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Approve the Notice of Acceptance of Public Improvements, Gua
CITY OF HUNTINGTON BEACH Finance Department Accounts Receivable, Cashiering, Collections & Disbursements Division Lori Ann Farrell Harrison Chief Financial Officer Certified Mail March 29,2017 Philadelphia Indemnity Insurance Company 231 St.Asaph's Rd, Ste 100 Bala Cynwyd,PA 19004-0950 Re: Guaranty&Warranty Bond No.PB03010402299 for the Tri Pointe Homes Project Dear Sirs: This is to inform you the Huntington Beach City Council has approved the release of the above-referenced bonds effective March 20,2017. We are releasing these bonds and have enclosed the bonds for your files. We have also enclosed a copy of the City Council Action approving the release of these bonds. If you have any questions regarding this matter,please contact me at(714)536-5200. Sincerely, Joyce M.Zack Deputy City Treasurer Enclosures Cc: Tri Pointe Keith Frankel 5 Peters Cannon U Suite 100 Irvine, CA 92606 ^_' P . Bob Milani,Public Works(no attachments) Robin Estanislau, City Clerk(no attachments) _ 2000 Main Street, California 92648-2702 • Phone 714-374-1554 • Fax 714-374-1603 • www.huntingtonbeachca.gov Dept. ID PW 17-008 Page 1 of 2 Meeting Date:3/20/2017 CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL ACTION j N MEETING DATE: 3/20/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Authorize the release of the Guarantee &Warranty Bond for Lamb Park (Fairwind Subdivision) Statement of Issue: The required fifteen month warranty period has now elapsed for the Lamb Park public improvements, which were constructed by TRI Pointe Homes, Inc. as a condition of approval for their Fairwind Subdivision development (Tract 17238). Their Guarantee & Warranty Bond is now eligible for release. Financial Impact: No funding is required for this action. Recommended Action: Release the Guarantee & Warranty Bond No. PB03010402299 and instruct the City Treasurer to notify the Surety, Philadelphia Indemnity Insurance Company of this action. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing public improvements shall be released upon acceptance of the work. Analysis: On December 7, 2015, City Council accepted the newly constructed public park that was designed and built by TRI Pointe Homes, Inc., to satisfy the requirements of their Fairwind Subdivision development (Tract 17238). The new park includes a multi-use soccer field, tot-lot play areas, shade structure, picnic tables, benches, parking lot, water quality features, irrigation and landscaping. At that same meeting, City Council also accepted Guarantee & Warranty Bond No. P1303010402299, as security for the fifteen month warranty period which ended on March 7, 2017. The City Engineer has now determined that the improvements were constructed in substantial compliance with the approved plans and specifications, have performed satisfactorily throughout the warranty period. The Guarantee &Warranty Bond can now be recommended for release. Environmental Status: The subject request is exempt pursuant to the California Environmental Quality Act. Item 5. - 1 RB -3 8- Dept. ID PW 17-008 Page 2 of 2 Meeting Date:3/20/2017 Strategic Plan Goal: Non-Applicable—Administrative Item Attachment(s): None HB -39- Item 5. - 2 a a RECEIV D BY- CITY CLERK RECEIPT COPY F Return DUPLICATE to I z City Clerk's Office (Naniey l 1 after signing/dating (Date) CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO City Treasurer FROM CiM/—/ DATE r SUBJECT Bond Acceptance . I have received the bonds for A)7—,�5 r (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other l -7cA- y // --•-- Re: Tract No Approved .f� (Council Approval Date) CC No Agenda Item No MSC No City Clerk Vault No "TIC • �C/ Other No SIRE System ID No g/forms/bond transmittal to treasurer Dept ID PW 15-072 Page 1 of 3 Meeting Date 12/7/2015 191q5a 116J'� 7' CITY OF HUNTINGTON BEACH 49 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/7/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve the Notice of Acceptance of Public Improvements, Guarantee and Warranty Bond and authorize execution of a License Agreement between the City of Huntington Beach and TRI Pointe Homes, LLC for Tract 17238 (Fairwind Subdivision— Former Lamb School Site) Statement of Issue: Staff is recommending approval of the Notice of Acceptance of Public Improvements, Guarantee and Warranty Bond and License Agreement between the City of Huntington Beach and TRI Pointe Homes LLC for Tract 17238, Fairwind Subdivision (Attachment No 1) Financial Impact Not Applicable Recommended Action A) Approve the Notice of Acceptance of Public Improvements for improvements constructed and dedicated for public park purposes with Tract 17238 and authorize recordation by the City Clerk (Attachment No 2), and, B) Accept Guarantee and Warranty Bond No PB03010402299 and instruct the City Clerk to file the bond with the City Treasurer and notify the Surety, Philadelphia Indemnity Insurance Company of this action (Attachment No. 3), and, C) Approve the License Agreement between the City of Huntington Beach and TRI Pointe Homes, LLC for maintenance and control of the entire area within the public easement to address liability, repair, maintenance and replacement of all hardscaping, landscaping, lighting and irrigation improvements and authorize execution by the Mayor and City Clerk (Attachment No. 4). Alternative Action(s) The City Council may make the following alternative motion 1 Deny the recommended action(s) This action may violate the Subdivision Map Act and/or the project's Conditions of Approval Due to the liability issues involved with a private company operating a facility that is open to public use, denying the Acceptance of the park may result in the developer prohibiting the public from use of the park. x8 -329- Item 4. - 1 Dept ID PW 15-072 Page 2 of 3 Meeting Date 12R/2015 Denying the approval of the License Agreement between the City of Huntington Beach and TRI Pointe Homes will burden the City with the cost of maintaining the proposed private improvements in the Public Right-of-Way that will be transferred to a Developer/HOA in the License Agreement 2 Continue the recommended action(s) and direct staff accordingly Analysis Notice of Acceptance of Public Improvements and Guarantee and Warranty Bond: On October 23, 2012, the City of Huntington Beach Planning Commission approved Tentative Tract Map 17238, to allow subdivision of the subject 11 65-acres site into 81 numbered lots for development of detached residential dwellings as a Planned Unit Development On December 15, 2014, the City Council approved Final Tract Map 17238 (Attachment No 5) TRI Pointe Homes, a California Limited Liability Company, the subdivider and developer of Tract 17238, satisfied the park and recreation requirement by dedicating approximately 0 021 acres of the subdivision to the City in-fee as a public park (Lot "O"). The dedicated 0.021 acres, combined with an existing City-owned 2 61 acre property at the southwest corner of the site, was then improved as a whole into a public park. The new park consists of a multi-use soccer field, two tot-lot play areas, shade structure, picnic tables, benches, parking lot, water quality features, irrigation and landscaping Please note that this public park has been given the working title of Lamb Park by the Community Services Department until the park naming process is completed and a formal name selected TRI Pointe Homes, has completed all of the required public improvements related to the park and is requesting formal acceptance by the city, pursuant to California Government Code Section 66499 7(a) The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements The developer has provided a Guarantee and Warranty Bond as security for the one-year warranty period DEVELOPER TRI Pointe Homes, LLC, 19520 Jamboree Road, Suite 200, Irvine, CA 92612 ENGINEER Walden & Associates, 2552 White Road, Suite B, Irvine CA 92614 LOCATION 10251 Yorktown Avenue (north side of Yorktown Avenue, east of Brookhurst Street) ZONE RL (Residential Low Density) GENERAL PLAN RL-7 (Residential Low Density— 7 dwelling units per acre) NO OF ACRES 11.65 acres NO OF LOTS- 80 numbered lots and 15 lettered lots License Agreement between the City of Huntington Beach and TRI Pointe Homes, LLC Condition of Approval 2(d) of Entitlement Plan Amendment (EPA) No 13-004, Tentative Tract Map Item 4. - 2 HB -330- Dept ID PW 15-072 Page 3 of 3 Meeting Date 1Z/7/2015 17238 was amended on October 1, 2013, to convert one of the residential lots to a common open space lot and to revise the remaining adjacent lots, thereby maintaining the existing off-site pedestrian access from Mauna Lane into and through the new residential subdivision, and requires that the "property owner/HOA enter Into a License Agreement with the City of Huntington Beach for maintenance and control of the entire area within the remaining portions of the easement, which shall address liability, repair, maintenance and replacement of all hardscaping, landscaping, lighting and irrigation improvements" Environmental Status This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 Location Map 2 Notice of Acceptance of Public Improvement 3 Guarantee and Warranty Bond No PB03010402299 4 License Agreement Between the City of Huntington Beach and TRI Pointe Homes, LLC to Provide Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right-of-Way 5 Final Tract Map 17238 xB -33 1- Item 4. - 3 ATTACHMENT # 1 / CITY OF 5 FOUNTAIN VALLEY ELLIS AVENUE rB tzi G Y GARFlELD AVENUE .WWA DR. CITY OF j 3 3 z COSTA MESA YQRKTOWN AVENUE CITY OF SITE HUNTINGTON BEACH Q ADAYS AVENUE 10 o � •fir moo,.r +�� +•� Ni LOCATION MAP N.T.S. Item 4. - 4 HB -332- rATTACHMENT #2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II III III II III I I III Hil III III I II NO FEE * $ R 0 0 0 8 0 1 9 2 0 5 $ Recording requested by, 2015000627403 9:38 am 12/11/15 and when recorded return to 37 406 A04 2 0.00 0.00 0.00 0.00 3.00 0.00 0 00 0.00 Joan Flynn,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190—2000 Main Street Huntington Beach,Ca 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on November 24, 2015, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(4), the improvements for public use Further, the public improvements for Lot "0" of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Tract Map 17238 --- Fairwind Subdivision The dedicated Lot "0". combined with an existing city-owned 2.61 acre property at the south'.iest corner of the site (Grant Deeded to the city on November 29, 2005 with Instrument No 2005000949173, 0 R), was then improved as a whole into a public park, consisting of a multi-use soccer field, tot-Iot play areas, shade structure, picnic tables, benches, parking lot, water quality features, irrigation and landscaping The developer (TRI Pointe Homes. LLC) is required to secure the soccer field from public use and maintain the field area for a 15-month period and until such time the turf is established and the soccer field turned over to the city The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the December 15, 2014 City Council Meeting Submitted for Recordation by the Orange Count-y Recorder Attest C���G7��.c_''S�7n� Z/� 2015 This owxnent is solely tar the otflct ' buWr,m of the City of Hundngtor Beech,as con*npiated under G&mrrx*nt Code,W :61/11 _��/9/L) L ahouid os UWXAOW AV46 a CiWQe City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California BY 4 �p tY CITY OF HUNTINGTON BEACH APPROVED AS O FORM Crib Engmeer C'it ttorne is Recording requested by, and when recorded return to Joan Flynn,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190-2000 Main Street Huntington Beach,Ca 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on November 24, 2015, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A), the improvements for public use Further, the public improvements for Lot "O" of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Tract Map 17238 — Fairwind Subdivision The dedicated Lot "O", combined with an existing city-owned 2.61 acre property at the southwest corner of the site (Grant Deeded to the city on November 29, 2005 with Instrument No: 2005000949173, O R), was then improved as a whole into a public park, consisting of a multi-use soccer field, tot-lot play areas, shade structure, picnic tables, benches, parking lot, water quality features, irrigation and landscaping The developer (TRI Pointe Homes, LLC) is required to secure the soccer field from public use and maintain the field area for a 15-month period and until such time the turf is established and the soccer field turned over to the city The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the December 15, 2014 City Council Meeting Submitted for Recordation by the Orange County Recorder. 1 Attes 2015 1?t document is so*for the oftai business of the City of Hun ftton .- Beech,as contemplated undue Govemment Code Sec 5103 and v//,) be remded free of cMWQ9, City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California By d uty J CITY OF HUNTINGTON BEACH APPROVED 10 FORM 2 (LL Ci En ineer it ttorne g � y Q^p- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of Califor ) County of -)6 ) On/00Ve1;? 2M, fore me, - /V M 1� 7 i�- Date Here Insert Name and Title of the Officer personally appeared 7>- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(s'fdar.& subscribed to the within instrument and acknowledged to me that®sheAhey executed the same in uthonzed capacity(+es),and that bygVher/their signatureo on the instrument the person,(, or the entity upon behalf of which the person(acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct -,r- WITNESS my han d offi al seal P L ESPARZA Commission#2032750 Notary Public-California Signature Orange CountyqVMV Signature of N ry Publi Conan.E �,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing 02014 National Notary Association •www,NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ATTACHMENT #3 f.L-- *Corrected Onguat* BOND NO PB03010402299 PREMIUM$528/One(1)Year GUARANTEE AND WARRANTY BOND WHEREAS,TRI Pointe Homes,Inc a Delaware corporation,as a Principal,and Philadelphia Indemnity Insurance Company,a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California, as Obligee,in the penal sum of One Hundred Five Thousand Six Hundred Thirty-Seven and no/100 Dollars ($105,637 00),representing 10 percent of the construction estimate,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally WHEREAS,the said Principal received approval of Tentative Tract Map 17238 and CUP 08-026 from said Obligee,for work described as follows Lamb Public Park—Tract 17238,CUP NO 08-026 Precise Grading Plans by Walden&Associates—L#14-120 and Landscape Plans by Forma—LPX#14-007 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of Fifteen(15)Months after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said Fifteen(15)Month period Additionally,the Principal shall provide all maintenance associated with the soccer Feld during said Fifteen(15)Month period and shall properly secure the field from public use until such time the turf is established and accepted and turned over to the City WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee In witness whereof,this instrument has been duly executed by the principal and surety above named,on August 21,2015 TRI Pointe Homes,Inc,a Delaware corporation as Principal By /L. /� Keith P.Frankel By Asnistant Secretary Philadelphia Indemnity Insurance Company,as Surety AP F RiCVED A, TO FORM B y , ichael Gates,City Attomey Micnelle Haase,Aftomey-in-Fact 1 402-N_ I ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document State of California } County of Orange } On AUG 2 12015 before me, Brianne Davis, Notary Public , insen name ano um o ine icer personally appeared Michelle Haase , who proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/ym subscribed to the within Instrument and acknowledged to me that ke/she/RW executed the same in kWher/tbeir authorized capacity aRX and that by JusfherNm signature(* on the Instrument the person*, or the entity upon behalf of which the person(M acted, executed the Instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS m hand and official seal. BRIANNE DAVIS 017 y Commission No 2017152 0 ZNOTARY PUBLIC-CALIFORNIA ORANGE COUNTY bA My Comm Expires APRIL 1,2017_j Notary Public Signature (Notary Public Seal) """"""""""""""" � o ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Tlus form complies irNh cunt ent Caltfot nto statutes i egarding notam♦i ordrng and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document Acbnohi edgents from other states may be completed for documents being sent to that state so long as the voiding does not iegtnre the California notary to i tolate California notary Imi (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment J • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknom lodgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public) • Pnra the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by Lrossing off incorrect forms(i c El Individual(s) he/she/*e�,-is(ere)or circling the correct forms Failure to correctly indicate this information may lead to rcIection of document recording ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges,re-seal if a IT it a sufficient area permits otherwise complete a different acknowledgment form El Partner(s) • Signature of the notary public must match the signature on file with the office of die county clerk ❑ Attomey-in-Fact •. Additional information is not required but could help to ensure this ❑ Trustee(s) • acknowledgment is not misused or attached to a different document G Indicate title or type of attached document,number of pages and date Other ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,mdieate the utle(i e CEO,CFO,Secretary) a 11 version wr v,Notai yClasses.oni b0u 87S 9oL-5 • Securely attach this document to the signed document with a staple CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of 1 p h /� l \ On \�`��,hrtV�r 1� 1 17 before me, 1V\- 1A 1Ul Date Here Insert N and Title of e facer personally appeared I] rt-s—_> --t- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity_upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct M.M.MCCULLAGH WITNESS my hand and official seal COMM #207810NIA l "� NOTARY PUBLIC-CALIFORNIA ORANOECOUNTY My Comm Expires Aug 16,2016 Signature r Signature 4NotaZ_::7 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of.Attached Document Title or Type of Document. Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name. ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s) ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association•www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 3094 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd,Smte 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint JANINA MONROE,THOMAS G MCCALL,TIMOTHY J NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES,LLC Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and wntmgs obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000 00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I'day of July,2011 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company to (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove, at any tune, any such Attorney-m-Fact and revoke the authority given And,be it FURTHER RESOLVED That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7"i DAY OF FEBRUARY 2013 1927 CD (Seal) Robert D O'Leary Jr,President&CEO Philadelphia Indemnity Insurance Company On this 7°i day of February 2013,before me came the individual who executed the preceding mstrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY,that the seal affixed to said mstrument is the Corporate seal of said Company,that the said Corporate Seal and his signature were duly affixed COM OFPEI�IBYLYAi�A "WRIA W& DAMSIE M Notary Pubic ^ �J Lawer CuMm=anat7 � !�' My ,2018 and= Notary Public residmg at Bala Cynwyd PA (Notary Seal) My commission expires March 22,2016 I,Craig P Keller,Executive Vice President,Chief Fmancial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attomey issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D O'Leary Jr,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, AUG U�j G 2 12015 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 Craig P Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) a CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO City Treasurer FROM' City Clerk ' DATE SUBJECT Bond Acceptance 1 have received the bonds forZj�z A11U7—,5 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Z, Re: Tract No z ZA 3 U Approved (Council Approval Date) CC No Agenda Item No MSC No City Clerk Vault No Other No SIRE System ID No g/forms/bond transmittal to treasurer ATTACHMENT #4 I Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1111111111111111 11�11111111111111111111111111111LII NO FEE RECORDING REQUESTED BY: * $ R 0 0 0 8 0 1 9 2 5 2 $ CITY OF HUNTINGTON BEACH 2015000627506 9:49 am 12/11/15 217 402 Al2 17 WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 48.00 0 00 0.00 0.00 City Clerk City of Huntington Beach P O Box 190 /2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code§6103 SPACE ABOVE THIS LINE FOR RECORDER S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRI POINTE HOMES, LLC TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND HARDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," , and TRI POINTE HOMES, LLC. a California limited liability company, hereinafter referred to as "LICENSEE " WHEREAS, LICENSEE is the owner of certain real property located in the City of Huntington Beach. County of Orange, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"), and LICENSEE is processing approvals with the CITY to construct a residential subdivision on the Property, and CITY is the owner of a pedestrian easement/walkway in the immediate vicinity of the Property that is depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the 'Improvement Area"), and In connection with the development of the Property, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of landscaping and hardscaping within the Improvement Area, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Area, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows. 15-4780/123328 1 RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRI POINTE HOMES,LLC TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IIARDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement(the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and TRI POINTE HOMES, LLC, a California limited liability company, hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference(the "Property"), and LICENSEE is processing approvals with the CITY to construct a residential subdivision on the Property, and CITY is the owner of a pedestrian easement/walkway in the immediate vicinity of the Property that is depicted on Exhibit"B" attached hereto and incorporated herein by this reference(the "Improvement Area"); and In connection with the development of the Properly, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of landscaping and hardscaping within the Improvement Area, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Area, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows- 15-4780/123328 1 i I GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY hereby grants to LICENSEE a non-exclusive, revocable license ("License")to install and maintain landscaping and hardscaping within the Improvement Area pursuant to the terms as set forth in this Agreement. 2 TERM The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement upon thirty(30) days written notice to LICENSEE 3. TERMINATION In the event of any such termination,the CITY may, at its option, either: (a) at its sole expense, disconnect existing water and electrical supply sources to the Improvement Area from the Property (leaving the water and electrical systems serving the Property fully functional and in compliance with law), and construct and reconnect CITY water and electrical supply sources to the Improvement Area, or (b) continue to use water and electricity from the Property for the Improvement Area, in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense,to maintain in a good condition and repair the portion of the water and electrical systems located in the Improvement Area. 4 DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement Area shall be as depicted on those certain plans and specifications as approved by the CITY relative to the Property and the subject development thereof The landscaping and other improvements within the Improvement Area for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following. (a) Landscaping_Irrigation Systems, Plant Material and Low Level Bollard Li htin . Plants, trees and low level bollard lighting, in accordance with the Landscaping Plans(LPX 2014-016) relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY and the irrigation systems serving the same (b) Hardscaping: Enhanced and concrete paving and drainage in accordance with the precise grading plans (L13-123) relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY. 5 MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Area, including, but not limited to- sidewalk cleaning, trash disposal; signs; watering; repairing and/or adjusting irrigation systems when failures occur; fertilizing, cultivating; edging; performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and, generally keeping the Improvement Area in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. LICENSEE agrees to maintain and keep the Improvement Area in good condition and repair, free and clear of litter and debris and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose of litter and debris in 15-4780/123328 2 a sanitary and legal manner and location. All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities." (a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging,performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Area in a clean, secure and attractive condition,taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Area, including but not limited to the following: 1. Provide and apply fertilizer as necessary to sustain healthy growth. 2. Maintain the Improvement Area to allow access by CITY personnel to CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects at all times 3. Keep plantings trimmed to eye pleasing appearance. 4. Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions. 5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. 6. Keep the entire area policed and free of litter and deleterious material LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving,planters, containers, decorative features, artwork or other surfaces. 7. Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the right-of-ways 8. All tree trimming shall be done by an I.S.A. Certified Arborist or an I.S.A. Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall be per the International Society of Arbonst,A.N.S.I. 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree Supervisor Damages may potentially lead to penalties which can involve removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE to the CITY. 9. If for any reason LICENSEE is unable to maintain the Improvement Area in a manner satisfactory to the CITY, LICENSEE shall re-landscape the Improvement Area to a condition acceptable to the CITY at LICENSEE's sole cost and expense. 15-4780/123328 3 10. Control and maintain the Improvement Area such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders pedestrian traffic, or encroaches across or onto any bicycle path, sidewalk, public access area or walkway. 11. Conform to all applicable Best Management Practices set forth in the CITY'S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11,BMP Fact Sheet IC7 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works. (b) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall include all concrete and enhanced hardscaping material including all sidewalks, bicycle path, walkway, access ramp and stairs. Maintenance includes, but is not limited to, linear root barriers, concrete repair and replacement, grinding or patching variations in elevation of sidewalks,paths and walkways for an acceptable transportation surface, and the removal of dirt, debris,graffiti, weeds, and any other deleterious items or material on or about the sidewalks or walkways in an expeditious manner. (c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Area. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. (d) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Area by LICENSEE. 6 PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which LICENSEE constructs in the Improvement Area as necessary to bring the Improvements into an operating condition, all in accordance with plans and specifications as submitted by LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval of CITY. No changes, modifications, or alterations may be made to the Improvement Area without the prior written consent of CITY. 7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the installation of the Improvements in the Improvement Area in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Area without the prior written consent of CITY 8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Area. Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the proper encroachment permit and comply with all other CITY requirements prior to performing any work on Improvement Areas. 9 CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Area at any time to ensure that LICENSEE is performing its obligations hereunder CITY and LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections. 15-4780/123328 4 10. DAMAGE TO IMPROVEMENT AREA. In the event any damage is caused to any pathways, sidewalks, lights, or utilities as a result of the installation of the landscaped material installed on the Improvement Area and/or the performance of the maintenance responsibilities of the Improvement Area, LICENSEE agrees to repair same at its own expense In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or restored within ten(10) calendar days of the date of the breakage or destruction. Stolen items will be considered destroyed for purposes of this Section 10. 11. REPAIR BY CITY. Except as otherwise provided for in this License,in the event any damage is caused to any of the LICENSEE's Improvements within the Improvement Area as a result of the installation,maintenance and/or repair work performed by the CITY or its contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the same at its own expense. 12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them 13. MECHANICS'LIENS. LICENSEE agrees not to suffer any mechanics'lien(s) to be filed against the Improvement Area by reason of any work, labor, services or material performed at or furnished to the Improvement Area,by or through LICENSEE. LICENSEE shall, at its sole cost and expense, cause any mechanics' lien(s) which may be filed against the Improvement Area to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY to subject the CITY's estate in the Improvement Area to any mechanics' lien(s) or liability under the mechamcs' lien laws of the State of California. 14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt to assign the License to any entity shall require the prior approval of CITY and is subject to the provisions set forth in Section 37 below.Notwithstanding the foregoing, assignment of the License to Fairwind Community Association, a California nonprofit mutual benefit corporation, or a LICENSEE affiliated entity shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Area arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Area, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any interest in the Property shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 15 WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code §1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation LICENSEE covenants that it will comply with such laws and provisions prior to 15-4780/123328 5 conducting any activity pursuant to this license. LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars($1,000,000)bodily injury by accident, each occurrence, One Million Dollars($1,000,000)bodily injury by disease, each employee, and One Million Dollars ($1,000,000)bodily injury by disease,policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to CITY. LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and LICENSEE shall similarly require all subcontractors to waive subrogation. 16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15 above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all activities to be performed in the Improvement Area as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said insurance shall name the CITY, its officers, elected or appointed officials, employees, agents and volunteers (the "Additionally Insured Parties") as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be primary, and non-contributory with any other valid and collectible insurance or self insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum amount specified herein shall be available to the Additionally Insured Parties. All coverage available to Licensee shall also be available to the Additionally Insured Parties. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by LICENSEE concerning the Improvement Area affected by the license. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount 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, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY. 17 CERTIFICATE OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy; and shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled or modified without providing notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove 15-4780/123328 6 required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the Additionally Insured Parties as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement. 18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims,judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person(including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation,property owned by an Indemnified Party), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "LICENSEE Parties"), including but not limited to concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the negligence or willful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or employees. CITY shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required hereunder at its sole cost and expense, and CITY shall have the right to approve the selection of LICENSEE's counsel. 19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Improvement Area shall be for its sole account and not as an agent, servant or contractor for CITY. 20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its officers, employees, contractors, invitees and all others doing business with LICENSEE to obey and observe) all rules and regulations of general applicability regarding the Improvement Area as may be reasonably established by CITY at any time and from time to time during the Term of this Agreement. 21. DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing the alleged default by LICENSEE If LICENSEE fails to cure said default within thirty(30) calendar days following the date of delivery of such notice of default, CITY may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from LICENSEE shall be due within thirty (30) calendar days following the date of receipt of invoice. In addition, one and a half(1-1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Area all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances 15-4780/123328 7 and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by LICENSEE. 23. NOTICES. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to LICENSEE(as designated herein)or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i)postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or(ii) using nationally recognized overnight courier service, or(iii) via facsimile transmission(with a copy to also be placed in the United States Mail), and addressed as follows: TO CITY: TO LICENSEE: City of Huntington Beach TRI POINTE HOMES, LLC 2000 Main Street Tom GaA&.c Huntington Beach, CA 92648 V-0 _STC Z_oo Attn. Director of Public Works T ,��E,T � o i z Tel: (714) 536-5431 Facsimile: (714) 374-1573 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten(10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given,received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt,prior to the receipt of the original, of a facsimile copy of the notice. 24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the County of Orange, State of California. 26. NON-EXCLUSIVITY. This License is non-exclusive, and the Improvement Area shall at all times be open to use by the general public. 27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and use of the Improvement Area it will not engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry,physical handicap, medical condition, marital status or sex. 28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 15-4780/123328 8 29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 30. ENTIRE AGREEMENT. This Agreement,together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any,between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the CITY and signed by the parties to be charged. 31. ATTORNEY'S FEES If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the nonprevailing party. 32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above, LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement LICENSEE shall provide CITY with, and at all times keep current, contact information for LICENSEE and any property manager acting on its behalf 33. GOVERNING LAW. This Agreement shall be governed, construed,interpreted,and enforced under and in accordance with and governed by the laws of the State of California. 34. AMENDMENTS. This Agreement may be amended,modified, and/or supplemented only by the written agreement of LICENSEE and CITY, or the successors and assigns of each. 35. COVENANTS. Each of the covenants set forth in this Agreement(i) shall run with the land, (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and(iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement. 36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or her designee the authority to implement all provisions of this Agreement. 37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person 38 SURVIVAL. All representations,warranties, waivers, and indemnities given or made hereunder shall survive termuiation of this Agreement. 15-4780/123328 9 39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ��9E�P 04 2015. LICENSEE: CITY`'�T TRI POINTE HOMES, LLC, CITY OF HUNTINGTON BEACH, a California Limited Liah1 ity Company a California municipal corporation r By: ay print name k -/ �j Its: 1%w-nwG Grabla ' SiiikrVice President 1tyrATED AND INIAND APPROVED: By: .,�� pent name r -- Keith PFrankel Director of Public�Wor Its: Assistant Secretary REVIREZ APPROVED: City an g APPROVED A O ity ttorney 15-4780/123328 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of (-)ft 9— )) On *Yy\W -j)1 before me, N\ �"lC CZ 1� J IC- , Date �1 Here Insert Nam d Title of the lcer personally appeared \ 1�) S l—) C2(6k, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity_upon behalf of which the person(s) acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M.M.MCCULLAGH COMM #2078104 WITNESS my hand and official se NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm Expires Aug 16,2018 --�j� Signature Signatur of No Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date. Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name: ❑Corporate Officer — Title(s). ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other- Signer Is Representing Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of P,Y"0 Q ) ,. 1^ R On `Vo �kc_ � A n S before me, (�`C Date Here Insert e and Tittkof th Officer personally appeared 1k� ,F _ 1 � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph M.M.MCCULLAGH is true and correct. COMM.#2078104 WITNESS my hand and official seal LV NOTARY PUBLIC-CALIFORNIA ORANGE C�16 C WVV My Comm Expires Signature Signature of No ubtic Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date. Number of Pages: Signer(s) Other Than Named Above Capacity(ies)Claimed by Signer(s) Signer's Name Signer's Name: ❑Corporate Officer — Title(s). ❑Corporate Officer— Title(s): ❑Partner — ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing Signer Is Representing- 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 7, 2015, before me,P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Jill Lardy who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P L ESPARZA WITNESS my hand and official seal. Commission#2032750 z Notary Public-California a Orange County v m Cy omm Ex Tres Au 4,2017 (Seal) (Notary Sign re) EXHIBIT A LEGAL.DESCRIPTION OF THE PROPERTY All that certain real property located in the City of Huntington Beach, County of Orange, State of California, more particularly described as follows Lot A, Lots D to G, inclusive, and Lots L to O, inclusive, of Tract No 17238, as shown on a Subdivision Map, filed on January 6, 2015, in Book 934, at Pages 5 to 8, in Miscellaneous Maps, in the Office of the Orange County Recorder, California EXHIBIT `B" PROPERTY BEING THE NORTHERLY 10 00 FEET OF THE SOUTHERLY 12 50 FEET,OF THAT 15 FOOT WIDE LOT DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR WALKWAY PURPOSES ON TRACT NO.4305,IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON THE MAP FILED IN BOOK 164,PAGES 12 THROUGH 18 INCLUSIVE,OF MISCELLANEOUS MAPS,RECORDS OF THE COUNTY RECORDER. CONTAINS: 1000 SQ.FT.MORE OR LESS AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND MADE A PART HEREOF �p�pl LAMP s ��vs��� ALLFN�9 G'PG a� o No. 7914 Ex p 12-31-15 9TF OF Cps\�o��� ALDEN & LEGAL�DESC IR PI ICON SSOCIATES FOR ACCESS EASEMENT CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA 2552 WHITE ROAD,SUITE B.IRVINE,CA 92614-6274 W© No 1498-844-YL2 Date, 03/12/2014 (949)-660-0110 FAX 660-0419 Engr.B J W Chk'd. J W Sheet of 2, 40 20 0 40 ( ) INDICATES RECORD DISTANCE PER TRACT NO. 4305, -- FILED IN BOOK 164, PAGES 12-18 INCLUSIVE, Of MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER, SCALE IN FEET COUNTY OF ORANGE, STATE OF CALIFORNIA. i inch =40 ft HALAWA DRIVE �t LA�� f (N 88052'08° E) d N0. 7914 U 2 c7 VACATE 1911 Exp 12-31-15 \� 7 6NT �lF OF C m-� uvo Co (N 88040'25' E 100. ') � 430 T N O � I Q 238 a o ACCESS o a EASEMENTCD o o (N 88040'25" E 1 0')� - S _W_AL_KW_AY � — — (N 88°40'25" E 00.00') w N " 239 Lo � W z tJ`r 37 J 2..5 Ac-a Olt- 7 FSy ooa o 2 Z (N 88040'25' E 100 00') D PRIVATE `t 38 STREET :�i 30, 9-40 $ 164 1Z 1 241 ALDEN & WS SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR ACCESS EASEMENT CIVIL F-NGINEERS-LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA 2552 WHITE ROAD,SUITE$-IRVIN$,CA 92614-6236 WO No 1498-844-YL2 Date 03 j12Z2014 (949)660-0110 FAX 660-0418 Engr 8 J.W CWd J W Sheet 7—of 2,,, CERTIFICATE OF LIABILITY INSURANCE 7/1/2016 D8/18/201�s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE FOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER CONTACT Lixkton Insurance Brokers LLC NAME 19800 MacArthur Blvd,Suite 1250 PHONE ac e CA License#01715767 E MAIL Irvine 92612 ADDRESS 949-252-4400 INSURERS AFFORDING COVERAGE NAIC# INSURER A International Ins Co of Hannover Limited INSURED TRI Pointe Homes,LLC INSURER B Markel Europe UK Branch 1378859 19540 Jamboree Road,Suite 300 iHsuRER c Philadelphia Insurance Company- 23850 Irvine CA 92612 INSURER D INSURER E INSURER F COVERAGES TRYH006 CERTIFICATE NUMBER 12820876 REVISION NUMBER XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ADDL�SUS POLICY EFF POLICY EXP L R TYPE OF INSURANCE POLICY NUMBER MWD MMID LIMITS A X COMMERCIAL GENERAL LIABILITY Y N CHT141YF14CP01/003 1/15/2014 1/15/2017 EACH OCCURRENCE s 5 000 000_ CLAIAIS-,.YIDE X OCCUR PREMISES EaEt>ccu+rence $ 100,000 X Silica Ea Occ SIM MEDEDW(Any one personI s Included PERSONAL&ADV INJURY s 5,000,000 G EN1-AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 5000000 X POLICY PRO- LOC PRODUCTS-COf oopAGG S 5 000 000 S OTHER C AUTOMOBILE LIABILITY N N PHPK1355832 7/1/2015 7/1/2016 EaacadenntSINED stNGLELIMrr S 1 000 000 X ANY AUTO BODILY INJURY(Pet person) $ XXXXXXX i ALL OWNED SCHEDULED BODILY INJURY(Pet aaadent) S XXXXYXX AUTOS AUTOS NON-OWNED PROPERLY DAIIAGE $ XXXXXXX X HIRED AUTOS rx AUTOS Per accident sXXXXXXX g UMBRELLALIAB X OCCUR N N 103450-1393-XSOCC-2014 1/15/2014 1/15/2017 EACHOCCURRENCE S $5 000 0 00 X EXCESS LIAB CLAIMS-MADE AGGREGATE 5 $5 00U 000 DEDT RETENTION$ PER TH S XXXXX3(X WORKERS COMPENSATION NOT APPLICABLE I STATUTE ER AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERlEXECUTIVE ElN/A E L EACH ACCIDENT $ XXXXX OFFICERRdEMSER EXCLUDED? EL DISEASE-EA EMPLOYEE $ X](X)CXXX (Mandatory in NH) If yes describe under E L DISEASE-POLICY LIMIT S =XXX ( DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space m required) THU CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TER.Mf(S)REFERENCED Auto Liability-S1,000,000--Philadelphia Indemruty Insurance Company,7/1/2015—7/1/2016 RE 2000 Main Street,Huntington Beach,CA 92648 City of Huntington Beach,its officers,elected or appointed officials,employees,agents and%olunteers are Additional Insured(s)as per the attached endorsement or policy language APPROVED AS TO FORM CERTIFICATE HOLDER CANCELLATION See Attachments 12820876 j - Cl of Huntington Beach �" �IC111! I GAttaSf City Art rn��OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City g ` f THE EXPIRATION DATE THEREOF, NOTICE WILL 9E DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS Huntington Beach CA 92648 f AUTHORIZED REpR 7 ©1688-2()1KC9fJD CORPORATION. All rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER CHF12/NA12CPOI/001 COMMERCIAL GENERAL LIABILITY CG20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured ! CG 20 10 10 93 Copyright, Insurance Services Office, Inc, 1992 Page 1 of 1 Attachment Code:D495925 Certificate ID 12820876 POLICY NUMBER: CHF14NF14CP011003 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): Operations. The City of Huntington Beach, its officers,elected or appointed officials, employees,agents and volunteers 2000 Main Street, Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations Section II-Who Is An Insured Is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard CG 20 37 07 04 © ISO Properties, Inc,2004 Page 1 of 1 Attachment Code D495926 Certificate ID 12820876 ACC?R®• CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DDIYYYY) k.� 717/2016 6/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policypes)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu ofsuch endorsements) PRODUCER Lockton Insurance Brokers,LLC N E 19800 MacArthur Blvd,Suite 1250 PHONEarc No Ezt arc,No CA License#OF15767 Irvrne 92612 ADo ESS 949-252A400 iNs R£ s qHG COVERaG NAIL a INSURERA Starr Indemnity&Liability Company 38318 INSURED TRI Pointe Contractors,LP INSURER B 1396463 TRI Pointe Communities,Inc INSURERC TRI Pointe Hanes,LLC 19520 Jamboree Road,Suite 200 INSURER D. Ir one CA 92612 INSURER E INSURER F COVERAGES TRI11006 CERTIFICATE NUMBER 13527850 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS t7R TYPEOFINSURANCE ADDL SUBR POLICY EFF POLIO EXP INSO YWD POLICY NUMBER MMID (MMID LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE XXXXXXX ctAit�s MADE❑OCCUR NOT APPLICABLE DAMAGE TO RENTED PREAO E a ocaxrence X1�XXX MED EXP An one rson XXXXX�x PERSONAL&AOV INJURY $ XXX XX GEN'L AGGREGATE LIMiT APPLIES PER GENERAL AGGREGATE $ XXXXXXX JET �LOC PRODUCTS-COMPIOPAGG s XXXXXXX POLICY❑ OTHER $ AUTOMOBILE LIABILITY M&NED CA SINGLE LIMIT NOT APPLICABLE Eaacadent $ XXXXXXX ANY AUTO BODILY INJURY(Per per") S XXXXXXX AoWED AgIED A� UTOi BODILY INJURY(Per a cadent $ XXXXXXX AU PROPRTenDN,AGEHIREDAIJTOS AO ED a XXXXXXX = S UMBRELLA LIAR WUR EACH OCCURRENCE S XXXXXXX EXCESS UABMS-MADE NOT APPLICABLE AGGREGATE s XXXXXXX DED RETENTIONS $ A WORKERS COMPENSATION PER OTH AND EMPLOYERS'LIABILITY YIN N ]000001422 71712015 717f2016 X STATUTE OFFICEtiRIAEUSER EXCLLAi DEm C N❑NIA Ace +T s 1,000,000 (M.W atory In Hm EL CISEASE-EA EMPLOYEE s 1,000,000 If yes,desarbe under OESCR1PnOt4 OF OPERAT30HS bale L1XSEASE POLICY Uun S 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Re All Operations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 13527850 AUTHORIZED REPRESENTATIVE City of Huntington Beach 2000 Main St Huntington Beach CA 92648 ACORD 25(2014101) @TA8-201"COft CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD I— IV SHEET I OF 5 ACCEPTED AND FILM AT NUMBER OF LOTS DD NUMBERED ����� A'®0 I� �� FIRST AMI TITLE THE REQUEST OCOWANY 15 LETTERED I YA +� rq ACREAGEI 12 413 ACRES GROSS V��/`/ !f-{O ys. 11 65B ACRES NET DATE ALL OF OF TENTATIVEEr 2014- BEING IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE twV/'#76 FEE TRACT NO 17236 STATE OF CALIFORNIA I uM iIv BEING A S.UBONISION OF A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHwtz7 1/4, DOCK PAGC ++ AND A PORTION OF THE SOURRWFST T/4 OF THE NORTHW T 1/4, jf OF SECTION 5,TOWNSHIP 5 SOUTH,RANGE 10 WEST N THE RANCHO IAAS BOLSA,4, HUGH NOUYEN AS SHOWN ON THE MAP FILED IN BOOK 61.PACE 12 OF MISCELLANEOUS MAPS, COUNTY CLERK- OROFR N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CAUFORNIA BY WALDEN DIE ASSOCIATES DEPUTY JEFF-REY A. WALDEN, P L.S, 7914, JANUARY' 2014 OWNFRSHIP CFROFIQATE_ NT. WE TIE UNDERSIGNED BONG ALL PARTIES HAVING ANY RECORD TOLE INTENOT THIS NAP WAS PREPARFII BY ME OR UNDER MY DIRECTION AND IS WISED UPON A FIELD SURVEY IN THE LAID COVERED BY THIS LAP DO HEREBY ANY TO THE PREPARATION IN GORED AT THE REAI'FST OF TON DRABQIERN WAGE F THE SUBENVSEORIEN IMFM SPATE AND LOCAL ORMANCF AND RECONDATTON OF SAID LAP AS SHOWN WITHIN THE DISRNCTNE BORDER LINEALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED DR THAT THEY WILL BE WE HEREBY DEDICATE IN FEE YO THE CITY OF HUNTINGTON BEACH 1OT'LY FOR SET IN SUCH POSITIONS WITHIN SO BAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID nHUC PARK PURPOSES MONUMENTS ABE SUFFICIENT TD ENABLE THE SURVEY TO BE RETRACED f HEREBY STATE THAT THIS WE ALSO HEREBY DEDICATE AN EASEMENT TD THE PUBLIC FOR STRATI AND PUBLIC FHNAL LAP SUBSTANTIALLY CONFORMS TO THE CONDITIONMLY APPNDVED ICNTATNE MAp UMI Y PURPOSES UVER YORKTOWN AVENUE WE ALSO HEREBY DEDICATE TO THE CTIY OF HUNIINUTON REACH 4 L 1 AN EASEMENT OVER LOS'it THRDUCH L07-W INCLUSIVE(THE-PRIVATE STREETS') L�— ANO AL OF LOTS'B' C IWIO C WDNN SAID TRACT FOR POLICE.FIRE AND A WALDEN MATE PUBLIC ACCESS PURPOSES. P L 7B14 b,7TH 2 AN EASEMENT OVER LOTS O THROUGH LOT-W INCLUSIVE(TIE'PRIVATE STREETS' EXPIRATION RATE if-SS-15 [.�tl]1_U AND ALL OF LOTS'B C,AND E WITHIN SAID TRACT FOR PUBLIC IMLI Y P1RPOSM 3 AN EASEMENT OVER LOrs'C THROUGH LOT M INCLUSIVE(THE"PRIVATE STRFkIS^) L AND ALL OF LOTS"B 'C' AND P WITHIN SAID TRACT FOR PUBLIC WATER FACILITIES. CELINTY SURVEYOR'S STATFMEM. 4 AN FASEUENF OVER L0T5'G'110NDUGH LOT M INCLUSIVE(FOIE PRNAIE STREE7'S•T I HEREBY STATE THAT I FNVF EXAMINED THIS MAP AND NAVE FOUND THAT ALL LAPPNC ARM ALL OF IONS'B C AND V WIMN SAID TRACT FOR PUBLIC SEWER FACILITIES. PROVISIONS OF THE SLISOY1510N MAP ACT HAVE VEEN COMPLIED WITH AND I AM SATISFIED S.AN EASEMENT OVER A PORTION OF Lois D'AND'G' FOR PEDESTRIAN ACCESS AND SAID MAP 15 TECHNICALLY CORRECT PUGUC SIOEWALK PURPOSES AS DMICATEO HEREON. � Q THE DCMESFC WATER AND SEWER SYSTEMS AND APPURTEM CES AS SHOWN ON THE DATED THIS A2 DAY OF -204F IMPROVEMENT PLANS FOR THIS TRACT 7 THE ACCESS RIGHTS IN OVER.ACROSS,UPON AND TMOMN THE'PRIVATE STREETS' KENJ R HILLS,COUNTY SURVEYOR AND EASEMENTS WIDTH SA TRACT,FOR IKE PURPOSES OF XWMAXING,SEBNdNC, CLEANINO,REPAIRING AND REPLACING THE PUBIC WATER AND SEWER SYSTEMS AS L.S 4517,EXPIRATION DART'12-31-15 DEDICATED HEREON AL ALSO VEHICULAR A RELEASE AND O YORK O TO THE CITY OF NUINIACCES ILOCHI I / J®� R ALL VEDHKXILM ACCESS NIGHTS TO YORKTOWN AVENUE IXfEPf AT ACCESS 111C1TIDN5 �G �� APPNCVETD BY THE PLANNING COMMISSION BY C S WDIUMN, HER'DEPUTY SURVEYOR WE HEREBY RESERVE UNTO OURSELVES SUCCESSORS ASSIGNEES AND LOT OWNERS IR WNS THIS Rf�AT LOTSSTRE'A THROUGH'P XNCLUSNE,AND LOTS'U'THROUGH'!! CITY ENdNEDNS SYATE]JlENY. OWNER HEREBY STATE THAT I HAVE EYAMBNED THIS MAP AND HAVE FOUND TT TO TE SUB$TAITW.I.T N CONFORM\NCE WITH THE TENTATIVE NAP AS FIFO III AMENDED AND APPROVED TRAP POLIE HOLES INC.,A DELAWARE CORPORATION BY THE CITY PLANNING COMMISSION THAT AL PROVISIONS OF THE SUBDIVISION NAP ACT AD [^�/ ON SUBUMSIUN REGULATIONS FAVE BEEN COMPLIED WITH / / THS STAIEAENT WILL TAKE EFFECT UPON THE DATE IN WHICH THE COUNTY OF ORANOF AP PROYEs B., /ILL 14$MAP AS TECHNICALLY CORRECT NAME THIOMAS J MIICHELL B/ TITLE.PRESIDENT NAkETHOAS G.ORAME DATED ILLS /��� GAT of I✓IV�JYNBlG 201A TIRE VICE PRESIDENT SEE SHEET 2 FOR NOTARY ACKNOWIEAGEMENTS AND SIGNATURE OMSSION THDMAS M VERB ETA CITY ENGINEER DF HUNTINGTON BEACH f CITY X.ERK'S CERTIFICATE, ROE NO 53300 OIPIMTIoN D'GE oI/3o/15 STATE F GLEDRNA CRY TY OF ORANGE BFAfri SS COUNTY OF ORM'CE I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROML 10 THE CITY COUJJNNjf��L��O�F THE CITY HURLING oN FACE,AT A REGULAR MEETING 17ERFOF FE7O ON 111E L2-Ia L S(ATT LESS,SECRETARY TO THE PLANNING COMMISSION OF TEE OTY OF NUMIN°TON REACH DAY OF 2014 AND THAT THEREUPON SAID CCUNCIL O CALIFORNIA.DO HERESY CERTIFY THAT I HAVE EXAMINED THIS TAP AM HAVE FOUND U YO SE BY AN ER 011LY PASSED AND ENTERED APPROVED SAID MAP �T1LofAsE� SUBSTANTIALLY THE SAME AS THE T04TATK MAP FLED WITH MENDED AND APPROVED BY THE 1 HEREBY ACCEPT ON BULILF OF THE PUBLIC YORKTKWYN AVENUE FOR STREET AND PUBLIC HUNTINGTON BEACH CRY PANNING COMMKI UTILITY PURPOSES AS DEDICATED HEREON. SUBJECT TO IWR74MDZTS BEING CONSTRUCTED �l��� IN ACCORDANCE THIN CITY STANOAID5 DATED THIS DAY DE 61L 2014 AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACiC T THE DEDICATION W FEE OF LOT'C' FOR PARK PURPOSES,AS DEDICATED SUBJECT TO IMPROVEMENTS BERG CONSTRUCTED IN ACCORDANCE WITH CITY$GNCAR°S 2 THE EASPNENT PER LOTS'C THROUGH LOT'ie INCLUSIVE DEE-PRIVATE STREETS') SCOTI HISS AND AL OF LUTS'B,'C' AND C WITHIN SAD TRACT FOR POLICE,FIRE,AND PUBLIC SECRETARY TD THE OFfY OF HUNTINGTON BEACH PLANNING COMMISSION ACCESS PURPOSES AS DEDICATED 3 THE EASEMENT OVER LOTS'C THROUGH LOT*IT INCLUSIVE(THE'PRIVATE 511EETS) AND A14 OF LOTS B 'Cr AND C WITHIN SAID TRACT FOR PL@LIC UILLNTY PURPOSES, AS DEDICATED 4 THE EASEMENT OVER LOTS'0'THROUGH LOT'W INCLUSIVE(THE'PRIVATE S7REETY) STATE OF CALIFORNIA N' AND AL OF LOTS'Or.'If AND C WITHIN SAW TRACT FOR PUBLIC WATER FACRMLS 5$ AS DEDICATED ODI)N7Y OF ORANGE 0.THE LkSEMDIT OVEN LOTS'0' THROUGH MDT N INCLUSIVE(THE'PRIVATE STREETS') I HEREBY CERTIFY TEAT ACCORDING TO THE RECORDS OF MY DFIMCE.THERE ARE NO LIENS AGAINST AND ALL Of LOTS'B 'C',AND C WITHIN SAID TRACT FOR PUBLIC SEIYFIR FACILITIES THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNWJO STATE.COUNTY MUNIOPAL AS DEDICATED OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAAESM, G.THE EASEMENT PEN A PURECX OF LOTS'B AND"Cr FOR PEDESTRIAN ACCESS AND PUBLIC SIDEWALK PURPOSES AS DEDICATED T THE DCMESTIC WATER AND SEWER SYSTEMS AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PUNS FOR THIS TRACT AS DEDICATED L TINE ACCESS RIDIIIS N.0%'En ACROSS,UPON AND THROUGH THE'PRIVATE STREETS WTE'C THS DAY T. END EASEMENTS WT4 SAID TRACT FOR THE PURPOSES OFMAINTAINING,SERVICING, CLEANING,REPAVING AND REPLACING THE PUBLIC WATER AND SEWER SYSTEMS AS DEDICATED I THE VEHICULAR ACCESS RIGHTS TO YOR KTOWN"ENE AS REIIASEU AND RELINQUISHED SHNR L.F EIDENRIGH AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION B643S(a)(3)(N COUNTY TREASURER-TAX COUECTGR or OF THE SUBDIVISION YAP ACT DEPUTY TREASURER TOR THIS STATEMENT WILL TANS EFFECT UPON THE GATE N WHICH THE COUNTY OF ORANGE APPROICS THIS MAP AS TECHHNKWLY CORRECT GATED THIS ZA�t DAY OF IFCIMAM,2D14 JOAN L FLYNN BY CITY CLERK OF THE CITY DF HUNTINOTON BEACH Hs -359- Item 4. - 31 SHEET E OF D TRACT NO. 1723 NUMBER OF LOTS 00 NUMBERED 15 LETTERED ADAGE, 12 413 ACRES GRO55 11 659 ACRES NET uiA7201 BEING OF TENTK IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TRACT NO IT= STATE OF CALIFORNIA WALDEN & ASSOCIATES JEFFREY A, WALDEN, P L S 7914 JANUARY 2014 Z,Clfy0f °f Crk3ErfEiJ/5 R£fo2�t'b Jo,VEPYt1�,s V,W APOK 75G8,Y.L4E75�,F f R!,AK McW-DS NOTARY ACKNOYILFOGMFNT �GNATLIIRE ON05SION. STATE OF CALIFORNIA PURSLIANF TO THE PROVISIONS OF SECTION S0433(a)(3XA)OF THE SURDMSION MAP ACT THE FOLLTIWNG SICNATURE9 HAVE BEER OMITTED COUNTY OY 1 SOUTHERN CALIFORNIA SS GAS COEIPANY,A CALIFORNIA,CORPORATION,ITS SUCCESSORS AND ASSIGNS A NON--EXCLUSIVE EASEIMENT FOR FACILITIES INGRESS AND EGRESS AND INCIOENYAL ON OL�Dbe.r 10 A2o)4- BEFORE ME. �I I�T uNII1., 00 pURP YBES RECORDED OVER 9 2014AS INSTRUMENT NO 7014DOD410049 OFFICIAL RECORDS (LOCAROk 6 NOT AIOTTABLE MOM RECORD DOCUMENT) PERSONALLY APPEARED:[h&Wj T —1+t{xII an � WHO PROVED TO ME ON THE MSS OF SATISFACTORY PURSTANT TO THE PROVISIONS OF SECTION 6646(R)(3)(C)OF THE SUSDIYISIGI MAP ACT AC OWL TO E PERSON S WHOSE NAME S)g�ARE SUBSCRIBED TO THE WRNR,'INSTRUMENT AND THE FIOWING SIGNATURES HAVE BEEN GUTTED ACKNOWLEDGED TO NE 1HAi p��gk}E/[1 UTEb THE SAME K y�/A[ROR AurkDRITEO 1 WALTER R GIS ER,HOLDER OF AN UNDIVIDED 6/7Tk INTEREST IN ALL OIL GAS AND CAPAgTYGIES) END THAT BY]lIBA11ER/IHUR SN+YI0.NNL(5)UN THE INSTRVMENi THE PERSONS) OR THE MINERALS RIGHTS RESERVED IN DEED 14ECOR]Etl FEBNUAM 5 19N IM BOOK 1629, ENTITY U ON REILALF OF WHICH THE PfRSON(S)ACTED EXECUTED THE Y67RUMENI PAGE 368 OF OFFICIAL RECORD. I CERTIFY UNDER PENALTY OF PERJURY IT ER THY LAWS OF THE STATE OF CALIFORNIA THAT THE (LOCATIDN NOT PLOTTARUL ALL MINERAL RIGHTS ARE BLANKET IN NATURE) FCREGC%O PARAORAPN IS TRUE AND ODRMCT MONUMENT NOT . L 1NUICAIE ES S EDLWO oCS CPS CONTROL POINT AS N07ED BELOW MY PRINCIPAL PUACL OF BUSINESS W177fE55 LR IN C�T'AY1T 4DUNtt ❑j FOUND BASS FA4 AND TACK IN CONCRETE ILLEGIBLE DO99I 1 2'IN SURVEY WELL 9CNATlIHE MONUMENT RETI COUNTY OF ORMGE CORNER RECORD DOCUMENT NO 2011-7641 B F-I�,p ` POINT IS UDCATOV AT CENTERLINE 1477RSEC71ON OF YORKTOWN AVENUE AND NO41/1-� IPLI U)TIE FDR SMD STATE MY CUMMISSION EX%RE_S W R BROOKHORSF STREET FAD POINT ALSO BEING GPS NUMBER 5DA3 PER RECORDS ON Tw I1 WIiILS MY COMMISSION NIR/BER�8 . �E IN THE OFFICE OF THE COUNTY SUWYCR (NAME EO) © FOUND LEAD AND TACK WrYT1 TAG STAMPED LS 0411" PER COUNTY OF ORANGE COMER RECORD DOCUMENT No 2009-26S1 6 FLUSH,PONT 15 LOCATED AT THE CENrMNF INTERSECTION OF YORKTOWN AVENUE AND WIND STREET SAID PUNT ALSO BEING THE SAME LOCATION AS CPS NUMBER SD44 PER RECORDS ON FILE IN THE OFFICE OF THL COUNTY SUWEYOR 0 INDICATES FOUND MONUMENT AS NOTED BELOW STATE OF �NIA © FOUND GEM SPIKE AND WASHER STAMPED'LS 5411- PER COUNTY DF GRANGE CORNER SS RECORD DOCUMENT NO 2009-2313 R FIUSEL COUNFT OF FOUND GEM SPIRE AND WASHER STAMPED'LS 5411' PER COUNTY OF ORANGE CORNER ON BEFORE ME RECORD DOCUMENT NO 200E-2315 8 RUSH PyLIY APPEARED n POUND SPIKE AND WASHER STAMPED'LS 69W, PER COUNTY OF GRANGL CORNER RECORD DOCUMENT NO 2GD2-18B6 B FLUSH WHO PROVED TO ME ON THE 9 OF SATISFACTORY ll7DENCE TO BE THE PERSONS WIIDSE S R/ARE SUBSCAIRN TO IN INSTRUMENT AND E SEARCHED FUR POUND H07HNG ESTABLISHED AS CENTERLINE MFRSECTION OF NAUNA LANE MKNOIWLDGM 10 ME THAT /SHE/iHET EK D THE SANE%HIS/ EIR AU HOR17E0 AND KULAWA DRIYE PER TRACT NO 4306 M.M 164/12-16 01PAOtYQES) MO THAT�' .S/NEEff1I/M1IDR SIGFIA (S ON THE Nr THE PERSON OR OR THE ENTRY UPON BEWd,F OF WHICH THE PEReON(5)ACRE HE NSTTWMl1T ITT FOUND CENT SPIKE AND WASHER 8TM0'ED'lS 6971E PER COUNTY OF OR GUNNER I CERTIFY UNDER PENALTY OF PERJURY UNDER THE UA E STATE OF CALIFORNIA THAT YY:F 1:1 DOCUMENT NO 2102-17R3 FLUSH ACCEPTED AS POINT ON CLNTERLNE HAUWA ONM FOREGOING PARAGRAPH IS TRUE AND CORRECT WITH ITS INTERSECTION OF THE FAST UNE WEST HALF,NOHTIWIST OUARILIi OF FRACTIONAL SECTION 5 TOWNSHIP 6 SOUTH RANGE 10 WEST IN THE RANCHO L S BULSAS,PER TRACT ND 4306.M M 164/12-I8 MY PRINCPAL P BUSINESS ® SEARCHED FOR FOUND NOTHING WITNESS MY HMO IS IN COUNTY SIGNATURE ® FOUND PUNCHED RAURCbAD SPIKE PER ORANGE COUNTY CORNER RECORD DOCUMENT ND 2002-t897A FOUND ODNN 020 ALCEP70)AS CENTERLINE INTERSECTION OF KN4UELA NDTA: AN PU D FDR SAID STATE MY COMMISSION F3GWRES DRIVE AND PITCAIRN LANE PER TRACT NO,4700 M M 219/10-12 MY COMMISSION NUMBER ® FOUND PUNCHED RAILACAD SPIKE PER PER TRACT NO 4700 ALM 219/10-12 FLUSH E PRINTED) ® FOUND GEAR SPIKE AND WASHER STAMPED-LS 6411 PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2009-2310 S FLU%L ® FOUND GEM SPIKE AND WASHER SMPID'LS 5411',PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO 2009-2M7 B FLUSH ALCEPILD AS SW CORNER IRACT NO, 4705,MJM 219/10-12- ® FOUND GEM SPREE AND WASHER STAMPED"LS 6411' PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO, 2009-2316 0 PLUSH ACCEPTED AS OENrERLJNE OTETRSLCIION YORKTOWN AVENUE AND CANBERRA LANE PER TRACT NO 4983 M M 104/29-31 ® FOUND GEM SPIKE AND WASHER STAMPED"LS 6411' PER COUNTY Or GRANGE CONKER RECORD DOCUMENT NO 2009-2314 9.FLUSH ACCEPTED AS SE CORNER TRACT NO 4305 M M 164/17-111 O INDICATES MONUMERT ID RE SET AS NOTFO BFIOW �5 2- IROM PIPF WITH TAG STAMPED PLS 7RIf OR SPIKE AND WASHER STAMPED*P LS 7914 OR LEAD AND TA8 STAMPED"P LS.791{'TO OF SET PRIOR Tjl1{ECOROATK].N DF THk 1MMP IRON PIPE WITH TAG STAMPED'P LS 7114 OR SPIKF AND NASTIER STAMPED'P LS.7914 OR LEAD AM TAD STAMPED'PLS 791f TO RF BFT AT ALL TRACT BOUNDVASE Y CORNERS,WITH LEAD AND FAG STAMPED'P LS 7941 OR SPIKE AND WASHER STAMPED PLS 7914 TO IMP ON A 976 OFFSEY ON THE FRONT PROJECTIONS OF ALL LOT ONES AND RADIAL ON ALL IMLY FRONT CORNERS hRUYTiH6 THE STREET,WBL11N RO GAYS sj)EA ArY'EPT OF iMPROlETENTS_ MINI FSC OTEFRM:NOTYO. SPIKE AND WASHER STAMPED'P.LS 791f AT CFNTERLNE C(NRTRUL EG BC ANU CENTERLINE INERSEC IONSJ OF ALL PRNATE SRR}�75,�MTHIN 90(FATS ARER A[x 1MPROVF]MENIS UNLESS DTNERMSF Holm. Item 4. - 32 HB -360- SHEET 3 OF 5 1 A RLAE 1 w3 ACRES BID GROW TRACT' NO. 172 8 15 LETTUkED HAUWA Ufav� I1&%ACRES NET CDT A8p6 \ DATE OF SL''WEY'JAMWIY 2014 BEING ALL OF TENTATnE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TRACT No 1723a STATE OF CALIFORNIAL — - J Tt&Sa WALDEN & ASSOCIATES —10.64 I JEFFREY A, WALDEN, P,L.S, 7914 37'— HIM 2D14 LOT Up � SEE SHEET 2 FOR MONUMENT NOTES \\ ID) �L4 ' SEE SHEET 5 FOR LNC AND CURVE TABLES, SURVEY NOTES: SALE 1' (R1)INDICATES RECORD DATA PER GRANT GEED REGARDED 11-29-05, RILIS of BEAwI1OS, AS INSTRUMENT NO,200600091B113,OR THE BEARINGS SHOWN HEREON ARE BASED ON THE BFARWG BETWEEN 0 C&HORIZONTAL CONTROL (RZ)NDICATE$RECORD DATA PER TRACT NO 4701,M V 216/10-12 STATION CPS MO,SO43 AND STATION CPS NO 5044 013NO NORTH 873D'OG'WEST PER REGOROS ON FILE IN THE OFFICE OT TIE ORANGE COUMY SURVEYOR, (R3)INDICATES RECORD DATA PER TRACT NO R305,M M 164/12-18 QA7 W STD,-_ UMF(T7 (1114)INDICATES RECORD OATA PER TRACT 40 4683,M M 104/20-31 COORDINATES SHOWN ARE RASED ON THE CALIFORNIA CDDRDINAIE SYSTEM(CCS63) ZONE V, (M) INDICATES MEASURED RATA 1993 WAD,(2007 DO EPOCH OCS ORB AWUSTMENO ALL DISTANCES SHOWN ARE GROUND JNLESS OTHERWISE NOTEp Tp OBTNN GRID 135TANCE Q LS7nusmD BY RECORD INSTANCE AS SHOWN MULTIPLY GROUND DISTANCE BY 099997706(SITE SPECIFIC) ❑B ESTASJSHED BY RECORD DISTANCE AND BEAMING OIFFEIENCE FROM FASEMEFVT LEOENIT. 6 14NAWA DME AS SHOW ® INDICATES AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES,IN FAVOR OF © ESTABLISHED BY INTERSECTION _"——————————————————— THE CITY M DE HOFFILUIL R SEATµ RECORDED DUNE 24 1865 IN BOON I56& PAGE 954 OF DiF1CU1 RETORT& I { I BO INGRATES AN EASEMENT DEDICATED HEREON TO THE qTY OF HUNINGTON BEACH FOR Tj PEIIESTRIAN ACCESS AND PUBLIC SIDEWALK PURPOSES 1�T O INDICATES AN EASEMENT DEDICA10 HEREON TO THE PUBLIC MR PUBLIC STREET AND URLIIY PURPOSES. _J r0 cs CPS STA.5D43 ACT NO OPS TIE DATA $ I N=2195tS'12 17238 LOTS'A THROUGH M INCIA151K ARE MOO-fRUIDABL LOTS E-80433DS52 NO SCALE LOT'A" 15 FOR PRIVATE LANDSCAPE PURPOSES I 95129 De I LOTS'BF THROUGH'P INCLUSIVE ARE FUR COMMON AHFAS E=604595316 LOTS'G'THROUGH-N' ICLUSN'E,ARE FOR PRIVATE STREET PUBLIC I N 8Tf9'3T E 77298' UTAIM1'AND EMERCENCY VEHICLE ACCESS PURPOSES { GPS RE - H 872Y5',f M 11 D741' GP5 TIE I LDT D' IS TO HE DEDICATED N FEE TO THE CITY OF HUNDNOWM f RA515 pF BFMINas x a9T30'0.7 w 2849Bd ORNO {2649 74 GRID-) HFACH PER THIS FINAL MAP ( ) YORKTDWN AVENUE ` KAALFELA DRIVE L————..- —._._ ——�..-—.————— _J ..� _ N 89'33'DTf I 1079 77' (N 887TV E R2&R3) G a3131 (7]1 W' R3�- �, Ji8,37'_TZ 45 RXF 2 1 -" C — 30'30' NL 4 g 0 IN 1/2,NN 1/� TRACT LNO 47D8 7 A SEC 5 Tf SMR(R; M N 219/11) .12 a. 9 Tr77 T3. I EAST LINE T {A $ In TRACT NO Q05 n MIA 114/12-18 C 1 N 6 HALAWA DRIVE — �i N Il9'32 13' W HOBO 11' IN BMW E A2 R R3 MOTS Be 10 34857' 34&4$lT __) 'T I-"-4 i 'T 'l— a9 I 2a5 1294 i Z33 f .1 '1 g l _yB 1 SD aj 82 1 B$ 207 L----3--"J-� 1 f.T_.i3�.'-'1._...L.._.I_-.. .I,-.._.."'...-_L—�—1—� 8 1 J, i 16 1 za2 I zaj 1 230 1 220 1 228 18 27J 1 1 I� -- - -+ __ 8 I N hr3r 3'I w 9UI R' N BB52R09 E d01 57'0 1� �� LR (u 11 R2} I B w�R�a PPy�as L 2881 A BEE ETA A' PURw ro W IRE 104 S or Tltl I m L bNLS)T�Y LOT D" 35 35 34 I 32 31 30 29 28 27 6 25 2 r6 IL 22 B4 I W� � rxlrmAT PUNk wouRec omE 1 00 111 -( 1y1y a (IRATE w1IxcRR1wH Iwr wwm) I 239 37 8$I 5 F } ALP�c'LnsrciP oA ^ 9e F ___ LOT'L' PATCH DRIVE LQT's I OT"0' {1]0 pD'R2 } 1411 8 LOT'k 21 ¢s $ ¢ .u A w 01 A 39 { �H 42 43 a1 62 8D _- IBtlI as bi �2d4^� 41So 100 EO I _ �.. 40 ° .m'4... 15 R 44 60 -B3 79 19 W} i v SCALE N TEST 242 N 89.32'1S W 221L I I 45 59 64 1 CAL=t0F 1L __ (N B9'52 D8" E 228 UD'R1) I 1 I 18 b ( "3 --"SEE SHEET,NS- - 11MH $ 249 m a �,tn�Tl' Q,`a 46 56 BS ' 77 _ 68� G ----o- 99,C-� 0' �47 57 0 66 76 W 5--- �a I244-8's rSy S��1� � I�OT•0 754B 5B S 67 1S IIBQ� al ri1 Ir I 246 9 Nw ryo00O I S 49 55 I 68 J 74 I py tie/io V2 o I s 14 9J'3l1' tM 30'30' ---H.,_.(('' 'c0 g 50 54 69 73 = 24B bI' 13 7 02 J a I 51 52 53 70 71 12 F3 LOT 'Al z $ I 247 ( ) w I 72 a Z s 226Dd M R Rt w 11 (1 W0p'605� -- z CHRISTMA8 b I - C 8 B L07 G' 7HOIHIPSON DRIVE LOT">f m 10 DRIVE a .L, 2 ------ 15 L p�1C�PT£D AS THE `P �B 9 a z I 1 2 3 4 5 6 7 6 p --SaUT1TWE5T COHmR1 4 N aBBO' W 228,00 I J 12 9 8 TRACT NO 1708 � LOT'A" j MA 219/ID-12 2 N 88'S4'S1 E 220 DO R1 1JOAd 82131' 62,13 TALC R2 k R346 (332 OO RS) ?200 00 R3 (I]1 01'f23) YORKTOWN AVENUE 1802 74' 602,II8'CALL R ) g B C 67' 218 4a R2 13000 MtR2 976 25' G�LC R2]. I 722,03 (712.01 1270BB' (N B!<'3151' E 723688'R4) 110646' t4 13 SEE SHEET 4 1]2503 1]24111 do R3) 1321 7T {T324 69 RS)———— 11 N. 1 EASE OF BEAR9ICS N 89'30W W 2649,8U'(GROUND) (2049 74 GRID) (N 88'04'61 E 2649]9 R2 h R3) E=60133OT.52 ACCEPTED AS THE S) 4 g 6 SOUTSOUTHEAST E 0 43o5NER CANBEItRA LANE SD,_LINE 0 CS OPS STA.60" PI A G Y N M 164/12 1a BOUNDARY CONTROL g j T.1RI. 5, E-604603.15 SCALE=1'-iDD i g 4 2 e PER{q3) HB _361- Item 4. - 33 SHEET 4 Of b ACREAFE°;z�ACRES GRMS TRACT NO. 17238 15 LETTERED 11 GM ACRES Hu DATE N0 ALL OFF EXTATNW RY 70i 1N THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TRACT NO 17238 STATE OF CAUFORNIA N hml b x o 49 w SEE:HEFT 2 FOR MONUMEMr NOTES WALDEN & ASSOCIATES STATEMENT SURVEY NO 3 FOR TES,GENERALRY NOTES,AND MSimuirrI NOS LEGEND JEFFREY A. WALDEN, P,L,S 7914 sauc IN FEET SEE SHEET 5 FOR LINE AND CURVE TABLES p 6 JANUARY 2014 I 1 9wp=49 tL , 292 231 A R p'f N D. i 22B4 j i g i e! 221 1r5kF DETMI•� 80 i 81 5 82 — N a9R21s 601.71, 230 ;,4, lµ 228 Y NON WWI 3 W s 47,01Y t 4500 4700, 47 45ay 27 jr 4 47 OT 5719. 84 LOT 34 W LOT 33 ,g LOT 32 "� LOT 31 "' LOT 30 "' LOT 29 "' LOT Y8 r LOT 27 "' LOT 26 w LOT 25 "' LOT 24 LOT 23 LOT 22 P 4 360 S.F w q 4,185 S F o o 4,341 S F 4,332 S F 4,322 S F 4 130 S.F"'q 4 304&F P 4 291 SF c 4,270 S F 4 005 SF a 4 256 Sr a 4,715 8 F o ^ z z z 4700 x 4S 00' 47 DD 4700 47.00' 45 DO z 47 00 47 DD 47 OT 45W 47 00' z1 5225 —17048 - 231 DO 12102 164 23' LOT'C" 8� _ LOT•L' —N 89'46b4"W 686.34 S LOT'F' C�� °d —N Br4G54•W 52210' 15904 S.F 31878� u$ 125 57'V--44452 22067 - 178,91 ., W 110.17 17&63' - 43,00— 121,pr ' ��LDTK" 11.89208DO S F PATCH DRFVE 9 LOT 21N W46'5f' W 132 63' cPRIVATE STREET> N ar4r5, W 132 91' 4,629SF 66,31 86,32' o'` S646 ab86 LOT 43 LOT 61 LOT 02N 80.4654"W 9328' ry g LDT NNI (,1805F 999 4100SF I 4188SF ,� 4,1875E b LOT20 g I '4a' 'W 162 WN BY46 W W 18Y 9 n S b v 4 385 S F Sy 61 31 6137 Z^ 81 46' 0145 $ aP4'5' w w.3187 $ LOT 41 $ LOT 60 $ g�w� S g LOT 63 bo LOT 79 $ ffi T 1 W 38218 F 3,872 SF r$Z $n 3,829 SF ;� 3,828 SF LOT 19 N 89'405T W 16263' ~pw N 8r4854 W 19091' 9387 SF _r 51,71 a1.32 3:2 81 46' 61 46 78 - N 89.4 1 O` ga 4 LOT 46 LOT$0 S Z I LOT 64 LOT 78 9 8j 28 00 9334, Z J¢ 3659SF ',j 3b69:F �'� g 3629 SF $ 30288F ^, $ LOT 40 bb 8$ v N B9.46'Se W 1900 1 N 89.40 54 IN 190 01 ^ 4,380 S F �r )- W N 0131' 8 a1 32 26 7800 At 46' Bt 45 U $ LOT 4a $ LOT 56 $ N 69Y854" 93 e Q LOT-N- 31821 SF w„ 3822SF LOT'M 38885E S 3,665SF Zw a W 2bb1720 S F o 12992 S F Z Z 8 $ LOT 17 r IL3 I $ - N OW4654 W 162 a3' I N B9'4654`W 182 91' ¢ 4 39p S F 8B 0 51 Ji' a1 32 _ 01 4a' w 61 45' 9141, Z. �c LOT 47 4 LOT 57 8 "' d $ LOT 40 g LDT T6 .� 3,821 S F z 3,622 5 F ~ 3.029 S F 7 ,.,w$ $$ LOT 10 $ �T-- M of 31, 01 32 1. 1g 1. B)40' z 81 4E' ba 7B' . C 4391 S F Y 14 N 119'41754•W 162 6Y n 9 - N 89'46' W 162 9 V K' 25 C C er 654"W 9444 Lu z S LOT4a c LOT 56 bo S§ $ $o LOT 67 g LOT 76 $ 25 g LU E 3 8215 F 30225E �zsIa % 3868 SF 3.6658E g LOT15 �_gb 4i N or SC, 152A 3 N 89'40'4 1' 28 zB rj 4 393 S F E51,31 81.32' 91 46 et Is' $ LOT 49 $ LOT 55 LOT ae L07 I" N BP4E 54'W 93 48 w $ $ LOT 74 0 14364Sr B1 to 3.858 5 E 3 659 SF r 3 029 8 F y^ 3 BYB S F P 29 28' $ LOT 14 t a9'46 6T N 48'4 W 16291' ;' 4 394 S F 25 8131 8132' 8148 9145' - N 6946'64" W 12151 LOT$0 $ LOT 64 ( $ LOT 09 LOT 73 g 25.00 93,51, C 3.821 SF 38228F ,� w 3,82E SF 3826SF $ —N 68'48547 W 46A54' LOT13 8 B2 a132 W B7 46 8145 f 4,390 SF 300D Moo 5253' Do 2&OG, 2aOG, 5500' 5291 SS DO Y800' LOT 51 "' LOT 52 LOT 63 n LOT 70 LOT 71 LOT72 R w a a LOT 12 g "A. 4360 SF 9,2318E a 43885E 44198F 4311 SF 0.MBSF ., 4397 S.F -- �� �r 1 J � l 1 S N 89.46 W9 57 c,0 4O DT z 52.63 z 39.93' G�4 cJd 40 O7 x 6291 ' z J8 93'- M LOT 11 $ B3 N 89'lOV W 132.63 THOMPSON DRIVE N Wo'D5 w2is2.91, \, o`� A399 S.F 220,3 R 0RIVATE STREET> 175 75 N OT46 54• W 9360 -- LOT-P.- — _ —79,97 9Y 8f 'LOT'H" 33944 S F N N BY3005 W J86.33 2 69 J \ 3S N�3D'05"W 361 12' y N 13711 S F `b LOT 10 $ G,^ 22 SB' 47OW 4700 45,00 4700 4700 $ 47 DO' 95 74' 4 40D S F B4 45 OD' 3)4'16 v s In- $ LOT'F" $ LOT H M LOT Y LOT 3 LOT 4 C,8 LOT a y,$ LOT 6 "' LOT 7 4 500 S F � z C,'R $3,995 8 F 3,996 SF 3,025 S,F 3 995 U 2SS 995 5 F i^ 9,986 5 F t 25 3366 S F 9' z 3, g U25 S F LOTS 63105E cN z z N 89%*or W 49418 $ z z z 47DD 4700 4&OD' 47 00' 1 47A0 47 DT 0ov 50.00' 2550 93.88' LIS - i 10 00 L07"A" 4943 S f 49424 lam -593 25' --N 873OW W 82125' ACCSS RIGHTSTO YORINTOWN AVENUE REIFASED A C ANO REUNOUISHE TO THE CDY OF HUNTINGTON BEACHEXCLTT'AT LOCATIONSAPPROVED BY THE PLANNING COMMISSION.s�YORKKTo.m AVENUE �1 g 1tso-ow— 0 5 W 2W9B0' B4SIS Of BFARMGS — Item 4. - 34 HB -362- OF SHEET° 6 TRACT' N®, 1723 NUMBER OF LCTS1 60 NUMBEAEO 15 S GROSS TERED ACREAGE. 12 413 ACRES GROSS 11 059 ACRES NET DATE F BEING°ALL OF�TENT�TTv�2014 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TRACT NO 17235 STATE OF CALIFORNIA wALDEN & ASSOCIATFs 4 g 0 8 SEE�SHEET 2 FOR MOfAMENT NOTES, JEFFREY A. WALDEN, P L.S 7914 ( R A T N O' 6 4 t i SEE SHEET 3 FOR BOUN)ARY CONTROL,BASIS OF BEARINGS,DATUM JANUARY 2014 I NL M i 232 231 STATEMENT SURVEY NDTES,GENERAL NOTES AND EASEMENT LEGEND a 208 1 236 284 233 A 96.17, 5590, 4 s 286 $g Lm.O,. � n _-- m 7754SF 1A LOT 36 W w LOT 75 LOT 34 ----$ -- �6,212 SF LOT 33 LOT 37 4qA 4192SE 43695F o 1.aE 231; 3 z z z LOT 97 CQ,11 4,671 Sr C6 3106 1 45.00 47 W' LQTV NW4654111 6aS"p0—W 69'J2'4r W 97 y' { i` � 125 57 13923 S F N 6B'4612 W"'522 10--LOT--, PATCH DRIa M 75 fi3— 4,p 20 4p 60 - 4 �,LOT 38 J ,�<PRNATE STREET> 8 °48 � N W4654'W 244 ,. 'Pb y", 4ti L1 4, r� , '1 1316Y— �L SgIE IN FgT x N a99'46 19 P "N; I Ach-43 K 'o ,+3, 00 30.0017 -'-- LOT39 i '+.� Ct5 0\"`}-6 I LOT 43 4374SF 19-, ga 1'E LINE TABLE 241 e W 9307 '"I LOT 41 w ✓` ti - -0 fywW I5,1278F IB LOT 42 R y 8,MDSF INE SEANND 06i7Aw.6 iI ,= LOT44 IT N 6P46'64 W Y5.D7' r n LOT 46 ,Oj 11 ' $ S 30 3d 1_ _ ,� >!,� i3 z L2 N S7ST47 w 1 es -- 4,814 S F l3 NOR104 4'E Mir LV 93 Os' A 2506' Z 5Lrz. 3500' (LT R2) (N o144'21'D (Mir=) "� 1� N 6P3z 1 w 228,00' L4 N or511f E 4040 242 55 1 1 72' LOT45 '4Y (L4 R1) (N Dt`I935 IY) (10.110') �. is H 0713'Od E 13LO' L6 N 3mi{'W 36M T' L7 N 00R9 SS E 2ADO LOT"W LOT 48 U N OP43'0!•E 2606' 243 21720 S F 0 N III W M39 �O YNE �g W L11 N 2Y32'S8'W 4&64 ---- LOT 47 W y L12 N BB'3d05 E 5413 ggpaH L13 N OPid44'E 13012 IµSIN9't Dld (C13 R2) IN 0144R1- ) (ISO Ir) 244 GlY`t 0� h L14 N sr"w W 2116w r LOT 48 (LI4 R2) (N BB545Y E) (219{6') I W L15 INDdId44'E 26201 ----- 91 W (L16 RI IN D174'21-W) (262x) L76 N DO�IOk+f E 79$41 LOT A9 ?46 30 0 (LIS R2) INOI P'('PI�('� I796S4} f n NOT A PART LOT•o^ g Z CURVE TABLE 92T-0 aavEI IMCN6 UNDTN g LOT 60 O 021 AC H W S4'W 469 54'— C7 MW 23,56 244WOPC2 2&Od 2296 13DW 3000' W 25.DC IC'JO' C4 aw 12M'L6 4100' IM51' A8Tt3' 0A LOT51 410d 1123' NO Z Ian 247 lrl6 0 C7 14W'O'>' 41 ar 1611 z kUl 32WW 41 Dd 2Jw'4 z 2P13R9' 410°' IS 4W LOT N863, W ----y 339445E 1J2fi3'- 61013{ 41 Od 47.97' r' I M 63 — 7V42'Ir 41 OW. 6417' 1J N ad3D'05'W 396.33'� VOIDGW' 71 DO' Ill&Y C 2411 N 69'30Y3r w 40223Y 7100' 5o C4' C; - 4 49'37tlY 71 Od 6140 b' 30 06 9R1647 71 DO' 11147 -- cis 40-3944' 71 ar W.J9 g C17 Wir4C 15 W 23,64' I 'rb',�-i LOT'F LOT1 cis B9M31r I&M 2146' 240 ' Cis MG A6' 4UW ST TV B c2D 6000'OC 4300' 6734 5 2 01 -{ I L12_ C21 B9M311' 2&OD' 3%IS' 6_ RZIvo-- ' LO7`A' C22 or 177 I&W 17.69' � �- & b iv-3.25"— C23 070{N77 41 Od 505' ACCESS RIGHTS TO YORKMINN*WX RL1fA5E17 N Arx'W Wq III-- AND RFLNOUISHM TO THE CRY OF HUNRNGfON BEACH A C C24 =74C 2&W 2315 D(CEPT AT LOCATIONS APPRWED BY THE PLANNING COMMIS90X 521 31'--- 260n4 rk YORKTOWN AVENUE 14 T N 69�Q'OS'M 2619 ^-- (BtSIS OF BEAW.T HB -363- Item 4. - 35