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Approve Final Tract Map No. 19136 - Accept Bonds - Authorize (2)
f,� ��Ti- jo� CITY OF 141-1 454„rre n; HUNTINGTON BEACH �oUr�Tv Alisa Backstrom, MBA, CCMT, CPFIM I Elected City Treasurer June 5, 2024 XL Specialty Insurance Company 1209 North Orange Street Wilmington, Delaware 19801 Re: Lennar Homes of California Surety Release To Whom It May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on May 21, 2024, which we are returning to you: Tract No. 19136 Faithful Performance Bond No. US00121914SU22A Labor and Material Bond No. US00121914SU22A We have also enclosed a copy of the City Council Action approving the release of the above-referenced bonds and acceptance of Guarantee and Warranty Bond No. US00121914SU22A-M. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, ittl calk Joyce M. Zac Deputy City Treasurer City of Huntington Beach Cc: Lennar Homes of California (without copies) City of Huntington Beach City Clerk Enclosures Office:(714)536—5200 I 2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov RECEIVED BY: CITY CLERK RECEIPT COPY !: Return DUPLICATE to v ile. 1.1" 1^' City Clerk's Office (Name) t I after signing/dating (Date) 13 1 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk ` DATE: I`AG1 30 2.o2L SUBJECT: Bond Acceptance I have received the bonds for 1. o1'-ti 1- vrrr'4) L4 l.A trQ1 '\i(t_._l (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. 1/1j CO 12-10 `- .i(. _2-2 f1- Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. , 113 V Approved 12-!2.0/2OZ7 (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. 1 ZD. (0 0 Other No. SIRE System ID No. (0 L13 1-1 W g:/forms/bond transmittal to treasurer 0A-r ni r 2000 Main Street, OyC,l,�yQAPDp.,}�p.�e Huntington Beach,CA 1U• • w; 92648 City of Huntington Beach APPROVED 7-0 4;jis CPS File #: 24-298 MEETING DATE: 5/21/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Jacob Aube, Senior Civil Engineer Subiect: Approve and Accept the Public Improvements, Release the Securities, and Accept a Guarantee and Warranty Bond for Gisler Park Statement of Issue: Lennar Homes of California, the developer of Tract 19136, has completed their required public improvements of adjacent Gisler Park which were a condition of approval for Tract 19136. Lennar Homes of California is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: No funding is required for this action. Recommended Action: A) Accept the public improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and B) Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and C) Accept Guarantee and Warranty Bond No. US00121914SU22A-M (Attachment 3), the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and D) Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and E) Instruct the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted. City of Huntington Beach Page 1 of 3 Printed on 5/15/2024 powere3111,LegistarM File #: 24-298 MEETING DATE: 5/21/2024 Alternative Action(s): Deny the recommended actions. Denying the recommended actions may violate the Subdivision Map Act whereby: Section 66499.9 of the State of California Government Code requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor, and materials furnished. Denying the acceptance of the Guarantee and Warranty Bond may place undue burden and costs upon the City for correcting any defective work, labor, and material provided by Lennar Homes of California. Analysis: On September 28, 2021, the Huntington Beach Planning Commission conditionally approved Conditional Use Permit No. 20-024 and Tentative Tract Map No. 19136, authorizing the construction of Tract 19136. One of the conditions of approval was improvements to adjacent Gisler Park, including a new walkway, playground, landscaping, and irrigation. On December 20, 2022, City Council approved execution of the Subdivision Agreement between the City and Lennar Homes of California (developer) and also accepted the project's required surety bonds for Gisler Park improvements as follows: Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A. Public improvements for Tract 19136 and Gisler Park are bonded separately. This request is only for release of the Gisler Park bonds. Bonds for Tract 19136 will remain in place. The City Engineer has determined that the public improvements for Gisler Park have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of these improvements. Project Data: Developer: Lennar Homes of California, LLC 2000 Fivepoint, 3rd Floor, Irvine, CA 92618 Engineer: Fuscoe Engineering, Inc. 15535 Sand Canyon Avenue, Suite 100, Irvine, CA 92618 Surveyor: Fuscoe Engineering, Inc. 15535 Sand Canyon Avenue, Suite 100, Irvine, CA 92618 Surety: XL Specialty Insurance Company 1209 North Orange Street, Wilmington, Delaware 19801 Location: 21215 Strathmoor Lane, Huntington Beach, CA 92646 Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 5/15/2024 poweree.'l,LegistarM File #: 24-298 MEETING DATE: 5/21/2024 This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s1 1. Location Map 2. Notice of Acceptance of Public Improvements 3. Guarantee and Warranty Bond No. US00121914SU22A-M 4. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 5/15/2024 powerenlif LegistarM INDIANAPOLIS AVE ct- z 0 0 Z I— Q M ATLANTA AVE D z PRO..ECT SITE o o CC 0 CO HAMILTON AVE _ _-----7 D l\1 m VICINITY MAP N.T.S. .a i - ■ E', � ..,..' J n,�a,gSeamarkR 'MAW." �• ,�' V,, r Y. • 41 i• 7i) it r . 4. '• I 1 ' 4 .' , . • a ., Nt .., ir ..„.1,, 4 •"' 1r—,,.. t . OluefleldQ7- 1` E . �. °_a '' Daybrea :Dr ._� tifr 0 t a , T Fairfax Prvductio i s- .1 I,, r i.• J} ry v N r , Gisler Dr ypc, L> 7,;,,, 0 1 xitf`sot /, * 4:• i. .�-r�fel !► _• • 4;7" b M DaybreakvDr E:fIngham D~ ire _i •4'. ,k ,,,,,,,, *Gis er Park . ueree a r- e - r Paelfic Tennis Court �x< • - Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder • 110 11110 HH UI IV lU IIII I110IIIIIIIII� � ��� NO FEE * $ R 0 0 1 4 9 5 7 4 2 3 $ * Recording requested by, ' 2024000127894 11:10 am 05/22124 and when recorded return to: 90 CR-SCO6 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) • ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on April 10, 2024 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Public improvements constructed consist of: a. Curb,gutter,paving, sidewalk,irrigation,landscaping,and playground in Gisler Park per the Improvement Plans for this park and, The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the May 21,2024 City Council Meeting Submitted for Recordation by the Orange County Recorder. • - Attest M 22 2Z11 3°24 . City Clerk and Ex-officio Clerk of the City Cocif of the City of Huntington Beach,California By { Deputy D a Switzer • CITY OF / GTON BEACH By: ity n eer Tom Herbel,PE -This document is solely for the official Madness of the City of Huntington Beach, as contemplated under Government Coda Sec.27353 and should to recorded free of charge. Recording requested by, and when recorded return to: Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on April 10, 2024 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Public improvements constructed consist of: a. Curb, gutter,paving, sidewalk, irrigation, landscaping, and playground in Gisler Park per the Improvement Plans for this park and, The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the May 21, 2024 City Council Meeting Submitted for Recordation by the Orange County Recorder. 1 A Attest I`�1 AI 22 2,92H ;ON City Clerk and Ex-officio Clerk of the City C cil of the City of Huntington Beach, California By Deputy D a Switzer CITY OF UNTINGTON BEACH By: City n eer Tom Herbel,PE This document Is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Sec. 27383 and shouid-be recorded free of charge. DocuSign Envelope ID:FBC63B5B-420C-46EE-B8B2r401EECO1DD6B BOND NO.US00121914SU22A-M PREMIUM $0.00/Annum GUARANTEE AND WARRANTY BOND WHEREAS,Lennar Homes of California, LLC,a Califomia Limited Liability Company,as Principal,and XL Specialty Insurance Company a corporation organized under the laws of the State of Delaware and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of One Hundred Eighty Thousand Dollars($180,000.00),representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said Principal entered into a contract with said Obligee,dated December 20, 2022 for work described as follows: Gisler Park Improvements(21215 Strathmoor Lane) WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one-year period. WHEREAS,said work has been completed,and accepted by Obligee onilapiF+21224r NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on April B ,2024 1 DocuSign Envelope ID:FBC63B5B-420C-46EE-B8B2-401EEC01DD6B Lennar Homes of California. LLC,a California Limited Liability Company,as Principal By: (.., ____V"—).- Itltt-t 6 V. ltk",JG1L Printed Name N.e. fib' XL Specialty Insurance Company ,as Surety By: /il kif":"" -k---Yg. Marie Claire Trinidad,Attorney-In-Fact Printed Name APPROvrT AS Tr."'FORM _ifulk)\ MICHAEL E. GATES AT"CCR�1E� CITY OFCITY HUN1'll1L' Ct•1 1-EACH 2 DocuSign Envelope ID:FBC63B5B-420C-46EE-B8B2-401EEC01DD6B STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSON APPEARED AND PROVED TO ME ON THE BASIS OF STATISF TORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO E WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE S: E IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE STRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON •CTED,EXECUTED THE INSTRUMENT. WITNESS MY HAN SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY P :LIC IN AND FOR SAID STATE IN COUNTY • r PRINTED NAME MY COMMISSION EXPIRES `SEE ATTACHED CALIFORNIA ALL-PURPOSE •TE OF CALIFORNIA ) ACKNOWLEDGMENT FOR SURETY SS COUN •FORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND F•- SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF S =TISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO TH- THIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEI- :UTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PE- •NS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INST-• ENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE 0 •USINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN sUNTY PRINTED NAME MY COMMISSION EXPIRES 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On Di- °s -0024 before me, Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title"Notary Public' personally appeared Marie Claire Trinidad [Name(s)of Signer(s)] who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. E, m ty KATHY R.MAIR WITNESS my hand and official seal. Notary Public•California a Orange County z Commission#235550U ram- Vai)(QUA r oN'�My Comm,Expires May 22,2025 roLte=r;Signatu of Nota Public Place Notary Seal Above ---------------------------------------- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marie Claire Trinidad Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General ❑ Partner—❑ Limited ❑ General ❑ Individual ® Attorney-in-Fact ❑ Individual ❑ Attorney-in-Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer is Representing: 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 ) SS. COUNTY OF ORANGE ) On April 10, 2024 , before me, Andrea M. Gonzales, Notary Public, personally appeared Brian Bencz ,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 Signature ��ICR f!► ,�- V SEAL ). ANDREA M.GONZALES Notary Public-California = Orange County z .. _- Commission N 0182 L,.o.' My Comm,Expires Apra,2026 - - - DocuSign Envelope ID:83DA68A5-5FF7-4C46-BCEO-DFDBD9B8BDAE Power of Attorney fC XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY A A XL 1626280 KNOW AU. MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 677 Washington Blvd.,10th Floor,Stamford,CT 06901,do hereby nominate,constitute,and appoint: Tenzer V. Cunningham, Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Martha Gonzales, Sokha Evans, Marie Claire Trinidad each Its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on Its behalf, as surety, and as its act and " deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed$100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. • The Power of Attorney is granted and Is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to . attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this January 23rd,2024. px wunuy� XL SPECIALTY INSURANCE COMPANY ��N5U1?ANc 04`FOI�I U e!u As10 SEAL -; by: yf� i,,�� Gregory Boal,VICE PRESIDENT „miam a+STATE OF PENNSYLVANIA COUNTY OF CHESTER Attest: Kevin M.Mirsch, ASSISTANT SECRETARY On this 23rd day of January, 2024, before me. personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument Is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said Instrument by like order. IttoOfiWitittlS Of Penns ylvitYt •Notary Slat $Of!C6 Food-Brown.Notary Pirlbnc Chester Cputity P • y commission cwiltaftMarch5.2026 Comtftitston umber1.322812 S.Grace Freed-Brown,NOTARY PUBLIC MArfr*ef..INifOttytirettaAssoolottett:of N otwits SB0042 Page 1 of 2 DocuSign Envelope ID:83DA68A5-5FF7-4C46-BCEO-DFDBD9B8BDAE STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this 8th day of April, 2024, 00luwitim `Nsu!3,4 (1:. SEAL • 2 Kevin M.Mirsch, ASSISTANT SECRETARY • IN WITNESS WHEREOF, XL REINSURANCE AMERICA -INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 23rd day of January, 2024. ( Ayi XL REINSURANCE AMERICA INC. ttS I by: � t ySz+""{ Gregory Boat,VICE PRESIDENT Attest: f"\ Q'. Kevin M.Mirsch, ASSISTANT SECRETARY STATE OF PENNSYLVANIA • COUNTY OF CHESTER .. On this 23rd day of January, 2024, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he Is Vice President of XL REINSURANCE AMERICA INC., described in and which executed 'the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation,and ythat he executed the said instrument by like order. Com%On lath of Plttfrsylna s•Notary-Seat Grate Freed-Brown,Notary Public Chster`Courdy .My totranitsion expires March 5,2028 S.Grace Freed-Brown,NOTARY PUBLIC eerltrttis$iorttanaber 1322812 EtelttiOtt.NOitiyheittlIOAO$4+414,11 OrNOtMt£e STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney Issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this _ day of AAC"" ("j ``' stA1 Kevin M.Mirsch, ASSISTANT SECRETARY YO This Power of Attorney may not be used to execute any bond with an inception date after 1/23/2026 SB0042 Page 2 of 2 ,,,,,,......„ ,- — /0 -1. ING ro'-ek, . .. .. .� �/ Gisler Park ••.• ORP0RA7 ••• \ ► . 0 •%o \ • -_ - -- _ , - '•• 37 \ Acceptance of Public Improvements �'�'`'' �'''� •• \ and Release of Surety Bonds . .. . -1r.A0=7 , ,, )/_7, , : - % f ••• Fa °...... Q% __— . , __ e 4( 0 Department of Public Works c a0 F .... C t ',0 C Cl NTy BAC KG ROU N • On September 28, 2021 , the Huntington Beach Planning Commission conditionally approved Conditional Use Permit No. 20-024 and Tentative Tract Map No. 19136, authorizing the construction of Tract 19136, which includes development of a 13.9- acre site to subdivide into 85 detached single-family residences, along with onsite/offsite utility upgrades and street improvements along Strathmoor Lane, Effingham Drive, and Bluefield Drive. • In addition to the improvements listed above, one of the conditional requirements for the project was for Lennar Homes of California, LLC (the developer) to improve adjacent Gisler Park, including new walkways, playground, irrigation, and landscaping. • On December 20, 2022, City Council approved execution of the Subdivison Agreement between the City and Lennar Homes of California, LLC (owner/developer), ##i��NT and also accepted theprojects required surety ° bonds. Tract 19136 and Gisler Park 0. �`• �N_ °garEo•..•••�F�\ were bonded separately. The bonds for Gisler Park are as follows: Faithful _ _ • Performance Bond No. US00121914SU22A and Labor and Materials Bond No. o ;y E._ : Q US00121914SU22A. This bond release is only related to Gisler Park improvements. w2n••.,,FF_=-- Improvements for adjacent Tract 19136 are bonded separately and will remain in =FCOIIN • T`I i�� place. LOCATION MAP INDIANAPOLIS AVE ct v) Q v O z 4— Q CD v) ATLANTA AVE D z PROLECT SITE o o m cc HAMILTON AVE _ _/ 1 cn m 1 \ IN.....GT 2 11 • c, .�cpRP0RA•TEO.••. k . .... �� VICINITY MAP � __ N.T.S. ��v2. NEED/WHY/ BENEFITS • The developer has completed all required public improvements in Gisler Park and is now requesting release of the aforementioned surety bonds, pursuant to California Government Code Section 66499.7(a). • The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends acceptance of these improvements. • This bond release is only related to Gisler Park improvements. Improvements for adjacent Tract 19136 are bonded separately and will remain in place. ��,�NINGT / •,..... 4p 0 RA TEN/' : S�\ eouNT`1 ��i�� DETAILS • The constructed public improvements in Gisler Park include: • Concrete walkways, playground, irrigation, and landscaping • A Guarantee and Warranty Bond has been submitted by the Developer to provide a one-year warranty period to the City for the subject public improvements. �� NTIN.T a °< .... i -57 CObNT`I 0Pi/0 RECOMMENDATION A) Accept the improvements constructed in Gisler Park, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder; and, B) Release the securities for Gisler Park - Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and, C) Accept Guarantee and Warranty Bond No. US00121914SU22A-M, the security furnished for guarantee and warranty of public improvements in Gisler Park, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Instruct the City Clerk to notify the developer, Lennar Homes of California, and the City ' ii �N TINGT I/O •.•\Nt ORPORATEp•y" Treasurer to notify the Surety, XL Specialty Insurance Company, of these actions; and, 1� :• •.•.VF9�\ E) Instruct the City Treasurer to notify the City Clerk when the securities mentioned above ‘c,Dit. r = Q 1S have been released and the guarantee and warranty bond mentioned above has been 26:•..ei, o� .. �' ''•••:::i.10.. ••��� it accepted. °°LAM c ' , .....,- -..75- "' •--.,,,,Asz.-1"-. ... . _. ......., Questions ? ,• „,......„ , ,, ,_, ‘ ' IS--W!• ......-•..-- ' 701'Awl:14 agii '-,Pi'-'71171,1 pli if j .1LW MIA 1 rfial . -11 i A'1;11;...;:-7"•''rit--..,--;-..,.., 7 „..____-,---,--_-.....:,.--7.:,-,: 'i 1 --;-a-",..,-- . \ .---_ ---„..---- , ir--2..,, .::m,'-'7:000,55•". ... - • " , .vCA-•-•:"....2- ' ,',..1... 4 .- ' .......... -,,,..:4,,...i. .,- , I l' 1.•,--7--;--..--Z-,- , , 1.,'r_. '1 71,4;'4. '•,:''-'i :1'1--.? 147.4.;e°. , 41. i ,' -:•°--/i::,--•:r, ii:,, ! `i• 7, . 1 .V'crl,--- \ :._. --- - '-'.!-' ....- . • . .. . - •_-.1 *- A .-- '4. '. •:',.... ., •. i.. ,. ‘,'- f• - . _ ------,7i ••....- ._-----t:-.--...,i-1.---......7,-mt• • - . -•-•-•% ' '-• -- v ....-e- 17.,---Ik-•- • 'y • ''.' ' - - --- --.. --:-.._ „..-„,..-..-<:---: ISC:-,..- _ • ' -- • •••• . ' .--1-illrt't r 0110-"-Vie..:::"-. -...r 4 . • ` i ' •-...• 111-11!iii. e"j1IP***. !<14410. 4094' • • .40:,\ TINGre>> City of Huntington Beach • _ v 2000 Main Street • Huntington Beach, CA 92648 "' (714) 536-5227 ♦ www.huntingtonbeachca.gov 1, ✓`; ,e; r ,� ���� Office of the City Clerk < CpUfVTY 0\\- Robin Estanislau, City Clerk May 30, 2024 Lennar Homes of California, LLC 2000 Fivepoint, 3rd Floor Irvine, CA 92618 To Whom It May Concern: Re: Accept public improvements, release the securities, and accept a Guarantee and Warranty Bond for Gisler Park Please be advised that on Tuesday, May 21, 2024, the City Council of the City of Huntington Beach took the following action: Approved and accepted the public improvements, released the securities, and accepted a Guarantee & Warranty Bond for Gisler Park. A)Accepted the improvements constructed in Gisler Park, and instructed the City Clerk to record the Notice of Acceptance of Public Improvements(Attachment 2)with the Orange County Recorder; and, B) Released the securities for Gisler Park—Faithful Performance Bond No. US00121914SU22A and Labor and Materials Bond No. US00121914SU22A; and C) Accepted Guarantee and Warranty Bond No. US00121914SU22A-M (Attachment 3); the security furnished for guarantee and warranty of public improvements in Gisler Park, and instructed the City Clerk to file the bond with the City Treasurer; and, D) Instructed the City Clerk to notify the developer, Lennar Homes of California, and the City Treasurer to notify the Surety, XL Specialty Insurance Company, of this action; and E) Instructed the City Treasurer to notify the City Clerk when the securities mentioned above have been released and the guarantee and warranty bond mentioned above has been accepted. Sincerely, e67441114,44) Robin Estanislau City Clerk RE: ds Sister City: Anjo, Japan g:/followup/tract/acceptpublicimp-notice.doc procedure#22 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating • (Date) %, Q CITY OF HUNTINGTON BEACH ,_, INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk Mel I`�`O` 3o, •Z.D2H SUBJECT: Bond Acceptance I have received the bonds for UG{'w\io( 1 'v" - 4 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. (/�� �� _Z� 1‘4 Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. M13 Approved 1212D 12027 (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. L(2.0, (0 0 Other No. SIRE System ID No. 01 (" ( 31 g/forms/bond transmittal to treasurer RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to (Name) — City Clerk's Office after signing/dating III . (Date) Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: G(I'��'1111'l. . 1 2023 . SUBJECT: Bond Acceptance I have received the bonds for r'',t?/' !rf- 4)7 .,r r `t � , XC (Company Name) J 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. l iso0/2./0/L/ Labor and Material Bond No. I/5 0 U/�// /<.-J '1 Guarantee and Warranty Bond No. • Monument Bond No. `>-C!)W2,.iX'j/3,S/(,,2.,.2#1— Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /ii•3f/ Approved 42k (Council Approval Date) CC No. Agenda Item No. /L !/Z2 153) MSC No. City Clerk Vault No. h/026. (OU Other No. SIRE System ID No. 7/3/) g:/forms/bond transmittal to treasurer 07SL€ u f42/j,di,� ti',c. /9-Ppgo v&-D 7-O ��N1i��Ta 2000 Main Street, of �� Huntington Beach,CA £ r 92648 o � aq, City of Huntington Beach ?�CONNTY tP�\�i File #: 22-755 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: Ricky Ramos, Principal Planner Subject: Approve Final Tract Map No. 19136, accept bonds, and authorize execution of a Subdivision Agreement for the Gisler Residential subdivision by Lennar Homes of California, LLC at 21141 Strathmoor Lane Statement of Issue: Presented for your consideration is Final Tract Map No. 19136 for the Gisler Residential subdivision by Lennar Homes of California, LLC at 21141 Strathmoor Lane (west side, south of Bluefield Drive). This map subdivides an approximately 13,6 net acre site into 85 single-family residential numbered lots and 15 lettered lots for private streets, open space, and landscaping. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 19136 and accept the offer of dedications 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 Lennar Homes of California, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond Nos. US00121914SU22A and US00121915SU22A, Labor and Material Bond Nos. US00121914SU22A and US00121915SU22A, and Monument Bond No. US00121913SU22A as sureties (Attachment No. 7) for the installation of the subdivision's required public improvements and survey monumentation and Gisler Park improvements; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, XL Specialty Insurance Company, of this action. Analysis: City of Huntington Beach Page 1 of 3 Printed on 12/14/2022 powered by Legistarm File #: 22-755 MEETING DATE: 12/20/2022 A. PROJECT PROPOSAL Applicant: Dan Hosseinzadeh, Lennar, 2000 FivePoint, 3rd Floor, Irvine, CA 92618 Property Owner: Lennar Homes of California, LLC, 2000 FivePoint, 3rd Floor, Irvine, CA 92618 Surveyor: Kurt R. Troxell, Fuscoe Engineering, 16795 Von Karman, Suite 100, Irvine, CA 92606 Surety: XL Specialty Insurance Company Location: 21141 Stathmoor Lane (west side, south of Bluefield Drive) General Plan: RL (Residential Low Density) Zoning: RL (Residential Low Density) No. of Acres: 13.6 net No. of Numbered Lots: 85 No. of Lettered Lots: 15 No. of Units: 85 B. BACKGROUND On September 28, 2021 the Planning Commission approved Tentative Tract Map (TTM) No. 19136 to subdivide approximately 13.6 net acres into 85 numbered lots and 15 lettered lots for the development of 85 single family residences. The Planning Commission also approved Conditional Use Permit No. 20-024 and recommended approval to the City Council of General Plan Amendment No. 20-002, Zoning Map Amendment No. 20-002, and Mitigated Negative Declaration No. 20-002 as part of the proposed project. A motion was made by Mandic, seconded by Perkins, to approve TTM No. 19136 with findings and conditions carried by the following vote: AYES: Acosta-Galvan, Mandic, Perkins, Scandura, Rodriguez NOES: Ray ABSTAIN: ABSENT: City of Huntington Beach Page 2 of 3 Printed on 12/14/2022 powered by LegistarT' File #: 22-755 MEETING DATE: 12/20/2022 C. RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission. The conditions require certain dedications to the City for various purposes such as streets, public sidewalk, public utilities, police/fire access, and water quality inspection. Also presented for City Council approval and execution are the required Subdivision Agreement (between the City and Lennar Homes of California, LLC) and bonds pursuant to the Zoning and Subdivision Ordinance and Subdivision Map Act in order for the map to record prior to the required public improvements being completed. Environmental Status: The action to accept Final Tract Map No. 19136, the Subdivision Agreement, and 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. 19136 4. Planning Commission Notice of Action for Tentative Tract Map No. 19136 5. Tentative Tract Map No. 19136 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 LegistarT' ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19136 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Zoning and Subdivision Ordinance, and Tentative Tract Map No. 19136 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept dedication in fee to City for street and public utility purposes for Strathmoor and Bluefield. 2. Accept easement dedication to City for public utility and public sidewalk purposes along Strathmoor and Bluefield. 3. Accept easement dedication to City for Police and Fire Department access purposes on the private streets and private drive within tract. 4. 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( � \ to 0• M- to »§;&§;r §§ ' !$§§)§| k §/ |« }§§\!\® § ". 2 )k k(§)\R) | \§ k ') ; ��, i. § \\ .\ )) §\ \ —7 ) e ./ Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION September 29, 2021 Derek Spalding Brookfield Residential 3200 Park Center Drive, Suite 1000 Costa Mesa, CA 92626 SUBJECT: GENERAL PLAN AMENDMENT (GPA) NO. 20-002, ZONING MAP AMENDMENT (ZMA) NO. 20-002, TENTATIVE TRACT MAP (TTM) NO. 19136, CONDITIONAL USE PERMIT (CUP) NO. 20-024, MITIGATED NEGATIVE DECLARATION (MND) NO. 20-002 (GISLER RESIDENTIAL) APPLICANT: Derek Spalding, Brookfield Residential, 3200 Park Center Drive, Suite 1000, Costa Mesa, CA 92626 PROPERTY OWNER: Huntington Beach City School District, 8750 Dorsett Drive, Huntington Beach, CA 92646 REQUEST: To amend the land use designation from Public-Semipublic (underlying Residential Low Density) (PS(RL)) to Residential Low Density (RL); to amend the zoning designation from Public-Semipublic (PS) to Residential Low Density; to subdivide a 13.9 gross acre site into a Planned Unit Development project with 85 single family residential numbered lots with reduced size and width and 15 lettered lots for private streets, open space, and landscaping; to allow retaining walls over 2 feet tall topped with a 6 foot tall wall/fence; to analyze the potential environmental impacts of the proposed project. LOCATION: 21141 Strathmoor Lane (west side, south of Bluefield Drive) DATE OF ACTION: September 28, 2021 On Tuesday, September 28, 2021, the Huntington Beach Planning Commission took action on your application, and recommended approval of General Plan Amendment No. 20-002 by approving the draft City Council Resolution and forwarded the recommendation to the City Council, recommended approval of Zoning Map Amendment No. 20-002 with findings for approval by approving the draft Ordinance and forwarded the recommendation to the City Council, approved Tentative Tract Map No. 19136 and Conditional Use Permit No. 20-024 with findings and conditions of approval, and recommended approval of Mitigated Negative Declaration No. 20-002 with findings and mitigation measures and forwarded the recommendation to the City Council. Please see the attachment list for the applicable documents for each application. Phone 714-536-5271 Fax 714-374-1540 www,surfcity-hb.org Notice of Action:GPA 20-002/ZMA 20-002/TTM 19136/CUP 20-024/MND 20-002 September 28,2021 Page 2 The application for GPA No. 20-002, ZMA No. 20-002, and MND No. 20-002 will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission on Tentative Tract Map No. 19136 and Conditional Use Permit No. 20-024 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 Friday, October 8, 2021 at 5:00 PM. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Ricky Ramos, the project planner, at (714) 536-5624 or via email at RRamos©surfcity-hb.org, or the Community Development Department at(714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By: J e Ja s, Planning Manager ULR:JJ:RR:kdc Attachments: 1. Findings and Conditions for Approval-MND Na. 20-002, ZMA No. 20-002, TTM 19136, and CUP No. 20-024 2. GPA No. 20-002 Draft City Council Resolution 3. ZMA No. 20-002 Draft Ordinance c: Honorable Mayor and City Council Chair andPlanning 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 Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL MITIGATED NEGATIVE DECLARATION NO. 20-002/ ZONING MAP AMENDMENT NO. 20-002/ TENTATIVE TRACT MAP NO. 19136/ CONDITIONAL USE PERMIT NO. 20-024 FINDINGS FOR APPROVAL—MITIGATED NEGATIVE DECLARATION NO. 20-002: 1. Mitigated Negative Declaration No. 20-002 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Planning Commission prior to action on Mitigated Negative Declaration No. 20-002, General Plan Amendment. No. 20-002, Zoning Map Amendment No. 20-002, Tentative Tract Map No. 19136, and Conditional Use Permit No. 20-024. 2. Mitigation measures, incorporated into the Mitigation, Monitoring, and Reporting Program avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. No significant impacts are anticipated with implementation of mitigation measures in the areas of biological resources, cultural resources, geology, noise, transportation, and tribal cultural resources. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. Potential impacts from the project are reduced to less than significant through the project design, regulatory requirements, and mitigation measures. FINDINGS FOR APPROVAL-ZONING MAP AMENDMENT NO. 20-002: 1. Zoning Map Amendment (ZMA) No. 20-002 to change the zoning on an approximately 13.9 gross acre parcel from PS (Public-Semipublic) to RL (Residential Low Density) is consistent with the goals and policies of the General Plan as identified below. 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 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-1 B - Ensure new development supports the protection and maintenance of environmental and open spaces resources. G:PC\NOA\16\030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.1 Policy LU-1C - Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1 D - Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D - Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-2E - Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. 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-4D - Ensure that single-family residences are of compatible proportion, scale and character to surrounding neighborhoods. Goal LU-6 - Neighborhood school sites adapt over time to meet the changing needs of the community. The ZMA will implement the land use designation proposed with General Plan Amendment No. 20-002. It will enable redevelopment of the closed school site into a single-family residential development that is compatible with the character of the neighborhood and meets the changing needs of the community. The proposed residential plans include three architectural styles that are in keeping with the proportion, scale, and character of the neighborhood and consistent with the development standards in the HBZSO. The project provides enhanced landscaping areas along street side yards, street corners, and mid- block. The project will maintain open space resources by improving Gisler Park as a community benefit in association with the request for reduced lot size and width. B. Housing Element Policy 1.1 — Preserve the character, scale and quality of established residential neighborhoods. Policy 2.4 - Utilize surplus publicly owned land for residential use where appropriate and consistent with the City's General Plan. Policy 3.4 - Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision of affordable housing. Goal 4: Reduce potential governmental constraints to housing production and affordability. The project is located on a surplus publicly owned land that is appropriate for residential use. The project is required to meet the City's affordable housing requirement equivalent to 10 percent of the proposed dwelling units. The project is proposed as a PUD, which allows for reduced lot size and width with the provision that the developer provides mutual community benefits for the enjoyment of the residents and the public. As such, flexibility with G:PC\NOA\161030219 GPA 10-002/ZTA 10-002 ZMA 10-001/LCPA 10-001 Attachment 1.2 the development standards such as reduced lot size and width provides a mechanism to accommodate additional housing. 2. The ZMA would only change the land use designation of the subject property rather than a general land use provision and would not affect the uses authorized in and the standards prescribed for the proposed zoning district. 3. A community need is demonstrated for the change proposed because it will allow a surplus school site to be redeveloped into a residential development that is consistent with the character of the area and will add to the housing stock. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the proposed zoning will implement the land use designation proposed with General Plan Amendment No. 20-002 and is compatible with the surrounding neighborhood. FINDINGS FOR APPROVAL -TENTATIVE MAP NO. 19136: 1. Tentative Tract Map (TTM) No. 19136 for the subdivision of an approximately 13.9 gross acre site into 85 single family residential numbered lots and 15 lettered lots for private streets, open space, and landscaping is consistent with the General Plan Land Use Element designation of Residential Low Density on the subject property, or any applicable specific plan, or other applicable provisions of this Code which permit the residential tract. The project is proposed as a Planned Unit Development (PUD) and includes residential lots with reduced size and width. The proposed residential lots average 4,952 square feet and 50 feet wide, in lieu of minimum 6,000 square feet and 60 feet wide required in the RL zone. The lot sizes range from 4,661 to 9,241 square feet with the most common lot size at 4,750 square feet (50 by 95 feet). Project density is 6.23 dwelling units per net acre, consistent with the proposed RL designation, which permits up to 7 units per acre. In accordance with Huntington Beach Zoning Subdivision Ordinance (HBZSO) Section 210.12 (Planned Unit Development Supplemental Standards and Provisions), the project is providing mutual community benefits for the new residents as well as the general public that exceed the minimum infrastructure improvements required for the project.itself. 2. The site is physically suitable for the type and density of development because it is located in a residential neighborhood with similar residential development under the same Residential Low Density General Plan land use and zoning designations. The site's size, shape, and topography are conducive to the development of a new residential development that conforms to the General Plan, HBZSO, and other city requirements and is in keeping- with the character of the surrounding neighborhood. 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 because the site has been previously developed as a school. The site does not contain any significant fish or wildlife habitat. Project design features, compliance with regulatory requirements, and mitigation measures will ensure that the subdivision will not cause serious health problems or substantial environmental damage. 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 streets, sidewalk, and utility easements to serve the G:PC\NOA\16\030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.3 new development. The existing pedestrian access shown as Lot B that was dedicated in fee to the City on Tract Map 6893 will no longer be needed for access to the school but will be retained by the City in the interim until vacated in the future. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 20-024: 1. Conditional Use Permit No. 20-024 for the establishment and maintenance of retaining walls over 2 feet tall topped with a 6 foot tall wall/fence along the western corners of the project site on 4 lots (Lots 14, 15, 25, and L) adjacent to Gisler Park and a couple of existing residences and 1 location on the northeast corner of the development along the side of Lot 78 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 because they are found on only about 5 lots and will be screened by common area landscaping or Gisler Park to soften their appearance. The tallest retaining wall is 4.4 feet topped with a 6- foot wall and located on the northwest corner of the project site behind 5 feet of common area landscaping that the applicant intends to convey to the abutting property owners. The proposed grading plan minimizes pad elevations and retaining walls as much as possible while still allowing the site to function and drain properly. 2. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. Retaining walls over 2 feet tall topped with a 6 foot tall wall/fence is a common occurrence with new subdivisions. In addition, it is consistent with the following goals and policies of the General Plan by enabling the redevelopment of the closed school site into a single-family residential development that conforms to the Residential Low Density General Plan designation, is compatible with the character of the neighborhood, and meets the changing needs of the community. 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 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-1 C - Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1 D - Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2E - Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Policy LU-4D - Ensure that single-family residences are of compatible proportion, scale and character to surrounding neighborhoods. Goal LU-6 - Neighborhood school sites adapt over time to meet the changing needs of the community. G:PC\NOA\16\030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.4 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because retaining walls over 2 feet tall topped with a 6 foot tall wall/fence are permitted with the approval of a conditional use permit. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 19136: 1. The Tentative Tract Map No. 19136 received and dated July 14, 2021 shall be the approved layout. 2. The site plan, floor plans, elevations, landscaping plan, fencing plan, and colors/materials board received and dated July 14 and Aug. 27, 2021 shall be the conceptually approved design with the following modifications subject to the approval of planning staff(DRB): a. Revise the Plan 1 C front and rear elevations to provide a more symmetrical roofline. b. Provide four-sided architecture by adding architectural features to the rear and side elevations including architectural trim on all windows, accent materials on the front elevations shall wrap around the side elevations more, and adding one more architectural feature to the rear elevations. c. The Plan 2c covered front entry shall comply with the required 15-foot front setback (HBZSO Section 210.06). d. Revise porches to open concept with corner columns. e. Provide rafter tails on Adobe Ranch architectural elevations. 3. The final map for Tentative Tract Map No. 19136 shall not be approved by the City Council until General Plan Amendment No. 20-002 and Zoning Map Amendment No. 20-002 are approved and in effect. 4. At least 90 days before City Council action on the final map, Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the Community Development Department, Public Works Department, and the City Attorney's office for review and approval. The CC&Rs shall provide for maintenance, repair, and replacement by a Homeowner's Association (HOA) of all common area improvements, including but not limited to, on-site private streets and sidewalks, private storm drain system and appurtenances, including all pumps; landscaping and irrigation improvements; private sewer systems and appurtenances, including all pumps and lift stations; Best Management Practices (BMPs) as per the approved Water Quality Management Plan (WQMP). 5. The following conditions shall be completed prior to issuance of a grading permit: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 1,000-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(CD). G:PC\NOA\16\030219 CPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.5 b. Reconstruct the two (2) driveways on Strathmoor Lane serving the Gisler Park public parking lot per Standard Plan No. 209(PW). c. Reconstruct the Gisler Park public parking lot with a minimum of new 2" asphalt grind and overlay per City standards and specifications (PW). d. Due to high groundwater conditions, the proposed storm drain system shall be constructed with water-tight joints to address inflow/infiltration into the pipe (PW). e. Reconstruct the entire width of Effingham Drive from Strathmoor Lane to Brookhurst Street with a minimum of new 2" asphalt grind and overlay per City standards and specifications(PW). f.. Repair any existing public improvements in the surrounding neighborhood (Tract 5841, 6068, 6893) damaged by construction and/or hauling activities to the satisfaction of the City inspector(PW). 6. Prior to submittal for building permits: a. Submit a street naming application to the Fire Department which shall include the name Gisler if feasible. b. Submit three (3) copies of the site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department. c. Contact the United States Postal Service for approval of mailbox location(s). d. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. e. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. f. Submit a copy of the revised plans pursuant to Condition No. 2 for review and approval and inclusion in the entitlement file to the Community Development Department. 7. The following shall be completed prior to issuance of building permits: a. The applicant's $250,000 contribution for overhead lighting fixtures at a Huntington Beach City School District (HBCSD) property to provide lighted fields to be utilized by a non-profit group(s) providing recreational opportunities shall be deposited in an account by the Community Development Department to be retained until the HBCSD is ready to apply the money towards the field lighting project. If the money is not applied towards the field lighting project within two years of City Council approval of the project, the City shall have the right to use the money for another park and recreation community benefit at its sole discretion with priority given to southeast Huntington Beach (Community Benefit). G:PC NOA116103021 9 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.6 b. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 8. 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 7:00 PM. Such activities are prohibited Sundays and Federal holidays. 9. The structure cannot be occupied, the final building permit cannot be approved, and utilities cannot be released for the first residential unit until the following have been completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. c. All Gisler Park improvements proposed as the project's community benefits in the project narrative dated August 27, 2021 and project entitlement plans dated July 14, and August 27, 2021 shall be permitted and constructed (Community Benefit). 10. Comply with all mitigation measures adopted for the project in conjunction with Mitigated Negative Declaration No. 20-002. 11. Upon the recordation of the final map, the completion of the project's new perimeter wall and no later than final building permit approval for the first residential unit (not model homes), the applicant will convey Lot 0 to the adjacent property owner located at 21122 Inferno Lane G:PC\NOA\16\030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.7 (APN: 149-313-01).and Lot N to the adjacent property owner located at 9562 Volante Drive (APN: 149-302-01). The applicant will deliver both lettered lots to the adjacent owners with the existing wall removed, side yard walls/fence extensions to the new perimeter wall, and provide landscaping in the 15 foot front yard areas within the conveyed lots adjacent to the public right-of-way. All work will be in coordination with the adjacent property owners and subject to review by Planning Division staff. 12. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/green-buildinq- guidelines-rating) 13. The development services departments (Building &Safety, Fire, Planning 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. Final map review and permits shall not be issued until the development services departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes-are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 20-024: 1. The conceptual grading plan, sections, community wall plan and elevations dated July 14, 2021 shall be the conceptually approved design with the following modifications subject to the approval of planning staff(DRB): a. Vinyl private yard fencing shall be 6 feet tall. b. Add at least two design features (enhanced landscaping on city parking lot, pilasters, change in plane, raised planter, view fencing) to the tract wall segments along street side yards and facing the city parking lot in compliance with the Urban Design Guidelines (Chapter 2, Section C.10). The tract wall segments along Gisler Park and facing B Street shall incorporate pilasters at minimum every 100 feet. 2. Conditional Use Permit No. 20-024 shall not become effective until General Plan Amendment No. 20-002 and Zoning Map Amendment No. 20-002 are approved by City Council and in effect. 3. Prior to issuance of grading permits, block wall/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. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. Evidence of communication between the parties shall be submitted. If coordination between property owners cannot be accomplished, the applicant shall construct the project walls located entirely within the G:PC\NOA\161030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1,8 subject property and with a two (2) inch maximum separation from the property line. The plans shall include some mechanism to close and secure any gaps between walls. 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. Plans shall depict any removal of walls on private residential property and construction of new common walls and sidewalls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 4. The following shall be completed prior to submittal for building permits: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit a copy of the revised community wall plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Community Development Department. 5. Conditional Use Permit No. 20-024 shall become null and void unless exercised within two years of the date of the final approval of such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum of 30 days prior to the expiration date. 6. The development services departments (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:PC\NOA\16\030219 GPA 10-002/ZTA 10-002/ZMA 10-001/LCPA 10-001 Attachment 1.9 1.Pavia an LIP REPO.-mP„R r,�.m,.maN TENTATIVE TRACT N0. 19136 LEGAL DESCRIPTION STATISTICAL SUMMARY: CM O,P...PP.amT m DPP LOT NUMBERS TOTAL LOTS AREA Uc7 PROPOSED TAND USE COPIENTS POPP POE P. PPR PE PRY a T116 . .i M1° .w„�,=.°.r a,.T.ccam vs.O awe.. f B 1 D.O: PRIVATE DRIVE ROA TO uuNT.IR HOA TO MAINTAIN PPS ATE NET TOTALS EL w,im Tr paa..O sap..ppm ex air .?. &, C` 5"`�t,#� .m`P. s 72T- T I- ' . 4"[.. e.ELO OVERTOP/ENT AREA GROSS 'O.� PUBLIC sTx�ET CITY TO MAINTAIN NUNT1.011 PP EX ME Ma PP ORR ALL METE Mali TT All mr mrs m PIP RR PTA.IR.cT MP INRP=n n l .0 T 3. T 3�1�, l 1 1� un�nr PROVIDERS,.".` '""'">z '1 v IL WORLD PEPS itIOrE 6•661.S. TTRa PM RR mum..r. M �yf� .,1T,1 ' i a' ra SevasreT,�R o,z m m 4 „ AuRmmr�mR.op . m El '1— — >l �. © oL ra mPm,.no„ :; ' 'l ., 1' I @ l a 1 I �� PROPOSED°SE�Errrs. TITLE REPORT a^ ? 0��MT �FOR PPP,Ant.P� r °m�R :""a�Rm ma. Al... _ a , PURPOSES .; a/..a d. Ape App.op Epp. s o TA.. `. wti - .. VTf Y .ww aunm°m.E not. Trz r°nvrzrxw.cvs V. .s.1R a�ii. mvaGam ora, Rn ,m RP . m° m° 1 EXIST.BLUEFIELD DR.PSBR mx ` S0a PM ', PRIVATE STREET ti STO PRI PT VATE STREET m.naw 1 PARALLEL PARKING BOTH SIDES A PARALLEL PARKING BOTH SIDES O PARALLEL PARKING BOTH SIDES ... EXIST.STRATHMOOR LN .0 .'. PARALLEL PARKING BOTH SIDES yy i Ea TO PO .11 �I L. I m ..° Saar- 2m a .- am:rw u aamprR rtR sm J PREPARED BY: DEVELOPER: n sA.2°2 .r.wz ory a $;'l FUSCOE STREET :FU COE Brookfield yy No. OATE BEvisiONs PRO PARALLEL PARKING ONE SIDE O PRIVATE STREET TRANSITION FROM 40'TO 28' ; + ... .« ,.�. . I e I°It"i:£ d ... .zz, n2 JUTS u.2. 1 Of J L1J CC 0 Y 5 : 0 Z < 0 I rx , (9 1 g' elle I ' ,•'Li, 4 I - 2 E. , '-',\ g ., 1 8 ,Ifir,/ L I', IX C.,2,4 LOT L-,„ t ,,\,'7 " ,i -- \ - ' --, - , 44. i} — BLUEFIELD D edi LOT C ' . -se i Ii;. I* _ 22'43 -,----—1--, g.. "2- I6' -4- "2*7 7,11'7 28 74t,1 -29-„I/- 3I 07,II 7 31 7„I,7 3.2 33 - 3*—I4* t, 7 35'78 7 36*1 k4 HHg c., 77-6:7* — 22 !g-210\,,I0'I ,,47 46 45 44 43 42 41 ; 40 39 38 37 BLACKFIN F ...,,,. ar,=1,07,zawm 7,7, i.,.. • ......1 ,r 20 t e- :". C'7''IL LOT D t _ Lsss LOT F t..7., Ass susros ost.sgtsst i 1—48 4, 49 4 50 s 51 Is 52 it, 53 si 54 it t - ..“ I .4* LOT i_.1.,\.,,,„, 73 ;: 84 ; „,, I N, __- __ LOT K . MEMEN I I I I I 1 "7 k 72 ; g 17 ; '; 69 ; 68 ; 67 i: 66 ; 65 i: 64; 63 ; 62 ; 61 ; 60 ;: 59 : ___ _,__, " — PANACEA\ ,_,, \'` ;:' , s 4 C $ S .,,, 4 ---1 --* C LOT E *'" 70 1 \,..........____EFFINGHAM DR 1 re -- - -- r"' '''\ 1 E, 1 -T T r" ----1 ' . ,. 15 li i' i' ; ; ;' ; 7 ; 6 ;I 5 i: 4 ; 3 8 2 i: 1 II LOT ...,r, GISLPARKINGPALROCT 1 14 13 ' 12 ' 11 10 9 ' 8 ' _ A I(CITY Of HUNTINGTON BEACH), i , 1, . pISLER PARK IPREPARED BY DEVELOPER NO OkrE . ' 'FUSCOE Brookfield i S,•.., ....a.1F'":::::i: 1 ........... OM JOY 1.1 2011 2 OF 3 • LOT SUMMARY NUMBERED LOTS LOT SUMMARY NUMBERED LOTS LOT SUMMARY LETTERED LOTS LOT NO. LAW USE AREA(sr)AREA(AC) Los NO. IAND USE MEA(SE)AREA(MC) LOT LEITER LAND um AREA(SE)AREA(IC) • v SME rryAY ♦Tw 5.11 } PREPARED BY'. DEVELOPER, M aT REVISIONS o , FUSCOE Brookfield `®_ ... Residential ntial • —...0..• n+C.U/r M.EMI 3 Of 3 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY FOR TRACT NO. 19136 AND GISLER PARK THIS AGREEMENT ("Agreement") is entered into this day of 20 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Lennar Homes of California, LLC, a California Limited Liability 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. 19136; 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 Gisler Park; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and g/agree/surfnet/subdivision 19-7584/203565 1 of 13 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 and Gisler Park 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; playground; and domestic water systems, including the construction of water mains, services and installation of meters. As set forth in those certain improvement plan approved by City ("the Work"). SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance as of the date of this agreement. 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 these improvements. g/agree/surfnet/subdivision 19-7584/203565 2 of 13 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 SUBDIVIER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/surfnet/subdivision 19-7584/203565 3 of 13 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 One Million Six Hundred Thousand Dollars ($1,600,000.00) for Tract 19136 and One Million Eight Hundred Thousand Dollars ($1,800,000.00) for Gisler Park, g/agree/surfnet/subdivision 19-7584/203565 4 of 13 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 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 Eight Hundred Thousand Dollars ($800,000.00) for Tract 19136 and Nine Hundred Thousand Dollars ($900,000.00) for Gisler Park, which is fifty percent (50%) of the estimated cost of the Work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; g/agree/surfnet/subdivision 19-7584/203565 5 of 13 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) of subdivider or subdividers contractors in connection with the matters covered by this Agreement, but save and except those that arise from active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. 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. g/agree/surfnet/subdivision 19-7584/203565 6 of 13 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. 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 g/agree/surfnet/subdivision 19-7584/203565 7 of 13 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 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. g/agree/surfnet/subdivision 19-7584/203565 8 of 13 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 Lennar Homes of California, LLC, a ATTN: Director of Public Works California Limited Liability Company 2000 Main Street ATTN: JR Jones Huntington Beach, CA 92648 2000 Five Point, Suite 365 Irvine, CA 92618 15. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. g/agree/surfnet/subdivision 19-7584/203565 9 of 13 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 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. g/agree!surfnet/subdivision 19-7584/203565 10 of 13 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 of subdivider with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. g/agree/surfnet/subdivision 19-7584/203565 11 of 13 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 or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/surfnet/subdivision 19-7584/203565 12 of 13 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, Lennar Homes of California, LLC, a California CITY OF HUNTINGTON BEACH, a municipal Limited Liability Company corporation of the State of California Mahe . tr-4 ‘C• it 14." et4441741404d print name f ITS: (circle one)Chairman/Presiden ice President City lerk //1//23 AND INITIAA:D AND APPROVED: By: �jf ,4b144 Gl/P ai.K Director of Public print name REVIEWED AND APPRO 1 : ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer V Pros; City Manager APPROV : • ` : . Ve0,4 City Attorney bur g/agree/surfnet/subdivision 19-7584/203565 13 of 13 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF O 7- vdd E ) • On N6V61111arz 1 , 2022, before me, 7172-V C-4— nel• W 1 K!at./S o�J ,Notary Public, personally appeared AAA-m S if—HA"1 ,who proved to me on the basis of satisfactory evidence to be the person(,s-'whose name( is/aye-subscribed to the within instrument and acknowledged to me that he/. e/they/executed the same in his/lyer/ths.irauthorized capacity(.ies) and that by his/AT/the signature(ef on the instrument the person, or the entity upon behalf of which the personcirY 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. J .'w` 4,4 TERESA M.WILKINSON 0► �?i COMM. 2394778 z • I f� _;�44 .- ' Notary Public•California c 1N ;;• ' $ Orange County ' _ m•� fAx Comm.Epires Feb.23,2026t Notary Public Replacement Memo of PAPA—00132243x 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF O/7-4rv4 F ) On N4VE?631li&7 t , 2022, before me, -731744T54" fa • CaI4 41 A/$0 N ,Notary Public, personally appeared &Ri/sN /Ie JCZ- ,who proved to me on the basis of satisfactory evidence to be the person(j'whose name &) ism subscribed to the within instrument and acknowledged to me that he/s/fetbeytexecuted the same in his/kr/t1 eifauthorized capacityaosrand that by his/l erftboir-signature(a•ron the instrument the person(*), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TERESA M.WILKINSON COMM. #2394778 z _. c.v. Notary Public•California a c z Orange County c:�V`'�"'�+ A��G lZ-.�t✓�/�rl •., Comm.Expires Feb.23,2026 Notary Public Replacement Memo of PAPA-00132243x1 BOND NO. US00121915SU22A PREMIUM$4,000.00/annum Aar,-1kt-7-IL 07-ep14-02i FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Lennar Homes of California, LLC, a California Limited Liability Company, (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated 1136-12-Z 20 22. , and identified as project Seamark,Tract 19136, 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, therefore, we,the principal and XL Specialty Insurance Company , as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum of One Million Six Hundred Thousand Dollars($1,600,000.00) 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 attomey's fees incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. $34aafbc00b08$B3 F9A99865334A0D9F3C5C08CDC80599.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 October 26 , 20 22 . Lennar Homes of California, LLC, a California Limited Liability Company, as Principal By ' By Ztr,-.4.) k• tSea-tet , Vt ar 17117-4fs(oe4' XL Specialty Insurance Company , as Surety By /at By Mechelle Larkin, Attorney-in-Fact APPROVED AS TO FORM By. — MIC L E. GATES CITY ATTORNEY CITY OF Ht1NTINGTON BEACH $34aafbc00b08$B3F9A99865334A0D9F3C5C08CDC80599.doc STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON ocTh' 3(,Ma. , BEFORE ME, y1•4 . &JI t-f''AJS..,J , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED $°'*^i BeS—Nc'Z AND , PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSON%WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES// TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE �� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 012.4exc,er COUNTY 1 71.e . # /1-f. 04/444.1ArroeJ PRINTED NAME MY COMMISSION EXPIRES 2' 2. . 24 TERESA M.WILKINSON yr. COMM. #2394778 z �` 9► -i:"0/ Notary Public•California 0 z�4 L') Orange County 1 _MMComm.Epires Feb.23,20261 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND , PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES $34aafbc00b08$B3 F9A99865334A0D9F3C5C08CDC80599.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On October 31, 2022 before me, Teresa Wilkinson, Notary Public, personally appeared Brian Bencz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j TERESAM.WILKINSON Or COMM. #2394778 z Notary Public•California G 1 . x Orange County Sig n a to ree/� "^ "'' c I �M Comm.Expires Feb.2320261 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On OCT 2 6 2022 before me, Kathy R. Mair, Notary Public , personally appeared Mechelle Larkin 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. rrut""116.' KATHY R.MAIR rce, -'' Notary Public•California `n (�/l�J o Orange County Signature r 1 Commission-I 2355508 ",10.` MyComm.Expires May 22,2025 Kathy R. Mair, Notary Public (seal) DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 Power of Attorney XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY MA XL 1613199 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,Stamford,CT 06902,,do hereby nominate,constitute,and appoint: Tenzer V. Cunningham, Mechelle Larkin, Kathy R. Main, My Hua, Brenda Wong, Martha Gonzales, Regina Range% Joaquin Perez each its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to exceed$100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this March 31st,2021. uium„,„y�a XL SPECIALTY INSURANCE COMPANY E. ,' SEAL:2 by: .„---,‘7 C 9 \vWPit, Gregory Boal,VICE PRESIDENT Mgµmimplio STATE OF PENNSYLVANIA tom` — COUNTY OF CHESTER Attest: r i1/4/t.A_,v, Kevin M.Mirsch, ASSISTANT SECRETARY On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. S.Grace Freed-&own,Notary Public Chaster County My convolution expires March 5,2022 Commission number 1322812 S.Grace Freed-Brown,NOTARY PUBLIC Ms eh harisylvsnis Association a(Nstartat SB0042 Page 1 of 2 DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. (� �j 9(�? IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, thQCT 2 y2012 0 nwxna ns .NSURAh .. c t u SEAL Kevin M.Mirsch, ASSISTANT SECRETARY . .Y� oti iwP IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 31st day of March, 2021. ��O�Q�R,I* XL REINSURANCE AMERICA INC. ! by: Sr Gregory Boal,VICE PRESIDENT Attest: A Kevin M.Mirsch, ASSISTANT SECRETARY STATE OF PENNSYLVANIA COUNTY OF CHESTER On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation,and that he executed the said instrument by like order. Commonwealth of Pennsylvania-Notary Seal S.Grace Freed•Stown.Notary Public �� _ Chester County My commission expires March 5.20.22 S.Grace Freed-Brown,NOTARY PUBLIC Commission number 1322812 member,fiannaywanlaA tlonetNeWtu STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. OCT 2 6 2022 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this _ day of ....,(c, ed ki Kevin M.Mirsch, ASSISTANT SECRETARY This Power of Attorney may not be used to execute any bond with an inception date after 3/31/2023 SB0042 Page 2 of 2 BOND NO. US00121915SU22A PREMIUM included in Perf. Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Lennar Homes of California, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated , 20 , and identified as project Seamark (Tract 19136), 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 Eight Hundred Thousand Dollars ($800,000.00), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 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 1 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$d0f471 cdd617$43E5593997C847F0B2398A2C26E8A360.doc 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 October 26 20 22 Lennar Homes of California, LLC, a California Limited Liability Company, as Principal By By t -. pekvs of XL Specialty Insurance Company , as Surety By 4' By Mechelle Larkin, Attorney-in-Fact APPROVED AS TO FORM By; MICHAEL E. CITY ATTORNEY CITY OF HUNTINGTON BEACH 2 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$d0f471 cdd617$43E5593997C847F0B2398A2C26E8A360.doc STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) � Y ON v cr""en-s 1,arr,. , BEFORE ME, 18T24-i4r 'ti►. LJGt k I, rsr? , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 2 Jc'Z AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSO7 WHOSE NAM ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT,THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSOY5 ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE ( • (.144/'2^^��' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Onot COUNTY heSA- Nit. L..rtcic n�S�.� PRINTED NAME MY COMMISSION EXPIRES 2' 2 ' 20 2 h TERESA M.WILKINSON COMM. #2394778 zz �, elict' l. Notary Public •California o z .F,: Orange County M Comm.Ex•ires Feb.23,2026 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 3 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$d0f47I cdd617$43E5593997C847F0B2398A2C26E8A360.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On October 31, 2022 before me, Teresa Wilkinson, Notary Public, personally appeared Brian Bencz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. • TERESA M.WILKINSON . `= COMM. #2394778 z Notary Public•California ,, -` 1• r ''`Je�ti-v ZComm.w 0Expires County Signature . �"`'"'"�` V" �'-'+�� M C .Ex ire:Feb.23,2026 (Seal) CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On OCT 2 6 2022 before me, Kathy R. Mair, Notary Public , personally appeared Mechelle Larkin 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. KATHY R,IAAIR c„4t,' y Notary Public-CaliforniaSignature 1 t , Orange county Y�n � Commission;2355508 Kathy R. Mair, Notary Public i•Fua My Comm.Expires may 22,2025 ; (seal) DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 Power of Attorney XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY XL 1613198 • KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,Stamford,CT 06902,,do hereby nominate,constitute,and appoint: Tenzer V. Cunningham, Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Martha Gonzales, Regina Rangel, Joaquin Perez each its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to exceed$100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary_or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this March 31st,2021. XL SPECIALTY INSURANCE COMPANY �pmuuuwrnrryh 0 \NU, E' 'ys RpORq % =W: tr by. sSEAL2 Gregory Boal,VICE PRESIDENT ‘444"n'nnmroax STATE OF PENNSYLVANIA Q COUNTY OF CHESTER Attest: r `�vv` Kevin M.Mirsch, ASSISTANT SECRETARY On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. Commonwestth Of PMAsytvanis•Wohry Seal 8.Grece Freed-Brown,Notary Public Chester County My commission expires Mach 5,2022 Commission number 1322812 S.Grace Freed-Brown,NOTARY PUBLIC melees',ibinnsylvsniaassesistien artieteries SB0042 Page 1 of 2 DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. OCT 16 2022 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this day of 00,mi lllo,,, "\tSURq�Ca y QRPOR9 5t O s /I_ t . I \ Avvv �9 U V ( � . a Kevin M.Mirsch, ASSISTANT SECRETARY ;'.SEAL Rr r IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 31st day of March, 2021. RAI�C + -'''9�„ / ' ?Oki XL REINSURANCE AMERICA INC. ;.<4(c) ert, ( "-') .'VEAL,. yov:F.•'' Gregory Boal,VICE PRESIDENT Attest: Kevin M.Mirsch, ASSISTANT SECRETARY STATE OF PENNSYLVANIA COUNTY OF CHESTER On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation,and that he executed the said instrument by like order. Commonwealth of Pennsylvania•Notary Sail S.Grace Freed-&own,Notary Public /7 M Chester County /•�`�` My commission expires Match 5.2022 S.Grace Freed Brown,NOTARY PUBLIC Commission number 1322812 • Mambet,ifenneywenlIMsaouudon of Notaries STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. OCT 2 6 2022 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this day of ri Kevin M.Mirsch, ASSISTANT SECRETARY This Power of Attorney may not be used to execute any bond with an inception date after 3/31/2023 SB0042 Page 2 of 2 BOND NO. US00121913SU22A PREMIUM $188.00/ annum Seamark MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Lennar Homes of California, LLC, a California Limited Liability Company, as Subdivider of Tract No. 19136 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 Lennar Homes of California, LLC, a California Limited Liability Company, (Subdivider) as principal, and XL Specialty 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 Seventy Five Thousand Dollars ($75,000.00), 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 26th day of October 20 22 Lennar Homes of California, LLC, a California Limited Liability Company, as Principal By - �s By %.1,1 tii k• R '-+1.1. ter, Ptn-t-t l r)l,J Sr XL Specialty Insurance Company , as Surety By 4 AppRy3vCftRITs1% rkin, Attorney-in-Fact MICHAEL E.GATES 1 CITY ATTORNEY CITY OF HUNTINGTON BEACH C AProgramData\activePDF\Temp\DocConverter\APNnpuaba9e35fc3520$4EF369A20828455FAF6A1 F 1285E649FC.doc STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON O(71a414h?rd2.)i- , BEFORE ME, 7 sA- /)1. Wale/,✓so a A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 0124,1i'l /3Ar-Aic'_- AND / PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSON," WHOSE NAMES/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES', AND THAT BY THEIR SIGNATURES/ON THE INSTRUMENT THE PERSONS";OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE •00'• fr'''e1-4":""' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 6ea wa t=" COUNTY 7723.- /11- Gorr-kr/vso✓,1 PRINTED NAME MY COMMISSION EXPIRES Z• 2. . 2-a 1� TERESA M.WILKINSON COMM. #2394778 z r d'-_f ' Notary Public•California C Z •i Orange County M Comm.Expires Feb.23,2026 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 CAProgramData\activePDF\Temp\DocConverter\API\Input\$ba9e35fc3520$4EF369A20828455FAF6A1 F1285E649FC.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On October 31, 2022 before me, Teresa Wilkinson, Notary Public, personally appeared Brian Bencz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. w TERESAM.WILKINSON o;; 4tt COMM. #2394778 z z ila -(k. Notary Public•California z 3r Orange County - �� +".v Comm.Expires Feb.23,2026 Signature D�'�.... (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On OCT 2 6 2022 before me, Kathy R. Mair, Notary Public , personally appeared Mechelle Larkin 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. Notary Public•California Z a--VCQ--(Ag orange County Si nature r4 7 Commission;2355508 rbcv My Comm.Expires May 22,2025 Kathy R. Muir Notary Public (seal) DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 Power of Attorney XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY MI XL 1613195 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,Stamford,CT 06902,,do hereby nominate,constitute,and appoint: Tenzer V. Cunningham, Mechelle Larkin, Kathy R. Mair, My Hua, Brenda Wong, Martha Gonzales, Regina Rangel, Joaquin Perez each its true and lawful Attorney(s)-in-fad to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to exceed$100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fad shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this March 31st,2021. XL SPECIALTY INSURANCE COMPANY �„p5WilI1N1,py„4 VO 0:p C /r a :v by: $;�.SEAL::Y2 Gregory Boal,VICE PRESIDENT STATE OF PENNSYLVANIA M COUNTY OF CHESTER Attest: Iv Kevin M.Mirsch, ASSISTANT SECRETARY On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. Commonwealth of Pennsylvania-Notary Seal S.Grace Freed-Brown.Notary Public d Chester County ` My commission expires March 5.2022 Commission number 1322812 S.Grace Freed-Brown,NOTARY PUBLIC Member.Perinsytuanis Msooiatiah at*Mhos SB0042 Page 1 of 2 DocuSign Envelope ID:65354E67-08BD-4F8C-8570-049FFD6F8921 STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. OCT 2 6 2022 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this _ day of "„1WIUIWIgrrrph+�,, 0NSU !y s o O� v M A ju F. U .SEAL:/4. Kevin M.Mirsch, ASSISTANT SECRETARY o44.....• mil'( Y IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 31st day of March, 2021. lget;9�, �(CAL 0p 14. XL REINSURANCE AMERICA INC. by: /1 J `=•'r_YOR 'sr Gregory Boal,VICE PRESIDENT Attest: Kevin M.Minch, ASSISTANT SECRETARY STATE OF PENNSYLVANIA COUNTY OF CHESTER On this 31st day of March, 2021, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation,and that he executed the said instrument by like order. Commonwealth of PenAsyhfania-Notary Seal S.Grace Freed-Brown.Notary Public //� � _ Chester County My commission expires March 5,2022 S.Grace Freed Brown,NOTARY PUBLIC Commission number 1322812 fda+�at,'ennaytvanleAuoaietlon of NateMee STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. OCT 2 6 2022 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this _ day of 0,p9 4- ` n SEAL Kevin M.Mirsch, ASSISTANT SECRETARY YOR This Power of Attorney may not be used to execute any bond with an inception date after 3/31/2023 S 60042 Page 2 of 2 IN.GT(T; City of Huntington Beach 1111ti ; \ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov a\�2cF• ;:�\�oII�I Office of the City Clerk L�0(jjf •CP,// Robin Estanislau, City Clerk January 4, 2023 Lennar Homes of California, LLC Attn: JR Jones 2000 Five Point, Suite 365 Irvine, California 92618 Dear JR Jones: The City Council of Huntington Beach, at its regular meeting held Tuesday, December 20, 2022, approved the Subdivision Agreement for Tract Map No. 19136 and Gisler Park. We are enclosing a copy of the agreement and bonds for your files. Sincerely, 6 /7401, 9,6h440.144d Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister City: Anjo, Japan g:\followup\sdivagmt 11/21 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION tit TO: City Treasurer FROM: City Clerk DATE: finikeir \JJ J' -2023 SUBJECT: Bond Acceptance I have received the bonds for /' /- / 6'21� C) LIC (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. uSQ40/2/0/yS%L1—.2-2/}" Labor and Material Bond No. use)U/Z/G} L/S-,t�.2..2/f' Guarantee and Warranty Bond No. Monument Bond No. Gis-e)W2 /3S4,t_2 22/9— Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /"I i3LP Approved /2/62J2Z (Council Approval Date) CC No. Agenda Item No. /(1 / ?-57)_ MSC No. City Clerk Vault No. 1/02-6• SOD Other No. SIRE System ID No. /�� g:/forms/bond transmittal to treasurer /Pi/J-i'd-%n 7 t