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Approve Subdivision Agreement and Bonds for Final Tract Map
Dept. ID CD 16-014 Page 1 of 2 Meeting Date:9/19/2016 CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL ACTION MEETING DATE: 9/19/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve Subdivision Agreement and Bonds for Final Tract Map No. 17930 for the Newland Condominium Subdivision by The Olson Company located on the west side of Newland Street, approximately 220 feet south of Slater Avenue. Statement of Issue: Approval is requested for the Subdivision Agreement and Bonds for Final Tract Map No. 17930 for the Newland Condominium Subdivision. On August 1, 2016, the City Council approved Final Tract Map No. 17930. However, omitted from the submittal was the required Subdivision Agreement and Bonds which should have been considered concurrent with the Final Map. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Olson — Huntington Beach 3, LLC for Tract Map No. 17930, accept security bonds, and instruct the City Clerk to file the following security bonds with the City Treasurer: a. Faithful Performance Bond number PB03010402994 b. Labor and Material Bond number PB03010402994 c. Monument Bond number PB03010402995 Alternative Action(s): The City Council may make the following alternative motions: 1. Deny the Subdivision Agreement and Bonds for Final Tract Map No. 17930. 2. Continue Subdivision Agreements and Bonds for Final Tract Map No. 17930 and direct staff accordingly. AnalVsis: On August 1, 2016, the City Council approved Final Tract Map No. 17930 to consolidate two parcels into one lot for condominium purposes in order to develop an approximately 0.829 acre site consisting of 13 for-sale townhome units with associated open space, infrastructure, landscaping, and utility/fire access. During that approval process, the Subdivision Agreement and Bonds should have been included; however, those documents which were agreed to by both parties and in final form per our City Attorney's office prior to approval of the Final Tract Map, were inadvertently left out of the August 1, 2016 submittal to City Council. It is standard practice for the City Council to consider the Subdivision Agreement and Bonds concurrent with the final map approval. The Planning Division's recommendation is for the City Council at this time to approve the Subdivision Item 5. - 1 HB -60- Dept. ID CD 16-014 Page 2 of 2 Meeting Date:9/19/2016 Agreement and Bonds pursuant to Section 253.18 of the Huntington Beach Zoning and Subdivision Ordinance. Environmental Status: This action to accept Subdivision Agreement and Bonds for Final Tract Map No. 17930 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Final Map 17930 approved by City Council on August 1, 2016 2. Subdivision Agreement for Final Map 17930 3. Bonds (Monument, Labor and Material, Faithful Performance)for Final Map 17930 xB -61- Item 5. - 2 ACCEPTED AND FILED AT THE SHEET 1 OF 3 SHEETS U CT 17930 FIRST AMERIGNS 1TTTLE COWANY 0, NUMBERED LOT 977 ACRES(42537 SOFT)GROSS T 0.830 ACRES(36137 SOFT)NET 17 THE CITTOFHUNTINGTONDEACH,COUNTYOF ORANGE.STATE OFCALIFORNIA DATE:_ ALL OF TENTATIVE BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF THE TRACT MAP 17930 TINE: FEE: SOUTHWEST QUARTER OF SECTION 25 OF TOWNSHIP 5 SOUTH, RANGE 11 WEST DATE OF SURVEY OCTOBER 2015 IN THE RANCHO :.AS BOLSAS, RECORDED IN BOOK 51 PAGE 13 OF INSTRUMENT No. MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER. BOOK PACE ._ FOR CONDOMINIUM PURPOSES HUGH NGUYEN THE IDS GROUP PIETRO GAMBINO. P.L.S. 7687 DATE OCTOBER 2015 COUNTY CLERK- RECORDER BY: OWNERSHIP CERTIFICATE: SURVEYOR'S STATEMENT: DEPUTY WE,THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A THE LAND COVERED BY [HIS MAP,DO HEREBY CONSENT TO THE PREPARATION AND FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP RECORDATION OF SAID MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER JNE. ACT AND LOCAL ORDINANCES AT THE REQUEST OF OLSON HUNTINGTON BEACH 3. WE HEREBY DEDICATE TO THE PJ3UC IN FEE SIMPLE TO THE CITY OF HUNTINGTON CHARACTER CTEROCTO AN.2OCC 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN BEACH FOR STREET AND PJBUC UTRTTY PURPOSES: NEWLAND STREET SLCH POSITIONS WITHIN 90 DAYS AFTER THE ACCEPTANCE OF SITE IMPROVEMENTS; THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. WE ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. AN EASEMENT DFDICATFD TO THE CITY OF HUNTINGTON BEACH OVER PRIVATE STREETS FOR POLICE,FIRE AND EMERGENCY SERVICES AND FOR THE PURPOSE OF MONITORING AND INSPECTING GROSS POLLUTANT REMOVAL DEVICES --7 - WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH ..11:��VV• _ ������ { 12,)31�fv '.I A,_VEHICULAR ACCESS RIGHTS TO NEWLAND STREET EXCEPT AT APPROVED PIETRO GAMBINO ACCESS LOCATIONS. PLS 7687-EXP 12/31/16 ` OLSON-HUNTINGTON BEACH 3, LLC _ A CALIFORNIA LIMITED LIABILITY COMPANY BY: IN [OWN COMMUNITIES. _LC CITY ENGINEER'S STATEMENT: A CAUFORNIA LIMITED JABIUTY COMPANY HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SOLE MEMBER SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP AS FILED WITH,AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION;THAT ALL PROVISIONS OF THE BY: OLSON URBAN HOUSING,LLC SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED A DELAWARE LIMITED LIABILITY COMPANY WITH. � MEMBER DMT YY PV BY: IN TOWN WING.INC. DATED THIS 1A DAY OF�. 2016 '( AWAREM CORPORATION A NG EMBER ----+ 4TH. M. . CITY_NCINEER NAME: OTT LA:1 RCE 53300 - EXPIRES 6/30/17 TITLE: PRESIDENT&CEO COUNTY SURVEYOR'S STATEMENT: BY: / `--- I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL NAMF� M 10 U •A MAPPIND PROVISIONS OF THE SUBDIVISION MAP AC1 HAVE BEEN COMPLIED WITH AND TITLE. SENIOR VP&CFO I AM SATISFIED SND MAP IS TECHNICALLY CORRECT. BENEFICIARY DATED THIS DAY OF _DAY OF 2016 WE_15 LARGO BANK,NATIONAL ASSOCIATION, BENEFICIARY UNDER DEED 0=TRUST RECORDED ON MARCH 29, 2016 AS INSTRUMENT NO.2016000130509, OF OFFICIAL RECORDS. KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 BY: NAME'� 1KP. III SENIOR VICE PRESYM� BY:JON C.HORNECKER,DEPUTY COUNT-SURVEYOR L.S.7212 CITY CLERK'S CERTIFICATE: NOTARY ACKNOWLEDGMENT: STATE of CNJFORNIA CITY CF HUNTINGTON BEACH SS FOR NOTARY ACKNOWLEDGEMENTS SEE SHEET 2 OF 3 COUNTY OF ORANGE 1 HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2016 AND THAT THEREUPON SAID COUNCIL DID. SIGNATURE OMISSIONS: BY AN ORDER DULY PASSED AND ENTERED.APPROVE SAID MAP. P.RSJANT TO THE PROVISIONS OF SECTION 66436(9)(3)(A)&(C)OF THE SUBDIVISION MAP ACT,THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: I HEREBY ACCEPT THE DEDICATION IN FEE SIMPLE FOR STREET AND PUBLIC UTILITY PURPOSES: NEWLAND STREET. THE CITY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR PUBLIC STREET,UTILITIES, ALSO HEREBY ACCEPT THE VEHICULAR ACCESS RIGHTS TO NEWLAND STREET AS AND INCIDENTAL PURPOSES RECORDED SEPTEMBER 21, 1988 AS INSTRUMENT NO.88-479742, RELEASED AND RELINQUISHED. OFFCAL RECORDS (PLOTTED HEREON). AA STUART, ET AL, PER RESERVATION MADE FOR PUBLIC STREET PURPOSES PER DEED I ASO HEREBY ACCEPT THE EASEMENT OVER PRIVATE STREETS FOR POJCE, FIRE, RECORDED NOVEMBER 12, 1941 IN BOOK 116, PACE 354 OFFICIAL RECORDS (PLOTTED EMERGENCY SERVICES,AND FOR THE PJRPOSE OF MONITORING AND INSPECTING HEREON). CROSS POLLUTANT REMOVAL DEVICES. ROSA WATERS PER RESERVATION MADE POR OIL, GAS,AND OTHER HYDROCARBON SUBSTANCES AND DID APPROVE THE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY,AS RESERVED IN 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT. A DEED RECORDED FESRUARY 20. 1964 IN BOOK 6938 PAGE 101 OE OFFICIAL RECORDS. THIS STATEMENT WILL TARE EFFECT UPON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVED THE MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF , 2016 COUNTY TREASURER — TAX COLLECTOR'S CERTIFICATE: JOAN L. FLYNN. CITY CLERK STATE O-CALIFORNIA ( CITY PLANNING COMMISSION CERTIFICATE: COUNTY OF ORANGE ) z SS I SCOTT HESS. SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS 1 HEREBY CERTIFY THAT ACCORDING 10 THE RECORDS OF MY OFFICE,THERE ARE NO MAP AND HAVF FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID FP'ED WITH,AMENDED,AND APPROVED BY THE HUNTINGTON BEACH CITY PLANNING STATE,COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED COMMISSION. AS TAXES NOT YET PAYABLE. y+,/ AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF DATED HIS DAY OF 2016 THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. f+ ff/li DATED THIS DAY OF ,2016 S _.. .. SECRETARY TO THE PLANNING COMMISSION PFREIDENRICH BY: NTY TREASURER-TAX COLLECTOR TREASURER-DIXCL_EFOR CONDOMINIUM NOTE: THE S000MSION IS APPROVED 45 A CONDOMINIUM PROJECT FOR 13 UNITS WHEREBY THE OWNERS OF THE UNITS OF AR SPACE WALL HOLD AN UNDMOED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. SHEET 9 7T ACRES(2537 SOFT)GROSS TRA CT 1793 0 1 NUMBERED LOT 0.830 ACRES(36137 SOFT)NE I. Lv THE CITY OFHUNTINGTON BEACH,COLIN"OF ORANGE,STATE OFCALIFORNZ4 ALL M OF AP 1793300 FOR CONDOMINIUM PURPOSES DATE OF SURVEY: OCTOBER 2015 THE IDS GROUP PIETRO GAMBINO, P.L.S. 7687 DATE OCTOBER 2015 NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNFD THE DOCUMENT TO WHICH TTIIS CERTIFICATE IS ATTACHED.AND NOT THE TRUTHFULNESS ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA)2Z J SS COUNTY OF ORANGE )))) ON IAA &_ lb BEFORE ME,N.$'FEW KELWEC A NOTARY PUBLIC, PE RSONALL aPPFARED�T[LAURJE dr MALte LIMA WHO PROVED TO ME ON IHE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(5){$J�SUBSCRIBED TO THE WITHIN INSTR ENT AND ACKNOWLEM�ED 10 ME THAT MC�19MC EY XECUTED IHE SAME IN.tlM479fER Hfl AUTHORIZED GAPACITY(IES),AND THAT BY 1 FJ SIGNATURE(S) ON THE INSTRU NT THE PFRSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTFD, EXECUTED THE INSTRUMENT, I CERTIFYCERT UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT T EG HE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. SIGNATURE _� MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS INIaf AW—gEL,GS COUNIY MY COMMISSION EXPIRESj'_jN_2,,6 NAME PRINTED T�mAniSSTa�# ZoD7J�50 NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS OERTIFlCATE 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�ALIFOR��N�IA.))} SiM.'A'«)SS COUNTY OF ORMiBE ) 01,11i,-C J 1 eK BEFORE ME, jr*..4 .4V A NOTARY PUBLIC, PERSONALLY APPEARED T,A w ,t [MT+i,At✓ _ WHO PROVED TO ME ON THE 8A515 OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAMEW IS/ATIE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHf/THCY EXECUTED THE SAME IN HIS/HCA/TIOTIR AUTHORIZED CAPACITY(/ES),AND THAT BY HIS/H&/THF3R SICNA7URE(9r ON THE INSTRUMENT THE PERSON(B), OR EN111Y UPON BEHALF OF WHICH THE PERSON(S'J ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE L-FY�.XK�� MY PRINyCCIPAL PI ACE OF BUSINESS NPAKY PUBLIC IN AND FOR SAID STATE 15 IN,.Si A DAY N COUNTY p S�L, A(;.�<}(4 h e)*✓ __ MY COMMISSION EXPIRES lT/I1r�21,2 0/7 "NAME PRIMED C'aAwq.)ST/FH�j10/ O/ NOTARY ACKNOWLEDGMENT; A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTFCATE VERIFIES ONLY THE IDENNTY OF THE INDIVIDUAL WT10 SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED.AND NOT THE TRUTHFULNESS.ACCURACY,OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA 55 COUNTY OF ORANGE ON BEFORE ME,_ ,A NOTARY PUBLIC, PERSONALLY APPEARED 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 ENTITY UPON BEHALF OF WHICH THE PERSON(S)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 MY HAND. SIGNATURE _ MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN COUNTY MY COMMISSION EXPIRES NAME PRINTED SHEET 3 OF 3 SHEETS 1 RED LOT TRACT 1793 D 0977 ACRES( 37 SOFT)GROSS 0830 A.830 ACRES(36.136.137 SOFT)NET ALL OF TENTATIVE LV THE CTTYOFHUNTLNGTONBEACH,,COCrNTYOFORANGE,STATE OFCALIFORNIA TRACT MAP 17930 DATE OF SURVEY: OCTOBER 2015 FOR CONDOMINIUM PURPOSES MONUMENT NOTES: THE IDS GROUP PIETRO GAMBINO. P.L.S. 7687 DATE OCTOBER 2015 B) INDICATES FOUND MONUMENT AS NOTED. BASIS OF BEARINGS: INDICATES FOUND O.C.S.HORIZONTAL CONTROL STA110N MONUMENT PER RECORDS ON FILE IN THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING SFTWFEN OCS THE OFFICE OF THE ORANGE COUNTY SURVEYOR. HORIZONTAL CONTROL STATION CPS NO.5070 AND THE SIATION GPS NO. 5085 BEING INDICATES SET SPIKE AND WASHER STAMPED"LS 7687',FLUSH. NOO16'07'E PER RECORDS ON FILE IN THE OFFICE OF T1F ORANGE COUNTY SURVEYOR p INDICATES SPIKE AND WASHER STAMPED"LS 7687"OR 2'I.P. TAGGED"LS 7687"TO BE SET AT DATUM STATEMENT: ALL DISTINCTIVE BOUNDARY CORNERS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. COORDINATES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM.(CCS83)ZONE v[ MONUMENT NOTES: 1983 NAD,(2007.00 EPOCH OCS CPS ADJUSTMENT) 1 ALL DISTANCES SHOWN ARE GROUND,UNLESS OTHERWISE NOTED. TO OBTAIN GRID OFOUND GEAR SPINE AND WASHER STAMPED'LS 5023 FLUSH.PER CORNER RECORD 2011-2912. ACCEPTED AS TE'4REST 1/4 CORNER OF SEC. 25, T5S,R11W,RANCHO LAS BOLSAS. DISTANCE MULTIPLY GROUND DISTANCE BY 0.99997875(MEAN OF CPS SOBS do 5070) EASEMENT AND DEDICATION NOTES: O2 OC"GPS 5085"FOUND PUNCHED SPIKE AND WASHER STAMPED'RCE 20435",FLUSH,PER TRACT O A RESERVAIION FOR PUBLIC ROAD PURPOSES RECORDED NOVEMBER 12. 1941 IN BOOK NO.11140 MM 582/1-2. ACCEPTED AS THE CENTER OF SEC.25,T55,R11W,RANCHO LAS 1116 PAGE 354.OFFICIAL RECORDS BOLSAS. O3 OC'GPS 5070"FOUND 2'BRASS DISK(NO STAMPING)IN WELL MONUMENT PER TRACT NO. © AN EASEMENT FOR ER 21.LIC STREET,PUBLIC ENTlN. AND INCIDENTAL PURPOSES RECORDED SEPIEMBER 21,1988 AS INSTRUMENT N.88-479742 OF OFFICIAL RECORDS 11140 MM 582/1-2.DOWN 1.0'. ACCEPTED AS THE SOUTH 1/4 CORNER OF SEC.25.T55,R11W, RANCHO LAS BOLSAS C AN OFFER OF DEDICATION IN FEE SIMPLE TO THE CITY OF HUNTINGTON BEACH FOR O FOUND 3/8'IRON ROD.NO REF.,DOWN 0.1'.FITS CITY 11E SHEETS 6411 AND 6412.SET SPIKE k O STREET AND PUBLIC UTILITY PURPOSES WASHER STAMPED"1-5 7687".FLUSH. AN EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH OVER PRIVATE STREETS OS SEARCHED,FOUND NOTHING.ESTABLISHED RADIUS OF CUL DE SAC PER CITY TIE SHEET 6411.SET OD FOR POLICE,FIRE AND EMERGENCY SERVICES,AND FOR THE PURPOSE OF MONITORING SPIKE @ WASHER STAMPED'LS 7687*.FLUSH. AND INSPECRNG GROSS POLLUTANT REMOVAL DEVICES RECORD MAPS O SEARCHED.FOUND NOTHING.SET SPIKE k WASHER STAMPED"LS 7687,FLUSH. ( ) INDICATES RECORD DATA PER TRACT 5039.MM 160/30-31 O7 SEARCHED,FOUND NOTHING, ESTABLISHFD SOUTI EAST CORNER OF THE NORTHEAST 1/4,NORTH [ ] INDICATES RECORD DATA PER TRACT 11140,MM 582/1-2 44 FA51 1/4,SOUTHWEST 1/4,SECTION 25 155,R11W,RANCHO LAS BOLSAS AT RECORD DISIANCE I E INDICATES RECORD DATA PER PARCEL MAP 87-113, 03 217 REIS 2 FROM THE CENTERUNE OF INTERSECTION OF SLATER STREET AND NEWLAND STREET,PER TRACT <> INDICATES RECORD DATA PER RECORD OF SURVEY 2003-1117 RSB 200/30 NO.5039 MM 150/30-31. ((}}INDICATES RECORD DATA PER DEED RECORDED AS INSTRUMENT NO. 19970279882,O.W [[]]INDICATES RECORD DATA PER DEED RECORDED AS INSTRUMENT NO. 2016000130888.O.R. O SEARCHED,FOUND NOTHING,SET NOTHING. it EE INDICATES RECORD DATA PER CITY OF HUNTINGTON BEACH TIE SHEET 6411 O A CORNER RECORD PERPETUATING THE MONUMENTS POSITION SHALL BE FILED WIIH THE ORANGE «»INDICATES RECORD DATA PER CITY OF HUNTINGTON BEACIGPSE 55085 6412 COUNTY SURVEYOR'S OFFICE WITHIN 90 DAYS OF ACCEPTANCE OF SITE IMPROVEMENTS. wF-l/4- N 2905788.15 SLATER AVENUE SEC 25,T5S,RIIW, E w354z3.e7 RANCHO LAS BOLSAS RIlqWl RANCHO LAS BOLSAS N89'30'29_W 2637,85' K2637.85 i�2637.75 2 FD PUNCHED SPIKE AND 2371.99' -p 265.86' 1265.7561 CL WASHER STAMPED"RICE I NORTH LINE SWt/4 20435'FLUSH. STATION IS SEC 25.T5S,R11 W' SEARCHED. $S C�t�"'�L � SEARCHED. $S LOCATED AT THE CFNTYRLINF RANCHO LAS BOLSAS FOUND NOTHING I S S N56.1919•E-�E'� 1�5J��1',;lJ.�(4_t'<}.,+ ,. FOUND $$ p' INTERSECTION OF NEWT SURVEY OF _ 320,,�g NOTHING ,�• I STRCCT AND SLATER AVENUE. BEACH BLVD N89'30_29"W 746.12'�46.23')- N 89'30'9"W 2 6.70' (,8 ESTABUSHED PER BEARING j87.1 125.00. 3. 20.00'p,0 U d m - [ 1 BEARING INTERSECTION I ql A �I '1 ESTABUSHED BY DEED RECORDED I o ct = Im ,W.I AS INSTRUMENT NO. 2016000130888 ` U a Iq s �o ° w ti,Cs Ii.1 C, b WN�m F J p u m IQ / or SIne943"w 91¢4' o I o W V'o$ $I N PRIVATE STREET p 8 _0p =0- / }� az�N PI a /F--G-"u �.9V3 .94_P of c3 LOT 1 C B z l 8 ri §I a ;,,(• 'Ao 2M� 42.537 SF GR S a I g N ]6,H37 SF NET T $ C Z1 VI VEHICULAR ACCESS RIGHTS TO NEWLANO 2 I p 5 9 S Z I Jn STREET ARF RFLFASED AND RELNOUISHED p•I 20' _ Z TO THE CITY OF HUNTING10N BEAG1. O ppp E%CEPT AT APPROVED ACCESS LOCATIONS 40 0So 1 \ \ e g 225.68 A 0 �i --- - -- .1Y 25.0 I 133.69' f0 SEARCHED, N 89'30'29'W 265.8B'((265.86'CALC'O)) ^,nl a a FOUND-. \ SEARCHED, R,m F- ? '? \ FOUND NOTHING lb l S UJ n E m \ SOUTHFRLY LINE OF THE DEED RECORDED AS W INSTRUMENT NO.2016000130888,O.R.ALSO THE I uo I- _ .T \ NORTHERLY LINE OF PARCEL 2 OF THE DEED �1 T V) C9 4 ,� RECORDED AS INSTRUMENT NO.19970279B02.O.R. ^g 0 9 4 Ig o SKI__ _ -- \[HERE IS NO GAP OR OVERLAP BETWEEN DEEDS. I o Z I Z LINE TABLE Q Im u"'i z$ I xo. EARNG DISTANCE .M& rn C 2 �7 Lt NOttb'17'E 40.59'c<w.36•» O 4 p r 2 p I L2 N59'22'SB'W 3962'<c39.52'» I LL) 13 N7156'S3'E 19.30'«19.2"> Z Z L4 n89 1'32'W /6.23'<t ]e'>> W 4 n„1 LS N2216'19'E 5421'1154.2511 O W-- L6 M24-22'19"E 54.99'1155.01•I{ N � SEE DETAIL A n $' - - - -- 8 L7 n66'43'45•W 1n16•I118.I6'il I 7 KOW -,�� L6 nlr3rw'w - g N > L9 N253 5"* 7 O R OS ANNA I i ru7 a($)� � o"I LID NI3'47'14E - n $" 20' I ') L11 N1314'S9"W u O DRIVE IL 7�F b ^2 I L13 N2671'f 0'E = p N S u N1806'33"[ TC U L- I - -- --;:q 7P^ Z gm.� W rp O = 8 R TABLE _ y x ----- qF2 No 9CLTA�RAYMB UMIN \\ � N E + 2 O C1 SS'I6'16' 17.00' 16.55, Cr DRIVE y, w � C2 3114'S4' 45.D0' 24.6]' n 1'. 4 ap 1A3 nu C3 1733'48' 17.DD' 5.31' �,� y .4' \ F o g r _ O4 53'I6'46' 1700" ID.36' (G•1\w" w SEC 25, T55,R11 W, ,S 30� C5 M-24'54' 4 OV 246T i'^ [ Y�° \ Z r RANCHO LAS BOLSAS g ce 1Ts3'4e' n.Dcv 3.3r .. ' T, $ rc 30.00' 95.91'(96.00' 8 2: ' \ 7 _ _ )_ _ _____249.86'�L9_B6 L-- --- 40.00' DETAIL a 289.56'(289.86')[[289.86]] yy [ GPS 5070 Nrs 9 6 ESTABLISHED BY BEARING N 89'31'T4"W 415.77' (415.86'CAL SEARCHED, \ k N 2203IM15 BEARING INTERSECTION E 8035411.32 ESTABLISHED BY TURNING RECORD ANGLE FROM NEWLAND FOUND NOTHING GRAPHIC SCALE STREET AND AT RECORD DISTANCE PER TRACT NO.5039 FO 2"BRASS DISK,NO AO p 20 40 60120 MM160/30 31.AND PER DEED RECORDED AS p STAMPING,IN CONCRETE,DOINSTRUMENT NO.2016000130888,O.R. T'AL6ERT AVENUE1.0'IN WELL MONUMENTSTATION IS LOCATED A7 THE (IN FEET) CENTERLINE OF NEWLAND l iINF ET) STREET AND TALBERT AVENUE. SUBDIVISION AGREEMENT BY AND BETNVEEN THE CITY OF HUN TIN GTON BEACH .AND OLSON - HUNTINGTON BEACH 3_ LLC FOR TRACT NO. 17930 THIS AGREEMENT ("Agreement") is entered into this � day of 201�v , by and between the CITY OF HLTNTLNGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY." and OLSON - HLNTLNGTON BEACH 3, LLC. a California limited liability company, hereinafter referred to as "SUBDIVIDER." RECITALS 'WHEREAS, SLBDT-VIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, all.-ys. and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 17930, and As a condition of the approval of and prior to the recordation of this subdivision map, S UTBDIN'IDER is required to improve and dedicate the streets and alleys; and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work: to agree to perform this work as herein provided. and to execute and deliver to CITY'bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and RLS 5/25/16/16-5267/137024/PD 1 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NO« THEREFORE; in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: I. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of. streets. including excavation- paving, curbs, gutters, sidewalks. trees and landscaping; sewers. including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the Cite Engineer. All of the work shall be done and performed in accordance with the plans. specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. RLS 5/25/16/16-5267/137024/PD 2 2. ARTERIAL HIGH,A7AY Pv4PROVENIENT SUBDIVIDER agrees to complete all arterial highway improvements. including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year folloNNring the date of Cite Council acceptance of same. 4. PLA_NT-ESTABLISTB1 NT WORD SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing, weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPRO'\TMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect. SUBDIVIDER shall make whatever changes, at its own cost and expense., as are necessary- to accomplish the work as promised. RLS 5/25/16/16-5267/137024/PD 3 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by an officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials; or payments therefor, or any combination of all of these acts. shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed.- nor shall CITY be estopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall. at its own cost and expense. pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the Cite Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Eighty Seven Thousand Three Hundred and Seven Dollars ($87,307), which is one hundred RLS 5/25/16/16-5267/137024/PD 4 percent (100%) of the estimated cost of the work. SU-BDIVIDER shall present such additional security in the form of: Cash_ certified check, or cashier's check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security. SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and'Material: Security in the amount of Forty Three Thousand. Sig Hundred and Fifty Four Dollars (S43.654), which is fifty percent (50%) of the estimated cost of the work. SUBDFVIDER shall present such security in the form of: Cash, certified check, or cashier's check. XX Acceptable corporate surely bond. Acceptable irrevocable letter of credit. With this security. SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishi i labor or materials to them or to SUBDIVIDER. SUBDIVIDER may. during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney,- however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is fmally accepted in writing RLS 5/25/16/16-5267/137024/PD 5 by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security,at an3, time. 10. INDEM1trIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers_ elected or appointed officials, employees, agents and volunteers from and ai ainst any and all claims, damages. losses. expenses,judgements, demands and defense costs (including without limitation_ costs and fees of litigation of every nature or liability of anv kind or nature) allegedly suffered_ incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these. and resultm*a from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY, SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SLBDNIDER's counsel_. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to the workers' compensation and employer's liability insurance and SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, RLS 5/25/16/16-5267/137024/PD 6 SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance_ including motor vehicle coverage. This policy shall indemnify SUBDIVIDER. its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single Limit bodily injure and property damage, including products/completed operations liability and blanket contractual liabilit-\7, of One Million Dollars ($1.000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate Limit. the aggregate Limit must be no less than One Million Dollars ($1,000.000). This policy, shall name CITY; its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionall`- Insured Parties") as Additional Insureds. and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIA'IDER'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 coverage amount specified herein shall be available to the Additionally Insured Parties. -ill coverage available to SUBDIVIDER shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy "deductible" of$5,000.00 is permitted. RLS 5/25/16/16-5267/137024/PD 7 SUBDIVIDER shall be responsible for causing all Subcontractors to maintain the same types and Limits of insurance coverage as that required of SUBDIVIDER by this Agreement. Prior to commencing performance of the work hereunder, StI BDNIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates sha11: 1. provide the name and police number of each carrier and policy; 2. state that the policy is currently in force; and promise to provide that such policies-will not be canceled or modified without thirty (30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carzying the foregoing insurance coverages shall not derogate from the. SUBDIVIDER's defense_hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premiums on all insurance hereinabove required. SUBDIVIDER shall provide a separate copy of the additional insured insured endorsement to each of SUBDIVIDER's insurance policies. naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder_ A statement on an insurance certificate will not be accepted in lieu of the actual endorsement_ RLS 5/25/16/16-5267/137024/PD 8 SUBDIVIDER shall require all subcontractors to name SUBDIti'IDER_ its officers, employees and agents, and the Additionally Insured Pas-ties as Additional .Insureds on all subcontractor insurance policies using ISO form number CG 20 3 C�4 1 or coverage at least as broad. SUBDIVIDER shall verify that ever-�7 subcontractor polies- endorsement complies with the requirements set forth herein. 12. NONPERFORN ANCE AND COSTS If SUBDIVIDER fails to complete the work within the time, specified in this Agreement, and subsequent extensions, if any, or fails to maintain the wu6L CITY may proceed to complete and/or maintain the work by contract or othervV se, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering. inspection, surveys, contract, overhead. etc.) immediately upon demand. SUBDIVIDER hereby consents to entr 7 on the subdivision property by CITY and its forces. including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the wort-. SUBD51TIDER agrees to pay all costs incurred b-N- CITY. even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof; CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. RLS 5/25/16/16-5267/137024/PD 9 14. NOTICES Any notices, certificates, or other communications hereunder shall be �?iven either by personal deliven, to SUBDI-V'IDER or to CITY as the situation shall warrant. or b�7 enclosing the same in a sealed envelope, postage prepaid and depositing the same in the United States Postal Service, to the addresses specified below-_ CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent b-v notifying the other party via personal deliver-, reputable overnight courier or U.S. certified mail-return receipt requested: TO CITY: TO SUBDVIDER: City of Huntington Beach OLSON - HUN TIN GTON BEACH 3. LLC ATTN: Director of Public works 3010 Old Ranch Parkway. Suite 100 2000 Main Street Seal Beach. CA 90740 Huntington Beach, CA 92648 562-596-4770 15. CONSENT When CITY's consent/approval is required under this Agreement its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings. and descriptive phrases at the beg'r ning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret define, limit or RLS 5/25/16/16-5267/137024/PD 10 describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void. illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any 'conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall; irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against an317 party who has si aned it. RLS 5/25/16/16-5267/137024/PD 1 1 2U. IMMIGRATION CONSULTANTT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the.provisions of the united States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTTRACTINTG PROFITED SLT13DIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach Cin, Charter Section 349, the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment of auv legal services expenses incurred by SLTBD571DER. 21. ATTORNTEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms andlor provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney s fees. such that the prevailing party shall not be entitled to recover its attomey's fees from the non-prevailing party. 22. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement_ shall so survive. 23. GOVERNI_NG LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. RLS 5/25/16/16-5267/137024/PD 12 24. SIGNATOIL;S Each undersigned represents and warrants that its signature hereinbelow has the power_ authority and rigrnt to bind their respective parties to each of the terms of this Agreement, and shall indemnif�, CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact- held by the signatory or is unthdrawn. -'5. EN TIRE TN, The parties acknowledge and agree that they are entering into this Agreement freer- and voluntarib, folio A ing extensive arm's length negotiation, and that each has had the opportuniny to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations; inducements, promises. agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that patty's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement. promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits; contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. RLS 5/25/16/16-5267/1')7024/PD 13 IN FITNESS ''HEREOF_ the parties hereto have caused this Agreement to be executed by and through their authorized officers. SUBDNIDER CITY OF HU?��TIT:�GTON BEACH. OLSON — HUNTLNGTON BEACH 3, LLC a municipal comoration of the State of California a California limited liability compary Bv: IN TOWN CONIlvfUNTITIES. LLC a California limited liability compare Sole Member Mayor Bv: OLSON URBAN HOUSLNG. LLC a Delaware limited liability compary Ciry C erk Member LNITL-6,TED AND APPROVED: B v: LN T 'N 2atTio L�v G. INC. a Delaw e c anaging Member - Director of Public�i,'ori:s Name: tt aun REVIE A.P PRO`ED: Title: By: Cir_c% g�r Name: rio Title: Lhiet Financial utticer APPROVED AS FORM: City/Adomey � z i � V RLS 5/25/16/16-5267/137024/PD 14 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF 0 f 0-f) .t, ) On 3wN - , 2 20 1kP, before me, V px`.Q,fh2 Q,( Notary Public, personally appeared S t_.s-tt Lw ,f Le 0-o a M a -i o Liar ZLL6- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 'iig//are subscribed to the within instrument and acknowledged to me that 4eAs4e/they executed the same in trisAtff/their authorized capacity(ies), and that by hisAkef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VALERIE WEISEL Commission# 2026792 a =ae Notary Public -California z z :^.._.- / z '"'' Orange County My Comm.Expires Jun 10,2017 Notary Public (SEAL) State of California BOND NO.PB03010402994 PREMIUM$567.00 Annually FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Olson—Huntington Beach 3 LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 20 ,and identified as project Monarch Walk is hereby referred to and made a part hereof;and i WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and Philadelphia Indemnity Insurance Company,as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Eighty Seven Thousand,Three Hundred Seven and no/100 dollars($87,307.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. i As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable aftorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. NmIand FAI"I'IIFULL PERFORMANCE BOND FM.DOC a�I -08- SH The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 17th,2016. OLSON—HUNTINGTON BEACH 3, LLC a California limited liability company By: IN TOWN COMMUNITIES, LLC a California limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Member By: IN WN LIVING, INC. a Dela re corp ation Managing Member By: Nam tic une Title: �— By: Name: Title: wham—lionord 0mor vice Fresia t Philadelphia Indemnity Insurance Company_,as SS-uurrety By By Michelle Haase Attorney-In-Fact APPROVED AS TO FORM Michael Gates,City Attorney Newland FAITflFULL PERFORMANCE BOND FM.DOC -18- SH 3815 PHILADELPHIA INDEMNIFY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 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.MCC ALL,TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES,LLC Its[me and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,meogni—ces and other contracts of indemnity and writings 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 seated by facsimile under and by the authority of the following Resolution adopted by the Board of Ducetors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to:(1)Appoint Attorney(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 time, any such Attomey-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 Attemey 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 undemilcmg to which it is attached. IN TESTLAONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGN-Ell AND It's CORPORA"lE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7-DAY OF FEBRUARY 2013. (Seal) Robert D O'Leary Jr,President&CEO -i Philadelphia Indemnity insurance Company On this W day of June 2013,before me came the individual who executed the preceding instnimem,to me personallv known,and being by me duly sworn said that be is the therein described and authorized officer of the PHILADELPHIA 1.NDERLNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of Bard Company;that the said Corporate Seal and his signature were duly affixed. C"D WEALIH OF PENN VANIA �OeIVNehnel5eil ��'`./ A Neslak,Nohry Pubfc Heron Twry.tef/r y MY favkdw�EM Ahc IB,3016 Nmea.Rwmrua nvN or xoruars Notary Public� residing at: Bala Cvnwvd,PA (Notary Seal) My commission expires: December 18,2016 1,Craig P.Keller,Executive Vice President,Cbief Financial Officer and Secretary of PHD_ADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Drrectors 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 Porter of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President ofPHILADELPHLa(INDEMNITY INSURANCE COMPANY, Al �Y ' 7 qo 1U c In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 'Y''Uay of L 20_ _ Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA LNDENLNTTY INSURANCE COMPANY a�I -Z8- gH ALL- PURPOSE II CERTIFICATE OF ACKNOWLEDGMENT i is A notary public or other officer completing this certificate verifies only the I; identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. i l �I State of California } County of Orange } On MAY 17 2016 before me, M. Barreras, Notary Public "• mama a e a a personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(W whose nameps)is/m subscribed to the within instrument and acknowledged to me that j bee/she/#W executed the same in kWher/tom authorized capacity4mo and that by JmWher3hv!x signature*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. i WITNESS my hand and official seal. Comnniissiat AE20 8208 a -m Public•California i _ 9' rOnnpe County j I M Comm.Expires Nov 5.2017 J Notary Pub Ic ignature (Notary Public sea I I ' ADDITIONAL OPTIONAL INFORMATION nasTRvcTloNs FOR co>vfrtETnao THIS FORM j Thrs form cnmpl¢s uth ciu-ni Calf rove statutes regarding n.1--irordmg and, DESCRIPTION of THE ATTACHED DOCUMENT ifneeded.should be conip/ered and attached to the document.Ac:tnohredgenrsfrorn i other states may be completed f r ducuments being sent to that state so long as the wording does not require the California notaty to violate Cahlornio notary lair (idle or description of attached document) State and County infonna.on must be the State and County where the document I signets)personally appeared before the notary public for acknowledgment j • Date of notari'ration must be the date that the signer(s)personally apluared which (Title or description of attached document continued) mutt also he the same date the acknowledgment 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). ' Pont the.erne(.)of document signer(s)who personally appear at the time of I • not—tion. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular of plural forms by crossing off incorrect forms o.e. (I 4,e/she/9ret is/ere)or circling the sorest Corms.Failure to correctly mdmate this ' ❑ Individual(s) information may lead to rejection ofdocumew recording. ❑ Corporate Officer the notary seal impression most be dearr and photographically reproducible. Impression must not cover text or lines.if seal impression smudges,re-seal if a i ' (Title) sufficient area permits.otherwise complete a different acknowledgment form. i ❑ Partner(.) Signature of the notary public must match the signature on file with the office of j the county clerk. 5a Attomey-in-Fact . Additional information is not required but could help to ensure this 1 ❑ Trustee(s) acknowledgment is not misused or attached to a differem document. j Indicate title or type of attached docm uent,number of pages and date e . ❑ Other Indicate the capacity claimed by the signer.if the claimed capacity is a • corporate officer,indicate the title(i.e.CEO,CFO,Secretary). G01i�rsic•iv.vrv,rv;AaryCms•�cs�un boLi'3°bL • Securely attach this document to the signed document with a staple —£8— SH A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATF,OF CALIFORNIA ) ss COUNTY OF On �r'�,$ Z fl 20 before me, �'�?, L� ��;�,(�,,r <( Notary Public, personally appeared r ,c;�i 1 0.1 t t t. r.-,A V'�',I(..i^m- �! i Y cn""d 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 capaeity(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. WFINESS my hand and official seal. VALERIE WEISEL Commission#2026792 Z `u'° Notary Public-California Z Orange County My Comm.Expires Jun 10,2017 Notary Public (SEAL) State of California a�I -ts- su BOND NO. PB03010402994 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Olson—Huntington Beach 3. LLC , (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 20 ,and identified as project Monarch Walk is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore,said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers, material and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Forty Three Thousand,Six Hundred Fifty Four dollars ($43,654.00),for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. C:\Users\ggarna\AppData\Local\Microsoft\Windows\Tempomry]ntcme,t Files\Content.Outlook\KRUW777D\Newlmd Labor Word-City Arty rcvd 01-15-08.doc 9 Z - 'S UJ31I Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change, extension,alteration or addition. i In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 17th 2016 OLSON—HUNTINGTON BEACH 3, LLC a California limited liability company By: IN TOWN COMMUNITIES, LLC a California limited liability company Sole Member By:OLSON URBAN HOUSING, LLC a Delaware limited liability company Member By: IN T WN LIVI G, INC. a Delawrje corpo ion Managing Member By: Name. Scott urie Title: Presidwt&CEO I By.Name: ``Vtfi;�mAnlfnrd Title: SeIniorVicePrEsident i Philadelphia Indemnity Insurance om any_, as Surety By By Michelle Haase Attorney-In-Fact APPROVED AS TO FORA 2, N By Michael Gates,City Atto ey 2 C:\Users\ggamer\AppData\Local\Ivlicrosoft\Windows\Temporary Intemet Files\Content.Outlook\KRUWJJJD\Ncwland labor Word-City Atty revd 01-15-08.doc a�I -98- su 3816 I PHILADELPHIA IISDEWNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 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.MCC ALL,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,tecognizances and other contracts of indemnity and writings 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 1°day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the - Company to:(1)Appoint Attorney(s)in Fact and authorize the Attomey(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 time, any such Attomey-in-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 INSTRUMENTTO BE SIGNED AND ITS CORPORATE SFALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS Ira DAY OF FEBRUARY 2013. (Seal) Robert D.O'Leary Jr,President&CEO Philadelphia Indemnity Insurance Company On this 10ih day of June 2013,before me came the individual who executed the preceding instrument,to me personally known,and herng by me duly sworn said that he is the therein described and authorized officer of the PHH,ADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal orsaid Company;that the said Corporate Seal and his signature were duly affixed. AMMO ! TM OF PENNSYLVWA amoaty A.14sldd.Nobry t1Alr Neilm Y,ry. ry(^arty My CMvnlobn E>pra GCL}G16 Nn�rerversnvAw.swa�nn+ar lgTWrs Notary Public: residing at: Bala Cvirwvd,PA (Notary Seal) My commission expires: December 18,2016 L Craig P.Keller,Executive Vice President,Chief Financial Officer and Sceretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do bcrby certify that , the foregoing resolution of the Board of Directors and this Power of Attorney 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 Attomey as President,was on the date of execution of the attached Power of Attorney the duly elected President of PIIII.ADF.LPHIA INDEMINITY INSURANCE COlvIPANY, MAY 17 2016 In Testimonv Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day of 20_ Craig P.Keller,Executive Vice President,Chid Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY -L8- Sx 8Z - 'S LU01I - - ------- --- ----- ---- ------ ------ - -- - - ----- -- 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. I j State of California } �� I� �j County of Orange } i MAY 17 2016 On before me, M. Barreras, Notary Public !I a s name aINE, personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the personal whose name(s)is/jvk subscribed to the within instrument and acknowledged to me that btu/she/tom executed the same in kis/her/their authorized capacity0imX and that by JmWher3bsk signature*on the instrument the person*,or the entity upon behalf of which the personM acted,executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that j the foregoing paragraph is true and correct. M. f Ij �! ERAS WITNESS my hand and official seal. Commis R Commission 20048208 a -e No"Public•California i orange County i my Catnm.-Expires Nov 5,2017 otary Pabllc Signature (Notary Public Seal) ; ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM j I j Thrs farm wmpher a-irh cmron Califarnta sonatas regarding natmr vordtng and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed,should be complered and attached to the doctanent Acknohredgenis front i other states atay be complered for documents being sent m that score so long as the trording does not require the Californm notary to violare Cahjornm notary Imr, (Title or description of attached document) State and County information must be the State and County where the document j signer(s)personally appeared before the notary public for acknowledgment. • Date of noiari cation 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 acknowledgment is completed. I -- • 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). • Print the name(s)of document signer(s)who personally appear at the time of no[axiaaron. Indi j CAPACITY CLAIMED BY THE SIGNER • cate the correct singular of plural forms by crossing off mcovnct forms(i.e. lwlshdtheyr its face)or circling the correct forms.Failure to--ctly indicate this j ❑ Individual(s) mfonnanon may lead to reiecrion ofdocument ecording. •, ❑ Corporate Officer • The notary seal impression must be clew and photographically reproducible. impression trust not cover text or lines.If seal impression smudges,re-scal if a i III (Tilt a sufficient area permits,otherwise complete a different acknowledgment form. Li Partner(s) • Signature of the notary public must match the signature on file with the office of i Partner(s) the county clerk. R Attomey-in-Fact • Additional information is not required but could help to unsure this ❑ Trustee(s) acknowledgment is not misused or anached to a different document. Other Indicate rile or type of attached document,number of pages and date. j ❑ Indicate the capacity claimed by the signer.If the claimed capacity is a c lq ate officer,indicate the true(i.e.CEO,CFO,Secretary). I c� c%1 uon tdctai)-_Ida >..qb'g • Securely attach this document to the signed document ninth a staple S v�; v.�ov.r Ns,c�t+a;l- � a�I -88- Sx i 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 ) ss COUNTY OF 0, On fv-A AA,, 20 L ,before me, C,�.�"Lr L'kj Notary Public, personally appeared 1�3 w� "l i @, — who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'islare subscribed to the within instrument and acknowledged to me that t he/they executed the same in hisfher/their authorized capacity(ies), and that by his/h*rr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. vALERiE WEISEL Commission#2026792 i;�?o �, Notary Public-California z ! r." Orange County ' ! ' My Comm.Expires Jun 10.20171 Notary Public (SEAL) State of California I -68- SH OE - 'S LLt01I BOND NO. PB03010402995 PREMIUM$100.00 Annually I MONUMENT BOND i KNOW ALL MEN BY THESE PRESENTS: THAT _ Olson—Huntington Beach 3, LLC as Subdivider of Tract No. t�'k�O in the City of Huntington Beach, County of Orange,State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Olson—Huntington Beach 3, LLC (Subdivider) as principal, and Philadelphia Indemnity Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$ 2,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 17th day of May 2016 1 C:\Use \ggamer\AppData\Local\Mierosoft\Windows\Temporary Internet Files\Contmt.Outlook\KRUWJJJD\Newiand Monument Word.doe a�I -06- SH - a California limited liability company By: IN TOWN COMMUNITIES, LLC a California limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Member By: IN TOWN LIVI n INC. a Dela are corp rat Managing Member By: Name: S ttLauds Title: PreWent By: � _ 52 Name: Title: olford Sunici Vice President Philadelphia Indemnity Insurance Com an ,as Surety j � By / t By Michelle Haase Attorney-In-Fact. j APPROVE®AS TO FORM ,Michael Gates,City Attorney I 2 C:\Users\ggamerWppData\Loca]Wicros ft\Windows\Temporary intemet Files\Content.Outtook\KRUWJJJD\Newland Monument Word.doc j -16- SH Z£ ' 'S LUaTI i 3817 i PHTLADELPHLA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 I-ii—of Attorney KNOW ALL PERSONS BY THESE PRESENTS:that PHH.ADELPMA 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 LOCK'ION 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 writings obligatory m the moure thereof,i—ed 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 Attomey 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 _ PH ILADELPI IIA INDEMNIFY INSURANCE COMPANY at a meeting duly called the I"day of July,2011. RESOLVED: That the Board of Directors herebv authorizes the President or any Vice President of the Company to:(1)Appoint Attomey(s)in Fact and authorize the Attomey(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 time,any such Attorney-in-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,PHILADELPIIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SF.4LTO BE AFFLYED BY PIS AUTHORIZED OFFICE THIS 7Ta DAY OF FEBRUARY 2013. (Seal) Robert D O'Leary Jr,President&CEO Philadelphia Indemnity Insurance Company On this 10ih day of June 2013,before me came the individual who executed the preceding instrument,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 instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMO W 7/1 OFKWN SYLVANIA NedM Sul ^ - xMLetY A Xea�, biter MnNn TM ra'"aY .. ia/mmMabnII 1L16 NaleaYa.mvNw or eoura6 Notary Public: , residing at Bala Cwwvd,PA (Notary Seal) My commission expires: December 18 2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PI 11LADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are sell in full force and effect.1 du further certify that Robert D O'Leary Jr,R'ho executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elated?resident of PHILADELPIILA INDFMNTTY INSURANCE COMPANY, MAY y 1 7 201CU In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of I 20_ _ Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHT Lri A INDEMNITY INS2A,\CE COMPANY a�I -z6- ax ---- - --------------------- --ALL- PURPOSE --- - — ------ - ------ - --1: ALL PU RPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the I identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. i' State of California } i it County of Orange } On MAY 17 2016 before me, M. Barreras, Notary Public j are—iut mama-d ba.o IN o personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(*whose nam0s)is/tin subscribed to the within instrument and acknowledged to me that I blot/she/VW executed the same in kis/her/their authorized capacity0a$k and that by JmWhedTdic signature( on the instrument the person*,or the entity upon behalf of which the person(o acted,executed the instrument. I. i I i 1 certify under PENALTY OF PERJURY under the laws of the State of California that i the foregoing paragraph is true and correct. M.BARRERAS WITNESS my hand and official seal. cominlsslon#204e20e Notary Pubtlt•califorpia i z ' orange county i Comm.Wires Nov 5,2017 Notary u lic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form camphes uwh current Cal j rnra statutes regarding-far y vordmg and. f DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknohredgents from other states nra➢be conrple wif for documeurs being sent to that state so long as the hording does not require the California notary to riolate California notary Imo. (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. • Date of notarisation most be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the some date the acknowledgment 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). • Print the names)of document signer(s)who personally appear at the time of i notsiontion. 1 CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural frmns by crossing off incorrect fors(ix. I I Aetshe%if+e�is/ere)or circling the correct fors-Failure to correctly indicate this � ❑ Individual(s) information may lead to rclection of document recording. ❑ Corporate Officer The notary seal impression most be clear and photographically reproducible. j i Impression must not cover text or lines.If seal impression smudges,re-sal if a (Title sufficient arcs permits,otherwise complete a different acknowledgment tor. i' • Signature of the notary public must match the signature on file with the office of ; ❑ Partner(s) the county cle-k. p Attorney-in-Fact Additional information is not required but could help to ensue this ❑ Trustee(s) acknowledgment is not misused or attached to a different docranent, Other Indicate title or type of attached document,number of page and date. Elfi Indicate the capacity claimed by the signer.If the claimed capacity is a j corporate officer,indicate the title(i.e.CEO,CFO,Secretary). veislo 500 2.' 9b_o • Securely attach this document to the signed document with a staple -�6- 9N t,£ - 'S UJOTI i 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 ) ss COUNTY OF �l ���4� ) On f--�-Cctrt 2-1y 20 before me, VOQ-L,l�,> Notary Public, personally appeared C 1-04k,,J '� �;11 .C � �. ��� 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 hefshe/they executed the same in hisflter•/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. VALERIE WEISEL WITNESS my hand and official seal. " Commission#2026792 ;i "�. Notary Public-Calitornia z 2 D z Orange County My Comm Expires Jun 10,2017 Notary Public (SEAL) State of California i I a�I -t6- 8H RECEIVED�BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) } f after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION LD TO: City Treasurer FROM: City ClerkAIN DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) 7A, 7f/�-�`, 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. i" Labor and Material Bond No. ©/ O 0 �� Guarantee and Warranty Bond No. Monument Bond No. 121 ✓ Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /7 1�2e7 Approved /� 21, �'1,5; (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. �"` �'� �q Other No. SIRE System ID No. g1forms/bond transmittal to treasurer City of Huntington Beach _ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFB,17,1909 P� Office of the City Clerk Robin Estanislau, City Clerk September 23, 2016 Olson — Huntington Beach 3, LLC 3010 Old Ranch Parkway, Ste. 100 Seal Beach CA 90740 Re: Subdivision — Tract No. 17930 - Huntington Beach Enclosed for your records is a fully executed copy of the "Subdivision Agreement by and Between the City of Huntington Beach and Olson — Huntington Beach 3, LLC for Tract No. 17930," approved by the Huntington Beach City Council on September 19, 2016. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand