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HomeMy WebLinkAboutApprove the Execution of a Subdivision Agreement with NASH - RJiri EIVED.BY: CITY CLERK RECEIPT COPY cc4raLLP Ret i City Clerk's Office (Name) t after signing/dating (Date) C1!251 �3 A in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: '7/22/23 SUBJECT: Bond Acceptance I have received the bonds for Nl1I1-1old Vin`t- I5150 De'lAtt. 1'-& 1b VV yam.f LLt. (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. I4f.JSU O 320114 Labor and Material Bond No. w I W S ,t O 32 6 Z1-1 Guarantee and Warranty Bond No. Monument Bond No. �V fJS'l 1 D$32.6 GI Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved ~ !/ S123 (Council Approval Date) 2S - l CC No. Agenda Item No. MSC No. City Clerk Vault No. 420• 1OD Other No.Pact "I HA fJO• SIRE System ID No. "1 f1(L g:/forms/bond transmittal to treasurer .202:2_ /r,V • r NA,Itr - 2000 Main Street, ��� Huntington Beach,CA 92648 l City of Huntington Beach APPROVED 5-1-1 Y ., B-_- p9,� , Y (BURNS—NO;STRICKLAND— \couNTv cP` `, RECUSED/OUT—OF—ROOM) File #: 23-701 MEETING DATE: 9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Alvin Papa, Acting Director of Public Works PREPARED BY: Steven Bogart, Senior Civil Engineer Subject: Approve the Execution of a Subdivision Agreement with NASH - Holland 18750 Delaware Investors, LLC and Accept Securities for the 18750 Delaware Residential Project Statement of Issue: A Subdivision Agreement between the City and NASH- Holland 18750 Delaware Investors, LLC (owner/developer) and the related securities are presented to City Council for approval, execution and acceptance with respect to the 18750 Delaware residential project located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building (See Attachment 5 for Location Map). Financial Impact: Funding is not required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute and record a Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC to construct public improvements for the 18750 Delaware residential project (Attachment 1); authorize the City Clerk to record the agreement; and B) Accept the Faithful Performance Bond No. DVHNSU0832094 (Attachment 2), Labor and Material Bond No. DVHNSU0832094 (Attachment 3) and Monument Bond No. DVHNSU0832094 - (Attachment 4), the securities furnished for installation of the required public improvements; and, C) Instruct the City Clerk to file the bonds with the City Treasurer. Alternative Action(s): Do not authorize execution of Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC for the 18750 Delaware residential project, with findings for denial, and City of Huntington Beach Page 1 of 3 Printed on 8/31/2023 powere59'LegistarTM File #: 23-701 MEETING DATE: 9/5/2023 direct staff accordingly. Without this Agreement, the developer would be unable to satisfy the project's Conditions of Approval. Analysis: On May 6, 2022, the Director of Community Development conditionally approved Tentative Parcel Map No. 22-106, authorizing a four-parcel consolidation for the construction of a 346-unit residential apartment complex, located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building at 18800 Delaware Street. A draft of the project's final parcel map is attached for reference (Attachment 6). Pursuant to the project's Conditions of Approval, since the Final Parcel Map is proposed to be recorded with the County of Orange prior to the Developer constructing all required public improvements (i.e., new curb, gutter, sidewalk, new section of public storm drain pipeline and connections), a Subdivision Agreement and accompanying bonds from the Developer are being submitted as sureties to ensure their construction obligations in accordance with the State's Subdivision Map Act and prior to the City signing off on final inspections. Both the Subdivision Agreement and bonds have been approved as to form by the City Attorney's Office. The attached Faithful Performance Bond, Labor and Material Bond, and Monument Bond are being provided as securities for the installation of the required public improvements. The required bond amounts are: Faithful Performance $1,472,502 Labor and Materials $713,751 Monument $5,000 Project data Developer: Holland Partner Group (Attn: Tom Warren) 5000 E. Spring Street, Suite 500, Long Beach, CA 90815 Engineer: David Evans and Associates, Inc. 25152 Springfield Court, Suite 350, Santa Clarita, CA 91355 Surety: HARCO NATIONAL INSURANCE COMPANY, 330 N Brand Boulevard, Suite 700, Glendale, CA 91203 (Amanda Garcia 213-337-4615) Location: 18750 Delaware Street (south of Main Street, between Delaware Street and Florida Street) Zone: Beach and Edinger Corridors Specific Plan (SP14) No. of Acres: 4.019 acres No. of Lots: 1 numbered Public Works Commission Action: Not applicable for this request Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 8/31/2023 powererri9i LegistarTM File #: 23-701 MEETING DATE: 9/5/2023 The recommended actions are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Subdivision Agreement by and between the City of Huntington Beach and NASH - Holland 18750 Delaware Investors, LLC 2. Faithful Performance Bond No. DVHNSU0832094 3. Labor and Material Bond No. DVHNSU0832094 4. Monument Bond No. DVHNSU0832094 5. Location Map 6. Draft Parcel Map No. 2022-106 7. Presentation City of Huntington Beach Page 3 of 3 Printed on 8/31/2023 power LegistarTM • •PLEASE COMPLETE THIS INFORMATION • RECORDING REQUESTED BY: • City of Huntington Beach Recorded in Official Records, Orange County Attn: Robin Estanislau, City Clerk Hugh Nguyen, Clerk-Recorder Huntington Beach, CA 9264T0. II 110IE II III I Ili I II I I 111111 1111 II NO FEE AND WHEN RECORDED MAIL * $ R 0 0 1 4 5 6 9 7 2 7 $ * . • 202300023163410:16 am 09125123 • • ' . ' ' •9 CR-SC05 Al2 16 • 0.00 0.00 0.00 0.00 45.00 0.00 0.000.000.00 0.00 • THIS SPACE FOR RECORDER'S USE ONLY • TITLE OF DOCUMENT:- • . SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF • HUNTINGTON BEACH AND NASH - HOLLAND 18750 DELAWARE INVESTORS, INC. FOR PARCEL MAP NO. 2022-106 • • • • • • • • • • • • • • This document b solely for the official • business of the City of Huntington Beech, • as contemplated under Government Code • Sec.27383 and should-be recorded free of charge. • THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDINGINFORMATION (Additional recording lea applies) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND n/g5N= alla+vi mca on lakoote,rwtgi-orApt FOR PARCEL MAP NO. 2022-106 THIS AGREEMENT ("Agreement") is entered into this 5th day of September 20.-2 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NASH—Holland 18750 Delaware Investors, LLC, a Delaware limited liability company, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a parcel 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 parcel of land known as Parcel Map No. 2022-106; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and g/agree/surfnet/subdivision 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 parcel required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before three (3) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. g/agree/surfnet/subdivision 2of13 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/surfnet/subdivision 3 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, 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. 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 four hundred twenty-seven thousand five hundred two Dollars ($1,427,502.00), which is one hundred percent (100%) of the estimated cost of the g/agree/surfnet/subdivision 4 of 13 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_Seven hundred thirteen thousand seven hundred fifty-one Dollars ($713,751.00), which is fifty percent(50%) of the estimated cost of the Work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDWIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing g/agree/surfnet/subdivision 5 of 13 by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from 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. 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 g/agree/surfnet/subdivision 6 of 13 SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30) days'prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. g/agree/surfnet/subdivision 7 of 13 The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by g/agree/surfnet/subdivision 8of13 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 NASH — Holland 18750 Delaware Investors, ATTN: Director of Public Works LLC 2000 Main Street do Holland Partner Group Huntington Beach, CA 92648 808 Washington Street, Suite 500 Vancouver, WA 98660 Email: notices@hollandpartnergroup.com WITH COPIES TO: Holland Partner Group 5000 E. Spring Street, Suite 500 Long Beach, CA 90815 Attn: Tom Warren Email: twarren@,hollandpartnergoup.com Oregon Law Group, P.C. 1675 SW Marlow Avenue Suite 404 Portland, OR 97225 Attn: Chris Riha 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 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 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 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 parry'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/surfnedsubdivision 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, CITY OF HUNTINGTON BEACH, a municipal SUBDIVIDER corporation of the State of California NASH-HOLLAND 18750 Delaware Investors, LLC, a Delaware limited liability company Mayor , Tony Strickland By: HPG 18750 Delaware, LLC, .744J6I a Washington limited liability company, ClerIcR bin Estanislau its Operating Member INI ND PROVED: By: Holland Partner Group Management, Inc., a Delaware corporation its Manager Direc or ofi ub is Works , Alvin Papa REVIDAtE ND PROVED: Byf Name: Tom Warren Title: President of Development Division an e 1 Zelinka APPROVED s : ORM: CCR City Attorney, Michael E. Gates g/agree/surfnet/subdivision 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On September 20, 2023 before me, Donna Switzer, Notary Public, personally appeared Robin Estanislau and Tony Strickland who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. x,� DONNAS ITZERR WITNESS my hand and official seal. COMMISsioN.2311601 ) Notary Public-CalilmnNI ORANGE couw1v 7 _ — — My Comm Elora Nov 5,202S (Seal) (Notary Signature) 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 Los Angeles County of ) On July 6, 2023 before me, Lisa Estrada McGuire, Notary Public, (insert name and title of the officer) personally appeared Thomas D. Warren 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. � , LISAESTRADAMCGUIRE �. Notary Public-California 6,�' .- Los Angeles County ���;�dy Commission N 2432138 My Corr,r.Expires Jan 19,2027 Signature (Seal) Ace:::'R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)"ee��//// �-•'"---- 9/1/2024 08/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies NAME CT 8110 E.Union Avenue C ( c(AI No.Ext): FAX No): Suite 700 E-MAIL Denver CO 80237 ADDRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAIL N INSURER A: Navigators Specialty Insurance Company 36056 INSURED Holland Construction,Inc INSURER B:Sompo America Insurance Company 11126 1 391 087 808 Washington Street,Suite 500 INSURER C:Westfield Specialty Insurance Company 16992 Vancouver,WA 98660 INSURER D: Endurance American specially Insurance Co. 41718 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 18718500 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO LL THE TERMS.EXCLUSIONS AND CONDITIOJ'JS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBI2 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM!DD(YYYY) (MOD/MY) LIMITS A X COMMERCIAL GENERAL LIABILITY CE23CGL2572111C 09/01/2023 09/01/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREMISEE Sa ac RENTED $ 100,000 Y N MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ BB AUTOMOBILE LIABILITY GAR30010712902 09/01/2023 09/01/2024(B acciden�INGLEtIM1T $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED N N BODILY INJURY(Per accident)$ XXXXXXX AUTOS ONLY AUTOSHIRED NON-OWNED � p X AUTOS ONLY x AUTOS ONLY (Perr accRdent)AMAGE $ XXXXXXX $ XXXXXXX A _ UMBRELLA LIAB X OCCUR CH23EXC944467IC 09/01/2023 09/01/2024,EACH OCCURRENCE ,$ 25,000,000 D X EXCESS LIAB CLAIMS-MADE N N ELD30024287501 09/01/2023 09/01/2024AGGREGATE $ 25,000,000 XS1.00016P601 09/01/2023 09/01/2024 $ XXXXXXX DED RETENTIONS WORKERS COMPENSATION X PERTUTE T B AND EMPLOYERS'LIABILITY YIN WCNS1291NO 09/01/2023 09/01/2024 AER NY PROPRIET RPARTNERE ECUTIVE Y NIA N E.L.EACH ACCIDENT $ 1,000,000 E(Mendatoty in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space fs required) RE:18750 Delaware Project.City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insured as respects General Liability if required by written contract. APPROVED AS TO FORM BY: Ca/( MICHAEL E. GATES r CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION See Attachme is UNTINGT4fiJ BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18718500 AUTHORIZED REPRESENTATIVE City of Huntington Beach Department of Community Development Building Permit Application „ r" 2000 Main Street '' t �'"� Huntington Beach CA 92648 • ©1988-2015 ACORD CORPORATIO .All rights reserved ACORD 25(2016/031 The ACORD name and Joao are registered marks of ACORD ..,• ,•.•:i:t l:';.: ... POLICY NUMBER:CE22CGL257211IC COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Huntington Beach Department of Community Development 2000 Main Street Huntington Beach, CA 92648 "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or"personal governmental agency or subdivision or political and advertising injury"arising out of operations subdivision shown in the Schedule, subject to the performed for the federal government,state or following provisions: municipality; or 1. This insurance applies only with respect to b. "Bodily injury"or"property damage"included operations performed by you or on your behalf within the"products-completed operations for which the state or governmental agency or hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to Section However: Ill-Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we will by law;and pay on behalf of the additional insured Is the amount b. If coverage provided to the additional of insurance: insured is required by a contract or 1. Required by the contract or agreement;or agreement,the insurance afforded to such 2. Available under the applicable insured will not be broader than Limits of Insurance that which you are required by the contract shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. CG 2012 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:CE22CGL257211IC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds,the following is added to organization(s)shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for"bodily injury"or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement,the most we "your work"at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1.The insurance afforded to such additional Insurance shown in the Declarations; whichever is less. insured only applies to the extent permitted by law;and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are CG 20 37 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 2 required by the contract or agreement to provide for such additional insured. • • CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 2 of 2 Attachment Code : D556031 Master ID: 1391087, Certificate ID: 18718500 • 'Policy No.CE23CGL257211IC COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary: and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Attachment Code: D568415 Master ID: 1391087, Certificate ID: 18718500 POLICY NUMBER: CE23CGL25721I IC COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. MisWfilbR g4 pEtN$ I ` 1ilk:066§$1AglidOTAOWli LILY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: WCNS1291NO WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule PARTIES WITH WHOM THE INSURED HAS ENTERED INTO A WRITTEN WAIVER AGREEMENT PRIOR TO THE DATE OF LOSS . WC 00 03 13 (Ed.4-84) '1983 National Council on Compensation Insurance. DATE(MMIDD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE ��. 1/27/2027 12/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAMEACT 8110E Union Avenue PHONE— FAX Suite 100 (A/C.No.EMI: A/C,No): Denver CO 80237 ADDRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Insurance Company 16543 INSURED NASH-Holland 18750 Delaware Investors LLC INSURER B:*** SEE ATTACHMENT*** 1518183 808 Washington Street,Suite 500 INSURER C:Navigators Specialty Insurance Company 36056 Vancouver,WA 98660 - INSURER D: INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: 19167796 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER ;(MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY N N TI22PRWU-02056-01 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE X OCCUR PREMISESO(Ea occur ence) $ 50,000 X Ded:$100,000 MED EXP(Any one person) $ Excluded X OCIP PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBIINdEDtSINGLE LIMIT $(Ea acci ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XX�QQTXX H ONLY AUTOS $ XXXXXXX NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ XXXXXXX B UMBRELLA LIAB X OCCUR N N See Attached EACH OCCURRENCE $ 50,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 50,000,000 X DED RETENTION$ $0 $ XXXQQQXX PER OTH- WORKERS COMPENSATION NOT APPLICABLE AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ XXX3CJCXX OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX C Contractors Pollution N N MP22ECPZ08U7NIC $5,000,000 Occurence Liability $35,000,000 Aggregate $25,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. Re:Holland-Huntington Beach project located at 18750 Delaware Street,Huntington Beach,CA 92648. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19167796 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Information Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code:D618933 Master ID: 1518183,Certificate ID: 19167796 Carrier: Policy Number: Allied World Assurance Insurance Company(10xP) 0313-5796 Quota Share (10x15) Texas Insurance Company(5M part of 10M) TI22XRWU-02059-01 Arch Specialty Insurance Company(5M part of 10M) UXP1049316-00 Quota Share (15x25) Capitol Specialty Insurance Company(7.5M part of 15M) TBD Fair American Select Insurance Company(7.5M part of 15M) CSX-8000114-00 Quota Share (15x40) Westfield Specialty Insurance Company(7.5M part of 15M) XSL-00015M7-00 Crum & Forster Specialty Insurance Company(7.5M part of 15M) SEO-120867 cn L-- --7v.-- -. \/ \P-S— \---)F I i (lij efy< , I I /L—ii i /n . _ r 1% 4; - .• r- m S'T D-I... a < a 0 m DELAWARE ST. H \ DELAWARE ST. mo ,r- K 1 j Ll 0� JFLORIDA ST. � . 2i9�� ► sT BEACH BLVD. f1 BEACH BLVD. )% — m r - c~ CO n 1 I i—__, L -,,---i1' II 1l fl. T 3 ,?--z-_ N W SHEET 3 OF 4 SHEETS PARCEL MAP NO. 2022-106 SEE H: CONTAINING 1 NUMBERED PARCEL SHEET 2 FOR MONUMENT DESCRIPTIONS,ESTABLISHMENT GROSS AREA= 178,357 SQ FT/4.095 ACRES NOTES,BASIS OF BEARINGS,DATUM STATEMENT,LEGEND AND REFERENCE NOTES,AND EASEMENT NOTES. NET AREA=175,055 SQ FT/4.019 ACRES IN THE CITY OF HUNTINGTON BEACH fl EE SHEET 4 FOR EASEMENT DETAILS. DATE OF SURVEY: MARCH 2022 ALL OF TENTATIVE PARCEL MAP NO.2022-106 COUNTY OF ORANGE, STATE OF CALIFORNIA TALBERT AVENUE (CITY OF HUNTINGTON BEACH TENTATIVE PARCEL MAP NO.2022-002) BEING A SUBDIVISION OF PORTIONS OF LOTS 6&7 IN BLOCK"G"OF TRACT NO.7,AS PER MAP FILED IN BOOK 9,PAGE B OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P.eV'eS Q0• 4�•4i\/Q-'`1L=i. Q NC2,03,18B,39 R7 DATE OF SURVEY: MARCH 2022 JOSEPH D. DEAL, L.S. 9276 �� 6°0p^/'Yp 4 >" I E 6,032,224.70 O I FOUND MAG SPIKE&BRASS ��< L0p/Lpryl IDEN:Le,, L SURVEYING & MAPPING, INC. 4-01' o 1 1 WASHER STAMPED "CITY OF Q?1cb.4,q- G� 1 0 ¢ o— HB", FLUSH,PER CORNER 1 ,y'o ph 0h 0"O • 1 �' Qti O� o c�a w'I RECORD 2016-2928 /y y IDENTICAL y/ry Q 1 ,ph O F o 0e�' p6`p`7' Iy o yA ,:•.Q`1• s o /Dp 0,' „z, 0 w o LOCATED AT THE CENTERLINE (-7,. p A/ry p, p �Pyo .yN 04 o F 1 INTERSECTION OF JOYFUE. (71 Acc Np0p 'S^ IDENTICAL ?p `94Y" I n n N I 1 LANE&TALBERT AVENUEn BOUNDARY ESTABLISHMENT arc° / M Z I I/ _i J zI WLY UNE OF BLOCK"G" I�0 1 O� 2 � N 5r.Ir ��� ,p1� " 1 �( y ry 't E'LY LINE OF BLOCK"G" co N B9'S6'31"W Co Sl, 659.22'M O (659.90'R1) .IV 0'� 8g N L nA 599.22'M (599.90'R1) y ci D I j 'i Yv 299.66'M(300.00'R7) 299.55'M(299.90'RI) N�vl �_ 583.22'M ' 30'M OmINA ,'6 44' J 1 1 �j 2' �o l A c Nomr_ 30f. 0, I 70, \AO' I ��1�0 wsm�< .� , m Z �� �jo I �--m 4' - . m N N P 14' O1 ¢ R oiV � _ oizv Np 'b a ~ m N N ., b a W3 mONO 13 N Z O I- w 3 I N \PI N 4 m N N/ v Ii N89'56'S7"W 10.00' ¢ < IDENTICAL oiiii ii1> PARCEL 1 0 <� _ �, I w 4.095 AC GROSS a ow �g '4,6. -�_IN o 4.019 AC NET _ z oP M o eo n �-d Li 30' u, o w o -o oz W z 10• o 00 0 to oz 4, n GRAPHIC SCALE U Im Q Z L.0 o qQ ' 3�_' z o 0 20 4� 160 7LL W N N�IN O O U 32' z� o 0 O N N N 0 z J (IN FSE-r) JU Q N =olP �V III .\ 1 Inch..40 it, p�p� a ,n o °6° J a^Io of B OG\L K❑ 9I8 o N ( o; N z N C SEE SHEET 4 FOR w m m m S I 4.10 V� EASEMENT DETAILS U �� -- �= I l 0 I I , m - " � �- ► la 40' r. 5133.19'M _y_- N 30'M \ _ - - - > S 289.65'M 299.54'M 1 W o I it I _ PARCEL 2 589.19'M } o O w z N B9'S7'22"W 659.19'M �' C� 1 OCS GPS 5050 R1 a w F o PARCEL 2 PARCEL 1 - �' o �® -:I _ m N 2,197,905.39 z 6l o �O g o LO F E o 0 `"' U1,4722 6,032,763.65 �o rnlo T FOUND PUNCHED BOAT SPIKE& a=z W m PARCEL I MAP NO. 82-558 P.M.B 175/7-8 cQ BRASS WASHER STAMPED T I < "CALTRANS", FLUSH, PER RECORD 0 MN,. 5 i 4 I L.1 OF SURVEY 2019-1007, R.S.B. 0 o.. LOT 2 LOT ]3 f LET SLY UNE OF BLOCK"G" y07 I m L31 OCATE-39 O w 299.61'M&R2 (300.00'RI) LOT 299.52'M&R2 (299.90'R7 1 INTERSECTION OF BEACH RUNE O _CO N 89'59'59"W 599.13 M (599.14'R2) (599.90'R1) _ © 678.87'GROUND BOULEVARD&GARFIELD AVENUE. N N 678.86'TIE GRID r GARFIELD AVENUE _ N 89.59'59"W 659.13'M&R2 (659.90'RI) _ _ _ _N 89'38'44_W GARFIELD AVENUE L 627 , *NW TIN G T ,,....,, 0 , \Z_ \‘) ••••'CORPORAr ak -•,/kIg,iNlolb.ilb ki •• \A FO •• _ 17,__________ _ _ _ __ _ _ % N lik _____ __ , ,,,,,,,ip,,„ ce) Delaware Holland Residential Jillnt, •/0/1. • - t , Subdivision Agreement & Bonds ( 1A_ __ • I- -- _ _--- iSmv 0 Department of Public Works �_= � `- • September 5 2023 • we Q • •• • 0 • •e .'- 0. 40• 0 ,� ••, I, 19o . , o • 6)1,1 -s 10 i •► .�!// 628 BAC KG RO U N D • Tentative Parcel Map No. 2022-106 was conditionally approved by the Director of Community Development on May 6, 2022. • This project includes a four-parcel consolidation for the construction of a 346-unit residential apartment complex, located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building at 18800 Delaware Street. 77 � .o .,„ / t ' - - _ ,c . S I, . 'I! �� V". T i �/��/VA67� .7• . ' t 1]II11 -fri sr f . t- ea ! s : >.»1:, �,; 'I 1fJ ; y i . - � S. W : ,ram- e lie .: c' f w `e , � �CC _-' h_ x.''.i" : .;11 l :_ . . : - x ' Ftr— 1_, / ( CpPPUA •. Ilk� N qp �••y _ .1..... om` r°' -- 11 i 4.. r a1.11. ..14-I 1 i'" ,:li, :�p .a: T '1 ; • , % 5 U i "i ��i:�fl:l9;l-I =It i �II�iI.. I-',�i1I1I r _F—,� ;`;-: ;;; ::'r A 7 F=�.:: F : t RI.let �a.�.�n q,' � 1=' � _. __'���. .. =C°LINTY t�'i11 er.ao .... - / 629 PURPOSE • This new residential subdivision project includes the processing of a Final Parcel Map, to consolidate 4 existing parcels into one lot. • This map will record with the County of Orange prior to construction of the required public improvements. • Pursuant to the State's Subdivision Map Act, Public � �UNTINGT Works conditioned the project to execute a subdivision ,rof,N5 ,77,7,•:WW\ agreement and submit bonds as sureties to ensure ry._ , ,�'•;_``� completion of the projects public improvements prior Vspok.r .; 1 . - $ to the City's final inspection of signoff. �;��F'tee 1', ,9°9 .=-�c;/'� : OUNT`I CP//# 630 DETAILS • The project's scope of public improvements includes construction of new curb, gutter, sidewalk, a new section of public storm drain pipeline and connections to the public sewer and water mains along its Delaware Street and Florida Street frontages. • The Subdivision Agreement and Bonds presented to the NT I N G City Council tonight have been reviewed and approved 1� o� CCRPRRgTF�°:� n .vrA as-to-form by the City Attorney's office. &,-1 • 631 RECOMMENDATION • Approve and execute the Subdivision Agreement by and between the City of Huntington Beach NASH - Holland 18750 Delaware Investors, LLC • Authorize the City Clerk to record the subject agreement. • Accept Faithful Performance Bond No. DVHNSU0832094, Labor and Material Bond No. DVHNSU0832094 and Monument Bond No. DVHNSU0832094, the securities 0�toTTIN ��i furnished for installation of the required public ,/ ` . N�ORPORATFyo6.�\\ improvements. �'- : ;;,'_�_`, • ‘ • Instruct the City Clerk to file the bonds with the City ‘&..,-7B7, jgp9;Po :o��,�' Treasurer. 632 BOND NO. DVHNSU0832094 PREMIUM $15,703.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and NASH-Holland 18750 Delaware Investors, LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated Sl PTI I- 1I , 20 23 , and identified as project cPM18750 zozzDe-lawa,osr Apartments, is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and Harco National Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of One Million Four Hundred Twenty-Seven Thousand Five Hundred Two and 00/100 dollars($1,427,502.00 ) 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 1,1 manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City", its officers, agents and employees, as therein stipulated, then this • obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by"City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FAITHFULL PERFORMANCE BOND FM. 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 February 16 ,20 23 NASH-Holland 18750 Delaware Investors, LLC as Principal By L_ By G�o,26sE EuM MAAIRGINC, pcRECTDl2, DEVELvPM T Harco National Insurance Company, as Surety Byeict)tk .,04,ytei By Kelli E. Ho orth,Attorney-in-Fact APPROVED AS TO FORM By' MICHAEL E. GATES r v CITY ATTORNEY 1, CITY OF HUNTINGTON BEA FAITUFULL PERFORMANCE BOND FM. • STATE OF CALIFORNIA ) SS COUNTY OF ARAtteE ) i o$ R,iGEL S ON M A MIA 14, a0Q3 , BEFORE ME, JOSH SCoVT S 1 ti PSo NI A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED C� Cb RG e GLUM , PROVED TO ME ON THE BAST 3 OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF-WHICH THE PERSON(S)ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE r ""�• JOSH SCOTT SIMPSON SEAL ;:`�Y `Jw COMM. #2403533 z reF.i: r_?-M1,: Notary Public •California o x'•ZV Orange County trprti, My Comm.Expires June 3 2026 Colorado STATE OF i1PFA ) Denver ) SS COUNTY OF t 4R42( ) ON February 16,2023 , BEFORE ME, Angelica Chavez , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Kelli E.Housworth , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED, EXECUTED THE.. INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL ANGELICA CHAVEZ • NOTARY PUBLIC FAITHFULL PERFORMANCE BOND FM. STATE OF COLORADO NOTARY ID 20154040394 MY COMMISSION EXPIPIM OC1 14,2023 POWER OF ATTORNEY Bond# DVHNSU0832094 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road, Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint JOHN BROWNING,THOMAS F. MCCOY JR,KELLI E. HOUSWORTH,SHEILA J. MONTOYA,SUSAN J. LATTARULO,JUSTIN TOMLIN Denver, CO their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds.and..undertakings, contracts of indemnity and other writings obligatory in the nipture thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 .......,,•,, 0.1NS(t 4 �t0 ;�r (j STATE OF NEW JERSEY STATE OF ILLINOIS ;O?osvOtt4p'�p Countyof Essex = `:w :0'= ' yo SaitEAL!�, County of Cook z SEAL 121 v9o4_kdb i�ugb E a� Kenneth Chapman '•,4•"N/ ' �� * Executive Vice President,Harco National Insurance Company "•. ,,,"." and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ��.•�"'. `'•., IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, :� i E A...... New Jersey the day and year first above written. 4.y C a.oTAp). ..�< (\�/ ,°UBL,�,O:: , a. Cioe �, Out ley v JEF15�,`�,` Shirelle A. a Notary Public of New Jersey V •...„."` My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify- that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. • IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, February 16, 2023 A00922 Irene Martins,Assistant Secretary BOND NO. DVHNSU0832094 PREMIUM Included w/Performance Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and NASH-Holland 18750 Delaware Investors, LLC (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated SEPT', Sift 20 2-518750 Delaware Apartments (PM and identified as project 2022-106) , 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 Seven Hundred Thirteen Thousand Seven aforesaid Civil Code in the sum of Hundred Fifty One and 0/100 dollars ($ 713,7510.00 ), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null. and void, otherwise it shall be and remain in full force and effect. 1 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on February 16 20 23 NASH-Holland 18750 Delaware Investors,LLC , as Principal By By Gore GI um, Mah�.9 (hi DirPctDr, pevelopmeMt Harco National Insurance Company , as Surety By 0.A;\By Kelli E.Hous o ,Attorney-in-Fact APPROVED AS TO FORM By: MICHAEL E. GATES CITY ATTORNEY C CITY OF HUNTINGTON BEAC • STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) Los ANGEl.E1 ON MARCH 14, aoa3, BEFORE ME, 30514 S COTT 51 tr+?So,J A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED G ED RG E ELU t-1 , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT • HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL �• "'•- JOSH SCOTT SIMPSON :*!t'. COMM. #2403533 zz • Z,; --�?• Notary Public-California ope Orange County o rr c M Comm.Ex'ires June 3 2026 Colorado STATE OF tWIlealiCA ) Denver ) SS COUNTY OF 04W ) ON February 16,2023 , BEFORE ME, Angelica Chavez A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Kelli E. Housworth , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIA SEAL. SIGNATURE SEAL ANGELICA CHAVEZ NOTARY PUBLIC FA[7HFULL PERFORMANCE BOND FM..doc STATE OF COLORADO NOTARY ID 20164040304 MY COMMISSION EXPIRES OCT: 14,2023 POWER OF ATTORNEY Bond# DVHNSU0832094 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint JOHN BROWNING,THOMAS F. MCCOY JR, KELLI E.HOUSWORTH,SHEILA J.MONTOYA,SUSAN J.LATTARULO,JUSTIN TOMLIN Denver, CO their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all.bonds:end undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,'Statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed •by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 ,,,,,,,,,,,, tNS(/ e �tiO ' STATE OF NEW JERSEY STATE OF ILLINOIS ; 4?r`epoitq�ti'0 l:rC" '\' County of Essex / County of Cook =�: SEAL 1gpgLa it-5J/ :t) • t ieaa E� a% IP Kenneth Chapman •=,by "'*" A�;�' 'Y� F � Executive Vice President,Harco National Insurance Company 0$•.•.•."',, and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �.,`',,,,"'',. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, . LE A.�O�G,j�'; New Jersey the day and year first above written. ei Do o ' dh A a. addf l ,�'JERS �� Shirelle A.Outley a Notary Public of New Jersey ',,",,i i�``, My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, February 16,2023 A00922 Irene Martins,Assistant Secretary BOND NO.DVHNSU0832094 PREMIUM Included W/Performance Bond MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT NASH-Holland 18750 Delaware Investors,LLC p a,rceA as Subdivider of loot No.2 9 Z-10{pin 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 NASH-Holland 18750 Delaware Investors,LLC (Subdivider) as principal, and Harco National Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of se ting 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$ 5000.00 , 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 16th day of February 20 23 NASH-Holland 18750 Delaware Investors,LLC , as Principal By , By den E(l r11 , Maylau lip Dilrertar, DeyelOblmevtf— Harco N tional Insu nce Company as Surety By �QN By Kelli E. Hous rth APPROVED AS TO FORM Sv: 1 MICHAEL E. GATES CITY ATTORNEY G:\Engineering Division\DEVELOPMENTPorms\Bond Forms\Monument$9p 1WGF H$JNTINGTON BEAC STATE OF CALIFORNIA ) SS COUNTY OF 9RJANGE ) LOS ANGEL ES ON MRRGH ly, a093, BEFORE ME, 3051A 3coTT 51 M?SOrJ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED G Co (AGE ELM AND PERSONALLY KNOWN TO ME (OR 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 'S NOTARY PUBLIC IN AND FOR SAID STATE IN 6 RA E COUNTY JoS \ Scort SIMfSorJ PRINTED NAME MY COMMISSION EXPIRES JU G 3, oQOZ)to ;0 ",s� JOSH SCOTT SIMPSON •- w COMM. #2403533 z '�2. Notary Public-California Colorado 2 � Orange County STATE OF ) 1 ''m=�•�• . MI Comm.Expires June 3�2026� Denver ) SS COUNTY OFVIf §P°( ) ON February 16,2023 , BEFORE ME, Angelica Chavez A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Kelli E.Housworth AND N/A PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF STATISFACT.... "( 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 S' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AN' SAID STATE IN Denver COUNTY Angelica Chavez PRINTED NAME MY COMMISSION EXPIRES 10/14/2023 2 h9CA CH/�,VI=Z I`�`�.���''-�+RY PUBLIC 8 ..' FR COLORADO.. G:\Engineering Division\DEVELOPMENT\Forms\Bond Forms\Monument Bond Word.doc NC % -,'�ID 201540403341 m?tOrko :•:;:::0N EXPIRES OCT. 14,2023 POWER OF ATTORNEY Bond# DVHNSU0832094 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint JOHN BROWNING,THOMAS F.MCCOY JR, KELLI E.HOUSWORTH,SHEILA J. MONTOYA,SUSAN J. LATTARULO,JUSTIN TOMLIN Denver, CO . their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all•5bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted bylaw,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 �t0 STATE OF NEW JERSEY STATE OF ILLINOIS ; O:• 01141.0 Ire: lnS{h r ;may p4�aR►" County of Essex County of Cook :Q; o ° 1SEAL 9040" .z. SEAL 'cc 1904 coi tsar 444;* obti•r�4t/40S Aa r Kenneth Chapman ',ti 1� o• N/ } f Executive Vice President,Harco National Insurance Company '......... and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .,,"",""'. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, . ..OG�'�; New Jersey the day and year first above written. •y�'�° oTAq..g 4' ▪ p�e�,G,o : 0644(4. a. gyp, soo,9e $.: ,I'JEclG Shirelle A.Outley a Notary Public of New Jersey '''......``. My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, February 16,2023 A 2 0092 Irene Martins,Assistant Secretary RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) %, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 0/22 SUBJECT: Bond Acceptance I have received the bonds for t1M5h-fik()"r1ik F 5D DGIAti ice& +(�1�� Y uLC- (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 ' Oat.Faithful Performance Bond No. NH-NaV(..O 73 220gi 1.4 Labor and Material Bond No. OV 51/4 Og 37 O r Guarantee and Warranty Bond No. Monument Bond No. iv11 fl '\134/( L 32.571 U Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved '/ S 23 r (Council Approval Date) CC No. �1 No. 23-lO MSC No. City Clerk Vault No. 42D. l.'C) Other No.'Pl1 Hit-? IVD. SIRE System ID No. � g:/forms/bond transmittal to treasurer .2022 r 0() Ifir 11N6�� � 0 � o�?:•..-.**o_aT.•���® City of Huntington Beach _ 2000 Main Street ♦ Huntington Beach, CA 92648 o ;;moo Q (714) 536-5227 ♦ www.huntingtonbeachca.gov GFCo °9°9 cA�\�og�� Office of the City Clerk NTY 6 Robin Estanislau, City Clerk September 22, 2023 NASH — Holland 18750 Delaware Investors, LLC do Holland Partner Group 808 Washington Street, Suite 500 Vancouver, WA 98660 To Whom It May Concern: The City Council of Huntington Beach, at its regular meeting held Tuesday, September 5, 2023, approved the Subdivision Agreement for Final Parcel Map No. 2022-106. We are enclosing a copy of the agreement and bonds for your files. Sincerely, edd/ZI4dAd Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister City: Anjo, Japan o °� �'` 4FoGT°� City of Huntington Beach �T`�'-� '••I ; 2000 Main Street ♦ Huntington Beach, CA 92648 - _ (714) 536-5227 ♦ www.huntingtonbeachca.gov �� • ' Office of the City Clerk 0UNTY �P'q f� Robin Estanislau, City Clerk '��•�esfffB September 22, 2023 Oregon Law Group, P.C. Attn: Chris Riha 1675 SW Marlow Avenue, Suite 404 Portland, OR 97225 • Dear Mr.Riha: • The City Council of Huntington Beach, at its regular meeting held Tuesday, September 5, 2023, approved the Subdivision Agreement for Final Parcel Map No. 2022-106. We are enclosing a copy of the agreement and bonds for your files. Sincerely, 9-16kizz6-4.4) Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister City: Anjo, Japan 0/..e6TINGTO�. City of Huntington Beach 4I.. 2000 Main Street ♦ Huntington Beach, CA 92648 '_ (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk couNTY c ",\-01. Robin Estanislau, City Clerk sAof/ 9 September 22, 2023 Holland Partner Group Attn: Tom Warren 5000 E. Spring Street, Suite 500 Long Beach, CA 90815 Dear Mr. Warren: The City Council of Huntington Beach, at its regular meeting held Tuesday, September 5, 2023, approved the Subdivision Agreement for Final Parcel Map No. 2022-106. We are enclosing a copy of the agreement and bonds for your files. Sincerely, (R7441, e6k1114,141Ad Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister City: Anjo, Japan