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HomeMy WebLinkAboutFinal Tract Map No. 18068 - Subdivision Agreement- Shorehous RECEIVEDBY,: CITY CLERK RECEIPT COPY Return DUPLICATE to f� City Clerk's Office (Name)` after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: /--) lc�?Da1 SUBJECT: Bond Acceptance have received the bonds for Cv 1LC 41P-1 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. PQ 4_2�41e) �SD/t?_3�j Labor and Material Bond No. P60Z L11 -7,�1 ,7,3!1 Guarantee and Warranty Bond No. Monument Bond No. pdgr✓.2�-/�} ��O/ �(� Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /9 y07 Approved �n (Council)Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer 19PPROIlEA -7-O 'o City of Huntington Beach File #: 21-073 MEETING DATE: 2/1/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve Final Tract Map No. 18068 and Subdivision Agreement for the Shorehouse Residential Subdivision by C3 DLG 414 Main Street, LLC at 414 - 424 Main Street Statement of Issue: Transmitted for City Council consideration is Final Tract Map No. 18068 for the Shorehouse Residential Subdivision by C3 DLG 414 Main Street, LLC at 414 - 424 Main Street (east side of Main Street between Orange Avenue and Pecan Avenue). This map consolidates six parcels into a 0.42 acre parcel for condominium purposes. Financial Impact: Not applicable. Recommended Action: A) Approve Final Tract Map No. 18068 and accept the offer of easements 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 C3 DLG 414 Main Street, LLC, Inc. (Attachment No. 6); and, C) Accept Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239 and Monument Bond No. PB02497501240 as sureties for the installation of the subdivision's required public improvements and survey monumentation (Attachment No. 7); and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety. Philadelphia 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. 18068 and the Subdivision Agreement/Bonds. City of Huntington Beach Page 1 of 3 Printed on 1/27/2021 powereW LegistarTM File #: 21-073 MEETING DATE: 2/1/2021 2. Continue Final Tract Map No. 18068 and the Subdivision Agreement/Bonds and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: C3 DLG 414 Main Street LLC, 1024 Bayside Drive, Suite 365, Newport Beach, CA 92660 Property Owner: Peter Zehnder, HB Main L.P., 124 Tustin Ave., Ste. 200, Newport Beach, CA 92663 Engineer: Jones, Cahl & Associates, 18090 Beach Blvd. #12, HB CA 92648 Surety: Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950 Location: 414 - 424 Main Street (east side of Main Street between Orange Avenue and Pecan Avenue General Plan: M-Sp (Mixed Use - Specific Plan Overlay) Zone: SP5-CZ-District 1 (Downtown Specific Plan - Coastal Zone Overlay - Downtown Core) No. of Acres: 0.42 acres No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 20 B. BACKGROUND: On January 23, 2018, the Planning Commission approved Tentative Tract Map No. 18068 to subdivide approximately 0.42 acres into one numbered lot for condominium purposes. The Planning Commission also recommended approval of Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003 and Special Permit No. 17-001 as part of the proposed project. The Planning Commission discussed the proposed parking, the construction dates, and construction truck routes. A motion was made by Kalmick, seconded by Grant, to approve Tentative Tract Map No. 18068 with findings and modified conditions of approval, carried by the following vote: AYES: Crowe, Scandura, Kalmick, Mandic, Grant NOES: Ray, Garcia City of Huntington Beach Page 2 of 3 Printed on 1/27/2021 powere5+V LegistarTl File #: 21-073 MEETING DATE: 2/1/2021 ABSTAIN: NONE ABSENT: NONE Motion Approved 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 January 23, 2018. Additionally, presented for City Council approval and acceptance are the required Subdivision Agreement (between the City and C3 DLG 414 Main Street, 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. 18068 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 Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Map No. 18068 4. Planning Commission Notice of Action for Tentative Tract Map No. 18068 with Findings and Conditions of Approval 5. Tentative Tract Map No. 18068 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 3 of 3 Printed on 1/27/2021 powereW LegistarTM ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 18068 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 18068 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedication for Street and Public Utility purposes over Main Street and Alley. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. PB02497501239 b. Labor and Material Bond No. PB02497501239 C. Monument Bond No. PB02497501240 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 543 s 5 a � e x �' xc r ati pi cvrr[a EDIIFCHM / WABN[B w \ iA1B[R7 GAAMLB Subject Property 'va"vmwN ®. � DAM9 � A 1 C' 1 L*ruuvArous �� ® � AiLAfYrA 1 9AI�,T(IV 1 . � BANNLMC ! VICINITY MAP FINAL TRACT MAP NO. 18068 (SHOREHOUSE —414-424 MAIN STREET) 544 SHEET 1 OF 3 SHEETS NUMBER LOTS 1 NUMBERED ACCETRACT NO. 18068 FIRST AMPTED AND FILED AT THE TITLE COMPANY GROSS AREA. 12,701 SQUARE FEET REQUEST OF NET AREA: 18,445 SOUARE FEET ERICAN DATE OF SURREY: FEBRUARY 12, 2020 IN THE CITY OF HUNTINGTON BEACH, DATE ALL of TENTATIVE TRACT N0. 18068 COUNTY OF ORANGE, STATE OF CALIFORNIA TIME FEE_ BEING A SUBDIVISION OF LOTS 30,31,32,33,34,AND 35 IN BLOCK 403,MAP OF HUNTINGTON BEACH,MAIN STREET SECTION,AS SHOWN ON A MAP FILED IN BOOK 3,PAGE 43 INSTRUMENT NO. OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BOOK PAGE FOR CONDOMINIUM PURPOSES COUNTY CLERK RECORDER FEBRUARY, 2020 BY JONES, CAHL & ASSOCIATES DEPUTY DANIEL RUBIO P.L.S. 8239 WH E EING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND MTV WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A COVERED BY THIS MAP,DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. ACT AND LOCAL ORDINANCE AT THE REQUEST OF JERZY JP SECOUSSE IN FEBRUARY 2020. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY WE ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE 1. AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES OVER MAIN STREET AND SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.I HEREBY STATE THAT THIS ALLEY,AS SHOWN ON THIS MAP. FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. MAIN ' /%�ZO C3 DLC{7{MA STREET,LLG A CALIFORNIA LIMITED LIABILITY COMPANY ANTE 4p BY: 414 MAIN STREET MANAGERS,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY, LS.NO: 8239 ITS MANAGER EXPIRATION DATE: 12/31/2021 N0.8239 9 BY. G� CF'CI,UF6P N ZY JP SECOUSSE CITY BJC7ll�i'8 6TATB.BdT T MANAGING DIRECTOR/MEMBER I HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAYS FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP,AS FILED WITH,AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WALL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. ffATBOM HB MAIN,L.P.,A CALIFORNIA LIMITED PARTNERSHIP,BENEFICIARY DATED THIS��DAY OF NbYL,gBcK 2020 M UNDER A DEED OF TRUST RECORDED DULY 14,2020 AS INSTRUMENT �� ^ N0. 2020 334697 OF OFFICIAL RECORDS. �7nCyLL�"!/IL/// �'Z NO SllOp THOM s�� BY: CITY ENGINEER,CITY OF HUNTINGTON BEACH Nw E pFjls 14 ZcMNOGR EXPIRATION DATE: JUNE 30,2021 4YFp,C BY, �t COLIIRY Bi/iVEYOFrB SFATBOO I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I NOTARY AM M E XY Effl. AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. JA NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY DATED THIS DAY OF 2020 THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY,OR VALIDITY OF KEVIN R.HILLS,COUNTY SURVEYOR THAT DOCUMENT. - P.L.S.6617 STATE OF CALIFORNIA ) )SS BY: LILY M. N.SANDBERG,DEPUTY COUNTY SURVEYOR COUNTY OF Qr"f{`) P.LS. 8402 ON CC-6b&f 1 ri. 20.Z6 BEF�.{pMREE ME. •V 4✓4ia2 O_r. A NOTARY PUBLIC ONALLY APPEARED X%f un:ns v n STY CLEF"t�iTFiCATE: /Ll\ STATE OF CALIFORNIA) WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) COUNTY OF ORANGE )SS YMOSE NAME(M IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO 5 ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/RHEIR AUTHORIZED CAPACITY(IES);AND THAT BY HIS/MER/TW&R SIGNATURE(B)ON THE INSTRUMENT THE I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY PERSON($);OR THE ENTITY UPON BEHALF OF WHICH THE PERSONW ACTED,EXECUTED COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD THE INSTRUMENT. ON THE OF 2020 AND THAT THEREUPON SAID COUNCIL DID,BY AN ORDER DULY PASSED AND ENTERED,APPROVE SAID MAP AND DID I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACH, SUBJECT TO IMPROVEMENTS, THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. THE DEDICATION OF THE EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES OVER, MAIN STREET AND ALLEY,AS SHOWN ON THIS MAP. WITNESS MY HAND. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION SIGNATURE MY PRINCIPAL PLACE OF BUSINESS 66436(0)(3)(A)OF THE SUBDIVISION MAP ACT. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY NOTARY PUBLIC IN AND FOR IS IN OfCn7Q COUNTY CORRECT. SAID STATE f� ,1--/ GATED THIS DAY OF 2020 /V-V� /771//I•Fif'S�� MY COMMISSION E%PLR OLD n,0G22 (NAME PRINTED) le v�- o.�,.. ROBIN ESTANISLAU, u>rm CITY CLERK OF THE CITY OF HUNTINGTON BEACH LIDC NOTARY A9119 'UEn w ca,.,..�T>„�.mn A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY ITT THEA8l1R6L-TAX C7>LLEOTHDR'B CBiiFHC'ATE THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS STATE OF CALIFORNIA) CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY,OR VALIDITY OF )SS THAT DOCUMENT. COUNTY OF ORANGE ) STATE Y1F CALIFORNIA ) I HEREBY CERTIFY THAT ACCORDING 70 THE RECORDS OF MY OFFICE,THERE ARE NO q����� )SS LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID COUNTY OF 13V'"y.-_) STATE,COUNTY.MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS ��J1 I/ �1 �" TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET ON DCz�b�✓ IS, aZb aO BEFORE ME. X-U &A".5.n -- A PAYABLE. NOTARY PUBLIC,PERSONALLY APPEARED JA✓24 ,3 QCnf[SSC_ AND DD CERTIFY 70 THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(43' SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE WHOSE NAME(+ IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND ME THAT HE/SNE-/IHEY EXECUTED THE SAME IN HIS/H6t/THEIR AUTHORIZED COVERED BY THIS MAP. CAPACITY(IES%AND THAT BY HIS/NER/RHMR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(8),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED DATED THIS DAY OF 2020 THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA SHARH L FREIDENRICH BY: THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. COUNTY TREASURER- TAX COLLECTOR TREASURER-TAX COLLECTOR G4A�B891ON CBiIF1CATE, WITNESS MY HAND.) L URSULA LUNA-REYNOSA,SECRETARY TO THE PLANNING COMMISSION, OF THE CITY n1/n/ /1_d. _ OF HUNTNGTON BEACH,CALIFORNIA.DO HEREBY CERTIFY THAT 1 HAVE EXAMINED THIS SIGNATURE 7C'1 a1�1�d1A. MY PRINCIPAL PLACE OF BUSINESS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS NOTARY PUBLIC IN AND FOR IS IN Or�COUNTY FILED WITH,AMENDED AND APPROVED BY THE CITY OF MUNTNGTDN BEACH CITY SAID STATE PLANNING COMMISSION. TR.V nlq ysFY1 MY COMMISSION EXPIRES Od 11 p}y DATED THIS DAY OF SANJA�P-�I 2920 262.E MIL (NAME PRINTED) t v.reeuax lMA l.-1�� URSULA LUNA-REYNOSA E rrw�r.im SECRETARY TO THE PLANNING COMMISSION "'�"'�'^a"^• ` CITY OF HUNTINGTON BEACH SHEET 2 OF 3 SHEETS NUMBER OFLOTS: 1 NUMBERED TRACT NO. 18068 GROSS AREA:EA: 19,79,7 SOUARE FEET NET AREA: 18,445 SWARE FEET DATE OF SURVEY: FEBRUARY 12,2020 IN THE CITY OF HUNTINGTON BEACH, ALL OF TENTATIVE TRACT N0. 18068 COUNTY OF ORANGE, STATE OF CALIFORNIA a4W OF REW W44 BEING A SUBDIVISION OF LOTS 30, 31. 32,33.34.AND 35 IN BLOCK 403,MAP OF THE BEARINGS SHOWN HEREON ARE BASED HUNTINGTON BEACH,MAIN STREET SECTION, AS SHOWN ON A MAP FILED IN BOOK 3,PAGE 43 ON THE BEARING BETWEEN O.C.S. OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. HORIZONTAL CONTROL STATION GPS NO. 5019R1 AND STATION GPS NO.5022R1, OCS GPS/5022R1 BEING NORTH 373.06'WEST PER RECORDS NORTHING=2189999.25 FT. ON FILE IN THE OFFICE OF THE ORANGE FOR CONDOMINIUM PURPOSES EASTING =6029864.83 FT. COUNTYFIX2'BRASS CAP STAMPED TLOW SURVEYOR FEBRUARY, 2020 'CITY OF H B',DN 1.0'IN DA7LMSTA7BlB�T F WELL MONUMENT PER PM COORDINATES SHOWN ARE BASED ON THE JONES, CAHL & ASSOCIATES tl1 2017-127.PMB 393/7-9 (6[i CAUFORNIA COORDINATE SYSTEM(CCS83) DANIEL RUBIO P.L.S. 8239 ZONE N,1983 NAD,(2017.50 EPOCH OCS pJl GPS ADJUSTMENT). 33 ALL DISTANCES SHOWN ARE GROUND, MIANALME AVP,q,E UNLESS O7HERN18E NOTED. TO OBTAIN GRID GPS SCHEMATIC MAP DISTANCES MULTIPLY GROUND DISTANCES BY 0.99998049(PROJECT SPECIFIC).THIS - FACTOR IS BASED ON THE 2017.50 EPOCH OCS GPS ADJUSTMENT. _ _ PECAN AVENUE �ry M) I 111 / �I I Z ■ � al ■ W J J • I ¢ �I GRAPHIC SCALE (IN"m 0 SCALE 1'-20' nI LOT 1. caAloss AREA-is F.mot S -0.452 ACRES AET AREA-14445 SF.-0.423 ACRES (31 SEE SKEET 3 FOR D91E11SK N14 N 3I 0. 0 o nl C' z z m ml 6 y0' .4. ^R h I NOR719NSG 502987440.80 FT. I / EASTING - 6030008.69 FT. '\ \ FD. YIP WITH TAG STAMPED M 7 93 WELL OOVM r/ 0.75'PER PM 2017-127, ^ �✓ PB 393/7-9 SHEET 3 OF 3 SHEETS NUMBER OF LOTS: 1 NUMBERED TRACT N O. 18068 GRO55 AREA: 1 SWARE FEET NET AREA: 18,'4445 SWARE FEET DATE OF SURVEY: FEBRUARY 12,2020 IN THE CITY OF HUNTINGTON BEACH, ALL OF TENTATIVE TRACT N0. 18068 COUNTY OF ORANGE, STATE OF CALIFORNIA SFN ESTABLISHED BEING A SUBDIVISION OF LOTS 30,31,32,33.34.AND 35 IN BLOCK 403.MAP OF BY PRORATION HUNTINGTON BEACH,MAIN STREET SECTION, AS SHOWN ON A MAP FILED IN BOOK 3,PAGE 43 BETWEEN MAIN OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. STREET AND DANIEL RUBIO P.L.S. 8239 LAKE STREET PECAN AVENUE ER _ N89'37'11'W 332.87_(332.76'R2)(332.50'CALC.R1) 162.68' (162.50'CALC.R7) FOUND MAG SPIKE& 170.19'(1A0oo R1) w WASHER, STAMPED'CITY CALC. OF HB'PER R3,FLUSH FOUND GEARHEAD SPIKE AND WASHER,ILLEGIBLE m FOUND MAC SPIKE& PER R8,FLUSH m WASHER,STAMPED-CITY OF HB'PER R4,FLUSH �LAAE N89'3T11 W 117.66 117.50 R1 AfCAT VIAKITM LOTS 3 - •1 i ♦INDICATES OCS GPS HORIZONTAL w^ I CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF 1,>8 ESTABLISHED ••o,•, BY PRORATION $ THE ORANGE COUNTY SURVEYOR °eg ER R7 � • INDICATES FOUND MONUMENT AS NOTED =� r(llp7.5V '39'28'W 117.51 R1) O INDICATES SET LT&T SET IN CONCRETE SIDEWALK OR SET B'GEAR SPIKE AND 41 .� 110.58' WASHER IN ASPHALT STAMPED'P.LS. W A rc uj ', 2.50'STREET&PUBLIC -�•' 4.50'ALLEY& 8239 FLUSH. m UTU PUBLIC tt EASEMENT U71UTY EASEMENT A INDICATES SET LT&T IN CONCRETE n DEDICATION HEREON i% DEDICATION HEREON V-GUTTER STAMPED'P.LS.8239', n FLUSH. 2 MAP Z 50 n F- Q C,';- _ ESTABLISHED ' BEARING ()INDICATES RECORD DATA AS NOTED �T BY "•,Q\ PRORATION m W A BWW7M N BETWEEN MAIN STREET AND LAKE n Q -CENTERLINE N< u �-� STREET PER R1 TR. -TRACT M.M. -MISCELLANEOUS MAPS SFN -SEARCHED,FOUND NOTHING LT+T -LEAD,TACK AND TAG CALC. -CALCULATED LOT 1 ILIFG. -ILLEGIBLE Y Q' E--- $ FD. -FOUND (2ROSS AREA-19,701 SF.-0.452 ACRES M&R -MEASURED AND RECORD �z V~j =,- z A1l=T'4RE'4 1� •5$F Qq,2`3•4CqE`4 R • Cl 6-01 DS' R.37.W L.27.Or T.14.1R' ..I (a41RY3Y R-37.50' L.27.06'T.14.16'IRS) Q ''Q•� '� ..II v �I 2.50'STREET&PUBLIC m r Q N UTIUTY EASEMENT FOUND MAG SPIKE& 4 P.I. DEDICATION HEREON WASHER,STAMPED - CITY OF HB'PER R5, •••-V�'� %�! W NOM FLUSH H H A DILIGENT SEARCH FOR ALL 7.52'FIT CALC.) io on io RECORD MONUMENTS THE (7.512 AREA WAS PERFORMED TOASSIST IN BOUNDARYEST LINES OFING THi THEN*F3�NggD? z C SURVEY. ALL OF THE MONUMENTS THAT WERE FOUND ARE SHOWN .y\ trf 4*\ gT• fl HEREON (` /`ryp 0ryp'L • . • . .j/'�J ��C) 4.50' " ,50 9 rypb pry ��' k !r0 �Y;•, . r S ESTABLISHED>)S &lr r BY PRORATION �' �( ' ,mob SFN ESTABLISHED R1 (rr,�di.7Y'YC, �'pw BY INTERSECTION 2► �. 2k. O,. 42.A''Aya p �w,F e` P�� SFN $ O4' z 4 -Oa,, pRr ti'' n h• ♦ G�0� p y• FOUND MA G SPIKE& WASHER,STAMPED "CITY OF HB'PER R6,FLUSH \rikl 7.�• ry p It R7 \ yM1.(► 6^� tip BEARING ESTABLISHED '(' ■ jM h PARALLEL WITH MAIN STREET AND LAKE STREET PER R1 • iL \ ? LN: ,�S I FOUND P/K NAIL FITS POSITION OF SPIKE PER R2, GRAPH C SCALE ir, FOUND SPIKE FITS FLUSH 0 201 (IN FEET) w k POSITION OF SPIKE AND Jr� / RASHER'S 4955'PER Q FLUSH'�\ SCALE:I•.20' C�r SFN ESTABLISHED BY N BETWEENWEEK MAIN ` ? y STREET AND LAKE !V` FS •9j STREET PER R1 Rt- INDICATES RECORD DATA PER NAP OF HUNTINGTON BEACH, MAIN STREET SECTION M.M. 3/43 R2-INDICATES RECORD DATA PER TRACT NO.12268,M.M. !, ry,�b !� 593/27-2 K. R3-INDICATES RECORD DATA PER CORNER RECORD 2017-2249 rc,( .0 .Y`' ri,y R4-INDICATES RECORD DATA PER CORNER RECORD 2017-2248 R5-INDICATES RECORD DATA PER CORNER RECORD 2017-2247 R6-INDICATES RECORD DATA PER CORNER RECORD 2017-2246 � R7-INDICATES RECORD DATA PER CORNER RECORD 2008-2563 R8-INDICATES RECORD DATA PER CORNER RECORD 2DOB-2580 FOUND NAG NAIL,NO 9IFIff-M 861OLACNRYAK"S \*,'—FITS WASHER PER R7,FLUSH TESACCEPTED AS THERE ARE NO CONFLICTS WITH EXISTNG VISIBLE INTERSECTION IMPROVEMENTS AND THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER)OF THIS MAP AS ESTABLISHED HEREON. Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION January 24, 2018 Peter Zehnder HB Main L.P. 124 Tustin Ave., Ste. 200 Newport Beach, CA 92663 SUBJECT: TENTATIVE TRACT MAP NO. 180681 CONDITIONAL USE PERMIT NO. 17-0081 COASTAL DEVELOPMENT PERMIT NO. 17-0031 SPECIAL PERMIT NO. 17-001(MAIN STREET MIXED USE) APPLICANT/ PROPERTY OWNER: Peter Zehnder, HB Main L.P., 124 Tustin Ave., Ste. 200, Newport Beach, CA 92663 REQUEST: TTM: a subdivision map to consolidate six parcels into a 0.42 acre parcel for condominium purposes. The map includes right-of-way dedication along Main Street and a portion of the public alley between Main Street and Lake Street; CUPICDP: to permit 1) the construction of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, and a one-level subterranean parking structure consisting of 40 residential parking spaces on a 0.42 acre site and 2) to participate in the parking in-lieu fee program for nine commercial parking spaces; and SP: to permit a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. LOCATION: 414-424 Main Street (east side of Main St., between Orange Ave. and Pecan Ave.) COASTAL STATUS: NOW APPEALABLE DATE OF ACTION: January 23, 2018 On Tuesday, January 23, 2018 the Huntington Beach Planning Commission took action on your application, and your application was approved with findings and modified conditions of approval. Attached to this letter are the findings and conditions of approval. Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action:TTM 18068/CUP 17-008/CDP 17-003/SP 17-001 January 24,2018 Page 2 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. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period unless an appeal is filed to the City Council. 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, Eight Hundred Sixty-Five Dollars ($1,865.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Five Hundred Fifty-Two Dollars ($3,552.00) if the appeal is filed by any other party. The appeal shall be submitted to the City Clerk within ten (10) working days of the date of the Planning Commission's action. There is no fee for the appeal of a Coastal Development Permit to the California Coastal Commission. In your case, the last day for filing an appeal and paying the filing fee is Friday, February 2, 2018, at 5:00 PM. This project is in the non-appealable portion of the coastal zone. Action taken by the Planning Commission may be appealed directly to the Coastal Commission only if Title 14, Section 13573 of the California Administrative Code is applicable. Section 13573(a)(3) states that an appeal may be filed directly with the Coastal Commission if the appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this article. If the above condition exists, an aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to: South Coast Area Office California Coastal Commission 200 Oceangate, 10th Floor Long Beach, CA 90802-4302 Attn: Teresa Henry (562) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review. Applicants are advised not to begin construction prior to that date. 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 to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this 549 Notice of Action:TTM 18068/CUP 17-008/CDP 17-003/SP 17-001 January 24,2018 Page 3 Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Joanna Cortez, the project planner, at (714) 374-1547 or via email at Joanna.Cortez(c)-surfcity-hb.org, or the Community Development Department at (714) 536- 5271. Sincerely, Jane James, Secretary Planning Commission By: Jah4 Jamek4 Acting Director of Community Development JJ:JC:kd Attachment: Findings and Conditions of Approval —TTM 18068/ CUP 17-008/CDP 17-003/SP 17-001 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Jane James, Acting Director of Community Development Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Joanna Cortez, Acting Associate Planner Property Owner Project File 550 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 18068 CONDITIONAL USE PERMIT NO. 17-008 COASTAL DEVELOPMENT PERMIT NO. 17-003 SPECIAL PERMIT NO. 17-001 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission determines that the proposed project is covered by Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The request to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes and development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; request to participate in the parking in-lieu fee program for nine commercial parking spaces; and request to permit a 2.52 ft. average setback on the third floor in lieu of a minimum average setback of 10 ft. is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. The project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for projects in conformity with that specific plan. The project is consistent with the Downtown Specific Plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Downtown Specific Plan project (EIR No. 08-01) and the project is conditioned to comply with all applicable EIR No. 08-1 mitigation measures. In light of the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 18068: 1. Tentative Tract Map No. 18068 to consolidate six parcels into an approximately 0.42 net acre lot for condominium purposes is consistent with the requirements of the Downtown Specific Plan. The proposed subdivision is also consistent with the General Plan Land Use Element designation of Mixed-Use — Specific Plan Overlay - 30-50 dwelling units per acre, as proposed on the subject property, or other applicable provisions of this code. 2. The site is physically suitable for the type and density of development. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the code. The project site is able to accommodate the type of development proposed. The proposed subdivision will result in a density of 47 units per acre, which is below the allowable density of 50 units per acre of the Mixed-Use — Specific Plan Overlay - 30-50 dwelling units per acre land use designation. The proposed density would be compatible with surrounding mixed-use 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 G:PCN0A1181TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.1 551 wildlife or their habitat. The project site is surrounded by residential and commercial development as well as paved roads. It is geographically isolated from any natural open space in the vicinity and 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 17-008: 1. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, 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 improve the existing underutilized parcel of land with a development consistent with the General Plan land use and zoning designations. The project is located in the downtown core area (District 1), which promotes visitor-serving commercial developments. The project has been evaluated for compatibility with the surrounding neighborhood and will be designed on a pedestrian scale and character, will meet the goals and policies of the General Plan. Additionally, the proposed mixed-use is similar to those existing uses in the vicinity. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. Due to additional setbacks throughout the site, the project will be consistent in massing and scale to adjacent commercial and residential uses, many of which are up to three stories tall. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by taking vehicular access from the rear public alley, hence minimizing the visibility of subterranean parking garage entrance and ground level parking spaces from the street. The project complies with residential parking requirements and partially complies with commercial parking requirements and is therefore requesting to pay parking in-lieu fees for the nine commercial parking spaces that are deficient, as allowed by the DTSP subject to approval by Conditional Use Permit. Although it does not fulfill the project's on-site parking requirement, the applicant is replacing two parallel on-street parking spaces fronting the site, along Main Street, with nine angled on- street parking spaces. The addition of the on-street parking directly in front the development will provide additional parking for commercial visitors. 2. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, will be compatible with surrounding uses in terms of setbacks, private and public open space, building height, and landscaping. The subject site is entirely surrounded by similar commercial and residential uses to the north, west, and south with residential to the east. The proposed building will be compatible with existing development at similar heights and massing and incorporate a more contemporary architectural theme in the area that includes flat roofs, tower elements, large window glazing systems, and metal awnings, providing visual interest and a quality design to the streetscape. Wall offsets on the building facade and decorative features to reduce the massing of the building combined G:PCINOA1181TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.2 552 with decorative paving at the site entry will create visual interest from the frontage along Main Street. The project is designed to be compatible with the Downtown Design Guidelines. 3. Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, complies with all provisions of the Downtown Specific Plan and applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Ordinance. The project complies with the development standards in terms of setbacks, private and public open space, building height, and landscaping. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. The project complies with residential parking requirements and partially complies with commercial parking requirements and is therefore requesting to pay parking in-lieu fees for the nine commercial parking spaces that are deficient, as allowed by the DTSP subject to approval by Conditional Use Permit. Although it does not fulfill the project's on- site parking requirement, the applicant is replacing two parallel on-street parking spaces fronting the site, along Main Street, and with nine angled on-street parking spaces. The addition of the on-street parking directly in front the development will provide additional parking for commercial visitors. 4. The granting of Conditional Use Permit No. 17-008 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), one-level subterranean parking structure; and request to participate in the parking in-lieu fee program for nine commercial parking spaces, will not adversely affect the General Plan. It is consistent with the General Plan Land Use Map designation on the subject property is M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay — 30-50 dwelling units/acre) and the zoning designation is SP5—CZ—District 1 (Downtown Specific Plan — Coastal Zone Overlay— Downtown Core). The proposed project will implement both the General Plan and specific plan designations of the site. The proposed project is consistent with the intent of these designations, and the goals and policies of the City's General Plan as follows: A. Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policies LU-IA: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policies LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Goal LU-7: Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. G:PC\NOA\18\TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.3 553 Policies LU-7A Preserve unique neighborhoods, corridors, and subareas, and continue to use specific plans to distinguish districts and neighborhoods by character and appearance. Policies LU-7B Use street trees, signage, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identity of subareas, neighborhoods, corridors, nodes, and public spaces. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policies LU-1IA: Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. The proposed project is consistent with the land use designation which allows for mixed-use at the subject site. The proposed architectural style and site layout of the mixed-use project is consistent with the proportion, scale, and character of the existing development in the area, which also includes similar mixed-use projects. The development will improve an underutilized site and the condominium units will provide an opportunity for ownership. The proposed project will provide a wide arrange and diversity of commercial uses and cater to the needs of local residents and residents in the surrounding region. The project will provide additional commercial uses that will encourage tourism to the site and the surrounding area. The project will facilitate employment opportunities and will not impact the subject site and surrounding area. The design of the project as approved by the Design Review Board promotes the development of a commercial building that conveys a high- quality visual image and character that is intended to expand the existing development pattern of Downtown Huntington Beach. The project's open space incorporates enhanced hardscape and landscape materials consistent with the DTSP Design Guidelines. B. Housinq Element Policy 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 6.1: Implement the City's Green Building Program to ensure new development is energy and water efficient. The project consists of 20 condominium units, which adds to the City's housing stock. The development request as proposed is consistent with the intent of the policies within the Housing Element because it will add to the City's housing stock and create new opportunities for purchase in the Downtown area. The project is required to pay affordable housing in-lieu fees which will go towards the provision of housing for lower to moderate income households. As such, the project will contribute to the City's overall housing goals. Furthermore, green building practices for the construction are proposed such as construction waste diverted from landfill, drought tolerant planting, and high-efficiency irrigation system. The units will also include energy efficient windows, energy efficient roof, and high efficacy lighting. G: PCINOA1181TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.4 554 A. Coastal Element Policy C 1.1.4: Where feasible, locate visitor-serving commercial uses in existing developed areas or at selected points of attraction for visitors. Goal C 3: Provide a variety of recreational and visitor commercial serving uses for a range of cost and market preferences. Policy C 3.2.4: Encourage the provision of a variety of visitor-serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed project would incorporate visitor-serving commercial uses on the ground floor and residential uses on the upper floor. The mix of uses complements the urban downtown environment by integrating commercial services for the subject and nearby residential uses. The project site is located near established points of attraction, including the Huntington Beach Municipal Pier, and is intended to reinforce the vicinity as a major visitor-serving district. FINDINGS FOR APPROVAL—COASTAL DEVELOPMENT PERMIT NO. 17-003: 1. Coastal Development Permit No. 17-003 for the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure conforms to the General Plan, including the Local Coastal Program. The proposed project would continue to provide commercial and residential uses in an established, urban, downtown core area and will serve surrounding uses in the vicinity. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. The proposed project would develop visitor-serving commercial uses in the City's downtown core area near other established points of attraction, including the Huntington Beach Municipal Pier; and is intended to reinforce the vicinity as a major visitor-serving district. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed project, the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure, as conditioned, complies with applicable development regulations, including setbacks, private and public open space, building height, and landscaping. It is also consistent with the design guidelines, and is compatible with the scale and transition of surrounding development. 3. At the time of occupancy, the proposed development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. In addition, the project provides the necessary public improvements such as dedications, curb, gutters, and sidewalks. G: PCINQA118MM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.5 555 4. The development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), and one-level subterranean parking structure conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City's General Plan, Coastal Element, and Downtown Specific Plan. FINDINGS FOR APPROVAL—SPECIAL PERMIT NO. 17-001: 1. The granting of Special Permit No. 17-001 (pursuant to Section 4.1.02 of the DTSP) in conjunction with: Tentative Tract Map No. 18086 to subdivide an approximately 0.42 net acre lot for condominium purposes and Conditional Use Permit No. 17-008/ Coastal Development Permit No. 17-003 to permit the development of a four-story mixed-use project consisting of 5,000 sq. ft. of retail, 20 residential units (condos), six on-site commercial parking spaces, a one-level subterranean parking structure; and to participate in the parking in-lieu fee program for nine commercial parking spaces, is for a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of loft. This Special Permit results in a greater benefit from the project and will promote a better living environment because it allows for a larger common open space in the form of a deck on the fourth floor that is partially open to the sky. Additionally, due to the bend on Main Street and the fact that the south west portion of the building is setback, the project provides a larger than required public open space that is open to the sky. This also allows residents to maximize their views on their decks. 2. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. for a will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design due to the fact that the proposed building is designed to contrast with the surrounding buildings by providing a more contemporary architectural theme that includes flat roofs, tower elements, large window glazing systems, and metal awnings. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the"human scale" element that separates the first floor from second floor. Building volumes are articulated with variation in wall plane to reduce building massing and provide a larger public open space. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. Although the project is requesting a deviation for upper story setback requirements along the third floor, it ' balancing the setback deficiency on the third floor along the front. 3. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. will not be detrimental to the general health, welfare, safety, and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. Even though the project is requesting a deviation for upper story setback requirements along the third floor, it provides significant setbacks and offsets along the rear and the south side yard setback balancing the setback deficiency along the front. The request will result in a project that has less building mass, more G: PCINOA1181TTM 18068-CUP 17-008-CDP 17-D03_SP 17-001 (Main St Mixed Use) Attachment 1.6 556 building articulation, and increased common and public open space. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials 4. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft. will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The special permit would allow for a mixed-use project with unique and quality architecture that includes a more contemporary architectural theme consisting of flat roofs, tower elements, large window glazing systems, and metal awnings. The building incorporates architectural and design principles to orient the building to the pedestrian environment with primarily glass facade to provide the "human scale" element that separates the first floor from second floor. Building volumes are articulated with variation in wall plane to reduce building massing and provide a larger public open space. The building facades incorporate a variety of building materials to provide visual interest, including smooth stucco, wood siding, concrete veneer, and glass tiles that enhance the paseo. In order to comply with the upper story requirement along the third floor, the building would lose many of its unique architectural features along the front of the building in order to come closer to the street, thereby, reducing the public and common open space and resulting in a flatter design with no articulation. 5. The granting of Special Permit No. 17-001 to allow a 2.52 ft. average setback on the third floor, along Main Street, in lieu of a minimum average setback of 10 ft, will be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act as well as comply with State and Federal Law. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 18068: 1. The Tentative Tract Map No. 18068 received and dated July 7, 2017, shall be the approved layout except as amended per the conditions stated herein. 2. Prior to submittal of the final tract and at least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Community Development Department and approved by the City Attorney. The CC&Rs shall identify the common driveway access easements, and maintenance of all walls, and common landscape and parking areas by the Homeowners' Association, as well as a parking management plan to ensure the ongoing control of availability of on-site residential guest parking and commercial parking including but not limited to: restricting subterranean garage and tandem spaces to not be converted to living quarters, workshops, or storage that will preclude the parking of two vehicles, all open parking spaces within the project shall be unassigned and available for visitors and guests; no boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational vehicle or any non-operating vehicle shall be parked or stored in any parking spaces; and towing of any vehicles violating the restrictions within the CC&Rs. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 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 G: PCINOA1181TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.7 557 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 Community Development Department. 4. Prior to issuance of Building Permits, the applicant shall satisfy the minimum ten percent Inclusionary Affordable Housing requirement by either providing the units on site via an approved Affordable Housing Agreement or paying the applicable in-lieu fee. 5. Comply with all applicable Conditional Use Permit No. 17-008, Coastal Development No. 17-003, and Special Permit No. 17-001 conditions of approval. 6. Comply with all mitigation measures adopted for the project in conjunction with EIR No. 08- 1. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 17-008/ COASTAL DEVELOPMENT NO. 17-003/SPECIAL PERMIT NO. 17-001: 1. The site plan, floor plan, and elevations received and dated November 06, 2017, shall be the conceptually approved design with the following modification: Window alignment shall be avoided to preserve the privacy between the residences within the project and the single family dwellings to the east. if windows need to align, the windows shall be opaque glass or a similar material. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval, EIR No. 08-1 mitigation measures, and Code Requirements letter dated January 17, 2018 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. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new units. c. The property owner shall submit a draft In-Lieu Parking Fee Participation Agreement to the Office of Business Development. The Agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721). 3. Prior to issuance of a grading permit, the following shall be completed: If tie-backs or other method of horizontal anchoring systems is proposed for construction of any temporary and/or permanent earth retaining structure that would encroach within the public right-of- way, it shall meet the "Subterranean Development" section of the DTSP Section 3.2.11. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. Contact the United States Postal Service for approval of mailbox location(s). G: PCINOA\181TfM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.8 558 b. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects 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. c. A public art element, approved by the Design Review Board, Community Development Director, and the Cultural Services Supervisor, shall be depicted on the plans. Public art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society). d. The Developer shall provide a Landscape Maintenance License Agreement to address the continuing maintenance and liability for all landscaping, irrigation, furniture and hardscape along the Main Street and alley Rights-of-Way. The agreement shall describe all aspects of maintenance such as enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree or palm replacement and any other aspect of maintenance that is warranted by the development plan improvements proposed. The agreement shall state that the property ownership shall be responsible for all costs associated with maintenance, repair, replacement, liability andfees. (PW) 5. 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. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. 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. d. Parkland dedication in-lieu fees (Quimby Fees) shall be paid to the Community Development Department. e. The applicant shall install a duel Knox-Box on the property to allow access to police officers and firefighters. (PD) f. In order to address visibility and safety within the subterranean garage, the interior of the garage shall be painted white to reflect light. Additional lighting shall be placed in every corner and the area between the vehicles along with surveillance cameras. (PD) g. A copy of the recorded In-Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Community Development Department, G: PC\NOA1181TTM 18068-CUP 17-008-CDP 17-003_SP 17-001 (Main St Mixed Use) Attachment 1.9 559 6. Comply with all applicable mitigation measure contained in Environmental Impact Report No. 08-01 for the Downtown Specific Plan. 7. Signage shall be reviewed under separate permits and applicable processing. 8. 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. 9. Conditional Use Permit No. 17-008, Coastal Development Permit No. 17-003, and Special Permit No. 17-001 shall become null and void unless exercised within two years of the date of final approval by the City Council, or such extension of time, as granted by the Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 10. The Development Services Departments (Community Development, Fire, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development 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 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. 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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INCITY OF NUNTNGTW REACH SHALL BE NSTALLFD TO T1[ \ SATSFACTON OF TR CITY K INSTAL / TENTATIVE TRACT MAP NO.WIN BA515 a BEARINGS: NOO'46'O'YW 261.70' (R2) FOR CONDOMINIUM HUNTI PURPOSES TO PECAN AVENUE �, / IN THE CITY E: HUNT5,2017 BEACH •�a�y DATES JULY 5,2017 BOUNDARY MAP SHEET 2 OF 4 Nn DAR nFsarnaN er +' ATTACHMENT NO.1.17 �-=_! TENTATIVE TRACT MAP NO. 18068 1n• o S' 10' 20' FOR CONDOMINIUM PURPOSES „ �aAPxrCSc— 1 .1n CONCEPTUAL GRADING PLAN - FIRST FLOOR 1oN6S,®AMOMTES e�n99 /�. IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,,STATE OF CALIFORNIA aqss � F, A 9{ Joa Ip.: 12i6 2� 4 � _ N00•!5.16'W P2B r Qapf ,y°9� V`\v``vV`' a.x.tIx ontE sQry� GI R.FE 91=EW.9/W/17 ALLEY ► — de ._.—.—. _. .� \ a ` / LEGEND: it a `— E _ _ _ _ �x T pl �J—qq \ � �'�:oi !I � �yF• 6� :wcx a w•�ur Pd�mx �OQ1At f R RM„ �I _ 'vwo sorts� � �" b�)1E)ES s•\ i � N 6'.c � GN -GdE]EIENSYM � r o _�\ x9on a a -�> a WRasEcncW ® 8 / CaR DER x max -_.� ———_ —9Ror�w• —_R———————— ��B^�ur J — — p� N aw rGW \+@ :� Y�a � � F�o�P�HYTxr ,ri,xsoaY v,vm wr-r>taaf a, n mV- C / M tFVf nNl � GI� ® � ,,..oEr r ti,� R rww w ,,,,•n ..,.,nv on.,,��..,n oe,¢v�� N�t� �� �I� � � e � � � I o �• t � s a :G„a aA n� �ta; ',��a ;3 Cit 9y PoKR FNL � K � s,,.e$ � V G5� , �,��` J\°,] � r � 9w .4IIw Y•Nmf 8ttM7 CF 6EA/�1t]B: x wr-rsaw V, g —"� era.= mot,-, ,RAC 5 �9 ;Y xI�mf vaK s tee.w �.w�ia�vux n9,s.wsn.Rn.vwoAal crrsnlc for u9E ; Rst¢uw / 6� �sis eiJ6wnic Ael l � �� � �" m•s r/z � 1j ��10. FLOW20NE `"� u •� — 1�/I � ,I �• O x \ wvnan wuv nemnu, m r wrsor nc¢u P. AlRavwr� vrt['m[wx wmsn 'pu, _lse£ ri]n� y�e,• �e �;jl %s s=c'tean R / llff;Z &.*IBM¢�v��'r- v Vnuke Aq auawt oawx I I VCR PLOW 77iR71A yPLAM99NKb4MW � A xt N � I I,� � y�1� s.rrrnw aswrr aaw ¢n o wr,wrv,wr A N N 5 44 �, �cnrx rw¢rmn swxar rx•wu®, Rn� S - b� '4 6 •^ Ids / � •n 1 R n12 MAIN S —^BASIS OF BEARINGS: N00'I6'OYW 281.76 (R2) ' ro PECAN AVENUE - TENTATIVE TRACT MAP NO.18068 p21. FOR CONDOMINIUM PURPOSES °Or��\ ..,,¢sr�..r¢ $ -0Qf09•'m°1�1}1pERpR°^ IN THE CITY OF HUNTINGTON BEACH FLOW 7HIFICI //f lN/RI DATE:JULY 5.2017 r'4°f Mr CONCEPTUAL GRADING PLAN-FIRST FLOOR \ x SHEET 3 OF 4 oA¢ ncnteR9rox er \ ATTACHMENT NO.1.18 �=.ft t) TENTATIVE TRACT MAP NO. 18068 fimmm 5• ml 20' FOR CONDOMINIUM PURPOSES CONCEPTUAL GRADING PLAN - BASEMENT 10NMCAH®TTS Nawnoo gyp. IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA �yd R A .��'1J1�1111 •P'+U V/ AB,p.:i6-2�Rf 4 - •Ys° �jj WSW Y 2 J`/ F+i� R _-_ A' X N00'45'18"W 8 . aTf •9`+ RN.CNA x.n — — _ LEGEND: a i— — i — - •—•—A — — T N00'45'1= !-fl[I . ®_—s 6SZ—�'�Q• ",l.•c\ L\• C� Y�R x�v d°• -0 Z / wQNv[.i Cex""-.af�feLo+•dox2i 9dxIrN ve rtdrx W¢xx 2r R4Clgl A� �' N045'16"W_`4j 25 nfc® B ® = vm\ rxc x.a.m.-u.-am s dsid $ II I I II I I I S r 11 • �� °r a R" vamr ar r. sd,a us4 re _ ..II U• h n � � ��yy+ W I � f`Sp %'�, - • a •ssessas v,vw,ueix o+.iw ao• %f a C� _�I 9• d M sl 2EA,uMraF &I�CF gANW9:I M 1 I �j ¢/ \ �. • # sf� .sxenr{� R -rtDdWx o ®V// R. W MITI,Y.1LN ..II x msrrw mswl � I / ---_ � d •, fa crt A N rcsa�.�N+rc x rx.,a w,�a�m sri ri u� 46 W S T 00 P ax ri eu — ® •r fool n)-wry o e•e-surlj R: R �°' , � �U`h11M swrnxw mresr..cnswnrm u`iaau�enzw •_ _ 8 yL y,Q.77 _ � � � �. 4• ®� x,r nrowx. oa xaw.rx uxr •M 4 9 E, a9�45-�� •&� R J'9 E F xM ssae / / ) wms•a,sxs:x�e soem sr-au+.sarcs Li F soar wx, S' R yj{>I / N • u.as-e_y�pe. wnwN sraysro� vumxo s �� � ..nxxa smvxo § "I , R A s. art�s aaaexnr veu„ n Li , F � � / ® e.xu axsxsaxs Aes xwxdnx.rz. I ILL .M /� snnd.cna d•mf att Bxaxrm�o MAW S EET� ,...«c —�6A515 fK BEARINGS: NOD WWW 251.70' (R2) qMe /31- TENTATIVE TRACT MAP NO.18068 TO PECAN AVENUE FOR CONDOMINIUM PURPOSES IN THE Cr Y OF HUNTINGTON BEACH DATE:JULY 5,2017 '2p\ CONCEPTUAL GRADING PLAN-BASEMENT SHEET 4 OF 4 \ R / ow¢ ocsanvnw er ATTACHMENT NO.1.19 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRACT NO. 18068 Agreement Date: February 1 , 2021 Subdivider Name: C3 DLG 414 Main Street, LLC ("Subdivider) Subdivision Name/Tract No.: 18068 ("Subdivision") Tentative Map No.: 18068 (Approval Date: 02/20/2018 ) (Tentative Map") Improvement Plans Approved On: February 1, 2021 ("Improvement Plans") Estimated Total Cost of Improvements: $194,174.05 Estimated Total Cost of Monumentation: $4,025.00 Security: Bond Nos.: PB02497501239& PB02497501240 Surety: Philadelphia Indemnity Insurance Company - OR- Irrevocable Standby Letter of Credit No.: Financial Institution: - OR- Cash/Certificate of Deposit,Agreement Dated: Financial Institution: Insurance: Commercial General Liability No.: Colony Insurance Company#101 GL 0178336-00 Commercial Business Automobile No.: N/A Worker's Compensation and Employer's Liability No.: N/A 1 18-6522/188607/SFF Designees for the Service of Written Notice: City: Public Works Director Tel.: 714-536-5431 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 Subdivider: C3 DLG 414 Main Street LLC Tel.: 949.445.1016 1024 Bayside Drive, Suite 365 Newport Beach, CA 92660 Tel.: THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is entered into this 1st day of February 2 021 , by and between the City of Huntington Beach, a municipal corporation of the State of California, ("City") and C3 DLG 414 Main Street LLC a California limited liability company hereinafter ("Subdivider"). RECITALS A. The Subdivider has requested the City approve and record a final map of the Subdivision pursuant to the Subdivision Map Act of the State of California and the Huntington Beach Zoning and Subdivision Ordinance relating to subdivision maps (collectively "Subdivision Laws"). 2 18-6522/188607/SFF B. As a condition of the approval of and prior to the recordation of the Subdivision, Subdivider is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the Subdivision; and C. Subdivider desires to enter into an agreement with City to delay performance of certain portions of the Improvements; to agree to perform the Improvements 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 the Huntington Beach Zoning and Subdivision Ordinance (the"HBZSO"). D. Subdivider has prepared, and the City Engineer has approved, Improvement Plans for the completion of certain improvements in connection with the Subdivision. The Improvement Plans are on file in the Department of Public Works and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans include by reference any standard specifications for the construction and installation of improvements as approved by the City Engineer in effect on the date of approval of the Tentative Map. E. An estimate of the cost of construction of the Public Improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated at Exhibit A of this Agreement. F. As consideration for the approval and recordation by the City Engineer of the final map of the Subdivision, Subdivider desires to enter into this secured Agreement, whereby 3 18-6522/188607/SFF Subdivider promises to complete, at its expense, all of the Public Improvements required by the Tentative Map as reflected in the Improvement Plans. G. Subdivider recognizes that by approval of the final map for Subdivision, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the Subdivision. As a result, City will be damaged to the extent of the cost of installation of the Improvements by Subdivider's failure to perform its obligations to commence construction of the Improvements by the time established in this Agreement. The City shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of default by Subdivider. The Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 1. Subdivider's Obligation to Construct Public Improvements. Subdivider shall: a. Comply with all requirements of the Tentative Map and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete, at Subdivider's own expense, all of the Public Improvements required by the Tentative map in conformance with the Improvement Plans and all applicable standard specifications in effect on the date of the City's approval of the Tentative Map in conformance with the Improvement Plans and the applicable standard specifications in effect on the date of the City's approval of the Approved Tentative Map (the "Public Improvements"). 4 18-6522/188607/SFF C. Furnish all materials necessary to complete the Public Improvements in conformity with the Improvement Plans and all applicable standard specifications in effect on the date of the City's approval of the Tentative Map. d. Acquire and dedicate to the City all rights-of-way, easements, and other interests in real property for the construction and installation of the Public Improvements, or pay the cost of acquisition incurred by the City. All real property interests dedicated by the Subdivider to the City shall be free and clear of liens and encumbrances at the time of dedication. Subdivider shall remove all liens and encumbrances at its sole expense prior to dedication to the City and warrant such clear title at Subdivider's sole expense. The Tentative Map for the Subdivision shall set forth the Subdivider's obligations with regard to any acquisition by City of off-site interests in real property. Subdivider shall also be responsible for obtaining any public or private utility easements or authorization to accommodate the Subdivision. e. Commence construction of the Public Improvements by the time established in Section 20 of this Agreement and complete the Public Improvements within twenty-four (24) months following the date of this Agreement or as specified in any time extension granted by the City Engineer pursuant to Section 255.20 of the HBZSO. The Public Improvements are deemed completed when the City Engineer accepts them as provided in Section 13 and HBZSO Section 255.22 by recordation of a "Notice of Acceptance of Public Improvements." f. Install all subdivision public monuments required by law prior to recordation of the Notice of Acceptance of Public Improvements. Subdivider shall install all subdivision boundary and individual property monuments within the time specified in the Engineer's Statement on the approved Final Map for the Subdivision. 5 18-6522/188607/SFF g. Comply with all of the requirements in the special provisions attached hereto and incorporated herein by reference as Exhibit"B." 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Public Improvements contemplated by this Agreement will be constructed on land not owned by Subdivider,the Subdivider shall not commence construction before: a. The Subdivider makes an irrevocable offer of dedication to the City of appropriate rights-of-way, easements or other interests in real property, and obtains appropriate authorization from the property owner to allow construction of the improvements or work, or b. The Subdivider dedicates to, and the City accepts, the appropriate rights- of-way, easements or other interests in real property,as determined by the City Engineer, or C. The issuance to the City by a court of competent jurisdiction an order of possession. Subdivider shall comply with the order of possession. Nothing in this Section 2 shall be construed as granting an extension of time to Subdivider. 3. Security. Upon executing this Agreement, Subdivider shall furnish to the City security for the purposes, in the amounts, and under the conditions that follow: a) Type and Amounts. (1) Performance Security. To assure the Subdivider's faithful performance of this Agreement to complete the public improvements in an amount of one hundred percent (100%) of the estimated cost of the Public Improvements. With this security, Subdivider guarantees performance under this Agreement and maintenance of the landscaping for one (1) year after its completion and acceptance. 6 18-6522/188607/SFF (2) Payment Security. To secure Subdivider's payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials for completion of the Public Improvements in the amount of fifty percent (50%) of the estimated cost of the Improvements. (3) Warranty Security. To warranty the Subdivider's work for a period of one (1) year following recordation of the Notice of Acceptance against any defective work, labor done, or defective materials furnished in the additional amount of not less than ten percent (10%) of the estimated cost of the Public Improvements. (4) Monument Security. To secure the Subdivider setting the subdivision monuments as stated in Section Lf above within the period of time specified in the Engineer's Statement on the approved Final Map for the Subdivision in the additional amount of one hundred percent(100%)of the estimated cost of setting those monuments. b) Conditions. (1) The Subdivider shall provide the required security on forms approved by the City and from sureties authorized by the California Insurance Commissioner to transact the business of insurance. (2) The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference. (3) A condition of the Subdivider's security is that any changes not exceeding ten percent (10%) of the original estimated cost of the Public Improvements shall not relieve the security. In the event that changes to the Improvement Plans cause an increase of more than ten percent (10%) over the original estimated cost of the Public Improvements, 7 18-6522/188607/SFF Subdivider shall provide security as required by Section 3(a) of the Agreement for 100% of the total estimated cost of the Public Improvements as changed. (4) Notwithstanding Subsection b(3) above, Subdivider's security shall compensate the City for the actual cost of completing the required Public Improvements in the event of default by the Subdivider in the performance of this Agreement, regardless of whether the City's cost of completion exceeds the estimated total cost of the Public Improvements. (5) A condition of the Subdivider's security is that any request by the Subdivider for an extension of time for the commencement or completion of the work under this Agreement may be granted by the City without notice to Subdivider's surety and such extensions shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. (6) As a condition of granting any extension for the commencement or completion of the work under this Agreement, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. (7) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed to be a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City. 8 18-6522/188607/SFF 4. Alterations to Improvement Plans. a. The City and Subdivider may mutually agree upon changes to the Improvement Plans subject to the security requirements in Section 4 herein. b. The Subdivider shall construct the improvements in accordance with the City standards in effect at the time of adoption of the Tentative Map. City reserves the right to protect the public safety or welfare, and comply with applicable Federal or State law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Public Improvements, City may apply the standards in effect at the time of the extension. 5. Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Public Improvements by City inspectors and to the shops and facilities wherein any work is in preparation. Upon completion of the Public Improvements, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. The City Engineer shall not execute or record the Notice of Acceptance of the Public Improvement unless the Subdivider has completed all aspects of the work in accordance with the Improvement Plans. When applicable law requires an inspection at a particular stage of construction of the Public Improvements, Subdivider shall not proceed with additional work until the inspection has been made and the work approved. 6. Release of Securities. The City shall release the securities required by this Agreement as follows: a) Performance Security. The City shall release the Performance Security upon recordation of the Notice of Acceptance or as may otherwise be authorized in accordance with Government Code section 66499.7. 9 18-6522/188607/SFF b) Payment Security. The City shall release the Payment Security in accordance with Government Code section 66499.7. c) Warranty Security. The City shall release the Warranty Security upon expiration of the warranty period and settlement of any claims filed during the warranty period. d) Retention of Security. The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utility Facilities. Until recordation of the Notice of Acceptance of the public improvements, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Public Improvements. Subdivider shall replace or repair all Public Improvements, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance of the Public Improvements. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Public Improvements prior to recordation of the Notice of Acceptance of the Public Improvements. 8. Permits. Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Public Improvements. The Subdivider shall also give all necessary notices and pay all fees and taxes required by law. 10 18-6522/188607/SFF 9. Defaults by Subdivider. a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely commence construction of Public Improvements under this Agreement; (2) Subdivider's failure to timely complete construction of the Public Improvements; (3) Subdivider's failure to timely cure any defect in the Public Improvements; (4) Subdivider's failure to perform substantial construction work for a period of 20 consecutive calendar days after commencement of the work; (5) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days; (6) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) Subdivider's failure to perform any other obligation under this Agreement. b) The City reserves all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the Public Improvements and, 11 18-6522/188607/SFF therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required Public Improvements. The City may use the sums provided by the securities for the completion of the Public Improvements in accordance with the Improvement. In the event Subdivider fails to cure any default under this Agreement within twenty (20) days after the City mails written notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. c) City may complete the Public Improvements, by contract or by any other method City deems appropriate, at the expense of Subdivider. In such event, City, without liability for so doing, may complete the Public Improvements using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Public Improvements. d) The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file and record a Notice of Violation pursuant to Government Code Section 66499.36 against all the lots in the Subdivision, to invoke all the remediation available to the City under Government Code Section 66499.33-66499.36 or to rescind or otherwise revert the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City. The remedy provided by this Subsection c is in addition to all other remedies available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of City. 12 18-6522/188607/SFF e) In the event the Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs. f) The failure of City to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider. 10. Warranty. Subdivider warrants the Public Improvements for a period of one (1) year after recordation of the Notice of Acceptance against any defective work or labor or defective materials. If, within the warranty period, any Public Improvement in whole or in part fails to fulfill any of the requirements of this Agreement, Subdivider shall cure such defect without delay and without cost to the City. Should Subdivider fail to cure any defect or commence diligently curing a defect within twenty (20) days after the City mails Subdivider and its surety written notice of a default under this provision, Subdivider authorizes the City, at City's option, to cure the defect and agrees to pay the cost of such work by City. Should the City determine that the public health or safety requires curing any defect before Subdivider can be notified or adequately respond, City may, in its sole discretion, perform such work as is reasonably necessary to protect public health or safety, and Subdivider shall pay to City the cost of such work. 11 Environmental Warranty. a. Prior to the acceptance of any dedications or Public Improvements by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit"C," attached hereto and incorporated herein by reference. 13 18-6522/188607/SFF b. Subdivider shall give prompt written notice to City of: (1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (2) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and (3) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended,transferability or suit under any environmental law. 12. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance of the Public Improvements, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Public Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Final Acceptance, Subdivider shall provide 48 hours advance written notice to all neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities. 13. Final Acceptance of Public Improvement. The City Engineer shall make a certification of completion and acceptance of the Public Improvements by recordation of a Notice of Acceptance on behalf of the City after final completion and inspection of all 14 18-6522/188607/SFF improvements, as provided in Section 5. The recordation of the Notice of Acceptance shall not constitute a waiver of defects by the City. 14. Plant-Establishment Work. Notwithstanding Section 13, 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 Public Improvements as complete. 15. Indemnification. Defense. Hold Harmless. a. 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. 15 18-6522/188607/SFF b. 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 the Public Improvement or the Subdivision, or has insurance or other indemnification covering any of these matters. C. After recordation of the Notice of Acceptance of the Public Improvements, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance of the Public Improvements by the City. It is the intent of this Section that Subdivider shall be responsible for all liability for design and construction of the Public Improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph. d. Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, and other professionals incurred by City in enforcing this Section. 16. Insurance. a. In addition to Subdivider's covenant to defend, hold harmless and indemnify City, Subdivider shall obtain and furnish to City a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify Subdivider, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than 16 18-6522/188607/SFF 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 an insurance 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 that may be applicable to this Agreement shall be deemed excess coverage and that Subdivider's insurance shall be primary. b. 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. C. Prior to commencing performance of the work hereunder, Subdivider shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1) provide the name and policy number of each carrier and policy; 2) state that the policy is currently in force; and 3) promise to provide that such policy will not be canceled or modified without thirty (30) days'prior written notice of City. Subdivider shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Subdivider's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representatives shall at all times have the right to demand the original or a 17 18-6522/188607/SFF copy of the policy of insurance. Subdivider shall pay in a prompt and timely manner, the premium on all insurance hereinabove required. 17. Personal Nature of Subdivider's Obligations. Subdivider's obligations under this Agreement are personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement. Subdivider shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the Subdivision or any other third party without the express prior written consent of the City. 18. Sale or Disposition of Subdivision. Seller or other Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Section 15 for the work or improvement done by the Subdivider. 19. Time is of the Essence. Time is of the essence in the performance of this Agreement by Subdivider. 20. Time for Commencement of Work; Completion, and Time Extensions. a) Subdivider shall not begin construction of the Public Improvements until receipt of a Development Clearance from the City Engineer, which is issued upon receipt of all completed documents and payment of fees incident to the approval of the final map by the City. b) Subdivider shall commence substantial construction of the Public Improvements required by this Agreement within three (3) months after the date of this Agreement. Subdivider shall complete the Public Improvements within twenty-four (24) months following the date of this Agreement. The City Engineer may grant up to a 12 month extension 18 18-6522/188607/SFF pursuant to Section 255.20 of the HBZSO. In no event may the Public Improvements be completed in more than 36 months without the approval of the City Council of the City pursuant to Section 255.20 of the HBZSO. 21. No Vesting of Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 22. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose. 23. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in performing this Agreement. 24. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 25. Nonperformance and Costs. If Subdivider fails to complete the Public Improvements within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the Public Improvements, City may proceed to complete and/or maintain the Public Improvements 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, 19 18-6522/188607/SFF 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. 26. Record Map. In consideration hereof, City shall allow Subdivider to file and record the Final Map or Parcel Map for the Subdivision. 27. Consent. When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed consent/approval to any subsequent occurrence of the same or any other transaction or event. 28. Modification.. No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 29. 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. 30. Survival. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 31. Governing This Agreement shall be governed and construed in accordance with the laws of the State of California. 32. Signatories. Each undersigned represents and warrants that its signature hereinbelow has the power 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. 20 18-6522/188607/SFF 33. Entire . 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. 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 C3 DLG 414 Main Street LLC corporation of the State of California a a California limited liability ompany ayor Q� By: Jerzy Seco se City Clerk print name ITS: (circle one)Chairma resident ice-President INITIA APP AND Director o Public W ks By: JerzySo print name RE AN IrONVED: ITS: (circle one)Secreta Chief Financial Officer sst. Secretary-Treasurer City Manager APPROVEf AS TaFRM- '-City ttorney 21 18-6522/188607/SFF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of OR/aNG0 ) On /7-1 Z 3/20 z.D before me, Te✓fF XCIIWAA!Z - A97-,411 y AN,*[r'C Date Here Insert Name and Title of the Officer personally appeared .TEiQZ y .T. SEGOq_ d5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � JEFF SCHWAflTZ COMM...2250561 aj WITNESS my hand and official seal. U +� NOTARY PUBLIC-CALIFORNIA -1 0] _ •. ORANGE COUNTY W My Term Exp.July 24,2022 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Documen : Pi VI'St i✓ R bltE/1MfilT Document Date: " 7-3 o Z Number of Pages: Z.Y Signer(s) Other Than Named Above: NLA Capacity(ies) Claimed by Signer(s) Signer's Name: TFRZ y T. c0 a ,E Signer's Name: 6d_i¢ X Corporate Officer — Title(s): JOAE 'D x/ CFp❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator O Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A" ENGINEER'S ESTIMATE 22 18-6522/188607/SFF ESTIMATED CONSTRUCTION COST FOR BONDING PROJECT NAME: ShorHouse-Tract 18068 PROJECT ADDRESS: 414/424 Main Street,Huntington Beach,CA OWNER NAME: C3 DLG 414 Main Street,LLC CIVIL ENGINEER: Jones,Cahl&Associates J.N. 20-2417 DATE: 11/4/2020 Item HB Unit No. Description Quantity Unit Price HB Price 2 REMOVE EXISTING A.C.PAVEMENT 5,330 S.F. $2.00 $10.660.00 3 DEMO EXISTING CURB AND GUTTER 113 L.F. $18.00 $1034.00 4 DEMO EXISTING SIDEWALK AND/OR DRIVEWAY 1,186 S.F. $10.00 $11-860.00 5 SAWCUT 201 L.F. $4.00 $804.00 6 CONSTRUCT CURB&GUTTER PER CITY OF HUNTINGTON BEACH STD.#202,C.F:VARIES,SEE PLAN 113 L.F. $30.00 $3,390.00 7 CONSTRUCT 0.33'A.C.W/SS-1 SEALCOAT OVER 0.50'A.B.(MIN.) 5.330 S.F. $20,00 $106,600.00 8 CONSTRUCT FIRE HYDRANT PER CITY OF HUNTINGTON BEACH 1 EA. $4,500.00 $4,500.00 STD.#607&606A 9 CONSTRUCT PARKWAY CULVERT PER CITY OF HUNTINGTON BEACH STD.PLAN#312,TYPE"C„ I I �. $500.00 $500.00 10 CONSTRUCT 6"FIRE SERVICE ASSEMBLY AND DCDA PER WATER STD.PLAN 618 WITH FIRE DEPARTMENT CONNECTION I FA- $3.500.00 $3.500,00 11 CONST.4"DOMESTIC WATER SERVICE W/4"METER(OMNI COMPOUND METER AND JENSON PRECAST CONCRETE VAULT) WITH TRAFFIC RATED METER BOX PER WATER DIVISION STD. I FA. $6.500.00 %J,00.00 PLAN NO.604B.WITH 4"BACKFLOW DEVICE(RPPD)PER STD. PLAN 609D. 12 CONST. I"IRRIGATION WATER SERVICE W/METER(NEPTUNE TIO METER,POTTED WITH ACLARA MTU)WITH TRAFFIC RATED METER BOX PER WATER DIVISION STD.PLAN NO.603.WITH I I $2,500.00 $2.500.00 BACKFLOW DEVICE(RPPD)PER STD.PLAN 609A. 13 SAWCUT AND REMOVE EXISTING PAVEMENT AND CONSTRUCT TRENCH REMOVAL AND REPLACEMENT PER STD.PLAN NO.606A I v $300.00 $900.00 14 CONSTRUCT NEW 6"0 SEWER LATERAL PER CITY STD.PLAN 507 1 F.A. $1500.00 $1,500.00 15 ABANDON EXISTING WATER SERVICE AT MAIN PER CITY STD. 613A AND REMOVE AND DELIVER TO THE UTILITIES DIVISION 2 I'A. $500-00 $1,000.00 PER PW INSPECTOR 25 REMOVE CONCRETE AND REPLACE WITH 4"BEIGE COLORED TOP CAST CONCRETE*WITH SAND AND CRUSHED SHELL PATTERN. (PER FIGURE 6-6 OF THE CTIY'S DOWNTOWN SPECIFIC 548 S.F. $8.00 $4.384.00 PLAN)(SHADE#1) 26 REMOVE CONCRETE AND REPLACE WITH 4"CONCRETE COMPOSITE OF TUMBLED*BEACH GLASS IN WHITES,BLUES, AND GREENS PER SPECIFICATIONS OF CITY'S DOWNTOWN y4'- S.I . $8.00 $7.536.OU SPECIFIC PLAN. 29 PAINT WHITE 4"PARKING STALL STRIPE TWO COATS. COORDINATE WITH PUBLIC WORKS PRIOR TO INSTALLATION. 299 I.T. $2.00 $598.00 30 PAINT GRAY OVER EXISTING RED CURB PER CITY SPECIFICATIONS.COORDINATE WITH PUBLIC WORKS PRIOR TO 43 1-1 . $1.00 $43.00 PAINTING. 1 of 2 ESTIMATED CONSTRUCTION COST FOR BONDING PROJECT NAME: ShorHouse-Tract 18068 PROJECT ADDRESS: 414/424 Main Street,Huntington Beach,CA OWNER NAME: C3 DLG 414 Main Street,LLC CIVIL ENGINEER: Jones,Cahl&Associates J.N. 20-2417 DATE: 11/4/2020 Item HB Unit No Description Quantity Unit Price HB Price 31 INSTALL RED CURB IN NO PARKING AREA PER CITY 38 L.I . $I.00 $38_O0 SPECIFICATIONS SubTotal: $168,847.00 15%Conti necy: $25.327.05 Grand Total:""' $194,174.05 2 of 2 ESTIMATED CONSTRUCTION COST FOR BONDING PROJECT NAME: ShorHouse-Tract 18068 PROJECT ADDRESS: 414/424 Main Street,Huntington Beach,CA OWNER NAME: C3 DLG 414 Main Street,LLC CIVIL ENGINEER: Jones,Cahl&Associates J.N. 20-2417 DATE: 11/4/2020 Item HB Unit No. Description Quantity Unit Price HB Price 1 MONUMENTATION 1 L.S. $3.500.00 $3,500.00 SubTotal: $3,500.00 15`/o Contignecy: $525.00 Grand Total: $4,025.00 IofI EXHIBIT `B" NOT APPLICABLE EXHIBIT"C" TRACT NO. 18068 ("Subdivider") ENVIRONMENTAL WARRANTY As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Huntington Beach ("City") for the above referenced Subdivision, Subdivider hereby warrants to the City that• 1. Neither the property to be dedicated nor Subdivider are subject to any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. 2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured,produced or released, on,under or about the property dedicated, an Hazardous Substance except in compliance with all applicable environmental laws. For the purpose of this warranty,the term"Hazardous Substances" shall mean any substance material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any Federal State or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal state or local laws, ordinances, rules, regulations or policies. 23 18-6522/188607/SFF 3. Subdivider prior and present use of the property to be dedicated has not result in the release of or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. 4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated. 5. All persons executing this warranty hereby represent and warrant to the City of Huntington Beach Safi 4ase, and Subdivider hereby represents and warrants, that the signalers hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signatory hereto have sufficient knowledge or expertise, either personally,through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts,to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City. Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct. I Date: 4Z 3 /ZF eq SUBDIVIDER: Y B : c . 1� -- Title:Jerzy J. Secousse/ President By: Title: Jerzy J. Secousse/CFO 24 18-6522/188607/SFF BOND NO. PB02497501239 PREMIUM$3,883.00/2 yrs. FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California (the "City"), and C3 DLG 414 Main Street LLC (the "Subdivider"') have entered into on Dec. , 2020, an agreement entitled Subdivision Improvement Agreement for Tract No. 18068 (the "Agreement"), pursuant to which Subdivider agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part here of; and WHEREAS, under the terms of California Government Code Section 66499.3(a) and Section 255.16 of the Huntington Beach Zoning and Subdivision Ordinance, Subdivider is required before entering upon the performance of the work, to file a good and sufficient performance bond with the City in the amount of not less than one hundred percent (100%) of the total estimated construction cost of all public improvements required under the Agreement; and WHEREAS, the Subdivider is required under the terms of the Agreement to furnish a bond for the faithful performance of said Agreement. NOW, THEREFORE, we, the Subdivider and Philadelphia Indemnity Insurance Company One Hundred Ninety-Four Thousand as Surety, are held and firmly bound unto the City, in the penal sum of One Hundred Seventy-Four &05/100dollars ($194,174.05 ) 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 present. The condition of this obligation is such that if the above bounded Subdivider, 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 1 18-6522/183608/SFF provisions in the the 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 the 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. 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. 2 18-6522/183608/SFF IN WITNESS WHEREOF, we have executed this instrument this 16th day of December 2p 20 C3 DLG 414 Main Street LLC CPhiladelphia Indemnity Insurance Company J / Surety Principals Attorney-in-Fact Cheryl L. Thomas (Signature(s) must be notarized) (Signature(s) must be notarized) APPROVED AS TO FORM: Address to which notices to Surety should be sent: By J�j800 E. Colorado Blvd., 6th Floor MICHAEL E. GATES Pasadena, CA 91101 �p6ity Attorney *Corporations—signature of two(2) officers required or one (1) officer plus corporate seal. Partnership—signature of a partner required Sole Proprietorship—signature of proprietor required 3 18-6522/183608/SFF CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of On .\.�-�n L� �ft'1� 1 before me, ���' `- '(�V1`J t��l� G �L (AJ�l� Date Here Insert` e and Title of the fficer personally appeared �- �t U S&e Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the MICNELLE LYNN JARVIS laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. Orange County > Commission p 2305264 WITNESS my hand nd official seal. My Comm.Expires Oct 12,2023 44. Signature C, Place Notary Seal and/or Stamp Above Signature of 4tary'Pu is OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �, r� �rl f'l%C 1 & vMc d1 Ce-- -eyy\—d Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On December 16, 2020 before me, Susan E. Morales, Notary Public , (Here insert name and title of the officer) personally appeared Cheryl L. Thomas , who proved to me on the basis of satisfactory evidence to be the person{) whose name(s) is/at=e subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in His/her/their authorized capacity0esj, and that by 19is&/her r signatureH on the instrument the person(s), or the entity upon behalf of which the personal 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. %- SUSAN E. MORALES ,� ' z WITNESS my hand and official seal. COMM.#2279182�, �,.: a ham;_r NOTARY PUBLIC-CALIFCRNIA;-�Z ` 7 s ORANGE COUNTY xJ Gf4Qi►^� �) 01) My Comm.Expires March 28,2023 1 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 ifneeded,should be completed and attached to the document.Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the Bond#PB02497501239 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 Philadelphia Indemnity Insurance Co. 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. 12/16/20 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. he/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. ❑ 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. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,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. BOND NO. PB02497501239 PREMIUM included with the Performance Bond LABOR AND MATERIAL BOND FOR TRACT NO. 18068 WHEREAS, the City Council of the City of Huntington Beach, State of California (the "City'), and C3 DLG 414 Main Street LLC (the "Subdivider' ) have entered into on Dec. 2020, an agreement entitled Subdivision Improvement Agreement for Tract No. 18068 (the "Agreement"), pursuant to which Subdivider agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and WHEREAS, under the terms of California Government Code Section 66499.3(b) and Section 255.16 of the Huntington Beach Zoning and Subdivision Ordinance, Subdivider is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City in the amount of not less than fifty percent (50%) of the total estimated construction cost of all public improvements required under the Agreement 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; and WHEREAS, Subdivider is required under the terms of the Agreement to furnish a bond before entering upon the performance of the work, to file a good and sufficient payment bond with the County of (or the City of) to secure the claims to which reference is made in Title 3 (commencing with Section 9000 of Part 6 of Division 4 of the Civil Code; Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, Subdivider 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 1 1 8-6522/1 83 609/SFF referred to in the aforesaid Civil Code in the sum of Ninety-Seven Thousand Eighty-Seven &03/100ths dollars ($97,087.03 ), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. 2 18-6522/183609/SFF IN WITNESS WHEREOF, we have executed this instrument this 16th day of December 2020 C3 DLG 414 Main Street LLC Philadelphia Indemnity Insurance Company Surety Principal Attorney-i -Fact Cheryl L. Thomas (Signature(s) must be notarized) (Signature(s) must be notarized) APPROVED AS TO FORM: Address to which notices to Surety should be sent: By ' )1, 800 E. Colorado Blvd., 6th Floor Qy,MIC AEL E. GATES GATEto Pasadena, CA 91101 City Attorney "Corporations—signature of two (2) officers required or one(1) officer plus corporate sea! Partnership—signature of a partner required Sole Proprietorship—signature of proprietor required 3 18-6522/183609/SFF CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of 0 a On - 1 ' "before me, Date Here Insert e and Title of the Officer personally appeared v e Y Z- �: J Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the 5�=°�>sF MICHELLE LYNN JARVIS laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. m Orange County Commission#2305264 ,Fo�'� My Comm.Expires Oct 12,2023 WITNESS my hand and official seal. �i i � f Signature Place Notary Seal and/or Stamp Above 7gnature kNo tky PGbl OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document r1L, i_ Title or Type of Document: Ujw`(� cm,!,A 'I`� e r��A A6 �•'1 :jci'cC Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer- Title(s): ❑ Corporate Officer- Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On December 16, 2020 before me, Susan E. Morales, Notary Public , (Here insert name and Ode of the officer) personally appeared Cheryl L. Thomas who proved to me on the basis of satisfactory evidence to be the personH whose name(e) is/tee subscribed to the within instrument and acknowledged to me that 1ma/she/ executed the same in His/her/#hreif authorized capacityoes), and that by Hi&/herMteif signatureH on the instrument the personal, 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. SUSAN E. MORALESI -`' COMM.#2279182 WITNESS my hand and official seal. � :� Z NOTARY PUBLIC-CALIFORNIA 5: ORANGE COUNTY My Comm.Expires March 28,2023 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 ifneeded,should be completed and attached to the document.Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the Bond#PB02497501239 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 Philadelphia Indemnity Insurance Co. 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. 12/16/20 • 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. he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (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 ElPartner(s) the county clerk. 0 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. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,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. 1076 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Todd M.Rohm,Shane Wolf,Cheryl L.Thomas,Beata A.Sensi and Cathy S. Kennedy of Rohm Insurance Agency, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T"DAY OF OCTOBER,2017. .Gc•- 1927 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,.and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSyLVANI NOTARIAL SEAL Morgan Knapp.Notary Public Not Public. rT My Cr—Z27 p.Malacmery County 111777 My CommisExpires Sep1.25.2p21 NEWER.PE�vSRvwW 550[NpW Of Np1Ml residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27'day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. 1 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 120 DEC 6 2020 1927 ; Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY BOND NO. PB02497501240 PREMIUM $100.00/2 yrs. MONUMENT BOND FOR TRACT NO. 18068 WHEREAS, the City Council City of Huntington Beach, State of California (the "City'), and C3 DLG 414 Main Street LLC (the "Subdivider"") have entered into on Dec. 2020, an agreement entitled Subdivision Improvement Agreement for Tract No. 18068 (the "Agreement"), pursuant to which Subdivider agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part of hereby; and WHEREAS, under the terms of the Agreement, Subdivider is required to furnish a bond to City for setting of monuments. NOW, THEREFORE, Subdivider and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach in the sum of Four Thousand Twenty-Five &NO/100ths dollars ($4,025.00 ), 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$4,025.00 , 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 Section 66495 of the Government Code of the State of California. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Subdivider, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions 1 18-6522/183610/SFF and provisions in the 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 his or their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents, and employees, as therein stipulated; otherwise, this obligation 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 County (or city) in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, 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 such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 2 18-6522/183610/SFF IN WITNESS WHEREOF, we have executed this instrument this 16th day of December 1 20 20 C3 DLG 414 Main Street LLC Philadelphia Indemnity Insurance Company J Surety Principals' Attorney-in-Fact Cheryl L. Thomas (Signature(s) must be notarized) (Signature(s) must be notarized) APPROVED AS TO FORM: Address to which notices to Surety should be sent: By. I ' l-t... U4,-, 800 E. Colorado Blvd., 6th Floor 1j-4MICHAEL E. GATEO Pasadena, CA 91101 City Attorney *Corporations-signature of two (2) officers required or one(1) officer plus corporate seal. Partnership-signature of a partner required Sole Proprietorship-signature of proprietor required 3 18-6522/183610/SFF CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of 0Ca A� } On c 02�before me, j �t V-1 I pv�,�11 c- Date Here Insu Name and Title o the Officer personally appeared \ -Z lr � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ; h J Notary Public i_ -California laws of the State of California that the foregoing MiaHELNJAR ISparagraph is true and correct. s 'T Orange County Commission#2305264 My Comm.Expires Oct 12,2023 WITNESS my hand any4 official ea f ' Signature v /' Place Notary Seal and/or Stamp Above Signature Not `y ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ` Title or Type of Document: �1(�nV���'t� ��L 5���1�G N Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer- Title(s): ❑ Corporate Officer- Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On December 16, 2020 before me, Susan E. Morales, Notary Public , (Here insert name and title ot the officer) personally appeared Cheryl L. Thomas who proved to me on the basis of satisfactory evidence to be the person(e) whose name(-) is/er-e subscribed to the within instrument and acknowledged to me that he/she/ executed the same in His/her/ authorized capacity0esj, and that by iris/herftbetr signatureH on the instrument the personH, 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. �x SUS,gN WITNESS my hand and official seal. r; o Cc�1yMEM�? ALC� NOTARY P 2279182 z " UELtC-CALfFt7 GRANGE COUNTY %(IA " MY Comr Expires ft4"rch 28,2023 ` otary 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 ifneeded,should be completed and attached to the document.Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the Bond#PB02497501240 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 Philadelphia Indemnity Insurance Co. 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. 12/16/20 • 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. he/she/theme is/afe)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. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 0 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. 1077 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Todd M.Rohm,Shane Wolf,Cheryl L.Thomas,Beata A.Sensi and Cathy S. Kennedy of Rohm Insurance Agency, its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company . thereto, and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T"DAY OF OCTOBER,2017. v (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 271 day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANI NOTAFI LSEAL Morgan Knapp.Notary Public J Notary Public: LpwerMenon Twp..Mpniea.Tery Cpunly ' - AfyCpmmissipnExpirea Sap1.25.2021 NEp9ER.PEvvSttv.Wy.,55pCttPOH pP MiMI residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27°i day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ,20 D E r 16 2020 _ D92 � - 7y Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 17, : Office of the City Clerk 1909� Robin Estanislau, City Clerk February 9, 2021 C3 DLG 414 Main Street, LLC. 1024 Bayside Drive, Suite 365 Newport Beach, CA 92660 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, February 1, 2021, approved the Subdivision Agreement for Final Tract Map No. 18068. We are enclosing a copy of the agreement and bonds for your files. Sincerely, Robin Estanislau, CIVIC City Clerk RE/ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand g:\f611owup\sdivagmt 11/21 °�a CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Donna Switzer,Deputy City Clerk FROM: Bob Milani, Principal Civil Engineer 1515v_ DATE: February 4, 2021 SUBJECT: TRACT MAP 18068 SHOREHOUSE CONDO SUBDIVISION 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 Ct.,Ste 201 City, State,and Zip code: Corona,CA 92879 Contact Title Officer: Jesus Duran Telephone Number: (951)256-5820 Email: idurannfirstam.com Commitment/Order Number: 6161539 Client: C3 DEVELOPMENT Address: 1024 BAYSIDE DRIVE, SUITE 365 NEWPORT BEACH,CA 92660 (949)445-1787 Engineer: JONES CAHL& ASSOCIATES REGARDING: SHOREHOUSE CONDO TRACT MAP Upon the City Clerks receipt of the recorded copy of documents, please send a copy of the Tract Map to all contacts listed below and a copy of the recorded CC&R's and easements to the City contacts only: 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: Bob Milani 714-374-1735 G:\Engineering Division\DEVELOPMENT\Maps and LLAs\City Clerk Memo's\TM 18068 memo to City Clerk(ShoreHouse)24-21.doc City of Huntiongton Beach 2000 Main Street Huntington Beach, CA 92645 (714) 536-5227 www.huntingtonbeachca.gov FB ® Office of the City Clerk 1);1999� Robin Estanislau, City Clerk February 9, 2021 First American Title Company 1250 Corona Pointe Court, Suite 201 Corona, CA 92879 Attention: Jesus Duran (951) 256-5820 Re: Order No. 6161539—Tract Map No. 18068 Jesus Duran —Shorehouse Condo Subdivision (414 -424 Main Street) The City Clerk's Office has prepared Final Tract Map No. 18068—Shorehouse Condo Subdivision (414 -424 Main Street) to be recorded with the County. Please have a copy of the recorded map returned to the Bob Milani, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Received by: Date: T1 Sister Cities: Anjo, Japan ® Waitakere, New Zealand glfollowup/tracUescrow pick-up.doc °� CITY OF HUNTINGTON BEACH Inter-Department Communication • Community Development Department TO: City Clerk VIA: Ursula Luna-Reynosa, Community Development Director FROM: Nicolle Aube, Associate Planner DATE: February 4, 2021 SUBJECT: NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT MAP NO. 18068 AND AUTHORIZATION FOR RELEASE FOR RECORDING TRACT NO. 18068 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: C3 DLG 414 Main Street LLC RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH OLD INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 0?/15JI 1020c,21 SUBJECT: Bond Acceptance I have received the bonds for C3 /.PLC q/y 14Ar) 4-h--er4 LLC (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT o, Faithful Performance Bond No. lv2.3 Labor and Material Bond No. p31)z Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /S 0&7 Approved (Council Approval Date) CC No. Agenda Item No. /,q ( °)I—0:�,-3 MSC No. City Clerk Vault No. WO. &D Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer