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Home My WebLink AboutApprove Final Tract Map No. 17801 and Subdivision Agreement (2) Recorded in Official Records, Orange County >QfCORDikQREAUE�TFDgY Hugh Nguyen, Clerk-Recorder FIRST Wl 10M COMMERC AL SE RVVIICES ` I I I I II I I( I I I I I I I I I I I I I I II II NO F E E NLS -� IDlCptZ3 �S l $ R0011859243 $ * 2020000349528 2:08 pm 07/21120 214 502A Al2 D10 8 RECORDING REQUESTED BY AND 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: City of Huntington Beach n 2000 Main Street Huntington Beach, CA 92648 � Attention: City Clerk X_0 T MAIL TAX STATEMENT TO: , SAME AS ABOVE (Space above Line for Recorder's Use Only) N a *This Office is exempt from filing fees under Government Code 6103 Gn� 21 3�3 No Transfer tax is due per R&T Code 11922 GRANT DEED AND AGREEMENT THIS GRANT DEED AND AGREEMENT ("Agreement") is made and entered into as of the_day of July, 2020,by and between HUNTINGTON BEACH CITY SCHOOL DISTRICT WHO ACQUIRED TITLE AS HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY AND HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA ("Grantor"), and CITY OF HUNTINGTON BEACH ("Grantee"). In consideration of the mutual promises contained in this Agreement, the parties hereto agree as follows: 1. Grant. For a valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee that certain real property in fee simple absolute situated in the City of Huntington Beach,County of Orange, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the "Property'). SUBJECT TO: 2. Non-delinquent general and special real property taxes and assessments for the current fiscal year, and supplemental assessments accruing after the recordation of this Agreement; 3. Covenants, conditions, restrictions, easements, reservations, rights and rights-of-way, dedications and offers of dedication, and all other matters of record; 4. Successors and Assigns. . This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. THE UNDERSIGNEDGRftiRTTOA IS SEC (S) WcUMENTARy C10 TAX IS$ conveyed,or l comD��on toll value of DroDern oomputed on tull value Tess time of l'es encumtrances 01 Uninco rated or ma m9 1/\ City of MIECORDW REOf1EM Iff FIRST AMERICAN TITLE CO. NATIONAL COMMERCIAL SERWCEII N(-5 — 1 c) 1(.P(Z 3 ,S P> RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk MAIL TAX STATEMENT TO: SAME AS ABOVE (Space above Line for Recorder's Use Only) *This Office is exempt from filing fees under Government Code 6103 GAS 213v 3 No Transfer tax is due per R&T Code 11922 GRANT DEED AND AGREEMENT THIS GRANT DEED AND AGREEMENT ("Agreement") is made and entered into as of the_day of July, 2020,by and between HUNTINGTON BEACH CITY SCHOOL DISTRICT WHO ACQUIRED TITLE AS HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY AND HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA ("Grantor"), and CITY OF HUNTINGTON BEACH ("Grantee"). In consideration of the mutual promises contained in this Agreement, the parties hereto agree as follows: 1. Grant. For a valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee that certain real property in fee simple absolute situated in the City of Huntington Beach,County of Orange, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the "Property"). SUBJECT TO: 2. Non-delinquent general and special real property taxes and assessments for the current fiscal year, and supplemental assessments accruing after the recordation of this Agreement; 3. Covenants, conditions, restrictions, easements, reservations, rights and rights-of-way, dedications and offers of dedication, and all other matters of record; 4. Successors and Assigns. . This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns.of the parties hereto. ME UNDERSIGNEDGR OMOEC ppCTAXis RYTRA►+ ,or TAX is full value 01 DroPe 1 computed on full value less value of liens or encumbrances re"ininy at time of sole. Uninco rofsd rea ✓� city of 5. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. 6. Provisions Severable. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 7. Counterparts.This Deed may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Huntington Beach City School District By: PA"., /,i� ,Kr oroAulk Its: u erintendent "Grantor" City of Huntington Beach By: S Mt CQUMETART Its: By: SKI M Q0UMETM Its: "Grantee" 2 5. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. 6. Provisions Severable. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 7. Counterparts.This Deed may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Huntington Beach City School District 7r � Its: u erintendent "Grantor" City of Huntington Beach B All Its: Its: "Gr tee" 2 DEED CERTIFICATION —CITY OF HUNTINGTON BEACH APPR VEp AS TO 50R . Michael ates, City Attorney This is tt the interest in real property conveyed by the Deed o c ify f dated tha 20 from the HUNTINGTON BEACH CITY SCHOOL DISTRICT who acquired title as HUNTINGTON BEACH By. SCHOOL DISTRICT OF ORANGE COUNTY and HUNTINGTON BEACH Assistant/Deputy C' Attorney SCHOOL DISCTIRC OF ORANGE COUNTY, CALIFORNIA, is hereby This document is solely for the official business of the City of accepted by the undersigned officer or agent on behalf of the City Council Huntington Beach, as contemplated under Government Code Sec. of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach 27383 and should be recorded free of charge. adopted on August 7, 1972,and the grantee consents to the recordation thereof by its duly authorized officer. Tax Exempt Government Agency CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH Dated:�000� 1D tanislau, City Clerk i By: Robin By. /g3ST.CITY C K 7_ ITY CLERK CALIFORNIA 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 Q } County of On _ Al 0%_�D2-4) before me, Charlene Ortiz, Notary Public Iere insert name an title o a officer) personally appeared ��e U ` 1 who proved to me on the basi of sati factory 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. 9111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL• =, CHARLENE ORTIZ WITNESS m ha ' al. _ coMM.#2slssss my an o se ='•s3 Notary Public-California o _ Orange County =_ My Comm.Expires Jan. 13,2024 5uununi� ununuuuunnullullllnlauunuuumunuuunumuuuum—c Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ijneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (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 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 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 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 crossing off incorrect forms(i.e. 4e/she/they,-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocument 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-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. Other Indicate title or type of attached document,number of pages and date. El Other the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 201,5 ti'ersion www.NolaryC;ltasses cola 800-87:i-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA 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 Oc7j C42 } On before me e%*r — P"t��`�—' t ere inse name an e e o leer personally appeared +'., in. r who proved to me on the basis df satisfactory evidence to be the person(s) w ose 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. I SHAN NON BOON WITNE,S,$ my hand and official seal. ' NotaryPublic-California 2 I Orange County n J Commission q 2181952 My Comm.Expires Feb 28,2021 Notary Pubric Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed jar documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (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 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 acknowledgment is completed. • The notary public must print his or her name as it appears within his or her f 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 notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 4e/she/*ey-is left)or circling the correct forms.Failure to correctly indicate this * Individual (s) information may lead to rejection ofdocument 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 (Title) 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 the county clerk. ❑ Attorney-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. Other • Indicate title or type of attached document,number of pages and date. ❑ • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. lljll� 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 Californi County of On �`�� 12AULP before me, Dqa-\ NDa'r o-b�<<' (insert name and title of the offs ) personally appeared LQ n arn&A-A- who proved to me on the basid 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. SHANNONBOON Notary Public-Califomia i WITNESS my hand and official seal. " Orange County Commission#2181952 My Comm.Expires Feb 28,2021 Signature /� (Seal) SCHEDULE I LEGAL DESCRIPTION OF PROPERTY The Land referred to herein below is situated in the City of Huntington Beach, County of Orange, State of California, and is described as follows: LOT 16 OF TRACT NO. 17801, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 979, PAGES 47 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING FROM A PORTION OF SAID LAND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,NATURAL GAS,NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BEING WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXISTING LINES THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RECITED IN A DEED RECORDED AUGUST 30, 1962 IN BOOK 6232, PAGE 585 OF OFFICIAL RECORDS. ALSO EXCEPTING FROM A PORTION OF SAID LAND INCLUDING, BUT NOT LIMITED TO OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT OF ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND TO EXPLORE, DRILL, MINE, EXTRACT OR DEVELOP SAME, AS RESERVED BY THE CITY OF NEWPORT BEACH BY DEED RECORDED FEBRUARY 8, 1960 IN BOOK 5090, PAGE 2, OF OFFICIAL RECORDS. End of Legal Description 5 BOE-502-A(P1)REV. 13(06-17) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code.A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. FOR ASSESSOR'S USE ONLY ASSESSOR'S PARCEL NUMBER 155-151-02 SELLER/TRANSFEROR Huntington Beach Elementary School District of Orange County BUYER/TRANSFEREE City of Huntington Beach BUYER/TRANSFEREE ADDRESS L BUYER'S DAYTIME PHONE and EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 20451 Craimer One,Huntington Beach CA YES NO This property is intended as my principal residence.If YES,please indicate the date MO DAY I YEAR of occupancy or intended occupancy. ❑YES NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by the Department of Veterans Affairs? MAIL, R PERTY TAX INFQRMATION TO(NAME) / [ �rLbn MAIL PR PERTY TAX INFO ATION TO(ADDRESS) CITY STATETe'A ZIP CODE _'),->4 0 0 /�A!,1 aar t-IAkfn� 7 K PART 1.TRANSFER INFORMATION Please complete allstatements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO This transfer is solely between spouses (addition orremova/of spouse, death of spouse, divorce settlement, etc.). ❑ B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of partner,death of a partner,termination settlement,etc.). �. This is a transfer: between parent(s)and child(ren) from grandparent(s)to grandchild(ren). This transfer is the result of a cotenant's death.Date of death Q*E. This transaction is to replaceI�a principal residence by a person 55 years of age or older. Within the same county? u YES ❑ NO �F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5.Within the same county? YES NO En u, This transaction is only a correction of the name(s)of the person(s)holding title to the property (e.g.,a name change upon marriage). If YES,please explain: The recorded document creates,terminates,or reconveys a lender's interest in the property. ❑ H:�,. This transaction is recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest (e.g.,cosigner).If YES,please explain: ❑ E�j. The recorded document substitutes a trustee of a trust,mortgage,or other similar document. K. This is a transfer of property: i.to/from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor,and/or F7 the transferor's spouse F-1 registered domestic partner. ❑ E!r 2.to/from an irrevocable trust for the benefit of the creator/grantor/trustor and/or grantor's/trustor's spouse grantor's/trustor's registered domestic partner. This property is subject to a lease with a remaining lease term of 35 years or more including written options. M. This is a transfer between parties in which proportional interests of the transferor(s)and transferee(s)in each and every parcel being transferred remain exactly the same after the transfer. EfrN. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions,or restrictions imposed by specified nonprofit corporations. * This transfer is to the first purchaser of a new building containing an active solar energy system. I� r Other.This transfer is to *Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer, THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A(P2)REV. 13(06-17) PART 2.OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: N B. Type ansfer: Purchase ❑Foreclosure ❑Gift Trade or exchange ❑Merger,stock,or partnership acquisition(Form BOE-100-B) ❑Contract of sale.Date of contract: ❑Inheritance.Date of death: ❑Sale/leaseback ❑Creation of a lease ❑Assignment of a lease ❑Termination of a lease.Date lease began: Original term in years(including written options): Remaining term in years(including written options): ❑Other.Please explain: C. Only a partial interest in the property was transferred. YES NO If YES,indicate the percentage transferred: PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price $ 3,168,000.00 B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C'.— geed of tr�rn�.._ %int r cr for vear� Mnnrbj oavmanr c Amount$ ❑ FHA(_Discount Points) ❑Cal-Vet ❑VA(_Disco i e rate ❑Variable rate ❑ Bank/savings&Loan/Credit Unio can carried by seller ❑ Balloon.. Due date D:-S-e u o in —years NfSnEliTy payment Amount$ ( ( r Fixed rate E]Variable rate ❑ Ban 5aWa redit Union❑ Loan carried by seller E. a-a--Tmprovement Bond or other public financing assumed by the buyer? ❑YES Let T05 Outstanding balance $ F. Amount,if any,of real estate commission fees paid by the buyer which are not included in the purchase price $ G. Th�pr rty was purchased: ❑Through real estate broker.Broker name: N Phone number:from seller ❑From a family member-Relationship ❑Other.Please explain: H. Please explain any special terms,seller concessions,broker/agent fees waived,financing,and any other information(e.g.,buyer assumed the existing loan balance)that would assist the Assessor in the valuation of your property. PART 4: PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred Single-family residence ❑Co-op/Own-your-own ❑Manufactured home ❑Multiple-family residence.Number of units: ❑Condominium ❑Unimproved lot I Other.De cription:(i.e.,ti ber,mineral,water rights,etc.) ❑Timeshare E]Commercial/Industrial cJ( B. ❑YES NO Personal/business property,or incentives,provided by seller to buyer are included in the purchase price.Examples of personal property are furniture,farm equipment,machinery,etc.Examples of incentives are club memberships,etc.Attach list if available. If YES,enter the lue of the personal/business property: $ Incentives$ C. ❑YES • NO A manufactured home is included in the purchase price. If YES,enter value attributed to the manufactured home: $ ❑YES ❑N0 The manufactured home is subject to local property tax.If NO,enter decal number: D. ❑YES 0 NO The property produces rental or other income. If YES,the income is from: ❑Lease/rent ❑Contract Mineral rights ❑Other: E. The condition of the property at the time of sale was: EJ Good ❑Average ❑Fair Poor Please describe: CERTIFICATION I certify(o clare)that the foregoing and all information hereon,including any accompanying statements or documents,is true and correct to the best of my knowled#fandpellef SIGNATUr OF BU E NSF EE OR coukkATE OFFICER DATE TELEPHONE ] (7i') , 6- S� NAME 0 NSFEREE/ ESENTATIVE/CORPORATE OFFICER(PLEASELINT) TITLE E-MAIL ADDRESS -phJ - L' t� C r h •y,,�, e AssesscVs office rrWy contact you(Nr additional informatlori regardingLAhis transaction. City of Huntingtoneach } 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov 4 Office of the City Clerk Robin Estanislau, City Clerk June 24, 2019 First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 Attention: Terrell Crutchfield (951) 256-5879 Re: Order No. NHSC-5326031 (tc)—Tract Map No. 17801 Terrell Crutchfiel — LeBard Subdivision (20461 Craimer Lane) The City Clerk's Office has prepared Final Tract Map No. 17801 LeBard Subdivision (20461 Craimer Lane) to be recorded with the County. Please have a copy of the recorded map returned to the Steve Bogart, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Received by: p Date: �(2e/7 e Sister Cities: Anjo, Japan ® Waitakere, New Zealand g1followup/tract/escrow pick-up.doc CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Patty Esparza,Assistant City Clerk FROM: Steve Bogart, Senior Civil Engineer DATE: June 20, 2019 SUBJECT: TRACT MAP 17801 LEBARD SUBDIVISION(20461 Craimer Lane) THE ATTACHED ORIGINAL TRACT MAP IS READY FOR RECORDATION. Please Contact the Title Company listed below and request that they pick-up the attached Tract Map. At the time of pick-up please forward a copy of this memo and the attached Tract Map and request that they obtain all necessary County of Orange signatures and record it for their client. Title Company: First American Title Company Street Address: 1250 Corona Pointe Court, Suite 200 City,State,and Zip code: Corona,CA 92879 Contact Title Officer: Terrell Crutchfield Telephone Number: (951)256-5879 Email: tcrutchfield@firstam.com Commitment/Order Number: NHSC-5326031 (tc) Client: David Nguyen HB Homes Management,LLC Address: 9140 Trask Avenue#202 Garden Grove,CA 92844 (714) 791-3771 Surveyor: David Warren,PLS High Desert Mapping 16704 Neenach Road,Apple Valley, CA 92307 Phone:-(760)508-8555 Regarding: LEBARD SUBDIVISION(20461 CRAIMER LANE) Upon the City Clerks receipt of the recorded copy of documents,please send a copy of the Tract Map to all contacts listed below: 1. County of Orange Resources &Development Management Department 300 N. Flower Street Santa Ana, CA 92702-4048 Attn: Lily Sandberg, Orange County Surveyor's Office 714-967-0846 2. HB Planning Department Attn:Nicolle Aube 714-374-1529 3. HB Public Works Department Attn: Steve Bogart 714-374-1692 CITY OF HUNTINGTON BEACH Inter-Department Communication NCommunity Development Department TO: City Clerk VIA: Ursula Luna-Reynosa, Community Development Director FROM: Nicolle Aube, Associate Planner DATE: June 20, 2019 SUBJECT: NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT MAP NO. 17801 AND AUTHORIZATION FOR RELEASE FOR RECORDING TRACT NO. 17801 PARCEL MAP NO. N/A PARK AND RECREATION FEES PAID: ❑ YES: $ X NO X OTHER: Park and Rec fees due prior to final building permit DEVELOPER: HB Homes Management,LLC �PP�v7 a City of Huntington Beach File #: 19-589 MEETING DATE: 6/3/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve Final Tract Map No. 17801 and Subdivision Agreement for the LeBard Park Residential Subdivision (Seabreeze Homes) by HB Homes Management, LLC at 20461 Craimer Lane Statement of Issue: Transmitted for City Council consideration is Final Tract Map No. 17801 for the Seabreeze Residential Subdivision by HB Homes Management, LLC at 20461 Craimer Lane (former LeBard School site - west side of Craimer Lane between Crailet Drive and Warwick Drive). This map subdivides the approximately 9.7 acre former LeBard School property into an approximately 6.5 acre parcel for public park purposes and the remaining 3.2 acres into 15 numbered lots for single-family residential purposes, one lettered lot for drainage purposes, and two lettered lots for landscape purposes. Financial Impact: No fiscal impact. Recommended Action: A) Approve Final Tract Map No. 17801 and accept the offer of easement dedications for street, public utility purposes and drainage purposes on Cynthia Drive and Lightbreeze Circle pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and HB Homes Management, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 379919S, Labor and Material Bond No. 379919S and Monument Bond No. 379922S as sureties for the installation of the subdivision's required public improvements and survey monumentation (Attachment No. 7); and, D) Authorize the Mayor and City Clerk to sign Final Tract Map No. 17801 on behalf of the City of Huntington Beach; and, City of Huntington Beach Page 1 of 4 Printed on 5/30/2019 powered by Legistar710 File #: 19-589 MEETING DATE: 6/3/2019 E) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, Indemnity Insurance Company of this action. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Deny Final Tract Map No. 17801, the Subdivision Agreement, and Bonds. 2. Continue Final Tract Map No. 17801, the Subdivision Agreement, and Bonds and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: David Nguyen, HB Homes Management, LLC, 9140 Trask Avenue #202, Garden Grove, CA 92844 Property Owners: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach City School District, 8750 Dorsett Drive, Huntington Beach, CA 92646 HB Homes Management, LLC, 9140 Trask Avenue #202, Garden Grove, CA 92844 Surveyor: David B. Warren, PLS, High Desert Mapping, 16704 Neenach Road, Apple Valley, CA 92307 Surety: Indemnity Company of California, PO Box 19725, Irvine, CA 92623 Location: 20461 Craimer Lane (west side of Craimer Lane between Crailet Drive and Warwick Drive) General Plan: RL (Residential Low Density) and OS-P (Open Space - Parks) Zone: RL (Residential Low Density) and OS-PR (Open Space - Parks and Recreation) No. of Acres: 13.1 total acres: 9.6 acres Public Park and 3.5 acres Residential No. of Numbered Lots: 16 No. of Lettered Lots: 3 No. of Units: 15 B. BACKGROUND: On June 10, 2015, the Planning Commission approved Tentative Tract Map No. 17801 to subdivide the former LeBard School site into an approximately 6.6 acre parcel for public park purposes which will be combined with the existing 3.0 acre City-owned Lebard Park; and a 3.5 acre parcel into 15 numbered lots for single-family residential purposes, one lettered lot for drainage purposes, and two City of Huntington Beach Page 2 of 4 Printed on 5/30/2019 powered by Legistar-11 File #: 19-589 MEETING DATE: 6/3/2019 lettered lots for landscape purposes. Lot 16 of TTM No. 17801 is a combination of the 6.6 acre LeBard School recreation parcel with the City's existing 3.0 acre public park. There are three separate owners of the parcels on TTM No. 17801 (City of Huntington Beach, Huntington Beach City School District, and HB Homes Management) which requires all parties to be signatory to Final Tract Map No. 17801. The Planning Commission discussed issues related to traffic, drainage, and the little league baseball season during the June 10, 2015 meeting. A motion made by Semeta, seconded by Brenden, to approve Tentative Tract Map No. 17801 with findings and conditions of approval, carried by the following vote: AYES: Crowe, Semeta, Pinchiff, Kalmick, Mandic, Brenden, Hoskinson NOES: NONE ABSTAIN: NONE ABSENT: NONE Motion Approved The Planning Commission also approved Conditional Use Permit No. 12-039 and Variance No. 15- 001 as part of the proposed project and recommended approval of Mitigated Negative Declaration No. 12-008, General Plan Amendment No. 12-002, and Zoning Map Amendment No. 12-001 to the City Council. The City Council approved Mitigated Negative Declaration No. 12-008, General Plan Amendment No. 12-002, and Zoning Map Amendment No. 12-001 on July 20, 2015. C. RECOMMENDATION: The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission on June 10, 2015. Additionally, presented for City Council approval and acceptance are the required Subdivision Agreement (between the City and HB Homes Management, LLC) and Bonds pursuant to the City's Zoning and Subdivision Ordinance and the State's Subdivision Map Act. Environmental Status: The actions to accept Final Tract Map No. 17801 and the respective Subdivision Agreement with Bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Enhance and maintain infrastructure Strengthen long-term financial and economic sustainability City of Huntington Beach Page 3 of 4 Printed on 5/30/2019 powered by LeaistarTl File #: 19-589 MEETING DATE: 6/3/2019 Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Map No. 17801 4. Planning Commission Notice of Action for Tentative Tract Map No. 17801with Findings and Conditions of Approval 5. Tentative Tract Map No. 17801 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) 8. Public Park and Development Overview for LeBard Site City of Huntington Beach Page 4 of 4 Printed on 5/30/2019 powered by Legisiar7'^ ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Ma. 1. Final Tract Map No. 17801 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 17801 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedication for street and public utility purposes over Cynthia Drive and Lightbreeze Circle. 2. Accept Easement"A" for drainage purposes. 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTAC H M E N T #2 e a MC FAL 8M CQfl'iA - - BDIIiOER ♦ tea. WARM= ♦ ♦ SL.,7m lei iAIBERT Qi i WommIp N ''�•46 �' � � A77.AfIfA t BAfM70N RANNRIG r n � R _. t t VICINITY MAP GENERAL PLAN AMENDMENT NO. 12-002/ZONING MAP AMENDMENT NO. 12-001/ CONDITIONAL USE PERMIT NO. 12-039/ TENTATIVE TRACT MAP NO. 17801/ VARIANCE NO. 15-0011 MITIGATED NEGATIVE DECLARATION NO. 12-008 (LEBARD PARK AND RESIDENTIAL PROJECT) ATTACHMENT #3 J� r5 0, Tt- g Rg z< ul 00 Hit to 'R 5 Z uj Z < LQ w co tu to ol Lu uj 6 29 u coixl Z5 A! I ZW4 i Fera & LU -A I Lu LU z 00Q.S 'S • R URI 7 t�� 4�. uz W. 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ZMA: To amend the existing zoning designation for the LeBardElementary School portion of the project site from Public-Semipublic (PS) to Residential Low Density (RL) on 3.2 acres and Open Space — Parks and Recreation (OS-PR) on 6.5 acres. CUP: To expand the surface parking lot at LeBard Park and to provide water quality and accessibility upgrades within the expanded park area. A CUP is also required to allow the development of the proposed 15-lot subdivision on a site with a grade differential greater than three feet. TTM: To subdivide the closed LeBard school site into an approximately 6.5-acre parcel, which would be acquired by the City, and the remaining 3.2 acres would be subdivided for development of a 15-unit single- family planned unit development (PUD) and associated infrastructure. The residential lots would be sold to a private home builder for construction of the homes in the future. MND: To analyze the potential environmental impacts associated with the project.VAR: To provide a four-foot-wide landscape planter along a portion of the parking lot adjacent to Warwick Drive in lieu of the required 10 feet. LOCATION: 20451 & 20461 Craimer Lane, Huntington Beach, CA 92648 (LeBard Park and LeBard closed school) DATE OF ACTION: June 9, 2015 Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action: GPA 12-005/ZMA 12-001/CUP 12-039/TTM 17801/MND 12-008/VAR 15-001 June 9, 2015 Page 2 On Tuesday, June 9, 2015, the Huntington Beach Planning Commission took action on your application, and approved Mitigated Negative Declaration No. 12-008 with findings and forwarded its recommendation to the City Council, approved General Plan Amendment No. 12- 002 by approving the draft City Council Resolution and forwarded its recommendation to the City Council, approved Zoning Map Amendment No. 12-001 with findings for approval by approving the draft City Council Ordinance and forwarded its recommendation to the City Council, approved Tentative Tract Map No. 17801 with findings for and suggested conditions of approval, approved Conditional Use Permit No. 12-039 with findings and modified conditions of approval, and approved Variance No. 15-001 with findings and conditions of approval. Please see the attachment list for the applicable documents for each application. The MND, GPA and ZMA applications will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission on the TTM, CUP, and VAR becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty-Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is June 19, 2015 at 5:00 PM. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally legally barred from later challenging such action pursuant to Government Code §66020." Notice of Action: GPA 12-005/ZMA 12-001/CUP 12-039/TTM 17801/MNQ 12-008/VAR 15-001 June 9,2015 Page 2 If you have any questions, please contact Jennifer Villasenor, the project planner, at JVillasenor@surfcity-hb.org or (714) 374-1661 or the Planning and Building Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: AA—k�WU - Jan James, fanning Manager SH:JJ:JV:kd Attachments: 1. Findings and Conditions for Approval - MND No. 12-008, ZMA No. 12-001, TTM No. 17801, CUP No. 12-039 and VAR No. 15-001 2. GPA No. 12-002 Draft City Council Resolution 3. ZMA No. 12-001 Draft Ordinance c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Inspection Manager Jennifer Villasenor, Acting Planning Manager Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL MITIGATED NEGATIVE DECLARATION NO. 12-008/ ZONING MAP AMENDMENT NO. 12-001/TENTATIVE TRACT MAP NO. 178011 CONDITIONAL USE PERMIT NO. 12-039/VARIANCE NO. 15-001 FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO.12-008 : 1. Mitigated Negative Declaration No. 12-008 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of 30 days. Comments received during the comment period were considered by the Planning Commission prior to action on the project. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures are incorporated to address impacts to air quality, aesthetics, geology/soils, hydrology/water quality, biological resources, hazards and hazardous materials, cultural resources, and mandatory findings of significance. Air quality mitigation measures would ensure that established emissions thresholds are not exceeded through sequencing of construction phases. The proposed aesthetics mitigation measures ensure that the proposed homes would be designed in accordance with the City's adopted urban design guidelines and that exterior lighting proposed in association with the homes would not impact adjacent properties. In addition, the aesthetics mitigation measures require existing healthy, mature trees to be replaced at a 2:1 ratio. The proposed biological resources mitigation measures would ensure that existing trees to remain in place and nesting birds in the project area are protected during site development and result in a less than significant impact. The mitigation measures also specify procedures for the protection of cultural, archeological and paleontological resources during the development of the project. The mitigation measures would ensure that impacts would be less than significant in the unlikely event these resources are discovered during grading and construction activities. Geology/soils mitigation measures would incorporate measures with site preparation and fill placement and compaction requirements in order to mitigate impacts to liquefaction and unstable soils at the project site. The mitigation measures also require compliance with NPDES through preparation of a SWPPP to minimize soil erosion during construction. The hazards and hazardous materials mitigation measures require that a soils survey be prepared for the project site to ensure that any potential hazardous materials do not remain on site and require testing and remediation, if necessary, for asbestos and lead prior to demolition of the existing building. Hydrology/water quality and utilities mitigation measures ensure that vegetated swales and a bioretention basin are utilized to ensure water quality is in compliance with all applicable permits, plans and ordinances. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. Potential impacts from the project are minimized to a less than significant level through the project design, standard code requirements, conditions of approval and the recommended mitigation measures. FINDINGS FOR APPROVAL -ZONING MAP AMENDMENT NO. 12-001: G:PC\NOA\1 5\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.1 1. Zoning Map Amendment No. 12-001 to rezone the approximately 10-acre closed LeBard school site from Public-Semipublic (PS) to Residential Low Density (RL) and Open Space — Park and Recreation (OS-PR) is consistent with the goals, objectives, and land use policies of the General Plan as identified below. The proposed change is also consistent with General Plan Amendment No. 12-002, which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning because surrounding land uses include low density residential uses to the north, south, and west and park uses to the east (LeBard Park). As discussed in the environmental assessment for this project, there will be appropriate infrastructure and services available to support the proposed development. A. Land Use Element Goal LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. Policy LU 4.2.5: Require that all commercial, industrial, and public development incorporate appropriate design elements to facilitate access and use as required by State and Federal Laws such as the Americans with Disabilities Act. Objective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. Policy LU 13.1.6: Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or child care, and secondarily for reuse for private purposes and/or other land uses and development. Policy LU 13.1.7: The type, intensity and density for reuse and/or development of surplus school sites shall be determined by the following: a. compatibility with the type and character of adjacent uses; c. the land use designations and policies for surrounding properties as defined by this plan; e. working with residents of surrounding neighborhoods in the formulation of a reuse plan; Goal LU 14: Preserve the City's open spaces. Objective LU 14.1: Preserve and acquire open spaces for the City's existing and future residents that provide, maintain, and protect significant environmental resources, recreational opportunities, and visual relief from development. B. Housing Element Policy H 2.4: Utilize surplus school and park sites for residential use where appropriate and consistent with the City's General Plan. C. Recreation and Community Services Element G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.2 Objective 4.1: Improve and modernize existing parks and facilities to overcome existing design deficiencies and deteriorated conditions. The project will result in redevelopment of closed school site with a single-family residential PUD, which contributes new product to the City's housing stock, while preserving existing recreational sports fields. The 6.5-acre area is developed with six sports fields, which would be acquired by the City and added to the City's overall parkland inventory. The project would provide new and upgraded amenities within the existing LeBard park and sports fields area consisting of a new restroom and concession building, ADA-compliant walkways, and drainage features. The project includes an affordable housing provision as required by existing City requirements, thereby assisting to achieve the City's overall housing goals. Proposed improvements in conjunction with the residential subdivision include a new public street designed to the City's street standards and associated infrastructure. The proposed change of General Plan land use and zoning designations for a portion of the site to RL is consistent with the surrounding single-family residential neighborhoods. The proposed General Plan and zoning amendments for the sports fields area to OS-P and OS-PR, respectively, is the appropriate designation for newly acquired parkland. Design of the residential units would be subject to the City's design guidelines and residential infill ordinance requirements to ensure that the design of the proposed homes is compatible with the surrounding residences and sensitive to the privacy of adjacent homes. The project will be conditioned to have increased rear setbacks of a minimum 20 feet (twice the minimum distance of ten feet permitted within the RL zoning district) to minimize potential privacy intrusions onto existing residences. 2. Zoning Map Amendment No. 12-001 would only change the land use designation rather than a general land use provision and would not affect the uses authorized in and the standards prescribed for the proposed zoning district. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and preserve existing sports fields to address the existing and future community's needs. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment would provide for compatible residential land uses and 6.5 acres of City parkland. The zoning map amendment would result in zoning and General Plan land use designations that are consistent with one another and represents an appropriate transition of a closed school site. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 17801: 1. Tentative Tract Map No. 17801 is consistent with the requirements of the Open Space Parks and Recreation (OS-PR) and Residential Low Density (RL) zoning districts with exceptions that are proposed as part of the Planned Unit Development (PUD) design for the project. These exceptions include deviations to minimum lot width and are permissible with development of a PUD pursuant to the Huntington Beach Zoning and Subdivision Ordinance. The proposed subdivision is consistent with goals, policies and objectives of the General Plan Land Use Element and the designations of Residential Low Density and Open Space — Park, as proposed on the subject property, or other applicable provisions of this code. GPC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.3 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation and drainage perspective. The proposed subdivision will result in a density of approximately five units per acre, which is within the allowable density of seven units per acre of the Residential Low Density land use designation for which the project is proposing to be designated. The proposed density would be consistent with existing surrounding developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has been previously used for an elementary school and is currently used as an administration building for the school district. The project site is surrounded by residential development and paved roads. The site does not contain significant biological resources. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. The project will provide a new parcel that would be acquired by the City for public park use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 12-039: 1. Conditional Use Permit No. 12-039 for the development of 15 single-family residential units and associated infrastructure and site improvements on a site with an approximately three- foot grade differential will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will transition a closed school site with proposed single-family residential uses similar to those existing uses in the vicinity. It will result in less than significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. The project is located on an existing developed closed school site and increased minimum setbacks will provide for a good transition to the existing residential neighborhood with adequate setback buffers from abutting single-family residences. 2. The conditional use permit will be compatible with surrounding residential uses in terms of lot size, design, setbacks, onsite parking, and allowable building height. The residential homes would be required to comply with the City's adopted urban design guidelines, which would ensure compatible design. 3. The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The project would comply with the development standards of the RL district in terms of minimum onsite parking, height, setbacks, and lot coverage. Variations to lot width are permitted as part of a Planned Unit Development. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the proposed General Plan Land Use Element designation of Residential Low Density. In addition, it is consistent with the following goals, objectives; and policies of the General Plan: A. Land Use Element G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.4 Goal LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. Policy LU 4.2.5: Require that all commercial, industrial, and public development incorporate appropriate design elements to facilitate access and use as required by State and Federal Laws such as the Americans with Disabilities Act. Obiective LU 9.1: Provide for the development of single- and multi-family residential neighborhoods. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. Policy LU 13.1.6: Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or child care, and secondarily for reuse for private purposes and/or other land uses and development. Policy LU 13.1.7: The type, intensity and density for reuse and/or development of surplus school sites shall be determined by the following: a. compatibility with the type and character of adjacent uses; c. the land use designations and policies for surrounding properties as defined by this plan; e. working with residents of surrounding neighborhoods in the formulation of a reuse plan; Goal LU 14: Preserve the City's open spaces. Objective LU 14.1: Preserve and acquire open spaces for the City's existing and future residents that provide, maintain, and protect significant environmental resources, recreational opportunities, and visual relief from development. B, Housing Element Policy H 2.4: Utilize surplus school and park sites for residential use where appropriate and consistent with the City's General Plan. C. Recreation and Community Services Element Objective 4.1: Improve and modernize existing parks and facilities to overcome existing design deficiencies and deteriorated conditions. The project will result in redevelopment of closed school site with a single-family residential PUD, which contributes new product to the City's housing stock, while preserving existing recreational sports fields. The 6.5-acre area is developed with six sports fields, which would be acquired by the City and added to the City's overall parkland inventory. The project would provide new and upgraded amenities within the existing LeBard park and sports fields area consisting of a new restroom and concession building, ADA-compliant walkways, and drainage features. The project includes an affordable housing provision as required by existing City requirements, thereby assisting to achieve the City's overall housing goals. Proposed improvements in conjunction with the residential subdivision include a new public street designed to the City's street G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.5 standards and associated infrastructure. The proposed change of General Plan land use and zoning designations for a portion of the site to RL is consistent with the surrounding single-family residential neighborhoods. The proposed General Plan and zoning amendments for the sports fields area to OS-P and OS-PR, respectively, is the appropriate designation for newly acquired parkland. Design of the residential units would be subject to the City's design guidelines and residential infill ordinance requirements to ensure that the design of the proposed homes is compatible with the surrounding residences and sensitive to the privacy of adjacent homes, The project will be conditioned to have increased rear setbacks of a minimum 20 feet (twice the minimum distance of ten feet permitted within the RL zoning district) to minimize potential privacy intrusions onto existing residences. FINDINGS FOR APPROVAL -VARIANCE NO. 15-001: 1. The granting of Variance No. 15-001 to permit a four-foot-wide landscape planter along a portion of the parking lot adjacent to Warwick Drive in lieu of the required 10 feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The current parking lot at LeBard Park does not have perimeter landscaping and the existing sidewalk along the street is not separated by a landscaped parkway. The proposed project would incorporate both of these features and bring the park into greater compliance with existing codes. Similar to many of the City's existing parks that were originally built with the original surrounding subdivision, the park is surrounded by single-family residential uses with limited parking designed to code requirements that are no longer in effect. The variance is required to make improvements to the parking lot and park while maintaining the current amenities and providing for minimal disruption to the public's use of the park. 2. Because of special circumstances applicable to the subject property, including size, location and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is constrained by existing amenities within the park. The area for improvements to the parking lot and park that would provide landscaped parkways, new sidewalks and ADA-compliant walkways is limited due to the location of existing tennis courts and passive recreation area in the park so that they would not be affected by the proposed improvements. Under current zoning regulations, the parking lot requires a 10- foot perimeter landscaped area. The park was established with the original subdivision in the 1960s with no perimeter landscaping and minimal planter areas throughout the parking lot. The continuation of the park use is permitted and the area for improvements is limited by the existing amenities in the park. Compliance with the 10-foot perimeter landscaping area would result in impacts on the existing park amenities and disruption of those amenities to the public. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Benefits of the project include improvements that would enhance the aesthetics, safety and accessibility of the existing parking lot and LeBard Park. The variance would allow for these improvements to occur without affecting existing amenities within the park (i.e. — existing tennis courts and passive recreational area) that serve the public. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The variance is applicable to a portion G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.6 of the parking lot along Warwick Drive. Due to existing improvements within LeBard Park, the variance is necessary to achieve upgrades within the park such as ADA-compliant walkways and improvements such as adjacent sidewalks and landscaped parkways that are consistent with the surrounding neighborhood. The reduction in the perimeter parking lot landscaping will enhance pedestrian safety as it allows for a landscaped parkway adjacent to the street to buffer the sidewalk where none currently exists. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Open Space — Park on the subject property because it would allow for improvements to be constructed that would enhance the overall aesthetics, safety and accessibility of the existing parking lot and LeBard Park. MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. The future residential developer shall comply with the Huntington Beach Urban Design Guidelines and building code requirements to ensure that the 15 single-family residential units are architecturally consistent with the surrounding residential land uses. (MM Aes-1) 2. The Applicant shall obtain a permit associated with the City's Tree Ordinance from the Public Works Department for any proposed activity that may disturb existing trees on the project site. A landscape plan demonstrating compliance with current code requirements and the replacement of existing mature healthy trees to be removed at a minimum of 2:1 ratio with 36-inch box, shade tree or other species as required by the Parks, Tree and Landscape Division shall be submitted to the Public Works Department prior to issuance of a permit to remove and/or plant trees. (MM Aes-2) 3. All lighting associated with the single-family residential development, including any proposed street lighting, shall comply with all applicable City lighting standards to minimize light spill caused by these new light sources. For example, all exterior lighting shall be directed onto walkways and/or driveways within the development and away from adjacent properties. (MM Aes-3) 4. Construction phases shall occur sequentially to ensure that construction emissions are not compounded to exceed the maximum daily emission thresholds due to overlapping construction phases. (MM Air-1) 5. Prior to ground disturbance, the applicant shall provide the City of Huntington Beach proof that a certified biologist has been retained to determine if nesting birds are present within the project footprint or within a 250-foot buffer around the site. If nesting birds are present, construction activity shall be avoided in the area until nesting activity is complete (generally February 1 to August 31), as determined by the biologist. If ground or vegetation disturbance would occur between February and August, a preconstruction nesting bird survey shall be conducted seven days prior to any ground or vegetation disturbance. Any active nests identified shall have a buffer area established within a 100-foot radius (200 feet for birds of prey) of the active nest. Disturbance shall not occur within the buffer area until the biologist determines that the young have fledged. Construction activity may occur within the buffer area at the discretion of the biological monitor. (MM Bio-1) & If the conservation of the existing trees in place is determined to be the preferable option to importing nursery trees for transplantation, then the following measures shall be undertaken to ensure the protection of the tree's roots systems and foliage canopies: ® Tree protection zones shall extend to the trees drip lines or a minimum of 6 feet out from the trunks whichever is greatest G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.7 ® Tree protection zones shall be fenced with durable chain link fencing during the construction operations period to prevent encroachments. The fence(s) shall be held in place with galvanized fence posts that are set into the soil without footings. The fenced tree protection zones shall prohibit access from the construction side of the trees. ® Maintained free of soil importation or exportation, storage of materials, trenching, and vehicular or construction traffic during the operations period. • Top-dressed with 2 inches of coarse organic mulch during the construction period. The area within 2 feet of the trunks shall remain free of the accumulation of mulch. ® The trees shall be maintained using current practices including irrigation, fertilization, and pruning throughout the construction period. ® The protection zones shall be maintained free of encroachment. Encroachment shall only be undertaken after consultation with the project arborist in advance to consider the use of alternate or specialized construction methodologies intended to limit potential impact to any affected trees. ® Shall only be encroached within the root zones beneath the canopy drip lines using pneumatic excavation equipment (Air-spade) or hand tools. All woody roots that are encountered in such excavation operations within the drip lines should be cut using sharp pruning tools and shall not be ripped, torn, or otherwise frayed or damaged, using sharp pruning implements or saws. (MM Bio-2) 7. The following mitigation monitoring program shall be implemented to address potential impacts to undiscovered buried archaeological resources within the proposed project area. This program shall include, but not be limited to, the following actions: ® Prior to the issuance of a grading permit, the future developer shall provide written verification to the City that a qualified archaeologist who meets or exceeds the Secretary of Interior Standards as an archaeologist and is a Registered Professional Archaeologist has been retained to implement the monitoring program. The retained archaeologist shall have experience identifying artifacts, features, and shell midden sites in Orange County. This verification shall be presented in a letter from the project archaeologist to the lead agency. The City, prior to any pre-construction meeting, shall approve all persons involved in the monitoring program. ® The qualified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. ® The qualified archaeologist shall prepare a Cultural Resources Construction Monitoring Protocol document, which shall outline all procedures and authorities for the monitoring project; protocols for a Worker Education Training seminar designed to educate construction workers on archaeological field methods and protocols; and trainings on the penalties for collecting archaeological items. ® In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The qualified archaeologist shall assess, record and either collect or protect the find until such a time that the find can be subjected to Phase II test excavations, if necessary. ® The results of the cultural resources monitoring program shall be summarized in a Cultural Resources Construction Monitoring Report. The report shall document the field and analysis results and interpret the artifact and research data within the research context and shall be submitted to the satisfaction of the City prior to the issuance of any G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.8 building permits. The report would include California Department of Parks and Recreation (DPR) Primary and Archaeological Site forms. (MM Cul-1) 8. The project applicant shall ensure that during excavation a qualified paleontological monitor is present to observe excavation in areas identified as likely to contain paleontological resources. Based upon this review, areas of concern include undisturbed older Quaternary deposits. Paleontological monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments likely to contain the remains of small fossil invertebrates and vertebrates. Monitors must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced or eliminated if the potentially fossiliferous units described herein are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources, or if the parameters of the proposed project will not impact potentially fossiliferous units. This decision is at the discretion of the qualified paleontological monitor. If the monitoring program results in positive findings, then refer to MM Cul-3 through MM Cul-5. (MM Cul-2) 9. Preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Preparation and stabilization of all recovered fossils are essential in order to fully mitigate adverse impacts to the resources. (MM Cul-3) 10. Identification and curation of specimens into an established, accredited museum repository with permanent retrievable paleontological storage. These procedures are also essential steps in effective paleontological mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontological resources is not complete until such curation into an established museum repository has been fully completed and documented. (MM Cui-4) 11. Preparation of a report of findings with an appended itemized inventory of specimens. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into an established, accredited museum repository, will signify completion of the program to mitigate impacts to paleontological resources. (MM Cul-5) 12. If human remains are encountered during construction, the find would be handled in accordance with California Health and Safety Code Section 7050.5, which states that no further disturbances shall occur until the County Coroner has made a determination of origin and disposition pursuant to California Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site within 24 hours of notification, and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. (MM Cull-6) 13. Prior to the issuance of a grading permit, the applicant shall demonstrate that all recommendations contained in the NMG Geotechnicai, Inc. Preliminary Geotechnical Exploration and Design Parameters Report (2014) are incorporated into the proposed project during construction. The following recommendations shall be documented on the project grading plans: The estimated remedial removals for the site shall be on the order of 5 feet deep to fully remove the soft and loose artificial fill and weathered alluvium in order to reduce future settlement potential. G:PCWOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.9 ® The removal bottoms shall be reviewed and approved by the geotechnical consultant prior to fill placement. ® Upon completion of the remedial removals, the approved removal bottoms shall be scarified a minimum of 6 inches, except when soft, wet soils are encountered. The removal bottoms and fill materials shall be compacted to at least 90 percent of maximum dry density, as determined by ASTM Test Method D1557. ® Fill materials shall be placed in loose lifts no thicker than 6 inches and shall be relatively free of deleterious material. ® The moisture content of new compacted fill soils shall be placed at above the optimum moisture content within the compactable moisture range. Appropriate equipment support or other measures (e.g., mixing, stockpiling, drying) may be needed to achieve the uniform and correct moisture content for placement of the fill. (MM Geo-1) 14. In accordance with the NPDES Construction General Permit, the project applicant shall prepare a project-specific SWPPP to minimize soil erosion, which would implement best management practices (BMPs), such as but not limited to the following: ® Minimizing Disturbed Areas. Clearing of lands is limited to that which will be actively under construction in the near term, new land disturbance during the rainy season is minimized, and disturbance to sensitive areas or areas that would not be affected by construction is minimized. • Stabilizing Disturbed Areas. Temporary stabilization of disturbed soils is provided whenever active construction is not occurring on a portion of the project site, and permanent stabilization is provided by finish grading and permanent landscaping. ® Protecting Slopes and Channels. Outside of the approved grading plan area, disturbance of natural channels is avoided, slopes and crossings are stabilized, and increases in runoff velocity caused by the project are managed to avoid erosion to slopes and channels. ® Controlling the Site Perimeter. Upstream runoff is diverted around or safely conveyed through the project site and is kept free of excessive sediment and other constituents. ® Controlling Internal Erosion. Sediment-laden waters from disturbed, active areas within the project site are detained. (MM Geo-2) 15. Prior to issuance of a grading permit, the project applicant shall have a soils survey conducted for the proposed project site to determine if any agricultural chemicals (herbicides, insecticides, pesticides and metals) remain at the project site from past agricultural use. The applicant shall implement the mitigation recommendations in the soils report. (MM Haz-1) 16. Prior to any site redevelopment, the project applicant shall have a Certified Lead Inspector/Assessor, as defined in California Code of Regulations (CCR) Title 17, Section 35005, assess onsite buildings for the presence of lead-based paint. The applicant shall implement the mitigation recommended in the assessment. (MM Haz-2) 17. Prior to any site redevelopment, the project applicant shall have a California Certified Asbestos Consultant assess on-site buildings for the presence of asbestos-containing materials. The applicant shall implement the mitigation recommended in the assessment. (MM Haz-3) 18. In compliance with the WQMP for the LeBard Elementary School site, a detention basin and a flow-based vegetated swale shall be incorporated into the design of the proposed project and shown in the Final Tentative Tract Map. All design parameters outlined in the WQMP GPC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.10 shall be implemented in the design and construction of the detention basin and flow-based vegetated swale. All operational requirements, such as inspections and maintenance activities, established in the WQMP for LeBard Elementary School Site shall be implemented during the operational phase of the proposed project. (MM Hydro-1/Utilities) 19. In compliance with the WQMP for the LeBard Park site, a flow-based vegetated swale and a volume-based bioretention basin shall be incorporated into the design of the proposed project and shown in the Final Tentative Tract Map. All design parameters outlined in the WQMP shall be implemented in the design and construction of the flow-based vegetated swale and volume-based bioretention basin. All operational requirements, such as inspections and maintenance activities, established in the WQMP for LeBard Elementary School Site shall be implemented during the operational phase of the proposed proiect. (MM Hydro-2/Utilities) CONDITIONS OF APPROVAL —TENTATIVE TRACT NO. 17801: 1, The Tentative Tract Map No. 17801 received and dated January 21, 2015, shall be the approved layout except as modified per the conditions herein: a. Turning radii for the parking lot access off Warwick Drive shall be designed to comply with the minimum requirements of City Specification No. 401 — Minimum Standards for Fire Apparatus Access. (FD) b. Fire hydrants shall be shown on the project plans and installed and in service before combustible construction begins. Hydrant location and spacing shall be shown on the plans in accordance with City Specification No. 407 — Fire Hydrant Installation Standards. (FD) C. Identify a 20-foot setback restriction for Lots 1 through 6 on the tentative tract map per condition No. 6 a.iv.3. d. The parking lot expansion area (from the eastern boundary of the existing parking lot to the SCE right of way) shall be eliminated from the project plans. 2. The final map for Tentative Tract Map No. 17801 shall not be approved by the City Council until General Plan Amendment No. 12-002 and Zoning Map Amendment No. 12-001 are approved and in effect. 3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing, The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. 4. Prior to issuance of a grading permit, the required Precise Grading Plan shall include the following: a. The proposed water quality/detention basin within Lot A of the subject TTM No. 17801 shall be designed and constructed as useable parkland for public park use. G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.11 b. All design parameters and dimensions for all proposed storm water quality and/or detention features (including any engineered and/or biofiltration media) shall be shown on the PGP. c. The Final Hydrology and Hydraulics Report shall be prepared to accurately model the limits and function of the proposed water quality and/or detention basins with respect to all volume and capacity requirements for detention, infiltration, duration of detention and limits of useable parkland. d. The Final Water Quality Management Plan shall conform to the final designed and modeled stormwater system, including detention (PW) 5. Prior to issuance of Building Permits, an Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Planning and Building Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. 6. Prior to recordation of the final map: a. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Departments of Planning and Building, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall include the following: i. Provide for maintenance, repair and replacement by a Homeowner's Association (HOA) for all common area landscaping (Lots B & C and parkways along `A' Street), irrigation, drainage facilities, water quality BMP's, and private service utilities. ii. The Homeowner's Association (HOA) shall execute a Landscape Maintenance Agreement with the City that the HOA shall be responsible for the continuing maintenance and liability of all landscaping, irrigation, water quality and drainage features associated with the proposed water quality basin (adjacent to the City Park and indicated as Lot "A" on Tentative Tract Map 17801). The agreement shall describe all aspects of maintenance such as removal of trash, debris and silt buildup, removal and replacement of dead/damaged lawn (and any other plantings) resulting from the operation of the basin and any other aspects of maintenance that are warranted by the improvements. The agreement shall state that the HOA shall be responsible for all costs associated with maintenance, repair, replacement, liability, and fees imposed by the City. The Landscape Maintenance Agreement shall be referenced in the CC&R's. iii. Appropriate language shall be placed into the project CC&Rs specifically allowing and guaranteeing the ongoing ability of the general public to utilize on street parking within the development during park use hours. iv. Provide for disclosures to all potential buyers in the purchase and sale agreement that: 1. The buyer is aware that they are purchasing a home adjacent to sports/baseball fields and may be subject to errant/fly balls on their property. G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008-VAR 15-001 (LeBard) Attachment 1.12 2. On-street parking on `A' Street shall remain available for general use by the public. 3. Lots abutting single-family homes on Crailet Drive (Lots 1 through 6) shall maintain 20-foot rear yard setbacks. 7. Comply with all mitigation measures adopted for the project in conjunction with MND No. 12-008. 8. Comply with all applicable Conditional Use Permit No. 12-039 and Variance No. 2015- 001 conditions of approval. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 12-039/VARIANCE NO. 15-001 : 1. The project plans received and dated January 21, 2015, shall be the conceptually approved design with the following modifications: a. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan. If located on a future building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. b. Turning radii for the parking lot access off Warwick Drive shall be designed to comply with the minimum requirements of City Specification No. 401 — Minimum Standards for Fire Apparatus Access. (FD) c. Fire hydrants shall be shown on the project plans and installed and in service before combustible construction begins. Hydrant location and spacing shall be shown on the plans in accordance with City Specification No, 407 — Fire Hydrant Installation Standards. (FD) d. The proposed foot bridge connecting the tot lot area within LeBard Park to the sports fields shall be redesigned to include a handrail. The railing shall meet all applicable requirements of the California Building Code and shall be subject to review and approval by the Planning and Building and Community Services Departments. e. A minimum of one parking on-street parking space shall be provided per lot. f. Lots 6, 10 and 11 shall provide one additional driveway parking space in addition to the code required driveway spaces. The additional driveway space may be tandem (i.e, — behind) the code required driveway spaces. g. The parking lot expansion area (from the eastern boundary of the existing parking lot to the SCE right of way) shall be eliminated from the project plans. 2. Conditional Use Permit No. 12-039 and Variance No. 15-001 shall not become effective until General Plan Amendment No. 12-002 and Zoning Map Amendment No. 12-001 are approved by the City Council and in effect. G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1,13 3. Green building strategies shall be incorporated into the construction of the residential units that meet all mandatory measures of the State of California Housing and Community Development's 2010 California Green Building Code, including providing energy efficiency 30 percent greater than the 2008 California Energy Commission Title 24 code standards. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?Catego[ylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfm?fuseaction=guidelines). 4. Prior to issuance of grading permits, the following shall be completed: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. b. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning and Building Department. Double walls along the existing homes on Crailet Drive shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to a six (6') foot tall wall located entirely within the subject property and with a two (2) inch maximum separation from the property line. The two-inch gap shall be filled with foam and capped or another alternative subject to approval by the Planning and Building Department. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall' identify materials, seep holes and drainage. c. A fencing/netting plan shall be submitted to the Planning and Building and Community Services Departments for review and approval. The fencing/netting plan shall be prepared by a qualified sports fencing/netting company and include backstop modifications and/or netting at heights appropriate to ensure adequate protection of the new homes from errant/fly balls based on the configuration of the sports fields. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.14 b. Submit three (3) copies of the site plan and the processing fee to the Planning and Building Department for addressing purposes after street name approval by the Fire Department. c. Contact the United States Postal Service for approval of mailbox location(s). d, The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning and Building Department. e. The final design of the 15 homes shall be reviewed by the Design Review Board for conformance to the Urban Design Guidelines and HBZSO. 6. Prior to issuance of building permits, the following shall be completed: a. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. b. General Plan Amendment No. 12-002 and Zoning Map Amendment No. 12-001 shall be approved by the City Council and in effect. 7. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning and Building Department. b. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. c. A new storage/restroom/concession building shall be constructed per the location on the project plans, dated January 21, 2015. (Public Benefit) d. All improvements (relocation of bleachers and bullpens, ADA-compliant walkways, parking lot improvements, drainage improvements, water quality/detention basin with passive park amenities) within LeBard Park and the sports fields shall be completed. (Public Benefit) 8. Conditional Use Permit No. 12-039 and Variance No. 15-001 shall become null and void unless exercised within two years of the date of the final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning and Building Department a minimum 30 days prior to the expiration date. 9, The development services departments (Planning and Building, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Planning and Building may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If G:PC\NOA\15\GPA 12-002_ZMA 12-001_CUP 12-039_TTM 17801_MND 12-008_VAR 15-001 (LeBard) Attachment 1.15 the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 10. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 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RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 17801; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain 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 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. g/agree/surfnet/subdivision I NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. g/agree/surfnet/subdivision 2 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/surfnet/subdivision 3 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Four Hundred Twenty- Eight Thousand Eighty-Six Dollars ($428,086.00), which is one g/agree/surfnet/subdivision 4 hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 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 Two Hundred Fourteen Thousand Forty-Three Dollars ($214,043.00), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing g/agree/surfnet/subdivision 5 by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public g/agree/surfneUsubdivision 6 liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. g/agree/surfnet/subdivision 7 SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. g/agree/surfnet/subdivision 8 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach HB Homes Management, LLC ATTN: Director of Public Works Attn: David Nguyen 2000 Main Street Huntington Beach, CA 92648 9140 Trask Avenue Garden Grove, CA 92844 15. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters g/agree/surfneUsubdivision 9 included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/subdivision 10 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/surfnet/subdivision 1 1 25. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/surfnet/subdivision 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a municipal HB Homes Management, LLC corporation of the State of California 9140 Trask Ave. #202, Garden Grove, CA 92844 By: David Nguyen print name �&hw4jidj ITS: (circle one) Chairman/President/Vice Cit Clerk (. 7 14 President INITIATED AND APPROVED: AND By: Director of PAlic Works Loan yen print name REVIEWED AND APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer Y' 6l City Manager APPROVED A ity Attorney g/agree/surfnet/subdivision 13 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 oiKANG[— ) On _OC TO W9, 3.201 k before me, -H P N, T NGU I e N (rAC)INVA pLl gl.�C (insert name and title of the officer) personally appeared VIA VI D N GU`I C-N 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. s""`°'� HAN T. NGUYEN WITNESS my hand and official seal. Coin+.#2224901 r^ NOTARY PUkIC•CALIFORMA N ORANGE COUNTY ( NY Co'µ.EX.DEC.10,2021'' Signature ! (Seal) 1 ® DATE(MMIDO/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 05/29/2019 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 endorsement(s). PRODUCER CO CT PHIL D0NG NAME: PHIL DONG INSURANCE AGENCY,INC. PHONE 714-775-6777 FAX Ne; 888-866-9567 _ 15626 BROOKHURST ST. E-MAIDDRL E s: admin hildon a enc .coon INSURERS AFFORDING COVERAGE NAIC N WESTMINSTER CA 92683-7573 _ INSURERA: Truck Insurance Exchange 21709 INSURED INSURERB: Farmers Insurance Exchange 21652 HB HOMES MANAGEMENT,LLC INSURER c Mid Century Insurance Company 21687 INSURERD: Evanston Insurance Company 35378 9140 TRASK AVE,SUITE 202 INSURER E: GARDEN GROVE CA 92844 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. _.. -- — INBR TYPE OF INSURANCE ADD"SUER POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ _1.000.000 DAMAGE TO DENTED IC OMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1 CLAIMS-MADE OCCUR MED EXP(Any one person) $ D Y 3AA309133 10/23/2018 10/23/2019 PERSONAL aADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ IFCT POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED L SCHEDULED Y 606746538 05/29/2019 05/29/2020 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS iPer accident $ UMBRELLA LUIB �_]OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE BY. „SA;6401 AGGREGATE $ _ DEO RETENTIONS MICHAEL E.GATES $ WORKERS COMPENSATION ITY ATTORNEY WC STATU- OTH- ER AND EMPLOYERS'LIABILITY YIN CITY OF HUNTINGTON BEA H ANV PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ _ OFFICER/MEMBER EXCLUDED (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) LOCATION:20451 CRAIMER LANE,HUNTINGTON BEACH,CA 92646 ADDITIONAL INSUREDS:CITY OF HUNTINGTON BEACH,ITS OFFICERS,OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS POLICY WILL NOT BE CANCELED OR MODIFIED WITHOUT 30 DAYS PRIOR WRITTEN NOTICE OF CITY 93 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF HUNTINGTON BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:DIRECTOR OF PUBLIC WORKS ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN STREET AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 3AA309133 COMMERCIAL GENERAL LIABILITY CG20120798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PRIMARY AND NON-CONTRIBUTORY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 — Who is An Insured is amended to 2. This insurance does not apply to: include as an insured any state or political subdivi- a. 'Bodily injury," "property damage" or "per- sion shown in the Schedule, subject to the following sonai and advertising injury" arising out of provisions: operations performed for the state or munici- 1. This insurance applies only with respect to op- pality;or erations performed by you or on your behalf for b. 'Bodily injury" or"property damage" included which the state or political subdivision has issued within the "products-completed operations a permit. hazard". CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 13 POLICY NUMBER: 3AA309133 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or 20451 Craimer Lane, Huntington Beach, CA 92646 appointed officials, employees, agents and volunteers Information required to com lete this Schedule if not shown above,will be shown in the Declarations. A. Section II —.Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section Ill—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work' at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 City of Huntington Beach :-Y 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ WWW.huntingtonbeachca.gov FEB•p,•1909�a� � Office of the City Clerk Robin Estanislau, City Clerk June 7, 2019 HB Homes Management, LLC Attn: David Nguyen 9140 Trask Avenue Garden Grove, CA 92844 Dear Mr. Ngyuyen: Enclosed is a fully executed copy of the "Subdivision Agreement By and Betwee the City of Huntington Beach and HB Homes Management LLC for Tract No. 17801" approved by the Huntington Beach City Council on June 3, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ATTACHMENT #7 r E � RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating -7 Syr' (Date) , « CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION., k TO: City Treasurer FROM: City Clerk r" DATE: l h IAO c SUBJECT: Bond Acceptance have received the bonds for � ��t�°�MzL (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. L-3-7 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. -7 Monument Bond No. / A Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. / 7 Approved (Council Approval Date) CC No. Agenda Item No. -J" MSC No. City Clerk Vault No. 7` C� . Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH F�B INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 7 60 1 SUBJECT: Bond Acceptance have received the bonds for t V,�j✓l'ICs 0'/. �4�L�Y�I T- LC_ (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) I Performance Bond No. 3 �/ Payment Bond (Labor and Materials) Bond No. 3 1 919 S 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. 3 7 q Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. 7 4fOl Approved D 3 (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. -z . AiO Other No. SIRE System ID No. g1forms/bond transmittal to treasurer bUNU NU. 379919S PREMIUM 8,990.00/2 years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and HB HOMES MANAGEMENT, LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated AUGUST 6 20 18 ,and identified as project SEEBREEZE ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW,therefor,we,the principal and INDEMNITY COMPANY OF CALIFORNIA as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of FOUR HUNDRED TWENTY EIGHTTHOUSAND,EIGHTY SIZ dollars($ 428,088.00 } lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. FAITHFULL PERFORMANCE BOND FM..doc 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 AUGUST 6 20 is HB HOMES MANAGEMENT,LLC as Principal By By DAVID NGUYEN,MEMBER INDE NITY COMPANY OF CALIFORNIA as Surety B LLIAM FORD PERSONS,ATTORNEY-IN-FACT AP R VIED AS TO FORM sY: MICtiAt, C. aATES .'ITY ATTORNNE1' CITY OF HwiT'.NGTOr" 0EACH FArMFULL PERFORMANCE BOND FM.Aoc STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON S F-9� 19 aag BEFORE ME, 41 AN —f N&U I G A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED DAV IDLNCT U I C—N PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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/HERFFHEIR 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. ITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL _� .+ HAN NGUYEN rrAA * °� T,COW,#2224901 '^ v! t ® o NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY Gam^' MY Comm.Exp.DEC.10,2021"� STATE OF CALIFORNIA ) ) SS COUNTY OF4)R > ) ON �l 1 — BEFORE ME, WIUI'�M C70I S � A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED I{IV IA"VI �'d(zD �'C�S0�5 PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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 EGOING PARAGRAPH IS TRUE AND CORRECT. WITN AND AND OFFICIAL SEAL. SIGNATURE SEAL ou WILLIAM CHRIS BAILEY'COMM. 2181847 FAITHFULL PERFORMANCE BOND FM..dockOTARY F'UBLlC CALIFOFiNIAL.OS ANGELES COUNTY Comm EEmg5t 25.2021 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***William Chris Bailey,William Ford Persons,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017. By. .-'*�-iAND/,O.,.,- QIy,PANYpc Daniel Young,Senior Vice-President ?yJ;\��o�°RtTFo°yy y 4¢Q4Rgr�t'r W 1936 :<; _ OCT.5 ° a a: a' d 1967 b By: �� uFoaP''a pyi C, Mark Lansdon,Vice-President '•,��.........*�°,,•'� 41FO P 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 February 6,2017 before me, Lucille Raymond,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon 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 LUCILLE RAYMONO which the person(s)acted,executed the instrument. _ Commission#2081945 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. NI Comm.Ex ires Oct 13 A,8 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucillt�64ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 6 th day of AUGUST, 2018 o AND�Na �o►� POY p� yJ c�y s r� 4�Q - i =Y z = OCT.5 B a; 1936 2 1 0 Cassie J. rrisford,Assistant Se tary ;off., c '.r3°�,: > C4 90 \��a ATS-1002(02117) �'•,,,,,,,,,,,,,•'� BOND NO. 379919S PREMIUM PAID ON PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of Califomia, and HB HOMES MANAGEMENT,LLC (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated AUGUST 6 2018 , and identified as project SEABREEZE is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said Principal and the undersigned as corporate surety,.are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code In the sum of TWO HUNDRED FOURTEEN,THOUSAND,FOURTY THREE dollars ($ 214,043.00 ),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. 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. 1 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on AUGUST 6, 20 18 HB HOMES MANAGEMENT,LLC as Principal By By DAVID NGUYEN,MEMBER IN EMNITY COMPANY OF CALIFORNIA as Surety By y WILLIAM FORD PERSONS,ATTORNEY-IN-FACT A VED TO FORM By: I HA t� SATES CITY ATTORNEY CM'OF Htiir#.4:C-T4N(TEACH 2 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: —William Chris Bailey,William Ford Persons,jointly or severally— as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attoney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017. �.......•...... Daniel Young,Senior Vice-President OCT. 0 a: ro� w By. -%O�'ti g4FOFte�P'•D 0 C.� Mark Lansdon,Vice-President o * 't��,.• 41FOF 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 February 6,2017 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon 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 LUCILLE RAYMOND which the person(s)acted,executed the instrument _ Commission#�2081945 Notary Public-Callfamla I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is z Orange County D true and correct M Comm.E6 ires Oct 13 2018 WITNESS my hand and official seal. 1 Place Notary Seal Above Signature LucilleLucilli 1364ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. """ This Certificate is executed in the City of Irvine,California, th AUGUST 2018 ia,this day of / '��y AND�y'•. pMp Y o� By: -�,/n{c. = co` 1936 < o�T.5 o Cassie J, rrisford,Assistant S tary off.• c P.:o- D o tu87 r 2 ATS-1002(02/17) STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON SEP 1 ' dQIk , BEFORE ME, -HAN T. NGuyG-t�l A NOTARY PUB(LIC INLAND FOR SAID STATE, PERSONALLY APPEARED DAVI LLI NGM EN , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT fjE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIRAUTHORIZED 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. WITTNNESSSMMY HAND AND OFFICIAL SEAL. SIGNATURE SEAL _� ° �. HAN T, NOVEN � '� Couu.ik 222/901 N >! F NOtARYPUBIIC•C7IUFORMIA N_ ORANGE COUNTY uY coMw.Exo.oEc.so,2oz�-' STATE OF CALIFORNIA ) SS CO NTY OF 9fb41d ON ll� (��O BEF WItt(AM G�/� /L ORE ME, 5 L q NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PROVED TOME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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 E FOREGOI ARAGRAPH IS TRUE AND CORRECT. WITUE S MY HA A D FF CCIAL SEAL. SIGNATURE SEAL WILIIAM CHRLS BA LEY FAI7 fiFULL PERFORMANCE BOND FM..doc COMM. 2181847 0 ol�J4 NOTARY PL%C CAUFORNIA ..OS ANGELES COUNTY mrn Fa m Fob.i5o 2021 BOND NO. 379922S PREMIUM $544.00/2YEARTERM MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT HB HOMES MANAGEMENT,LLC as Subdivider of Tract No. 17801 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said HB HOMES MANAGEMENT,LLC (Subdivider) as principal, and INDEMNITY COMPANY OF CALIFORNIA as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$ 25,900.00 , 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 2ND day of OCTOBER ,20 18 HB HOMES MANAGEMENT,LLC as Principal AP R VED AS TO FORM By DAVID NGUYEN,MEMBER B}; By WIVIAEL E. aA CITY ATTORNEY ff4QFMN[TY COMPANY OF CA FORNIA as Surety CITY OF HU►—s,"CTON UEACH y WILLIAM FORD PERSONS,ATTORNEY-IN-FACT By 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of LOS ANGELES On 1 0/2/2 01 8 before me, WILLIAM CHRIS BAILEY,- Notary Public, Date Insert Name of Notary exactly as it appears on the official seal I personally appeared WILLIAM FORD PERSONS Name(s)of Signer(s) v 4 r 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) WILLIAM CHRIS BAILEY acted, executed the instrument. F COMM. 2181847 MO I certify under PENALTY OF PERJURY under the laws of d NOTARY PJMC cAUFORNIA f the State of California that the foregoin ragraph is true d �06 ANGLES COUNTY and correct. @Iy Comm.E=W-Fab.25 2021 z Witness my Oat.r-. d Icial s Signature Place Notary Seal Above SiN Pub is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: MONUMENT BOND No. 3 7 9 9 2 2 S Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) � Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General Fill Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing'. Si ner is Representing: p 99 i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***William Chris Bailey,William Ford Persons,jointly or severally— as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017. By: ' �/ ^" ..•-(Y AND 4, OZ}PANYp� Daniel Young,Senior Vice-President 'co °V OR4IFo cry= v�pD�4?C, W' 1936 :<= _ OCT.5 �d a: ems' 1967 b By. Mark Lansdon,Vice-President -�o��o'...... ��c�4fFoy, a 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 February 6,2017 before me, Lucille Raymond,Notary Public Date Here Insert Name and Tr le of the Officer personally appeared Daniel Young and Mark Lansdon Nams(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 LUCILLE RAYMOND which the person(s)acted,executed the instrument. _ Commission#2081985 Notary Public-Callfomia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. M Comm.E ires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature yw� Lucill ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this day of ,• `•ty AND i.. pM of 2 nd OCTOBER 2 01 8 ANY C,Co. y FA G�PUg4F� CT 0 Cassie J, rrisford,Assistant Sectfitary off., cq �.r8 d' uro a (fFOP� ATS-1002(02/17) *,,,..•`' ATTACHMENT #8 QD N € - 02 I 11 I T-=- o ` F o cjl' µ I I 4 W LU 'C I Q W 1 � � UI a. FBI -Elli� [Cep; ... r� - ' W LU LJ I r•. I LU I n f ► I O Due-1 elgangnS— a;oa y4loMua){