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HomeMy WebLinkAboutFINAL TRACT MAP 16682 - SEA BREEZE VILLAS LOCATED AT 16811 R X (� RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to lit iro ?d s�r.s� City Clerk's Office after signing/dating - ' l-I-lr3-D6 (Date) L,:* , q CITY OF HUNTINGTON BEACH U07U INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for Lz)A L__L;_L, (Company Name) Faithful Performance Bond No. �, z// P( Labor and Material Bond No. 6 6 ZZI Z 22 3 Monument Bond No. Maintenance Bond No. Re: Tract No. /4���42 f� CC No. MSC No. r Approved / Agenda Item No. ( ounc`il AFlpro al Date) City Clerk Vault No. /d-/ , d6 #27 g:/followup/bondletter doc Council/Agency Meeting Held: Deferred/Continued to: � °< „i* °l. Ap roved U Conditionally Approved Den ed City I k s natur Council Meeting Date: 12/4/2006 Department ID Number: PL 06-26 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C,0UNCIL MEMBERS SUBMITTED BY: PE LOP BRETH-GRAFT, C ty Administrator PREPARED BY: SCOTT HESS, Acting Director of Planni 291 � SUBJECT: APPROVE FINAL TRACT MAP NO. 16682 OF TENTATIVE TRACT MAP NO. 16682(SEA BREEZE VILLAS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16682, located at 16811 Roosevelt Lane (west side of Roosevelt Lane, north of Warner Ave., south of Pearce Drive) is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16682 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)." 2. "Approve the Subdivision Agreement between the City and 7-9-11 Downtown LLC., and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6). Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16682 and reject the offer of dedication, improvements and bonds." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/412006 DEPARTMENT ID NUMBER: PL 06-26 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Bonanni Development 5622 Research Drive Huntington Beach, CA 92649 ENGINEER: DMS Consultants 12377 Lewis Street, Ste. 101 Garden Grove CA 92840 LOCATION: 16811 Roosevelt Lane (west side of Roosevelt Lane, north of Warner Ave., south of Pearce Drive) ZONE: RM (Residential Medium Density) GENERAL PLAN: RM-15 (Residential Medium-Density �- 15 units per acre maximum - Specific Plan) NO. OF ACRES: 1.01 acres/43,995.6 sq. ft. NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: - 13 (attached town home units) DATE OF COMPLETE APPLICATION: November 16, 2006 MANDATORY PROCESSING DATE: December 18, 2006 DISCUSSION: On June 20, 2005, the City Council approved Tentative Tract Map No. 16682 in conjunction with Conditional Use Permit No. 04-16 for the construction of 13, three-story townhome units. Tentative Tract Map No. 16682 is a 1.01-acre one-lot subdivision for condominium purposes. The subdivider has satisfied the park and recreation requirement for this project by paying $505,180 in park and recreation fees. The 10% affordable housing requirement for this project will be satisfied by assigning two units within an existing off-site' multi-family development located at 7912 Newman Street (south side of Newman Street, west of Beach Blvd.). The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the City Council on June 20, 2005. -2- 11/17/2006 9:53 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1214/2006 DEPARTMENT ID NUMBER: PL 06-26 Environmental Status: This action to accept Final Tract Map No. 16682 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachmentfs : City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 16682 with site plan 4 Tentative Tract Map No. 16682 Findings and Conditions of Approval 5 Final Tract Map No. 16682 6 Subdivision Agreement T Bonds Monument, Labor and Materials, Faithful Performance -3- 11/17/2006 9:53 AM ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findines for Acceptance of Final Mau: 1. Final Tract Map No. 16682 is in conformance with the California Subdivision Map Act,the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16682 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. 661118993 (Attachment No. 7). b. Labor and Material Bond No. 661118993 (Attachment No.7). c. Monument Bond No. 661119091 (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT #2 i ""MENmoo MENNEN No \\\ NINONINN � u VICINITY MAP Final Tract ass » ', �� � `i � ��" �:__ 41`€N� {{�� E���k��� �P � ■ G s n/ H 3 n+ � l A No. 16682 Sea Breeze ATTACHMENT #3 city_fit muntingion beach 1 JUN 0 2 200 TENTATIVE TRACT NO. 16682 TEVISI°Ns DATE NO 11 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA mw< °^ xrAvo BEING A SUBDIVISION OF THE SOUTHERLY 712 FEET OF THE NORTHERLY 396 FEET OF LOT 2 IN BLOCK 5 OF TRACT NO.65, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 10,PAGES I ( r I 35 AND 36 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,EXCEPT THE SOUTH 66 FEET, ALSO EXCEPT THE EASTERLY 166 FEET. w FOR CONDOMINIUM PURPOSES J 1 OWNER: �.. RR(FRIMT) ROOSEVELT HUNTN07DK LLC zpC RR '^s RSS E SANTA CLARA MEET./21D (P��) i •� r=„«o P�itD e c oos �N°'o o�E P°Caor.wTI 1 NORTH SECTION A-A ARFA OF 1DT: 41,iN S0 R.DR6 ADZE SECTION.B-B AN No.1411-M-W SCALE 11'=10' U o xr.: PREPARED BM SERTRAAi M9DSN: DtANtt 4RF11 PPE$ID 5lukl YAM i HANK JONG.PE E0L ASSOCIATES M g 11823 FE SPRING CA 908701B WWAAS- �tt SDFAM�IX-47T Of NMIINGIIRI BFII]I r 2I PAN 662-94S-Oeb9 f1EC1PoCN150Ui1ECNIF0Po1AE0NM 1 FAX 362-RIS-N64 ipFplplE_NRQ011 � RRE-DTT a"n,,oICR!E,01 O N8978Y7'E uer D VID R PERFORMED BY 9ERli- OF HJNIRNTON BE1D1 18.00' H 3 E ameAwmioe,s Amy n / _ .�I nmmae 410 ZL m:x AAnm veNr mow}—LuaAE Neal ® Z 1 pT YI � a vas alm AY A Nmm Awl I _ VICINITY MAP tO ..ram s /(' ma�-J ..: ___..lgberodw lR v Nmnv.vo TL Be]-a7Lu p cAa Lu L mnmc mortes rc�xglan[ r�u[ Am[par� yr � �O W ROOSEVELT LANE a i SECTION GC Kr:— °n—:'... , ra"�s-..a 'c< i °S _aaAm O d mJ011W Sf�VM Q �p r a S89 36'14"W 331:79' N� Q " n 'N I mm ' LZ 1- ,( OPEN Z�� IARA f I B ( B LLI N i► 13PACE UNIT 4 -�� UNIT 7Q 11 � UNIT 10 _ I I 1 GARAGE UNIT 13 r GARAGEE FF 2790 GARAGE >. �s- t FF 27.70 - FF 2760 FF O0 FF 27.80 PAD 2Z40 FF 2750 I� � PAD 2Z20 FF 27.30 PAD 2Z309°'m PAS 270�O OPEN 1 L- POPEN A 1+ SPACE S 1 L__ I OPEN I ,o SPACE UNIT 3 _a - 111 UNIT 6 UNIT 9 �-.- GARAGE F 28.0 PAC GARAGE 1 GARAGE GARAGE F f N FF 27.70 OP N FF 27.90 a, FF 28.00 1 FF 2Z30 - FF 2740 FF 2780 € FF 2Z50 -t' -- FF 27.60 I PAD 27.50 1 €^ PAD 2Z20 Z -T-I PAD 2730 �FOMO PAD 2740 I T1 I � Cyl I I hl umx MJ I10 �N8 787Y I q °D� OPEN -� r- OPEN ( OPEN �,y� —� ( OPEN 01 ?ate'I L. 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Scale 71 pI I I f I 1 ( / / / r / / / / / / / / / / / / v / / / / i / ✓ / / / / i / / / ✓ / / i / / / / / / / / / / i7 Drown SL ♦ AA«. axx x�,,. I y L r / i Job 03--m-006 Shed 1 OF 1 ATTACHMENT #4 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 16682/ CONDITIONAL USE PERMIT NO04-16 FINDINGS FOR PROJECTS EXEMPT FROM CEQA The City Council finds that the project will not have any significant effect on the environment and is ex- empt from the provisions of the California Environmental Quality Act(CEQA) pursuant to section 15332 in-fill Development Projects of the CEQA Guidelines, which states that projects meeting the conditions described below, are exempt: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres sub- stantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality,or water quality. (e) The site can be adequately served by all required utilities and public services. FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 16682: 1. Tentative Tract Map No. 16682 to subdivide a 41,054 square foot parcel into one (1) lot for condo- minium purposes (13 units) is consistent with the General Plan Land Use Element designation of RM-15 (Residential Medium Density) on the subject property and applicable provisions of the zoning code. The RM designation provides for residential development at a maximum density of 15 units per acre..The project proposes residential development at a density of 13.76 units per acre." In addi- tion the project complies with all applicable development standards of the Huntington Beach Zoning and Subdivision Ordinance, including minimum lot size and width, minimum on-site parking, land- scaping, setbacks and open space, and maximum building heights. 2. The site is physically suitable for the type and density of development. The project site is regular in shape, has no unique topographical or other constraints to development and can accommodate the proposed development in accordance with all applicable codes and development standards. 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 habi- tat. The project consists of residential development on a previously developed lot in an urbanized area. The project site does not serve as habitat for fish or wildlife, is not identified as a hazardous waste site and contains no known environmental hazards. The project will comply with all Code re- quirements applicable to the subject site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or uSe of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. No easements acquired by the public at large exist within the proposed subdivision and all necessary easements will be provided pursuant to conditions of approval. (05sr05) Attachment No.1_I FINDINGS FOR APPROVAL -CONDITIONAL USEPERMIT NO. 04-16: 1, Conditional Use Permit No. 04-16 to permit (a) construction of 13 three-story condominium dwelling units with attached garages on a 41,054 square foot lot within the RM (Residential Medium Density) Zone; and (b) patio fencing exceeding 42 inches in height (43 inches) within the required front yard setback, 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 City and County water, sewer and storm drain systems can adequately service the proposed development without sig- nificantly impacting the overall service or system. The project will not have a significant adverse im- pact on traffic volumes, school enrollments or recreational resources. Adequate on-site parking is provided(in conformance with code requirements) and no significant noise, air pollution or other im- pacts will be generated on-site. The project will provide 11 market-rate units and two affordable hous- ing units, thus serving to maintain a proper balance of housing opportunities in the City. The proposed project features quality architectural design, site layout and building materials that will ensure no det- rimental impact to the value of property and improvements in the neighborhood. The proposed 43- inch tall patio fencing will have no detrimental impacts since the one-inch increase in height over the basic requirement is minimal, the fencing will extend across less than 35 percent of the lot width and the top 12-inches(approximately)of the fence is designed as view fencing. 2. The conditional use permit will be compatible with surrounding uses because the proposed multi- family residential use will be established on a site designated by the Zoning Map and General Plan Land Use Map for the type and density of development proposed. In addition, the project design is consistent with and complementary to existing multi-family and single-family residential uses in the vi- cinity, including the project site grade elevation, building scale, architecture, massing, building colors and materials. 3. The proposed 13 unit condominium 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 Ordi- nance, including maximum density and building height; and minimum building setbacks, landscaping, open space and on-site parking requirements. The HBZSO authorizes fences exceeding 42 inches in height with approval of a conditional use permit. 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 RM-15 (Residential Medium Density- 15 unitslacre)on the subject property. in addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU 9:* Achieve the development of a range of housing units that provides for the diverse eco- nomic, physical, and social needs of existing and future residents of Huntington Beach. Obiective LU 9.5: Provide for the development of housing for senior citizens, the physically and men- tally challenged, and very low, low and moderate-income families. Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and /or common areas: c. Site and design.parking areas and facilities that are integrated with but do not dominate the archi- tectural character of the structure. (05sr05) Attachment No. 1.2 The proposed project is consistent with the goal to achieve development of a diverse range of hous ing types by providing for the development of 13 housing units consistent with the design and density standard established for the corresponding zoning designation. Moreover, the project provides for a mixture of two and three bedroom dwelling units, and unit sizes ranging between 1,465 sq. ft. and 1,848 square-feet. in addition, two units would be designated as affordable housing. The project is designed as a townhouse-style development whereby each unit has well defined, ground-floor entries, as well as distinct massing elements and other design features which serve to define the individual units within each building. .Moreover, variations in the facades and rooflines of each of the four buildings are incorporated while maintaining consistency with the overall design theme. The project also includes an interior landscaped courtyard as well as a separate common area amenity (spa). All 13 units are designed with the garages at the rear of the dwellings, thus minimizing the impact of the parking areas on the architectural character of the building. Open park- ing spaces are separated in groupings of three and four parking stalls with adjacent landscape plant- ers such the parking area does not appear as a singular dominant feature of the site. Policy LU 9.2.1: require that all new residential development within existing neighborhoods be compatible with existing structures, including the use of building heights, grade elevations, orienta- tion, and bulk that are compatible with the surrounding development. The project provides for a multitude of rooflines, building offsets, massing elements and upper story setbacks that serve to maintain compatibility with surrounding single and multi-family residential de- velopment. All four units'proposed along the street frontage are oriented toward the street, consis- tent with existing single-family development located directly east of the site, across Roosevelt Lane. Upper story setbacks incorporated into the design provide for an appropriate transition between the two-story single-family dwellings (30 ft. height limit) existing to the west and the proposed dwellings. B. Housing Element Objective HE 1.1.5: Encourage compatible design to minimize the impact of intensified reuse of residential land on existing residential development. Objective HE 5.1.3: Encourage the provision of adequate numbers of housing units to meet the needs of families of all sizes.. The project incorporates several design features that serve to maintain compatibility with existing residential development surrounding the project site. In addition, the project proposes development at a density that is practical for the site and just under the maximum density allowed, thus providing adequate numbers of housing units, in accordance with the General Plan Land Use Plan and Hous- ing Element policies. (05srO5) Attachment No. 1.3 CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16662: 1. The tentative map tract map received and dated December 16, 2004 shall be the conditionally ap- proved layout with the following modifications: a. A 26-foot wide public street easement dedication shall be required and depicted westerly from the existing centerline along the entire Roosevelt lane frontage terminating at the southerly end with a 46-foot radius arc dedication for public street right-of-way purposes. -b. A 2-foot wide public utility easement (PUE) dedication shall be required and depicted along the westerly side of Roosevelt Lane. c. A 20-foot half roadway width westerly of the existing centerline and full parkway width (6-foot) sidewalk shall be required and depicted along the Roosevelt lane frontage. d. The right-of-way dine along the Roosevelt Lane frontage of the adjacent property to the north shall. be correctly depicted. e. The applicant shall establish a homeowner's association for the project. f. State mandated school impact fees shall be paid to all applicable school districts. g. The final map shalt be revised for consistency with the site plan received and dated June 1, 2005. _ -CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 04-16: 1. The site plan, floor plans, and elevations received and dated June 1, 2005, shall be the conceptually approved design with the following modifications: a. The height of patio fencing proposed within the front yard setback shall be 43 inches. Any re- quest to increase the height shall be subject to approval of an entitlement plan amendment. No fencing or walls other that that depicted on the approved plans shall be permitted within the re- quired front yard setback. b. The site plans shall be revised to depict a new six-foot tall block a long the north property line, consistent with the tentative tract map. c. The required private patios for all units shall be enclosed with plaster finish walls (as depicted by the detail drawing on Sheet A-4.7 of the conceptually approved plans) in lieu of hedges. 2. Two affordable housing units shall be provided. The affordable units shall be median income on-site or one low-income and one very low-income off-site. 3. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are pro- posed as a result of the plan check process. ` Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 4. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. (05sr05) Attachment No.1 A INt?I�MWIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns,shaft defend, indemnify and hold harm- less the City of Huntington Beach and its agents, officers, and employees from any claim, action or pro- ceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or em- ployees, to attack, set aside, void or annul any approval of the City, including but not limited to any ap- proval granted by the City Council, Planning Commission, or Design Review Board concerning this pro- ject. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. i r (05srO5) Attachment No.1.5 ATTAC H M E N T #5)L SHEET 1 OF 3 SHEETS ACCEPT TIES FILED AT THE BEING ALL OF TENTATIVE TRACT NO.16682 1 NUMBERED LOT ACREAGE GROSS: 1.01 ACRES TRACT ■ � DATE ACREAGE NET. 0.94 ACRES DATE OF SURVEY.AUGUST 28.2003 1IME aRx$ N41RUMffiNT y BOOK aACS IN THE CITY OF HUNTINGTON BEACH TOM DALY ..COUNTY—CLERK RECORDER COUNTY OF ORANGE, STATE OF CALIFORNIA BY— BEING _. A SUBDIVISION OF A-PORTION OF OF LOT 2 IN BLOCK 5 OF ..DEPUTY TRACT 86, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ROSELL SURVEYING & MAPPING ltr- DAVID T. ROSELL PLS 6281 FOR CONDOMINIUM PURPOSES OWNER'S CERTIFICATE SURVEYOR'S STATEMENT THI5 MAP WAS PREPARED.BY ME OR UNDER.MY DIRECTION AND IS BASED UPON WE THE.UNDERSIGNED,BEING ALL PARTIES HAYING ANY RECORD TITLE INTEREST A FTElO.SURVEY IN CONFORMANCE.WITH THE REQUIREMENTS OF THE SUBDIVISION IN THE LAND COVERED BY THIS MAP,.00 HEREBY CONSENT TO THE PREPARATION MAP ACT AND LOCAL'ORDINANCE AT THE REQUEST OF ROOSEVELT HUNTINGTON, AND RECORDATION OF SAID MAP,AS SHOWN NTH THE DISTINCTIVE BORDER LINE. LLC ON AUGUST 28,2OD3.1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE WE HEREBY DEDICATE TOME PUBLIC FCR STREET AND UTRITY PURPOSES: IN SUCH POSITIONS; AND SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE ROOSEVELT.LANE AS-SHOWN YBTHBi 114E DISTINCTIVE.BORDER LNE. SURVEY TO BE:RETRACED.I HEREBY STATE THAT THIS.FINAL MAP SUBSTANTIALLY CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BESET WE ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: CONFORMS TO THE CONDITIONALLY.APPROVED TENTATIVE MAP. 1.ACCESS RXaITS IN,OVER,ACROSS,UPON AND THROUGH THE PRIVATE N DRIVEWAY AND FIRE LANE WITHIN RAID TRACT FOR POLICE AND FIRE DEPARTMENT ACCESS.PURPOSES... 2.THE 2.00 FEET WIDE EASEMENT FOR PUBLIC UTILITY PURPOSES AS SHOWN DAVID T. ON SAID MAP. DAVID T.ROM ROSELL L.S.NO.6281 7-9-11 DOWNTOWN,LLC,A-CALIFORNIA LIMITED LIABILITY COMPANY(OWNER) EXPIRATION HATE.09/30/06 JAW" • CITY ENGINEER'S STATEMENT ED BONANM. ANAGING MEMBER T HEREBY CERTIFY THAT I.HAVE EXAMINED THIS MAP AND HAVE HOUSING CAPITAL COMPANY,A MINNESOTA PARTNERSHIP,OFF FINICAL INC., FOUND"IT TO�.SUBSTANTIALLY IN CONFORMANCE.WITH THE.... GTON A CALIFORNIA:CORPORATKNN.ITS MANAGING GENERAL PARTNER.BENEFICIARY -TENTATIVE MAP.IF REWIRED,AS FILED WITH. VE BY CITY UNDER A DEED OF TRUST RECORDED.MARCH 3.2006,AS INSTRUMENT NO:. BEACH CITY ALL PROVISIONS AND APPROVED BY CITY 143894.OF OFFICIAL RECORDS.. - COUNCIL, THAT ALL PROVISIONS THE SUBDIVISION CO MAP ACT. AND.d7'Y.SUBDIVISION REGULATIONS HAVE BEEN COMPLIED NTH. 7FN3 STATEMENT VALL"TAKE EFFECT UPON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY DAVRD PR:••ie �"'� CORRECT.- VICE PRESIDENT OF OFP FINANCIAL.INC.: - DATED THIS ZRm DAY OF SEPTWw"2. 21206- QpoFESSJp4 NOTARY ACKNOWLEDGMENT N1w+.•1MIwr �, - as C606 m dGigif+olRM '�1RA+i6 K.Na. S C.E.6flSW I STATE ORNIA - - '.MY REGISTRATION EXPIRES 12/31/06. i BP1Z '� COUNTY('# CITY ENGINEER sr CN11. Q't ON L.1af+Rst E ME, NOTARYPUBLIC. CITY HUNTINGTON BEACH '�FpP GN1 PERSONALLY APPEARED COUNTY SURVEYOR'S STATEMENT PERSONALLY KNOWN TO OR. ROVED TO ME THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON tr NANE�I:IS/IME I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAYS SUBSCRIBED TO THE WITHIN INSTRUMENT AND GED Ybb ME MT FOUND THAT:ALL MAPPING PROVISIONS OF TINE SUBDIVISION MAP HE/Ufip 11CY EXECUTED:THE SAME IN HISfMNIJMMER AUTHORIZED ACT HAVE BEEN COMPLIED WITH.AND I AM SATISFIED SAID MAP.IS. CAPACTY00),AND THAT BY HISA"OW VIER SIGNATURE(*)ON THE TECHNICALLY CORRECT. INSTRUMENT THE PERSON(*)OR:714E ENTITY UPON BEHALF OF WHICH THE D PERSONV ACTED,EXECUTED THE INSTRUMENT.. DATED THIS... DAY OF WITNESS MY HAND AND OFFICIAL SEAL. . i RAYMOND MAIHE,COUNTY SURVEYOR:. SGNATIRE LS.NO.6185 MY COMMISSION EXPIRES AAO t_ l EXPIRATION DATE: 03/31/08 MY PRINCIPAL.PLACE OF WSIINESSI-IN COUNTY, CITY PLANNING COMMISSION CERTIFICATE , NOTARY ACKNOWLEDGMENT Or THE CITY OF HUNTINNGTONN BEACH,CALIFORNIA,CI DO Hie� -' CERTIFY THAT i HAVE.EXAMINED THIS MAP AND FOUND IT:.TO..BE ;TAT€OF CAA SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILED WITH " COUNTY OF THE CITY OF HUNTINGTON BEACH CITY.PLANNING COMMISSION,AND APPROVED BY THE HUNTINGTON BEACH CITY COUNCIL L l 3 06 BEF AA NOTARY PUBLIC, PERSONALLY APPEARED A ! .:DATED.THIS DAY OF PERSOIAILLY KNOWN TO ME L7ERO['t To BE THE PERSON WHOSE N IS/ SUBSORIBED TO THE WI N.INSTRUMENT AND ACKNOWtED6ED O ME AT HEfiMG{+pNBR'EXECUTED.114E SAME IN HIS N4OR...AUTHORIZED CAPACITYLW,AND THAT BY HISIUW4WA SIGNATURE(W)ON:THE SECRETARY TO THE PLANNING COMMISSION INSTRUMENT THE PERSON(/OR THE ENTITY UPON BEHALF OF.WHICH THE HOWARD ZELEFSKY PERSON ACTED,EXECUTED THE.INSTRUMENT WITNESS MY HAND �)AND �OFFICIAL SEAL. SIGNATURE.1Ca - • MY.COMMISSION EXPIRES: N• MM I qP QLACE OF BUSINESS IS IN -4NINT NAME COUNTY. 'THE MM.O.HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. -. . HORIZONTAL CONTROL STATION G.P.S.NO.5103.AND.GPS NO.5102 BEING NORTH.8928'5r WEST PER RECORDS FEED IN THE COUNTY SURVEYORS OFFICE. DAYIN. COORDINATES-ES SH WN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS63),ZONE VI.1983 WAD,(1991.35 EPOCH OCS.G'S:.,AD IUSTMENT)... ALL DISTANCES BROWN ARE.GROUND.UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCE BY 0.949981965.. - SEE:SHEET 2 FOR SIGNATURE OMISSIONS NOTES,CITY .CLERK'S CERTIFICATE,SOILS REPORT.AND COUNTY TREASURER TAX COLIECTO'S CERTIFICATE. SHEET 2 OF 3 SHEETS BEING ALL OF TENTATIVE TRACT NO.l6dS2 - 1 NUMBERED LOT TRACT NO. 16682 ACREAGE GROSS: 1,01 ACRES - ACREAGE NEE M94 ACRES DATE OF SURVEY:AUGUST 28,2003 IN THE CITY OF HUNTINGTON BEACH _COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF OF LOT 2 IN BLOCK 5 OF TRACT 86, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ROSELL SURVEYING & MAPPING ►NC. DAVID T. ROSELL PLS 6281 FOR CONDOMINIUM PURPOSES CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE :.}.SS CITY OF HUNTINGTON BEACH ) I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR ... APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON - BEACH AT A REGULAR MEETING:THEREOF HELD ON THE DAY OF_ AND THAT THEREUPON SAID COUNCIL DID,BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. SAID COUNCIL DID ACCEPT ON BEHALF OF THE PUBLIC,SUBJECT TO IMPROVEMENTS,-THE DEDICATION FOR STREET PURPOSES OF ROOSEVELT LANE. - .AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON :BEACH:. 1.ACCESS RIGHTS IN,OVER,ACROSS,UPON AND THROUGH THE PRIVATE DRIVEWAY AND FIRE LANE WITHIN SAID TRACT FOR - POLICE AND FIRE.DEPARTMENT.ACCESS PURPOSES 2.THE 2.00 FEET WADE EASEMENT FOR UTILITY"PURPOSES AS SfHOVIN ON SAID.MAP. SAID COUNCIL DID ALSO APPROVESUBJECT MAP PURSUANT TO THE PROVISIOWS OF.SECTION 66436(oX3XA)OF THE SUBDIVISION- ..MAP ACT. DATED THIS DAY OF .. - JOAN L FLYNN,.CITY CLERK OF THE CITY:OF.HUNTINGTON BEACH COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE STATE.OF CALIFORNIA ) COUNTY OF ORANGE)SS - I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY- - OFFICE,THERE ARE NO LIENSAGAINST THE LAND COVERED BY. THIS MAP OR ANY PART THEREOF.FOR UNPAD STATE,COUNTY,. MUNKSPALOR LOCAL TAXES OR.SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL.ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE THE PAYMENT OF TAXES OR.SPECIAL ASSENTS COLLECTED AS TAXES ON THE LAND COVERDBY THIS,MAP.. :DATED THIS. .DAY OF ; Ct TARE ERA— TAX COLLECTOR BY: - DEPUTY TREASURER—TAX.COLLECTOR SOILS REPORT PURSUANT TO THE PROVISIONS OF SECTION 56434.5 OF THE SUBDIVISION NAP. - ACT,.A SO".REPORT BY ENVIRONMENTAL GEOTECHNOLOGY LABORATORY,.INC. . DATED APRIL 15,2004.HAS BEEN PREPARED FOR THIS SUBDIVISON:THIS REPORT: AND ANY SUPPLEMENTS THERETO ARE ON FILE..W9TH THE CITY OF HUNTINGTON BEACH BUILDING OFFICIAL - SIGNATURE OMISSIONS NOTE PURSUANT TO THE PROVISIONS SECTION O 3xxk)OF THE SUBDIVISION MAP ACT,.THE FOLLOWING.SIGNATURES HAVE B OkiITTED: SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA,-EASEMENT'HOLDER.FOR - .. PIPELINES.PER.DOCUMENT RECORDED IN.BOOK4072,PAGE:39 OF OFFICIAL RECORDS.: SOUTHERN CALIFORNIA EDISONCOMPANY,A CORPORATION.EASEMENT HOLDER FOR. ELECTRIC LINE PER.DOCUMENT.RECORDED IN BODE 1495,PAGE.345 OF OFFICAL RECORDS. SHEET 3 OF 3"SHEETS` BEING ALL OF TENTATIVE TRACT NO,16682 1 NUMBERED.LOT .ACREAGE GROSS: 1.01 ACRES ACREAGE NET:QGT TRACT NO. 16682 DATE SURVEY::AUGUST SRES GE 28,2003 IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA ROSELL SURVEYING & MAPPING, INC. DAVID T. ROSELL PLS 6281 FOR CONDOMINIUM PURPOSES EASEM04T NOTES .. G) 28'WIDE EASEMENT OF SOUTHERN COUNTIES GAB COMPANY OF CALIFORNIA FOR PIPELINES REC.IN BOOK 4072.PAGE 39.O.R. ® 2'WIDE EASEMENT TO.THE CITY OF HNNTNGTON BEACH FOR.PUBLIC UTILITIES PURPOSES. © ROOSEVELT LANE DEDICATED TO 714E:PRUC FOR STREET AND U7NTYPURPOSES SCALE: 1„- :40° It EASEMENT DEDICATED TO THE OTT OF H NTNGTON BEACH FOR POLICE AND GENERAL MM "FIRE DEPARTMENT ACCESS PURPOSES (). R OCKIES RECORD PER M,M:10 PO,35-38 [] INDICATES RECORD PER M.M.Sae PG.49-50 {] INDICATES RECORD PER M.M.79g PO 41-45 0 1NOGATES FD.MONUMENT AS NOTED RA T - ANGLE O INDICATES SET 2'IF LS 0281 FLUSH UNLESS OTHERYAg NOTED I 4&w IST.S 4 5103 FD PUNCHED 3.1/4'CITY of HU NTINGTON CH OP31 5102 SURVEYOR DISK N CANC,DOWN.0:49'.IN WELL MONUMENT FD REw DOVIN 12'N WELL MONUMENT BASS OF BEARINGS PER RECORD:ON FILE N THE OFFICE OF PER RECORD ON FEZ N 714E.OFFICE OF THE ORANGE COUNTY SURVEYOR M233.CO989NTY SR H E L V E N YEYOt U E— N.2211210.007 E 601007.429 ' E.8016946:378 (- A 285138'(RID �'S3'W \ ¢— 2651.2Y OtOI1D �_ J7 V `C FD SPIKE a WASHER,ROE W70 PER TRACT NO.12200 / M.M.339/49-50 qq FO 2'IF&TAG LS 4279 F�' .PFR 1RACi N0.1 P E A R CE S T R E E T M.II.sae/49-so / S�•27Ye`E (Ne97C32_E] Q� 093.aT' �— 331.66'(33t.ae') t g PORTION OF LOT 2, BLOCK 5, � b,.A TRACT.NO,. 85 M.M. 10/35-36 N. MR, NH LINE.SOU LOT 2,BLOCK s TRACT NO.88.M.M.,10/35 ( i I 1 W ~ � sa9xrle'e �- 277.BY W N mN PRIVATE DRIVEWAY AND FIRE LANE Y 25r T3 W 1 NJ _ 38.GO• sJffixr1E'E S88xr19'E_8gsz 8L as I_ ,.,'v � \ FO SPUD k WASTER RCE.4093 S{I. 5802718•E L PER iRACT N0.15469 see2T1e'E s �0. N1B�'NY14EM.M,789/41-46 LOT 1 BLOCK 5, I PORTION OF LOT 2, - - PFE SPIM 2 7RAct 1 9Ls 4ea7TRACE NO 86, 4$ $ M.M.79e1a-46M M. 10/35 36 $ BLOCK 5,TRACT NO 86,� a 8111 43784 SQ FT,ptt 20•FT.NET g n / d xr1 ?;13� 25 °--"SEARCHED FOR `O - 4.47' FD.NOTHING (R BLOCK s,TRACT In 8%M.M.10/35-3e S99x7'78'E 33/.79' J -soon+UKNORTH a28.LOT 2 i >F: PORTION OF LOT'A o I - / -�`Ng � TRACT NO. 15469, mI M M 799/41-46 PORTION OF LOT 2, BLOCK 5, 9 + $I TRACT NO, 86, M.M. 10/35-36 s \ ell1 � _ a 'srE a31.er (salsa'{"ii'� - -sea7a•31'E 331.ea• (331 es'') LOT 3..BLOCK 5, .. TRACT NO. 86, Hv LOT 4, BLOCK 5, TRACT NO. 86, A.M. 10/35-36 M.M: 10/35 36' f 331.88'(332007 331.99' (3MW) 580.25'LYT — 083.97 6-CHI — 3 1/0 PUNCHED BRASS DISK N WELL MON( 37� •WARNER A V E N U E STAMPED HAL Oil'SURVEYOR (WINTERSBURG AVENUE) :. FD$PII7 2005KE AND WASHER. PER CORNER.RECORD 2DO2-0828 PER CORNER.RECORD 0 91A ATTACHMENT #6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND 7-9 11' Downtown LLC FOR TRACT'NO. 16 6 8 2 THIS AGREEMENT ("Agreement") is entered into this 7i day of 2 006 , by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California, hereinafter referred to as "CITY," and 7-9'-l l Downtown LLC , a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS,SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 16682 ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/6/15/04-A 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows; 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions'of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of mainlines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans,specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/fonns/subdiv 10-18-01/6/15/04-A 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same, 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. S. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period,the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials,or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-01/6/15/04-A 3 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS ; SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the HuntingtonBeach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Seventy three thousand three hundred five Dollars ($ 73 , 305 , 0 , which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/6/15/04-A 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Thirty six thousand six hundred fifty three Dollars ($ 36 , 653 . 0 , which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees;payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, "agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/6/15/04-A 5 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission(negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall'indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties,against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One agree/forms/subdiv 10-18-01/6/15/04-A 6 Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage,and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required: agree/forms/subdiv I0-18-01/6/15/04-A 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs, incurred by CITY, even if SUBDIVIDER subsequently completes'the work. 13. RECORD MAP In consideration hereof, CITY shall allow'SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision: 14. NOTICES Any notices, certificates,or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/fonns/subdiv 10-18-01/6/1'5/04-A 8` TO CITY: TO SUBDIVIDER: City of Huntington Beach 7-9-11 Downtown LLC ATTN: Director of Public Works 5622 Research Drive, Suite A 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92649 15. CONSENT When CITY's consent/approval is ' required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator>or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/fonns/subdiv 10-18-01/6/15/04-A 9 covenants and provisions of this Agreement. No covenant or`provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification: 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/6/15/04-A 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be'governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements' or warranties, oral or otherwise, have been made by that party or anyone acting on that 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, factor 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 agree/forms/subdiv 10-18-01/6/15/04-A 11 prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a 7-9-11 Downtown LLC municipal corporation of the State of California Ma By: Ed ATTEST: print name ITS: (circle one)Chairm residen ice President C.)&� 6c, AND U City Clerk By; APPROVED AS TO FORM: print name ITS: (circle one)fecretaychief Financial Officer/Asst. City Attorn Secretary—Treasure INITIATED AND APPROVED: REVIEWED AND APPROVED: City E gineer ,J City Administrator agree/forms/subdiv 10-18-01/6/15/04-A 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of (D o v, On ._ G before me, 75_eo %j r �.�► /1✓1 j( -�_rc� r�aa��, �' i I:C. Date Name and Title of Officer(e.g.,"Jae Doe,.Notary Public") personally appeared I (AYE a Name(s)of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed JAMIN C L1619�3 to the within instrument and acknowledged to me that PWNa_ 161" 3 he/she/they executed the same in his/her/their IP "Dow okww County authorized eapacity(ies), and that by his/her/their MlrComn.6rplresNars.2#q signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above '— d Signatur f Ndta6 Pub is :OPTIONAL Though the information below is not rq6wred by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General inien. III ❑ Partner—❑ Limited ❑ General ElAttorne in Fact • y Top of thumb here ❑ Attorney In Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑` Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 - Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ATTACHMENT #7 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) A, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich,City Treasurer FROM: DATE: S oZ SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. 16 1 ZI JEZ Labor and Material Bond No. 6)6 /// J"/ / -3 Monument Bond No. ,t��(� �l / �D Maintenance Bond No. Re Tract No. h CC No. MSC No. Approved Agenda item No. ( ouncii A proval Date) City Clerk Vault No. #27 gJfollowup/bondietter doc Premium covers 2 yr term annual renewal premiums due thereafter until bond is released by City BOND NO. 66,1118993 PREMIUM 1,,833 00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of Califbrnia, and 7-9-11 Downtown, LLC (hereinafter designated as "principal")have entered into an agreement whereby principal agree to install and,complete designated public improvements, which said agreement,dated 20 , and identified as identified as project Tract 16682 , 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 Lincoln General Insurance Company As surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called '"City", Seventy Three Thousand the penal sum of Three Hundred and Five dollars ($7 3, 3 0 5.0 0 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 theirpart, 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 herebyand in addition the face amount specified therefore,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,judgmentrendered,. i a 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 there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of anychange, 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 5th , 20 06 7-9 11 Downtown, LLC , as Principal - ��--�By Linc n• Genera Insurance Com aMSurety George AM A7 ::��y-in-fact AP ROVED AS To F RM; i ti Bond#661118993 LINCOLN GENERAL INSURANCE COMP;AtNYPON'VE-R OF ATTORNEY KNOW ALL.MEN B fi-11 SE PRESENTS;That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the;Coin monwealth of Pennsylvania,does hereby nominate,covstitcate.and appoint: George Jimenez,James Olsen, Hope Olsen, Rosita Ciccolini Its true and:lawflil Attorncy{s)-in-Fact:to sign,seal and execute;for t€nd on its behalf,as surety,bonds,utictcrtakings_,and cider obligatory instruments of similar nature,and to bind it thereby as fully and to the smile extent as if sash instruments were signed b}a duly a°uthoritcd officer of the;corporation,and all the''acts of saki Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attomay is granted and is signed,,scaled and notarized with facsimile signatures and seals under authority of the following resolutions,adopted by the Board of Directors of Lincoln( cr€oral Insurance:Company on the 4"'day of September,2002_ f2iaSOI,V E7 that the President,tit)Executive or:Senior Vice President,or any Vice:President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the persort(s) ruined as ArtorrieYks)-in-Fact to date,execute sitar;sea:and deliver on behalf of the(ompatty,fidelity and surety bonds undertakings,and other sinirlar contracts of suretyship,and any related docu€nr--ats RI;SC)I V ED FURTHER l THER that the signatures of the officers making the appointment,and the signature of any officer certifying the validay and current status of the appointment,may be facsimile representations of those signatures;and the signature and seat of any notary,and the seal of the C;omlwuiy,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seats, and such facsimile representations shall have the smw farce and effect as if ma rutrily atfi ed 't'ie fa6stn :le.tepresotitations referred wherein rnay,be affixed try starrtpin�,grttuiitt;,I ping or photfacgtiying IN'WITNESS WHEREOF,Lincoln General Insurance Company has caused its corporate.seal to be affixed and these presents to be signed by its,duly author-izvt officers this lS`i'day of October,2'004. `�tinuiarrirrnry� � t�y4 , . a� ORATE • 2 1977 o Vol hars—;vW4�aa 'sr��"�ia�rtuflint] fi4ia`� Oil this 1 P day of October,21604,before me personally came John T. Clark,to the known,who being duly sworn,did depose and say:€h<it he is the President of the Corporation described in and which executed:tlte above instrument:that he knows the seat affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the'Board of Directors of stand Corilpany;and that he executed the said instrument by life order and authority and the swine m-as his"free act and deed_ The Commonwealth ofPennsylvtinis Y o rk-Co N,otaryrKR CITY YORK My CMmUslon b y6' p b { 1,6 ary J. Orndorff_Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania der hereby certify that the about:and foregoing is a full,true and correct copy of Power of attorney issued by said Company,and cif the whole of the original and that the:said Power of attorney is still in full force and effect and has not been revoked, and furthe nnore that the Resolution of the;Board of Directors,set forth in the said Power of Attomey is now in force. IN 1'i I l I'I SS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company, at York,Pennsylvania, this 5th d£tv of September 2006 4�4y444€{tilitilU7t!(/ffl `�� At, 4 q VYOR ft7• _ � f�' 1 9 s Secrettiry 77 Bond #661118993 J'f+'f//l11l/rtil*liitttk{4414�`` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } ss. County of LOS ANGELES } ss. On 9/5/2 0 0 6 ,before me, Anthony Khot s i ki an NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,NOTARY PUBLIC' personally appeared George Jimenez ATTORNEY-IN-FACT 91 personally known to me 0 proved to me on the basis of satisfactory y evidence EwiHornr K Commission#1472651 to be the person(s) whose name(s) is/are HOTSMAN z Notary Public-Califomia subscribed to the within instrument and Los Angeles county N1Y Comm.6cpires Feb 26,2t>08 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS h offici Place Notary Seal Above Sign ure o ary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer's Name: - 11 Individual - Corporate Officer—Title(s): Top oP Thumb here 1:1 Partner 0 Limited 11 General ® Attorney in fact 11 Trustee ❑ Guardian or Conservator (] Other: Signer is Representing: ®1999 National Notary Association-9350 DeSotoAve.,P.O.Box2402-Chatsworth;CA91313-2402-www.nationalnotary.org Prod No.5907 Reorder[.Call Toll-Free 1-800-876-6827 AANICE�ALE)�IS MG F"14L fomrolabn 0 1619M . puw•CaNtorrwo Owngo County STATE OF CALIFORNIA ) myCW m.Ex 140V 8. ) SS- COUNTY OF ORANGE ) ON a,- v�Coln , BEFORE ME, ` "Czv-,i ce,A.LCi A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED I, ED 13 AND ` T PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL. PLACE OF BUSINESS'IS NOTARY ' C IN AND F R SA(g STATE IN Q rcA COUNTY ��Ls,C .,A\t s , cam?I I (NAME PRINTED) MY COMMISSION EXPIRESd z U STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWS TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC.IN AND FOR SAID STATE -IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES BOND NO. 66111 8993 PREMIUM is cover uncter performance bond. LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of Califoomia, and 7 (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 Tract 16682 , 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 Thirty Six , Thousand referred to in the aforesaid Code of Civil Procedures in the sum of Six Hundred Fifty Three dollars ($ 3 6, 6 5 3.0 0 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's'fees, incurred by"City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title''15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. j 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 f The surety hereby stipulates and agrees that no change, extension of time,i alteration or addition to the terms of said agreement or the specifications accompanying the saline 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 names,on SeAember 5th , 20 06 7-9-1 1 Downtown, LLC as Principal By: 't7l: Linco Genera I urance Company , as Surety By: y; George JImenez ttoxne-in-fact Ap ROVED AS TO FORM mFER MaG' :x 1H, L d-.- ttorney I Bond #661118993 LI COLN GENERAL INSURANCE COMPANY 1='ONVER OF ATTORNEY KNOW AI.1,.MEN 13Y"T1-'[BS PRl.S NTS;That Lincoln General insurance Cornpany,organized and existing by virtue of the Laws of the Commonwealth ofPt ansylvartia,does hereby notrtinate;constitute and appoint, George Jimenez,James Olsen, Hope Olsen, Rosita Ciccolini Its true and"hawful Attorneyts)-it14act to sign,seal and execute for and on its behalf, as surety,bonds,undertakings,and o:her obligatory instruments of similar n=atute,and to bind it thereby as fully and to the same extent as if-such instruments were signed by a duly authorized officer of the corporation.and all the acts of said Attt;mcy,pursuant to the,authority hereby griven are hereby ratificd and confirmed. RESOI. t D that this.Power of Attorney is granted and is signed.scaled and notarized with csiraite signatures and seats under authority of the following rest>lutions adopted by the Board of Directors of Lincoln General insurance C;brnpat y on the:4`t`day of September,AX)2. RESC31 VFD that the President,are Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of;Attorney appointing the person(s) named as attorney(;;)--in-fact to date,execute sign,seal and deliver on behalf of the Company,Rdelity and surety b+an&,undertakings,and other similae contracts of suretyship,and any related documents. RESOLVED " ARTI ER that the siguiitures of the officers making the appointment,and the signature of any officer certifying the t: li tiry and Current status of the appointment,rimy.be facsimllc representations of those sigtaatrares;and the signature and seal of at y notary,and the scat of the Company,rrtay be� csitnile representations of those sigpxatttres and seats,and such facsimile represcnrations of those signatures and seals„and,such facsi,nile mpresenttttions shall have the same force and effect as if nianua'ly affixed. 'T;he facsimile representations referre.d to herein may be affixed bye ,stampin printing,typing or photocopying ' n N Wl T: ES$WHEREOF,l incoln General Insurance Company has caused its eorpotvate seal to be affixed and these presents to be siitne d by its duly authorized officers this 15`"clay of October,2004. „uanaa+auututrrr„ �INSv �4i gyp,... .. oanrf SO% SecretaryPr seer �h ,kf. -Y' 4'��ururn,uaatthr"�`` On this I clay of October,2004.bcf€rre xie personally came John T. Clark,to tree known, who being duty sworn,did depose and say-that he is the President of the Corporation described in and which executed the above instrument:that he haloes the seal of"fixed to the aforesaid instrument is such corporate scat and was affixed thereto by order and authority of the:Board of Directors of said Cofnprny;and that he executed the said instrument by like order and authority and the same was his fret;act and deed, The Commonttealth ol'Pennsylvania. Fork C outiv REWE L KRIVACV , r YORK C f 4* My m es Oct 29,2WO I,Gary 1, Orndorf,,Secretary"of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do h>wreby certify that the above and foregoing is,a full;true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the:said Poker of Attorney is still in full force and effect and has not been revoked,and furt1w,rEt"tore that the Resolution of the'Board of Directors,set forth it;the Said foyer of Attorney is now in force. IN WITNESS NT SS WHEREOF, 3 have hereunto set any hand and affixed the seat of said Cornpany, at York, Pennsylvania, this da% of Sgtember 2006 `�",,�ctunm tit+rrrrif ORAre ~Z. 1971 r 0_ J�ererrrn .�• , `o A•'��rNSYL�IPCx -� Bond #661118993 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } ss. County of LOS ANGELES } ss. On 9/5/2 0 0 6 ,before me, Ant hone Kho t s i k i an NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,NOTARY PUBLIC personally appeared George Jimenez ATTORNEY-IN-FACT 91 personally known to me 0 proved to me on the basis of satisfactoryAL " evidence ANTHOW K— HOTSIKIAN ` 2651 Commission#147 to be the person(s) whose name(s) is/are • Z �-� Notary Public-calitornia subscribed to the within instrument and Los Angeles county acknowledged to me that he/she/they executed My COMM-Exptres Feb 26.2008 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m and n Place Notary Seal Above Signat of ota Ic - OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document- Description of Attached Document Title or Type of Document: Document Dater Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: 11 Individual ❑ Corporate Officer—Title(s): Top of Thumb here ❑ Partner- ❑ Limited ❑ General ® Attorney in fact ❑ Trustee ❑ Guardian or Conservator Cl Other: Signer is Representing: ®1999 National Notary As octation"9350 De Soto Ave„P.O.Box 2402•Chatsworth,CA 913 13-2402•www.mtionainotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 JEANICE ALEXIS MC FALL Commission# 1619853� 1OftNotary Pub -CaAfomio Orange County STATE OF CALIFORNIA ) My Comm,Expires Nov il, t 4 ) SS COUNTY OF ORANGE , BEFORE ME, 77ej:7, .iLQr A,I e t. hy' A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED � :0r1ta\Y1 n'l AND Do clA�> �, Cl PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO TH WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE. MY PRINCIPAL PLACE OF BUSINESS IS NOTARY IC INAND OR STATE IN ,. n COUNTY ' .�S'17! C lei., ca I (NAME PRINTED) MY COMMISSION EXPIRES, jnQ, STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, } A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWS TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS' ACTED, EXECUTED THE INSTRUMENT, WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES i rremzum covers z . yr term annual renewal due thereafter until bond released by the City BOND NO. 661119291 PREMIUM $100 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT 7--9-11 Downtown, LLC As Subdivider of Tract No, ' 16682 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 7 9 1 1 Downtown, LLC (Subdivider) as principal, a) and Lincoln General insurance Company n Y 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 One Thousand Five Hundred dollars $ 1 1500 .00 , in which sum we are held and.firmly bond 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 5th day of September , 2006 7-9-1 1 Downtown,. LLC as Principal a By: 4 B;ncol � Genera Jnsurancg Company , as Surety By: Geor e June z At in-fact- ROVED A TO F,OR I. d J NITER McGRATII,C"'ty 1�ttornes Bond#661119091 L;INCOLN GENERAL INSURANCE COMPANY` PO'k'VT,R OF ATTORNEY KNOW ALL NIEN BY THESL PRESENTS;That Lincoln Central Insutattce Company,organized itnd existing by virtue of the Laws of'he Cott;monwealth rrf Pennsylvania.does hereby norninate,constitute and appoint; g : Geor a Jimenez, James Olsen, Hope Olsen, Rosita Ciecolini Its true and tawful Attorney(s)-in-Fact to sign,seal and execute Mr.and on its behalf,as surety bonds,undertakings,and either obligatory instruments o#'sintitar nature,and to Bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation„and all the acts of said Attorney,pursuant to:the authority hereby given are hereby ratified and vontirnted. RESOLVED that this Power of:Attorney is granted and is signed,scaled and notarized with facsimile signatures anti seats under authority of the following resolutions adopted by the bard of Directors of Lincoln ticneral Insurance Company on the 4e1 day of S l tember,20021 RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute PowwrS of Attorney appointing the perstru s named as Attorneys)-in-Fact to date,execute sign,seal and deliver on behalf of the Cornpany,hdelity'And sdretybbiids undertakings,and. other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that'the-signatures of the offr>;ers Tnaking the appointmerrt and the signature of any officer'certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notar},and the scat of the Comp any,may be iaesintile representations of chose signatures acid seats;and such facsimile representations of those signatures and seals, arid such facsimile representations shall have the: same force and effect as if Inunwill`affixed. The faysivaile representations referred to herein ink be affixed by stamping,print rIg typing of photocopying.. tN Tafl MiESS WHEREOF,Lincoln General Insurance Company has caused its corporate seal,to be affixed and these presents to be sign d by its duly authorid officers this 15F day of October, (ltl4, LINSr14%,�r,,��� w orsnre Uf w2.Go4e -cg� „1. E .Serre.'ar,i 17r siler f'r�ibirIurt nantn""`tt;~\ - On this t 1"day of October,20(g,before me personally can'tc John T. Clark,to tyre known,who being duly sworn,did depose and say:that he is the President of the Corporation described in and which executed the above instrument:that he.knows the seal affixed,to the aforesarid instrument is such corporate seal and was affixed thereto by order and au,therity of the Board o Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. The Conansnnu-ealth of Pennsylvania York County ERKEWEE L[Rid tclJ Public Expkes Oct 29,2000 ¢ j h Craw;. Orrdorff,Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania:do hereby certify that the above and foregoing is a.full,true and correct cop; of Powerof Attorney issued by said Company,and of the-whole of tite original and that the said Power of Attorney is still in full force and i ff�t and has not been revoked, and furthermore That the Resolution of the':Eloard of:Directors,set forth its the said Power 6,f Attorney is now in force_ HK WITNESS 4{%HEREC)F, t have hereunto set my ptaiad and affixed the seal of said Cornpanv, at York, Pennsylvania, this 5th day of September, 2006 INS ttti,�oti►ttti{ItlltlfJJ/IJj� 4i GO 197/ • QRAiE _ Bond #661119091 '��/�Jg1lrnura+.nt��ttett CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA }ss. County of LOS ANGELES } ss. On :9/5/2006 beforeme, Anthony Khotsikian - NOTARYPUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,NOTARY PUBLIC" personally appeared__ George Jimenez - ATTORNEY-IN-FACT , RI personally known to me ❑ proved to me on the basis of satisfactory evidence ANTHONY KHOTSIKIAN Commission#1472651 to be the person(s) whose name(s) is/are Z -�: Notary Public caiitornia subscribed to the within instrument and Los Angeles county acknowledged to me that he/she/they executed tutycomm.fxpiresreb26.2ao8 the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the'person(s) acted, executed the instrument. WITNESS ha Ici Place Notary Seal Above ignat NoAf Pu lic OPTIONAL Though the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer's Name: ❑ Individual Corporate Officer Title(s): rop of Thumb here ❑ Partner ❑ Limited ❑ Genera! ® Attorney in fact ❑ Trustee 11 Guardian or Conservator ❑ Other: Signer is Representing: 0 1999.National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotmy.org Prod.No:5907 Reorder.Call Toll-Free 1-900-876-6827 J64FNCE Ai��gS MC FAtI COS 1619ia53 «� ►' Y FtlW Caelorrwo STATE OF CALIFORNIA ) oronge Coanty SS COUNTY OF ORANGE ) Mvcomm. plretNovB, ON BEFORE ME, `,5eo A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATUREJI -T MY PRINCIPAL PLACE OF BUSINESS IS NOTARY IN AND SAID TA IN COUNTY f -c c cA 11 (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA SS COUNTY OF ORANGE ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWS TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES <, CA t' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 0 1. Requested by: Christi Mendoza, Risk Management 0ity 2. Date:, :September 6,2006 City Attorne , each y a office 3. Name of contractorlpermittee: Bonanni Development(Ed Bonanni) 4_ Description of work to be performed: Tract development for No 16682 of 13 unit townhomes and No 16846 of 19 unit townhomes 5. Value and length of contract: Eight (8)to twelve (12) months for completion 6. Waiver/modification request: Type of claims "Claims Made"/general liability insurance 7. Reason for request and why it should be granted: Unable to comply with the city's "Per Occurrence" type claim coverage insurance requirement 8. Identify the°risks to the City in approving this waiver/modification: None Department Head Signature WIS. Date: �a ' R©VACS' ������ � Appr.©vats rr�c��t b�obtained�nthe©rd�r�i�tec�on,this form, !"wQ approvals ire required �� � �� for�requ�st,to be granted: Ap' :�gat fro �t�e pity Aden►n�sfratorts C�fftce�oty required if 1. sk Management Approved ❑ Denied S 9/i 1do Signature Date 2. City Attorney's Office / pproved ❑ Denied 1l �C,o Signature Date 3. City Administrator's Office El Approved 11 Denied Signature Date �a�Att�l��tJffice� uu�t �e contract for a�pr�v� � ' r� `' TemPWaiver 9/6/2006 4:15 PM 06 20OG 10: 00AM WILEY INSURANCE 714 846 8248 p- 2 t DATE jMMIADIYYYY) ACORfl ; CERTIFICATE OF LIABILITY INSURANCE TO ,05/2t]os PRODUCER THISin$Uranct?Services THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Y ONLY AND CONFERS .NO RIGHTS UPON THE CERTIFICATE 16531 Boise Chics St.,#311 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Huntington Beach; CA 92649 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: (714) 846-5958 Fax: (714)846-8248 INSURERS AFFORDING COVERAGE NAIC# INSURED Ed Bonannl INSURER A: Century Sumty Company Bonanni Development INSURERS: 5622 Research Drive INSURERC: Huntington Beach, CA 92649 INSURERD. INSURER£: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.` BNR O POLICY NUMBER. POLICDA'TBYEWECTW(MMIDDAME POLICYEXP_RAMMWIRATION LIMITS GENERAL UAB1LITY EACH OCCURRENCE $ 1,000,D00 AGE TO RENT x .COMMERCIAL GENERAL LIABILITY - :PREMISES Ea oocurence $ 50.000 x CLAIMS MADE a-OCCUR MED EXP(Any one person) $ EXCLUDED A A X Reim date of 06130/2005 CCP435878 08/30/2006 08/3012007 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE 3 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 11000,000 % POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accidenn $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULEC AUrCS (Perperson) HIREDAIITOS BODILY INJURY $ - NON-OWNED AUTOS - (Per awdent) PROPERTY DAMAGE $ (Peraocident) GARAGE LIABILITY ASTDFORM AUTO ONLY-EA ACCIDENT $- ANY AUTO McG TH . A7TRN EA.AGO 11 EXCESSUMORELLALIABILII'Y. �" EACH OCCURRENCE $.. OCCUR. - ❑CLAIMS MADE AGGREGATE 3 DEOUCTISLE RETENTION..: $ .. $ WORKERS COMPENSATION AND WC STATU• OTH- EMPLOYERS'LIABILITY $ ANYPROPRIETQRlPAR7NERIE](ECi11'tV3 EL.EACH ACCIDENT - OFFICER/MEMBEREXCLVDED? E.LDISEASF-EAEMPLOYEE $ ITyes,describe under $PECIAL PROVISIONS below. 'E.L.DISEASE-POLICY LIMIT $ OTHER '. DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS Certificate Holder is an Additional Insured in reference to permit Tract No. 16682 (13 Unit Townhome Project)and Tract No. 16846 (19 Unit Townhome Project), CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCPAMO POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach its officers,Officials, DATE THEREOF,THE ISSUING INSURER WILL"IDEA"14140 MAIL 30 DAYS WRITTEN NOTI E TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT. employees, agents and volunteers Attn.:Risk Management Division 2000 Main Street AUTHOFUZE13REPRESENTATIVE Huntington Beach, CA 92648 ACORD 25(2001108) © ORD CORPORATION 1988 Sep 06 2006 10: 00171M WILEY INSURANCE 714 846 8248 p.S POLICY ENDORSE NT # I Insure!copy This Endorsemenl is Attached to and made pert of Policy#CCP435ar8 Issued to: Ed Bonanrd Insurance Company: Century Surety Company Aeent: Wiley Insurance Services Effective date of this Endorsement is 6130106 at 12:01 AM Standard Time. Producer AmWINS Insurance Brokerage of Card In consideration of the premium below,it is hereby agreed that the: X Addifidnal Insured(s) 1N CONSIDERATION OF THE PREMIUM CHARGED AT POLICY INCEPTION,IT IS HEREBY AGREED THAT FORM CG 2010 07104 ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION IS AMENDED TO INCLUDE THE FOLLOWING ADDITIONAL.INSURED: THE CITY OF HUNTINGTON BEACH ITS OFFICERS,OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS ATTN:RISK MANACEUENT 2000 MAIN STREET HUNTINGTON BEACH,CA 92548 RE:PERMIT:TRACT 16848(19 UNIT TOWNHOME PROJECT)&TRACT 16682(13 UNIT TOWNHOME PROJECT) IT IS FURTHER AGREED THAT FOR AN ADDITIONAL PREMIUM OF$102.00 THE ENDEAVOR TO WORDINGSHALL BE CROSSED OUT FOR THIS ADDITIONAL INSURED_ ADDITIONAL PREMIUM. $100.00 20/6 TRIA:$1.00 THE PREMIUM FOR THIS ENDORSEMENT IS 400%FULLY EARNED, (AG) Ail other Terms and Conditions remain the same. IPro Rate)Acts lUonal Prendum-shown above 102.00 issue Date,915106 State Tax 3.06 Stamp Fee 0.18 Issuer!By: . Total 1tf5.24 Countersignature ig 23 2006 12:OOPM '- WILE'Y INSURANCE 714 846 8248 p. 6 S 11� CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 i Declaration of Non-Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. if you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 l certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation insurance. Applicant/Company Name: /0 C&4. fo -,�.-- Address: ._S Z Z Z 1?e')-c'k zd 'o , r A;►"7" 1rc (/ 52r V y Applicant's Signature: Title: !�/ •I � Location Signed: I �. c 4 CA Telephone Number: t APPROVED AS g U ,: NIF .Bing 23 2006 12:00PM WILEY INSURANCE 714 846 8248 p. 2 Bonanni Development, Inc. 5622 Research Drive Huntington Beach,CA 92649 (714)625-1305 August,23,2006 City of Huntington Beach Risk Management Division 2000 Main St Huntington Beach,CA 92648 RE: Tract 16846 and Tract 16682 Attm Christi Mendoza Pease find enclosed our certificate of insurance,endorsement page from our carrier and declaration ofNon- Employer Status. We submit these items for review in regards to two townhome projects that will be filed within days/weeks that we will build in Huntington Beach. We believe that these projects will take between 8 months to 12 months to build form the start date and will be compromised of a 19 unit project and a 13 unit project Due to the constraints of the market place we need to request waivers to conditions before we can continue on these projects. As you are aware the insurance marketplace does not offer a program that will insure our type of operation and still be available to meet each and every item on your-requirements page. Although we meet much of the requirements the following are points we need to discuss. You will note that the certificate and endorsements are for our current term that expires on 8-30-06,but they will be identical on the renewal should the two requested waivers be granted Waiver items: Claims Made form: Your requirement is to maintain an occurrence form policy. We are currently insured under a claims made policy. We have a renewal pending,but cannot move forward until we are sure that it will be accepted. Also, as this policy is a claims made form,I am advised that a change in form to an occurrence requires us to purchase a"tail"coverage that would be quite expensive and poorly timed for our business. Other options such as a"wrap policy"still would not meet all of the requirements set forth in your letter. In addition,the only occurrence form that can be procured would not be an admitted carrier. Non Admitted Company: Your requirements dictate that an Admitted rated V1I carrier is the minimum accepted company. As stated above the insurance marketplace does not currently offer an Admitted carrier that will insure the builder of a new residential townhome project. We do however meet the balance of the carrier conditions as per the AA4 Best rating sheet enclosed Please rush the review process of these two issues. We are holding our renewal until these items are addressed. Should the waivers not be granted,we will need to refigure our best path in regards to the insurance and timing on these projects. If there is anything else we can provide or any questions that you may have please do not hesitate to give me a call ASAP. I took forward to your quick response on this issue. Sincerely, Ed Bonanni sep ,06 2006 10:00AM WILEY INSURANCE 714 846 8248 p.6 Best4?P View Ratings:Flnanclat Strenadh IM.rrer Credit Securities Advanced Search Other Web Centers Select One Print this pe LJP. f r Century Surety Company ? � ismemberof Assignedto companies Vial trovein n AM EI"M 03780 NAIC I:35951 FEINM 310936702. our opinion,an exm9erd aWsty to meet _ Snack Ticker:The Nasdaq Smck MarketNASPAQ R'Q their ongoing oblt9aoons to. s�: Address:P.O.Box 10340 Phone.614-895-2000 •.... _. WON;_ Columbus,OH 43215-3340 Fax:6 14-895-7036 --: Web:unlvw praccer&ntcom a ft Best's Ratings Flnancial Strength Ratings View Deflnitions Issuer Credit Ratings View Definitlons �_ ;.. . Rating:A.(Excellent) Long-Tenn:a. Affiliation Code:p(Pooled) Outlook:Stable 1, Financial Size Category.Vill($100 million to$250 million) Action;Affirmed Outlook;stable Date:April 19,2006 Action:Affirmed Effective Date:April 19,2006 Denotes Under Review Best's Ratings as. Reports and News Visit our NewsRoom forthe latest news_And pass rel"gea for this company and its A.M.Beat Group. B-,test's Co_rr�t and,Ftegorf-Includes Beef's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. e r Report Revision Date:0512412006 (represents the latest significant change). Historical Reports are available in Bests CompAoy Rye ort Archive. Beers Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance "=sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. u .„ Data Status:2006 Beers Statement File-P/C,US.Contains date compiled as of 7/19/2006(Qualify Cross Checked). e $irigle_Cornpatty-five years of financial data specifically on this company. e Comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select. e ,QQMp8sftlf-evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Note:Adobe Reader is required to view the reports tilted above.This software is available free from Adobe Systems Inc.An Excel export option is also available once the report has been opened using Adobe Reader. $fie K�Xt. iLt$S23d1{�$Prg$grtj{litrhl_J gt j-includes Best's Financial Strength Rating and financial data as provided in Beers Key Rating Guide products. a Data Status:2006 Financial Data(Quality Cross Checked). Financial and Analytical Products �est�Properm/Gasrl�lt�r_Ce�r ter-_Premium Data_&Reports. Best's Key Raling Guide-PIC,US&Canada` Best's Statement File-PIC.US B1s L1_D.R tement,File_ Global Beef's Insurance tips nits=PIG US&Calsada emfp Line,:-R1_Q S Q@s_i,'�insuv�nce Ex�c�r se Esitr�EE�PIC_,tlS: 13"I's Stat@ 111><(C Mkki - PIC,us Customer Service E Product Support)Member ent r(Contact Info)Careers About A,M,Hest I Site Map J Privac Palm f Security I Tetras of Use.{le ata f&Licensing. Copyright®2006 A.M.Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters.Ambest Road,03dwick,New Jersey,08858,U.S-A. RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: APPROVE FINALTRACT MAP NO. 16682 SEA BREEZE VILLAS COUNCIL MEETING DATE: December4, 2006 RGA Al`TA tM ( T '� G it n STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable ❑ Resolution (w/exhibits& legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached M (Signed in full by the City Attorney) Not Applicable El Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable El Bonds (If applicable) Attached ED Not Applicable El Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable El Findings/Conditions for Approval and/or Denial Attached 0 Not Applicable ❑ -PLANATON " "If] , . REYEy1/E1 RETURNED !`OR .,, Administrative Staff ( ) Deputy City Administrator(Initial) ( ) G City Administrator(Initial) ) ( ) City Clerk ( ) E p'LA1NATI N FOR,RETURI CAE ITEM: C (Below •. For RCA Author. SH:HF:RT:sc i. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 15, 2006 7-9-11 Downtown, LLC. 5622 Research Drive, Suite A Huntington Beach, CA 92649 To Whom It May Concern Enclosed for your records is a copy of the Subdivision Agreement By and Between the City of Huntington Beach and 7—9- 11 Downtown, LLC for Tract No. 16682, Sincerely Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr (Telephone:714-536-5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: oolDcq FROM: PLANNING DEPARTMENT TRACT NO. PARCEL MAP NO. PN d PARK AND RECREATION FEES PAID: K YES $ , ❑NO DEVELOPER: ® for: Scott Hess Acting Director of Planning IrieCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 - OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK' December 12, 2006 Orange Coast Title Company 640 N.Tustin Avenue Suite 106 Santa Ana, CA 92705 Attention: David Hamilton (714) 558-2836 Re: Escrow Pick Up No. 751435-03--Tract Map No. 16682 West side Roosevelt Lane,South of Pearce Drive The City Clerk's Office has prepared Tract Map No.16682 to be recorded. Your office will be picking up these documents to be recorded with the County. Please have a copy of each of the recorded maps returned to Joe Derleth, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Joan L. Flynn City Clerk JF:pe Enclosure Received by: Date: ff�i,f7 I g:ffollowup/tracVescrow pick-up.doc (Telephone:714-536-52271 i CITY : OF HUNTINGTON BEACH i INTERDEPARTMENTAL COMMUNICATION TO: Joan L. Flynn City Clerk FROM: Steven Bogart Associate,Civil Engineer SUBJECT: Tract No. 16682 (Authorization to Record) x DATE: October 3, 2006 Please release subject tract to the Title Company for recordation. All requirements have been met per .the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE,CO: Orange Coast Title Company TITLE OFFICER: David Hamilton ORDER NO.: 751435-03 LOCATION: West side Roosevelt Lane, south of Pearce Drive PHONE NO.: (714) 558-2836, Steven Bogart f G En EngMinchak/Forms/Map auth to record (6) December 4, 2006 -Council/Agency Agenda - Page 6 Bonanni Properties and D. S. Products for Tract No..16846, and authorize execution by the Mayor and City Clerk. Submitted by the Acting Director of Planning. Funding Source: Not applicable. Approved 7-0 E-4. (City Council) Approve Final Tract Map,No. 16682 of Tentative Tract Map No. 16682 (Sea Breeze Villas) Located at 16811 Roosevelt Lane, Accept Offer of Dedication,Improvements and Bonds and Approve Subdivision Agreement Between the City of Huntington Beach and;7-9-11 Downtown LLC for the Construction of 13 Townhome Units - 1)Approve Final Tract Map No. 16682 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements; and 2) Approve the Subdivision Agreement By and Between the City of Huntington Beach and 7-9- 11 Downtown LLC for Tract No. 16682, and authorize execution by the Mayor and City Clerk. Submitted by the Acting Director of Planning. Funding Source: Not applicable. Approved 7-0 E-5. (City Council)Approve Four Affordable Housing Agreements Between the City of Huntington Beach, and Bonanni Properties and D.S.Products Required As Part of the City's Approval of a 19-Unit Townhome Project Located at 19082 Gothard Street — Approve the Declaration of Conditions, Covenants and Restrictions for Property(Resale Restrictions) By and Between the City of Huntington Beach, and _Bonanni Properties and D. S. Products, and authorize the Mayor and City Clerk to sign and execute. Submitted by the Acting Director of Planning. Funding Source: Not applicable. Approved 7--0 E-6. (City Council) Authorize Expenditure of$5,000 for Activities Related to the City Administrator's Involvement in International City/County Management Association's (ICMA) "Preparing the Next Generation" (PNG) Initiatives Program Authorize the City Administrator to expend an amount not to exceed $5,000 for activities related to the 1CMA Preparing the Next Generation Initiatives from the currently allocated budget. Submitted by the City Administrator. Funding Source: Funds are available in Business Unit 10030101.68500. Approved 7-0 City Administrator Culbreth-Graft asked Police Chief Small to Report on Newspaper Article. Chief Small described a recent newspaper article pertaining to training exercises,and stated his comments were misrepresented or taken out of context. He explained his understanding was that the reporter would correct the mistake in print. Gkprdirianrs G-1. Ordinance for Adoption