check Police Department 14 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING �'ERIFICAIIONOFCOMPLtANCE DESCRIPPIONOFIMPACT MITIGATION MEASURES PHASE IMPLEMENTOR 7 PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"tta(les"have been met or are not I REv[SED PROJECT applicable -- — Schools- ( 4 Prior to issuance,of building permits,the applicant shall Pnorto issuance Applicant lPlan Check Once upon Planning provide school fees to mitigate conditions of otbuddmg completion Department overcrowding as part of building permit application permits i Thee fees shall be based on the State fee schedule in I effect at the time of building permit applications _ 5 Prior to issuance of building permits the applicant shall Pnorto issuance Applicant {Plan Check Once upon Planning — - show proof of compliance with the Mitigation Agreement of building completion Department established between the Huntington Beach Union High permits School District, subject to the approval of the City of Huntington Beach r r 6 Prior to issuance of grading permits,the developer shall Pror to issuance ApplicantGrading Permit City option Pubht.Works submit a hydraulic computer water model analvsis for the of grading Review to Department development proposed an the City parcel, which permits implement addresses the following as needed a Water demand reduced by proiect (fire flow demand as demernnned by the Fire Department) b \faster Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(I e H2ONET)must be rur with the proposed land use demands(i e GPA),anc contrasted with the model inn using the existing land use demands, (i a the General Plan in effect at die Time tae Water blaster Plan was adopted) The City of Huntington Beach Water Division must be contracted to perform this analysis on the evjsting City of Huntington Beach Water System Model (142ONET) for a fee to he paid by the developer a rmnnnum of 30 days in advance If the analysis shows that project demand.,cannot be met with the Cit)'s current water system the developer shall be required to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the project at no cost to the City Prior to final inspection,the following water conservation Plan Check - Applicant Final inspection Once upon Public Wor1,s measures shall be implemented as required by state law completion Department a Ultra-low-flush toilets 15 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING - VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQOENCS MONITOR SIGN4ITURFS D11rE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable 1 --b Ultra-low-flow showers and faucets" c Insulation of hot eater lines in water recirculating sy stems d Compliance with water conservation provisions of the appropriate plumbing code 8 Prior to final inspection issuance water pressure Plan Check Applicant Final inspection Once upon Public Works regulators to limit dowrstream pressure to a maximum of completion Department 60 psi shall be installed 4, Prior to issuance of building permits, pervious paving Prior to issuance Applicant Plan Check Once upon Public Works material shall be used whenever feasible to reduce surface of building completion Department water runoff and aid in groundwater recharge and slopes permit and grades shall be controlled to discourage water waste through nmoff I _ 10 ?nor to final inspection, the applicant shall provide -CC&R revieu Applicant - Prior to final Once upon Public Works information to prospective,r"ideris regarding benefits of map recordation completion Department low water use landscaping and soLrces of additional assistance in selecting irrigation and landscaping I 11 The Water Division and Pail, Tree, and Landscape Dunng design Applicant Plan Check/ City option Public Works Dwision of the City's Public Works Department shall be and construction Constriction to Department consulted dunng design and construction of the Park for implement further water conservation measure,to revie% irrigation as needed designs and drought tolerant plant use as %ell as measures that may be incorporated into the project to reduce peak hour water demand I _ 12 Prior to issuance of grading permits,the developer shall 1 Prior to issuance Applicant Grading Permit City option Public Works submit a hydraulic computer water model analysis for the of gradtrg Review to Department portion of the project to be developed on the County pest implement fparcel,%hich addresses the following as needed d Water deniand reouired by protect (fire flow demand as determined by the Fire Department) b Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Nld,ter Plan) System Computer Model(i e 1120NET)must oe run with the proposed land use demands(I e GPA) and contrasted with the model run using the existing land use demands fi a the General]lan in effect at the 16 REVISED MITIGATION MONITORING PROGRAM 1MPiFmPNrkrlO'S — MONITORING VERIFICAr10NOFCOMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMEyTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable time the current Water Master Plan was adopted) The City of Huntington Beach Water Division must be conuacted to perform this analysis on the existing City of Huntington Beach Water System Model (H20NET),for a fee to he paid by the developer a minimum of 30 days in advance The developer shall be required to upgrade the CaN's system to meet the demands and/or otherwise mitigate the impacts of the project proposed development an the County parcel, at no cost to the City Any incremental impacts to the City's water system would need to be mitigated to the sansfaction of the Department of Publc Works-Water Division The annexation of the County parcel into the 13 Prior to the issuance of building Permits for any lot NIA NIA �N/A - NIA VA - - - City of Huntington Beach and to the OCSD within the parcel "thin the County of Orange, the occurred subsequent to certification of the applicant shall show prooffrom LAFCO of approval of Final EIR Thus the requirements of annexation of the County parcel intr the (it), of Mitigation Niedsure 13 bare been satisfied, Huntington Beach and the Orange Counry sanitation and there is no change inthe conclusion of the/ District sublrcl to the approval of the City Planning and Final EIR that this impact is reduced to below Public Works Departments a level of significance with implementation of ? miaeatnon —tits Mitigation Measure has been satisfied 14 Irrigation systems within the Park,which minimize water Pnor to issuance, Applicant Plan Check City option Planning& waste,shall be used to the greatest extent passible Such of building to Public Works medsures should involve where app*opnate the permlts implement Departinents following features as needed a Raised planters and bermmg in conjunction with closely spaced low volume, low angle (22 Y degree)spnnkler heads b Dnu irrigation c, lmgaton systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses d The use of reclaimed water for irrigated areas and grass lands The project applicants shall connect to the Orange County Water District s Green Acres system of reclaimed water should this supply of water be available Separate irrigation services shall be installed to ease this transition _ I 15 Landscape and irrigation plans for the Park which Pnor to issuance Applicant I Plan Cheek Once upon Pubh Works 17 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VFRiFICA'IIONOI',CUMPLIANCE' DESCRIPTION OF IMPACT MITIGATION MEASURES PH"SE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNAfLRES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"rialto"have been met or are not REVISED PROJECT applicable. encourage mmirmzed use of lawns and utilize warm ofbuildmg completion Department season,drought tolerant sperms shall be submitted to and permits appro%ed by me Water Division and Park, Tree, and Landscape Divis,on ewer 16 Prior to the Issuance of building permits,the property Pnor to issuance Applicant Plan Check Once upon Public Works owner(Shea Homes)shall construct the new sewer lift ofbmldmg completion Department station and force main in accoroance with the City- permits approved Sewer Plan for the proposed project, and implement conditions of the Public Works Department regarding sewer infrastructure improvements to handle increased sewer flow demands S Natural Gas 17 Prier to Isstance of building permits the Southern Prior to issuance Applicant Plan Check Once upon Public Works California Gas Compan} or designated natural gas of buldmg completion Department provider shall be comulted with during the building permits design phase for further energy conservation measures Electricity 18 Prior to Issuance of building permits SCE shall be Prior to issuance Applicant Plan Check Once upon Public Works consulted with during the building design phase for ofbuilding completion Department further energy conservation measures permits The proposed project will create increased Mitigation fvleastres 1 through IS above shall be demdnd for public services and utilities on a implemented local and regional basis Addruonally the project in conjunction with other past,present and reasonably foreseeable furore projects will create an increased deriand on fire, police schools community services water, sewer natural gas and electrical service,and faciliues 18 REVISED MITIGATION MONITORING PROGRAM DESCRIPTION OF IMPACT MITIGATION MEASURES IMPLEMENTATION I IONI1 ORING 1 EIZIFICATION OF CO vIPLIANCE PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DA re 2002 CITY-APPROVED!2008 CCC- Those measures in°rtnha"have been met or are not REVISED PROJECT applicable FROM INITIAL.STUDY/NOP NATURAI RESOURCES'TETt,RGY - - -- ! -I- Building design and construction shall comply with the ,Pnor to approval Applicant i, Plan Check Once upon Director of The proposed project may result in impacts to Energy Conservation Standards set forth in Title 24 of the of building completion Building and natural resources and energy Cahfomta Administrative Code. P for to approval of I permits Safety building permits for the Specific Plan,architectural and engineering plans shall be sub3ect to the review and approval of the Director of Building and Safer}to ensure conformance with these standards, Energy conservation features should include • Installation of thermal insulation in watts and ceilings whien meet or exceed State of California Title 24 requirements, • Insulation of hot water pipes and duct systeme Use of natural ventilation where possible • Use of nam-al gas for space hearing and cooking Installation of venuldnon devices • Orientation to sunlight and use of overhangs • Landscaping with deciduous trees, to provide shade in the summer months and allow sunlight through in the winter months Public Services and Utilities -- Telephone Prior to issuance Applicant Plan Check Once upon Public Works The proposed project may result to nnpacts ofbuildine completion Department regarding die'need for new telephone service i Prior to issuance of budding permits building plans shall permits to the site be submitted to GTE enabling GTE to assess the improvements necessary to provide adequate service to the project site The proposed prolut ma}result in impacts to Library, Prior to issuance Applicant — Building Permit Once upon Planning library facilities and services of building Issuance completion Department 1 The applicant shall provide development fees to mitigate permits conditions of increased demand as part of building permit application These fees shall be based on the City fee schedule in effect at the time of future building permit applications 19 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING �'ERIFICATIO\OF CO�iPL1ANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMIPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATF 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not RED ISED PROJECT applicable FROM INITIAL STUDY/NOP - -` Solid Waste Disposal Prior to Issuance Applicant Plan Check "--Once upon Planning 'Fie proposed project may result inimpact to ofbmlding completion Director solid waste disposal services and facilities I To reduce the proposed project's mipacts on waste permits disposal facilities p-oject designs shall develop a means of reducing the amot nt of waste generated both during coostrnction and when the project is in use The waste reduction program shall be approved by the Planning Director prior to issuance of budding permits Potential ways of reducing project waste loads include implementation of recvchng programs and use of low maintenance landscaping when possible (i a native vegetation instead of to f) 2 Rainbow Disposal shall be contacted during the design Prior to issuance Applicant Plan Check Once upon Planning stage of project components to ensure the most efficient of building completion Department and ecor'omical means for rubbish removal The designs permits shall include rubbish enclosures projected travel areas, and turnabouts where necessary. 20 STATE OF CALIFORNIA EDMUND G BROWN JR, Governor CALIFORNIA STATE LANDS COMMISSION JENNIFER LUCCHESI, Executive Officer 100 Howe Avenue, Suite 100-Southx (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922 Contact Phone:(916)574-1900 ' + Contact FAX-(916) 574-1835 193& FEB 16 2016 File Ref PRC 9243 9 Rick Fitch 3 Hughes Irvine, CA 92618 I Subject General Lease— Protective Structure Use, for Deep Soil- Cement Mix Columns, Huntington Beach, Orange County Dear Mr Fitch Enclosed is your fully executed lease, PRC 9243 9, for the Deep Soil-Cement Mix Column improvements located in Huntington Beach, Orange County Our Accounting Office will be notifying you regarding a refund due or balance outstanding on this project within ninety (90) days from the date of this letter The Commission appreciates your cooperation and patience in helping to complete this transaction Please feel free to write or call if you have any questions Sincerely, Drew Simpkin Public Land Management Specialist RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite I00-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACE dUOYL!HIS LING HJR RY ORDER'S USE A.P N_ 110-016-19,20&21 County Orange W 26738 f 1 LEASE NO. 'RC 9 2 3 This Lease consists of this summary and the following attached and incorporated parts Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Land Description Exhibit B Mitigation Monitoring Program SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2,Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to SHEA HOMES LIMITED PARTNERSHIP hereinafter referred to as Lessee,those certain lands described in Exhibit A hereinafter referred to as Lease Piemises, subject to the reservations, terms, covenants, and conditions of this Lease MAILING ADDRESS: Shea Homes Limited Partnership 1250 Corona Pointe Court, Suite 600 Corona, CA 92887 LEASE TYPE: General Lease—Protective Structure Use LAND TYPE: Sovereign LOCATION: East Garden Grove-Wmtersburg Channel, City of Huntington Beach, Orange County, as described in Exhibit A attached and by this reference made a hereof LAND USE OR PURPOSE: The construction, use and maintenance of deep soil-cement mix columns TERM: 20 years, beginning October 16,2015, ending October 15, 2035, unless sooner terminated as provided under this Lease s CONSIDERATION: The public health and safety, with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be to the State's best interests AUTHORIZED IMPROVEMENTS: Construction, use and maintenance of deep soil-cement mix columns N/A EXISTING: N/A_TO BE CONSTRUCTED; Deep soil-cement mix columns CONSTRUCTION MUST BEGIN BY: N/A AND BE COMPLETED BY: N/A LIABILITY INSURANCE: Liability insurance in an amount no less than$1,000,000 per occurrence SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE,ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: 1 All personal property, tools, or equipment taken onto or placed upon the Lease Premises shall remain the personal property of the Lessee or its contractor Such personal property shall be promptly removed by the Lessee, at its sole risk and expense upon the completion of the project Lessor does not accept any responsibility for any damage, including damages to any personal property, including any equipment, tools, or machinery on the Lease Premises i 2 No refueling, repairs, or maintenance of vehicles or equipment will take place on the Lease Premises or on lands subject to Lessor's jurisdiction 3 Prior to construction,Lessee shall provide evidence that the Orange County Public Works (OCPW)has reviewed and authorized the construction plans for the authorized improvements as described in Section 1 4 Lessee shall provide Lessor's staff with written notification of completion of construction, as-built plans, and photos within 30 days of project completion 5 No later than 90 days after completion of the authorized improvements, Lessee shall submit a Lease Quitclaim for the Executive Officer's review and acceptance Lessee shall be released from any obligations under the lease only upon written notice from the Executive Officer or designee accepting such Lease Quitclaim 6 Lessee shall provide a copy of the agreement or other documentation from the OCPW evidencing transfer of the authorized improvements from the Lessee to OCPW prior to the submittal of a Lease Quitclaim 7. Lessee acknowledges that the Mitigation Monitoring Program, attached as Exhibit B and by reference made a part of this Lease, is adopted by the Lessor at the time of approval of this Lease and Lessee agrees to be bound by and perform all of the conditions contained in the Mitigation Monitoring Program adopted by Lessor Lessee shall be responsible for all costs associated with implementing the Mitigation Monitoring Program SECTION 3 GENERAL PROVISIONS 1 GENERAL In the case of any conflict between these General Provisions and Special Provisions found in Section 2,the Special Provisions control 2 DEFINITIONS For the purposes of this Lease,the following terms shall be defined as stated below "Additions"shall be defined as any use or Improvements other than those expressly author ized in this Lease "Alterations"shall be defined as any material change in the size,scope,density,type,nature,or intensity of improvements on the Lease Premises from what is authorized in this Lease Alterations shall also include any modifications,alterations,or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease "Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform "Damages"shall include all liabilities,demands,claims, actions or causes of aLbon whether regulatory,legislative orjudicial in nature, all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys', accountants', investigators',and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability,and(u)costs and expenses incurred to bring the Lease Premises into Lomphance with Environmental Laws,a court order, ! or applicable provisions of a Regulatory Agency The term"Damages"also includes,expressly,those Damages that ai ise as a result of strict liability,whether arising under Environmental Laws or otherwise "Default"Shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease "Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances,regulations,rules,judgments,orders,and notice requirements,which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to(a) the protection or clean-up of the environment, (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials, (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions, (d) the preservation or protection of waterways, groundwater,or drinking water, (e) the health and safety of persons or property, or(f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq], the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq], the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq], the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) (33 USCS §§ 1251 et seq], the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq],the Hazardous Materials Transportation Act(HMTA)[49 USCS §§ 1801 et seq],the Insecticide,Fungicide,Rodenticide Act[7 USCS §§ 136 et seq],the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq], the Clean Air Act [42 USCS §§ 7401 et seq], the Safe Drinking Water Act[42 USCS §§ 300f et seq], the Solid Waste Disposal AU (42 USCS §§ 6901 et seq],the Surface Mining Control and Reclamation Act[30 USCS §§ 1201 et seq],the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq], the Occupational Safety and Health Act [29 USCS §§ 655 and 657], the California Underground Storage of Hazardous Substances Act[H& S C§§ 25280 et seq],the California Hazardous Substances Account Act[H & S C§§ 25300 et seq],the California Hazardous Waste Control Act [H& S C §§ 25100 et seq], the California Safe Drinking Water and Toxic Enforcement Act [H& S C §§ 24249 5 et seq],the Porter-Cologne Water Quality Act[Water C §§ 13000 et seq] together with any amendments of or regulations promulgated under the statutes wted above "Hazardous Material"shall be defined as and include any substance which falls within the definition of hazardous substance,hazardous waste,hazardous material,toxic substance,solid waste,pollutant,or contaminant,under any Environmental Law "Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises Improvements include, but are not limited to buildings,structures,faLihttes,decks,docks,wharves,piers,walks,curbs,bridges,buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line,fences, utilities,pipelines,and any other construction of any type situated on the Lease Premises "Lease"shall be defined as this lease contract together with all amendments and exhibits "Lease Premises"shall be defined as the area of land,together with any improvements located thereon,the use and occupancy of which I'orm51 16(Rev 10/14) Page 1 of 12 is authorized by this Lease "Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners,their alternates and designates,the Executive Officer,and the staff of the California State Lands Commission "Regulatory Agency"shall include any Federal,State,County,Municipal,or Local agency having jurisdiction over the Lease Premises "Repairs" shall be defined as all work of any kind made to maintain, change,restore, strengthen,replace, alter,or otherwise affect any Improvement on the Lease Premises "Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging A Residence includes any Improvement affixed to the land such as tiailers or cabins,built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats,and any combination of such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory, intermittent,recreational use of facilities such as campgrounds "Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of,or additions to,the upland property and are not water-dependent uses Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type,or other factors,it is the intention of the parties to include in this definition all j uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values E 3 CONSIDERATION (a) Absolute Triple Net Lease This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein (b) Rent Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term,or as otherwise provided in this Lease Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of Lessor Timeliness of receipt of remittances sent by marl shall be governed by the postmark date as stated in Government Code Section 11002 Invoices for tent due may be provided by Lessor as a courtesy Lessor's failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent,nor extend the time for paying rent (c)Modification Lessor may modify the method,amount,or rate of consideration effective on cac.h fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one(1)of the next four(4)anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date No such modification shall become effective unless Lessee is given at least thirty (30)days' notice prior to the date of the Commission meeting wherein the rent modification is considered,or thirty(30)days'notice prior to the effective date of the increase,whichever provides a greater notice period If the consideration for this Lease is based on a percentage of income, royalties, profits, of any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income (d)Penalty and Interest Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent(5%) of the principal sum due Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest (c)Non-Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third patty Form51 16(Rev 10/14) Page 2 of 12 whn,h results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11 Lessee shall be given at least thirty(30)days' notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the effective date that this Lease is converted to a monetary rental,whichever provides more notice (f)Place for Payment of Rent All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202,or at any other place or places that Lessor may designate by written notice to Lessee Alternately,Lessee may contact Lessor's accounting department foi Lessor's current practices foi payment by credit card or electronic fund transfer 4 BOUNDARIES { This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future I 5 LAND USE { (a) General (1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease Lessee shall commence use of the Lease Premises within ninety(90)days of the beginning date of this Lease or within ninety(90)days of the date set for construction to commence as set forth in this Lease,whichever is later (2) All demolition, construction, remodeling, reconstruction, maintenance, repairs,removal, or remediahon performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies Lessee is solely responsible for determining what approvals,authorizations,or certifications are required,and shall be solely responsible for all costs incurred thereby In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises (b)Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration Lessee's discontinuance of such use for a period of ninety(90)days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3) Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease (c)Repairs and Maintenance (1)Lessor shall not be required to make any Repairs in,on,or about all or part of the Lease Premises Lessee shall,at all times during the term of this Lease,and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements,in good order and repair and in a clean,safe,sanitary,and orderly condition (2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency Lessee shall observe and comply with,any law,statute,ordinance,plan,regulation,resolution,or policy applicable to the Lease Premises in making such Repairs All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee (3)Lessee expressly accepts the Lease Premises"as is"and expressly acknowledges that (i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized,and (it) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances,or other regulations Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for Form51 16(Rev 10114) Page 3 of 12 the Lessee's intended use,and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises (iv)Lessee and Lessor agree that any Impiovements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply (4)In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for,and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards (d)Additions,Alterations,and Removal No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor Any Additions or Alterations arc expressly prohibited Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises (e) Enjoyment This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises (f)Discrimination Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any bans protected by federal,state, or local law, including race, color,creed, religion, national origin, sex, sexual orientation, gender identity,age, marital/parental status,veteran status,or disability (g)Residential Use Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence,or for Residential Uses (h) Commercial Use Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period 6 RESERVATIONS,ENCUMBRANCES,AND RIGHTS-OF-WAY (a) Reservations (1)Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber,minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively, the right to grant and transfer the same, as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease (2)Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules,regulations, or management policies of the State Lands Commission Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease (3)Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease, however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease Form51 16(Rev 10/14) Page 4 of 12 (4)Lessor expressly reserves the right to lease,convey,or encumber the Lease Premises, in whole or in part,during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease (b)Encumbrances The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title,condition,or fitness of the land for the stated or intended purpose 7 RUi.ES, REGULATIONS,AND TAXES (a)Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles I E (b)Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements Lessee expressly acknowledges that issuance of this Lease does not substitute for,or provide preference in obtaining authonzdtions from other Regulatory Agencies (c)Taxes (1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on,assessed,or associated with the leasehold interest,Improvements on the Lease Premises,any business or activity occurring on the Lease Premises,the Lease Premises itself,or any portion thereof,levied by any governmental agency or entity Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment (2)In the event that this Lease commences,terminates or expires during a tax year,Lessee shall pay the taxes for the period of such year during which this Lease was in effect (3)Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request (4)Lessee shall indemnify and hold Lessor,the Lease Premises,and any Improvements now or hereafter located thereon,free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes,assessments,or other charges 8 INDEMNITY (a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk (b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease,except to the extent caused by the sole negligence and/or willful misconduct of the Lessor,Lessee shall indemnify,hold harmless,and,at the option of Lessor,defend Lessor, its officers, agents, and employees from any and all Damages resulting fiom Lessee's occupation and use of the Lease Premises Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without limitation,any Damages arising by reason of (1)The issuance,enjoyment, interpretation,Breach,or Default of this Lease,(2)The challenge to or defense of any environmental review upon which the issuance of this Lease is based, (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises, (4) The condition of the Lease Premises, or Improvements on the Lease Premises, (5)An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises,(6)Any work performed on the Lease Premises of material fin rushed to the Lease Premises,(7)Lessee's failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency (e) I'he reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other (d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to Form5l 16(Rev 10/14) Page 5 of 12 this Lease or any associated environmental review However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge. (e) Lessee shall notify I essor immediately in case of any accident,injury,or casualty on the I ease Premises 9 INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance,with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition,or maintenance of the Lease Premises and all Improvements (b) The insurance policy shall identify the Lease by its assigned number The specific Improvements shall also be generally identified,as well as their location on state owned property The coverage provided shall be primary and non-contributing Lessee shall keep such policy current Lessor shall be named as a `certificate holder"and/or an"additional interest"on the policy Lessee shall provide Lessor with a current certificate of insurance at all times At Lessor's request,Lessee shall provide a full copy of the current insurance policy,along with any and all endorsements or other such documents affecting the coverage Lessor will not be responsible for any premiums or other assessments on the policy (c)The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee shall notify Lessor within five(5)business days if the insurance is canceled for any reason 10 SURETY BOND (a)When required by Section l of this Lease,Lessee shall provide a surety bond or other security device acceptable to Lessor,for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms,covenants,and conditions of this Lease (b)Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements,any modification of consideration,or to provide for inflation or other increased need for security The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one(1)of the next four(4)anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary No such modification shall become effective unless Lessee is given at least thirty(30)days' notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30)days' notice prior to the effective date of the increase, whichever provides more notice (c)The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee must first seek approval of Lessor before changing the type of security device used,or the bond holder I 1 ASSIGNMENT,ENCUMBRANCING OR SUBLETTING (a)Lessee shall not either voluntarily or by operation of law,assign,transfer,mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part,or allow any person other than the Lessee's employees,agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld (1)Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee it the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse,or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse In the event of such a transfer,Lessor shall be notified in writing within 30 days of the transfer (2)Notice to Lessor of Successor Trustee(s) In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph Lessee(and by operation of law,any successor ti ustee)agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c)of General Provisions,no later than sixty(60)days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason (b)The following shall be deemed to be an assignment or transfer within the meaning of this Lease Form51 16(Rev 10/14) Page 6 of 12 (1)If Lessee is a business entity,any dissolution,merger,consolidation or other reorganization of Lessee,or the sale or other transfer of substantially all the assets of Lessee if Lessee is a publicly traded entity,transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor (2)If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership,or the dissolution of the partnership (c) if this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor (d) if Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises,Lessee shall do all of the following (1)Give not less than 90 days' prior written notice to Lessor, (2)Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee, and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee,secured third party or other transferee 4 (3)Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer, r (4)Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee,sublessee, secured party or other transferee, and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises,and (5)Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee,secured party or other transferee (6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use the proposed party's financial strength and reliability,their business experience and expertise,their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment,sublease, hypothecation,mortgage,or other transfer on the party's acceptance of the new terms Lessee's rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c)above (f)Lessee's mortgage or hypothecation of this Lease,if approved by Lessor,shall be subject to terms and conditions imposed by a separately negotiated encumbrancing agreement (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises, except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee's tenancy (h)If the Lessee files a petition or an order for relief is entered against Lessee,under Chapters 7,9, 11 or 13 of the Bankruptcy Code (I I USC Sect 101,et seq)then the trustee or debtor-m-possession must elect to assume or refer t this Lease within sixty(60)days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-m-possession has cured all Defaults under this Lease(monetary and non-monetary)or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured, and(2)that within thirty(30) days from the date of such assumption, all non- monetary Defaults under this Lease will be cured, and (3)that all provisions of this Lease will be satisfactorily performed in the future Form51 16(Rev 10/14) Page 7 of 12 (Q In the event of any transfer or assignment, under this Paragraph I I or by any other means authorized by this Lease,the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not extend the term of this Lease 12 DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease (1)Lessee's failure to make any payment of rent,royalty,or other consideration as required under this Lease, or (2)Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease,or (3)Lessee's abandonment of the Lease Premises(including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term,or (4)Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements, or (5)The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency,Environmental Law,or maintenance of the Lease Premises in a condition constituting nuisance,or (6)Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time bruits specified in this Lease (7)Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge,expressed written consent or authorization of the Lessor (b) Lessee's failure to observe or perform any other term, covenant,or condition of this Lease when such failure shall continue for a period of thirty (30) days after I essor's giving written notice shall constitute a Default of this lease However, if the nature of Lessee's Default under this paragraph is such that more than thirty(30)days are reasonably required for its cure, then Lessee shall not be deemed to be to Default if Lessee commences such cure within such thirty(30)day period and diligently proceeds with such cure to completion (c) Should Lessee Breach any term,covenant,or condition of this Lease under Paragraph 12(b)above three(3)times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease,and take other appropriate action Lessor will provide written notice of each Breach as provided above,and provide written notice that future Breaches will constitute immediate Default with no cure period (d) Remedies In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable,Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law (1)Re-enter the Lease Premises,remove all persons and property,and repossess and enjoy such premises, or (2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination Such termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice Lessee shall immediately surrender possession of the Lease Premises to Lessor Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 19512 of the California Civil Code, or any other provision of law, including any necessary Repair,renovation,alteration,remediation,or removal of Improvements,or (3)Maintain this Lease to full force and effect and recover any rent,royalty,or othei consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the conditions imposed by Cal Civil Code§ 19512,or Form51 16(Rev IO/14) Page 8 of 12 (4)Exercise any other right or remedy which Lessor may have at law or equity (e) Determination of Rental Value If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner {f) Waiver of Rights The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party Lessor's acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting Breach at the time rent is accepted 13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a) Restoration of Lease Premises (1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor Prior to the time of surrender,Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed the improvements on the Lease Premises, or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements for purposes of this Lease, restoration includes removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises Lessor may waive all or any part of this obligation in its sole and absolute discretion (3) Unless otherwise provided for in this Lease,Lessee shall submit to Lessor no later than one(1)year prior to the expiration of this Lease either (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease (4)In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law (5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens,mortgages, loans,or any other encumbrances Lessor shall not pay,and Lessee shall not be entitled to compensation for Lessor's taking title to such property (b) Environmental Matters (1)Lessee's Obligations (i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless specifically author ized under other terms of this Lease (it)Lessee shall practice conservation of water,energy,and other natural resources (ia)Lessee shall notify Lessor and the appropriate governmental emergency response agency,of agencies immediately in the event of any release or threatened release of any Hazardous Material (2)Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved Form51 16(Rev 10/14) Page 9 of 12 by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated,used,placed,disposed,stored,or transported on the Lease Premises during the term of the Lease Lessee shall provide the iesults of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law (3)Environmental Indemnity Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by,or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hci cundel,or out of any violation by Lessee of any Environmental Law,or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessees tenancy This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month-to-month tenancies t created by operation of law Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease (4)Violation of this section shall constitute grounds for termination of the Lease Lessor, shall notify Lessee when,in Lessor's opinion, Lessee has violated the provisions of this section Lessee shall immediately discontinue the conduct and respond within five(5)business days Lessee shall take all measures necessary to remedy the condition 14 QUITCLAIM Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants 15. HOLDING-OVER (a) This Lease shall terminate without turther notice upon the expiration of the term of this Lease Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies (b) Lessor may, in its sole discretion,choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms,covenants,and conditions can be applicable to a month-to-month tenancy (c) In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies,the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid In the event this Lease does not require monetary compensation,Lessor shall have the right to establish rent based on the fair market value of the Lease Premises The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other 16 ADDITIONAL PROVISIONS (a)Waiver (1)No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term,covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, Default or Breach of term,covenant,or condition of this Lease shall be construed as a waiver or any acquiescence therein (2)Any such waiver shall not be deemed to be a waiver of any other term,covenant or condition,of any successive Breaches of the same term,covenant,or condition,or of any other Default or Breach of any term,covenant or condition of this Lease Porm5l 16(Rev 10/14) Page 10 of 12 (b) Time Time is of the essence for this Lease and each and all of its terms,covenants or conditions in which performance is a factor (c) Notice All notices required to be given under this Lease shall be given in writing,sent by U S Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease Lessee shall give Lessor notice of any change in its name or address (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event (e) Changes This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties (f) Successors The terms,covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors,and assigns of the respective parties (g) Joint and Several Obligation If more than one Lessee is a party to this Lease,the obligations of the Lessees shall be joint and several (h) Captions The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease (i) Severabd►ty If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law (J) Representations Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant,agreement or understanding not contained in this Lease (k) Gender and Plurahty In this Lease,the masculine gender includes both the feminine and neuter,and the singular number includes the plural whenever the context so requires (1) Survival of Certain Covenants All covenants pertaining to bond,insurance,indemnification,restoration obligations,Breach,Default,and remedies shall survive the expiration or earlier termination of this Lease until I essee has fulfilled all obligations to restore the Lease Premises as required by this Lease (m) Counterparts This agreement may be executed in any number of counterparts and by different parties in separate counterparts Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement (n)Delegation of Authority Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members,their alternates or designees,and the staff of the Commission The ability of staff of the Commission to give consent,or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff All other powers are reserved to the Commission Form51 16(Rev 10/14) Page 11 of 12 STATE OF CALIFORNIA-STATE LANDS COMMISSION LEASE NO PRC q 2 y3.9 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the date hereafter affixed F E LESSEE: LESSOR: SHEA HOMES LIMITED PARTNERSHIP STATE OF CALIFORNIA r STATE LANDS COMMISSION B y B y — G --- ` Chm Title Lend efla�gwW Division Title M _ Date J dy5 1,`j )2-�L31�' Date: FEB 16 2016 ATTACH ACKNOWLEDGMENT Execution of this document was authorized by the California State Lands Commission on ► o/I6[15 (Month Day Year) Form51 16(Rev 10/14) Page 12 of 12 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 Orange On December 23, 2015 before me, Julie Wilson , Notary Public, personally appeared John Vander Velde and Robert J Yoder , who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument I I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct r JUL,E WWILSON l WITNESS my hand and official sea : Commission # 1980208 Notary Public-California z Z z Riverside County D My Comm Expires Jun 27,2018 Julie Wilso , Notary Public i EXHIBIT A TEMPORARY CONSTRUCTION PARCEL W 26738 LAND DESCRIPTION In the City of Huntington Beach and the Unincorporated Territory, County of Orange, State of California, being that portion of Parcel C5-101 as granted to the Orange County Flood Control District per Ouitclaim Deed recorded August 17, 1964 in Book 7181, Page 748 of Official Records of said County descnbed as follows- BEGINNING at the northeasterly corner of said Parcel C5-101;thence along the northwesterly line of said parcel,South 63°40'29"West 2578.30 feet;thence South 26°19'45"East 98.00 feet to the centerline of said parcel;thence along said centerline,North 63'40'29"East 116102 feet, thence South 26°19'31" East 98 00 feet to the southeasterly line of said of said parcel, thence along said s southeasterly line, North 63°40'29"East 400 00 feet; thence North 26°1931"West 98.00 feet to said centerline; thence along said centerhne,North 63°40'29"East 968 40 feet to the easterly line of said parcel,also being the centerline of Graham Street as shown on that map filed in Book 92,Pages 19 through 28 of Record of Surveys in the office of the County Recorder of said county; thence along said easterly line,North 00' 10'50"East 109.51 feet to the POINT OR BEGINNING END OF DESCRIPTION Prepared July 16,2015 AND Paul�t Huddleston Jr,T.S o.7083y�`'�'� �UDDtfsj LF�hf Tam: - - _ ., �O pr d L S 7083 70 Or cAl1F EXHIBIT B CALIFORNIA STATE LANDS COMMISSION MITIGATION MONITORING PROGRAM PARKSIDE ESTATES (State Clearinghouse No 97091051) The California State Lands Commission (Commission) is a responsible agency under the California Environmental Quality Act (CEQA) for the Parkside Estates Project (Project) The CEQA lead agency for the Project is the city of Huntington Beach (City) In conjunction with approval of this Project, the Commission adopts this Mitigation Monitoring Program (MMP) for the implementation of mitigation measures for the portion(s) of the Project located on Commission lands The purpose of a MMP is to discuss feasible measures to avoid or substantially reduce the significant environmental ! impacts from a project identified in an Environmental Impact Report(EIR) or a Mitigated Negative Declaration State CEQA Guidelines section 15097, subdivision (a), states in part ' In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation, however, until mitigation measures have been completed the lead agency remains responsible for ensunng that implementation of the mitigation measures occurs in accordance with the program The lead agency has adopted a MMP for the whole of the Project (see Exhibit B, Attachment B-1) and remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with its program The Commission's action and authority as a responsible agency apply only to the mitigation measures listed in Table B-1 below Any mitigation measures adopted by the Commission that differ substantially from those adopted by the lead agency are shown as follows • Additions to,the text of the mitigation measure are underlined, and • Deletions of the text of the mitigation measure are shown as str+kegut or as otherwise noted The State CEQA Guidelines are found at California Code of Regulations, Title 14, section 15000 et seq October 2015 Page B-1 (of 2) Parkside Estates 1 Exhibit B—CSLC Mitigation Monitoring Program Table B-1. Project Impacts and Applicable Mitigation Measures. Difference l etwee- Potential Impact r Mitigation Measure(MM)2 CSLC MMP and Lead, Agency AQ-1 The proposed project is anticipated 'MMs 1 through 6 under Air QualityAssigned numbers to to exceed SCAQMD's daily threshold (refer to Attachment B-1, pages 4 impacts emission levels for NOx during through 6) construction activities Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact AQ-2 The City-approved/CCC-revised MMs 7 and 8 under Air Quality Assigned numbers to project would not exceed SCAQMD's (refer to Attachment B-1, page 7) impacts- daily threshold emission levels for CO and ROC, however mitigation measures 7 &8 would still apply to reduce the alternative project's long-term incremental contribution to the air quality impact. AQ-3 The proposed project, in MMs 1 through 6 under Air Quality 'Assigned numbers to conjunction with other past, present, and (refer to Attachment B-1, pages 4 impacts reasonably foreseeable future projects, through 6) will result in a short-term air quality impact due to construction activities The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact AQ-4 The proposed project, in MMs 7 and 8 under Air Quality Assigned numbers to conjunction with other past, present, and (refer to Attachment B-1, page 7) impacts reasonably foreseeable future projects, will result in significant cumulative long- term impacts to air quality NN=1 The proposed project has the MMs 1 and 2 under Noise(refer to Assigned numbers to potential to result in significant short-term Attachment B-1, pages 7 and 8) impacts noise impacts during exterior and interior construction activities ER-3 Potential impacts may result from 'MMs 1 and 2 under Earth Assigned numbers to ground shaking Resources(refer to Attachment B- impacts 1, page 9) HYD-1. The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts to drainage (refer to Attachment B-1, page 11) impacts _ HYD-2 The proposed project may result MM 1 under Drainage/Hydrology Assigned numbers to in potential impacts associated with (refer to Attachment B-1, page 11) impacts flooding HYD-3 The proposed project may result MM 2 under Drainage/Hydrology Assigned numbers to in potential impacts to water quality (refer to Attachment B-1,_page 11) impacts HYD4 The proposed project would MMs 1 through 3 under Drainage/ Assigned numbers to contribute to potential cumulative drainage, Hydrology(refer to Attachment B-1, impacts flooding, and water quality impacts page 11 and 12) 2 See Attachment B-1 for the full text of each MM taken from the MMP prepared by the CEQA lead agency October 2015 Page B-2 (of 2) Parkside Estates ATTACHMENT B-1 Mitigation Monitoring Program Adopted by the The City of Huntington Beach REVISED MITIGATION MONITORING PROGRAM - IMPLEMENTATION MONITORING VERIFiCATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLEMENtOR PRASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable LAND USE COAIPATIBILITY / Prior to recordaimn of a final tract map, the applicant \r1A N/A N A NiA N,A The affordable units are currently off-site muvt va0vfy the C itv s policy requiring IO percent of within the City, therefore the Mitigation proposed traits to be affordable This requirement muvi be Measure has been satisfied satisfied to the dtscrenon of the Ciry Department of Planning through are ofthe following methods o, Pav a fee io the(fly ifs tech aprocevs n avoiloole h, Participate wuh other developers or a nonprofit ., organiranon to acquire and'or)ehabilrlate existing apailment unas at anv rfsrte location within a sunable area and provide for continued affordability or c Provide the regtured uffordable wets at one of Shea Monies'fiitare multi jmntfy projects within the Ciry of Ifun'ington Beach This mitigation measure has been satisfied The proposed project, in conjunction tvith N/A N/A - N A N/A Ni�V other past present and reasonably foreseeable future projects may result in mconsiSLWeS Mitigation Measure I above has hcen Implemented with the City's Affordable Housing Policy i I ALWITETit'SI Li(;RTAm)GtAnr - I Prior to approval of building permits,the applicant shall Prior to approval Applicant Plan Check City option Planning The City-approved/CCC-revised may be provide proof of incorporation of Cnv comments / ofbuildmg to Department perceived as having a substantial, conditions related to the overall proposed design and permit Implement demonstrable negatne aesthetic effect due to layout of buildings, and landscaping, This design and as needed the reduction of view able open space areas layout of buildings shall be approved by the City Department of Planning 2 Prior to issuance of building permits,the applicant shall Prior to issuance Apphcant Plan Check Once upon Planning submit a landscaping plan for the area outside the ofbuildmg completion Department perimeter'tall along Graham Street to be reviewed and permits approved by the Cit}Department of Planning I REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORIN[. VERIFICILTIONOI COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY I MONITOR S[GNA rUREs DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The City-approved/CCC-revised project would 3 Prior to approval ofbuildmg permits the applicant shall \/A i N/A Nr A V/4 N/A not result in the removal of eucalyptus trees provide a Landscape Plan to be approved by the and therefore mitigation measure 3 would not Department of Public 9orkr and the Denariment of be required Planning which includes the replacement of all mature trees on the site at a 2 1 ratio wuh 36-inch liar it I This measure was not applicable to 2002 approved or revised project No eucalyptus trees will be removed, i The proposed project may result in impacts to 4 Prior to approval of budding permits,the applicant shall Prior o approval Applicant Plan Check Once upon 1 Planning Counry-proposed trait submit a bikeways plan to the City of Huntington Beach ofbuildmg completion Department Plannirg Department,in consultation with the Manager permit of the County PFRD/HBP Program Maragement and Coordination, for approval of consistency with the Orange County Bil.eway Plan LIG[ITAND GLIRE i Prior to the approval of building permits, the applicant Prior to approval Applicant Plan Check Once upon Planning and On-Site shall p-epare a plan,which shows the proposed height, ofbuildmg comoletion Public Works location,and intensity of street lights on-site, The plan permits Department The project's development will increase the shall comply with mrmmLm standards for roadway 1 generation of light and glare on-site with on- lighting and shall be reviewed and approved by the City situ vehicle-related incfna es In addition the Planning and Public Works Departments j proposed project may result in an impact on I the surrounding residential developments 2 Prior to the approval of building permits, if outdoor Prior to approval' Applicant t Plan Check City option primarily to the north and to some extent to lighting is to be included energy saving lamp,shall be ofbuilding to the easr used All outside lighting shall be directed to prevent permits implement %pillage"onto adjacent properties and shall be shown on ae needed the site plan and elevations 3 \on-reflectnc materials shall be utilized to ttie extent Prior to approval Applicant Plan Check Cut}option feasible Individual building site plans shall be reviewed ofbuildmg to and approved by the City Planning and Public Works permits I implement Department as needed Of--Site Lighting from the proposed development may Mitigation Measures 1 through 3 above shall be implemented result in light and glare impacts to adjacent off-site uses 2 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION - MONITORING L VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PeAss IvtPLEwENTOR PHASE FREQOENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable Tk,6sPORTATION/CIRCULATION 1 Prior to die issuance of grading permits the applicant shall Prior to issuance Applicant Grading Perrot CRY option City Engineer-The proposed project will result in short-tens coordinate with the Cit)of Huminb on Beach in developing ofgradmg Review to implement coristriction related impacts due to the addition a tick and constnmebon vehicle routing plan(including dirt as needed I g P ( g pennits of truck and construction vehicle traffic import haul route) Tlus plan shall specify the hours in Depending on the location cf the haul route, which transport activities can occur and methods to 'traffic impacts alo-ig the selected route may mmmum construction related impacts to adjacent occur residences.The final plan shall be approved by the City � Engineer ' The proposed projectmay result n impacts to 2 Prior to the final inspection,the applicant shall construct a During - Applicant Final mspecnon Once upon City Engineer pedestrian,bicycle and vehicular safety related naffic signal and improve Cu,mmrsection at the proposed construction completion to the establishment of access and an on-site "A"Street and Graham Street circulation system i ,3 Prior to Cie i�sudnce of butldmg permits die applicant shall Pnorto issuance Applicant Construction Once upon City Engineer- demonstrate to Cie satisfaction of die City Traffic Engineer of building Renew completion that standards(including ADA)regarding pedestnan/bicycle penruts safety along the perimeter sidewalks will be met I 4 Pnor to the final inspection the applicant shall be During Applicant Final mspecrion On(,e upon I City Engineer responsible for restnping Graham Street from Glmstone to Construction completion the project access('A!Street)as follows • Two 7 foot bikelanes,one 12'through lane in each direction,and a 14'two-wa)left ruining median I i Additionally,the applicant shall be responsible for resmping Graham Street from 'A" street to SN amer Avenue, a> follows Two 7 foot brkelanes,ore 18'through ldne in each direction,and a 14'two-way lefttuming median i The improvements shall be approved by the City Engineer 3 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIBICA'1ION OF Co%IPLIANCC DESCRIPTION OF IMP4,CT MITIGATION MEASURES PHASE IMPLENIENTOR PHASE FREQUENCY MOhtTOR SIGNAL URES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The proposed project in conjunction with other S Prior to final inspection, the applicant shall pay the Prior to issuance Applicant Bmldire permit City option City Engpneer — past,present,and reasonably foreseeable future applicable Traffic Impact Fee (TIF) for the City of ofbuildmg issuance to implement projects will result in level of service Huntington Beach, The actual allocation shall be permits as needed deficiencies at the intersections Bolsa Chica approved by the City Appropriate credit,shall be granted Street and Warner Avenue and Graham Street toward the TIF The rIF shall cover the project s fair and Warnei Avenue under the year 2020 share of year 2020 improvements to the arterial street condition system such as Bolsa Chica StreeUWarner Avenue—reconfigure intersection for eastrwest traffic.to provide dual left turns and eitner three throughs or two throughs and an exc,lusitie tight turn lane This deficiency is a product of cumulative growth and not a direct result of the proposed project • Graham StreetAklamer Avenue — reconfigure intersection to providc an exclusne southbound right Vim lane from Graham Street to Wamei Avenue.This deficierics is a product ofeumulative growth and not a aired result ofthe proposed project AIR QUALITti — 1 During grading and construction the applicant shall Se During grading Applicant `Grading/ City option Planning and The proposed project is anticipated to exceed responsible for compliance with die following and construction Inspection to implement Pubis Works SCAQMD's daily threshold emission levels for as needed Deparmrents NO,during construction activities Further the A During clearing grading, earth moving, or addition of emissions to an air basin designated excavation, maintain qQ-� gn equipment engines in proper as non-attaunnent is considered under CEQA to tune be a significant impact B After clearing grading earth moving or excavation 1) Wet the area down,sufficient enough to form a crust on the surface with repeated soakings, as necessary,to maintain the crust and prevent dust puck up by the wind 2) Spread soil binders and 3) Implement street sweeping as necessary 4 REVISED MITIGATION MONITORING PROGRAM IMPLEMLNTATION MONITORING VERIFIC4TIONOFCOMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED t 2008 CCC- Those measures in"itahcs"have been met or are not REVISED PROJECT applicable C During construction I) Use water tricks or sprinkler systems to keep all areas where vehicles move damp enough to A(]-� present dust raised when leavingthe site, coif d 2) Wet down areas in the late morning and after Mork is completed for the day I I 31 Use low sulfur fiel (05% by weight) for i constriction equlpmeri, D. Phase and schedule constriction activities to avoid high ozone days E Discontinue constriction during second stage smog alerts '2 Dunng grading and construction, the applicant shall be During grading 1 Applicant Grading 1 City option i Planning and responsible for compliance with the following(or other and construction Inspection to Public Works reasonably equivalent measures as required by the City implement Departments Engineer) as needed I A Require a phased schedule for construction activities to I nuns—ze daily emissions B Schedule activities to rrinumze the amount of exposed excavated soil during and after the end of work periods C Treat unattended constructron areas with water (disturbed lands which have been,or are expected to be unused for four or more consecutive days) D Require the planting of vegetative ground cover as soon as possible on const ucbon sitea E Install vehicle wheel-washers before the roadway entrance at construction sites F Wash offtnicks leaving site, G Require all trucks hauling dirt, sand soil, or other loose subst.mces and building materials to be covered, or to maintain a tr minum freeboard of two feet between die top of die load and die top of the truek bed sides H, Use vegetative stabilization, whenever possible to control sod erosion from storm water especially on super pads I Require enl.losures or cheimcal stabilization of open storage piles of sand din or other aggregate materials 5 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION _MONITORING VERIFICATION OF COMPLIANCE- DESCRIPTION OF IMPACT MITIGATION ME kSURES PHASE IMPLEvs ENTOR PHASE FREQLEYCY � MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"rtuftcs"have been met or are not REVISED PROJECT applicable — E � I Control off-road vehicle travel by posting driving - - speed Louts on these roads, consistent with City stardards AQ-1 K, Use electricity from power poles rather than cont'd temporary diesel or gasoline power generators when practical i 3 During grading and construction,the applicant shall be During grading Applicdnt Grading! City option Planning/ responsible for assuring that vehicle movement on any and construction Construction to Public Works unpaved surface other than water trucks shall be I Review implement Departments terminated it wind speeds exceed 15 mph as needed d During grading and construction,the applicant shall he During grading Applicant Grading! City option Planning/ - - responsible for the paving of all access aprons to the and construction Inspection to Public Works project site and the maintenance ofthe paving implement Departments as needed 5 Prior to issuance of grading perrruts the applicant shall be Prior to Issuance Applicant Grading/ Ciry nption Planning, responsible for assuring that construction vehicles be of grading 'Inspection to Public Works equipped with proper emission control equipment to permits implement Departments substanoally reduce emissions, as needed ,6 Prior to issuance of grading permits the applicant shall be Prior to issuance Applicant Grading/ City option P�anrung/ responsible for the incorporation of measures to reduce ofgrading Inspection to Public Works construction related traffic congestion into the project permits implement Departments grading permit Measures, subject to the approval and as needed verification by the Public Works Department,shall include, as appropriate • Provision of rideshare incentives • Provision of transit incentives for construction personnel Configuration of corstnimon parking to inimmize traffic in,erference • Measqres to rmmmize obstnictioi of through traffic lanes • Use of a flagman to guide traffic when deemed necessary i I r 6 REVISED MITIGATION MONITORING PROGRAM [tIFLEMCNTtT1ON MONITORING %FRIbICAI'IONOFCOMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLENIEN roR PHASE FREQuENCv MOWOR SIGNArnRES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The City-approved/CCC-revised project would 7 Prior to the final inspection,the applicant shall provide Prior to wsuance Applicant Building permrt City option P anning and AQ-2 not exceed SCAQMD's daily direshold emission proof to the City's Traffic Engineer that the project has ofbudding issuance to Public Works levels for CO and ROC however rmtigation contributed its fair-share' towards regional traffic permits implement (Departments measures 7&8 would still apply to reduce the improvement systems (t e, traffic impact fees) for the as needed altemative project's long-tern incremental area This shall include efforts to synchronize traffic contribution to the air quality impact, lights on streets impacted by project development i 8 Prior tti die final Inspection the applicant shall provide Prior to plan Applicant Final inspection City option Planning and p-oot that energy saving features have been installed in check to Public Works project homes as required by the Uri form Building Code implement Departments Features may include solar or tow-ermssmn water as needed heaters,energy efficient appliances, double-glass paned wmdows,low-sodmm parking lights etc, Tlie proposed project,vi conjunction with other AQ-g past,preswt,and reasonably foreseeable future projects will result in a short-term air quality impact die to construction achvioes The [,litigation Measures 1 through 6 above shall be implemented addition of emissions to an air basin designated as non-attatmnent is considered under CEQA to be a significant impact pQ_4 The proposed project,in conjunction with other - - - past,present.,and reasonably foreseeable future projects will result in significant cumulative Mitigation Measures 7 and 8 above shall be implemented long-term impacts to air quality No[sE I Prior to issuance of gadmg permits the applicant shall Prior to issuance Applicant Grading Permit City option Planning N-I The proposed project has the potential to result submit and have approved a noise mitigation plan to the of grading Review to Department in significant short-term noise impacts during Department of Planning that will reduce or mitigate short- pennits implement exterior and mtenor construction activities term noise impacts to nearby noise sensitive,The plan as needed shall comply with the City of Funtmgton Beach Noise Ordinance and shall include but not be limited to A A criteria of acceptable noise levels based on type and length of-exposure to construction noise levels B Physical reduction measures such as temporary noise homers that provide separation bemeon the source and the receptor temporary soundproof structures to house portable generators,and C Temporary venerator, if utilized)shall be located as 7 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONI PORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY' MONITOR SIGNATURES DkTE 2002 CiTY-APPROVED 12008 CCC- Those measures in"aahcs"have been met or are not REVISED PROJECT applicable far as practical from sensitive noise receptors D Mitigation measures such as restrictions on the time p of construction for activities resulting in high noise N-1 levels E cont'd 2, Prior to issuarce of grading permits,the applicant shall Prior to issuance Applicant Grading permit City option City Engineer produce evidence acceptable to the City Engineer that of grading Review/ in J permns Cons ructton implement I A all grading and construction vehicles and Review as needed equipment,nixed or mobile,shall be equipped and maintained with effective muffler s)stenis that use state of the art noise attenuation B Stockpiling and/or vehicle staging areas shall be located as far as practicable from sensitive noise receptors C. All operations shall comply %ith the City of Huntington Beach Noise Ordinance Based on the distance of on-site and off-site 3a Prior to msuance ojgrading perrnas the applicant vhalt 'V'A \IA NIA N/4 — homes to the park and the barriers included as produce evidence(spec+ficalionv)acceptable to the Ciry part of die recommended project(i e,,passive that the new walls if aonsiructed along the project s paseo park and slope) the proposed northern property (along the rear property hne of lot recommended project is not anticipated to d103 to lot fl123 )it Kendwurih Drive and the side result in significant noise impacts from E property hnes oftots N 125 and it 126 on C,reenleaj Lane of recreational acne tires at the proposed park site' Traci 5792) wilt be constnrcled to achieve maximum sound attenuation 1 This mrngation measure is no longer applicable to the revised project due to CCC suggested modifications that reduced active park Gom 8 4 acres to 1 6 acres 1 t 31b Prior to Issuance of grading permits,the applicant shall Prior to issuance Applicant Grading Permit City option I'laruung produce evidence(specifications)acceptable to the City ofgradmg Reviews to Department that the new walls of constructed, along Graham Street permus Constriction implement (along the project's boundary adjacent to the proposed Review as needed homes)will be constriction to achieve maximum sound attenuation The proposed project inconjunction with other —- past, present, and reasonably foreseeable future projects will not result in a significant, Mitigation Measure 3 above is no longer applicable to revised incremental increase(0 8 dB L)in traffic noise project. 8 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION NIONI PORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable level,in the vear 2020 Noise levels in excess of 65 CNEL are not anticipated considering the sound reduction effects of the proposed wall alone the northem property tine and along Graham Sireet I EAR PH RESOURCES — I Pnor to the Issuance of a grading permit, the Pnor to issuance Applicant Grading Permit City option City Engineer Significant settlements of peat deposits w,thin recommendations contained in Section 7 0 of the of a grading Review to the upper 5 feet could continue over the design eotech ucal stud located in Appendix E of the EIR PP � e Y� PP permit implement life of the structures without mitigation in the shall be incorporated into the earthwork activities of the as needed form of removal and/or surcharge proposed project to the satisfaction of the City Engineer Earthwork activities include grading, oleanng and demolition, site pieparation unsuitable sod removals backcuts,e%laVahen processing compaction of all fills, moong, benching, inspection survey control, subgrade preparation, cut and fill slope construction,haul roads, import sods, structural load and settlement/subsidence measures and storm drain relocation 2 Pnor to the ssuance of a building-pemut,- the Pnor to issuance Applicant Plan Check City option City Engmeer recommendations contained in Section 8 0 of the of building to geoteclinund study located m Appendix E of the ETR,shall permit implement be incorporated into the structural design of the proposed as needed project to the sahsfachon of the City Engineer Structural design activiti3 include Foundation Design Settlements including Foundation Loads and Setsmically Induced i Settlements Post-Tensioned Slab/ Foundations Mat Foundations,Other Foundation Recommendations such as Footing Embedment,Underslab Treatment,and Subgrade Moisture Content, Concrete Driveways, Sidewalks, and Flatwork, Srucrural Setbacks, Retaining Walls, Other Design ane Construction Recommendations such as Lot Drainage, Utility Excavations Lnhty Trench Backfill Corrosion Metallic Scucnues,and Concrete Structures 9 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERtrIG4TION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The potential exists for significant impacts - -- -from the on-site mildly to severely corrosive Mrnganon Measures 1 and 2 above shall be implemented soils, soils with poor pavement support characteristics low shear strength, and shrmkaee _ Potential impacts may result from ground Mitigation Measures 1 and 2 above,and Prior to issuance Applicant Plan Check City option Budding and shaking ofbutlding to Safety 3 Prior to issuance of a building permit,it shall be proven permit implement Department ER-2 to the Department of Building and Safety that all as needeJ structures are designed in accordance with the seismic, design provisions of the [,uniform Building Codes or Structural Engineers Association of California to promote safely in the event of an earthquake Potential impacts may result associated with Mitigation Measure i above shall be implemented - Liquefaction and Seismic Settlement The proposed local dewatenng may result-in 4 Prior to the Issuance of grading Dermits,the applicant shall Pnor to issuance Applicant Grading Permit Ciry option Public Works - subsidence of adjacent properties along the conrract with a dewatenng expert to prepare a detailed ofgradmg Review to Department p-olect s northern property houndary Dewater-ng Plan This plan shall include the placement of permits implement momtoruig wells near the northern property line to evaluate as needed ground water levels during the proposed project dewatenng activities The dewatenng actlwues shall be adjusted immediately if the monitoring wells show ground water level changes which may effect subsidence of adjacent properties The Dewatering Plan shall be reviewed and approved by the Department of Pubhc Works Groundwater Impacts may occur Mitigation Measme 4 above shall be implemented The potential exists for impacts from 5 Prior to the issuance of a grading permit, Phase II Prior to issuance Applicant Grading Permit Cit)option Public Works hazardous materials to occur environmental soil sampling shall be conducted to of a grading Review to Department determine the residual levels of pesticides in the soil If permit implement mappropnatelumafe levels are identified by this analysis, as needed clean up' measures shall be recommended and implemented,The Phase 11 sampling and any necessary measures shall be approved by the Department of Public Works 10 REVISED MITIGATION MONITORING PROGRAM IMPI,EMEN rATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCN MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable I 6 Prior to the final inspection, testing to verify the During Applicant Final inspection City option Planning — estimated talon gas levels stall be implemented as construction to Department deemed necessar)by the Department of Planning implement as needed DRAINAGE I HYDROLOGY _ The proposed project may result in potential I Prior to the IssuanLe of building permits, the projeu Prior to Issuance Applicant Building Permit City option Public Woks impacts to drainage applicant shall implement conditions of the Public Works ofbudding Review to Department Department regarding storm drainage improvements permits implement HYD-t which shall include,but not be limited to as needed • Construct the necessary storm aramage improvements (identified on Exhibit 42 within the EIR)to handle increased flows and intercept off-ire flows • Ensure that future building pads are placed at elevations suitable to withstand I00-year flood • Construct the necessary improvements to the East Garden Grove—Wintersburg Channel(CM)along the site's developed edge HYD 2 The p oposed project may result in potential Mitigation Measure 1 above shill-be implcmenGd impacts associated with flooding, The proposed project may result in potential 2 Prior to issuance of an) grading permits the applicant Prior to issuance Applicant Grading Penult City option City Engineer impacts to water quell* shall submit a"Notice of Intent' (NOI),along with the of grading Review •o HYD-3 required fee to the State Water Resources Control Board perrtuts implement to be covered under the State NPDES General as needed Construction permit and provide the City with a cop)of the written reply containing the discharger's identification number 3 Prior to the issuance of the grading permits the applicant Prior to issuance Applicant Grading Penmt City option -Cty Eng meer shall provide a Water Quality Management Plan showing of grading Review to Lonfonnam.e to the Orange Count* Drainage Area permits implement Management Plan and all NPDES requirements(em,led aS needed by the EPA) for review and approval by the City Engineer The plan shall reduce the discharge of pollutants to the maximum extent practical rising management practices control techmques and systems, design and engineering methods, anJ such other provisions which are approprate l 11 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORINC VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGkTION MEASURES PHASE IVIPLEMEN-rOR PRASE FREQUENCY MONITOR SIGNATLRES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable HYD- The proposed project would contribute to cont'd potential cumulative drainage flooding, and Mitigation Measures 1 through 3 above shall be implemented water quahty impacts BIOLOGICAL RESOURCES -- --- - — I, If project grading construction is scheduled during the Pnor to — Applicant Grading Permit City option Planning The proposed project may result in impacts to normal breeding season for red-tailed hawk and other issuance of Review to Department affected species locally and regionally raptors locally {February to July), a survey shall be grading permits implement conducted fo- active nests Prior to the issuance of as needed grading permits, should any active nests be located within the zone of potential disturbance, construction activities shall be limited to areas 500 feet aw ay from the nest until the young have fledged and have begLn foraging away from the nest site The 500 foot protection zone shall be fenced with risible wanurg-color materials Nest trees shall be removed during the non- breeding season only 2 Welland impacts to the isolated pocket wetlands shall be NIA N/A N/A N/�. N A The"originally"proposed project may result mitigated at a ratio of4 f(squarry foo Inge ofwellands to in potential impacts to pocket wetland habitats squarepolage offll) The Coastal Development Permit on the County parcel shall require that mitigation for the fill of the packet wetlands he implemented prior to the issuance of a The Cirv-approved/CCC-revised would not grading permll for the Covuv Parcel The mitigation result in ienioval impacts to the County pdreel site shrill he on-sue or within the Balsa Chico Lowlands wetland habitats and therefore mitigation unless the Lowlands are sold to a new landowner and measure2 would not be required the new landowner is unwilling to allow the proposed mitigation to proceed In such a case the developer at the site shall find an alternriure mitigation site The total miagatlon for the loss of twn small patches ofdegraded pakletteed habitat shall include the preservation and enhancement of 2 acres of appropriate wildlife habitat per the Department ofFish and Game This mitigation measure was not applicable to 2002 approved or revised project, T-ere will be no development within the County parcel 12 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING __ VERIFICATION OF COYIPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 Cl fY-APPROVED 12008 CCC- Those measures in"italics"have been met or are not REVISED PROJECT applicable The project, inconjunction with other pant, - present and reasonably foreseeable future Mitigation Measure 2 above is no longer applicable projects, %ili incrementally contribute to the cumulative loss of bioloLical resources CULTURAL RESOURCES - - - I Prior to issuance of a grading permit,the applicant shall Prior toissuauce Applicean Grading Permit Cityopuon Planning The proposed project may result in a sigmncant conduce a subsurface test investigation for C4-OR4-1308 of grad-rig Review to intplemtntt Director impact on archaeological sites CA-0RA-1305 and 1309 to determine the horizontal boundaries ofthe sites Pertnit as needed and 1319 as %ell as to conium tie surface conclus,ons of non- significance as indica ed in the March 1997 Archeological Assessment This may he accomplished mrougli the mechanical excavation of a number of auger holes an well as nvo 1x1-meter hand excavated units for stratigraphic contro, The subsurface test investigation which includes discussion of significance (depth nature condition and extent of resources),final rrutigation recommendations,and const estimate,shall be submitted to the Planning Director for review and approval Prior to issuance of a grading permit the applicant shall Pnor to issuance Applicant Grading Permit City option Planning create ff deemed recesnary through Measure 1 above)a ofgrading Review to Director cultural resource management plan baser on test results A penult implement full data recovery program shall be designed if site 1 as needed MOIdam a is not feasible through design Possible recovery plans include but are not linuted to,preservation,salvage, partial salvage,or no mingabou necessary fhe plan shall include consultation w th the appropriate"dative 4mencan Organization and be reviewed and app-oved by the Planning Director Addbtionally,the plan shall require peer review in conformance with the Coastal Coinnussion's Archeological Guidelines 3 ?nor to ssuance of a grading permmt the applicant shall Prior to issuance Applicant Grading Permit City onion Planning provide written evidence that a certified archaeologist has ofgradmg Review to Director been retained,shall be present at the pre-Egadmg meeting/ Perimt implement conference shall establish procedures for archaeological as needed resource surveillance and shall establish in cooperation with the project proponent procedures for temporarily halting or redirecting work to permit the sampimg identificabon and evaluation of the artifacts as appropriate 13 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING - %ERIFICATiONOi"COUPCIANCE DESCRIPTION OF IMPA.CT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUEVCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"itnGes"have been met or are not j REVISED PROJECT applicable i PP I The archeological resource surveillance procedures shall include a provision for Native American review of grading operations If additional or unexpected archaeological features are discovered the arLheologrst shall report such findings to Lie applicant and to the Department of Planning and die appropriate\auve American Organization, If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions in cooperation with the applicant, for exploration and/or salvage These actions ab well as final tumganon and disposition of the resources shall be subject to the approval of the Planning Director, I 'nit proposed pmject,of eonjunci on with other - - - past,present and rnasanabl) foreseeable future projects will incrementally contribute to the Mitigation Measures 1 through 3 above shall be implemented cumulative loss of potentialty significant cultural resources PLBLIC SERVICES AND(UTILITIES —- - - -- i Implementation of the above measures will i anor to approval of bmlomg permits,building plans shall Pnor to approval Applicant Plan Check City option Fire tntigate all project-speci flu Impacts to publlu be submitted to and approved by the Fire Department If of building to Department services and utilities to a level less than during the Fire Departments plan check it becomes permits implement significant, evident that fireground operations will become impeded as needed the department will impose additional fire code requirements in addition to the automatic apnnkler sy stems alarm systenn,access roads,etc 2 71nor to issuance of building permit, the Police Prior to issuance Applicant Plan Check City opton Police Department shall be consulted during preliminary stages of building to Department of the protect design to review the safety features, permits implement determine their adequacy and suggest improvements as needed 3 During construction and at complete burldout,the project During�- Applicant Construction Once upon Police shall provide easy access into and within the project site construction and completion Department for emergent vehicles and addresses shall be well at complete marked to facilita*e response by officers Prior to the first buildout and final inspection project site plans depicting these during plan requirements shall be reviewed and approved by the check 'once Department i 14 REVISED MITIGATION MONITORING PROGRAM __ 1 iNIPLEIViCNIATION MONITORING VFRIFI( tiTIO\OF COMPLIANCE DESCRIPTION OFIMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DArE 2002 CITY-APPROVED/2008 CCC- Those measures in"Italics"have been met or are not REVISED PROJECT applicable Schools 4 Prior to issuance of building permits,the applicant shall Prior to issuance Applicant Plan Check Once upon Planning provide school fees to mitigate conditions of ofbuildmg completion Department overcrowding as part of building permit application permits These fees shall be based on the State fee schedule in effect at the time ofbuildiny,permit applications _ S Prior to issuance of building permits,the applicant shall Pnor to issuance Applicant Plan Check Once upon Planning show proof of compliance with the Mitigation Agreemen ofbuildmg completion Department established between the Huntington Beach Union High permits School Disrrtct, subject to the approval of the City of Huntington Beach i - 6 Prior to issuance of grading permits,the det eloper shall Prior to issuance Applicant Grdding Permit City option Public Works submit a hydraulic computer water model analysis for the ofgradmg Review to Department development proposed on the City parcel which pormits implement addresses the following as needed a Water demand rewired by project I (ire flow demand as determined by the Fire I Department) b Master PlaniGeneral Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(I e H2ONET)must be run with the proposed land use demands(i e GPA),and contrasted with the model run using the existing land use demands,(it the General Plan,in effect at the time the Water Master Plan was adopted) The City of Huntington Beach Water Division must be contracted to perform this analysis on the existing City of Huntington Beach Water System Model (H2O\'ET) for a fee to be paid by the developer a minimum of 30 days in advance It the analysis shows that protect demands cannot be met with the City's current water system the developer shall be requi ed to upgrade the City's system to meet the demands and/or otherwise mitigate the impacts of the protect at no cost to the City 7 Prior to final inspection,the following water conservation Plan Check Applicant Final Inspection Once upon Public Works measures shall be implemented as required by state law completion Department a Ultra-low-flush toilets 15 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONI I ORING VERIFICA rION Ol COMPLIANCE DESCRIPTION OR IMP4CT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DOTE 2002 CITY-APPROVED/2008 CCC- Those measures in"dopes"have been met or are not REVISED PROJECT t applicable. b Ultra-low-flow showers and faucets _ c Insulation of hot cater Imes in water recarculdting systems d Compliance with water conservation provisions of the appropriate plumbing code 8 Prior to final inspection issuance water pressure Plan Check Applicant Final inspection Once upon Public Works — -' ieguldtors to Kant downstream pressure to a maximum of completion Department 60 psi shall be installed 9 Prior to issuance of building permits, pervious paving Prior to issuance Applicant Plan Check Once upon Public Works material shall be used whenever feasible to reduce surface of building completion Department water runoff and aid in groundwater recharge and slopes permit and grades shall be controlled to discourage water waste through nmoff 10 Prior to final inspection the applicant shall provide CC&R review Applicant Prior to final Once upon Public Works information to prospective residents regarding benefits of map recordation completion Department low water use landscaping and suurces of additional assistance in selecting irrigation and landscaping i l The Water Div sion and Park, Tree, and Landscape During design Applicant Plan Check/ City option Public Works Division of the City's Public Works Department shall be and construction Construction to Department consulted during design and construction of the Park for implement fiirther water conservation measures to review irrigation as needed designs and drought tolerant plant use, as well as i measures that may be incorporated into the project to i reduce peak hour water demand 12 Prior to issuance of gracing permits,the developer shall Pnor to issuance Applicant Giading Permit Ciry optlou Public Works submit a hydraulic computer water model analysis for the of grading Review to Dcpartrgent portion of the project to be developed on the Cotmry permit implement piucel,which addresses me followmg as needed a Water demand required by protect (fire flow demand as determined by the Fire Department) b Master Plan/General Plan Amendment(GPA)review The City of Huntington Beach Water(Master Plan) System Computer Model(i e H2ONET)must be rim with the proposed land use demands(i e GP A),and contrasted with the model ran using the existing land use demands (i a the General Plan in effect at the 16 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED!2008 CCC- Those measures to"italics"have been met or are not REVISED PROJECT applicable time the current Water Master Plan was adopted) I The City of Hunt ngtor Beach Water Division must be contracted to perform this analysts on the existing City of Huntington Beach Water System Model (1120NET),for a fee to be paid by the developer a minimum of 30 days in advance The developer shall be required to upgrade the City s system to meet the demands and/or otherwise mitigate the impacts of the proleLt proposed development on the County parcel, at no cost to the Cit} Any incremental impacts to the City's water system wouto need to be mitigated to the satisfaction of the Department of Public Works-Water Division The annexation of the County parcel into the 13. Prior to the Iss-ivance of building permits for any lot h,'A MA NIA N/A \,'A City of Huntington Beach and to the OCSD within the parcel within the County of Orange the occurred subsequent to certification of the applicant shall show proof from 1-41 CO of approval at I Final E1R Thus, the requirements of annexation of the County parcel into the Ciq, of Mitigation Measure 13 have been satisfied, Huntington Heacn and the Orange County Sanuarran and there is no Lhange in the conclusion of the Dtsirlci sabjcci to the approiol of the City Planning and Final E1R that this impact is reduced to below Public Works Departmenii a level of significance with Implementation of i rmtigatior This Mitigation Measure has been satisfied i 14, imgation systems within the Park which minimize water Prior to issuance Applicant Plan Check City option Planning& - waste shall be used to the greatest extent possible Such ofbuilding to Public Works measures should involve, where appropriate, the 'permits Implement Departments following feahues as needed a Raised planters and benning in conjunction with closely spared low volume, low angle (22 V, degree)spnnkler heads b Drip irrigation c Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses d The use of reclaimed water for Imgated areas and grass lands The project appheants shall connect to the Orange County Water Distract s"Green Acres" system of reclaimed water should this supply of y water be available Separate irrigation services Shall be installed to ease this transition 15 Landscape and irrigation plaps for the Park whiLh Pnorto issuance Applicant I Plan Check Once upon Public Works i 17 REVISED MITIGATION MONITORING PROGRAM — s IMPLEMENTATION - MONITORING_ VhRIFICATIONOFCOAIPLIA%CE DESCRIPTION OF IMPACT MITIGATION MEASURES PHASE IMPLEMENTOR PHASE FRLQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED 12008 CCC- Those measures in"uahcs"have been met or are not REVISED PROJECT applicable encourage mirimtized use of lawns and utilize want I of buildm g completion Department season drought tolerant specter shall be submitted to and permits approved by the Wa'er D+vision and Park, Tree, and Landscape Division Sewer 16 Prior to the Issuance of building permits, the property Prior to Issuance Applicant Plan Check Once upon Public Works owner(Shea Homes)shall construct the new sewer lift ofbuildmg completion Department station and force main in accordance with the City- IParrruts approved Sewer Plan for the proposed project and I implement conditions of the Public Works Department regarding sever infrastructure improvements to handle increased server flow demands Vatural Gas -— 17 Prior to issuance of building permits, the Southern Prior to issuance Applicant Plan Check Once upon Public Works California Gas Couipan} or designated natural gas ofbuildmg completion Department provider shall be consulted with during the building pemits design phase for further energy conservation measure, Electncity IS Prior to issuance of building permits, SCE stall be Prior to issuance Applicant Plan Check Once upon Public Work, consulted with during the building design phase for ofbuildmg completion Department farther energy conservation measures permits i The proposed project will create increased Mingauon Measures I through 18 above shall be demand for public services and utilities on a implemented local and regional basis Additionally, the project in conjunction with other past present and reasonabl) fo-eseeable future protects, will create an increased demand on fire, police schools, community services, water, sewer,natural gas and electncal services and facilities 18 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION— MONITORING VERIFICATION OF COMPLIANCE DESCRIPTION OF IMPACT MITIGATION MEASURES PURSE i6IPLEMENTOR PRASE FREQUENCY MONITOR SIGNATURES DATE 2002 CITY-APPROVED/2008 CCC- Those measures in"[takes"have been met or are not REVISED PROJECT applicable FROM INITIAL STUDY/NOP NATURAL RRsoLRCES/ENERGY__ - — - — -' — I Building design and construction shall comply wnh the Prior to approval Applicant Plan Check Once upon Director of The proposed project may result in impacts io Energv Conservation Standards set forth in Tide 24 of the of building 'completion Building and natural resources and energy California Administrative Code Prior to approval of permits Safety building permits for the Specific Plan,architectural and engineering plans shall be subject to the review and approval of the Director of Building and Safety to ensure conformance with these standards Energy conservation features should include • Installation of thermal insulation in walls and ceilings which meet or exceed Slate of California Title 24 requirements • insulation of hot water pipes and duct systems Use of natural ventilation where possible • Use of natural gas for space heating acid cooking Installation of ventilation devices + Orientation to sunlight and use of overhdngs • Landscaping with deciduous trees to provide shade in the summer months and allow sunlight through in the winter months, Public Services and Utilities Telephone Prior to issuance Applicant Plan Check Once upon Public Works The proposed project may result in impacts ofbuilding 'completion Department regarding the need Tor new telephone service 1 Prior to issuance of budding permits,building plans shall permits to the site be submitted to GTE enabling GTE to assess the improvements necessary to provide adequate service to the project site The proposed project may result in impacts to Libra Prior to issuance Applicant Buildmg Permit Once upon Planning library facilities and services ofbuddmg issuance completion Department 1 The applicant shall provide development fees to mitigate permits conditions of increased demand as part of building permit application These fees shall be based on the City fee schedule in effect at the time of future building permit applications 19 REVISED MITIGATION MONITORING PROGRAM IMPLEMENTATION - MONITORING — VERIFICATION OFCOSIPLIkNCFr DESCRIPTION OF IMPACT MITIGATION MEASURES PRASE IMPLEMENTOR PRASE FREQOENCY MONITOR SIGNATURES J7 2002 CITY-APPROVED/2008 CCC- Those measures in"ualtcs"have been met or are not REVISED PROJECT applicable FROM INITIAL STUDY/NOP _ Solid Waste Disposal Pnor to issuance kpplicant Plan Check Once upon Planning The proposed project may result in impacts to ofbuildmg completion Director solid waste disposal scrvices and facilities I To reduce the proposed project's impacts on waste permits disposal facilities,project designs shall develop a means of reducing the amount of waste generated both during construction and when the project is in use The waste reduction program shall be approved by the Planning Director prior to issuance of building permits Potential ways of reducing project waste loads mcludo implementation of recycling programs and use of low maintenance landscaping when possible (i a native vegetation instead ofturf) 2 Rainbow Disposal shall be contacted during the design Prior to issuance Applicant Plan Check Once upon Planning stage of project components to ensure the most efficient of budding completion Department and economical means for nibbish removal The designs permits shall include rubbish enclosures,projected travel areas, and turnabouts where necessary I 20