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Approve Final Tract Map No. 19154 - Accept Bonds - Authorize (2)
RECEIVED BY: CITY CLERK RECEIPT COPY f��t Return DUPLICATE to -� +i°��✓ '` CC City Clerk's Office (Name) after signing/dating I2 , 2N (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: q/ SUBJECT: Bond Acceptance I have received the bonds for J 111 tk> �1 /!}1% G�� Ar /'SA C (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. (/'iS03 / ? �teA1 Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. I7/S1/ Approved —7 c.1V (Council Approval Date) CC No. Agenda Item No. &If` de/0 MSC No. City Clerk Vault No. Zia? . f00 Other No. SIRE System ID No. hl�-� g:/forms/bond transmittal to treasurer � �NTI��oa"vun�rAZ 2000 Main Street, �YOk�-• o 'B Huntington Beach,CA F ,� r� 92648 °-- _ City of Huntington Beach APPROVED 7-0 File #: 24-616 MEETING DATE: 9/17/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Steve Bogart, Senior Civil Engineer Sublect: Approve and accept the Public Improvements, release the Securities for, and Accept a Guarantee and Warranty Bond for the Cameron Townhomes'Project (Tract 19154) Statement of Issue: Shea Homes Limited Partnership, the Developer of Tract 19154, has completed construction of all required public improvements and is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: No funding is required for this action. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 19154, and instruct ' the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, B) Accept Guarantee and Warranty Bond No. CMS0349976M (Attachment 3); the security furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, C) Instruct the City Treasurer to release the Faithful Performance Bond No. CMS0349976, Labor and Materials Bond No. CMS0349976 and Monument Bond No. CMA0349977, pursuant to the California Government Code Section No. 6649.7(a); and, D) Instruct the City Clerk to notify the developer, Shea Homes Limited Partnership, of this action, and the City Treasurer to notify the Surety, RIL Insurance Company, of this action. City of Huntington Beach Page 1 of 3 Printed on 9/11/2024 powered LegistarTM File #: 24-616 MEETING DATE: 9/17/2024 Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. To note, not approving the recommended actions may violate the Subdivision Map Act whereby: Section 66499.9 of the State of California Government Code requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty Bond may place undue burden and costs upon the City for correcting any defective work, labor and materials furnished by the subdivider. Analysis: On October 12, 2021, the Planning Commission approved Tentative Tract Map No. 19154 to subdivide approximately 0.91 acres into 1 numbered lot for condominium purposes. The Planning Commission also approved Conditional Use Permit No. 21-006, for construction of 18 residential townhomes, as part of the proposed project. Subsequently, on June 7, 2022, the City Council approved Final Tract Map No. 19154, approved execution of the Subdivision Agreement between the City of Huntington Beach and S.G.V. Property Fund, LLC, and also accepted the project's required Faithful Performance Bond, Labor and Material Bond, and Monument Bond. In conformance with the project's Conditions of Approval and Code Requirements, the original project developer, S.G.V. Property Fund, LLC, had submitted project plans to the City and obtained grading and building plan approvals. However, during the latter part of this process, the project was sold to a new developer, Shea Homes Limited Partnership. Prior to issuance of the project's grading and building permits, the City required a replacement Subdivision Agreement to be executed with Shea Homes and new bonds to be submitted to ensure satisfactory completion of the project's required public improvements. Accordingly, Shea Homes Limited Partnership submitted a replacement Subdivision Agreement and bonds (Faithful Performance Bond/Labor and Material Bond No. CMS0349976, and Monument Bond No. CMS0349977), which were executed and accepted by City Council on September 6, 2022. The developer has completed all required public improvements and is now requesting release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). The constructed public improvements include curb, gutter, sidewalk and pavement along the project's Cameron Lane frontage and connections to the public water and sewer main within the public street frontage. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends acceptance of these improvements. Pursuant to the project's conditions of approval, Shea Homes Limited Partnership has provided Guarantee and Warranty Bond No. CMS0349976M as security for the one-year warranty period and is now requesting acceptance of this bond. Project data Developer: Shea Homes Limited Partnership, a California limited partnership Attention: Cory Yoder, Community Development Manager 2 Ada, Irvine, CA 92618 Engineer: Land Development Consultants, 1520 Brookhollow Dr., Suite 33, Santa Ana, CA 92705 City of Huntington Beach Page 2 of 3 Printed on 9/11/2024 powered Legistarl"' File #: 24-616 MEETING DATE: 9/17/2024 Surety: RLI Insurance Company, 9025 N. Lindberg Drive, Peoria, IL 61615 Phone: 800-645-2402 Location: 17532 Cameron Lane (east side between Slater Avenue and Newman Avenue) Public Works Commission Action: Not required. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map 2. Notice of Acceptance of Public Improvements (Tract No. 19154) 3. Guarantee and Warranty Bond No. CMS0349976M 4. Final Tract Map No. 19154 5. PowerPoint Presentation • City of Huntington Beach Page 3 of 3 Printed on 9/11/2024 powerealj LegistarM LOCATION MAP „.., LLJ _J 6 0 c 5 8 CC -J Z LLI D IA L.LJ 0 Y 2 CC CO 2 SLATER AVENUE w \N\\\ OPAL = CIRCLE co PROJECT w SITE ( . co z 0 x SPEER LJ 2 DRIVE < o z < > \ 432 • Recorded in Official.Records,Orange County Hugh Nguyen, Clerk=Recorder . . '' 1111110110111111113110 iiii iFII[IIO milli NO:FEE * $ R o d i 5 1 4 4- 3 7 0. $ ;recfnested t ,: 2024000246318 2:47 p m 09/23124 and'when recorded'return.to: 489 412ZA AO* 'i 0..00 0.00 0:D4 0,00 0..00 0.00 0,800..000 00 0-00 Rorbm:Esiariislan,city CJerlc Office of tFte city Clerk -. . . • .. CITY OF H GTt3I�T:BEACI - P Q.Box 1.90-2000 Mafia Stet; ` I�imfiiagtonBearh,Co.;92.04a. ._ • • aito.•abovc.'f ;Yme Baal 3er's use only... • • ACCEPTANCE OF.PUBLIC I11 PROVEZ TS • ' afuntii em I each.Zonisvleind SubdnHsion:t an:pace Seadem.23'S:Z2J .. • PLEASE TAKE NOTICE THAT oiri '22; 2024 the City Engineer considered the subdivision improvements described below, and found them:to have been completed:satisfactory .. and accepted, :as limited by _Huntington Beach Zoning .and Saba wsia Chviiriance Section • .25i22* #7p i_mp ovemcn is for public use, • Further,the public,improvements for the snbdivision(s)have been dedicated•to the City' _ of Huntington Bea as described on Final Tract N4p. Na..199.154;. Public_improvements constructed tonsist of: a. Curb, gutter,Paing;sidewalk and III utility'corneetiAns,.(3-e.scrvlces for ewer,. wafer,fire,etc)along Cameron Lane,per fbe appre'ved Improvement Plans for ., this Tract' •' ' _ . • The Foregoing.inslmmment is the City'Clerk Origuial•Document Reflecting City Council Action - taken at the September;17,2024 City Council.Meeting Submitted for Recordation*the flange: _Ce.ui Recorder . : - Attest a „2024 City Clerk and Ex-officio Clerk of the Council of the City of Hi aQt gtoa Beach;California. - Bonne 'Sw . ., , s$e ,or Depu• y City Clerk .. • 1 .! • CITY'OF Hu: '.,,TQN BEACTzl " ' 0,0' . . . Thitdoe.iionc,ir s;hoty for thipndridei i •' budnosoaf the Pty.of Huntington:Sock. . By- iiy F• •eer es conau0pleoed:*diet 6oiiertimint Cad -Thomas Herbel. • See:z73133 andshouid'bs rxordet**. of:Cite S.. • • Recording requested by, and when recorded return to: Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on August 22, 2024 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Tract Map No. 19154. Public improvements constructed consist of: a. Curb, gutter, paving, sidewalk and all utility connections (i.e. services for sewer, water, fire, etc.) along Cameron Lane per the approved Improvement Plans for this Tract. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action taken at the September 17, 2024 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest /�ijj1/. / o /1 , 2024 City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California V By Ad Ara- Donna Swit• Senior Depu y City Clerk CITY OF HUNTINGTON BEACH This document is solely for the&ncisl 1. 4C 7 bua uses of the City of Huntington Beach, By: ity n meer as contemplated under Government Code Thomas Herbel Sec.27383 and should-be recorded free of charge. BOND NO, CMS0349976M PREMIUM Included in the Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, Shea Homes Limited Partnership,a California limited partnership ,as a Principal and RLI Insurance Company ,a corporation organized under the laws of the State of Illinois and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Reach Catrfnrnra as CP)hope in the penal sum of Nine Thousand Four Hundred Forty Nine and 55/100---($9,449.55)representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do hind ourselves, and each of our heirs, executors,administrators,successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee dated September 6th,2022 for work described as follows: WI IEREAS,said contract provides that the Prncipal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of cempletion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on April 15th , 2024 APPIROVED AS TO FORM Shea Homes Limited Partnership,a CP/California limited partnership as Principal -- MICHAEL E. GATES By *see attached signature block CITY ATTORNEY CITY OF HUNTINGTON BEACH Dy RLI Insurance Company ,as Surety By Edward C.Spector,Attorney-in-Fact STATE OF CALIFORNIA ) • SS COUNTY OF ORANGE ) • ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCETO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THEW1THIN.INSTRUMENT AND.ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED;CAPACITIES;AND THAT.:BY THEIR SIGNATURES ON THE INSTRUMENT THE•PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THEINSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES • STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND • PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,.OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. • WITNESS MY HAND • SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES • 2 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 Los Angeles ) On APR 1 5 2024 before me, a Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Edward C. Spector Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(54 whose namet)is/ee subscribed to the within instrument and acknowledged to me that he/ ice executed the same in his/jg{( rauthorized capacity ),and that byhis/fir t5trsignature( )on the instrumenttheperson ),or the entity upon behalf of which the person(x)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an _ d correct. 1 eu7.7-.....- . COMM.G#t23154770 ` zWITNESS my hand and official s al. k Aa. 3i3.�14,,ir Notary Public•California o i z\�y�?�'' '� Los Angeles County — r (,0�„` I ‘`c ;ys y M,Comm.Eyires Apr, 12:2025 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 Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑Partner ❑Limited ❑General ❑Partner ❑Limited El General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other 0 Other Signer Is Representing Signer Is Representing POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Janina Monroe,Michelle Haase,Timothy Noonan,Adriana Valenzuela,Jennifer Ochs,Martha Barreras,Sarah Campbell,Rhonda Larson,Charles R.Teter,III,B.Aleman,Erin Brown,D.Garcia,Simone Gerhard,Edward C. Spector,Ethan Spector,Marina Tapia,KD Wapato,Rachel A.Mullen,Lisa Marie Saumur,jointly or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of February , 2022 . ,,1 11111,,, REI Insurance Company ``,.•��,NG AND/•�S'a ,s Rp.NCE� Contractors Bonding and Insurance Company • • =. E CC• = (6. =Yt. SEAL = = SEAL . By: a Barton W.Davis Vice President 'yOu• 'Z•L • State of Illinois nur+ola C I N S 11111III",\, o!1 " Illl,lll11111 1, SS County of Peoria JJJ CERTIFICATE On this 21st day of February , 2022 ,before me,a Notary Public, I, the undersigned officer of REI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of APR 1 5 By. O t�d�•�4xr ' RLI Insurance Company 21124- Catherine D.Glover Notary Public Contractors Bonding and Insurance Company /!y CATHERINE D.OFFICIAL SEAL NOWNOWNotary Pudic•State of itWvl l nois I By: j sag My Commission Expires Jeffrey ick Corporate Secretary March 24 2024 1 0415930020212 A0058D 19 Bond Number:CMS0349976M SHEA HOMES LIMITED PARTNERSHIP, a California li ited partnership By: Name: Gina Gordon Title: Authorized Agent By: Name: 127L- Title: Cory Yoder Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On April 18, 2024 before me, Jacqueline Y. Barker, a Notary Public personally appeared *** Gina Gordon & Cory Yoder***, 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. WITNESS my hand and official seal. _ JACQUECINE Y.BARKER �y��' Notary Public-California Orange County € Commission 2418607 ' My Comm,Expire#s Sep 27,2026 Signa (Seal) DUPLIGATh WOO /3 SHEET 1 OF°F'SCEs TRACT N O. 19154 ACCEPTED AND FILEDFILEDAT THE NUMBER LOTS 1 NUMBEREDREQUEST OF GROSS AREk 40,917 SO.FT./0.939 ACRES G H.I AGo TITLE'LO. NET AREA: 39,637 SG.FT./O.910 ACRES IN THE GTY OF HUNTINGTON BEACH,COUNTY CF ORANGE,STATE OF CAUFORNIA DA ,Jt&ly Ili 2o2Z DATE OF SURVEY: MAY 202i TM 3:30 OH FEE:'87.— ALL OF TENTATIVE TRACT NO.19154 BEING A SUBDINSON OF LOT 12 OF TRACT NO.405,AS PER MAP FLED IN BOG(16,PAGE 31, OF MISCELLANEOUS MAPS,IN THE OFFICE CF THE COUNTY RECORDER OFFICE OF SAID COUNTY. IN RENT NO.2022oo02y2848 FOR CONDOMINIUM-PURPOSES B foDO PAGE 13-14,N/H MAY 2021 HUGE NGUYEN OGI COUNTY MfRK-RECORDER 1 MICHAEL NAVARRO LS 7848 BY: '"lo''�C, DEPUTY OP.WERSFBP CFRTIRCA7F SURVEYOR'S STATEMENr TIE THE UNDERSIGNED,BEING ALL PARTIES HALING ANY RECORD 117LE INTEREST NV THE LAND THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD COVERED BY THIS MAP, 00 HEREBY CONSENT TO THE PREFERA ITON AND RECORDATION OF SURVEY IN CONFORMANCE WIN THE REQUIREMENTS OF TN$SUBDIVISION MAP ACT AND SAID MAP,AS SHDIW ERN THE DISTINCTIVE BORDER LINE, LOCAL ORDINANCES AT THE REQUEST OF SGY.PROPERTY FNUND,LLC IN MAY OF 2021. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE COY OF HUNTINGTOV BEACH AS POSITIONS INDICATED, OR THAT THEY RILL BE SET IN SUCK P09nOVS WITHIN 90 DAYS ND AN EASEMENT FOR PUBLIC STREET A PUBLIC UTILITY PURPOSES MOWN LANE AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE SUFFICIENT To ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP ME ALSO HEREBY DELICATE TO THE CITY OF HUNTINGTON BEACH:: SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROLEDI TENTATIVE MAP. 1. THE EASEMENT OVER PRIVATE STREETS AND SDEWALKS WTHIN SAID TRACT FOR POLICE WD AND FIRE DEPARMENT ACCESS PURPOSES ,J 2 AN EASEMENT FOR WATER QUALITY(NFIL IRA RCW BASH AREA ACCESS AND INSPECRCW CIA A%;" T"//1/24t'�- ,;:,,..i .. PURPOSES MOCHA (AVARRO,L S. 7848 DATE I Iy•Oy SGV. TY CLIMB,LLC LICENSE EXPIRES 12/30/2022 y`�ic m/R/n* BY. ` 11,420.1x "`LF tllw' ar Gr.MANAGER DATE BBY: I a nis•za--yy CITY ENCINEER STATEMENT JASE•N GROYS,MANAGER DATE I HEREBY STATE THAT I HALE EXAMINED THIS MAP AND HAVE FOUND IT TO BE I/ SUBSTANTIALLY IN CONFORMANCE WTH THE TENTATIVE MAP, AS SLED WITH, AMENDED AND APPROVED BY THE CITY PLANNING CCRMISSIOIR THAT ALL FRoinsCNS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BELT(COYAPED Wnl. }7CIARYS STATEMENT THIS STATEMENT WILL TAKE EFFECT UPON THE DATE MH1CH THE COUNTY OF ORANGE PROVES THE ROYAL BUSINESS BANK AS BENEFICIARY UNDER A DEED OF TRUST RECORDED MARCH 29, AP MAP AS TECHNICALLY CORRECT. 2021 AS INSTRUMENT Na 2021000212631 OF OFFICIAL RECORDS DATE THIS 5 DAY OF Fri ITY 2022 I 11111101 �, BY: �P DATE 5" 2, BY NAME:Mall u BY NAME: 1.1 11E Na TH S M.H VICE N 53300 ( • Y CITY ENGINEER CTY OP HUNTINGTOV BEACH nnF:SFr. Litt Pia 777LE Till Vic, presid ask �Mr COUNTY SURVEYOR'S STATEMENT /VOTARY ACXNONLmGMENT• I HEREBY STATE THAT I HALE EXAMINED THIS MAP AND HA FOUND THAT ALL MAPPING A NOTARY PUBLIC OR ORIER OFFKER COMPLETING THIS CERTIFICATE WRIFIES ONLY PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN CCWPL ED WITH AND I AM SATISFIED THE IDENTITY OF TINE INDIVIDUAL WHO SIGNED TIHE DOCUMENT TO WHICH THE SAID MAP IS TECHNICALLY LcPHSCT. 1 CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS ACCURACY, OR VALIDITY DATED THIS 7 DAY OF_ J U _ 2022 OF THAT DOCUMENT. .... ` STATE OF CALIFORNIA)SE ...: ...gyp ...^ COUNTY4 OF ORANGE _ I T�. I .II 11 ,,D LAND SL ON April VIAL, 2022.BEFORE 44A .,OiCIC- L8 A NOTARY 5U UCVDr y�?. p•N'➢o��' PUBLIC,PERSONALLY APPEARED Pna2¶ .1 P YID 7O ME ON RE BASIS ECVC.. R.RILLS,CCIONYY SbRM[`fOA-RCC.S.r.ar7 09 OF SATISFACTORY EVIDENCE TO BE TIE (S)MH NVE(S,IS'/ARE SUBSORIBED TO ... Mil k THE WREN INSTRUMENT AND ACKNOW.EDGED TO ME THAT¢LE2pI(/N1 EXECUTED THE SAME wr p 1N NJ971 dR/1HER AUTHORED CAPACITY(IES)AND THAT BY /7Y/RVER SIGIATURES(S) ''FOE Dnuej ACTEEDD.EEINSTRUMENT RiE XECUTE)THE INSTRUMENT,),OR WE ENTITY UPON BEHALF WHICH THE PERSCW(S) E7TY CLERICS CERTIFICATE I CERTIFY UNDER PEJIALTY OF PERAIHY UNDER THE LAMS OF THE STATE OF CALIFORNIA THAT STATE OF CAUFORNIA,/ THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. COUNTY OF ORANGE • WTNESS MY HAND:A /�Iq.- I HEREBBTHEyY,CERTIFY THAT MIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY U7,1 L DAY SIGNATURE d Yi' -I MY PAyMOP4A1L POLpLCE OF BUSINESS Oc (II1n-eJHUNENC TON 2022 ANDBEAMAT THAT THEREUPON SAD L BY AN ORDER OFDULY NOTARY PUBLIC IN AND FOR IS IN I AS HMse1!S COUNTY. PASSED AND ENTERED, APPROVE SAID MAP, AND DID ACED ON BEHALF OF THE CITY OF � SAID STATE HUNTINGTON BEACH, YAB.ECT TO IMPROVEMENTS DIE TON OMF THE EASEMENT FAR PUBLIC- \JGO,IIfC tfuV1)S MY COMMISSION EXPIRES.M9qyN.Ll STREET AND COPUBLIC ACCEPT ON BEHALF THECAMERON LANE (NAME PRINTED) 1 CITYRNC.TDI"BEACH: I. THE EASEMENT DYER PRIVATE STREETS AND SIDEWALKS WREN SAID TRACT FOR POLICE SEE SHEET 2 FON ADOVIKNLLL NOTARY ACHNOIKEDGEIENT CERTRCATLS AND FIRE DEPARTMENT ACCESS PURPOSES AS DEDICATED. 2 THE EASEMENT FOR WATER QUALITY INFIL IRATIO7 BASIN AREA ACCESS AND INSPECTION PURPOSES AS DEDICATED. AND DID ALSO APPROVE SIJ&ECT MAP PURSUANT TO THE VISIONS OF SECTION 66436 (DX3XA)O'THE REDIWSON MAP ACT THIS STATEMENT EEL TAKE EFFECT UPON THE DATE UPON ,ON THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. DATE THIS IS-1- _ DAY OF ./7A ICE 2022 COUNTY TREASURER-TAX COLLECTO4'S CERTIFICATE 0 JLU R . STATE OFCALFO7MU ROBIN ESTANISLAU BY• CITY CAIRN CITY OF HUNTINGTOV BEACHAS DEPUTY COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO 7HE RECORDS OF MY OF1G; THERE ARE NO LENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL YATES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES PEANPNNG COAABSSTON CERITF7CATE EXLLMPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE I, URSULA LUNA-RETNOSA, SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF TIE' HUNTINGTON BEACH,CALIFORNIA.DO HEREBY CERTIFY THAT I AR EXAMINED THIS MAP AND SUBDIVISION MAP ACT HAVE BEEN COMPLIED WTH REGARDING DEPOSITS ro SECURE PARENT HAVE FOUND IT TR0 VE SUBSTANTIALLYTHEHUNTINGTON THE SAME AS THE ITN C MAP AS FILED WTI, OF TAGS OR SPECIAL ASSESSMENTS.. C/D AS TAXES GE THE LAND COVERED BY THIS AMENDED AND APPROVED BY THE BEACH CITY HNC COYMI590N. MAP. DATE THIS 4114S DAY OF MP'4 20221 DATE THIS /2111"DAY OF IL., A 2022 • IAj .Q '-�; 1 SHARI L FREIDENRICH BY: Mb.� - URSULA LUNA- YN COUNTY TREASURER-TAX COLLECTOR �7� -TAX COLLECTOR SEA' NTI N TO THE PLANNING COMMISSION `YNV GF HUNRNCION BEACH O O S0110/RE/OM/5PONn I C THE PALOMINO SCNAIURES OF THE PARTIES NAMED HEREINAFTER AS OWNERS OF INTEREST SET FORTH FUME BEEN 01617ED UNDER THE PROVISIONS OF SECTION 66346(aX7XA)(I-AII) OF THE SLIBDI/90V MAP ACT THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY.' 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'ON 10`d 2:11 S3N3Y esevi0321391,9111 u ros`Lu O1 d" � SL�IS 1 13 9133NS h f 000i - 11 O ldl U DUP I A1AI t I�v 15 • SHEET 3OF • NUMBER CF LOTS: 1 NUMBERED SHEETS TRACT NO. 1 91 54 GROSS AREA: 40,917 SO 939 ACRES NET AREA: 39,637 SC Fr./0.910 ACRES 91 NE MY CF HUNTINGTON BEACH,COUNTY CF ORANGE,STATE OF CAl1FORNIA DATE OF SURVEY: MAY 2�02111 ALL Cr TENTA191E TRACT NO.19154 BEING A SUBDIVISION CF LOT 12 CF TRACT NO,405,AS PER MAP FILED IN BOOK 16,PAGE 31, CF MISCELLANEOUS MAPS,IN NE OFFICE OF NE COUNTY RECORDER OFFICE OF SAID COUNTY. • • FOR CONDOMINIUM PURPOSES MAY 2021 L64976005 GM Ia 706 0 Bar SIRE I ALLNMN FASTER 'OS 807:,Al Of,AT ITNIDDRE.NER9CRO4• MICHAEL NAVARRO LS 7848 OF SLATER AIEME AND ONSTR C1IO4 CENTERED( Cr LEACH BOAEVARO . 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SE 9EE7 4 FOR DETAILS OF PR VATS I I • \ I PeR RI]'OUST( ,�2.,JI� EAST DBE OF IKST 1/2 v STREET,,=RAIN AND ACCESSTAY ,ro 8) rNlA7H 1I2 6�SN 1/4 N 1 EASEMENT MST WATER OUAUTY 1 ,i �y1 (CPO!26.1112 ��s6,,,411R OYSIRAJ,OY BAT!AEA fA91@f7 [[;; ,,,,AA ,,�N..,J�III I1 OELK.I 97 ID OT OTY O fANTAO701 I2p �. y BEACH NIMN LO!I. ,r,�,,��•+,il ^'I niQ O S¢' LOT 14 =17 • D 3' DID Ia i I I al4 n R Iq >9I�� !9 PARCEL 2EI1'Isw Hlif �k R 11 g l Or- 1i ixil .• y1 s gIS[ 3"I-1 4" PAR[3.1 gait • 1 I 6 Ii a1E lilt. � e. I I IR i SCArE: 1'e100' S I� LOT 16 Bg" IP pl200-IR Ib Ii &I8 I LOT 17 Ii i,(1 ( �������� + 9E THERE 758 r\O CR 912012IY ROOF E10S11NO `II NSIOE IIPRDIETENTS AID TIE ECTERIOR I . I I -A i g I BOUNDARY UD(E(d511NCD1E BORDER)LE'TICS I • I- Tray+ NAP AS ESTABLJSRD IEREOI. ,L I -LOT 1ST•. -1 gI T �/� F EAST LNE OF IRE NEST 1/2 OF THE I iiJ�„' y�xW 1/1 OF sr 1/1 v 9CDON 25, • I I - , COB9R.Of LOT ME 7 155,R11e.BBC.,PFR RI a RS , e RONAL Ol ER NI'PRa1Q 05%N! ,..• I C IJ Lort7E LOT 19 11*. il a C7 3B �I OTY ff f8/907807,LN aJ'. Gt 1 �a ae1E 1 I I 't4'' ,I,() I . I /-MEE ECM IT • Lor'ao . ' NEST FACE ]'TAU 6CIX AS ESE VIER 1 I SW 1 1 9 1 1 //.JCL BEET 1 1+ el* SCREEN 1(9L 6 NI LOT WE 1 =ROC TS R91K SBY. 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'ON 10YaL �°'( 'Or L SL33HS Y d0 Y 13316 • • 41 0001 old"2Jndfla /4/..'�r••\t. WTIN G D4/ .•'�• pRP0R mu. ••• 451., •- \�C „ Teo •'• III • -- :- - ••• \ Tract 19154 Cameron Townhomes �f __ _ — i Acceptance of Public Improvements _ :T_ �- 1 and Release of Surety Bonds •4' ck., v Department of Public Works •6•• ti%6 - v i• P ' •• 11 09 � •' 0 •.:� , 19 <c r September 17, 2024 ii °OUNTN -►.►..��•i►/ 444 BAC KG RO U N • On October 12, 2021 , the Planning Commission approved Tentative Tract Map No. 19154 to subdivide approximately 0.91 acres into 1 numbered lot for condominium purposes. The Planning Commission also approved Conditional Use Permit No. 21-006, for construction of 18 residential townhomes, as part of the proposed project. • On September 6, 2022, the City Council approved execution of the Subdivision Agreement between the City and Shea Homes Limited Partnership (owner/developer), and also accepted the project's required surety bonds as follows: Faithful Performance Bond No. CMS0349976, Labor and Materials Bond No. CMS0349976, and Monument Bond No. CMS0349977. 0/ \\\NTING.. fI �( N�pFPORAr7.. • 445 . _ LOCATION MAP w J Z 0 Q 3 CC ir U z 0 w CC w 0ILI CC M SLATER AVENUE a w z,r m,,,,..N., g wOPAL o g CIRCLE m PROJECT w SITE 0 m ,������ & "1:0TING SPEER <<II�..•..........,Tt/jjjn� Ilik DRIVE v > , C1:_ _ __ i = \ o• 1 "s9UNT`I t/ii • 446 NEED/WHY/ BENEFITS • The developer has completed all required public improvements and is now requesting release of the aforementioned surety bonds, pursuant to California Government Code Section 66499.7(a). • The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends acceptance of these improvements. ANT I N G T wk ••••(09\• \'9.�� %i ce>' •_ % er. UNT`I i 447 DETAILS • The constructed public improvements include: • Curb, gutter, and sidewalk, along the project's Cameron Lane frontage • Utility connections to the public water and sewer main within the public street frontage. • A Guarantee and Warranty Bond has been submitted by the developer to provide a one- year warranty period to the City for the subject public improvements. �� � NT I NGT 0 _ 41 'I N�pRPOR4TF••• Nik c' • - _ . = 1 ' JCGNTN %\*/' 448 RECOMMENDATION A) Accept the improvements constructed and dedicated for public use with the Cameron Townhome Project (Tract 19154), and instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder; and, B) Accept Guarantee and Warranty Bond No. CMS0349976M; the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, C) Instruct the City Treasurer to release the Faithful Performance Bond No. CMS0349976, Labor and Materials Bond No. CMS0349976 and Monument Bond No. CMS0349977, pursuant to the California Government Code Section No. 66499.7(a); /t1"��NT D) Instruct the CityClerk to notifythe developer, Shea Homes Limited Partnership, F° '••,o)�` of this action, and the City Treasurer to notify the Surety, RLI Insurance Company, of this action. ; • 4 - " Q COUNTY 449 ., l Questions ? ,, . -, , , .. .,: , �5. ,, . , ,,,...„:.,.,,,, ,, . „,,,...;,,. . ...• 4 1F ,tr(" pu+.,. 1, ' - .,.,I ` ti Tf r , L 1, - :i,,,-VI ilulako, I- 1 to -' r.-1..L. ...7_,.,, =, 4,, ,,,, = , „,;,,,, ,i w " �-.:Zy ..._'�v_,_ 0 'cuss' ..fit a �.g 'S' "' r.-.A.e. ( ..3...,-.; 7_, ,,.. ....._, ...„,,,,,,o,„,,,,-, ...,:.-.-, ,,,,,*,r, :sue ,, I ds �, �. , .L .,,,,r,„.',..:,,,..„,...,---4.:(„...:7,.-_,..,'..r4,1i--0- ..,,,,, ..,,,,t,,t,..1„,*:,-,:,,.:„:-.:.,_,i,„..,.. _ .,�-•� _ fir" �� § 6 4'4.c. m.c a "•t.- -�y a • �^ t �. �' - Ks,�• R+ t ! m:w 450 e yTlNsm 09 �s oFo�FGTo City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 o (714) 536-5227 ♦ www.huntingtonbeachca.gov az at ?cF• Bextqu�� ����0 ��7 Office of the City Clerk LoUNr(`cP'- Robin Estanislau, City Clerk September 25, 2024 Shea Homes Limited Partnership Attn: Cory Yoder, Community Development Manager 2Ada Irvine, CA 92618 Re: Accepted Public Improvements; Released the Securities for, and Accepted Guarantee and Warranty Bond for the Cameron Townhomes Project-Tract 19154 Please be advised that on Tuesday, September 17, 2024 the City Council of the City of Huntington Beach took the following actions: A) Accepted the improvements constructed and dedicated for public use with Tract 19154, and instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (Attachment 2) with the Orange County Recorder; and, B) Accepted Guarantee and Warranty Bond No. CMS0349976M (Attachment 3), the security furnished for guarantee and warranty of public improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, C) Instructed the City Treasurer to release the Faithful Performance Bond No. CMS0349976, Labor and Material Bond No. CMS0349976 and Monument Bond No. CMA0349977; and, D) Instructed the City Clerk to notify the developer, Shea Homes Limited Partnership, of this action, and the City Treasurer to notify the Surety, RIL Insurance Company, of this action. Sincerely, Sincerely, gddlielizidAd Robin.Estanislau City Clerk Sister City: Anjo, Japan g:/followup/tract/release bonds for tract-letter.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: q/2y/(71'y SUBJECT: Bond Acceptance I have received the bonds for /,6 ) (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. C/4503/sq?A,j Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. / Approved g1/7102d c21 (Council Approval Date) CC No. Agenda Item No. - b/k MSC No. City Clerk Vault No. yc2.0. &'O Other No. SIRE System ID No. el__J gJforms/bond transmittal to treasurer -r 2000 Main Street, " Huntington Beach,CA 7 City of Huntington Beach 92648 `c, 'rr,mi,•, � File #: 22-706 MEETING DATE: 9/6/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Steve Bogart, Senior Civil Engineer Subiect: Substitution of Subdivision Agreement with Shea Homes Limited Partnership and Bonds for the Cameron Townhomes Project (Tract 19154) Statement of Issue: A replacement Subdivision Agreement and the associated bonds are submitted to the City Council for execution and acceptance for the Cameron Townhomes Project (Tract 19154), because the project has recently been acquired by a new developer, Shea Homes Limited Partnership. Financial Impact: No City funds required to implement the substitution of subdivision agreement and bonds. Recommended Action: A) Approve the Subdivision Agreement by and between the City of Huntington Beach and Shea Homes Limited Partnership for the Cameron Townhomes Project (Tract 19154), and authorize execution by the Mayor and City Clerk; and B) Accept Faithful Performance Bond No. CMS0349976 for $94,495.50, Labor and Material Bond No. CMS0349976 for $47,229.75 and Monument Bond No. CMS0349977 for $1 ,800.00, the sureties furnished for installation of the required public improvements, and instruct the City Clerk to file the bonds with the City Treasurer; and C) Release the Faithful Performance/Labor and Material Bond No. 1001181018 and Monument Bond No. 1001181019 and instruct the City Treasurer to notify the surety company, American Contractors Indemnity Company of such Council action. Alternative Action(s): Deny the recommended actions, and direct staff accordingly. Absent this new agreement and bonds, City of Huntington Beach Page 1 of 2 Printed on 8/31/2022 powerc224 Legistar- File#: 22-706 MEETING DATE: 9/6/2022 the City would lack the desired sureties to achieve the developer's fulfilment of their project's required public improvements. Analysis: On October 12, 2021, the Planning Commission approved Tentative Tract Map No. 19154 to subdivide approximately 0.91 acre into 1 numbered lot for condominium purposes. The Planning Commission also approved Conditional Use Permit No. 21-006 as part of the proposed project. Subsequently, on June 7, 2022, the City Council approved Final Tract Map No. 19154 and the Subdivision Agreement between the City of Huntington Beach and S.G.V. Property Fund, LLC, and also accepted the project's required bonds as follows: Faithful Performance Bond No. 1001181018 for $94,495.50, Labor and Material Bond No. 1001181018 for $47,229.75, and Monument Bond No. 1001181019 for $1,800. In conformance with the project's Conditions of Approval and Code Requirements, the original project developer, S.G.V. Property Fund, LLC, has submitted project plans to the City and obtained grading and building plan approvals. However, during the latter part of this process the project was sold to a new developer, Shea Homes Limited Partnership. Prior to issuance of the project's grading and building permits, the City is requiring a new, replacement Subdivision Agreement to be executed with Shea Homes and new bonds to be submitted to ensure satisfactory completion of the project's required public improvements. Shea Homes Limited Partnership has submitted for City Council approval a replacement Subdivision Agreement and bonds per the following parameters: Faithful Performance Bond No. CMS0349976 for $94,495.50, Labor and Material Bond No. CMS0349976 for $47,229.75 and Monument Bond No. CMS0349977 for $1,800.00. The original bonds may be released by the City Treasurer's office since escrow has closed in the sale of the subject property and the previous developer, S.G.V. Property Fund, LLC, has no further interests in the property. Public Works Commission Action: Not required. Environmental Status: The agreement is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Subdivision Agreement 2. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 2 of 2 Printed on 8/31/2022 powere2l2gy Legistar- SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA HOMES LIMITED PARTNERSHIP FOR TRACT NO. 19154 THIS AGREEMENT ("Agreement") is entered into this �j day of 20,U—, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Shea Homes Limited Partnership, a California limited partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 19154; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys,and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one(1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of g/agree/surfnet/subdivision I the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW,THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems,including the construction of water mains,services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, g/agree/surfnet/subdivision 2 including perimeter walls and landscaping required by the conditions of approval of the subdivision map,prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants,replacing unsuitable plants,performing weed,rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one(1)year guarantee period,the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its awn cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY g/agree/surfnet/subdivision 3 Inspection of the work and/or materials,or approval of work and/or materials,or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense,pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall,pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance,provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Ninety Four thousand Four Hundred Ninety Five and 50/100 Dollars ($94,495.50), which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: g/agree/surfnet/subdivision 4 Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Forty Seven Thousand Two Hundred Twenty Nine and 75/100 Dollars($47,229.75), which is fifty percent(50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1)year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. g/agree/surfneUsubdivision 5 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including without limitation,costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death,property damage, inverse condemnation, or any combination of these, and resulting from any act or omission(negligent or nonnegligent)in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend,hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public 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 g/agree/surfnet/subdivision 6 provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: l. 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. g/agree/surfnet/subdivision 7 The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.)immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by g/agree/surfnet/subdivision 8 enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery,reputable overnight courier or U. S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach Shea Homes Limited Partnership ATTN: Director of Public Works ATTN: Cory Yoder— Community Development Manager 2000 Main Street Huntington Beach, CA 92648 2 Ada, Suite 200 Irvine, CA 92618 15. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or g/agree/surfneUsubdivision 9 excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnettsubdivision 10 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe,interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. SIGNATORIES g/agree/surfnet/subdivision 11 Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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. g/agree/surfnet/subdivision 12 SUBDIVIDER, CITY OF HUNTINGTON BEACH, a municipal SHEA HOMES LIMITED PARTNERSHIP, a corporation of the State of California California Limited Partnership By: �1 - p a c int name Ma or ITS: Authorized Agent Cily Clerk AND INITI AND APP VED: rector of ublic print na, a EVIEWE AND APPROVED: ITS: Authorized Agent City ager APPROVED AS TO F RM: M .& T�t City Attorney Ud g/agree/surfnet/sublivision 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 28, 2022 before me, Justine J. Dellinger, Notary Public (insert name and title of the officer) personally appeared --------------Cory Yoder - and Matthew R. Harley ----------------- 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. WITNESS my hand and official seal. eMy JUSTINE J.DELUNGER Notary Public-CaliforniaOrange County 9 Commission a 2270790 Comm.Expires Jan 10,2023 Signature (Seal) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) F, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cler DATE: SUBJECT: Bond Acceptance I have received the bonds for ZM,/TL7 (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 c '/ Faithful Performance Bond No. /�J Q `/ �V-7% Labor and Material Bond No. � S 0 7' 710 Guarantee and Warranty Bond No. Monument Bond No. � S 0 3 7 7 Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 9zlS (Council A proval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. . Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer FSUNU NU. croso149976 PREMIUM $567,00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Homes Limited Partnership,a California limited partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public Improvements,which said agreement,dated 20_,and identified as projecto`""r°"Lane,Tract No.]9i is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, Now,therefor,we,the principal and RLI Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of Ninety Four Thousand Four Hundred Ninety Five and 501100 dollars($94,495.50 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents, The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions In the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and In the manner therein specified,and in all respects according to their true Intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered, FAITHFULL PERFORMANCE BOND FM..doc The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications, In witness whereof,this instrument has been duly executed by the principal and surety above named,on July 21st 2022 Shea Homes Limited Partnership,a California limited partnership,as Principal By *See attached signature block ay RLI Ins e Company as Surety By By Edward C.Spector,Attomey-in-Fact AP�AS By: MICHAEL E.GATES `1 CITY ATTORNEY CITY OF HUNTINGTON BEA .H FArrHFULL PERFORMANCE BOND FM..doc Bond Number:CMS0349976 SHEA HOMES LIMITED PARTNERSHIP, a California li ited partnership By: Name. Gina Gordon Title: Authorized Agent By: Name: Title: John C.Danvers AuftdzedAgent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles JUL 2 1 2022 On before me,Marina TWia, Notary Public,personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(#) is/e--.e subscribed to the within instrument and acknowledged to me that he/a4e/tom executed the same in his/ /tom authorized capacity(ies), and that by his/ €/€ signature(@) on the instrument the person(*), or the entity upon behalf of which the person(e) 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. MARINATAPIA WITNESS my hand and official seal. � COMM.#2333302 < X di C NOTARY PUBLIC-CALIFORNIA 07 > I.. LOS ANGELES COUNTY (A My Comm.ExOres Od 7,2024 Signature q r�"aA"� dvt--) Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 25, 2022 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared --------------- Gina Gordon and John C. Danvers ------------------d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. WITNESS my hand and official seal. BONNIEMACEWAN-CAMPBELL Notary Public•California = Orange County 9 .` Commission/2407104 `• o•"" My Comm,Expires Jun 6,2026 Signatures"� � - (Seal) POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby snake,constitute and appoint: Janina Monroe Michelle Haase Timothy Noonan Adriana Valenzuela Jennifer Ochs Martha Batreras Sarah Campbell,Rhonda Larson Charles R Teter III B.Aleman Erin Brown D.Garcia Simone Gerhard Edward C Spector Ethan Spector,Marina Tapia,KD Wapato Rachel A Mullen Lisa Marie Saumur,jointly or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenly Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of February_, 2022 0,,,,,,,,, ���,,,,,,,,,,,,� RLI Insurance Company 10ao\NGANO;NSG9, / �JPPNpECp Contractors Bonding and Insurance Company oOOap O�4rct•�ym `Qy:'OOpPORAT`E-•�'L'4 n' _ = SEAL . By: a SEAL ,, - = Barton W.Davis Vice President State of Illinois .....00" 11,1.1,110" SS County of Peoria CERTIFICATE On this 21 st day of February 2022 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance. Company and/or Cp� ac rs B nding and Insurance Company this day of 11 • By: �Ry�,�- �.xxa RLI Insurance Company Catherine D.Glover Notary Public Contractors Bonding and Insurance Company CATOFFICIS C.GLOSEAL. / L � „ounr OFFICIAL BELL. B �„J nwc Notary Pubib-8uta Of INinols y' #rAMO MyCommlwlonExpaa Jeffrey D icl Corporate Secretary March 24 2f)24 0415930020212 A.00581319 BOND NO, CMS0349976 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Shea Homes Limited Partnership,a California limited partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated , 20 , and Identified as project Cgrnernn lane Tract No. 19154 _, is hereby referred to and made a part hereof;and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made In Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Forty Seven Thousand Two Hundred Twenty Nine and 75/100 dollars (g 47,229.75 ),for materials furnished for labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such work or labor,that said surety will pay the same In an amount not exceeding the amount hereinabove set forth,and also in case suit Is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall Insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise It shall be and remain in full force and effect. 1 The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. in witness whereof,this Instrument has been fully executed by the principal and surety above named, on July 21st 20 22 Shea Homes Limited Partnership,a California limited partnership as Principal By "See attached signature block By RLI Insurance Company as Surety BY By Edward C.Spector,Attorney-in-Fact APPROVED AS TO FORM By: —V—\� GATE SS TYRN CM OF HUNTINGTON BEACH 2 Bond Number:CMS0349976 SHEA HOMES LIMITED PARTNERSHIP, a California li ited partnership By: Name, Gina Gordon Title: Authorized Agent By: Name: John C.Danvers Title: Authorized Agent i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 2 1 2022 before me, Marina Tapia, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(e) whose name($) is/ffo subscribed to the within instrument and acknowledged to me that he/o4o/4ioy executed the same in his/4ff/t4e€authorized capacity(iea), and that by his/her/tom signature(e) on the instrument the person($), or the entity upon behalf of which the person(e) 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. MARINATAPIA WITNESS my hand and official seal. LO •• COMM.#2333302Cn < IX ? A •9 NOTARY PUBLIC-CALIFORNIA U) > /.; LOS ANGELES COUNTY 0 My Comm.E)Ores Oct 7,2024 Signature Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 25, 2022 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared --------------- Gina Gordon and John C. Danvers ------------------d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. WITNESS my hand and official seal. , BONNIE MACEWAN•CAMPBELL _ . _ Notary Public CalHornla Orange County Commission k 2407104 i `•:«� My Comm,Expires Jun 6,2026 tt; V Signature ti (Seal) POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr, Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Janina Monroe Michelle Haase Timothy Noonan Adriana Valenzuela Jennifer Ochs,Martha Barreras,Sarah Campbell,Rhonda Larson Charles R.Teter III B.Aleman Erin Brown D. Garcia Simone Gerhard Edward C. Spector,Ethan Spector,Marina Tapia,KD Wapato Rachel A Mullen Lisa Marie Saumur,iointly or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of February 2022 ,,,,,,,,,,,. ,,,,,,,,,,,, RLI Insurance Company OONDV,.....1n,S ��J��ANCE�o Ay'' Contractors Bonding and Insurance Company %.00 DRArF•.2m-! ���• pORPOq,�T�•�`Z /// I _ _ • _ W y SEAL = SEAL By.Barton W,Davis Vice President 0• '2. 14 State of Illinois +L`NO,S`"` N Ok SS County of Peoria CERTIFICATE On this 21 st day of February 2022 ,before me,a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and firrther-more, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Pourer of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have he set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this_ _day of BY: 1,,�. _RLI Insurance Company Catherine D.Glover Notary Public Contractors Bonding and Insurance Company CATHER March 21 20Z1 NE D.GLOVER xoru,r OFFICIAL SEAL. wwc Notary Public-ShU of 1111 BY: WATI!a, MyCommwbnF.�lns Jeffrey icl Corporate Secretary 0415930020212 A0058D 19 BOND NO. CMS0349977 PREMIUM v000n MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Homes Limited Partnership,a California limited partnership as Subdivider of Tract No, 19154 In the City of Huntington Beach,County of Orange,State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Shea Homes Limited Partnership,a California limited partnership (Subdivider) as principal,and RLI Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or In connection with said tract,as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$1,800.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 21st day of July 20 22 Shea Homes Limited Partnership,a California limited partnership as Principal By "See attached signature block By RLI nc Com as Surety By —t - 61" By Edward Q.Sgector.Attomev-in-Fact t Bond Number:CMS0349977 SHEA HOMES LIMITED PARTNERSHIP, a Californi limited partnership By: Na e: Gina Gordon Title: Authorized Agent By: �--- Name: l Title: John C.Danvers Authorized Agent APPRO�STOM By: ;-VY7I CHAEL E. GATES Crry CITY OF Nn GTON BEACH CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 25, 2022 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared --------------- Gina Gordon and John C. Danvers ------------------d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. WITNESS my hand and official seal. >h BONNIE MACEWAN-C MPBELL Notary Public-California = Orange County — . Commission M 2407104 °•use•"� My Comm.Expires Jun 6,2026 .Signature' i _" _2v c LL (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 2 1 2022 before me,Marina Tapia,Notary Public,personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(g) whose name(e) is/er@ subscribed to the within instrument and acknowledged to me that he/ate/tom executed the same in his/4ff/dw4 authorized capacity(4s), and that by his/ /tom signature(e) on the instrument the person(o), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, ��''• MARINATAPIA WITNESS my hand and official seal. J COMM.#2333302 < NOTARY PUBLIC-CALIFORNIA U) .; LOS ANGELES COUNTY Un My Comm.Expires Oct 7,2024 Signature Signature of Notary Public POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the "Company")do hereby make,constitute and appoint: Janina Monroe Michelle Haase Timothy Noonan Adriana Valenzuela Jennifer Ochs Martha Barreras Sarah Campbell,Rhonda Larson Charles R.Teter III B.Aleman Erin Brown D. Garcia Simone Gerhard Edward C. Spector Ethan Spector Marina Tapia KD Wapato Rachel A Mullen Lisa Marie Saumur,jointly or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of February_, 2022 ,,,,00„"M,, „�,,,N,C�,,, RLIInsur•anceCompany AD AND Contractors Bonding and Insurance Company tih •GOaP Og4T�,•ym =�, GOpPOqATF•�9�% ` ---� SEAL By. _ SEAL :,D Barton W.Davis Vice President •�LLINO+S IN 0` SS State of Illinois l +.....0"" J} County of Peoria CERTIFICATE On this 21st day of February 2022 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance l Company this day of UL 4 1 22 By, lnl�,�- RLI Insurance Company Catherine D.Glover Notary Public Contractors bonding and Insurance Company W ATOFFICI?C.GLOVEROFFICIAL SEAL ary Public-Stete of IWnoleBy' MyCommtabn Expires Jeffrey is Corporate Secretary fdnoh 24 2024 0415930020212 A005 8D 19 ........... RECEIVED BY: ; CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) H CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: IG`/�3L2 SUBJECT: Bond Acceptance j i I I have received the bonds for - C• V �t'l',(.�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. ccu g/O/$ Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. lDUII I I ,F Franchise Bond No. Letter of Credit Bond No. Other i Re: Tract No. ��SL� Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. /2U• 6'0 i Other No. SIRE System ID No. � � I g:/forms/bond transmittal to treasurer +� II 1 Bl'PA6il6b 7-0 2000 Main Street, Huntington Beach, CA 92648 City of Huntington Beach File #: 22-472 MEETING DATE: 6/7/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Tess Nguyen, Associate Planner Subiect: Approve Final Tract Map No. 19154, accept Bonds, and authorize execution of a Subdivision Agreement for the Cameron Lane Townhomes Subdivision by S.G.V. Property Fund, LLC at 17532 Cameron Lane Statement of Issue: Presented for your consideration is Final Tract Map No. 19154 for the Cameron Lane Townhomes Residential Subdivision by S.G.V. Property Fund, LLC at 17532 Cameron Lane (east side of Cameron Lane, south of Slater Avenue). This map subdivides an approximately 0.91 acre parcel into 1 numbered lot for condominium purposes. Financial Impact: Not applicable. Recommended Action: A) Approve Final Tract Map No. 19154 and accept the offer of easement 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 S.G.V. Property Fund, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 1001181018, Labor and Material Bond No. 1001181018 and Monument Bond No. 1001181019 as sureties (Attachment No. 7) for the installation of the subdivision's required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, American Contractors Indemnity Company of this action. Alternative Action(s): The City Council may make the following alternative motion(s): City of Huntington Beach Page 1 of 3 Printed on 6/1/2022 powere374 Legistar— File #: 22-472 MEETING DATE: 6/7/2022 1. Deny approval of Final Tract Map No. 19154 and execution/acceptance of the Subdivision Agreement/Bonds. 2. Continue approval of Final Tract Map No. 19154 and execution/acceptance of the Subdivision Agreement/Bonds. Analysis: A. PROJECT PROPOSAL Applicant: Jennifer Colicchio, Land Development Consultants, 1520 Brookhollow Drive, Suite 33, Santa Ana CA 92705 Property Owner: S.G.V. Property Fund LLC, 119 E. Saint Joseph Street, Arcadia CA 91006 Surveyor: Michael Navarro, 1300 Nanwood Street, La Habra CA 90631 Surety: American Contractors Indemnity Company, 801 S. Figueroa Street, Los Angeles CA 90017 Location: 17532 Cameron Lane (east side of Cameron Lane, south of Slater Avenue) General Plan: RMH (Residential Medium High Density) Zone: RMH (Residential Medium High Density) No. of Acres: 0.91 No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 18 B. BACKGROUND On October 12, 2021, the Planning Commission approved Tentative Tract Map No. 19154 to subdivide approximately 0.91 acre into 1 numbered lot for condominium purposes. The Planning Commission also approved Conditional Use Permit No. 21-006 as part of the proposed project. The Planning Commission discussed issues related to perimeter walls, undergrounding utilities, sidewalks, provision of a dog park on the project site, and allowed uses in garages. A motion was made by Rodriguez, seconded by Acosta-Galvan, to approve Tentative Tract Map No. 19154 with findings and modified conditions of approval, carried by the following vote: City of Huntington Beach Page 2 of 3 Printed on 6/1/2022 powere3-14 Legistar" File #: 22-472 MEETING DATE: 6/7/2022 AYES: Rodriguez, Acosta-Galvan, Perkins, Ray, Mandic, Scandura NOES: None 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 October 12, 2021. The conditions require certain easements benefit the City for various public purposes such as street and public utility, police and fire access, and access and inspection. Also presented for City Council approval and execution are the required Subdivision Agreement (between the City and S.G.V. Property Fund, 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. 19154 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: Economic Development & Housing Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map No. 19154 4. Planning Commission Notice of Action for Tentative Tract Map No. 19154 with Findings and Conditions of Approval 5. Tentative Tract Map No. 19154 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 3 of 3 Printed on 6/1/2022 powereZEO Legistar- 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Donna Switzer, Deputy City Clerk FROM: Steve Bogart, Senior Civil Engineer DATE: June 9,2022 SUBJECT: TRACT MAP 19154 CAMERON TOWNHOMES (17532 Cameron Lane) THE ATTACHED ORIGINAL TRACT MAP IS READY FOR RECORDATION. Please Contact the Title Company listed below and request that they pick-up the attached Tract Map. At the time of pick-up please forward a copy of this memo and the attached Tract Map and request that they obtain all necessary County of Orange signatures and record it for their client. Title Company: Fidelity National Title Company Street Address: 2365 Northside Drive, Suite 600 City, State,and Zip code: San Diego,CA 92108 Contact Title Officer: Theresa Robertson Telephone Number: (619) 521-3552 Email: theresa.robertson2ctt.com Commitment/Order Number: 00150167-996-SD1-RT4 Client: George Voigt S.G.V.Property Fund,LLC Address: 119 E St Joseph St Arcadia,CA 91006 Phone: (562)-400-4473 Cell Surveyor: Michael Navarro,PLS Land Development Consultants 1520 Brookhollow Drive,Suite 33,Santa Ana,CA 92705 Phone: (714)557-7700 Regarding: CAMERON TOWNHOMES (17532 Cameron Lane) Upon the City Clerks receipt of the recorded copy of documents, please send a copy of the Tract Map to all contacts listed below: 1. County of Orange Resources&Development Management Department 300 N. Flower Street Santa Ana, CA 92702-4048 Attn: Lily Sandberg, Orange County Surveyor's Office 714-967-0846 2. HB Planning Department Attn: Tess Nguyen 714-374-1744 3. FIB Public Works Department Attn: Steve Bogart 714-374-1692 CITY OF HUNTINGTON BEACH Inter-Department Communication . Community Development Department TO: City Clerk VIA: Ursula Luna-Reynosa, Director of Community Development Ul Ljz_ FROM: Tess Nguyen, Associate Planner DATE: June 9, 2022 SUBJECT: NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT MAP NO. 19154 AND AUTHORIZATION FOR RELEASE FOR RECORDING Tract Number: 19154 Parcel Map Number: N/A PARK AND RECREATION FEES PAID: Q YES: $240,930.00 ❑ NO ❑ OTHER: DEVELOPER: S.G.V. Property Fund LLC City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov EB Office of the City Clerk l7 1909 Robin Estanislau, City Clerk June 15, 2022 Fidelity National Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Attention: Theresa Robertson (619) 521-3552 Re: Order No. 00150167-996-SDI-RT4—Tract Map No. 19154 George Voigt— S.G.V. Property Fund, LLC —Cameron Townhomes (17532 Cameron Lane) The City Clerk's Office has prepared Final Tract Map No. 19154 — Cameron Townhomes (17532 Cameron Lane) to be recorded with the County. Please have a copy of the recorded map returned to the Steve Bogart, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. / & Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Received by: 1 / Date: Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand g1followup/tract/escrow pick-up.doc ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19154 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 19154 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedication for street and public utility purposes over Cameron Lane. 2. Accept Easement "A" over private streets and sidewalk purposes within said tract for Police and Fire Department access purposes. 3. Accept Easement "B"for water quality infiltration basin area access and inspection purposes. 4. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 381 e go ARGM MCF ODDKMX ♦ Em wAnrrn ♦ sLATm A ♦ 000. TAL.W= ♦ .C."MLD �YOY7CTOwN 5 � J F ADANH ATLANTA 4t ull l 1 BA"r n VICINITY MAP TENTATIVE TRACT MAP NO. 19154 AND CONDITIONAL USE PERMIT NO. 21-006 (CAMERON LANE TOWNHOMES- 17532 CAMERON LANE) 382 SHEET' OF`sS TRACT N O 19154 ACCEPTED OF AT THE MAW OFLOTS i NUMBERED REQUEST of GROSS AREA: 4917 SO.FT,/O.230 ACRES • FIDEUTY NATIONAL TITLE NET AREA: 39,537 SO.FT./O.210 ACRES IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE DATE OF SURVEY: MAY 2021 TIME ALL OF TENTATIVE TRACT NO.12154 BEING A SUBDIVISION OF LOT 12 OF TRACT NO.405,AS PER MAP FILED IN BOOK 16,PAGE 31, OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OFFICE OF SAID COUNTY. INST"ENT NO, FOR CONDOMINIUM PURPOSES BOOK PACE MAY 2021 HUGH NGUYEN GO COUNTY CLERK-RECORDER MICHAEL NAVARRO LS 7848 BY: DEPUTY ONNEIMyp CERRT#7C4TE S RYEYOR S STA)E1ffNT TIE; THE UNDERSIGNED,AVG ALL PARTIES HANNG ANY RECORD TITLE INTEREST W TE LAND THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD COVERED BY THIS MAP, DO HEREBY CONSENT TO Tiff PREPERA77ON AND RECORDATION OF SURVEY IN CONFORMANCE WTH THE REQUIREMENTS OF THE SU80VNSILN MAP ACT AND SAID MAP,AS SHOWN WTHW THE OSI NC77W BORDER LANE. LOCAL ORDINANCES AT THE REQUEST LF SG V.PROPERTY FUND,LLG IN MAY Or 2021. I HEREBY STATE THAT ALL MONUMENTS ARE ON PC CHARACTER AND OCCUPY THE THE REAL PROPERTY DESOWKD BELOW IS DEDICATED TO THE CITY OF HUNTINGTON BEAM AS POSITIONS INDICATED, OR THAT THEY WLL BE SET IN SUCH POSITIONS W7W 90 DAYS AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES CAMERON LANE AFTER ACCEPTANCE ON IMPROVEMENTS AND THAT SAID MC NAIENTS ARE SUFFICENr TO ENABLE THE SURVEY M BE RETRACED. I HEREBY STATE THAT THIS FIML MAP WE ALSO HEREBY DDXCAlE 70 7HE CITY OF HLWTINGTON BEACH' SUBSTANTIALLY CONFORMS TO THE CONLVTKNALL Y APPROVED 7ENTA77W MAP. 1. THE EASEMENT OVER PRIVATE STREETS AND SIDEWALKS WINN SAID TRACT FOR POLICE W AND FIRE DD ARMENT ACCESS PURPOSES 2. AN EASEMENT FAR WATER QUALITY AIR ORATION BASIN AREA ACCESS AND INSPECTIaN !C• � PURPOSES PIMA L I AVARRO,L. 7848 DA My TxAW SGV.PR TY FUND,LLC LICENSE EXPRES 12/50/2022 y o+ t2lmin y LY BY LIEkaax CE /.I CT, MANAGER DATE BY �IYI/l 4 •y CITY ENGINEERS STATEMENT J47 GRd1S MANAGER DATE I HEREBY STATE THAT I HAVE EXAAWNED TINS MAP MIDI HAVE FOUND IT TO BE I SUBSTANTIALLY AI cawa WAAAX WTH THE TENTA)7W MAP, AS FILED WIN. AMENDED AND APPROVED BY THE CITY PLANNING COMMISSNON; THAT ALL PROWSIOVS OF THE 9MW90N MAP ACT AND CITY SUBDIVISION REQAA77OVS HAW BEEN COMPLIED WIN. RFNFFTOAMYS STATEMENT TAS STATEMENT WLL TAKE EFFECT UPON THE DATE WN1M THE COUNTY OF ORANGE APPROKS THE MAP AS TECHNICALLY CORRECT. ROYAL BUSINESS SAW( AS BENEFICIARY UNDER A DEED OF TRUST RECORDED MARCH 29, 2021 AS INSTRUMENT NO 2=0002126J1 OF O DIAL RECORDS DATE T`HIS_�r /��/D7A�Y OF �Ay 2022 BY.• BY.• BY.• _/O11�I�//[L1.1// DATE 515. NAME:7w^II u NAME: N }e 9 TH0.S MOH 1 N SJJ00 • y IDLE:S'F• ✓ifL P�4AY L- L n� TI�V(t VVE1,t CITY ENGINEER CITY OF HUNTINGTON BEACH �L. GYJUNTY SURYEYLIPS STATEWDS! NOTARY Ad(NOW EDCMENT.• I HEREBY STATE INAT I HA VE EXAMINED THIS MAP AND HA VE FOUND THAT ALL MAPPING A NOTARY PUBLIC OR OTHER OFFICER COMPLETING TAS CERTOCA IF VERIFIES ONLY PROVISIONS ON Tff SUBDIVISION MAP ACT HAVE BEEN COMPLIED WIN AND I AM SAASRED THE IDENTITY OF INE INDIVIDUAL WHO SIGNED T E DOCUMENT TO POCHH THE SAID MAP IS IECWCAUY CORRECT. CER77FICATE IS ATTACHED, AND NOT THE 7RUTNFULNESS, ACCURACY, OR YAUOIrY DATED THIS DAY OF 2022 OF THAT DOCUMENT. KEVIN R. HILLS COUNTY SURVEYOR STATE OF CALIFORNIA)SS P.L.S. 6617 COUNTY O"ORANGE -�• ON 1 t 1011,BEFORE '3 y LB' A NOTARY BY.• [LILY SANOBERG DEPUTY COUNTY SURVEYOR PUBLIC,PERSONALLY ME e rt YHO WD 70 ME ON THE BASS P.L.S. 8402 OF SATISFACTORY ENDENCE 10 BE IlE PE ON(S)M (S JS/TINE SUBSCRIBED TO THE WININ INSTRUMENT AND AGXNOW£D(ED TO ME INAr EXEGUTD THE SAME AV N/T /TffIR AUTHORI2ED CAPACITYjr£S),AND THAI r BY /NOR SOMA 1URES(S) al WSMLWNT THE PERSON(S),OR THE ENTITY UPON BEHALF ON WAC4 TE PERSON(S) ACTED,EXECUIED THE INSMILWENT. CITY amS CER7IFTCA7E I CERTIFY UNDER PENALTY OF PEILLRY UNDER 7W LAMS OF THE STATE OF CALIFORNIA THAT STATE OF CALIFORNIA/ THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. AD,N OF ORANGE JU SS WTNESS MY HAND /_�q-- I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FAR APPROVAL 70 THE CITY COUNCIL O" SIONAIlME �dV�11F/III MY PR P P Cf O�BUSINESS �CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD CN Tff_DAY ON 2022 AND THAT IEREUPON SAID C0UFKX DO.BY AN ORDER DULY NOTARY PUBLIC IN AND FOR IS IN COU NTH. PASSED AND ENTERED!, APPROVE S40 MAP. AND DO ACCEPT ON BEHALF OF THE OTY ON SAID STATE HUNTINGTON BEAM, SUB.FCT R7 YffROWMENTS, Tff DEDICATION A' THE EASEMENT FOR ltjL I fTu4R MY CDMwss oN EUPIRES.LIg14�1tLt STREET AND PUBLIC UTILITY PURPOSES OF: CAMERON LAME (NAME PRINTED) AND DID ALSO ACCEPT ON BEHALF OF THE arr OF HUNTINGTON BEAM: F. THE EASEMENT OVER PRIVA IF STREETS AND SIDEWALKS WTH/I SAID TRACT FOR POKE SEE SFEFT 2 FEAR ADIOIONAI.NOTARY ACIMNEEDGE11EHT CERW_4IrS AND FIRE DEPARTWENT ACCESS PURPOSE$AS DEDICATED. 2. THE EASEMENT FOR WATER QUALITY IIFX TRATCN BASIN AREA ACCESS AND INSPECTION PURPOSES;AS DEDICA 70. AND DID ALSO APPROVE SUB,ECT MAP PURSUANT TO THE PROVISIONS OF SECTION 664J6 (oXJXA)OF THE.SUWWSON MAP ACT. THIS STATEMENT PULL TAKE EFFECT L*,av THE DATE UPON WIOH THE COUNTY OF ORANGE APPROVES THE MAP AS 7EClWICAUY CORRECT. DATE THIS DAY OF 2022 COUNTY Aa/RFR-FAX[.YYLFCTCIRS CER71FTC47E ROBIN ESTACLERK, 17Y Br STATE ON CAUFORM�A� CITY CIERX, CITY ON HUNTNCTOV BEAM DEPUTY 55 COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, WERE ARE NO LENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART TERECF FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAT£$ P/ANNA •Commay amiz i J EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. 1, CMSALA LUNA-REYNOSA, SECRETARY 70 THE PLANNING C06WS90N OF THE CITY OF AND DO CERTIFY TO TIE RECORDER ON ORANGE COUNTY THAT THE PROVISIONS OF THE HUNTINGTON BEACH CALIFORNIA,DO HEREBY CERTIFY THAT I HAVE EXAMINED TINS MAP AND SUBDIVISION MAP ACT HAZE BEEN COMU£D WIN REGARDING DEPOSITS TO SECURE PAYMENT NAVE FOUND IT TO BE SUBSTANTIALLY THE 54AC AS THE 7EWTA77W MAP AS RED W7H, OF TAXES OR SPEOAL ASSESSWEN73 COLLECTED AS TAXES ON THE LAND COVERED BY INS AMENDED AND APPROVED BY THE HUNTINGTON BEAM CITY PLANNING COA4HSSION, MAP. DATE THIS -It4M DAY OF MAy 2022 DATE IHIS DAY OF 2022 n V 1 eL IAnA 4 �I •--- ...- SHARI L.FREOENRICH BY., URSULA LUNA-REMOSA COUNTY TREASURER-TAX COLLECTOR TREASURER-TAX COLLECTOR SECRETARY TO THE PUNNING COMMISSION LL d'HUNTINGTON BEAM SIGMA 71M MOSSIONS THE FOLLOAM SIGNATURES Oc THE PARTIES NAMED HEREINAFTER AS OWNERS OF INTEREST SET FOURTH HAW BEEN QUITTED UNDER THE PROW9 NS OF SECTION 66346(XJ)(AXI-NA) OF THE 9WWSION MAP ACT, T/EIP INTEREST IS SUCH THAT IT CAMYOT RIPEN INTO A FEE IRE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. 1.SOUTHERN CAUFORM'A EDISON COYPANK A CORPORA TON,HOLDER OF AN EASEMENT FOR ELECTCAL VACS AND INCIDENTAL PURPOSES PER DOCUNENr RECORDED OCICiBER Jf, 19s1 IN BOOK 22411 PAGE 351 Or OFKYAL RECORDS MA 2DF49, IN TRACT NO. 19154 NUMBER OF LOTS , SQ.FT,ED GROSS AREA. 40,917 so.Fr,/a939 ACRES NET AREA; 39,E37 SO.FQ.0.910 ACRES IN 714E CITY OF H NTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE OF SURYEIS MAY 2021 ALL OF TENTAW TRACT NO.19154 BEING A SUBDINSION OF LOT 12 OF TRACT NO.JIM AS PER MAP FltID IN BOOK 16,PAGE 31, OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OFFICE OF SAID COUNTY. FOR CONDOMINIUM PURPOSES MAY 2021 GGI MICHAEL NAVARRO LS 7848 NOTARY AOKNONLEDGWENT, NOTARY ACXNOK[EDGAMVT.• A NOTARY PUBLIC OR OTHER OFFICER COUR.E77NG WS CERTfICATE WRIFES O&Y A NOTARY AaX OR OTHER OFICE COM R PLETING TRS CERWCA7E PERWES OK TE MNn7Y OIF THE #&WDUAL NHO SIDED THE DOCL4KNT TO WON THE THE MN77TY OF THE NOWDUAL W40 SIGNED THE DOCAENr TO WINCH TE CETWICATE IS ATTACMED, AND NOT THE TRUV#XAf= ACCURACY, OR VALPOTY OE7RTRCA/f IS ATTAOa AND NOT TE TRU"ULNESS, ACCURACY, OR VAUD17Y CF 7HAr DOYAENT. OF THAr DOCU19NT. STA 7E OF CALFORMA)J 57A 1E OF CAUFORMA 2 SS COUNTY OF ORANGE )� /� COUNTY CF GRANGE aN Ap2i l Ie 201Z BORE ME fiIC><Ps 05 knsen A NOTARY ON 202Z BEFORE NE, A NOTARY PUBLIC PERSONALLY APPEARID yCOMYM6 i, WO PROWD RX Alf CW THE BASIS PUBLIC,PERSLWAUY APPEARED NHO PRON:D TO NE LW T E BASIS OF S4173FACIVRY ENDENLE TO BE THE PERSGN(S)NHOSE NAE(s)IS/ARE SUBSOWSED M OF SAnSFACMRY ENDD E TO BE TE PERSON(S)NNOSE NAME(S)Is/ARE SUBSCRIBED TO TIE WHIN ASMAMENT AND AOOIONLEDGED TO ME THAT WVV E/THEY EXECUTED THE SAME VIE WININ WSMWLNT AND ALYMOMLEDCED TO ME TM r NE/SNE/iHEY EJtM7ED THE SAME N NS/NER/THOR AUWOWM CAPAOrY(ESA AND THAT BY NS/HER/THEW SILNA TARES(S) IN NS/HERIINER AUTHORIZED CAPA01703A AND THAT BY WS/HER/Tk7R RONA RXtES(S) ON THE Ns7RUMENT THE PERSCW(s),OR PE EN77 Y WON BEHALF OF*#CH THE PERSCW(S) LW THE INSTRUMENT THE PERSQV(SA OR TE ENTTY UPLW BEHALF OF NN ICH THE PERSON(S) ACTED,EXECUTED THE NSTR Mar.. ACTED,MCUTED THE AWMAIENT. I CERTIFY WER POWY OF Pf7PAARY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I CERT¢Y UNDER PiDNALrY OT F RANY UNDER THE LAWS OF THE STATE OF CAUFCRWA 7HAr THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. ME FOREGOING PARAGRAPH IS TRUE AND CORRECT. WNESS MY NAND., � WINESS MY HAND, SIGNATURE S -- MY PRINCMA PL.1�f�CF BUSINESS SIGMA RM MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC AV AND FOR IS. COUNTY. NOTARY PUBLIC N AND FOP IS N COUNTY. SAID STATE !,,r SAID STATE herex s e5s7 l 4sem MY CQWWON EXPIRES�'Rl.t1. MY COMMISSION EXPIRES (NAME PRINTED) NOTARY ACRNONLEM ENT.• A NOTARY PUBLIC OR OTHER OFFICER COMPLETING TBS CERTIRCA IE VERIFIES ONLY THE WEATrY OF THE #0WDUAL MHO SIGNED THE DOCUMFNr TO NWCH THE CERTFICATE IS ArrACIHED, AND NOT TE 7RUn*lILhE'n ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORMA 9S COUNTY OF ORANGE ON f}Qr,l teyiL,202Z BEFORE MIE, A(CxA5 QST�C40Mt" A NOTARY PUBLIC.PERSONALLY ARMW Tw5&M A►vrAS MHO PROYo TO ME ON TE BASIS OF SAn5FACMRY EIADENCE 70 BE THE PERSON(S)MHOSE NAME(S)Is/ARE SUBSCRIBED TO THE WININ N67RUMENT AND ACKNOMEEDGED M ME THAT HE/SHE/TNEY EXECUTED TE SAME N HIS/HER/7HEIR AUTHORIZED CAPACITY(ES),AND THAT BY NS/NER/BEIR SIGNAR S(S) CW THE NS7RUMENr TE PERSON(S),OR TE ENnrY URON BEHALF OF 0"TPE PERSONS) ACTED,EAECU7ED THE INSTRUMENT. I CERTIFY UNDER PU44TY CF PBLVRY UNDER THE LAWS OF THE STATE OF CALIFCRNIA THAT THE FOREGOWO PARAGRAPH IS TRUE AND CORRECT. WTNESS MY HAND: }� SIGNATURE -l���l/�+i/��— MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR lS IN COUNTY. SAID /7S�TA IF �� /7/�XIS OSI/Gr7546 MY COMMISSION EAPNES�Lam! 6x (NAME PIRW7E0) NOTARY AL7GNON-EDQWM7*,.• A NOTARY PUBLIC OR OTHER OFICER COIMPLEW THIS CERTF7CAIF WRFES OHLY THE M77TY OF THE WOIWDUAL MHO SIGNED THE DOCUMENT TO NIBCH ME CERWICAW IS ATTACREO AND NOT nE 7RUTR7ALNES.% ACCURACY, OR VALIOTY OF THAr DoawNr. STATE OF CAUFORNRA ss COUNTY OF GRANGE OH—,2022,BEFORE ME; A NOTARY PUBL4 PERSONALLY APPEARED NHO PROVED TO ME ON THE BANS OF SA777ACMRY EWXNCF TO SITE THE PERSON(S)NHOSE NAMES)IS/ARE SUBSaWO TO TE WINN N67RUAMENT AND ACKNO EDGED 70 ME THAr HE/VE/nCY EXECUTED THE SAME N HIS/HER/)NEW AUTHOBffD CAPACIFnIIES),AND THAT BY NS/NfR/TEN SIOYA n RES(S) ON THE INSTRUMENT THE PERsOJ(S),OR THE ENnrY WON BEHALF OF MMRCH TE PERSON(S) ACTED,EXECUTED THE INSTRUMMENT. I CERTFY UNDER PeW rY OF PERANY UNDER THE LAMS OF THE STATE OF CALIFORNIA THAT THE FOREGOWO PARAGRAPH IS TRUE AND CORRECT WTNESS MY HAND, 90NA MW MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC W AND FOR IS IN COUNTY. SAID STA7E MY COMMISSION EXPIRES (NAME PRINTED) SHEET 3 OF 4 5 1 E ACT N O. 19154 NUMBER OF LOTS, 1 NUMBERED GROSS AREA: 40,917 50,FL/O.939 ACRES NET AREA 39,637 SO.FT./01110 ACRES IN THE CITY OF HM11NOTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA URVE DATE OF SURVEY: MAY 220011f1 ALL OF TENTAThE TRACT NO.19154 BEING A SUBOIVISKIN OF LOT 12 OF TRACT NO.405.AS PER MAP FU D IN BOOK 16,PAGE 31, OF MISCaLAtEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OFFICE OF SAID COUNTY. FOR CONDOMINIUM PURPOSES n. MAY 2021 E,MM7M.99 FA PLAPOIED BUT SPRE a NLA4RGI M90 GGI is ear,ON a2:AT OCNIERLRE WIER.SECIIaR MICHAEL NAVARRO LS 78M O'SORER AWALAT AYO CO9STRGCRON OENREARM d dFAW BALICINND A COWER SEC 73 MS MIR SISK,PER RJ � SLED AS A'E LCIBNFR a RE IIC57 f/7 7 J�O,A B� NW I O Y G. 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L 7Br 7OWES 1EA4 FACT AND 7AG, L6 NCO7e J11' r1Q 70' 11QBi'RI RERC ARC AD OONRl.C'IS MR fAls G WSIRLE RMRON'3 m AND nE EA7EMOP SPN !WARES]F.AIRCEO.P1A.NO MJnYW 47 NLO77EM1E 17BN' mm,RI BpADMY UE(OS7ACnE BORER)GE INS YAP AS ESTARIS E0 NEWTON SAW ADIGIRS S ACE R RN9RF• U N0078-51T 17B08' YQR Aw7rs]EASLRED W RROD' 49 0,090:351Y J7980'(32SWAC14 In 77'R27) MC RLOICA YES'CAI.O.URD]Rear RCOOD' JSaar R71,MR6P' SEE SHEET 4 FOR DEG9s AND micAn EASEAENT DETAILS SHEE NUMB S!4OF4S NUMBER OF LOTS: I NUIBFRED TRACT NO. 19154 GROSS AREA 40,917 S0.FT./O.939 ACRES NET AREA. 39,637 S0.FT./0.910 AM N THE CITY OF HUNTINGTON BEACN,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE OF SURVEY MAY O.2 BEING A SUBDMSION OF LOT 12 OF TRACT NO.405,AS PER MAP FLED IN BOOK 16,PAGE 31, ALL OF TDiTA71VE TRACT N0.19154 OF MISCELLANEOUS MAPS,N THE OFFICE OF THE COUNTY RECORDER OFFICE OF SAID COUNTY. FOR CONDOMINIUM PURPOSES MAY 2021 Op MICHAEL NAVARRO LS 750 TAT 2D A ED N » L At R#Aac"r SAW uNGY,DXaY Ls MID PA AND 1-.,l ()MMCAa3 REOOD PIFR M IAL BY AES PEAT Mt ()M11:A IFS RFO]D PEA Ma AMIL-d AMIL NOT M SCALE NOT 70 SCALE N EEQQ AEM�PA D y�s7yi NOT TO SCALE PER MI3� �.fiyr7 �M'x f,�,dti Lw. �\• L� �, AEIUN AIEMb L '�, � �=WW AEMI,W �'=" A = ()wows E=MR MI ()MACATES MWV PER MJ nErTO OT NOT 70 SCALE' TO SCALE NOT la SCALE IOF DATA 16bCAffd¢ECIDi B S LJ MW x'JJ Ia35' faX'RSdA'B • MACAIES FCCAD AAWAfNT AS KOED M MrA as amw PER BAa NO 4A MM IA/JI LA NM'n'J Ja M .M.00'R'JBPII 0 MACAWS P%TA 4J 7eAa'TORE.SE,,a1 O'(FAR SPAT E MA9Elr Ra MACAWS/EIX1D PER PARal MAP,PAR 10J 10 LI0 N00797JE 400' sTAeAED LS 7BM'M Br Yf n AC,OR LEAD,TAW k rAG STAVED RJ MACAWS RECORD PER➢AACr Na IJRI MIA ISJ/IJ-le LII N007M:7S7 1.00' BIS Me aaGWY�. •R� �AD M&OW BAKLS ALL Ar PARITE M AACA7E5 RECORD PER R.Sa M/M LI7 N007I'16'E 17.ar' LiO�v CaPIEIPS LAEESS Opium"Now RS MICITES RECORD PER PAMII AAM NO AB-nR PALa X"-M LIJ NO07M:SSF AM' MAC'M L SN AC,a11FA0,MCA AYFDIa!'7G R7 A[KAR3 RFOGD PER IIPAL'I Na CBE MM Na 73M Atli �.M BE 27 M CGIV RIFF AA0 AL BLOCK BWA ALL Ar PARM BIXAMRY Re MMCAMS RECORD PER KR ane-OAM � � CO'MRS IA11ES5 OAERB3'MOWA M MACAWS IWCOPO PER OR 201l-1574 MACAWS aCs MODgrTIL COVIZ VA DON MONLIENr PER AECOW W MO MK'ATES RECORD PER OR 2011-I572 a A-aACY IAL M DE LANCE OF RE Q WW OBM7Y Rg*' .. 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M7 MACAWS IEWD FM ARUENT REWARD 00G Na JCN Ma AMCAWS RECOD PER CR CrNO 4Jl Me MACAWS AECOD PER A"Na AJ4 MM Il/aT Rao MICAES WOOD PER M4C e/J7 Rn MACIRS AECaD PER ATACr &n*Na Mal.{MM -JM Ral MI[YCI ES RELaD PER APACE Na IAMA,YAL MT/aJ-Za RaA'JD•Je'R car n �----� I - L1I18Y R241T LOT 1Z TRACE NO.4K 1d.M.Ma f---Tw l / a gmsa rt.(aNm'1 Jain SA.R(AEI) tJ��1� 2O SLIL' — KWW'27'R 1XIS, LA0 — r/eA'Jo17'R txY.Aa'— R RM YR l�E w -3— _------- ------ ----u�J' SLAKE.•I'-JO' Llx D _ _ d ,{-yT MN7o14�tAxir ---77T-- (PNVA 1E SMEEV A pJ T F6 A —L—=_---tl9P34YfLLL13L— !_— tu 4� RaM CAIEACW!NE 'JO2N w ITi.Jx-- — NWr OF AM Y EAMENT POP NeM70 map AM) 70'xTW REAEMAN AOGM A �� e.90'00'W\ / e-aL190•W MAX URI"PLABWYS Of"IID A `_� DWON L-2e.70' 11 L-2e.70' 1 R A - D I RLAwarxYR I o zaar jI ————- I LOT>3 j Q MACAWS AN EAmimr owp RE PMYAE sma-m AID SCEA=PAP PaAcE AAO ARE OEPARAgIT ACCESS PLRPO.ES AS OMO WD PEIEW TO BE a7Y OF Ar W7W BCAW Q MACAWS AN MMEW DEDrATS AWAY M RE aN CF MMWORM WACM FOR AMER OaWTY MERM ACM BASN AREA AMU AID#I ECAW FLWOBS ©MRLAWS M EASMW DED'CARD f RMLC SM&T AID Pr.9PC UWPTY FLN* s AS SO'r w N9EQ/D RE arY w N nwr M SAW QO MICA IEs AN CASIEENI PAP DECAB:LMS P= fl'a A"O""AND CCMIFYANiZ K EEELAiCAI OEM'r Am oxii"r RICCMED OCTOER JL IMM A'Dear aaM PAGE J9 S O9xw RECOIaS. 9F S E17 3 FOR BOIRMPY A10GOVI 4� Huntington Beach Planning Commission 01 • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION October 13, 2021 Jennifer Colicchio Land Development Consultants 1520 Brookhollow Drive, Suite 33 Santa Ana CA 92705 SUBJECT: TENTATIVE TRACT MAP NO. 19154/CONDITIONAL USE PERMIT NO. 21-006 (CAMERON LANE TOWNHOMES) APPLICANT: Jennifer Colicchio, Land Development Consultants, 1520 Brookhollow Drive, Suite 33, Santa Ana CA 92705 PROPERTY OWNER: S.G.V. Property Fund LLC, 119 E. Saint Joseph Street, Arcadia CA 91006 REQUEST: TTM: To permit a one-lot subdivision of an approximately 39,640 sq. ft. lot for condominium purposes. CUP: To permit the construction of an 18 unit townhome development. LOCATION: 17532 Cameron Lane, 92647 (east side of Cameron Lane, south of Slater Avenue) DATE OF ACTION: October 12, 2021 On Wednesday, October 12, 2021, the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. 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. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Phone 714-536-5271 Fax 714-374-1540 www.surfcity3fyb.org Notice of Action:TTM No. 19154/CUP 21-006 October 13,2021 Page 2 Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, October 22, 2021 at 5:00 PM. The conditional approval of a tentative map shall expire 24 months from its approval. The period of time may be lengthened if the project is subject to section 66452.6(a), (b), and (c) of the Subdivision Map Act. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Tess Nguyen, the project planner, at tnguyen@surfcity-hb.org or (714) 374-1744 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By: Ja a James; Planning Manager ULR:JJ:TN:kdc Attachment: Findings and Conditions of Approval —TTM No. 19154/CUP 21-006 c: Honorable Mayor and City Council Chair and Planning Commission Oliver Chi, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Tess Nguyen, Associate Planner Property Owner Project File 388 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 19154 CONDITIONAL USE PERMIT NO. 21-006 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15195, Residential Infill Exemption, because the project is characterized as infill development meeting the conditions described below: a. The project meets the threshold criteria set forth in section 15192. b. The site of the project is not more than four acres in total area. c. The project does not include any single level building that exceeds 100,000 sq. ft. d. The project is a residential project on an infill site. e. The project is within on-half mile of a major transit stop. f. The project does not contain more than 100 residential units. g. The project promotes higher density infill housing. h. The project meets the requirements regarding availability of affordable housing. A comprehensive Notice of Exemption was prepared that demonstrates the project satisfies the requirements set forth above and is, therefore, exempt from CEQA. FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO. 19154: 1. Tentative Tract Map No. 19154 for a one lot subdivision on approximately 39,640 sq. ft. lot for condominium purposes to construct 18 attached multi-family residences is consistent with the General Plan Land Use Element designation of Residential Medium High Density (RMH) on the subject property and other applicable provisions of the Subdivision Map Act and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the HBZSO code. The project site is able to accommodate the type of development proposed. The proposed subdivision will result in a density of 19.2 units per acre, which is the allowable density of the Residential Medium High Density land use designation. The proposed density would be compatible with surrounding multi-family developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site does not contain any significant habitat for wildlife or fish. The project site is located in an urban setting and design features of the project as well as G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.1 389 compliance with the provisions of the HBZSO will ensure that the subdivision will not significantly impact the function and value of any resources adjacent to the project site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. The project will provide improved sidewalks and pavements along Cameron Lane as a part of this proposed tentative tract map. FINDINGS FOR APPROVAL—CONDITIONAL USE PERMIT NO. 21-006: 1. Conditional Use Permit No. 21-006 for the development of 18 attached for-sale townhome units 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 an existing vacant parcel of land with a development consistent with the underlying General Plan land use and zoning designations. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. The project is located behind existing commercial uses and will provide for a good transition to the existing residential neighborhood from adjacent commercial uses. The proposed development is compatible with surrounding uses in that other structures of similar height, mass, and siting exist in the adjacent area. The proposed project is designed to convey a high level of quality and a character that incorporates quality materials and design, consistent with the City of Huntington Beach Urban Design Guidelines. Building volumes are articulated with variation in wall planes to reduce building massing. The building facades incorporate a variety of building materials and colors to provide visual interest, including stucco and metal railings. 2. The granting of the conditional use permit for the development of 18 attached for-sale townhome units will not adversely affect the General Plan because the request is consistent with the Land Use Element designation of RMH (Residential Medium High Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: 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. Policy LU-1A: Ensure that the 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. Policy LU-IC: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.2 390 Goal LU-4:A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. The proposed 18-unit development is consistent with the land use designation and will continue the land use pattern of multi-family residential uses in the surrounding area. The project supports infill development, as the project is located on an underutilized lot. In addition, the proposed project is compatible in proportion, scale, and character with the surrounding neighborhood because there are similar attached multi-family units to the north, south, and east of the site. The attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. By providing new housing opportunities to the area, the proposed project assists in meeting the overall housing needs of the community. B. Housinq Element Goal 1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy 1.1 Neighborhood Character. Preserve the character, scale, and quality of established residential neighborhoods. Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3.1 Housing Diversity: 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. The project is consistent with the Housing Element because it will enhance the quality of the existing multi-family residential neighborhood and the project is subject to the HBZSO inclusionary ordinance that requires ten percent of the units to be dedicated as an affordable unit or to pay an in-lieu fee. The applicant proposes to provide two 2- bedroom units as affordable units. The project will also preserve the character, scale, and quality of the existing neighborhood because it involves the construction of 18 attached townhome units that are similar to the surrounding multi-family residential units and provides a diversified mix of housing types for the different needs of the community. 3. Conditional Use Permit No. 21-006 for the development of 18 attached for-sale townhome units will comply with the provisions of the RMH (Residential Medium High Density) district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The project is designed to comply with all applicable development standards including building setbacks, onsite parking, lot coverage, building height, building GAMNOA\21\101221 TTM 19154_CUP 21-006 (Cameron Ln Townhomes) Attachment 1.3 391 separation and open space. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO. 19154: 1. The Tentative Tract Map No. 19154 for a one lot subdivision on approximately 39,640 sq. ft. lot for condominium purposes received and dated July 8, 2021 shall be the approved layout. 2. Pursuant to section 230.14 of the HBZSO, Tentative Tract Map No.19154 and Conditional Use Permit No. 21-006 shall not be deemed approved until an Affordable Housing Agreement has been approved by the City Council. 3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 4. Prior to issuance of Building Permits, an Affordable Housing Agreement for two moderate- income affordable housing units shall be submitted to the Community Development for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.14 and include, but not be limited to, the following items: a. The duration of the affordability and the number of the affordable units; b. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 5. Prior to submittal of the final tract map and at least 90 days before City Council action on the final map, Conditions Covenants & Restrictions (CC&Rs) shall be submitted to the Community Development Department, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall include the following: a. Provide for maintenance, repair and replacement by a Homeowner's Association (HOA) for all common area landscaping, maintenance of walls, irrigation, drainage facilities, water quality BMP's, water system lines, fire system lines, sewer system lines, and private service utilities. G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.4 392 b. Best Management Practices (BMP's as per the approved Water Quality Management Plan (WQMP). c. The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local, state, or federal law and the LIP. d. Appropriate language shall be included to restrict garages to 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. e. Appropriate language shall be included to restrict 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 open parking spaces. Towing of vehicles violating the parking restrictions shall be included. f. The CC&Rs must be in recordable form prior to recordation of the map. 6. Comply with all applicable Conditional Use Permit No. 21-006 conditions of approval. 7. Tentative Tract Map No. 19154 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 Department a minimum 30 days prior to the expiration date. 8. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.us.qbc.orq/DisplaVPage.aspx?Categor ly D=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.oM/green-building- guidelines-rating . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 21-006: 1. The site plan, floor plans, and elevations received and dated August 9, 2021 shall be the conceptually approved design. 2. Prior to submittal of building permits, the following shall be completed: a. Zoning entitlement conditions of approval and code requirements 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. G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.5 393 c. The developer shall work with Community Development Department staff to the greatest extent feasible to provide a dog park on the project site. 3. Prior to issuance of building permits, the following shall be completed: a. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. 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 project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.6 394 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. All existing overhead utilities that occur along the project's Cameron Lane frontage shall be undergrounded. This condition also applies to all utilities, including but not limited to all telephone, electric, and cable TV lines. If required, easements shall be quitclaimed and/or new easements granted to the corresponding utility companies. (PW) 6. 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. 7. Conditional Use Permit No. 21-006 shall become null and void unless exercised within two years of the date of final approval or such extension of time, as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 8. The Development Services Departments (Fire, Community Development, 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 Zoning Administrator's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the provisions of HBZSO Section 241.18. 9. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?Cate. orvlD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/green-building- guidelines-rating). INDEMNIFICATION AND HOLD HARMLESS CONDITION: G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.7 395 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. G:\PC\NOA\21\101221 TTM 19154_CUP 21-006(Cameron Ln Townhomes) Attachment 1.8 396 TEN TA TI VE TRA C T NO. 19154 FOR CONDOMINIUM PURPOSES 17532 C MERON LANE —TER —UE APO:167471-132 IN THE Cl TY OF HUNTINGTON BEACH COUNTY OF ORANGE,STATE OF CALIFORNIA OR& RN—ECT 6 slTE SPEER -DRIVE 15 �j 7 '-Ti- ............... A— ...... v v FS.C.V.PROPERTY FUND.LLC US. I IS E ST JOSEPH STREET ARC.K CA SIDO. (—)—71 'z UNIT ON MIT MaNEM ON I uw -MIT 1. UND CONSIJUANTS 2 1 4 �A ANA.04 9270S Sun oRNE (714)557-nOO am am an AFKN'�Tl aFr summ�RCHDDCTUK 5 211 SOUTH MISSION ROAD,11 4D1 ONS4LL CA 92003 (760)724-119. 'A '7p. 17.2 C—RON 2w NUNTINGTON BEACH, 92647 z u, LEC0CI, O=— I a MIT 717T U14 ASPH Wo F BLDGBUIUDING -IF;64�- —S SlITEAJ A• C CHAN uNX PENCE GROSS-40.921 S.F.(BEFORE 10'DEDI—N) ODMmAC NET- S., CONCRETE 28 j c DOUBWE CHECK ; I I DETECTOR ASSEMBLY a EC EDGE OF CONCRETE FLOI Tr- NO EDGE OF PAVEMENT I ED EXIST GROUNDPER FIRM�t4o-—CO2— AN EFFECTIVE F, FINISHED FLOOR OF DECOMBER 3.2009(PANEL 253 OF 539)THE EP ALT SUB,ECT PROPERTY—IMTHIN "X*(AREA FN FIRE HYDRANT R ME REDUCED ROOD RIV DUE TO FS FINISHED SURFACE CUT CUT AN NOR INv ZQbM DESIGNA 41.5' INVERT r RMH-RESIDENTIAL MEDIUM HIGHDENSITY UP UP OF I PP POWER PULE HION. RPPD R OCED PRESSURE 6, RE PRINCIPAL DEVICE LEG,4L DESCRFTM S' STREET UGHT LOT 12 Of�NO.405.IN THE CITY OF UNTNCTON BEACK COUNTY OF ORANGE OF SmN SEWER MAN.— III J Top OF CO. Cl TC —FUR V,�PER MAP RECORDED IN BOOK 16.PACE To TOP OF GRATE 31,OF MISCEU-EOUS M—,IN THE COUNTY TW WALL r St RECORDER OFFICE OF SAD COUNTY. TOP 0' WM —METER Wv WATER WEST E'ST FUTURE' 3w (*)3o• I I P lo' IPROPOSEDI -PROPOSED-TER I I 2- 4- 2" PROPOSED STORM giNNTIE PDUJWNG TRUE INFORI—ON WAS DERIVED FROM PRELIMIHVTf REPORT NG. PUSOD P 00I50167-996-1—DATED APRIL 14.—.AS PREPARED BY FIDOUTY MTION&TIRE PROPOSED ASP— GWMC SCALE I r 7:---------- ------- DESGRIPR- PROPOSED CONCRETE rTAL AN EMENT RANTED TO SOUTHERN—FORWM,EDISON FOR PUBLIC DECOR—PIVEMENT (*)PROPOS D NEW SIDE—,CURB& 2 _PURPOSES.AS BRWED IN DOCUMENT RECORDED—251. LANE TyFr,AND STREET IMPRO—ENT "'l N BOOK 2248.PILE—OF OFFICIML RECORDS. PINDPOSE.SUBSURFACE—1. AL SECTION (NO SL9E) BASIS OF BEARNM REVISIONS 7-1 3\V OCS ALUMINUM—'K—3-71*, THIS SURVEY IS ORIENTED HORIZONTALLY TO ION 11111111AND LAND PLANNERS TENTATIVE TRACT SET IN E S/E CORNER OF A 84 BY 7 FT THE CIENTERUNE OF—EROM STREET H—C NO. 19154 S.G.V.PROPERTY FUND,LLC EVELOPIMENT C.c THE N/E A BEARING OF—'45-W PER TRACT MAP —I "MON MENT LOCATED IN PN— CORNER OF THE INT OF BEACH BLVD& 405.M.M.16/31. ONSULTANTS 01�1-ENGINEERS 17532 CAMERON LANE SLATER A.B2 FT W OF THE CA OF BEAM —M,-- APO:167471-02 EL. D 1J2, w owl SET N OF THE CA OF T&EERT- ....It - HUNTINGTON BEACH,CALIFORNIA —606 MONUMENT IS THE SDE—. VADON:—22 'A. — CITY OF HUNTINGTON BEACH PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION TO: Sean Crumby Director of Public Works FROM: Steve Bogart 11/ Senior Civil Engineer DATE: May 3, 2022 SUBJECT: Subdivision Agreement for Cameron Townhomes Development (Tract 19154) Presented for your signature is the Subdivision Agreement for the Cameron Townhomes Development Project. Please return the originals to me upon your approval. If you have any questions, please call me at extension 1692. 398 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND S.G.V. Property Fund, LLC FOR TRACT NO. 19154 THIS AGREEMENT ("Agreement") is entered into this A-L\ day of 2 022 by and between the CITY OF HUNTINGTON BEACH, a mumcipal corporation of the State of California, hereinafter referred to as "CITY," and S.G.V. Property Fund,LLC , a California Limited Liability Corpgration hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 19154 ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and g/agree/surfnet/subdivision I 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. g/agree/surfnet/subdivision 2 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/surfnet/subdivision 3 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance,provide as security to CITY: A. Faithful Performance: ninety-four thousand,four hundred For performance security, in the amount of ninety-five dollars and fifty cents Dollars ($ 94,495.50 , which is one hundred percent (100%) of the g/agrce/surfnet/subdivision 4 estimated cost of the work. SUBDIVIDER shall present such additional security in the form of Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of forty-seven thousand two-hundred twenty-nine dollars and seventy-five cents Dollars ($ 47,229.75 ), which is fifty percent(50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1)year after the work of improvement is finally accepted in writing g/agree/surfnet/subdivision 5 by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public g/agree/surfnet/subdivision 6 liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: l. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days'prior written notice of CITY. g/agree/surfnet/subdivision 7 SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. g/agree/surfnct/subdivision 8 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: TO CITY: TO SUBDIVIDER: City of Huntington Beach S.G.V. Property Fund, LLC ATTN: Director of Public Works Attn: George Voigt 2000 Main Street Huntington Beach, CA 92648 119 E. St. Joseph Street Arcadia, CA 91006 15. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters g/agree/surfnet/subdivision 9 included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/subdivision 10 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/surfnet/subdivision 11 25. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/surfnet/subdivision 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a municipal S.G.V. Property Fund, LLC corporation of the State of Califo is VfflMVWqW*4V*4% By: M r /G'b4VgWoigt t name ITS: (circl one) hairm oPresid� ice City Clerk /3 -?,1 President INITIAT D AND AP P O D: D By: Director of Public Wo s print name REV AND PPROVED: ITS: (cliretone cret /Chief Financial Officer . Secretary-Treasurer ity Manager a attarMed, of the ividit w sgnod p1e rriannt to which 1hi1 cem"19 end Ma huthlulnM ,or ,or valid of Mal docu 1. Stalo a Celifpnia.Ca+My of L me Jennifer�• ony i �� xo APPROVED AS (,cvY1 S Nottry Public,personsey epee evidence to be the perefifl(e)wfteee ylio proved to me on the beeie of satfsfactorY to me that no*$)Waaesubscntme b the within instrumentr authorizednd cap c to y�)�and that heltebephey executed the same in hisR+edN+eKa or the entity upon by hWh@'MMr spneM+ro1,40)Sebinstrument eetyueted tMnse��ment.I cooity under ity Attorney 1Y Ry�1M lows of Me State of Calilomia that the coffea,W1TN my hand and onival seal. btepolrq Px>� I h �--- - lidety Sq^� t JENNtFER DIXON otary Public-California Orange County MeLk, ommissionr0 2296185 6 202] Comm.Exr g/agree/surfnet/subdivision 13 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On L—t �� before (insert name and title of the officer) personally appeared who proved to me on the basis of satisfa ory eviden6erio be the person*yhose nameKis/ale subscribed to the within instrument and acknowledged to me that he/sA/tKey executed the same in his/huh authorized capacity), and that by his/I�/tt�r signatureKon the instrument the person0j, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALEE VAN�KE oaKEs WITNESS my hand and official seal. ommis!b rlW'41�N�otary Public-Calitornia W. ORANGE COUNTY ly Commission Expires AUGUST 11,2025 Signature (Seal) bUNU NO,1001181018 PREMIUM:$1,890.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and S.G.V.Property Fund,LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement identified as project Tract No.19154 ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Contractors Indemnity Company _as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of ninety-four thousand,four hundred ninety-five dollars and fifty cents dollars($94,495.50 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. F AITHFULL PERFORMANCE BOND FM..doc The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications, In witness whereof,this instrument has been duly executed by the principal and surety above named,on April 07 20 22 A as Principal By George Voigt-S.G.V.Property Fund,LLC By as Surety Al Lujan,A torney-In-Fact By By APPROVED AS TO Ff�RM By: i/ MICHAE . GATES CITY ORNEY CITY OF H NGTON BEACH FArrHFULL PERFORMANCE BOND FM..doc ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 4/7/2022 before me, Rocio Avila, Notary Public (insert name and title of the officer) personally appeared Al Lujan 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. WITNESS my hand and official seal. emy ROCIOAVILA Notary Public•California Los Angeles County Commission#2375982 Comm.Expires Sep 23,2025 Signature (Seal) TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Jennifer Wayne, Kevin J. Phillips,Alfonso Lujan, Will Mingram, Jeff Aase, Sylvia Diane Caneva, John D. Strong, Oscar Zachary Gallegos or Justin Buenaventura of Los Angeles, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY g+`�" oa ao•N C"PACTO,'!,, 0` DIN a {E.9U yState of California o 9uFur4yi 4 rza`,".Nn�Isur�nrr�ilN 4 X" nwroatiiau � County of Los Angeles e*� s_ , s t By: Daniel P.Aguilar,Vice President 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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~ o^n-n.EFIE�o WITNESS my hand and offs I seal. Nouryftblk CslNamla ■ Lw+v"I*&county J Canrn11510"M 2320307 Signature �l• (seal) "Y Comm.Lv'r"sin31,2024 I, Kio Lo, Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _day of �,21 L, 2 oZZ. pj. q""• n`r'SlSUR"44i �`oa��naureoq, Corporate Seals CTO Q1018 j� /y�� ......s4,, E: F 4 .�...._...;�, Bond No. �9qP`" 8�..• os ��1 RPf XTMO W 2 eW 7 N, y - Agency No. 2505 Kio Lo, Assi Secretary HCCSMANPOA09/2021 visit tmhcc.com/surety for more information 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 ofcf-eul C ) On �{ A t /9- before me, i Imalce, �(41, b 1 t (insert name and title of the offs er) personally appeared C'1��' t� J who proved to me on the basis of sati actory evide6ce to be the person whose name(ajis/a6 subscribed to the within instrument and acknowledged to me that he/sb.6/tb�i executed the same in his/hX/ter authorized capacityW, and that by his/hqf/tt�r signature'W'on the instrument the person or the entity upon behalf of which the persooKacted, 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. TIMALEE VANKEEKEN WITNESS m hand and official seal. COMMISSION*2370446 y V Notary Public-California ORANGE COUNTY p My Commission Expires AUGUST 11,2025 Signature (Seal) BOND NO.1001181018 PREMIUM(Performance Bond) LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and S.G.V.Property Fund,LLC (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated March 31 , 20 22 , and identified as project Tract No.19154 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors, laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the forty-seven thousand two-hundred twenty-nine aforesaid Civil Code in the sum of dollars and seventy-five cents dollars ($ 47,229.75 ) for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named, on April 07 20 22 P� r. as Principal Georg�hoW, .V.Property Fund,LLC By By as Surety By Al Lujan,A ey-In-Fact By APPRO7XKM AS By. MICHAE .GATES J CITYOTORNEY 'W CITY OF HUNTINGTON BEACH 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 4/7/2022 before me, Rocio Avila, Notary Public (insert name and title of the officer) personally appeared Al Lujan 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. �''"T ROCIOAVILA WITNESS my hand and official seal. _ w= Notary ota Angeles Counry-Cali nia \ Commission N 2375982 '�•a•"� My Comm,Expires Sep 23,2025 r Signat (Seal) TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint: Jennifer Wayne, Kevin J. Phillips, Alfonso Lujan, Will Mingram, Jeff Aase, Sylvia Diane Caneva, John D. Strong, Oscar Zachary Gallegos or Justin Buenaventura of Los Angeles, California its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on January 31si, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY �pAGTOTm.y .``WNDINC4a a 5'SURa .Wn,n � 4: State of California xm�wmn 1 �t)f M1X0 W` i W• County of Los Angeles 4*, F°^ '° r� �{ S B ter. y z� ..rr�: ay f y: Daniel P.Aguilar,Vice President 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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0.LrrrLEfiELD WITNESS my hand and offs I seal. Notary'Publk•Caijfornlik. Lm AniNts county Commission M.2320367 Signature d' (seal) Y CMM-Expires Jm 31,202A I, Kio Lo, Assistant Secretary op American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have he !unto set my hand and affixed the seals of said Companies at Los Angeles, California this _day of 40Z I m i, ,W n ; eq Corporate Seals `�oat{tACTOqp ,ti. DNDINCC k� 5 SUFjFrys Bond No. 1.t7D I l�CO S _ ° o�s y D ,.! : .csl n ' Sri,s lF'L.aYMo ry r �� Y ,V Y '• t c f Agency No. 2505 4`C11.F.... .. W c %N `,��� Kio Lo, Assi Secretary HCCSMANPOA09/2021 visit tmhcc.com/surety for more information 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 (�/V r✓��'�l / ) On t t before me, (insert name and title of the o Icer) personally appeared U`Vl ���( G who proved tome on the basis of satisf ctory evide a to be the personjs' whose name(4 is/V6 subscribed to the within instrument and acknowledged to me that he/she4rey executed the same in his/I}&ItWir authorized capacity(io<and that by his/Vr/tteir signature(Kon the instrument the person(zl, or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TIMALEE VANKEEKEN a COMMISSION#2370446 0 Notary Public-California ORANGE COUNTY p My Commission Expires AUGUST 11,2025 Signatur (Seal) Bond No. 1001181019 Premium: $300.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT S.G.V.Property Fund,LLC as Subdivider of Tract No. 19154 in the City of Huntington Beach, County of Orange,State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said S.G.V.Property Fund,LLC (Subdivider) as principal, and American Contractors Indemnity Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$ 5,000 , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 8 day of April 20 22 1 as Principal George of . .V.Property Fun ,LL By APPROVED AST ORM By By: as Surety kkPICHAKt. GATES evin P 'lip Attorney-In-Fact C ORNEY By CITY OFHUNTINGTON BEACH By 1 TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Jennifer Wayne, Kevin J. Phillips,Alfonso Lujan, Will Mingram, Jeff Aase, Sylvia Diane Caneva, John D. Strong, Oscar Zachary Gallegos or Justin Buenaventura of Los Angeles, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ). This Power of Attorney shall expire without further action on January 315t, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 23,d day of September,2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY ....... „... V,i l ry 11111""I ,1I1 Ilt - e0NU1NRCk s*�S SURF�� a�Ri lRsur�p State of California -cl womRvw""s County of Los Angeles a g y: w4�FOR , oFN� Daniel P.Aguilar,Vice President 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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. D.Ln rLEFIELD WITNESS my hand and offs ' I seal. Nou'ryPuelk-Catffoml f Los Anyeles'Cbnnty - Gommisstpn B 232030� — Signature (seal) MyC"M.Exptre$JJn9f,2D24 I, Kio Lo, Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I ve hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _ day ofw3cl k `L 0 ZZ. CorporateSeals c4rao aN[pWRI®'"Z tXa Op Co�L P4EIFi°aO� V�i�: ,\Yx Ftxin na uw+Bond No. t s IDa Og Agency No. 2505 �... iti is) 9`` °',,,lu ux.off°, '�nli r ;� Kio Lo, Assi Secretary IIIIIIIIIIIIx HCCSMANPOA09/2021 visit tmhcc.com/surety for more information ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 4/8/2022 before me, Rocio Avilia, Notary Public (insert name and title of the officer) personally appeared Kevin Phillips 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. WITNESS my hand and official seal. „ >,f ROCIOAVIL4 W' Notary Public•California Los Angeles County Y ° Commission k 2375982 My Comm.Expires Sep 23,2015 r Signature (Seal) 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 )/ On Li before me/ (rnit'C'& 0att1�'e LC/� 1 6'e ((i�insert name and title of the officer)personally appeared UY t4/ C who proved to me on the basis of satisfactoi� evidence o be the person whose named is/ subscri ed to the within instrument and acknowledged to me that he/sX/they executed the same in his/ /tFye'ir authorized capacity(, and that by his W/their signatur 4 on the instrument the personX, or the entity upon behalf of which the personafacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :::.: rIMALEE VANKEEKEN a COMMISSION#2370446 = Notary Public-California ORANGE COUNTY v My Commission Expires L AUGUST 11,2025 Signature � (Seal) 1 T ® DATE(MS1lODfYYYY) ACUR� CERTIFICATE OF LIABILITY INSURANCE o410112022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT Brian Okumura NAME: Advantis Insurance Services PHONE (949)545-0220 FAX (949)646-0221 A!C No Eat: CAIC,No: 26522 La Alameda E-MAIL Brian@advanlisins.Com ADDRESS: Suite 210 INSURER(S)AFFORDING COVERAGE NAIC 4 Mission Viejo CA 92691-8586 INSURERA: AMCO Insurance Company 19100 INSURED INSURER B: PROPERTY AND CASUALTY INS CO OF HARTFORD 34690. SGV Property Fund LLC INSURER C: Houston Casualty Company 42374 119 E Saint Joseph St INSURER D: INSURER E: Arcadia CA 91006-7221 INSURER F: COVERAGES CERTIFICATE NUMBER: CL224108036 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILR AUP POLICY EFF POLICY X I TYPE OF INSURANCE POUCYNUMB£R MMID MMIDDIYYY Y LIMBS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ;Z/ DAMAGETORENTED 300.000 CLAIMS-MADE OCCUR PREMISES Ea oocurrence $ MED EXP(Any oneperson) $ 5,000 A Y Y ACPBP07805519478 03/04/2022 03/04/2023 PERSONAL&ADV INJURY $ 2.000,000 GEMLAGGREGATELIMITAPPUESPER: GENERALAGGREGATE $ 4,000,000 X PRO- LOC PRODUCTS- $ 4,000,000 POLICY❑ OTHER: Deductible $ 1,000 AUTOMOBILE LIABILITY COMBIN£DSINGLE LIMIT $ 2,000,000 EE aaklenl ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED ACPBP07805519478 031D412022 03/04/2023 BODILY INJURY IPar accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY GE $ X AUTOS ONLY H AUTOS ONLY Por accdent APPROVED AS FORM $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS I" HCMS-MADEW Barr`. AGGREGATE $ DED RETENTION S MI HAUL E.GATES $ WORKERS COMPENSATION �/ ANOEMPLOYERS'LIABILITY YIN CITY OF HUNTING ON X BEACH STATUTE I I ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L EACH ACCIDENT $ 1,00%000 B OFFICERIMEMBERFXCLUDED? [flyNIA 72VVECAR9THA 04101J2022 04r01/2023 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below [E.L DISEASE-POLICY LIMIT $ 1,000,000 Prof Liability Limit $1,000,000 C PROFESSIONAL LIABILITY H722-601275 03/15/2022 03/15/2023 Retention $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project:Cameron Final Map(TR 19164).Regarding:City of Huntington Beach Resolution Permit. City of Huntington Beach,Its officers,elected orappolnled officials,employees,agents and volunteers are hereby named Additional Insureds as required by written contract and per the attached endorsement. General Liability Insurance coverage shall be primary insurance as respects to the City,its agents,officers,and employees.Any insurance or self-insurance maintained by the City,its agents,officers,and employees shall be excess of the submitted insurance and shall not contribute with tL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD i AGENCY CUSTOMER ID: 00003140 LOG#: A���® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Advantis Insurance Services SGV Property Fund POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Thirty(30)days written notice is given to City of Huntington Beach in the event of cancellation;except ten(10)days for nonpayment of premium. ACORD 101(2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i POLICY NUMBER:ACPBP07805519478 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work" out of which I to "bodily in- the injury or damage arises has been This insurance does not apply Y Y put to its intended use by any person or jury"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc.,2000 Page 1 of 11 • , 1 POLICY NUMBER:ACPSP07805519476 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach,its officers, elected or appointed officials, employees, agents and volunteers are to be added as Additional Insureds. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 POLICY NUMBER:ACPBP07805519478 I I THIS ENDORSEMENT CHANGES THE POLICY. PLI=ASE READ IT CAREFULLY. I PRIMARY AND NON CONTRIBUTORY ENDORSEMENT I This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Pereon(a) Or O anization s City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. If no entry appears above,this endorsement applies to all Additional Insureds covered under this poll2y. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary,excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this Insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP6031 US O4-10 Page 1 of 1 POLICY NUMBER:ACPBP07805519478 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 04 04 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM A. Insurance is provided only for those coverages to be provided by any workers compen- that are designated in the Liability Declarations, sation law. 1. HIRED AUTO LIABILITY 3. The following additional exclusions also When Hired Auto Liability Coverage is des- apply, but only with respect to the cover- ignated in the Declarations as Included, the ages provided by this endorsement: insurance provided under Section I. COW This insurance, including any duty we have ERAGES A. COVERAGE A-BODILY INJURY to defend "suits", does not apply to: AND PROPERTY DAMAGE LIABILITY, and this endorsement, applies to "bodily injury" a. "Property damage" to: or "property damage" arising out of the maintenance, use or entrustment of a 1) Property owned or being trans- "hired auto" by you or your "employees" in ported by, or rented or loaned to the course of your business. any Insured; or 2. NON-OWNED AUTO LIABILITY 2) Property in the care, custody or When Non-Owned Auto Liability Coverage control of any insured. is designated in the Declarations as In- b. "Bodily injury" or "property damage" cluded, the insurance provided under Sec- which arises out of or is a result of the tion 1. COVERAGES, A. COVERAGE A - handling of any property: BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and this endorsement, applies 1) Before it is moved from the place to "bodily injury" or "property damage" where it is accepted by an insured arising out of the maintenance, use or for movement into or onto a"hired entrustment of any "non-owned auto" in auto" or "non-owned auto"; or your business by any person other than you. 2) After it is moved from a "hired auto" or "non-owned auto" to the B. For insurance provided by this endorsement, place where it is finally delivered Section 1. COVERAGES, A. COVERAGE A - by an insured. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY, under 2. EXCLUSIONS: c. "Bodily injury" or "property damage" which arises out of or is a result of the 1. Exclusion g. Aircraft, Auto or Watercraft is movement of any property by a me- amended by adding the following para- chanical device (other than a hand graph: truck) unless the device is attached to HOWEVER, this exclusion does not apply to a "hired auto" or "non-owned auto". any "hired auto" or "non-owned auto" (as C. Only with respect to the coverage provided by defined in this endorsement). this endorsement, Section il. WHO IS AN IN- 2. Exclusion e. Employer's Liability is SURED is replaced by the following: amended by adding the following para- graph: Each of the following is an insured to the extent set forth below: HOWEVER, this exclusion does not apply to "bodily injury" arising out of and in the a. You; course of domestic employment by the in- sured, unless benefits for such injury are in b. Any other person using a "hired auto" whole or in part either payable or required within the scope of your permission; PB 04 04 (01-01) Page 1 of 2 ACP SPO 78055/9478 INSURED COPY 47 07993 PB 04 04 (01-01) c. Any partner or "executive officer" of yours, with respect to a "non-owned auto" while If there is any other "auto" liability insurance being used in the course of your business; under any other policy,or self insurance or sim- d. Any other person or organization, but only ilar protection, that applies to a loss covered by for their vicarious liability because of acts this endorsement, then this insurance shall be or omissions of you or of an insured under excess over that other insurance. a., b. or c. above; and E. With respect to the coverage provided by this e. Your"employee" while operating an "auto" endorsement, under Section V. DEFINITIONS: hired or rented under a contract or agree- 1. The following is added to the "coverage ment, with your permission, in that "em- territory" definition: ployee's" name, while performing duties related to the conduct of your business. For"hired auto", the "coverage territory" is f. HOWEVER, none of the following is an in- extended to anywhere in the world if: sured under this endorsement: a. An "auto" of the private passenger type 1) Any person engaged in the business is leased, hired, rented or borrowed of his or her employer for "bodily in- without a driver for a period 30 days jury" to any co-"employee" of such or less; and person injured in the course of em- ployment, or to the spouse, child, par- b. The insured's responsibility to pay ent, brother or sister of that damages is determined in a "suit" on co-"employee" as a consequence of the merits, in the United States of such "bodily injury", or for any obli- America, the territories and pos- gation to share damages with or repay sessions of the United States of Amer- someone else who must pay damages ica, Puerto Rico or Canada, or in a because of the injury; settlement we agree to. 2) Any "employee", partner or "executive 2. The following additional definitions also officer" with respect to any "auto" apply: owned by such "employee", partner or "executive officer"or a member of their a. "Auto Business" means the business household; or occupation of selling, repairing, ser- a) Any person while employed In or oth- vicing, storing or parking "autos". erwise engaged in duties in connection b. "Hired Auto" means any "auto" you with an "auto business", other than an lease, hire, rent or borrow. "auto business" you operate; 4) The owner, lessor or lessee (when you HOWEVER, this does not include any are a sublessee) of a "hired auto" or auto you lease, hire, rent or borrow from any of your "employees or the owner of a "non-owned auto" or a members of their households, or from any agent or "employee" of any such owner, lessor or lessee; or any partner or "executive officer" of yours. 5) Any person or organization for the conduct of any current or past partner- c. "Non-Owned Auto" means any "auto" ship or joint venture that is not shown you do not own, lease, hire, rent or as a Named Insured in the Declara- borrow which is used in connection tions. with your business, including "autos" owned by your "employees", partners D. For insurance provided by this endorsement, (if you are a partnership), members (if under Section IV. LIABILITY CONDITIONS, the you are a limited liability company) or following condition also applies: members of their household. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1996 PB 04 04 (01-01) Page 2 of 2 ACP BPO 7805549478 INSURED COPY 47 07994 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk I7,1999 Robin Estanislau, City Clerk June 15, 2022 S.G.V. Fund, LLC Attn: George Voigt 119 E. St. Joseph Street Arcadia, CA 91006 Dear Mr. Voigt: The City Council of Huntington Beach, at its regular meeting held Tuesday, June 7, 2022, approved the Subdivision Agreement for Tract Map No. 19154. 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 gAfollowup\sdivagmt11/21 / 9�53J (,l/t v a&04 n, I-ai1-e J&17?how-�) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) F CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: &fI.3L2Z SUBJECT: Bond Acceptance I have received the bonds for S: G V �rtl it FunGb, LLB ompany Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. /DD //R'!ol R' Guarantee and Warranty Bond No. Monument Bond No. /DU!l D l GI Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved G�� 22— (Council Approval Date) CC No. Agenda Item No. a 4 l ,2,? MSC No. City Clerk Vault No. y 20. 60 Other No. SIRE System ID No. G�- g:/forms/bond transmittal to treasurer