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Approve Final Tract Map No. 18079 - Accept Bonds - Authorize (2)
RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to (N me) City Clerk's Office after signing/dating (Date) 1 1 1 /i ) i. Q CITY OF HUNTINGTON BEACH toINTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk i DATE: 0(fi !e-ilII/ / 4.23 SUBJECT: Bond Acceptance I have received the bonds for / Y' 2Irv��l'? •?y,/' 1-) i t f' r (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. /11/SeiC Labor and Material Bond No. tL/5c L/2 _- Guarantee and Warranty Bond No. Monument Bond No. LA/51 Lag Franchise Bond No. Letter of Credit Bond No. Other /g.6 7 Pp /2tJ -2622 Re: Tract No. Approved �<- (Council Approval Date) CC No. Agenda Item No. f�'3) MSC No. City Clerk Vault No. //I U Other No. SIRE System ID No. //j g:/forms/bond transmittal to treasurer • ("�6 /l �`7c.rk `j l7'7t._e_d9 `7/U v.t.) f}PPR®V'E 3-0 2000 Main Street, umTINGT�� Huntington Beach,CA OF n.seas •. � 92648 City of Huntington Beach O :¢v cFCOONTV ,> File #: 22-1031 MEETING DATE: 12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Tess Nguyen, Associate Planner Subject: Approve Final Tract Map No. 18079, accept Bonds, and authorize execution of a Subdivision Agreement for the Georgia Townhomes Subdivision by Hilltop Townhomes LLC at 910 Georgia Street Statement of Issue: Presented for your consideration is Final Tract Map No. 18079 for the Georgia Townhomes Residential Subdivision by Hilltop Townhomes LLC at 910 Georgia Street (east side of Georgia Street, between Joliet Avenue and Indianapolis Avenue). This map subdivides an approximately 0.80 acre parcel into one numbered lot for the construction of ten condominium units. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 18079 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 Hilltop Townhomes LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4459427, Labor and Material Bond No. 4459427, and Monument Bond No. 4459428 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 Markel Insurance Company of this action. Analysis: City of Huntington Beach Page 1 of 3 Printed on 12/14/2022 powered by LegistarT" File #: 22-1031 MEETING DATE: 12/20/2022 A. PROJECT PROPOSAL Applicant: Justin Jarjour, 815 Indianapolis Avenue, Huntington Beach CA 92648 Property Owner: Nabil Jarjour, 22181 Wood Island Avenue, Huntington Beach CA 92648 Surveyor: Daniel Rubio, Jones, Cahl & Associates, 18090 Beach Boulevard, Suite 12, Huntington Beach CA 92648 Surety: Markel Insurance Company, Attn: Amanda Garcia (c/o CT Corporation System), 330 N. Brand Boulevard, Suite 700, Glendale CA 91203 Location: 910 Georgia Street (east side of Georgia Street, between Joliet Avenue and Indianapolis Avenue) General Plan: RMH (Residential Medium High Density) Zone: RMH (Residential Medium High Density) No. of Acres: 0.80 No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 18 B. BACKGROUND On January 26, 2021, the Planning Commission approved Tentative Tract Map No. 18079 to subdivide approximately 0.80 acre into one numbered lot for condominium purposes. A motion was made by Scandura, seconded by Perkins, to approve Tentative Tract Map No. 18079 with findings and conditions of approval, carried by the following vote: AYES: Rodriguez, Acosta-Galvan, Perkins, Ray, Scandura, Van Der Mark NOES: None ABSTAIN: None ABSENT: Mandic Motion Approved C. RECOMMENDATION City of Huntington Beach Page 2 of 3 Printed on 12/14/2022 powered by Legistar'' File #: 22-1031 MEETING DATE: 12/20/2022 The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission on January 26, 2021. The conditions require certain easements benefit to the City for various public purposes such as street and public utility, police and fire access, and access and inspection. Also presented for the City Council approval and execution are the required Subdivision Agreement (between the City and Hilltop Townhomes 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. 18079 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. 18079 4. Planning Commission Notice of Action for Tentative Tract Map No. 18079 with Findings and Conditions of Approval 5. Tentative Tract Map No. 18079 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 3 of 3 Printed on 12/14/2022 powered by Legistar'' ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 18079 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 18079 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedication for street and public utility purposes over Georgia Street and Joliet Avenue. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 1 Nt g p. r 1 A�,' . • '1 MC FADOEN , i I a 1 1 f1�.u'\ • - - - r EDINGER / - ,,, - i WARNER ` • SLATER w C • TALBM' 3 • it. CLUE r Tozr7OWN w a s � PIDIANA/OWS - Joliet Avenue ,,s 1 tN1� �k z.. ♦ •ATLANTA r R , � NTAAm.TON r enemroN +4 • fB �, •BANNING r fY r Li) �a) '' ' Mrr o r` \ . 0 0 z- m ,; Na Indianapolis Avenue j A VICINITY MAP TENTATIVE TRACT MAP NO. 18079 AND CONDITIONAL USE PERMIT NO. 18-032 (GEORGIA TOWNHOMES—910 GEORGIA STREET) SHEET 1 OF 3 SHEETS 1/}�( ''/7Q NUMBER OF LOTS 2 NUMBERED TRACT NO. 18O/ V ACHECAGO TITLE TCOMPANYTME CROSS AREA: 1.618 ACRES REQUEST OF NET AREA: 1.492 ACRES DATE OF SURVEY: FEBRUARY 12,2020 IN THE CITY OF HUNTINGTON BEACH, DATE ALL OF TENTATIVE TRACT NO.18079 COUNTY OF ORANGE, STATE OF CALIFORNIA TIME FEE s BEING A SUBDIVISION OF A PORTION OF LOTS A AND B IN BLOCK 908,AND A PORTION OF BEACH BOULEVARD(FORMERLY HAMPSHIRE AVENUE)AND INDIANAPOLIS AVENUE OF THE MAP INSTRUMENT NO. OF VISTA DEL MAR TRACT SECTION 7,AS PER MAP FILED IN BOOK 4,PAGE 36 OF BOOK PAGE MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. - HUGH NGUYEN COUNTY CLERK-RECORDER FEBRUARY, 2020 JONES, CAHL & ASSOCIATES BY DEPUTY DANIEL RUBIO P.L.S. 8239 OWNERSHIP CERTIFICATE. SURVEYOR'S STATEMENT: WE,THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A COVERED BY THIS MAP,DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. ACT AND LOCAL ORDINANCE AT THE REQUEST OF NABIL JARJOUR IN FEBRUARY 2020.I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE WE HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: POSITIONS INDICATED,OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT 1. AN EASEMENT FOR PUBUC STREET AND PUBLIC UTILITY PURPOSES OVER JOLIET AVENUE AND TO ENABLE THE SURVEY TO BE RETRACED.I HEREBY STATE THAT THIS FINAL MAP GEORGIA STREET,AS SHOWN ON SAID MAP. SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. 2. A SCAN KerDIGEMG1r old Earl OIE'1tTE fizwrzrEDRNEs,SIO EWA-K5 AW0 AcE uJYS �N -C) 4' ` De-EA: :1E34T30 �SS,MbovEi1NE ON51T6 VJATCR ,6'"QUA R rr ES FOR A011fWRNW, SQEGZToa P1PPO SES e. 7 �oA//A7�22 HILLTOP TOWNHOMES LLC,A CAUFORNIA LIMITED LIABILITY COMPANY, DANIEL RUBIO DAT 'f AS TO OWNERS OF THAT PORTION OF LOT A,AS DESCRIBED ABOVE. L.S.NO: 8239 ,I), NO.8239 /.I'H`J�L'• EXPIRATION DATE: 12/31/2023 OF Gag NAME ARIL JARJOUR -2'.22 CRY ENGINEER'S STATEMENT: DATE I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE TITLE: MANAGER SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP.AS FILED WITH,AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. HILLTOP SHOPPING CENTER,LLC,A CAUFORNIA LIMITED LIABILITY COMPANY, DATED THIS 2.2. DAY OF/1�0Yi�Ir7/3fii.,2022 AS TO OWNERS OF THAT PORTIONOF LOT B.AS DESCRIBED ABOVE. (� •�s5 AL //-2/-Zz r f E—'D� Ip Ya 80.53360 NAME: NABILNABIL JARJOCITY HERB • B DATE CITY ENGINEER,CITY OF HUNTINGTON BEACH TITLE: MANAGER RCE NO: 53300 srq r EXPIRATION DATE: JUNE 30,2023 JFOFC`A COUNTY SURVEYOR'S STATEMENT: BENEFICIARY STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I EAST WEST BANK,BENEFICIARY UNDER A DEED OF TRUST RECORDED AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DECEMBER 15,2021 AS INSTRUMENT NO.2021000752551 OF OFFICIAL RECORDS. DATED THIS DAY OF .2022 KEVIN R.HILLS.COUNTY SURVEYOR BY: {s,d0 ill .L "Ai/MILL P.L.S.6617 DATE TITLE: V f' e.f t W(.0 (4 ikAgGf BY: LILY M.N.SANDBERG.DEPUTY COUNTY SURVEYOR P.L.S.8402 BY: ' II /)4,>Z CITY CLERK'S CERTIFICATE: DATE STATE OF CALIFORNIA) )SS TITLE SVP COUNTY OF ORANGE ) I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF 2022 AND THAT THEREUPON SAID COUNCIL DID,BY AN ORDER DULY PASSED AND ENTERED,APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBLIC.SUBJECT TO IMPROVEMENTS; THE DEDICATION OF THE EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OF JOLIET AVENUE AND GEORGIA STREET - TUCSLANICKT A.MRYIENTWAR I.TIAA0 ICW'TW. WE ALSO HEREBY ABANDON,PURSUANT TO SECTION 66434(g)OF THE SUBDIVISION SIGNATURE OMISSONS MAP ACT,THAT PORTION OF THE PUBLIC STREETS AND PUBLIC UTILITIES WITHIN THE BOUNDARY OF THIS MAP WHICH WHERE AQUIRED BY THE CITY OF HUNTINGTON BEACH PURSUANT TO THE PROVISIONS OF SECTION 66436(e)(3)(A)&(C)OF THE SUBDIVISION MAP ACT, PER THE MAP OF VISTA DEL MAR SECTION 7,RECORDED IN BOOK 4,PAGE 36 OF THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: MISCELLANEOUS MAPS OFFICIAL RECORDS OF ORANGE COUNTY.NOT SHOWN ON THIS MAP. 1. SOUTHERN CALIFORNIA EDISON COMPANY HOLDER OF AN EASEMENT AND RIGHT OF WAY TO AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION CONSTRUCT,USE,MAINTAIN,ALTER,ADD TO,REPLACE,AND/OR REMOVE AND AN ELECTRICAL 66436(c)(3)(A)OF THE SUBDIVISION MAP ACT. LINE,CONSISTING OF POLES,NECESSARY GUYS AND ANCHORS.CROSS-ARMS,WIRES AND OTHER FIXTURES AND APPLIANCES,FOR CONVEYING ELECTRIC ENGERY ENERGY TO BE USED FOR LIGHT, THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE HEAT,TELEPHONE AND/OR OTHER PURPOSES,AS SET FORTH IN A DOCUMENT RECORDED JULY APPROVES THE MAP AS TECHNICALLY CORRECT. 17,1963 IN BOOK 6634,PAGE 501 OFFICIAL RECORDS OF ORANGE COUNTY. 2. THE STATE OF CALIFORNIA,HOLDER OF AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES PER DOCUMENT RECORDED JULY 3,1937 IN BOOK 894,PAGE 336 OF OFFICIAL RECORDS. DATED THIS DAY OF ,2022 3. CITY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED AUGUST 21,1963 IN BOOK 6685,PACE 393 OF OFFICIAL RECORDS. ROBIN ESTANISLAU, 4. JOE IRVINE,HOLDER OF MINERAL GAS AND OIL RIGHTS AS RESERVED IN DOCUMENT RECORDED CITY CLERK OF HUNTINGTON BEACH FEBRUARY 11,1955 IN BOOK 2956,PAGE 597 OF OFFICIAL RECORDS. COUNTY TREASURER-TAX COLLECTORS CERTIFICATE STATE OF CALIFORNIA) )SS COUNTY OF ORANGE ) PLANNING COMMISSION CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE,THERE ARE NC LIENL I,URSULA LUNA-REYNOSA,SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, HUNTINGTON BEACH.CAUFORNIA,DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS COUNTY,MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. FILED WITH,AMENDED AND APPROVED BY THE HUNTINGTON BEACH CITY PLANNING COMMISSION. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE DATED THIS _DAY OF NONIIE$ 2022 SUBDIVISION MAP ACT HAVE BEEN COMPUED WITH REGARDING DEPOSITS TO SECURE Q. PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND V Q.•� COVERED BY THIS MAP. URSULA LUNA-REYNOSA DATED THIS DAY OF .2022 SECRETARY OF THE PLANNING COMMISSION OF HUNTINGTON BEACH SHARI I FRFIDENRICH BY: COUNTY TREASURER-TAX COLLECTOR TREASURER-TAX COLLECTOR SEE NOTARY ACKNOWLEDGMENTS ON SHEET 2 SHEET 2 OF 3 SHEETS NUMBER OF LOTS: 2 NUMBERED TRACT NO. 18079 GROSS AREA: 1.618 ACRES NET AREA: 1.492 ACRES DATE OF SURVEY: FEBRUARY 12,2020 IN THE CITY OF HUNTINGTON BEACH, ALL OF TENTATIVE TRACT NO.18079 COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOTS A AND B IN BLOCK 908, AND A PORTION OF BEACH BOULEVARD(FORMERLY HAMPSHIRE AVENUE)AND INDIANAPOLIS AVENUE OF THE VISTA DEL MAR TRACT SECTION 7,AS PER MAP FILED IN BOOK 4,PAGE 36 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FEBRUARY, 2020 JONES, CAHL & ASSOCIATES DANIEL RUBIO P.L.S. 8239 NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT. THAT DOCUMENT. STATE OF CAUFORNIAJ ) STATE OF CALIFORNIA ) COUNTY OF LK(Via )SS V )SS `1- JJ p COUNTY OF ) ON J•1O{IlMVX M..4y3L BEFORE ME, C{ L.IN. A ON A " A/WLI116w ll.�•» BEFORE ME, Cf I.. /� NOTARY PUBLIC,PERSONALLY APPEARED AIahrl .31rjol.O NOTARY PUBLIC,PERSONALLY APPEARED Algbi/ TQrJ/v WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO 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 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 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 PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.. THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. WITNESS MY HAND. SIGNATURE MY PRINCIPA PLACE 0 BUSINESS SIGNATURE MY PRINCIPAL PLACE 0�BUSINESS NOTAR PU LIC IN AND FOR IS IN COUNTY NOT P LIC IN AND FOR IS IN lfS /�b COUNTY SAIDgq JJJJ ATE Lq/bfj/N,4" SAID TATE C A:R. L:.{ L.lye MY COMMISSION EXPIRES g(,w•2G,2.4 C( 1.A MY COMMISSION EXPIRES ,2,,t (NAME PRINTED (NAME RINTE NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT. THAT DOCUMENT. STATE OF CALIFORNIA ) STATE OF CALIFORNIA ) )SS 1-' -1 COUNTY OF Les ) COUNTY OF 66 AjLic. )SS ��" ON J4DVfwMba.( •=•l )oii BEFORE ME, C{N�y R.. A ON g(q/sMh.lr..4I/ .1822. BEFORE ME.,i4/���i'�// �u� h) A NOTARY PUBLIC.PERSONALLY APPEARED'cjQ/. V 1. JJ NOTARY PUBLIC,PERSONALLY APPEARED KR&SOd/LI:in t WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO 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 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 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 PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. WITNESS MY HAND SIGNATURE MY PRINCIPAL�PLACE `OF BUSINESS � � NOTARY BLIC IN AND FOR IS IN J COUNTY SIGNATURE - MY PRINCIPAL PLACE pF BUSINESS SAID ATF Cal �/bry, Y P BLIC IN AND FOR IS IN J/f.�{/A COUNTY SAI STATE C& OrBOV CIVIC`''I-. di MY COMMISSION EXPIRES 3.0424..20.6 PINDYI. MY COMMISSION EXPIRES I A,14,ZeZb (NAME PRIN ) SHEET 3 OF 3 SHEETS NUMBERLOTS: 2 NUMBERED TRACT NO. 18079 GROSSAREA: 12 ACRES NETTAREA: 1.492 ACRES DATE OF SURVEY: FEBRUARY 12,2020 IN TI-.E CITY OF HUNTINGTON BEACH, ALL OF TENTATIVE TRACT NO.18079 COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOTS A AND B IN BLOCK 908,AND A PORTION OF DATUM STATEMENT BEACH BOULEVARD(FORMERLY HAMPSHIRE AVENUE)AND INDIANAPOLIS AVENUE OF THE VISTA THE COORDINATES SHOWN HERON ARE DEL MAR TRACT SECTION 7,A$PER MAP FILED IN BOOK 4,PAGE 36 OF MISCELLANEOUS BASED ON THE CALIFORNIA COORDINATE MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SYSTEM(CCS83,ZONE VI)NAD 1983 (2017.50 EPOCH,O.C.S.GPS ADJUSTMENT). FEBRUARY, 2020 W ALL DISTANCES SHOWN ARE GROUND, JONES, CAHL & ASSOCIATES UNLESS OTHERWSE NOTED.TO OBTAIN GRID DISTANCE MULTIPLY GROUND DISTANCE BY DANIEL RUBIO P.L.S. 8239 \/ 0.99997501,MEAN VALUE. r I� E BASIS OF BEAFANGS, MONUMENT NOTES ESTABLISHMENT NOTES THE BEARINGS SHOWN HEREON ARE BASED A INDICATES FOUND O.C.S.HORIZONTAL E-S.F.N.,ESTABLISHED BY INTERSECTION i ON THE BEARING BETWEEN ORANGE COUNTY CONTROL STATION MONUMENT PER SURVEYOR'S HORIZONTAL CONTROL STATIONS RECORDS ON FILE IN THE OFFICE OF ®-S.F.N.,ESTABLISHED BY PRORATION GRAIN FEET) PHICCALE G.P.S.NO.5023 AND G.P.S.5022 BEING THE ORANGE COUNTY SURVEYOR 0 w' 80' NORTH 89'41'47"WEST PER RECORDS ON 0 INDICATES FOUND MONUMENT OR RECORDED EASEMENTS FILE IN THE OFFICE OF THE COUNTY ESTABLISHED BY TIES AS NOTED ©j -THE CITY OF HUNTINGTON BEACH HOLDER SURVEYOR. O INDICATES SET LEAD,TACK AND TAG OF AN EASEMENT FOR STREET AND SCALE:I'-40' STAMPED"PLS 8239' 2.00'OFFSET PUBLIC UTILITY PURPOSES RECORDED , REFERENCESAUGUST 21,1963 IN BOOK 6685,PAGE R1-VISTA DEL MAR TRACT MM 4,PG.36 FROM PROPERTY CORNER ON PROD.OF ABBREVWTIONS PROPERTY LINE OR 2.00'OFFSET ON 393 OF OFFICIAL RECORDS OF ORANGE R2-CORNER RECORD 2013-0464 COUNTY. O.C.S -ORANGE COUNTY SURVEYOR R3-CORNER RECORD 2013-0463 RADIAL LINE FROM CENTER OF CURVE. S.F.N - SEARCHED FOUND NOTHING R4-CORNER RECORD 1996-0124 FLUSH. ®-THE STATE OF CALIFORNIA,HOLDER OF F.D. -FOUND R5-CALTRANS TIE BOOK AOR001E PG.0414 p INDICATES SET GEAR HEAD SPIKE AND AN EASEMENT FOR PUBUC HIGHWAY G.S. -GEAR SPIKE R6-CALTRANS TIE BOOK AOROOTE PG.0416 WASHER TAGGED"PLS 8239"FLUSH. PURPOSES PER DOCUMENT RECORDED R6A-CALTRANS TIE BOOK AOR001E PG.0420 JULY 3,1937 IN BOOK 894,PAGE 336 CURVE R U L T R7-CALTRANS TIE BOOK AOROOTE PG.0421 INDICATES RECORD DATA AS NOTED OF OFFICIAL RECORDS OF ORANGE _ R8-CALTRANS TIE BOOK AOR001E PG.0422 O COUNTY. Ci 135.00' 31'35'11" 74.42' 38.18' R9-CALTRANS TIE BOOK AOROO1E PG.0411 R1O-CALTRANS TIE BOOK AOR001E PG.0417 ©- FOUND GEAR SPIKE AND ALUMINUM ®-SOUTHERN CALIFORNIA EDISON,HOLDER © 135.00' 2217'34' 52.53'26.60', WASHER STAMPED"CITY OF HB", OF AN EASEMENT AND RIGHT OF WAY © 30.00' 90'00'S2'47.13' 30.01'1 R1-CORNER RECORD 2016-1010 FLUSH,NO REFERENCE.ACCEPTED AS FOR POLES,WIRES,TELEPHONE AND 1 R12-TRACT NO.17296,MM 917/35-46 CENTERLINE INTERSECTION,SEE DETAIL OTHER PURPOSES,RECORDED JULY 17, B HEREON. 1963 IN BOOK 6634,PAGE 501 OF An, 20.00' 89'S8'24"31.41' 20.00' ®-FOUND GEAR SPIKE,AND BRASS OFFICIAL RECORDS OF ORANGE COUNTY © 15.00' 89'59'37"23.56' 15.00'I SURVEYOR'S BOUNDARY NOTE- WASHER STAMPED"L55394"FLUSH, DED/CAT70NS THERE ARE NO CONFLICTS WITH EXISTING PER R2.ACCEPTED AS CENTERLINE VISIBLE IMPROVEMENTS AND THE EXTERIOR INTERSECTION. AS,- AN EASEMENT DEDICATED HEREON TO BOUNDARY LINE(DISTINCTIVE BORDER)OF ©-FOUND MAC NAIL AND BRASS THE CITY OF HUNTINGTON BEACH FOR THIS MAP AS ESTABLISHED HEREON. WASHER STAMPED"LS5394",FLUSH PUBLIC STREET AND PUBLIC UTILITY IN AN EPDXY PLUG,PER R3. PURPOSES; GEORGIA STREET AND ACCEPTED AS CENTERLINE JOLIET AVENUE. - • INTERSECTION C KNOXVILLE AVE} 0 FD.L&T ON TO (D-FOUND SPIKE AND WASHER 2 GEORGIA STREET STAMPED"CALTRANS",DOWN FD.RAMSET ON TC 0.1'ACCEPTED AS INTERSECTION OF THE CENTERLINE CONSTRUCTION FOR I BEACH BOULEVARD AND CENTERLINE aIJ2),,,,,, j'`'1 7 60 OF KN0OXVILLE 124 AVENUE PER CR 19----� ----(e"JAOLETAVEMU I I-S.F.N.,ESTABLISHED CENTERLINE N89'42'47"W 1'` 3� INTERSECTION PER FOUND TIES PER �UOL/ET AVENUE 20.00' n �h.. 1?@Bp, R6,SEE DETAIL'A'HEREON. 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CH1 W W Q Fi7 Fb ^0V\ 3 O O 4, / R ! v' W IN n W uj I $ / , § N ,�`�� m N IN g \/tl 3 ✓� o Ci 3 rn'1 ES 1 I ES S2 0-,7 o T7 �wu Z Y 2 IN I CAI `� 2 �� II o N IZ WESTERLY LINE OF----*-1 -� F 23' 10' -es zI) LOT A,BLOCK 908, 798' I MM 4/36 _ 35, I m I1 N89'40'48"W\ N,p, 41T 89.44' • p?.9 I 1 1 o Et 55.41' '(y - 34.03' - in, N89'40'48"W 131.10 y 135.27 4.° 1 135.27' 1 R C 169.44' w I �09�119'3 0' 49.97' _ 111.13' 89.42'f��- 80.02' 1 SO`'OPPV sis, 33D.06' (J3 0.0J'R6A,R7) 161.10' -' ' Tcai " ,4OS OfL P 2 / INDIANAPOLIS AVENUE- 330.54'(330.46'R7,R8)--- (GROUND) - iGpS TE N89'40'48�W 660.60'-'- ; 728 _ GRID).2837.72' q /,/i;'E 253 I g I /�V 14 3T 2 ��BA515 OF BEARINGS N89'41'4 W 28 A� � O.C.S.GPS#5023 /- NORTHING- 032702.41 Z H ✓/ EASTMN 6089984.21 FD.2'IP WITH BRASS TAG a.ram, j 9q�� STAMPED"CITY OF HB, ,3.1 4 ro, R.C.E.10655",DOWN 0.8'IN d�;N k,�o, WELL MONUMENT PER TR FOUND BOAT SPIKE AND --.1. .�.-._re INDIANAPOLIS AVENUE 17296,MM 917/35-46, ? ACCEPTED AS /E EAST BRASS WASHER STAMPED O.C.S.GPS#5022 °A")k0M� �p,, 1/4 CORNER SECTION 11, "CALTRANS",DOWN 0.1'PER NORTHING=2189999.25 ry.9 '9y T63,RI1 W,PER R12 R10,ACCEPTED AS EASTING =6029864.83 1.ti INTERSECTION OF THE FD.2"PUNCHED BRASS DISK STAMPED CENTERLINE CONSTRUCTION "CITY OF HB",ON 1.0'IN WELL ■=FD RAMSET NAIL ON TC PER R7 OF BEACH BOULEVARD AND MONUMENT.STATION IS LOCATED IN THE ()RECORD DATA PER R7 THE INDIANAPOLIS CENTERLINE AVENUE PER INTERSECTION OF LAKE STREET AND INDIANAPOUS AVE.PER PM 2018-104, DETAC_ R11. PMB 404/7-8 NOT TO SCALE • itri Huntington Beach Planning Commission 1, 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION January 27, 2021 Justin Jarjour 815 Indianapolis Avenue Huntington Beach, CA 92648 SUBJECT: TENTATIVE TRACT MAP NO. 180791 CONDITIONAL USE PERMIT NO. 18-032 (GEORGIA TOWNHOMES) APPLICANT: Justin Jarjour, 815 Indianapolis Avenue, Huntington Beach, CA 92648 PROPERTY OWNER: Nabil Jarjour, 22181 Wood Island Avenue, Huntington Beach, CA 92648 REQUEST: TTM: To permit a one-lot subdivision of an approximately 0.80 acre lot for condominium purposes CUP: To permit the development of 18 for-sale townhome units and the construction of 43-inch high walls (in lieu of a maximum of 42-inch high walls) within the front yard setback for private yards. LOCATION: 910 Georgia Street, 92648 (east side of Georgia Street, between Joliet Avenue and Indianapolis Avenue) DATE OF ACTION: January 26, 2021 On Tuesday, January 26, 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. 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, 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 February 5, 2021 at 5:00 PM. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action:TTM 18079/CUP 18-032 January 27,2021 Page 2 the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally 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: enr,ifer billase . , Deputy Director r U R:HB:TN:kdc Attachment: Finding and Conditions of Approval—TTM No. 18079/CUP 18032 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 Eric Haghani, Building Manager Tess Nguyen, Associate Planner Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 18079 CONDITIONAL USE PERMIT NO. 18-032 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 15332, Class 32 In-Fill Development Projects, because the project is characterized as in-fill development that meets the following criteria: a. The project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services. • 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. 18079: 1. Tentative Tract Map No. 18079 for a one lot subdivision on approximately 0.80 acre 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 22.70 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 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. G:1PC1NOA1211012621 TTM 18079-CUP 18-032 Attachment 1.1 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 Georgia Street, Joliet Avenue, and Indianapolis Avenue as a part of this proposed tentative tract map. FINDINGS FOR APPROVAL—CONDITIONAL USE PERMIT NO. 18-032: 1. Conditional Use Permit No. 18-032 for the development of 18 attached for-sale townhome units and the construction of 43-inch high walls within the front yard setback 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 underutilized and 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 with adequate setback to buffer 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, siding, and metal railings. 2. The granting of the conditional use permit for the development of 18 attached for-sale townhome units and the construction of 43-inch high wall within the front yard setback 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-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-ID: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. G:1PC\NOA1211012621 TTM 18079-CUP 18-032 Attachment 1.2 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 site supports infill development, as the project is located on an underutilized lot with dated and distressed residential buildings that will be demolished with the construction of the proposed 18-unit townhome project. 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 west 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. Housing 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 affordable, which can be satisfied through the provision of units onsite, off-site or through in-lieu fees. The applicant is proposing to pay in-lieu fees, which will be used toward affordable housing needs in the community. 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, meets the zoning code requirements for the proposed product type, and complies with the density limits for the zoning district and General Plan land use. G:\ C\NOA\21\012621 TTM 18079-CUP 18-032 Attachment 1.3 3. The proposed project 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, and open space with the exception of the 43-inch high walls within the front yard setback for private patios. The HBZSO permits walls exceeding 42 inches in height within the required front setback subject to approval of a Conditional Use Permit. The proposed 43-inch tall patio walls within the front yard setback are designed to provide open space areas to the units. The increase in height of one inch is minimal. Each proposed patio area is setback from the property line by either 3 feet or 5 feet and separated from the public right-of-way by a landscaped area. The landscaping proposed between the wall and sidewalk softens the aesthetic appearance of the wall and enhances the streetscape. The configuration provides for a varied setback along the street frontage, in accordance with the City's Urban Design Guidelines, and a green-space buffer adjacent to the sidewalk. In addition, the front patio areas serve to activate the street, contributing to the sense of community, and provide more "eyes" on the street consistent with principles of Crime Prevention through Environmental Design. CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 18079: 1. The Tentative Tract Map No. 18079 for a one lot subdivision on approximately 0.80 acre lot for condominium purposes received and dated October 15, 2020 shall be the approved layout. 2. 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/DisplavPaoe.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/green-buildinq- quidelines-rating). 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, the applicant shall satisfy the minimum ten percent Inclusionary Affordable Housing requirement by paying the applicable in-lieu fee. 5. 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, G:1PC\NOA1211012621 TTM 18079-CUP 18-032 Attachment 1.4 water quality BMP's, water system lines, fire system lines, sewer system lines, and private service utilities. 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. 6. Comply with all applicable Conditional Use Permit No. 18-032 conditions of approval. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 18-032: 1. The site plan, floor plans, and elevations received and dated October 15, 2020 shall be the conceptually approved design. 2. Prior to submittal of building permits, 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. 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. G:\PC\NOA121\012621 TTM 18079-CUP 18-032 Attachment 1.5 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. 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. 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. Tentative Parcel Map No. 18079 and Conditional Use Permit No. 18-032 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. G:1PC\NOA1211012621 TTM 18079-CUP 18-032 Attachment 1.6 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/DisplavPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/green-building- guidelines-rating). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PC\NOA121\012621 TTM 18079-CUP 18-032 Attachment 1.7 TENTATIVE TRACT MAP NO. 18079 k . IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA Amp iz�1,5 FOR CONDOMINIUM PURPOSES ^m • . I p ,t. _® /�1� I �� e e..A .1. I I ® ••••n•••. rxe•�--r ' I —Jsap v I— — J— — — r m— -- �- ri 1E7e `LOT1 '•� .o ".w W x E Ilk AL�DIB ARCS ROD a I n.loa ngsp�aps,6Q�ss ! E d Ili"1 I WV x�ewarou„ S.OM 6 CLBROITLY. � n, 4p,e i W II III yap }11i Aon ma L mu•raw�woe at I P' Ir • -asoa U OR PM n.m».4 va I re on am an l-aim a n.Ion a) IL All 0/1610,910113 RECURED DV 116 Ott I 1 ap� rti:1•react an nru m mrwm0l I. am on.roa.cl o�` I I �' 11 I . d•11/DEi8d51 MEETS 10 T.MOOG STORY DRAY MM. \ c 1 1 µrr�r+.as.� II .,.h.MT.MULL BE.wc i I gl uwi I --------I I - w ;. ... 1 _ I.j .,�j�\ SURVEY DATED:12/17/2015 •sr own:w mow :.:5" ® IRITCP WARM NO PROPERI6 pIp jnpp TENTATIVE TRACT NO.18079 S�-n �j 815 INDIANAPOUS AVENUE OW M m�...... „o A • • a...>,.....ma rum Q " _A.a.� BIMDN:fON MACH a DAIF— aa.ate....U.,..... .r ann.- C ^�d_ 41#i, 18-2213B-1 �1 aF 3 0 TENTATIVE TRACT MAP NO. 18079 I 'I 1 IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA �eoaio FOR CONDOMINIUM PURPOSES 0,0 ^•- Nfli.akiigPfif Mil 6,0 k ` ..., 'Ti �■ A n ,, 11 r� lr\ 1 1 k g- ,I . 3 cl� I ie. lil s;. �^'lj 1 V IIII� t�,r �li .� I At l . j I 1$il . . ' :. , _w . 'Ai --�,SI e. I. a�1e ! '.... J{. )Fau NEECAPTION r jivir. i� Lam. I qiii A : � IN 01 •mom` ,� \ SURVEY DATED: 12/17/2015 ts/ ® HUMP YINC115 NO f71UPER E5 TRACT NO.18079 EXISTING SITE AND ®� *= �7-T - >, °�� BOUNDARY PLAN ,..w 815 INDIANAPOLJS AVENUE o.,,.—.._....,�.� .—.... '— _. �— LZri 'NM....,4A� w_ 18 2288 2 �2 e• 3 I—A TENTATIVE TRACT MAP NO. 18079 I 'E o 1 r • + . IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA 144P4 _ te FOR CONDOMINIUM PURPOSES r-. I ly A _ I nor® r.oca mor r r I F . ►..,,, -• .yam _� - ,- -- .-1+:a 1 m I Ens... - atrar-.UlfraiitrigQ1 4 1431-"""m621‘ Oil I I: -1,1_• „ U — ,:. i, .....„ ._...1_.i: -....._. ,_., , . ....._ .. - - -, 1 - Ihs13IYi1®�1/P 1r r J �'_ yait, l.l� Ida ..® �.. �,�I� . A �1A U-0 1 ia" Q "i 11 it Y��l i"'�� lil l�„ IF .. �l ® HUMP Ii 1$ND mvn I 01 1:ii gfia7acwir,=.4fla ! 7 lir i! i 1 mo_ .1.7k:: _ PMPEfILEL13261223_ 11 ,-,;:-.. ___ ,40 / ........,„„.. °rEs -LAN TRACT NC 18079 ,-. W PRELIMINARY GRADING PLAN m CWA C r -W7 n .. 910 GEORGIA ST. 18-2288-3 3 C. 3 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND HILLTOP TOWNHOMES LLC FOR TRACT NO. 18079 THIS AGREEMENT ("Agreement") is entered into this 21 St day of September 2022 , by and between the CITY OF HUNTINGTON BEACH, a I4 A1PPP0WD Fs( Cal CaUNCIL VPJ DEEM2 2O zp2.2 municipal corporation of the State of California, hereinafter referred to as "CITY," and HILLTOP TOWNHOMES LLC ,a California LIMITED LIABILTY COMPANY,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. 18079 ; 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 1 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. 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. 3 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials,or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Eight Hundred Fifty Thousand One Hundred Seven Dollars ( $850,107 ) which is one hundred percent (100%) of the 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 Four Hundred Twenty Five Thousand Fifty Three and 50/100 Dollars($425,053.50), 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. A. Monumentation: For monumentation, in the amount of Four Thousand Twenty Five Dollars ( $4,025 ) ., 5 which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees the faithful performance for the placement of survey monumentation as described on the Map. 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. 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 6 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 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. 7 The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. 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 8 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 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 Hilltop Townhomes LLC ATTN: Director of Public Works PO Box 7647 2000 Main Street Huntington Beach, CA Huntington Beach, CA 92648 92615 9 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 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 10 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. 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 11 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 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 12 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. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of HILLTOP TOWNHOMES, LLC California Mayor By: /411t, q?‘14414.10-td NABIL JARJOUR 9�' •72' 22 City Clerk //s'A� print name ITS: Chairman/President INITIA� D AND APPR• ED: AND /// •irector of P. . orks By: r/ REVIEWED AND APPROVED: JUSTIN JARJOUR 9T 2 2-74_ print name ITS: Secretary/Chief Financial Officer City Admini rator APPROVED AS RM: City Attorney OW 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 Los Angeles ) On September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Nabil Kalim Jarjour 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 myhand and official seal. A.BISORDI o' .� NOTARY PUBLIC-CALIFORNIA ;; v�2 R LOS ANGELES COUNTY `' ; ;," COMMISSION*2285731 .�:'"ri 8 MY COMM.EXPIRES MAY 11,2023 Signature LA '' (Seal) J 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 September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Justin Kalim Jarjour 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. A.BISORDI �r.. WITNESS my hand and official seal. 3 NOTARY PUBLIC•CALIFORNIA „ice 1 R2 V LOS ANGELES COUNTY %'� A COMMISSION#2285731 ..i.PJ MY COMM.EXPIRES MAY 11,2023 :; C Signature L ` (Seal) bUNU NU. 4459427 PREMIUM $15,752.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Hilltop Townhomes LLC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated September 21st 20 22 and identified as project Tract 18079 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor, we, the principal and Markel Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum of Eight Hundred Fifty Thousand One Hundred Seven&No/100ths dollars ($ 850,107.00 lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents, The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by " City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FAITHFULL PERFORMANCE BOND FM..doc ' The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 22nd , 20 22 Hilltop Townhomes LLC as Principal By By Markel I/ u nce Com an as Surety By David e,Attorney-In-Fact By APPROVED A ORM BV: �— f �:r V: 'ATES MIC.. i‘'I T1{'IvE'i CITY OF HUI1 i INGTON BEACH FAITHFULL PERFORMANCE BOND FM..doc STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL, SIGNATURE SEAL STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL FA]THFULL 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 ) SEP 2 2 2022 On before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. A.BISORDI WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA ; - LOS ANGELES COUNTY naj c� COMMISSION#2285731 ` l ' MY COMM.EXPIRES MAY 11,2023 Signature " (Seal) • pcm# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David Noddle Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 17th day of March .2020 . • SureTec Insurance Company SVFIANCF ssS�jRANC�pi MarkelInsurance Company ab( �,9 `� y0SEAL � bill(w s co y Michael C.Keimig,President 'i ! .� R in Russo,Senior Vice President Commonwealth of Virginia County of Henrico SS: On this 170i day of March 2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. .......I$.r.... NA , IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed m Q • I.Seakatt Q tyi(Of Henrico,the day and year first above written. MY O: SBy,L � COMMISSION pNUMBER '• 2: Donna Donavant,Notary Public �i�. 7083968 .. My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Markerini fip i Iron y cls erby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and haSfgt eferi fFye& d. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of SEP 2 2 2022 Sur ec Insur ce C pan Markel Insurance Company • By By) `-11v41.l,J M.Br t Beaty,Assistant Secrete Richard R.Grinnan,Vice President an ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. 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 September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Nabil Kalim Jarjour 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. .BI WITNESS my hand and official seal. NOTARY PAUBLISC O-R(;ADI LIFORNIA ; 11.. = LOS ANGELES COUNTY �;• COMMISSION#2285731 7MY COMM.EXPIRES MAY 11,2023k,;: Signature u (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 Los Angeles ) On September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Justin Kalim Jarjour 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. A.BISORDI WITNESS my hand and official seal. r., NOTARY PUBLIC-CALIFORNIAGgL[fORNIA LOS ANGELES COUNTY COMMISSION!2285731 , r#9-1Y MY COMM.EXPIRES MAY 11,2023 Signature -\ A (Seal) BOND NO. 4459427 PREMIUM Included With Performance Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Hilltop Townhomes LLC (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated September 21st, 20 22 , and identified as project Tract 18079 , 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 Four Hundred Twenty Five Thousand Fifty Three and 50/100ths dollars ($ 425,053.50 ), 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 September 22nd 20 22 Hilltop Townhomes LLC - , as Principal By //1,/ By Markel In nce C mpany , as Surety By Davi ,Attorney-In-Fact By APPROVED AS TO FORM By: MICHAEL E.GATES CITY ATTORNEY CITY(lr i io-rT.r-role REACH 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL FAITHFULL 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 ) SEP 2 2 2022 On before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. A.BISORDI WITNESS myhand and official seal. .� NOTARY PUBLIC-CALIFORNIA ; i $ yLOS ANGELES COUNTY COMMISSION#2285731 cir4ifh' MY COMM.EXPIRES MAY 11,2023 6.,1;r Signature ' J (Seal) POAft 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David Noddle Their true and lawful agent(s)and attorneys)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided;however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 17th day of Merck ,2020 . SureTec Insurance Company `�SUR' ``aStt oN,,, Markel Insurance Company �� AO. p ` o f0:01. aw i I17411I SEAL ,� -4 --— 5a r By: do, 1 f t •••2 y; By: 1 /� Michael C.Keimig,President �i 4T>!4• �� R in Russo,Senior Vice President *«r 1.rpl.k`p"`�� Commonwealth of Virginia County of Henrico SS: On this 17th day of March . 2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. lleellrlrsq�, N IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mwbf • 1.5aah ht Q C itYAf Henrico,the day and year first above written. CCC��� P ck C/ .'li �. P Q : MY n: By:LT COMMISSION 0;• NUMBF_R Q Donna Donavant,Notary Public 7083968 .•Cj.•• My commission expires 1/31/2023 We,the undersigned Officers of SureTec Insurance Company and Marke119:a Fpg1_9o14*.y dQ'Oerby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and hagtrgtatASri rtyofc4d. SEP 2 2 2022 IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of Sur ec Insur ce C pan Markel Insurance Company By By:(J �' '' 14fY J M.Br t Beaty,Assistant Secrets Richard R.Grinnan,Vice President an ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. 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 September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Nabil Kalim Jarjour 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. NOTARYUBLI PC-CALIFORNIA LOS ANGELES COUNTY ' g � COMM155ION�2285731 �;;r 'i�f MY COMM.EXPIRES MAY 11,2023 �;,; � 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 Los Angeles On September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Justin Kalim Jarjour 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. A.BISORDI •'�'�" WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA �`; LOS ANGELES COUNTY COMMISSION 12285731 . MY COMM.EXPIRES MAY 11,2023 Signature (Seal) BOND NO. 4459428 PREMIUM $250.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Hilltop Townhomes LLC as Subdivider of Tract No. 18079 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 Hilltop Townhomes LLC (Subdivider) as principal, and Markel 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 $ 4,025.00 , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 22nd day of September , 20 22 Hilltop Town omes LLC ,as Principal By By Markel In r nce C mpany , as Surety By Davi N ,Attorney-In-Fact By APPROVED AS TO FORM {3v. _ 1 aEt CIiY Ai!0;:+L. CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL FAITHFUL PERFORMANCE BOND FM..Ioc 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 SEP 2 2 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. A.BISORDI •`~�`'� WITNESS myhand and official seal. .. NOTARY PUBLIC-CAUFORNIA LOS ANGELES COUNTY " �f COMMISSION i 22857312DZ3 ,nr �9�g' MY COMM.EXPIRES MAY 11, ,i,7 Signature (Seal) POA# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David Noddle Their true and lawful agent(s)and attorneys)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided;however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 170, day of March ,2020 . SureTec Insurance Company SUFtANC ````SUsr czjz Markel Insurapce Company \� CFO $' o d T. V+f I9`i0 W.G M.O wf SEAL /% i- Michiel C.Keimig,President ' ? :�� R ,Senior Vice President 11111.. Commonwealth of Virginia County of Henrico SS: On this 171h day of Marc, . 2020 A.D.,before me,a Notary Public of the Commonwealth of Virginia,in and for the County of Henrico,duly commissioned and r qualified,came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the,said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. 0%4......q� � � IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed mobf l.$®D O g G {'Af Henrico,the day and year first above written. LLLJJJ • p;o� R Po.9•• .�� : MY n: COMMISSION ey 0••• NUMBER ;Q Donna Donavant,Notary Public • 7083968 CD My commission expires 1/31/2023 04 .•��Q We,the undersigned Officers of SureTec Insurance Company and MarkeYknLC:ffewiy dS'herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and haSfgtal2iiri[ vestcl'd. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of SEP 2 2 2022 Sur ec Insur ce C pan Markel Insurance Company By By: / 1 j Richard R.Grinnan,Vice President an f.ecrr ary Br t Beaty,Assistant Secrete Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. 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 September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Nabil Kalim Jarjour 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. A.BISORDI y.. WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA ;" ,• 6 LOS ANGELES COUNTY � COMMISSION#2285731 `':;r;�ll MY COMM.EXPIRES MAY 11,2023 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 Los Angeles ) On September 22, 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared Justin Kalim Jarjour 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. .BISORDI WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORmA ' LOS ANGELES COUNTY COMMISSION S 2285731 ` :;r, MY COMM.EXPIRES MAY 11,2023 „ Signature (Seal) /,,o��,�Nj.N..Gro�� City of Huntington Beach 1�+� i •‹<' 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536 5227 ♦ www.huntingtonbeachca.gov •-�o ,�� Office of the City Clerk '�Co ff •0"�/i' Robin Estanislau, City Clerk January 5, 2023 Hilltop Townhomes LLC PO Box 7647 Huntington Beach, California 92615 Re: Tract Map No. 18079 —Georgia Townhomes Subdivision — Hilltop Townhomes LLC— 910 Georgia Street To Whom It May Concern: The City Council of Huntington Beach, at its regular meeting held Tuesday, December 20, 2022, approved the Subdivision Agreement for Tract Map No. 18079. We are enclosing a copy of the agreement and bonds for your files. Sincerely, 11411) 9,4*/4120144d Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand g:\followup\sdivagmt 11/21 •• NTINGTO • cRpofl••.2: City of Huntington Beach "..:Pc; 2000 Main Street ♦ Huntington Beach, CA 92648 - = • 1 (714) 536-5227 • www.huntingtonbeachca.gov _ .�=: ���cF''f674 4`,'13'•��% Office of the City Clerk COUNTY tIN Robin Estanislau, City Clerk December 22, 2022 Fidelity National Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Attention: Theresa Robertson (619) 521-3552 Re: Order No. 171145-RT4- Tract Map No. 18079 -910 Georgia Street - } .11X10P The City Clerk's Office has prepared Final Tract Map No. 18079 (910 Georgia Street) 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. 601/14Li 6Z6S4ZZLaft") Robin Estanislau, CMC City Clerk RE:ds Enclosure Received by: Date: t�-r - 2 Z Sister City: Anjo, Japan g:/followup/tract/escrow pick-up.doc NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: tZ1,21 1 ZZ FROM: COMMUNITY DEVELOPMENT DEPARTMENT TRACT NO. 1 6 0 7q PARCEL MAP NO. PARK AND RECREATION FEES PAID: M'YES $ 24401 � 0 ❑NO DEVELOPER: 0111 tiy T /1 6v1A-C 3 L 1 u Tr') for: Ursula Luna Reynosa Director of Community Development CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Donna Switzer, Senior Deputy City Clerk FROM: Bob Milani,Principal Civil Engineer DATE: December 22, 2022 SUBJECT: Tract Map 18079 Address is 910 Georgia Street 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 name: Fidelity National Title Company Title Company Street Address: 2365 Northside Drive, Suite 600 Title Company City, State,and Zip Code: San Diego, CA. 92108 Title Officer's name: Theresa Robertson (theresa.robertson(&ctt.com) Title Officer Telephone Number: (619)521-3552 (direct) Commitment/Order Number: Order No. 171145-RT4 Client: Justin Jarjour Hilltop Development& Construction Address: 815 Indianapolis Ave. Huntington Beach, CA 92648 (714) 624-7625 Engineer: Jones, Cahl &Associates Inc.,Daniel Rubio,P.L.S,R.C.E. (714) 848-0566 Regarding the Property at 910 Georgia Street Note: To the City Clerk's Office: A Planning Department Release Slip must be received prior to the release of this Tract Map to the Title Company for recording. Upon the City Clerks receipt of the recorded copy,please send a copy of the Tract Map to: 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 714-967-0845 2. FIB Planning Department Attn: Tess Nguyen 714-374-1744 3. FIB Public Works Department Attn: Steve Bogart 714-374-1692 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: jon,G(Li S, 2 2? SUBJECT: Bond Acceptance I have received the bonds for /hey, Town hort—/- " (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. Zill5T 2 -- Labor and Material Bond No. L/y5cJ 1129-- Guarantee and Warranty Bond No. Monument Bond No. yys9 L/2' Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /00 91 Approved /2/26/e2o22 (Council Approval bate) CC No. Agenda Item No. r7-(22-103/) MSC No. City Clerk Vault No. Li-W. /O 0 / Other No. SIRE System ID No. �D g:/forms/bond transmittal to treasurer e-e C -rt.:4) jekf-X Grp - )10 Cc t