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HomeMy WebLinkAboutFINAL TRACT MAP 16846 - GOTHARD STREET TOWNHOMES LOCATED AT RECEIVED BY: CITY CLERK RECEIPT COPY B Ed� TE to C2 -� ( ReturnCity Clerk's AOffice (Name)( i sc/Y'.' after signing/dating (Date) A,ofm CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' eid enrich, City Treasurer -- / �J FROM: %'�'�Z7V l_L_��'�J DATE: SUBJECT: Bond Acceptance I have received the bonds for NL 0AJ A) )'f t 22 LES (Company Name) l Faithful Performance Bond No. Labor and Material Bond No. e/9 SD Monument Bond No. Maintenance Bond No. Re: Tract No. lb 6 4, CC No. MSC No. Approved C)- Agenda Item No. Council Approval Date) City Clerk Vault No. _ #27 gJfollowuplbondletter doc 64-ers 1 ?c,- l0 E07-1 V Council/Agency Meeting Held: 2006 HE 22 P Deferred/Continued to )(Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: 12/4/2006 Department ID Number: PL 06-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: P LOP ULB City Administrator PREPARED BY: SCOTT HESS, Acting Director of Plannin /*.,/ SUBJECT: APPROVE FINAL TRACT MAP NO. 16846 OF TENTATIVE TRACT MAP NO. 16846 (GOTHARD STREET TOWNHOMES) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Final Tract Map No. 16846, located at 19082 Gothard Street (east side of Gothard Street, south of Garfield Avenue) is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16846 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 Bonanni Properties and D.S. Products, 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. 16846 and reject the offer of dedication, improvements and bonds." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/4/2006 DEPARTMENT ID NUMBER: PL 06-27 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: 19082 Gothard Street (east side of Gothard Street, south of Garfield Avenue) ZONE: Holly Seacliff Specific Plan (Residential Medium Density) GENERAL PLAN: RM-15-sp (Residential Medium-Density — 15 units per acre maximum - Specific Plan) NO. OF ACRES: 1.378 acres/60,025.68 sq. ft. NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 19 (attached townhome units) DATE OF COMPLETE APPLICATION: November 16,2006 MANDATORY PROCESSING DATE: December 18, 2006 DISCUSSION: On July 26, 2005, the Planning Commission approved Tentative Tract Map No. 16846 in conjunction with Conditional Use Permit No. 04-21 for the construction of 19, two-story townhome units. Tentative Tract Map No. 16846 is a 1.378-acre one-lot subdivision for condominium purposes. The subdivider has satisfied the park and recreation requirement for this project by paying $631,877.48 in park and recreation fees. The 15% affordable housing requirement for this project will be satisfied by assignment of three units within the project site. In addition, one density bonus unit is provided as an affordable unit. A total of four affordable units will be provided within the project site. The final map has been examined and certified by the City Engineer as beingin conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the Planning Commission,on July 26, 2005. -2- 11/16/2006 2:22 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/4/2006 DEPARTMENT ID NUMBER: PL 06-27 Environmental Status: - This action to accept Final Tract Map No. 16846 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 16846 with site plan 4 Tentative Tract Map No. 16846 Findings and Conditions of Approval 5 Final Tract Map No. 16846 6 Subdivision Agreement 7 Bonds Monument, Labor and Materials, Faithful Performance -3- 11/16/2006 2:10 PM ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16846 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16846 conditions of approval, as approved by the City Council. Reauirements• 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. 661118941 (Attachment No.7). b. Labor and Material Bond No. 661118941 (Attachment No. 7). c. Monument Bond No.661118942(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 SEEN M■■e■■®NSI' MEMNON MENEM ■®MEMO �j. ems■ ARFIELD AVE, v 3 - n ) "77 .:.`� a ` s ATTACHMENT #3 I _._. ..... ,— _ - - ————-. P JE T L CATION __—_____—_-- —__ —_—__ YICiNRY MAP II I _ MAY 3i zuu � 1 Q LEGAL DESCRIP77ON Lon is"f4 Nam a OF CMRRO A00111CW OF hUNrm'CiCN ff-c m w CAli a4H R PT P or Nlmnx2IDR 6EAgl,As sNoxM ox A MAP 1/ffREOF flECORJEO m PACES ANo M MISaUM'CWS MAPS ECMOS Di atA4CE"'NMAU FCRMA.. .. EACEPr IREiEFROM iNAl P,OPI:ri4 N SW uNo AS of SCRIBED m lla fC1AI oR0[R or CONBEMNAMW BY THE SIIPERICR dYMI W CA[dCwNl0.OMm1Y�ORM'4E, I.. CFNIol-M Ba amflR CA%N0.rWT4 ffECORDFD MAY 1,1001 AS mSiROMENT 1 NO..OF LOTS-1 1 I PROPOSEO DEDICATION TO CfTY y, .z OF FIUNTINCTON BEACH-1.400 SF=0.-A— ___._________________ 5001Y41'w _ IO0.oY__ il� SC4'IY41�_M .: ______ CROSS AREA 1.286 ACRES < --——m...a._.,..n= —a_..... �'..__ �.e..� ...�....W. _ _ NET AREA-1.254 ACRES _ .. - ..___�'fl-_- ..____.__ _..___ .... �EArsr acre we' 14x I w NEW -- A. S OCIYII'w IB)AY y S p01Y41 w TO W CLO fE GOIHARD STREET(MRA(V Y CRYSTAL STREET) TENTATIVE TRACT NO.16846 PREPARED UNDER SUPERVISION OF: OWNER: CONDOMINIUM PURPOSES DMSCONSULTANTS. OA>F:05/18/05 1�a�o"scn Basso GERGEN HOMES INC. 19082 GOTHARD STREET �6no ( a�°S4o=.eeao sezz Reeeorm Drlwa HUNTINGTON BEACH,CALIFORNIA Fan (TI4 )40-8843 H tligton S.-CA 92— ,N h"(714)825-1005 CITY OF HUNTINOTON BEACH SHEET I OF z s ATTACHMENT #4 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 16846/ CONDITIONAL USE PERMIT NO. 04-21 FINDINGS FOR PROJECTS EXEMPT.FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Section 15182 of the CEQA Guidelines because the City has prepared an environmental impact report for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or negative declaration is needed for a residential project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL TENTATIVE MAP NO. 16846: 1. Tentative Tract Map No. 16846 for the consolidation of two parcels totaling approximately 1.25 acres (54,600 sq. ft.) into one lot for condominium purposes is consistent with the General Plan land Use Element designation of Medium Density Residential on the subject property, or any applicable spec plan, or other applicable provisions of this Code. The proposed residential subdivision'for the development of 19 townhome units is permitted in the Medium Density Residential(RM) designation of the Holly Seacliff Specific Plan (HSSP). 2. The site is physically suitable for the type and density of development. The project density of 15.16 dwelling units per acre is compatible with the density of the surrounding developments. Furthermore the proposed development complies with the development standards of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) and the HSSP. 3. The design of the subdivision or the proposed improvements will not cause serious health problems I r substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project will comply with all mitigation measures identified in Environmental Impact Report No. 89-1_ 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large,for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 04 21: 1. Conditional Use Permit No. 05-21 for the construction of 19 two-story townhomes within five buildings consisting of three to four units and a 5.6 percent density bonus for the construction of one unit will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed site layout and design of the project properly adapts the proposed structures to streets driveways, and other adjacent structures and uses in a harmonious manner. The proposed development is designed in a manner consistent with development anticipated by the Holly Seacliff Specific Plan and the immediate area. Furthermore, the additional unit will not result in any adverse environmental impacts. The project will provide affordable housing to a segment of the population, which has limited available housing options at rates,which are affordable at the moderate-income level. (G\PCWaA\05\TfM 16846;CUP 04-21) Attachment 1.1 t 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project design is similar to the residential project located to the north and south of the subject site and is in keeping with the multi-family neighborhood. Furthermore, compliance with the mitigation measures of Environmental impact Report No. 89-1 and code provisions will ensure that the project will be compatible with other area developments. 3. The proposed 19-unit townhome subdivision and 5.6 density bonus will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located. The proposed residential units meet all code provisions, including setbacks, density, open space, and parking. 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 Residential Medium Density on the subject property. in addition, it is consistent with the following goals and policies of the General Plan: 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. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. The proposed project will consist of attached townhome units that have separate patios surrounding each entry area. The use of different colors and materials will break up the mass of the buildings and will delineate the entry to the units. The landscape palette will comply with the community theme guidelines of the Holly Seacliff Specific Plan and will ensure landscape continuity along Gothard Street LU 9 Achieve the development of a range of housing units that provides for the diverse economic, physical,and social needs of existing and future residents of Huntington Beach. LU 9.5 Provide for the development of housing for senior citizens,the physically and mentally challenged,and very low, low and moderate-income families. The project will be conditioned to provide a mixture of affordable unit types—three, two-bedroom units and one, three-bedroom unit to moderate-income families. The proposed affordable units will provide opportunities for the diverse economic needs of existing and future residents of Huntington Beach. HE 3.1: Facilitate the development of housing for low and moderate4ncome households, which are compatible with and complements adjacent uses and is located in close proximity to public and commercial services. HE 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. (GTPCW0A10517TM 16846:CUP 04-21) Attachment 1.2 HE 4.1: Mitigate any potential governmental constraints to housing production and affordability. The project will provide a total of 19 additional units. The type of units will include 15 market-rate units and four affordable units. The development is located in close proximity to existing commercial services located at the northwest comer of Main Street and Yorktown Avenue and the southwest comer of Goldenwrest Street and Garfield Avenue. The proposed density bonus will allow the development to maximize density on the subject property and provides affordable housing in return for the one additional density bonus unit. UD 1.1.2. Coordinate streetscape and landscape design in all residential neighborhoods to strengthen their identities. The subject site is located within the HSSP, which provides Community Theme Guidelines intended to promote individual neighborhood identities and promote the interrelationships between complementary land uses and community open space features. The dwelling units are oriented parallel to streets. The applicant proposes a 15 feet wide landscaped planter along Gothard Street consistent with the landscaping requirements of the HSSP and providing the neighborhood identity and interrelationship of the area. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16846: 1. The Tentative Tract Map No. 16846 for the consolidation of two parcels totaling approximately 1.25 acres(54,600 sq. ft.) into one lot for condominium purposes received and dated May 31,2005 shall be the approved layout. 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney, at least 90 days before City Council action on final map. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the Final Map: a. The draft Affordable Housing Agreement received and dated July 8, 2005,identifying four units as affordable(three of the total 19 for-sale units to comply with the HSSP requirements plus one unit for the density bonus pursuant to Section 230.14 of the ZSO), shall be amended by the conditions below, and shall be submitted to the Planning Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.26 and include: L Continuous affordability provisions for a period of 60 years. For-sale affordable units shall be owner-occupied (not rented or leased). . ii. There shall be three units affordable to moderate-income household levels(less than 120%of Orange County median) and one unit (density bonus) affordable to moderateAncome household levels(less than 120% of Orange Countymedian). The Orange County median income is adjusted for appropriate family size. iii. A detailed description of the type, size and location of the four affordable housing for-sale units on-site. There shall be three units with two bedrooms(Unit Nos. 6, 7, and 18)and one unit with three bedrooms(Unit No. 2). Units shall be located throughout the project. (G\PC\NOA105\TTM 16846;CUP 04-21) Attachment 1.3 The affordable units shall be constructed prior to or concurrent with the primary project. Final occupancy of the first market rate residential units shalt be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion of the affordable units_ 4. A privately maintained lighting system, consistent with City standards, shall be constructed along the private driveways in this subdivision. A photometric analysis shah be provided which demonstrates that such lighting will not negatively impact the existing or future residences to the north, south and west. SUGGESTED CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 04-29: 1_ The site plan, floor plans, and elevations received and dated May 31, 2005, shall be the conceptually approved design with the following modifications: a. A landscaped planter shall be provided along the rear property line at the end of the main drive aisle between Building C. and D. The landscape planter shall accommodate a three-foot turn around area for Unit No. 13. b. The proposed walkway located along the northerly property line at the end of the drive aisle between Building Band C shall be replaced with a landscaped planter. c. The private patio walls for Buildings A, E, and D shall be reduced to a height of 43 inches and the columns shall remain at a height of five feet. The circular finials on top of the columns shall be removed and the decorative caps shall be increased in scale. d. Buildings E and B shall be each provided with a different color scheme to create village feeling. Final design shall be reviewed and approved by the Planning Department. e. The proposed split face block wall located along Gothard Street shall incorporate at least two of the following design features, in proportion to the length of the wall: i. A minimum 2-ft. change in plane for at least 10 ft. ii. A minimum 18-inch high raised planter for at least 10 ft. iii. A minimum 18-inch change in height for at least 10 ft. iv. Use of pilasters at 50 ft. maximum intervals and at changes in wall planes f. The main entrance of the site shall be enhance by providing a four ft.wide landscaped planter along the southerly property line for the first 30 ft. of the property. 2. The 15 ft.wide landscaped planter along Gothard Street shall be planted with 36-inch box evergreen trees (such as broadleaf evergreens)which will be maintained by the Home Owners Association to effectively screen the residences from existing industrial uses to the west. Tree maintenance shall be in accord with the International Society of Arborists(ISA) standards; lopping" is not permitted. Screening shall be from the top of the wall to the highest point of the tree without"topping"the tree. 3. Prior to submittal for building.permits, the following shall be completed: a. Submit a copy of the revised site plan,floor plans,elevations, and color schemes pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. Zoning entitlement conditions of approval and applicable code requirements shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of (G\PCWOA\05\TTM 16846;CUP 04-21) Attachment 1.4 building permits(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 4. Tentative Tract Map No. 16846 and Conditional Use Permit No. 04-21 shall comply with all applicable mitigation measures of FEIR No. 89-1. INDEMNIFICATION AND HOLD HARMLESS CONDITION; The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shalt defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost,including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G>PCINOA\05\TTM 16846;CUP 44-21) Attachment 1.5 ATTACH M ENT #5 ..ALL OF TENTATIVE TRACT NO.16846 - .ACCEPTED AND FILED AT THE SHEET 1 OF 3 SHEETS : REQUEST.OF NUMBERED LOT 1 ORANGE COAST TITLE COMPANY TOTAL.UNITS:19 DATE TOTAL ACREAGE ,^( - TIME FEE S, GATE OF.SURVEINSTRUMENT NO. ACREAUOUST 20 5 AM ES TRACT ACT NO. 16846 BOOK-PAGE OF MISCELLANEOUS MAPS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA TOM DALr BEING A SUBDIVISION.OF A PORTION OF LOTS 13&14 IN BLOCK'B'IN'GARFIELD STREET ADDITION TO HUNTINGTON COUNTY CLERK—RECORDER '. BEACH'IN THE CITY OF HUNTINGTON BEACH AS SHONN ON A MAP RED IN BOOK 7,PACE 27&2B OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA BY:.. DEPUTY WALTER F. LUNDIN,L.S. 7707 DMS CONSULTANTS FOR CONDOMINIUM PURPOSES OWNERSHIP CERTIFICATE CITY ENGINEER'S STA M NT. WE,THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST. I HEREBY STATE THAT I HAVE EXAMINED THE.ABOVE REFERENCED.MAP.AND HAVE FOUND IN THE LAND COVERED BY THIS MAP,DO HEREBY CONSENT TO THE PREPARATION IT TO BE SUBSTAN7ALLY IN CONFORMANCE WITH THE TENTATIVE MAP,IF REQUIRED;AS AND RECORDATION OF SAID MAP,AS SHOWN M17HIN THE DISTINCTIVE BORDER UNE FILED WITH,AMENDED AND APPROVED BY.THE.CITY PLANNING COMMISSION;..THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN IRE HEREBY DEDICATE TO THE OTYOF HUNTINGTON BEACH: COMPLIED WITH. T.THE ALLEY AS SHOWN ON THIS MAP. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE 2 A BLANKET EASEMENT OVER LOT 1,FOR POLICE,FIRE AND EMERGENCY SERVICE APPROVES THE MAP AS TECHNICALLY CORRECT. ACCESS PURPOSES DATED THIS-DAY OF 2006. WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH TRAMS K.HOPKINS BY 3. ALL VEHICULAR ACCESS RIGHTS TO GOTHARD STREET EXCEPT AT LOCATIONS CITY ENGINEER R.C.E NO.60560 APPROVED BY THE PLANNING.COMMISSION. CITY OF HUNTINGTON BEACH CORATION DATE:12/31/06 BONANNI PROPERTIES AND Da PRODUCTS,A CALIFORNIA GENERAL PARTNERSHIP SURVEYOR'S STATEMENT ME NA : NAME: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS.BASED UPON A FIELD. TITLE: TITS.. SURVEY IN CONFORMANCE IMTH THE REQUIREMENTS OF SUBOVISION MAP.ACT AND LOCAL ORDINANCE AT THE REQUEST OF FRANCES.HB I,LLG;A CALIFORNIA.LIMITED LIABILITY COMPANY HOUSING CAPITAL COMPANY,A MINNESOTA PARTNERSHIP,BENEFICIARY UNDER.DEED OF. ON AUGUST 2005. TRUST RECORDED SEPTEMBER 19,2005.AS INSTRUMENT NO.2005000739097:O.R. I HREBY STATE..THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITION INDICATED,OR.THAT THEY WILL BE SET IN SUCH POSITIONS AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS To THE CONDITIONALLY- BY BY: APPROVED TENTATIVE MAP. NAME, NAME: TITLE: TITLE:NOR T.AND lt9�gti IMF` TRUST ESCROW SERVICES,INC..A,2005RAS CORPORATION TRUSTEE UNDER DEED OF y REGISTRATION DIN,LS:12 71RUST RECORDED SEPIEMBER 19,2005 AS INSTRUMENT N0.2005000739098 O.R. RECIS7RARONEXPIRIS:12/31/O6 e} NAME:.. -NAME TITLE nTIE; -. CITY CLERK'S.CERTIFICATE.. STATE OF CALIFORNIA ) COUNTY TREASURER—TAX COLLECTOWS CERTIFICATE ) SS - STALE OF CALIFORNIA ) COUNTY OF ORANGE )SS I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR.APPROVAL.70 THE CITY COUNTY OF ORANGE ) COUNCIL OF THE CITY OF HUNDNG70N BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF : 2006, AND THAT THEREUPON I HERY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE M SSED, ORE ARE NO SAID COUNCIL DID,BY AN.ORDER DULY PA AND ENTERED,APPROVE SAID MAP. D EBENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID - STATE,COUNTY,MUNICIPAL OR LOCAL TAXES OR SPECAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES.NOT YET PAYABLE AND DID ACCEPT ON BEHALF OF THE CITY OF HUN77NGMN BEACH: AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF. 1. THE ALLEY AS DEDICATED THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH-REGARDING DEPOSITS TO 2 A BLANKET EASEMENT OVER LOT 1,.FOR POLICE;FIRE AND EMERGENCY SERVICES SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE ACCESS PURPOSES LAND COVERED BY THIS MAP. 3 THE VEHICULAR ACCESS RIGHTS TO GOTHARD STREET AS RELEASED AND DATED THIS DAY OF .2DO6. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SEC77ON (DAY) (MONTH) 66436(a)(3XA)@ OF THE SUBOWSION MAP ACT. &IN M.W.MOORLAOH DATED MIS DAY OF 2006 GOUNTYTREASURER—TAX COLLECTOR BY DEPUTY TREASURER—TAX COLLECTOR - JOAN L FLYNN,CITY CLERK. BY CI7Y OF HUN77NGTON BEACH DEPUTY PITY PLANNING COMMISSION CERTIFICATE 1,SCOTT HESS.SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNnNGTON BEACH,CALIFORNIA,W HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE:MAP FILED - - WITH,AMENDED AND APPROVED BY THE HUN71NGTON BEACH CITY PLANNING COMMISSION. DATED THIS DAY OF ,20D6. (DAY) (MORN) NOTE- SEF SHUT 2 OF 3 FOR NOTARY AC MIR.EDCEMOVTS SCOTT HESS.SECRETARY CITY OF HUNTINGTON BEACH PLANNING COMMISSION- COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAW EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROW-70NS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM.SARSFlED SAID MAP.IS TECHNICALLY CORRECT. DATED THIS -DAY OF 2006 RAYMOND L MAINE COUNTY SURVEYOR LS.6185 EXPIRA77ON DATE O/H/OB - ALL OF TENTATIVE TRACT.NO.16848 SHEET 2 OF 3 SHEETS NUMBERED LOT 1 - TOTAL UNITS: 19 - TOTAL ACREAGE: DATE F SURVEY: ACRES G NET=1.254 ACRES TRACT- N:O. 16846 .. DATE OF SURVEY: AUGUST2005 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNIA BEING A SUBDIVISION OF A PORTION OF LOTS 13&14 IN BLOCK'B'IN'GARFIELD STREET ADDITION TO HUNTINGTON BEACH'IN THE CITY OF HUNTINGTON BEACH AS SHOWN ON A MAP FILED IN BOOK 7,.PACE 27 k 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE.COUNTY RECORDER.OF ORANGE COUNTY,CALIFORNIA WALTER F. LUNDIN,L.S. 7707 DMS CONSULTANTS FOR CONDOMINIUM PURPOSES NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON THIS BEFORE ME PERSONALLY APPEARED PERSONALLY IOIOWN TO ME(OR PROVED TO HE ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO BE: WITHIN INSTRUMENT AND ACKNOKED E'D TO ME THAT HE/S VWEY EXECUTED.THE SAME IN HISIlf"EIR AUTHORIZED CAPACITY(IES),AND THAT BY HIS/HER/TNEIR SGNATURE(S)ON THE INSTRUMENT THE PERSON(SZ OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. WT7NESS MY HAND AND OFFICIAL SEAL SIGNATURE NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ON THIS BEFORE ME PERSONALLY APPEARED PERSONALLY KNOWN TO ME(OR PROVO TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WHIN INSTRUMENT AND ACKNOMIDGED 70 ME THAT HE/S7E/MEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY HISMOITHOR SIGNATURE(S)ON THE INSTRUMENT ME PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT... MTNESS MY HAND AND OFFICIAL SEAL - SIGNATURE is NOTARY ACKNOWLEDGMENT _ S7-A7E OF CALIMRNIA COUNTY OF ON THIS BEFORE ME PERSONALLY APPEARED PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SA71SFA-Y EVIDENCE)TO BE THE PERSON(S)M10S=NAME(S)IS/ARE SIBSCRIBED TO THE MIMIN INSTRUMENT AND ACKNOMEDGLD TO ME THAT HE/S EITHEY D ECU7ED.THE. SAME IN HISMER17HBR AUTHORIZED CAPACITY(7ESJ AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S),OR T7E"ENDTY UPON BEHALF OF M4CH WE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. M7NESS MY HAND AND OFFICIAL SEAL SIGNATURE ALL OFNUMBERED TENTATIVE TRACT N0.16846 O. .� SHEET 3 OF 3 SHEETS TRACT TOTANI LOT T .TOTAL UNITS:19 TOTAL ACREAGE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,.-STATE OF CALIFORNIA .GROSS=1.287 ACRES&NET=1.254 ACRES DATE OF SURVEY:AUGUST 2005 FOR CONDOMINIUM PURPOSES GPS PUNT NO. AUGUST 2005 ,WALTER F. LUNDIN. L.S. 7707. PER RECORDS ax FILE w TRE silo:of aRAxRs aqua wxvE,'aR.Fn UPS POINT NO,sOsl r w WIN BRASS TAG.STAMPED RGE 12539'ON OZ IN WELL MONUMENT. PLR.CAR RE z -1aa1 w RIF w NNE ¢of THE ORANGE COUNTY ACCEPIEO AS a.WITH Ox DP GOLDEN WEST ST.a GARREID AVE, sJNYEYDR.FO 3'CITY OF HUNTINGRAN BEACH CIS(STAMPED'S'w calla ON O.W IN N 2197930.MR YF11 MONUMENT.ACCEPTED AS CL wnitSECnaa OF MAN Sr.SOUTH&GARFlDD AVE. E 6027464.894. FD 2-IP WRH WIEGBLE TAG.IN Wdt N 097917.01 MONUMENT.ONib-PER TRACT I. f0 YNP NTRILIEDBLE TAa STAMPED OM 8030022832 5'�(S. 860/25-26 LW.ACCEPTED AS 5 FT BASE BEARING N8943'03-W T5m 06'GROUND(255797 GRID) I N ON WELL MONUMENT,ON IS-PER TRACT '132ai3' 132ai /� SET TO CL INT.GARRET➢AVE&CRYSTAL ST. t 1URFMD AKIKE 16497.BK BfiW26 M.ACCEPTED AS CL WL GA TIEID AVE&HOLLY ST. ��' .,M. (65847') S89'43.03'E 60a46' (600.46) n Y �300.Z3 300.23-30a23�—— _. THIS SHaSEE � :�r\,U, I I I I I I I �DsW H A wT0.1 BEACJI PU I 1 3�.�•L�DD9a( — —,,, ._-- I � SNl2.57'E 2W.2T ALEY m _ t 20D1r FINAL ORDER Of caWDR aTImN 1&coROm $ MAY i,Ram-AS wSRNNENT NO. .. 2D01-027i799 MONUMENTN07ES m ACCESS PoGNT ID GOTHARD SL RFIEASEO&- ' - I _` REUNOA9RD TO THE CITY CE HUNIwGTON J - 8 m ...W INDICATES FOUND MONUMENT AS NOTED HEREON. -: BEACH DEEPT AT APPROVED LOCATIONS V� I- 8 0 INDICATES SEARCH AGED POUND NOIHM SET r ED.PLUSH I_ m bE� __ NTH TAGGED LS.7707 UNLESS MERMSE NDPED.1 Ss I{ LOT 1 �- © INDICATES FOUND ORANGE.COUNTY SUIHEYONS HORIZONTAL it Tn UM a CONTROL MONUMENT PER RECORDS ON FILE IN.THE. CE OF g 1.254 ACRES NET " �` $ 7NE ORANGE COUN1Y SIIRVEYat lwlE55 ORIERWSE NOTED. W m !. .� rF r IRON PPE WIN TAG STAMPED%S 7707.OR SPOT AND - - m WASHER.STAMPED'LS AT Al OR.LEAN AND TAG STAMPED 0 770T TO BE SET L ALL OF BOUNDARY IMPROVEMENTS WTIiw 90 DAYS 6 IIfE f%BIpILRON OF IMPROVpNEN1S. I a 3 e m U.aa,s1YA�Y G W- Y 26af fSGORD DATA AND REF-NOTES:: yNly I �.OU. 5894Y43-E 300.17 (3Iq.W'f (� PER TRACT Na 16W RECORDED IN SK 860/25-26 MM as CALCULATED FROM RECORD. oiP' S I I [] PER PARCEL MAP 2ODD-207 RECORD INPMB 325/35-37.AS I. F3 CORRECTED BY THE CERTIFICATE OF OURRECTI RECdnRD 3 MARCH 2O04 AS DOCUMENT.I 2004=97305 O.R. aIS I Ig 1 j PER Ga07ELD STREET AMDInai TO HUNIINGTON SUCH MAP I ED SPK TAM ga RECORDED MM 7/27 2B I LS 3347. REP. FDYB153347PER .I. TRACT 16497 I. BK ysuQ jFy I /"I 4. N45174TE 0.14'.860 ON�B 28 MM, FD NOTHING, ED NAR&rac is nD7 w wnu. k 89'4Y3Bw ICI BY PRORATION IR UEU OFQ7 W M UP PER/25-z .77(SEA) —NB9.42'36_W YJ11.14_(30U.14)_ — — NB9YY36YN 30a17 171—— 2.80'(2b0� 347 PER TRACT 18497FD 27 P LS 3BK 860/25-26 MM I}- 202a s, C . —.\ N4T4733 RPD N07'SP36-W 0.04• 3B FO NAIL&TAG LS 7707 w WAL• `..y /. y� ESTAwJSED INTERSECTION a EXTENDED saml ,sag ecEU 7 27%zs- MM PER G U NE.OF LOT TO WTH DIE DED EAST LIKE OF TD' .LOT 30 PER GARRSUD STREET ADDITION TO I HUNTINGTON BEACH MAP RECORDED MM 7/27-28 401 :'N Pz.""y `�� y BASIS OF BEARINGS 4,^ 00 LL_ _� e� O' THE BEARINGS SHOWN HEREON ARE BASED — ———— '//. 9`^ ON THE BEARING BPS NO W51 STATION .. AU ]I CONTROL 5TA2 BEING NO.3'03 &STATION /' CPSRECORDS NO. OF BEING HE OFFICE PER RECORDS OF FILE IN THE OFFICE OF THE AD� /<4 " � I �. ORANGE COUNTY SURVEYOR. \ 3ED SEIKE&WASHER LS 3347 PER DATUM STATEMENT TRACT 16497 wG 86026 MM. COORDINATES SHOWN ARE BASED ON THE Ig I j �Y y FLUSH ACCEPIID AS CL P CALIFORNIA COORDINATE SYSTEM(CCS83), v�yy" I ZONE M.1983 HAD,(1991.35 EPOCH OCS GPS ADJUSTMENT).ALL DISTANCES SHOWN r ARE GROUND.UNLESS OTHERWISE.NOTED. TO OBTAN GRID DISTANCE MULTIPLY GROUND DISTANCE BY 0.G9996482 E I I � PIT r e NTH TLEOBIS TAG, IN WELL MONUMENT,ON ED SPK&W.5 3347 PER k m I I PER TRACT,649,BK BED/ PI 2DD 29 PMS 325/35-3] / / WlElTO ACCEPTED AS AVE.&CRYSTA:ST. �h I xB9'43'0 6 660.47 6604 4 Sw- GARnEU)AM PER TS2 8K%0/ iD' ° SCALE: 1"=60' I �i S t: s \ max 4 q Joo �o tr,� o � �' As• ;y a \ ls7o.6OJ67 ED SPK&YIA4IER Ls 337 PER e'g iTF TRACT 1649]8K 860/25-26 MMj`:m FD 1'IP OPEN pUjG,L C 6 ON w UEU OF ACT I WIH 2 S694YD1'�2O&-7 �7T�2DB�— g$ W aSOSTIC PLDG,M.OF C TE PER TRACT C ION - eK 66o/2s-ze MM. CL Y NE INTERSECTION R.. OF BAY AVE.AYE.see'4Ym'E aD7 DETMIS'A" .. . . CLAY AVENUE - /. MIS 291J8' (291.8y) .. _ 368.22' 36&22*) ED SPACE&WASHER LS 3347 PER TRACT 16497 N89'42.0-W 66a1I (66QiJ BK B60 28 MN FLU91 ACCEPTED AS a_MT.CLAY FO 2-RIP Wni ILLEOB�E TAG.w V£LL MONUMENT, AVE AN[1 GOIHARD ST. DN T2'PLW 1RACT l6a9]9K 860/ 26 MM. ACCEPTED AS CLINT.CLAY AVE ANO MAN Si. ATTACHMENT #6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND Bananni Properties & D.S . Products FOR TRACT NO. 16846 THIS AGREEMENT ("Agreement") is entered into this day of GE/'�Bt 2 006 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,hereinafter referred to as "CITY," and Bonanni Properties & D, S . Product�sa California ,/tom General Partnership hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 16846 ; 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/fonns/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 o£ streets, including excavation, paving, curbs, gutters, sidewalks,trees and landscaping; sewers,including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER., CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter wails and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/6/15/04-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, 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18.01/6/15/04-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 Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of One hundred twenty five thousand Dollars ($ 125 , 000 , O , 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 Sixty two thousand five hundred Dollars ($62, 500, 00�, which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of- Cash, certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this,security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing 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 10-18-01/6/15/04-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 subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other'communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/forms/subdiv 10-18-01/6/15/04-A TO CITY: TO SUBDIVIDER: City of Huntington Beach Bonanni Properties & D. S , Products 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/forms/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 party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 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, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all agree/forms/subdiv 10-18-01/6/15/04-A I 1 prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. SUBDIVIDER, n BB rNANNI_ PROPERT�'X& S, INC.`, r CITY OF HUNTINGTON'BEACH, a Gv-r' / / municipal corporation of the State of California Genera ar n , d a w A By ATTEST: print name ITS: (circle one)Chairma residen ice President AND U City;Clerk 01-1 By: APPROVED AS TO FORM: , pri ame ITS: (circle one Secretary! hief Financial Officer/Asst. City Attorney �G -?,qk Secretary—Treasur INITIATED AND A PROVED; REVIEWED AND APPROVED: City E gineer A=L'-2i Administratoor agree/forms/subdiv 10-18-01/6/15/04-A 12 ATTACHMENT #7 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Cleric's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH' INTERDEPARTMENTAL COMMUNICATION TO: Shar eidenrich, City Treasurer FROM: { .J 6�7-7 ' DATE: �L to SUBJECT: Bond Acceptance have received the bonds for Al — (Company Name) l� Faithful Performance Bond No. l 46 zzz Jy Vz Labor and Material Bond No. � Monument Bond No. Maintenance Bond No. Re: Tract No. z6 rZ4 CC No. MSC No. Approved Agenda Item No. k (to—unc-W Apbrovbl Date City Clerk Vault No_ . #27 gJfollowup/bondletter doc Premium Covers a 2 year term annual renewal premiums due thereafter until bond is released by the City BOND NO. 661 1 1 894.1 PREMIUM $3 F 000 .00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Bona ni Pro e ties and Da Prgdgcts, (hereinafter designated as "principal") have entered into an agreement whereby principal agree to install and complete designated public improvements, which said agreement, dated 20 , and identified as identified as project TR No. 16 8 4 6 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore,we, the principal and Lincoln General Insurance _Company As surety,are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", One Hundred and Twenty Five the penal sum of Thousand 00/1 00 dollars ($'125 000 .00` lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attor ey's fees incurred by"City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, 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 any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 2 3 rd 20 06 Bonanni Properties and DS Pro cts, LLC as Principal E'l/ n By By Li o Gen ral ]insurance Co. , a Surety B By reJim Attorney-i Ofact AT&I OVED AS To ORM jIF R McGRATH,A�M4�y1�� Bond#661118941 LINCOLN GENERAL INSURANCE COMPANY PONNTR OF ATTORNEY KNOW ALL MEN BY TIJESI PR ENTS;That Lincoln General Insurance Company,organized and existing by virtue elf the Laws of the Commonwealth of'Put.nsvivania,does hereby nominate,constitutc and appoint; George Jimenez,James Olsen, Hope Olsen, Rosita Ciccolini Its true and lawful Attomcy(s)-in-l-act to sign,seal and execute for and on its behalf,as surety bards,undetfakings;and other obligatory instm atnents oS'similar n3tute>rrrtd t+>bind it thereby as fully and.to the s<tnre ea€tt rt ds if such instruments vi ere signed by-a duly authorized officer of the corporation,and a]I the acts of said Attc.}rttcy,pursuant to the authority hereby given are hereby ratified and-coniirtned. RESOLVt'D that this Power of Attorney is granted and is signed,sea]ed and notarized with facsimile signatures and seats under authority of the following resolutions adopted by the Board of Directors of Lincoln general Insurance:Company on Lhc 4"'day of Septe}liber,2002: RESOLVFD that'lie President,an Executive or Senior Vice President,or any Vice.President of the-Company,togolter with the Secretary or any assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s):rained as Attorneys)-in-Fact to date,execute sign,seal and deliver on behalf of the Company;fidelity and surety bonds,undertaking:,,and other sin}ilai contracts of suretyship,and any related docutncnts. RESOLVED Fl iR-HIER that the signatures of the officers making flit:appointment,and the si rttiture of any officer certifying the;validity and current status of the appointment,may be facsimile representations of those:signatwes:and the signature and sea] y of any notary.and the seal of the Company,v be hicsirmle representations of those signatures and seals;and such facsimile representations of those si.-natures and seals, and such facsimile rcpresentatimrs,shall,have he same force and effect:as if manually affixed. I'he facsimile representations:referred to herein may be affixed by starriping printit g,typing or photocopying IN WI1'NHSS 4Ul-lL-FtEOF,Lincoln General Irisutince Company has caused its corporate seal to be affixed and these presents to be signed by its duly authorived officers this 13`h dayof October,100.4. 4�a�,uu'itN�zurn,,,�rr p"........ OPATE $rya 1977s Sc c tctczr}° P"s r,"r �ut(lJlftirit}t}+riti� On this 15rh day of October,20(9 before nit personally came John T.Clark,to rite known,who being duly sworn,did depose acid say:that he is the President of the Corporat on described in and which execs}ted the ahi ve instrument:that be 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 df'said Company;and that he executed the said instrument by like order and authority and the sanic was his free act and deed 'Fbe Co rf nom}vealth of Pennsylt:an W. York C lawi'ty H0VAq SEAL Nff Notcoy Public =7tKR1VACST w I,Garr.I. Orrdorff,Secre:ary of Linf-vin General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and fore oingt is a:full,true and cor et copy of Power of Attorney issued by said Company,and of the whole of the on inal and that the said Power of Attorney is still in full force and effect and has not been revoked, and furtherinored}at the Resolution of the Board of Directors,set forth in the said Power of Attorney is racy in force_ I !t f]l ES:S W'BEREOF, l have hereunto set tray hand and affixed the seal of said Company:, at York, Pennsylvania, this 23rd d}y.of Au st.._ 20-_. ```�'.liltill}HtIrt71J(fljr� - �`,�x� �riV% " oRarf �j. %% Go1g ...._... _ Z; 1977 a 0 � Bond #661 1 1 8941 f`ffff?'� ,((trnru t``S r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } ss. County of LOS ANGELES } ss. On 8/23/2oo6 beforeme, Anthony Khotsikian NOTARYPUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,NOTARY PUBLIC personally appeared George Jimenez ATTORNEY-IN-FACT` ® personally known to me proved to me on the basis of satisfactory _ _ evidence ANTHOW KHOTSIKIAN commisslon#1472651 to be the person(s) whose name(s) is/are z;-� Notory Public California subscribed to the within instrument and Los Angeles county acknowledged to me that helshe/they executed My COMM.ExpirW Feb 26,20081 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: /J. WITNES my ha offi Place Notary Seal Above of u OPTIONAL Though the infom7ation below is not required 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 Signer's Name: M. ❑ Individual r • ❑ Corporate Officer-Title(s): Top of Thumb here ❑ Partner— ❑ Limited ❑ General ® Attorney in fact 11 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ®7:999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9 13 1 3-2402 www.nationalnoLa y.org Prod.No.5907 Reorder:Call Toll-Free I-SM876-6827 JEANICE A EXiB MC FAIU. COMMWOM#t 161"M Notary PVW•CaNfanNp STATE OF CALIFORNIA ) Orange County SS My cam.bpk"NOV$I COUNTY OF ORANGE ON : Q tj Q2(A2 , BEFORE ME, 7Te i r 1 f.A,LP ,ddct s { A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED EM._A c in of�a h i6 AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY C IN AND FOR S 1D STATE IN —COUNTY (NAME PRINTED) MY COMMISSION EXPIRES Y 00 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, 661118941 PREMIUM _ PremWm Inc uT di n Performance Barad LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Bonanni Properties and DS Products LLC (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 TR No 16846 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 Sixty Two Thousand referred to in the aforesaid Code of Civil Procedures in the sum of Five Hundred 00/100 dollars($ 6 2, 5 0 0. 0 0 ), for materials furnished or tabor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation Shall become null and void, otherwise it shall be and remain in full force and effect, The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 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 August 2 3 rd - ' 20 06 Bonanni Properties and DS Products, LLC , as Principal By:_Erl, By: LincaT�h-`­Gera1nTnsuranQe Company as Surety By: By: George Jime z Attorney-in-fact nT .➢���iNI R MVc f mY Hnomey Bond#661118941 LINCOLN GENERAL INSURANCE COMPANY PCI'tVER OF ATTORNEY. KNOW ALL k4F N ICY'1"l- sE Pttli,SI NTS;That Lincoln General Insurance Company organizer]and existing by virtue of'the Laws of the Commonwealth of'Pennsvavania,does hereby nominate,cons itcttc and appoint-.' George Jimenez, James Olsen, Hope Olsen,Rosita Ciccolini Its true and lawful Attorneys)-in-Fact to sigh,seat and execute for and on its behalf,as surety,bonds,undertakings;and other obligatory instruments of'similar nature,and to bind it thereby as fu1.ly aird to the sam extent as if such instruments were signed by a drily authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confrmed. RESOLVFD that this Power of Attorney is granted and is signed,scaled and notarized with facaitttilesignatures and seats under authority of the following resolutions adopted by the Board of Directors of Lincoln Concrat Insurance Company on the 4"day of Soptember,2002. RESC)l.VFD that the President,an Executive or Senior Vice President,or arty Vice President of the Company,together with the Secretary or any Assistant Secretary are tterclsv authori 1 to'execute P€IwGrs of Attorney appointing the person(s) named as Attorneys)-in-Fact to date,execute sign,seal and deliver on behalf of the Company;fidelity and surety bonds,tin.4 tt kings,and other similar contracts of suretyship,and any related dociunents: RESOLVED I€JR-I TER that the signatures of the officers making the appointment, and tole signature of any officer certifying the validity and current status of the appointment,may be facsimile representations-of tbtisp signatu€es;and the signature and seal' of any notary,and the seal of the Company,may be,facsimile representations of those signatures:and seals,and such facsimile representations of those signatures and scats,;and such facsimile representations shalt have he saamc force and effect as if manually. affixed. The facsimile representations referred itr.hercin may be affixed by statil pirig,pmating,typit or phtrl acopying, IN WITNESS WHEREOF,Lincoln General lnsurance Company has caused its corporate sisal to be<affixed and these presents to be signed by its dilly authorized officers this 15,'h day of October,2004. 0otlnTs o j 1977 o .SeGI•t;rctr-�� 1�7*�.�el�1 .mac? `t��.,Yla� Hfl+i Ifni llul�f�"`�` On this I i"clay of October,2004,before rite personally calve John T.Clark,to nie kntaFvn,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 seat affixed to the aforesaid instrument is such corporate seal'aud was;affixed thereto by or4er and,authority of the Board of Directors of said Company'and that he executed the said instrument by like order and autilority and the salve was his free act and deed. The Commonwealth of Pennsylvania York County JWNEE C KRIVACST Notes PVW YORK MYORK COWTY C Oct 29,2006c 1,Gary.l. Omdorff.Secretary of Lincoh-f General Insurance.Compativ,A Eorporaticln.rafthe Commonwealth of Pennsylvania Tics hereby certify that the above.and foregoing is a.full,true and correet copy of Power of Attorney issued by said C'ohipany,and of 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 furthermore-that the Resolution of the Board of Directors,scat forth in the said Power of Attorney is mmv in force. IN `,4I i NE>13 WHEREOF, I have hereunto set my hand and affixed the seat of said Company, at York, Pennsylvania, this 23rd <I<ty of August \1��tu�t777tu7tg11�llrrJj` r ° or if'k✓?,�o sfi — - Serlcrrv' z 0: 10 — A,P z 0' '%YO Bond #661 1 1 8941 ........ f,����I1plttltlgiitUll�l�,��` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA }ss. County of LOS ANGELES } ss. On 8/2 3/2 0 0 6 ,before me, Ant hone Khoi s iki an - NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,NOTARY PUBLIC personally appeared George Jimenez - ATTORNEY-IN-FACT ® personally known to me ❑ proved to me on the basis of satisfactory evidence ANTHONIY KHOTSiKIAN Commission# IT SI t to be the person(s) whose name(s) is/are Notary Public_CaNtornia subscribed to the within instrument and LIDS Angeles county - acknowledged to me that he/she/they executed My COMM.E=kmFeb26 20pf3 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 ha ffici Place Notary Seal Above ig _re of llotary ubltc 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: ❑ Individual ❑ Corporate Officer-Title(s): Top of Thumb here ❑ Partner- ❑ Limited ❑ General ® Attorney in fact ❑ Trustee ❑ Guardian or Conservator Other: Signer'is Representing: ®1999 National Notary Association•9350 De Soto Ave-,P.O.Box 2402•Chatsworth,CA 91313-2402-www.mtionaimtmy.org Prod.N.3907 Reorder.Call Toll Free 1.800-876-6827 ir��r..:..r�r� If JE/1NpCE ALEXIS MC Fg11. CommAslon#► 1619eb3 STATE OF CALIFORNIA omngo •cattonNa SS Nh►C r:xpi mw$, COUNTY OF ORANGE ) ON R- P q Q C,0 , BEFORE ME, :aeicv,i re ,,41 aj LS / 1 A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED D caraoyl�r t AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY U,BL C ANAND POR A STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 00 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. '661118942 PREMIUM 1 00.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Bonanni Properties and DS Products , LLC As Subdivider of Tract No. 16846 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Bonanni Properties and DS Products, LLC (Subdivider) as principal, and Lincoln General Insurar}c Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of Two Thousand Five Hundred 00/1 00 $ 2, 5 0 0. 0 0 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 23rd day of August , 2006 Bonanni.:Pro' ertigo . acid Da ,Produ is LLCas Principal By: By: Lincol eneral T surance Company , as Surety By/ ( c-) �- -- By: e r�eJi�enez Attorney-in-fact r` Bond #661118942 LINCOLN GENERAL IN8URANCE COMPANY P 'Iu OF ATTORNEY KNOW ALL MEN BY THESE PRI?.SENTS;That Lincoln General and existing by virtue of tine Laws of the Commonwealth of Pennsylvania,does hereby n,gmi,lnate,constitute and:appoint; George Jimenez, James Olsen, Hope Olsen, Rosita Ciccolini Its trite and lawful Attorney(s)-in-Fact;to sign;seat and execute for and on its behalf,as surety,bonds,undertakings,and of ter obligatory instruments of similar nature,and to Bind it thereby as fitly and.to the wine extent as"if such instruments were signed by a duty authorized officer of the corporation,and all the acts of said Attnruey,pursuant to the authority hereby given are hereby ramified andeonfirmed. RI SOLV'I f)that this Power of Attorney is granted and is signed.seated and rotari7ed with facsimile Signatures and seats under authority-of the following resolutions adopted by the Board of Di recto of Uncolo General insurance Company on the 0 dry of Septerrnbcry-2(X)I- RI SOLVED that the President,an Executive or Senior Vice President,or Any Vkci President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(-;;) named as Attorneyts3-in-fact to,date,execute sign,seat and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents RESOL�e E FURTHER that�the.sfgnatures of the officers makingg tttc appointment,and tlnr;"si nature of any officer�ertifyit the validity and current status of the appointment,rrnay be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Cornpany,may be fmitatife representations of those sibmatures and seals,and such facsiimile representations of those si nattnres send Seals,;still such finosim to rcpre .tatatlons shall have -the sarric force annd effect as if manually affixed. 'I'tae facsirttile representations referred fta hereinanaybe affixed by stamping,printing,typing car photocopying: IN WITNESS WHEFtEDF.Lincoln General Insurance Company has caused its corporate seal to be aftlxed and these presents to be wig ned by its duly authorized officers this 13`t'dray of O toben 2004. �t�,�aa++tttnaifn�j�� LINSII ~� re04 y M. 1977 ''`���411/1Nftttl*IlitDih��`�� On this t;t�day of October,2004,before me personally came John T.dark,to the 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 knows the seat attixcd to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Campany;and that he executed the said instrument by like order and authority and€he same-was his free act and deed, 1lie Commntmwealtf of Pennsylvania. York County rrYriYO �YFw " S.M _ RE WE L KRIVA SY MV ttti ton Expim 00t 29;2 r 1,Gamy I. Ormlorff,Secretary of Lincoln General Insurance;Cor ipany,a corporation of the Commonwealth ommonwealth of Pennsylvania do herchy certify that the above and foregoing is a fall,true and correct copy of Power of Attorney issued by said Company,and of the whole of the oriManal and that the;said Power of Attorney is still in full force and effect and has not been revoked, and funhernnore that the Resolution of-the Board of Directors,set forth it the said Dower of Attorney is now in force. I SVI t`NESS WHEREOF, l have hereunto set my hand and affixed the.seal of said Cornpany,at Ycta-k Pennsylvania this 23rd day of Au st".�. 2006 _I N 3tU��`tff.� L0F3 — S n Seflterr i Bz; 1977 :c r Bond #661 1 1 8942 f'`'���urtfrnan►nttu��t`�`` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CAUFORNIA }ss. County of LOS ANGELES }ss. On 8/23/2006 ,before me, Anthony Khotsikian NOTARY PUBLIC Date Name and Title of Officer(e.g.;"Jane Doe,NOTARY PUBLIC' personally appeared George Jimenez ATTORNEY-IN-FACT_ personally known tome ❑ proved to me on the basis of satisfactory ANTHONY KHOTSIKM evidence Commission# 1472651 .. Notary Public Calitomia to be the person(s) whose name(s) is/are LOS Angeles county subscribed to the within instrument and My Comm.Exp*es Feb 26.200811 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 WITNES y ha cial Place Notary Seal Above ig ure of ubtic OPTIONAL Though the infoanation below is not required 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 Dater Number of Pages; Signer(s) Other Than Named Above; Capacity(ies)Claimed by Signer Signer's Name: M. ❑ Individual ❑ Corporate Officer—Title(s): Top of Thumb here ❑ Partner- ❑ Limited ❑ General ® Attorney in fact ❑ Trustee ❑ Guardian or Conservator Other:' Signer is Representing: C 1999 National Notary Association-9350 De Soto Aye.,P.O.Box 2402-Cliatsworth,CA 91313-2402•:www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 -� > F COMMbdcn# 161"53 STATE OF CALIFORNIA ) Ofty Raft.cowomia ) SSOarvo t' COUNTY OF ORANGE ) Myeornrn&Pkft Nov a'2o0v ON . -Q� , BEFORE ME, fs :�aL(' Is' �� I�, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED EFO n I AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY IC IN ANDF A STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ��-C,� 0 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ', M On .. °3 . �j before me, Tecxv%I c g 1 ( � �t ��- ✓� PLA�l® Date Name and Title of Officer e.( g.,"Jane Doe,Notary Public") personally appeared �rl CA Vj h Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence =E 1LExls MC FALL to be the person(s) whose name(s) is/are subscribed _ COMM"On* 1619M to the within instrument and acknowledged to me that • Notcay Public-Cawoff fa he/she/they executed the same in his/her/their 1MyC0VnM OmngeExpirfsNov 8,Co authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. n Place.Notary Seal Above ,- " ,r Signature of Nota Pu OPTIONAL Though the information below is not require by law,if 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 Hile.G11MY:NIL, ElPartner—ElLimited ❑ General :001,11 ❑ Attorneyin FactSIM Top of thumb here ❑ .Attorney In Fact Top of thumb here El 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of .^ On - "' } before me er ,n iCp ,d,(exn ,A�1: et 1,1 — Date Na an Title of Officer(e.g.,"Jane Doe,Notary Publid') personally appeared + �, Y�' Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence At+BCE MC Ali to be the person(s) whose name(s) is/are subscribed Comm , 16198M to the within instrument and acknowledged to me that Nwary tic_cautmw he/she/they executed the same in his/her/their Omnge County authorized capacity(ies), and that by his/her/their MV comm.ExpireS NOV 8, 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 Signature Nota ublic �QPT/ONAL Though the information below is not required 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 ❑ GeneralHiflkl ❑ Partner—❑ Limited El General ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact P Top of thumb here ❑ Trustee ❑ Trustee El Guardian or Conservator ❑ Guardian or Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: G 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 l INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST Q 1. Requested by: Christi Mendoza, Risk Management oty a 2. Date: September 6, 2006 3. Name of contractor/permittee Bonanni Development(EdBonanni) 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 /,j) - t-7-a 6 Department Head Signature� 6, Date: PROVALB� �, � Rt�� ns� � rtt t Crty A t� X�'� ► i :\ ` �.� .���...�" 1. sk Management Approved ❑ Denied ignature bate 2. City Attorney's Office , pproved ❑ Denied Signature Date 3. City Administrator's Office El Approved ❑ Denied Signature Date 1€appra ��cf tF�t h�ete�rar r lmc i icat o t � d t ice,In py, i x be fife �r�{ � i<I ement©��r� r e rn� rstra v eru y TempWaiver 9/6/2006 4:15 PM gep 06 2006 10: 00AM WILEY INSURANCE 714 846 8248 16. 2 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE 105/2006/pp/YYY1fy osm�2oas PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF.INFORMATION Wiley Insurance Services ONLY AND CONFERS .NO RIGHTS UPON THE CERTIFICATE 16531 Bolsa 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 NAIL# INSURED Ed_Bonanni INSURER A: Century Surety Company Bonanni Development INSURERS: 5622 Research Drive INSURERC. Huntington Beach, CA 92649 (NSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO .POLICYEFFECTIVE POUCYE)CPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY OCCURRENCE_ $: 1,000,000 EACH x COMMERCIAL GENERAL LIABILITY PREMISES Eateowrence $ .50,000 x CLAIMS MADE a OCCUR MEDEXP(Any one person) $ EXCLUDED A A x Retro date of 08130/2005 CCP435878 08/30/2006 08/3012007 PERSCINAL&ADVINJURY $ 1.000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ :.1,000,000 X POLICY PRO- LOC AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALLOWNEDAUTOS BODILY INJURY SCHEOULECAUTOS (Per Person) $ HIREDAUTOS BODILY INJURY $ NON-OWNEDAUTOS (Peraccident). PROPERTY DAMAGE $ (Peraacident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO q��' 'OTHER THAN EA ACC $ R McG TH AUTO ONLY: AGG $ EXCE,SSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE - $ RETENTION $. $.. WORKERS COMPENSA71ON AND WC STATU-. OTH- EMPLOYERS'LIABILTIY ER ANY PROPRIETORIPARTNERIEXECUTtV_. . E.L.EACH ACCIDENT 017ICERIMEMBEREXCLUDED9 E.L.DISEASE-EA EMPLOYEE. $ aryea describe undet - PECIALPROVISIONShelow E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES J 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 DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach Its Officers, officials, DATE THEREOF,THE ISSUING INSURER WILL"NbEMOR-O MAIL 30 OAYS WRITTEN employees, agents and volunteers NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn.: Risk'Management Division 2000 Main Street 1 p E Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIV ACORD 25(2001108) © ORD CORPORATION 1988 ' Sep, 06 2006 10:OORM WILEY INSURANCE 714 846 6248 p. 5 POLICY ENDORSEMENT # 1 Insured copy This Endorsement is A#ached to and nee part of Policy#CCP435978 Issued to: Ed Bonanrd Insurance Company:. Gantury Surety Company Agent: Wiley Insurance Services Effective date of M Endorsement is 813=6 at 12:01 AM Standard Tune. Producer AmWINS insurance Brokerage of Caid In consideration of the premium Wow,it is hereby agreed that the: X Additional Inmwed(s) IN 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 ADDITIOAAL INSURED: THE CITY OF HUNTINGTON BEACH ITS OFFICERS,OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS ATTN:RISK MANAGEMENT 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 RE:PERMIT:TRACT IN46(19 UNIT TOWNHOME PROJECT)& TRACT 16M(13 UNIT TOWNHOME PROJECT) IT IS FURTHER AGREED THAT FOR AN ADDITIONAL PREMIUM OF$102.00THE ENDEAVOR TO WORDING SHALL BE CROSSED OUT FOR THIS ADDITIONAL INSURED. ADDITIONAL PREMIUM: $100.00 2946 TRIA:$1.00 THE PREMIUM FOR THIS ENDORSEMENT IS 100%FULLY EARNED. (AG) AU other Terms and Conditions remain the same, [Pro Rate)Add tionat Premium-shown above 102.00 Issue Date,915= State Tax 3.06 Stamp Fee 0.10 Total 105.24 Issued By: Countersignature. J1yug 23 2006 12: OOPM WILEY INSURANCE 7I4 -846 8248 P,6 I�1 CITY OF HUNTINGTON BEACH E' 2000 Main Street, Huntington Beach, CA 92648 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 I 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: N C Address: SZ Z Z �CJtfArCX 101,1e #/4� !`/} Z y Applicant's Signature: Title: d ✓ �./_ Location Signed: _f" c �� Telephone Number: flyc 23 2006 12:00PM WILEY INSURANCE 714 646 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 Attn: Christi Mendoza Pease find enclosed our certificate of insurance,endorsement page from our carrier and declaration of Non 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 market place 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 A rated VII carrier is the minimum accepted company. As stated above the insurance market place 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 look forward to your quick response on this issue. Sincerely, Ed Bonanni Sep 06 2006 10: OORM WILEY INSURANCE 714 846 8248 p. 6 u , View Ratings:Firkanciai Strenrdh g Bauer Credit Securities gtlyags;ad Search Other Web Center&.Select One "'•�' ---- -c._.--r^----^^--- Print this pa Century Surety Company Y (a marker aFCWMY- .9taa(.fl.Szrov&) Assigned to companies Giiat have,In A.M.Besta:03780 NN01.3t9St FFIN#-311=667e2 our Opinion.an am0ent ability io meet - w ,• ���_..y �.Stock Ticker:The Nasdaq Stock MarketNASdAd P._RO$ their ongoing oougatbns to . pW:cyhoMere. _ u Address-P.O.Box 103340 Phone:614-895-2000 _ Columbus,OH 43216-3340 Fax:614-895-7036 - Web'wv!wwprocenturv.com --. - Besfs Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions iL Rating:A.(Excellent) Long-Term:a- Affiliation Code:p(Pooled) Outlook:Stable Financial Size Category:Vill($100 million to$250 million) Action:Affirmed i O.uatlook:k SStable Date:April 19,2006 1 it .Action..Affirmed. Effective Date:April 19,2006 Denotes Under Review Best's Ratings '- Reports and News Visit our idewsRoom for the latest gws_&.nd�ress re{eases for this company and its A.M.Best Group. Est s Com an�r FA rj-Includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary. detailed business overview and key financial data. ,I Report Revision Date,M2412006 (represents the latest significant change) y w Historical Reports are available in Best's Comppny BgpprtArchive. z—= Best's Executive Summary Reports(Financial overview) available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profiabirty,liquidity and reserve analysis. Data Status:2006 Beers Statement File-P/C,US.Contains data compiled as of 7119l2006(Quality Cross Checked), • 3ingfe_G0_mpapy-five years of financial data specifically on this company. • Comparlitorr side-by-aide financial analysis of this company with a peer group of up to five other companies you select. • .tvStw R"jtq-evaluate this company's financials against a peargroup composite.Report displays troth the average and total composite of your selected peer group. Note:Adobe Reader is required to view the reports listed above.This software is available free from Adobe Systems Inc.An Excel export option is also available once the report has been opened using Adobe Reader. K��f tine %L10. v P-rg;g Qp,.J port-includes Bears Financial Strength Rating and financial data as provided in Bears Key Rating Guide products. eta Status:2005 Financial Data(Quality Cross Checked)- Financial and Analytical Products Best's ProQerty/CasualixCerttgr-_PrgnZetm Data_$_ReApr4s. Best's Key Rating GuLd_e-P[G.US&Canada Best's Statement File PIC.US Btls-t's Statement F1e=_Q1oba1 [3as's insurance Repnrts- USA.CanIda Bea's Inst artceeEEMe se Exhibit(IFEL PlC�US i3 's t tanIn (Gombineli I roes)- CustomerService€Product Support I Member Center I Contact Info[Careers About_A,M.Best l Site Map I PrivacyPb1.icy,I Secures 1 Terrns_of Use:I Le ao 1&Licensing CoiryrightC 2066 AM.Best Company,Inc.AN rights reserved. A.M.Best Wortdwide Headquarters,Ambest Road,01dwick,New Jersey,08855,U.SA Company Profile Page 1 of 2 company Profile LINCOLN GENERAL INSURANCE COMPANY P.O. BOX 3709 YOM PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 33855 NAIC Group#: 1326 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the glossaU. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=62386 8/29/2006 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: APPROVE FINALTRACT MAP NO. 16846 GOTHARD STREET TOWNHOMES COUNCIL MEETING DATE: December 4, 2006 ICA ATTACHNINT STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits attached Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable 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 ❑ Bonds (If applicable) attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached El Not Applicable 11 Findings/Conditions for Approval and/or Denial Attached ID Not Applicable ❑ I? NATI F. ISSING ATTAC TS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OFITEM. (Beiow SpaceFor RCA Author: SH:HF:RT:sc CITY OF H JNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 02648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 15, 2006 Bonanni Properties&D.S. Products 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 Bonanni Properties&D. S. Products for Tract No. 16846. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:fo11owup:agnnt1tr (Telephone:714-536-5227 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 0(�q/ FROM: PLANNING DEPARTMENT TRACT NO. <,;g 4 (P PARCEL MAP NO. i PARK AND RECREATION FEES PAID: YES $ m Liz ❑NO DEVELOPER: � - i or: Scott Hess Acting Director of Planning 1A CITY 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 Re: Escrow Pick Up No. 706282-03—Tract Map No. 16846 East side Gothard St., North of Clay St. The City Clerk's Office has prepared Final Tract Map No. 16846 to be recorded. Your office will be picking up this document to be recorded with the County. Please have a copy of the recorded map returned to the Bruce Crosby, 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 . G g'.ffollowupJtracVescrow pick-up.doc (Telephone:714-536-5227) F B CITY OF HUNTINGTON BEACH O INTERDEPARTMENTAL COMMONICATION TO: Joan Flynn City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 16846 (Authorization to Record) r DATE: November 16, 2006 Please:release subject tract to the Title Company for recordation. All requirements have been met pet 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.: 706282-03 LOCATION: ' E. Side Gothard,St. North of Clay St. PHONE NO.: (714)836-0349 is R.Winchak I G:/EngNinchak&orms/Map auth W record