Loading...
HomeMy WebLinkAbout11 - Final Tract Map No. 18135 for a Residential Condominium Development Located at 1244 Irvine AvenueQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report March 24, 2020 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3334 TITLE: Final Tract Map No. 18135 for a Residential Condominium Development Located at 1244 Irvine Avenue ABSTRACT: City Council to consider approval of Final Tract Map No. 18135 for Condominium Purposes for a residential condominium development located at 1244 Irvine Avenue. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because this action will not result in a physical change to the environment, directly or indirectly; b) Review and approve the Subdivision Agreement for Final Tract Map No. 18135 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for Final Tract No. 18135 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities; and d) Review and approve Final Tract Map No. 18135 located at 1244 Irvine Avenue pursuant to Section 19.60.010 of the Municipal Code. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Shea Homes Limited Partnership, a California limited partnership (Property Owner) is proposing a residential condominium development located at 1244 Irvine Avenue. The development consists of the demolition of an existing 114 -unit apartment complex and construction of a 92 -unit residential condominium project on an approximately 5.767 acre site. The project is located at the southeasterly corner of the Irvine Avenue and Mariners Drive intersection. Final Tract Map No. 18135 for a Residential Condominium Development Located at 1244 Irvine Avenue March 24, 2020 Page 2 Tentative Tract Map No. 18135 (City Tentative Tract Map No. NT2017-005) for the proposed development was approved by the Planning Commission on June 21, 2018 (Planning Commission Resolution No. PC2018-019) (Attachment D). On August 22, 2018, the applicant made the initial submittal for Final Tract Map No. 18135 to the Public Works Department for approval and filing in order to construct the proposed residential condominium development (Attachment B). On December 20, 2019, the applicant submitted construction surety bonds in the amount consistent with the Public Works Department's approved cost estimate in the form acceptable to the City, guaranteeing the completion of the various required public and private improvements. The bonds have been reviewed and approved by the City Attorney's Office and Public Works Department (Attachment D). The applicant has also satisfied all applicable Tract Map conditions of approval for the residential condominium development. Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract maps. Final Tract Map No. 18135 does conform to the applicable Tentative Tract Map and its conditions of approval. Per Sections 19.36.010 and 19.36.030 of the Municipal Code, the City Council shall review the Subdivision Agreement and required securities to ensure the completion of all required improvements (Attachment C and D). The map also conforms to all requirements of the Subdivision Map Act and the City's Subdivision regulations. =1ki1V1-Tel kiILY, l=1kikIFITE AVAIA►ITS Planning Commission Resolution No. PC2018-019 for this development has determined that the project is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 2 (Replacement and Reconstruction). The action of approving the final tract map will not be subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Final Tract Map No. 18135 Attachment C — Subdivision Agreement Attachment D — Surety Bonds Attachment E — Planning Commission Resolution No. PC2018-019 11-2 11-3 SHEET 1 OF 5 SHEETS (ALL OF VESTING TENTATIVE TRACT NO. 18135) 1 NUMBERED LOT GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES NT 2017-005 TRACT NO. 18135 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF BLOCK 53, OF IRVINE'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR CONDOMINIUM PURPOSES DANE P. MCDOUGALL • DATE OF SURVEY: L.S. 9297 CONSULTING, INC. AUGUST, 2017 WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC HIGHWAY AND PUBLIC UTILITY PURPOSES: IRVINE AVENUE AND MARINERS DRIVE. WE HEREBY DEDICATE TO THE CITY OF NEWPORT BEACH: EASEMENTS FOR EMERGENCY ACCESS, PUBLIC ACCESS, PUBLIC SIDEWALK AND UTILITY PURPOSES OVER LOT 1 AS SHOWN ON THIS MAP. WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF NEWPORT BEACH ALL VEHICULAR AND PEDESTRIAN ACCESS RIGHTS TO IRVINE AVENUE, MARINERS DRIVE, AND RUTLAND ROAD, EXCEPT AT APPROVED ACCESS LOCATIONS. SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP JOHN VANDER VELDE AUTHORIZED AGENT NOTARY ACKNOWLEDGMENT JOHN DANVERS AUTHORIZED AGENT 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 ON THIS DAY OF 2020, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED 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: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) NOTARY ACKNOWLEDGMENT INrd9961AIA1F.`L9IN100lei IN1'dglei AIAIf,X9to] 10WNN1161 *601 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 ON THIS DAY OF A NOTARY PUBLIC, PERSONALLY APPEARED 2020, BEFORE ME, 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: SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRINTED) MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY MY COMMISSION NO. MY COMMISSION EXPIRES PURPOSE STATEMENT THE PURPOSE OF THIS MAP IS TO CREATE ONE LOT FROM AN EXISTING PARCEL FOR CONDOMINIUM PURPOSES. SIGNATURE OMISSIONS SEE SHEET 2 SURVEYOR'S STATEMENT ACCEPTED AND FILED AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY DATE TIME FEE $ INSTRUMENT NO. BOOK BY PAGE HUGH NGUYEN COUNTY CLERK -RECORDER DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MELIA HOMES, INC. IN JULY 2017. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. L C., �,� Q . M CD Cp `rli DANE P. MCDOUGALL DATE L.S. 9297 L.S. 9297 ��qTF OF CA0F���\ COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR P.L.S. 8402 CITY ENGINEER'S STATEMENT 2020. - S4 cCL No. 8402 OF CA\ - I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WILL BE EFFECTIVE ON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF 2020. QROf ESS /OA, M HOF'c JAMES M. HOULIHAN, R.C.E. 51568 Q v ' DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER � z CITY OF NEWPORT BEACH C 51568 Exp. 6/30/20 EXP. 6/30/2020 s Divi\. lgTF `s OF CAL\FO CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF NEWPORT BEACH PURSUANT TO SECTION 19.60.010 OF THE SUBDIVISION CODE, AND PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3) OF THE SUBDIVISION MAP ACT, I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD ON AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENTS, THE FEE DEDICATION FOR PUBLIC HIGHWAY AND PUBLIC UTILITY PURPOSES OF: IRVINE AVENUE AND MARINERS DRIVE. AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF NEWPORT BEACH: THE EMERGENCY ACCESS, PUBLIC ACCESS, PUBLIC SIDEWALK, AND UTILITY EASEMENTS OVER LOT 1 AS DEDICATED. THE VEHICULAR AND PEDESTRIAN ACCESS RIGHTS TO IRVINE AVENUE, MARINERS DRIVE, AND RUTLAND ROAD EXCEPT AT APPROVED ACCESS LOCATIONS AS RELEASED AND RELINQUISHED. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A) OF THE SUBDIVISION MAP ACT. DATED THIS DAY OF 2020. LEILANI I. BROWN CITY CLERK OF NEWPORT BEACH COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE STATE OF CALIFORNIA SS COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF 2020. SHARI L. FREIDENRICH BY: COUNTY TREASURER—TAX COLLECTOR TREASURER — TAX COLLECTOR SHEET 2 OF 5 SHEETS (ALL OF VESTING TENTATIVE TRACT NO. 18135) 1 NUMBERED LOT GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES NT 2017-005 SIGNATURE OMISSIONS TRACT NO. 18135 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES DANE P. MCDOUGALL DATE OF SURVEY: L.S. 9297 CONSULTING, INC. AUGUST, 2017 MONUMENT NOTES PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) & (C) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: CITY OF NEWPORT BEACH, HOLDER OF AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES, RECORDED MAY 18, 1959 IN BOOK 4718, PAGE 190 OF OFFICIAL RECORDS. THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT FOR AVIGATION PURPOSES, RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 4, 1969 IN BOOK 8864, PAGE 635 OF OFFICIAL RECORDS. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED MAY 23, 1969 IN BOOK 8966, PAGE 652 OF OFFICIAL RECORDS. THE IRVINE COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, HOLDER OF ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS AS RESERVED IN THE DEED RECORDED MARCH 21, 2013 AS INSTRUMENT NO. 2013000171786 OF OFFICIAL RECORDS. BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATION GPS NO. 6254 AND GPS NO. 6236R1 BEING NORTH 39°41'54" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DATUM STATEMENT COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83),ZONE VI, 1983 N.A.D. (2007.00 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99996848, (GPS 6254 VALUE). LEGEND R1 — RECORD OF SURVEY 2012-1123, R.S.B. 264 / 38 R2 — TRACT NO. 3606, M.M. 130 / 31-32 R3 — TRACT NO. 4225, M.M. 153 / 23-24 R4 — TRACT NO. 4824, M.M. 173 / 28 R5 — RECORD OF SURVEY 86-1071, R.S.B. 114 / 20 R6 — CITY TIE, BOOK VII, PAGE 104. [ ] — INDICATES RECORD OR CALCULATED DATA PER R1. € — INDICATES RECORD OR CALCULATED DATA PER R3. () — INDICATES RECORD OR CALCULATED DATA PER R4, UNLESS OTHERWISE NOTED. < > — INDICATES RECORD OR CALCULATED DATA PER R5. M & R INDICATES MEASURED AND RECORD DATA PER R2, UNLESS OTHERWISE NOTED. SYMBOLS & ABBREVIATIONS B. C. BEGINNING OF CURVE CENTERLINE C. R. CORNER RECORD EST. ESTABLISHED FD. FOUND INT. INTERSECTION L&T LEAD & TACK LT&T LEAD, TACK & TAG MEAS. MEASURED S&W SPIKE AND WASHER SFN. SEARCHED, FOUND NOTHING. O1 OCS GPS POINT NO. 6254 N 2176288.90 E 6056800.24 FD. PUNCHED 2" BRASS DISK IN CONC., DOWN 0.9' IN WELL MONUMENT. STATION IS LOCATED AT THE � INT. OF IRVINE AVENUE AND 17TH/WESTCLIFF STREET PER PM 99-139, PMB 309/31-32. 2O OCS GPS POINT NO. 6236R1 N 2178575.75 E 6058698.71 FD. PUNCHED SPIKE AND 1 1/2" OCS BRASS WASHER STAMPED "6236R1 3-01" FLUSH. STATION IS LOCATED IN THE WESTERLY PORTION OF THE INT. OF COSTA MESA STREET AND IRVINE AVENUE PER PM 2016-109, PMB 388/24-25. O3 FD. LONG NAIL 0.2' ABOVE REMAINS OF CONCRETE BASE, NO REF, FITS REMAINING TIE PER CITY TIE BOOK VII PAGE 104. CONC BASE IS 0.6' DOWN, ACCEPTED AS THE CENTERLINE INT. OF MARINERS DRIVE AND RUTLAND ROAD. SET 8" S&W STAMPED "LS 9297", FLUSH. 4O FD. LONG NAIL 0.1' ABOVE REMAINS OF CONCRETE BASE, NO REF, ACCEPTED AS B.C. CONC BASE IS 0.3' DOWN. SET 8" S&W STAMPED "LS 9297", FLUSH. O5 FD. 4 NOTCHES IN SEWER MANHOLE RIM PER R1, ACCEPTED AS THE CENTERLINE INT. OF WESTCLIFF DRIVE AND BUCKINGHAM LANE. 6O FD. S&W, NO STAMPING, AS SHOWN ON R1, ACCEPTED AS THE CENTERLINE INT. OF IRVINE AVENUE AND MARINERS DRIVE. DOWN 0.2'. 7O FD. S&W, STAMPED "RCE 6579 — COSTA MESA" AS SHOWN ON R1, ACCEPTED AS THE CENTERLINE INT. OF IRVINE AVENUE AND WESTCLIFF DRIVE. DOWN 0.3'. gO FD. S&W, NO STAMPING, AS SHOWN ON R1, DOWN 0.3'. ❑ INDICATES 8" S&W STAMPED "LS 9297" IN ASPHALT PAVING OR 1" I.P. TAGGED "LS 9297" TO BE SET. 0 INDICATES 2" IP TAGGED "LS 9297", FLUSH; OR LT&T STAMPED "LS 9297" IN CONCRETE, TO BE SET. • FOUND MONUMENT AS NOTED. . FOUND O.C.S. GPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. ESTABLISHMENT NOTES OA SFN. — EST. BY PROPORTIONATE MEASUREMENT PER R1. © SFN. POINT FALLS ON MANHOLE. — EST. BY PROPORTIONATE MEASUREMENT PER R3. EASEMENT NOTES FA INDICATES AN EASEMENT FOR EMERGENCY ACCESS, PUBLIC ACCESS AND UTILITY PURPOSES OVER LOT 1 DEDICATED TO THE CITY OF NEWPORT BEACH, AS SHOWN ON THIS MAP. © INDICATES AN EASEMENT FOR UTILITY PURPOSES OVER LOT 1 DEDICATED TO THE CITY OF NEWPORT BEACH, AS SHOWN ON THIS MAP. © INDICATES AN EASEMENT FOR PUBLIC SIDEWALK OVER LOT 1 DEDICATED TO THE CITY OF NEWPORT BEACH, AS SHOWN ON THIS MAP. ❑1 AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF NEWPORT BEACH PER DOCUMENT RECORDED MAY 18, 1959 IN BOOK 4718, PAGE 190 OF OFFICIAL RECORDS. 2 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, PER DOCUMENT RECORDED FEBRUARY 4, 1969 IN BOOK 8864, PAGE 635 OF OFFICIAL RECORDS. (THE LOCATION OF SAID EASEMENT IS INDETERMINATE FROM RECORD) 3 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, PER DOCUMENT RECORDED MAY 23, 1969 IN BOOK 8966, PAGE 652 OF OFFICIAL RECORDS. (THE LOCATION OF SAID EASEMENT IS INDETERMINATE FROM RECORD) 4 AN EASEMENT FOR AVIGATION PURPOSES, IN FAVOR OF COUNTY OF ORANGE, PER DOCUMENT RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS. (BLANKET IN NATURE) 11-5 SHEET 3 OF 5 SHEETS (ALL OF VESTING TENTATIVE TRACT NO. 18135) 1 NUMBERED LOT GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES NT 2017-005 _q. ofc� O N rn N N C3 z Q � w � m coW 0 N � 07 Q N m w 4 �I m M Z TRACT NO. 18135 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES DANE P. MCDOUGALL • DATE OF SURVEY: L.S. 9297 CONSULTING, INC. AUGUST, 2017 COSTA MESA STREET �N38°56'13"E 1651.94' (TIE) Iv U W W 6 :Z m / \30.00,/ 4 -- � tLLJ o C) W 8 0 :;� V) 30' 50' 00 O W U � v c� BOUNDARY ESTABLISHMENT & LOT DETAIL SEE DETAIL "A" HEREON (A=20°03'38" A=20°03'36" R=300.00' R=300.00' L=105.04') L=105.03' MARINERS DRIVE (4 N49°21'25"W 335.01' (334.89') 305.01' <305.00'> o 2. MARINERS DRIVE (DEDICATED HEREON) 1 -- N49°21'25"W 235.01' <235.00'> \A=89°59'30" <A=90°00'00" / R_20.00' R=20.00' L=31.41' L=31.42'> I ALL VEHICULAR ACCESS RIGHTS TO MARINERS DRIVE ARE RELEASED AND RELINQUISHED TO THE CITY OF NEWPORT BEACH EXCEPT AT APPROVED LOCATIONS. <A=14'18'18" A=14° 18' 11 'j R=15.00' R=330.00 L=82.39'> L=82.38' LDv, z2ga 1v 017 Iguz vwyo 0 s o07s LOT 1 GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT NOTES, SURVEYOR'S NOTES, EASEMENT NOTES, SYMBOLS & ABBREVIATIONS & NOTES. SEE SHEET 4-5 FOR EASEMENT DETAIL. 3 RINERS DRIVE soy, STA E�R_i _ 1426 2p 4" 2 _ _ \ �, �'o `s , \ �6 PRC \ n � ��� � � 'moo., � \ p=1418' 11" \ <p=14°18'18" R_330.p0 \` \ R=15.00 L= 38 o � 82. \ 500���0 L=82.39> 3 ,-6R,�5 LOT 1 � DETAIL "A" ` 1\ SCALE: NONE Qo `o .00. �d %Nye 0 Q v 0 ALL VEHICULAR ACCESS RIGHTS TO RUTLAND ROAD ARE RELEASED o 9 00, AND RELINQUISHED TO THE CITY O_ �- Gam► OF NEWPORT BEACH EXCEPT AT APPROVED LOCATIONS. \'- a o °s tp O —ALL VEHICULAR ACCESS RIGHTS � r TO IRVINE AVENUE ARE RELEASED�0 ° AND RELINQUISHED TO THE CITY \so`sso� �� v' 0 OF NEWPORT BEACH EXCEPT AT Q 0 APPROVED LOCATIONS. "cp_ 9' 9 Loaf 192 J �_ Os M M O O O �cp IMIO IMIO (J �� O- O7 Off„ �\ J U: c3� O o \ �6 O.O' CP. O, O O o 1123 2012—N�. ul- RECORD OF SURVEY CIA CA 645.78' (645.80') <645.85'> -- i N_1\ i $ 595.78' (595.80') <595.85'> - IN, \ i N49°21'11"W 706.90' [706.96'] <706.98'> r� - 0 �I \-P R S 264 \ 38 � o �`,Lc"CD- in Lp ci \ col % �\ Z CA, a 11 1 1\ _P CP LA N8p NN 1 / � I / 4 D Q 0 Z Z / MI Dig CD m WESTCLIFF DRIVE B z 737.05' €736.98'} 684.06' € 684.00' i _ _ r 767.05' €766.98' --' N49°21'18"W 1451.11' €1450.98'} --' F 11-6 z I� ^ CD C-4 0 n W 00 0 ro 00 Ln V o 00 U V W Lq Ln 00 0611) o O Q L0 Lc) ", 00 00 I w W w z o z_ w Q O Z Ld Z > I � co 0 N 1 i� Lq 0 CN 8 0, 30' 50' 0 m 0 z I I � m A /30.00' ' 5 N I� oCL o v Lo cz 0 N W O O o O o O 71 z O �'_ N 00 00 v � ~ 0 \\ T 0 rn <A=14'18'18" A=14° 18' 11 'j R=15.00' R=330.00 L=82.39'> L=82.38' LDv, z2ga 1v 017 Iguz vwyo 0 s o07s LOT 1 GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT NOTES, SURVEYOR'S NOTES, EASEMENT NOTES, SYMBOLS & ABBREVIATIONS & NOTES. SEE SHEET 4-5 FOR EASEMENT DETAIL. 3 RINERS DRIVE soy, STA E�R_i _ 1426 2p 4" 2 _ _ \ �, �'o `s , \ �6 PRC \ n � ��� � � 'moo., � \ p=1418' 11" \ <p=14°18'18" R_330.p0 \` \ R=15.00 L= 38 o � 82. \ 500���0 L=82.39> 3 ,-6R,�5 LOT 1 � DETAIL "A" ` 1\ SCALE: NONE Qo `o .00. �d %Nye 0 Q v 0 ALL VEHICULAR ACCESS RIGHTS TO RUTLAND ROAD ARE RELEASED o 9 00, AND RELINQUISHED TO THE CITY O_ �- Gam► OF NEWPORT BEACH EXCEPT AT APPROVED LOCATIONS. \'- a o °s tp O —ALL VEHICULAR ACCESS RIGHTS � r TO IRVINE AVENUE ARE RELEASED�0 ° AND RELINQUISHED TO THE CITY \so`sso� �� v' 0 OF NEWPORT BEACH EXCEPT AT Q 0 APPROVED LOCATIONS. "cp_ 9' 9 Loaf 192 J �_ Os M M O O O �cp IMIO IMIO (J �� O- O7 Off„ �\ J U: c3� O o \ �6 O.O' CP. O, O O o 1123 2012—N�. ul- RECORD OF SURVEY CIA CA 645.78' (645.80') <645.85'> -- i N_1\ i $ 595.78' (595.80') <595.85'> - IN, \ i N49°21'11"W 706.90' [706.96'] <706.98'> r� - 0 �I \-P R S 264 \ 38 � o �`,Lc"CD- in Lp ci \ col % �\ Z CA, a 11 1 1\ _P CP LA N8p NN 1 / � I / 4 D Q 0 Z Z / MI Dig CD m WESTCLIFF DRIVE B z 737.05' €736.98'} 684.06' € 684.00' i _ _ r 767.05' €766.98' --' N49°21'18"W 1451.11' €1450.98'} --' F 11-6 SHEET 4 OF 5 SHEETS (ALL OF VESTING TENTATIVE TRACT NO. 18135) 1 NUMBERED LOT GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES NT 2017-005 TRACT NO. 18135 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES DANE P. MCDOUGALL L.S. 9297 CONSULTING, INC. EASEMENT DETAIL DATE OF SURVEY: AUGUST, 2017 SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT NOTES, SURVEYOR'S NOTES, EASEMENT NOTES, SYMBOLS & ABBREVIATIONS & NOTES. SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT AND LOT DETAIL. DETAIL "B" SCALE: NONE 11-7 SHEET 5 OF 5 SHEETS (ALL OF VESTING TENTATIVE TRACT NO. 18135) 1 NUMBERED LOT GROSS AREA: 6.660 ACRES NET AREA: 5.767 ACRES NT 2017-005 F - TRACT NO. 18135 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES DANE P. MCDOUGALL L.S. 9297 CONSULTING, INC. EASEMENT DETAIL DATE OF SURVEY: AUGUST, 2017 SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT NOTES, SURVEYOR'S NOTES, EASEMENT NOTES, SYMBOLS & ABBREVIATIONS & NOTES. SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT AND LOT DETAIL. _t MI o LOT 1 CD L2��Z rn o B �0=90°00'00' -----� R=15.00' L=23.56' I DETAIL "C" SCALE: NONE 11-8 LINE # BEARING LENGTH L1 N66°01'59"W 11.60' L2 N49°19'08"W 5.00' L3 N40°39'04"E 14.70' L4 N49°20'56"W 22.56' L5 N40°39'04"E 4.05' L6 N49°20'56"W 36.63' L7 N66°01'59"W 2.62' L8 N23°58'01 "E 12.00' _t MI o LOT 1 CD L2��Z rn o B �0=90°00'00' -----� R=15.00' L=23.56' I DETAIL "C" SCALE: NONE 11-8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND SHEA HOMES LIMITED PARTNERSHIP FOR TRACT NO. 18135 THIS AGREEMENT ("Agreement") is entered into this 28th day of January, 2020 by and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city of the State of California, hereinafter referred to as "CITY," and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, hereafter 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 make certain private and public improvements, and is about to file with CITY a map of the tract of land known as Tract No. 18135 ("Tract"); WHEREAS, as a condition of the approval of and prior to the recordation of this subdivision map for the Tract, SUBDIVIDER is required to complete construction and reconstruction of public and private streets, curb and gutter, sidewalk, driveway repair and reconstruction, storm drains, and utilities including sewer and water (collectively, "Improvements") as shown on public improvement plans for Tract 18135 by dated , 2020 ("fmprovement Plans"), and to perform certain other improvements in the subdivision; and WHEREAS, 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, and subdivision monumentation, as required by Sections 66499 and 66499.3 of the California Government Code, and Section 19.36.030 Improvement Security (66499 et seq.) of the CITY's municipal code, which is adopted by ordinance of the City Council of CITY. 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, perform, and pay for all of the work for the Improvements as shown on the Improvement Plans for said Tract as required by the conditions of approval of the subdivision map for the Tract ("Map") which are not completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees, or conditions associated with the Tract and with the Improvements as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work for the Improvements ("Work") shall be done and performed in accordance with the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City 11-9 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 Map require an earlier completion date. All labor and material costs and expenses for the Work shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of the Improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete any and all arterial highway improvements, including perimeter sidewalks, medians, and landscaping required by the conditions of approval of the 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 the City Council's acceptance of same. 4. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer are adequate to accomplish the Work as promised herein and as required by the conditions of approval of the Map. If at any time before the City Council accepts the Work as complete or during the one (1) year guarantee period in Section 3 hereof, the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer 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. 5. NO WAIVER BY CITY Inspection of the Work and/or materials for the Improvements, or approval of Work and/or materials for the Improvements, 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 for the Improvements, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement; 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. 6. 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. i. 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 by the CITY. SHEA HOMES LIMITED PARTNERSHIP Page 2 11-10 8. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Newport Beach Zoning and Subdivision Ordinance, provide as security to CITY: PUBLIC WATER A. Faithful Performance: For performance security, in the amount of Four Hundred Sixty Three Thousand Seven Hundred Four Dollars and 001100 ($463,704.00), 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 unsatisfactory performance. B. For Labor and Material: Security in the amount of Four Hundred Sixty Three Thousand Seven Hundred Four Dollars and 001100 ($463,704.00), which is one hundred percent (100%) 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 for the Improvements or to SUBDIVIDER. C. Warranty: Security in the amount of Forty Six Thousand Three Hundred Seventy Dollars and 401100 ($46,370.40), which is ten percent (10%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. SHEA HOMES LIMITED PARTNERSHIP Page 3 PUBLIC STREET IMPROVEMENTS A. Faithful Performance: For performance security, in the amount of One Hundred Ninety Eight Thousand Eight Hundred Eighty One Dollars and 001100 ($198,881.00), 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 unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Ninety Eight Thousand Eight Hundred Eighty One Dollars and 001100 ($198,881.00), which is one hundred percent (100%) 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 for the Improvements or to SUBDIVIDER. C. Warranty: Security in the amount of Nineteen Thousand Eight Hundred Eighty Eight Dollars and 101100 ($19,888.10), which is ten percent (10%) 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 provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. PUBLIC SEWER A. Faithful Performance; For performance security, in the amount of Four Hundred Seventy Seven Thousand Three Hundred Ninety Dollars and 001100 ($477,390.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form SHEA HOMES LIMITED PARTNERSHIP Page 4 11-12 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 unsatisfactory performance. B. For Labor and Material: Security in the amount of Four Hundred Seventy Seven Thousand Three Hundred Ninety Dollars and 001100 ($477,390.00), which is one hundred percent (100%) 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 for the Improvements or to SUBDIVIDER. C. Warranty: Security in the amount of Forty Seven Thousand Seven Hundred Thirty Nine Dollars and 001100 ($47,739.00), which is ten percent (10%) 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 provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. PRIVATE STREET & STORM DRAIN IMPROVEMENTS A. Faithful Performance: For performance security, in the amount of One Million Eight Hundred Eighty One Thousand Two Hundred Eighty Dollars and 001100 ($1,881,280.00), 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 SHEA HOMES LIMITED PARTNERSHIP Page 5 11-13 materials or unsatisfactory performance. B. For Labor and Material: Security in the amount of One Million Eight Hundred Eighty One Thousand Two Hundred Eighty Dollars and 001100 ($1,881,280.00), which is one hundred percent (100%) 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 for the Improvements or to SUBDIVIDER. C. Warranty. Security in the amount of One Hundred Eighty Eight Thousand One Hundred Twenty Eight Dollars and 001100 ($188,128.00), which is ten percent (10%) 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 provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. FINAL MONUMENTATION A. For Subdivision Monumentation: Security in the amount of Six Thousand Dollars and 001100 ($6,000.00), which is one hundred percent (100%) of the estimated cost of this 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 setting of such monuments and guarantees payment to the Engineer or Surveyor for setting such monuments in the Tract, and as a prerequisite to the approval of the final Map. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is approved in advance in writing by 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 Improvements are accepted in writing by CITY. SUBDIVIDER may be required by CITY to provide a substitute security at any time until one (1) year after the Improvements are accepted in writing by CITY. SHEA HOMES LIMITED PARTNERSHIP Page 6 11-14 9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS City and all officers, employees, and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Work or for injury to or death of any person as a result of SUBDIVIDER's performance of the Work required hereunder; or for damage to property from any cause arising from the performance of the Work by SUBDIVIDER, or its subcontractors, or its workers, or anyone employed by either of them. SUBDIVIDER shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions, or from any cause arising from SUBDIVIDER's performance of the Work, performance of the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier providing materials for the Work on behalf of the SUBDIVIDER. To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards, committees and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement by or on behalf of SUBDIVIDER, any Work performed for the Improvements including, without limitation, defects in workmanship or materials or SUBDIVIDER's presence or activities conducted on the Work (including the negligent and/or willful acts, errors and/or omissions of SUBDIVIDER, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all Claims 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. SUBDIVIDER shall perform all Work in a mannerto minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. SUBDIVIDER shall be liable for any private or public property damaged during the performance of the Work by SUBDIVIDER or its agents. In addition to the other rights of City hereunder, in the event that any Claims are brought against the CITY as a result of SUBDIVIDER'S breach of the terms and conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as SHEA HOMES LIMITED PARTNERSHIP Page 7 11-15 a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it deems necessary and to the extent authorized by law, may retain any security under Section 8 of this Agreement until disposition of any such Claims. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INSURANCE Any insurance required by the City pursuant to any permit issued to City including but not limited to, any encroachment permits, shall be obtained by SUBDIVIDER. The requirement for carrying the insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in Section 9 of 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 prompt and timely manner, the premium on all insurance hereinabove required. 11. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the Work within the time specified in this Agreement, or any 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. In such event, the CITY may utilize the security provided under Section 8 to cover costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) for the Work. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including subdividers, in the event CITY proceeds to complete and/or maintain the Work. Once action is taken by CITY to complete or maintain the Work, in the event that City does not elect to use the security provided by SUBDIVIDER for the Improvements or does elect to use such security and such security is insufficient for City to complete or maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the Work. 12. RECORD MAP In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and record the final Map for the Tract. 13. 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, SHEA HOMES LIMITED PARTNERSHIP Page 8 11-16 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: City of Newport Beach Attn: Director of Public Works 100 Civic Center Drive Newport Beach, CA 92660 TO SUBDIVIDER: SHEA HOMES LIMITED PARTNERSHIP Attn: John Thomas, Community Development Manager 2 Ada, Suite 200 Irvine, CA 92618 14. 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. 15. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 16. CITY APPROVALS The City Manager of the City of Newport Beach is hereby authorized, on behalf of the CITY, to sign all documents necessary and appropriate to carry out and implement this Agreement and to administer the CITY's obligations, responsibilities and duties to be performed under this Agreement. 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, 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. SHEA HOMES LIMITED PARTNERSHIP Page 9 11-17 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Newport Beach City Charter Section 602, 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. NO ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. SIGNATORIES Each undersigned represents and warrants that its signature herein below 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 SHEA HOMES LIMITED PARTNERSHIP Page 10 11-18 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. [SIGNATURES ON NEXT PAGE] SHEA HOMES LIMITED PARTNERSHIP Page 11 11-19 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. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp W ? City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By.- Will y: Will O'Neill Mayor SUBDIVIDER: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership Date: 2. B qJ hn C. Danvers Assistant Secretary Date: 13 SHEA HOMES LIMITED PARTNERSHIP Page 12 11-20 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 }ss. On 20 before me, Notary Public, personally appeared 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 signatures(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 ACKNOWLEDGMENT A notary public r other officer completing this certificate verifies onl a identity of the individual who signed the document to hich this certificate is attached, and not the truthfuIne accuracy, or validity of that document. State of California County of I ss. On 20 fore Notary Public, personally appeared proved to me on the basis of satisfactorevid subscribed to the within instrument and k. 5on hislherltheir authorized capacity(ies), and ll person(s), or the entity upon behalf of which the I certify under PENALTY OF PERJURY under the I paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 4o be the erson(s) whose name(s) is/are to me that he helthev executed the same in )erltheir signaturb s) on the instrument the ,$) acted, executed t instrument. ;4 e -Sate of California at the foregoing (seal) SHEA HOMES LIMITED PARTNERSHIP Page 13 11-21 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 February b, 2020 before me, Beth Ann Hutchinson (insert name and title of the officer) personally appeared ----------- John C, Danvers & John Vander Velde 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.BETH ANN HUTCHINSON y �.•i'\R'f Notary Public - California z Orange County p Commission � 2233245 4My Comm. Expires Mar 20,ZOZZ Signatur (Seal) 11-22 Bond No. 0229155 Premium $ 1,111.10 FAITHFUL PERFORMANCE, BOND KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as Obligee, in the sum of one hundred ninety eight thousand and ei ht hundred eighty eight dollars ($198,881), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into an Agreement with said obligee, dated , in which said Principal agrees to construct certain designated public improvements indentified as PUBLIC STREET IMPROVEMENTS, is hereby referred to and made a part hereof, located at TRACT 18135, and said Principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants, conditions and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, and shall Indemnity and hold harmless the Obligee, its officers, agents and employees, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified, Surety agrees to pay reasonable costs, expenses and fees, including attorneys' fees incurred by the Obligee in successfully enforcing such obligation. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in no way affect its obligations under this bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the work, or to the specifications, IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 17111 day of December 2019 SHEA HOMES LIMITED PARTNERSHIP, BERKLEY INSURANCE COMPANY A CALIFORNIA (Principal} LIMITED PARTNERSHIP (Surety) BY: See Attached Signature Block 4 �/9 e By;(2 +�'_ Edward C, Spector , Attorney -in -Fact Bond Number: 0227655 IEA HOMES LIMITED PARTNER NIP, a Callfornla limited pa pet file By; — Name: Title: John Thomas Authorized Agent By: Name; Brooke Doi Title., Authorized Agent 11-24 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2419 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi -----------------------------a 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. ,ra.oFr BONNIEMACEWAN-CAMPBiLL Notary Public . Cadfornia Orange County j Commission # 2239892 1e" r My Comm. Expires May 24, 2027 Signature ` �ty �. �� (Seal) 11-25 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countb f, Los Angeles - _, 7 9 On before me, Mcghan Hanes, Notary_Public, personally appeared Edward Q. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/ar-e subscribed to the within instrument and acknowledged to me that helshe4hey executed the same in his/her authorized capacity4w,), and that by his/her4hei signature(s) 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. ., .. MEGHAN HANES Y , COMM. #2280722 z WITNESS my hand and official seal. Y-• T Notary Public CaliSornia o Los Angeles Country j g My Gomm. Expires Mar, 12, 20231 Sig nater � 7 'tof Notary Public 11-26 No. BI-7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. - KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted : and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. 0 �; Spector, Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini; Rosa E. Rivas, or Meghan Hanes of Aon Risk .Insurance Services West, Inc, of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and tu, all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (LJ.S.$50,000,000A0), to the same extent as if such bonds had been duly executed and v acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following . �2 _° resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: CU 0 o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the a� o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the a manner and to the extent therein stated; and further n C5 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and O further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or G other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as othough manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any -d person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 0 a IN WITNESS WHEREOF, the Com�,Tvany has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thisrt+day of {jht� . Attest: Be*Insurance Compaa(Seal) $y$y Ir ederman fter Executive Vice President & Secretary resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERK-LEY" SECURITY PAPER.. o STATE OF CONNECTICUT) ss; COUNTY OF FAIRFIELD Y ) ri Cd Sworn to before me, a Notary Public in the State of Connecticut, this day of (� , by Ira S. Lederman T and Jeffrey M. liafter who are sworn to me to be the Execcutive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company. M4NOTARYuPUN Z o CONNECTICUT , MY COMMISSION EXPIRE$ z APRIL 30, 2024 otary ,Public, State of Connecticut a, CERTIFICATE Q v I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 true, correct and complete copy of the original Power of Attorney; that said Power of Atto y has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who execwed the bond Cdr un ch this Power of Attorney is attached, is in full force and effect as of this date. Q Given under my hand and seal of the Company, this ._ day of kc (Seal) 11-27 LABOR AND MATERIAL BOND Bond Number: 0227655 Premium: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as_Obligee, in the sum of one hundred ninety eight thousand and eight hundred eighty eight dollars ($198,881), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successor's, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, said Principal has entered into an agreement with said Obligee dated , 20_, in which said principal agrees to construct certain designated public improvements, identified as PUBLIC STREET IMPROVEMENTS, is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, the Principal is required to file a good and sufficient payment bond with the Obligee to secure the claims to which reference Is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to In Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of one hundred ninety eight .thousand and eight hundred eighty eight dollars ($198,881), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by.the Obligee in successfully enforcing this 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 inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on'Zth day 2019. of December SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) BY: See Attached Signature Block .. BERKLEY INSURANCE COMPANY (Surety) /ry 6. r� Edward C, Spector , Attorney -in -Fact 11-28 Bond Number: 0227655 HEA HOMES LIMITED PARTt ER IP, a Callfbrnla 11m d pgdnerghl By. - Name: Title: John Thomas Authorized Agent By: j:: Name; Brooke Doi Title: Authorized Agent 11-29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi ----------------------------10 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- ,Sf�`,°.;rF SONNlEAACEWAN•CAMPSELi. Notary Pubiic - California Orange County Commission N 2239892 My Comm. Expires May 24, 2022 Signature -� c" c� ��v Seal) 11-30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DEC:1 7 203 before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person{} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/4hey executed the same in hislherlthei authorized capacity(ies), and that by hist 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. fNEGHRN HAKES COMM, #2280722 Notar n i Y POMC • California ;5 _o µ Los Angeles County M Comm, Ex lres Mar, 12, 2023 Signatur Si n ure of Notary Public 11-31 No. 13I -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. a� KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly CZ organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Cd ai 2 :'E Samantha Fazzini; Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and S lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and u all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and co E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. G � d, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, L without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20I0: 0 o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein v to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ° attorney-in-fact and revoke any power of attorney previously granted; and further w RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further Ell RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further R'E RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or E other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as :. though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any v° E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. Y G ° IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 111jayof 204F D t`L Attest: Berkl Insurance Company 6 (Seal) By By h ° IrA. tede6an JSeLq1after Executive Vice President & Secretary e resident R WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PA-PER- E APERo STATE OF CONNECTICUT) N p ) ss. COUNTY OF FAIRFIELD T4 Sworn to before me, a Notary Public in the State of Connecticut, this day of Cit , by Ira S. Lederman T and Jeffrey M. Rafter who are sworn to me to be the Executive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company_ "NOTARY PLJB[ IC /J p CONNECTICUT + MyCOMM ISSION EXPIRES ZU APRT 30.2024 otary Public, State of Connecticut rc *= CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 true, correct and complete copy of the original Power of Attorney; that said Power of Atto '-bas not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bo=Fo.,,T': Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of (Seal)Vincent P. 11-32 BOND NO.: 0229155M PREMIUM: Included In Performance Bond WARRANTY BOND SHEA HOMES LIMITED PARTNERSHIP, KNOW ALL MEN BY THESE PRESENTS, That we A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and BERKLEY INSURANCE COMPANY , a corporation organized, existing under the laws of the State of DE and duly licensed to do business in the State of CA , as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH , as Obligee to the penal sunt of Nineteen Thousand Eight Hundred Elghly-Eight and 101100 Dollars ($19,888,10) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the oblige requires the Principal to furnish a bond conditioned to guarantee that said improvements shall be free of defects in workmanship and materials which may become apparent for a period of one (1) year following the date of acceptance of the improvements described as follows: PUBLIC STREET IMPROVEMENTS, TRACT 18135 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal 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 said period then this obligation shall be void, otherwise to remain in full force and effect. SIGNED AND SEALED This 17th day of December 2019 SHEA HOMES LIMITED PARTNERSHIP, (Princi Pal)A CALIFORNIA LIMITED PARTNERSHIP By See Attached Signature Block BERKLEY INSURANCE COMPANY (Surety) '�1 By Edward C. Spector , Attorney -in -Fact 11-33 Bond Number: 0227655 SHEA HOMES LIMITED PARTNER8HIP, a Callfornia limited pp�nerahlp By: Name: Title: John Thomas ,uthorized Agent By:a Name; Brooke Doi Title: Authorized Agent 11-34 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared - ------ John Thomas and Brooke Doi -----------------------------a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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. t.toFrF BONNIEMACEWAN•CAMPBELL Notary Public . California Z orange County f Commission # 2239892 My Comm. Expires May 24, 2022 Signature's 1,+ - (Seal) 11-35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles OnOrr before me, Meghan Hanes, Notary Public, personally appeared Ldwar C. S or who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his,Lhef their authorized capacity(ies), and that by his he- i signature(-} on the instrument the person(s), or the entity upon behalf of which the person{ -s} acted, executed the instrument. MEGHAN HANES ' COMM. #2280722 z r1J a Notary Public • California o s Los Angeles County -� My Comm. Expires Mar, 12, 2023 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 Signature o otary Public 11-36 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. d KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the Iaws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. VSpector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and -0 all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and F acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. G � This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: a� RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief a Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein 3 to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 00 c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 'v or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the ti manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and ° m further ° RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or F other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any °o E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. Y ti 2 IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its ° corporate seal hereunto affixed this fir}day of Attest: JBerkleInsurance Company cz(Seal) BY lr ederman fter CExecutive Vice President & Secretary resident o WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. v Q. o STATE OF CONNECTICUT) o ) ss: COUNTY OF FAIRFIELD ) T4 Sworn to before me, a Notary Public in the State of Connecticut, this day of (� , by Ira S. Lederman T and Jeffrey M. Rafter who are sworn to me to be the Executive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company. MaNOTARYPURIAC o CONNECTICUT y MY COMMISSION EXPIRES zAPHIL30.2024 otary Public, State of Connecticut CERTIFICATE d 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 E true, correct and complete copy of the original Power of Attorney; that said Power of Atte y' has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond r g ] 'ch this Power of Attorney is attached, is in full force and effect as of this date. y Given under my hand and seal of the Company, this day of Jti (Seal) 11-37 Bond No. 0227654 Premium $ 2,782.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, .as Obligee,, in the sum of four hundred thousand sixty three thousand seven hundred four dollars ($463 ,70 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into an Agreement with said Obligee, dated , in which said Principal agrees to construct certain designated public improvements indentified as PUBLIC WATER, is hereby referred to and made a part hereof, located at TRACT 18135, and said Principal is required under the terms of said agreement to furnish'a bond for the faithful performance of said agreement. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants, conditions and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, and shall indemnity and hold harmless the Obligee, its officers, agents and employees, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified, Surety agrees to pay reasonable costs, expenses and fees, including attorneys' fees incurred by the Obligee in successfully enforcing such obligation. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in no way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 17th day of December 2019 SHEA HOMES LIMITED PARTNERSHIP, BERKLEY INSURANCE COMPANY A C LIFOpR lA LIMITED PARTNERSHIP (Surety) Pr nci a) y) By: See attached cllent signature block By:ae�:77 Edward C. Spector , Attorney -in -Fact 11 Bond Number: 0227654 HEA HOMES a California 11m By, — Narne: Tltle: LIMITED P RTNER IP, fed drshlp John Thomas Authorized Agent By; Name; Brooke Doi Title: Authorized Agent 11-39 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi -----------------------------0 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 hislherltheir 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.*MY BONNIE MACEWAN•CAMPBELL Notary Public - California Orange County Commission # 2239892 Comm. Expires May 24, 2022 Signature (Seal) 11-40 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles _ On .. j before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/tee subscribed to the within instrument and acknowledged to me that heP,he4hey--executed the same in his4ier/theiauthorized capacity(ies), and that by his/her 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. _�_ I MEGHAN HAKES ��/� T COMM,2280722 Notaryy Public -Cali€ornla ;u Los Angeles County 2 Signature ��., �� G°mom Expires Mar 1 Sigr Ore of Notary Public 11-41 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. PIease review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly Cd Cd organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted q x and appointed, and does by these presents make, constitute and appoint: Thomas S Branigan; Ashraf Elmasry; Edward C. Spector; Simone Gerhard; Tracy C Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; a Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and cu Cd .a lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a U a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the Iaws of the State of Delaware, > 2 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following To resolutions which were duly and validly adopted at a meeting of the Berard of Directors of the Company held on January 25, 2010: 0 o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such �, attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and ° cn further " 'C RESOLVED that the signature, gnature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as o' though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its 44 affixed corporate seal hereunto axed this Tt#day of JUNje7 (� Attest: Berk] Insurance Company o -o (Seal) By By IT 4ederman Je after Executive Vice President & Secretary Se i e resident 0 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER - 0 STATE OF CONNECTICUT) N ) ss: COUNTY OF FAIRFIELD Z ) 14 Sworn to before me, a Notary Public in the State of Connecticut, thisit day of G� UL by Ira S. Lederman cand Jeffrey M. Hafter who are sworn to me to be the Executive Vice President Secretary, and -tSenior Vice President, Q respectively, of Berkley Insurance Company, fAAPI A PUBLUNnRAc� 1 CONNECTICUT MY COMMISSION EXPIRES Z U APHIL 30.2024 otary Public, State of Connecticut 7� CERTIFICATE v I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY_ CERTIFY that the foregoing is a 3 true, correct and complete copy of the original Power of Attorney; that said Power of Atto has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond r un hich this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day o (Seal) Vince t�P, Fort 11-42 LABOR AND MATERIAL BOND Bond Number: 0227654 Premium: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS; That we, SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as_Obligee, in the sum of four hundred thousand sixty three thousand seven hundred four dollars ($463,704), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, said Principal has entered into an agreement with said Obligee dated , 20_, in which said principal agrees to construct certain designated public improvements, identified as PUBLIC WATER, is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, the Principal is required to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made In Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of four hundred thousand sixty three thousand seven hundred four dollars ($463,704), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing this 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 inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise It shall be and remain in full force and effect, The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, oni7thdau 20 is Of December SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) By. See attached client signature block BERKLEY INSURANCE COMPANY (Surety) By. Edward C. Spector , Attorney -in -Fact 11-431 Bond Number: 0227654 SHEA HOMES LIMITED PARTNERWIP, a California limiteA par(nershi 3-11 Narne: John Thomas Title: Authorized Agent By, Name; Brooke Dei Title: Authorized Agent 11-44 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2419 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi----------------------------im 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 hislherltheir 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. BONNEMACEZN-CAMPBELL Notary Public • California 4�.,. orange County g r Commission 9 2239892 My Comm. Expires May 24, 2422 Signature �(`—� `�i=�c��� (Seal) 11-45 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On ®EC 1 101y before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hcAhe/they executed the same in his/hof/4heir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. MEGHAN HANES r COMM. #2280722 z �. Notary Public - CaWornia o z e d Los Angeles County M Comm. Ex ires Mar, 12 2023 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 Sign tu of Nota Public 11-46 No. BI -7951c POWER OF ATTORNEY 13ERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. ° KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted x and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; L Samantha Fazuni; Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/1.00 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and 4 E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. G a� This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, y without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: o c RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief cjExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 0 o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such Z attorney-in-fact and revoke any power of attorney previously granted; and further Fy RESOLVED, that such power of attorney Iimits the acts of those named therein to the bonds, undertakings, recognizances, W or other suretyship obligations specifically named therein., and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and o nen further ¢ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any d person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have yceased to be such at the time when such instruments shall be issued. to IN WITNESS WHEREOF, the Corn any has caused these presents to be signed and attested by its appropriate officers and its ° corporate seal hereunto affixed thisr�day of Un[C . Attest: Berkl insurance Company [ 6 (Seal) By By ° Ir ederman Je after t3 0 Executive Vice President & Secretary ,Sc i e resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. „ o STATE OF CONNECTICUT) o ) ss: ° COUNTY OF FAIRFIELD T4 h' p c Sworn to before me, a Notary Public in the State of Connecticut, this day of W1 "i , by Ira S. Lederman Z and Jeffrey M. Itafter who are sworn to me to be the Executive Vice President Secretary, and tN Senior Vice President, respectively, of Berkley Insurance Company. MARri AC RUNnROTARY PURIAC� 2 CONNECTICUT ZMYC NIMAPHE0,2 24ION EXPIRES otary public, State of Connecticut CERTIFICATE .0 5 I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 L true, correct and complete copy of the original Power of Attorney; that said Power of Atto y` honotbeen revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond r unhick this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of - (Seal) (1 t 11-47 BOND NO.: 0227654M PREMIUM: included in the performance bond WARRANTY BOND SHEA HOMES LIMITED PARTNERSHIP, KNOW ALL MEN BY THESE PRESENTS, That we A CALIFORNIA LIMITED PARTNERSHIP as Principal, and BERKLEY INSURANCE COMPANY a corporation organized, existing under the laws of the State of DE and duly licensed to do business in the State of CA , as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH , as Obligee In the penal SUM of Forty -Six Thousand Three Hundred Seventy and A01700 Dollars ($46,370.40) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the oblige requires the Principal to furnish a bond conditioned to guarantee that said improvements shall be free of defects in workmanship and materials which may become apparent for a period of one (1) year following the date of acceptance of the improvements described as follows: PUBLIC WATER, TRACT 18135 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal 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 said period then this obligation shall be void, otherwise to remain in full force and effect. SIGNED AND SEALED This 97th day of December , 2019 aSHEA HOMES LIMITED PARTNERSHIP, (Principal) ) A CALIFORNIA LIMITED PARTNERSHIP By See attached signature block BERKLEY INSURANCE COMPANY (Surety) By � Edward C, Spector , Attorney -in -Fact 11-48 Bond Number: 0227654 HEA HOMES LIMITED PARTI ER HIP, a Callfornla limped dnershlp By, — Dame: Title: ,John Thomas Authorized Agent By, Name; Brooke Doi Tile; Authorized Agent 11-49 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi -----------------------------a 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 BONNIE MA"AN-CAMPBELL Notary Pubk - California Orange County F Commission # 2239892 My Comm. Expires May 24, 2022 (Seal) 11-50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On BEC_ 17 2011 before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his'i�ei authorized capacity(ies), and that by his'"�ei signature(s) on the instrument the person(s), or the entity upon behalf of which the person( -s) acted, executed the instrument. MEGNAN NANES COMM. #2280722 z ce(.9 Notary Public CaliforniaLos Angeles County M Comm. Expires Mar. 12, 2023 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 Signatur f Notary Public 11-51 No. BI-7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. 71 KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly Cd G organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C �; Spector, Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; a Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and ail Cd c lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. c � This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o 2 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following v resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company hold on January 25, 2010: E o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein 3 to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o� corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further p RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and o further ' RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have •P b ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Corn any has caused these presents to be signed and attested by its appropriate officers and its a corporate seal hereunto affixed this lYt}day of aurqc, 0 7 Attest: JBerklInsurance Company (Seal) B'v Y Ir ederman after EExecutive Vice President & Secretary `,Se i e resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER o STATE OF CONNECTICUT) o ) ss: � v COUNTY OF FAIRFIELD T4 Sworn to before me, a Notary Public in the State of Connecticut, this day of C� r3� , by Tra S. Lederman T and Jeffrey M. Hafter who are sworn to me to be the Executive Vice Pr;otary xPublic, etary, and t Senior Vice President C respectively, of Berkley Insurance Company. MARIA C RUNDRARY PURIAc� ! o CONNECTICUT C<< MY COMMIWON EXPIRES APHTaO.2024 State of Connecticut CERTIFICATE Q I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Atto � has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond r un g r legis Power of Attorney is attached, is in full force and effect as of this date. -�- Given under my hand and seal of the Company, this day of 1 (Seal) C-7• � ,i!LLI 11 � 11-52 Bond No. 0227653 Premium $2,864,00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA- LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as Obligee, in the sum of four hundred seventy seven thousand three hundred ninety dollars ($477,390), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into an Agreement with said Obligee, dated , in which said Principal agrees to construct certain designated public improvements indentified as PUBLIC SEWER, is hereby referred to and made a part hereof, located at TRACT 18135, and said Principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, if the said Principal shall well and truly.do and perform all the covenants, conditions and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, and shall Indemnity and hold harmless the Obligee, its officers, agents and employees, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified, Surety agrees to pay reasonable costs, expenses and fees, including attorneys' fees incurred by the Obligee in successfully enforcing such obligation. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in no way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the work, or to the specifications, IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 171h day of December 20.19 SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) By: See attached client signature block BERKLEY INSURANCE COMPANY (Surety) By:.. V-7�� Edward C. Spector , Attorney -in -Fact Bond Number: 0227653 HEA HOMES LIMITED PART ER HP a Callfbm1a 1ted ponersfilp 0 r nualt// John Thomas Title: Authorized Agent By: Name' Brooke Doi Thlebt Authorized Agent 11-54 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi -----------------------------a 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 helshelthey 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.*My BONNIEMACEWAN-CAMPBELL Notary Public - California Orange CountyCommission ft 2239892 Comm. Expires May 24, 2022 Signature <C�- ;- ~�� �`� Seal 11-55 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 truthfillness, accuracy, or validity of that document. State of California County of _ Los Angeles On i 9 before me, Me han Hanes Notaly Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( whose name(s) islafe subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his4ieE4heir authorized capacity(ies), and that by his/her-/khei� signature(s) on the instrument the person(o, 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. A MEGHAN r ' COMM.#2 807 22 Z Signatureul O v4 o Notary Public - California o Los Angeles County Signat of Notary Public 4 y t M Comm, Ex ires Mar. 12, 2023 11-56 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. PIease review carefuIIy. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted o and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. ' �, Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and .G lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and J, all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed A Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and P. acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. -�, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, .o without giving effect to the principles of conflicts of Iaws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: 0 RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, �- or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and R °-0 further Q RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as othough manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any W person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have a ceased to be such at the time when such instruments shall be issued. a IN WITNESS WHEREOF the Com anhas caused these resents to be signed Y p fined and attested by its appropriate officers and its y corporate seal hereunto affixed this t" ay of f4� p , Attest: Be*ie Company o, (Seal) BY ByIr ederman fter Executive Vice President & Secretary resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER 0 � STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) a A Sworn to before me, a Notary Public in the State of Connecticut, this ilK day of 6' , by Ira S. Lederman and Jeffrey M. Matter who are sworn to me to be the Executive Vice PrmotaryPliblic, tary, and t Senior Vice President G respectively, of Berkley Insurance Company. 0"110NOTARuNnR c� I 2 CONNECTICUT MY COMMISSION EXPIRES APRT 30, 2024 ate of Connecticut �7 CERTIFICATE d I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY_ CERTIFY that the foregoing is a �i 5 true, correct and complete copy of the original Power of Attorney; that said Power of Atto y has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who execu*ed the bond r un hich this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of (Seal)IA/ 1_ 11-57 Bond Number: 0227653 LABOR AND MATERIAL BOND Premium; Included In Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as Obligee, in the sum of four hundred seventy seven thousand three hundred ninety dollars ($477,390), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, said Principal has entered into an agreement with said Obiigee dated , 20_, in which said principal agrees to construct certain designated public improvements, identified as PUBLIC SEWER, Is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, the Principal is required to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obllgee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of four hundred seventy seven thousand three hundred ninety dollars ($477,390), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same In an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall In any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition, In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on 17th Day209. Of December SHEA HOMES LIMITED PARTNERSHIP, A CALIFO IA LIMITED PARTNERSHIP (Principal By -,See attached client signature block BERKLEY INSURANCE COMPANY (Surety) aQ � Edward C. Spector , Attorney -in. -Fact. 11-58 Bond Number: 0227653 SHEA HOMES LIMITED PARTNER$HlPo a. CallforniaJIMited padnershl 11W111V-. John Thomas Title: Authorized Agent By. Nam: Brooke Doi Title; Authorized Agent 11-59 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi -----------------------------a 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., �,„ BONNIE MACEWAN-CAMPBELL Notary Public - California - \ � "S-' =r- Orange County Commission # 2239892 ""°`" MMay 24, 2022 y Comm. Expires Signature �s�.-�z�� -. (Seal) 11-60 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she key executed the same in his'"r� 'moi= authorized capacity(eo, and that by hist signature(s) on the instrument the personfs), or the entity upon behalf of which the person(s) acted, executed the instrument. V MEGNAN HANES CQW #2280722 zaNotary Public - Calitornia Los Angeles County ° My Comm, Px ires Mar, 12, 2023 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. ufi/w�ul�� Sig nature Sin ure of Notary Public 11-61 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. — Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez, Donna Garcia; Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and _ lawfuI Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/1.00 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following . aresolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: , E o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief CJ Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the .a corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and ° further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any °° person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 0 IN WITNESS WHEREOF, the Com any has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27' day of I)KLr ;LW Attest: Berk] Insurance Company o(seal) BY By (n Ira 5. ederman lie*.after -0 Executive Vice President & Secretary ,resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. E STATE OF CONNECTICUT) o } ss: COUNTY OF FAIRFIELD T4 al Sworn to before me, a Notary Public in the State of Connecticut, this day of i �i� , by Ira S. Lederman and Jeffrey M. Rafter who are swom to me to be the Executive Vice President Secretary, and tA Senior Vice President, respectively, of Berkley Insurance Company. MART CRUN AcE" o CONNECTICUT MYCOMMISSION EXPIRES zAPHIL30, 2024 Aotiry Public, State of Connecticut CERTIFICATE d I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 true, correct and complete copy of the original Power of Attorney; that said Power of Atto y' has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond run g hich this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this ___ day of �-ntp. (Seal)VincFort 11-62 BOND NO.: 0227653M PREMIUM; Included In the performance bond SHEA HOMES LIMITED PARTNERSHIP, KNOW ALL MEN BY THESE PRESENTS, That we A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and BERKLEY INSURANCE COMPANY , a corporation organized, existing under the laws of the State of DE and duly licensed to do business in the State of CA , as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH Forty-Sovon Thousand Seven Hundred as Obligee in the penal sum of Thlrly-Nina and 001100 Dollars ($47,739,00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the oblige requires the Principal to furnish a bond conditioned to guarantee that said improvements shall be free of defects in workmanship and materials which may become apparent for a period of one (1) year following the date of acceptance of the improvements described as follows: PUBLIC SEWER, TRACT 18135 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal 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 said period then this obligation shall be void, otherwise to remain in full force and effect, SIGNED AND SEALED This 17th day of December 20 19 , SHEA HOMES LIMITED PARTNERSHIP, (Principal) A CALIFORNIA LIMITED PARTNERSHIP By See attached signature block BERKLEY INSURANCE COMPANY (Surety) By Edward C. Spector, Attorney -in -Fact 11-63 Bond Number: 0227653 HEA HOMES LIMITED PA TNERWIP, a. Callfornia limite adner 1 1p By; Name: hn Thomas Title: Authorized Agent By: Name: Brooke Doi Tide. Authorized Agent 11-64 F-1161 FA 21 161Ti1IR 4 1111D M 140: k A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi ----------------------------10 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.a BONNIE MACEWAN•CAMPBEI_I. Notary Public •California z 4 ` Orange County - -.. Cammission # 2239892 My Comm. Expires May 24, 2022 Signature N'���, uc�—� "' �• (Seal) 11-65 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the persons whose name{} is/tee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his'her/4hei authorized capacity(ies), and that by his l4heir signatures) on the instrument the person{, or the entity upon behalf of which the person(s) acted, executed the instrument. icoram GHAN MANES M, #2280722 Public - California ongeles CountyExpires Mar, 12, 2023 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 11-66 b Cd C M a� En U E 4 v o � 0 a� 4A E c o � � u w o o � ¢, o F� Cd o en .14 Cc w � CL. r- 'O � a p O O u 0 r- 7i 41 o W i+ 0 a a 2 N 1U.— � � o a� o � � v m a C � d z� 1J U No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry, Edward C. Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini; Rosa E. Rivas; or Meghan Hanes ofAon Risk Insurance Services West, Inc. ofLos Angeles, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this �t;day of 3014C . Attest: Berkl Insurance Company (Seal) By By lti Ir ederman Je after Executive Vice President & Secretary 'Se i e resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER- STATE APER STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) --L��ri .f pQ Sworn to before me, a Notary Public in the State of Connecticut, this L day of l3 , SO� �F , by Ira S. Lederman and Jeffrey M. 11after who are sworn to me to be the: Executive Vice President/40f Secretary, and tA Senior Vice President, respectively, of Berkley Insurance Company. MARIA CRU eRil IGS CONNECTICUT C� MY COMMISSION EXPIRES APRIL 30, 2024 Aotary Public, State of Connecticut CERTIFIGiCATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COk,IPANY, DO HEREBY_ CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of AttorqeyZ has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who ex:eco-ad the bond r un g hich this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this ___ iay of _ (Seal) 0 11-67 Bond No. 0229158 Premium $11,288.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, asObl�e, In the sum of one milliog eight hundred eighty, one thousand two hundred elhtu dollars ($1..881.280), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, Jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into an Agreement with said Obllgee, dated , in which said Principal agrees to construct certain designated public improvements indentified as PRIVATE _STREET _& STORM DRAIN IMPROVEMENTS, is hereby referred to and made a part hereof, located at TRACT 18135, and said Principal is required under the terms of said agreement to furnlsh a bond for the faithful performance of said agreement. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants, conditions and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, and shall indemnity and hold harmless the Obligee, its officers, agents and employees, then this obligation shall be null and void, otherwise,- it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified, Surety agrees to pay reasonable costs, expenses and fees, including attorneys' fees Incurred by the Obligee in successfully enforcing such obligation. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in no way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the worm, or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 17th day of December 2019 , SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) By: See attached signature block BERKLEY INSURANCE COMPANY (Surety) By: ( f4i� Edward C. Spector , Attorney -in -Fact 11-68 Bond Number: 0227658 HEA HOMES LIMITED PARTNERSHIP, ERSHIP, a Callfornia limito partnershI By: Na 1w; J -- ohn Thomas Title: Authorized Agent By: Name; Bmoke Doi Tltleo, Authorized Agent 11-69 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi ----------------------------In who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWAN-CAMPBELL Notary Public California Z {J Orange County a R�• , Commission F 24,2 a �My Comm. Expiress Mdy May 24, Signature _ (Seal) 11-70 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 r41 Los Angeles 17 10.19 On before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector 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 hemexecuted the same in his/her ihei authorized capacity, and that by hist signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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 Signat e Notary Public 11-71 N+EGHAN HANES COMM. #2280722 z Notary Public X California tom=' My Los Angeles County ° Comm, Ex fres Mar, 12DP3 1 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 Signat e Notary Public 11-71 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly 03 03 organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted c and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry, Edward C. aj Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; IleAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; F Samantha Fazzini; Rosa E. Rivas, or Meghan Hanes of Aon Risk .Insurance Services West, .Inc. of Los Angeles, CA its true and - lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed �? V Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. C' This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o V- without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following .�n o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: a 0 o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant a Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein v to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the a.a corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further " RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the a manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as o' though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. c IN WITNESS WHEREOF, the Com any has caused these presents to be signed and attested by its appropriate officers and its Vq U corporate seal hereunto affixed this j �Fday of t11�E ; D (Q ro cu Attest: Berk] Insurance Company ov (Seal) By By ti Ir ederman Je after 0 Executive Vice President & Secretary Se i e resident E WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. Q 0 o S'T'ATE OF CONNECTICUT) o ) ss: COUNTY OF FAIRFIELD } Sworn to before me, a Notary Public in the State of Connecticut, this day of i� ,0: , by Ira S. Lederman Tand Jeffrey M. 11after who are sworn to me to be the Executive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company. MARIA C RUN naRAK� n I o CONNECTICUTco c, MY COMMISSION EXPIRES Z APHIL 30, 2024 otary Public, State of Connecticut CERTIFICATE d I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY.. DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Atto has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bondVL�bthis Power of Attorney is attached, is in full force and effect as ofthis date.Given under my hand and seal of the Company, this day of (Seal) 11-72 Bond Number: 0227668 LABOR AND MATE' RXAL BOND Premium: Included In Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we, SHEA HOMES LIMITED .PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as_Obligee, in the sum of one million eight hundred ei ht one thousand two hundred eighty dollars ($1,881,2 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, said Principal has entered into an agreement with said Obligee dated , 20_, in which said principal agrees to construct certain designated public improvements, identified as PRIVATE STREET & STORM DRAIN IMPROVEMENTS, is hereby referred to and made a part hereof; and Whereas, under the terms of said agreement, the Principal is required to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of one million eight hundred eighty one thousand two hundred_ eighty_ dollars ($1,881,280), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing this 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 inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on 17th , 2019 . Day of December SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (Principal) By: See attached signature block BERKLEY INSURANCE COMPANY (Surety) By: Edward C. Spector , Attorney -in -f=act 11-73 Bond Number: 0227658 IAEA HOMES LIMITED PART ER IP, a California limited padre fp By: — Name: Title: John Thomas Authorized Agent By: _ Name: Brooke Doi Title: Authorized Agent 11-74 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2419 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi----------------------------� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWAN-LAM?BELL _ Notary Public - California Z Orange County a I Commission 9 2239892 My Comm. Expires May 24, 2022 Signature r� '" � 1` ---(Seal) 11-75 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles DEC. I rI ZOi� On before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person{ whose name(o is/are subscribed to the within instrument and acknowledged to me that he/she,4hey-executed the same in his he authorized capacity0es), and that by his"hers ', 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. M COMM,#HAKES �J _' M, #2280722 z ° _� a Notary Public - C If � Signature Z „ .� y a forma o � q �� Los Angeles County Signayrof Notary Public t4P'° • My COMM. Expires Mar. 12, 2023 11-76 No. BI -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. d KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. .� Spector; Simone Gerhard, Tracy C. Aston; Marina Tapia; KeAna Wapato; BernadetteAleman; April Martinez; Donna Garcia; E Samantha Fazzini, Rosa E. Rivas; or Meghan Hanes of Aon Risk .Insurance Services West, Inc. of Los Angeles, CA its true and .0 lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and _o all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 0011.00 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. o This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, � without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following .�2o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: C 0 o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein E to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the Ao corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the > manner and to the extent therein stated; and further Z aj RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or i~ other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as o a though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WFIE EOF the Company has caused these resents to be signed and attested b its appropriate officers and its Y P � Y � •a corporate seal hereunto affixed this day of Uhf. ; ID i_ y� Attest: ; Berkl Insurance Company o6 (Seal) ByBy Ir ederman Je after Executive Vice President & Secretary 'Se i c resident 0 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER CU o STATE OF CONNECTICUT) N If - ss: r COUNTY OF FAIRFIELD V4 Sworn to before me, a Notary Public in the State of Connecticut, this day of (�� , by Ira S. Lederman and Jeffrey M. Rafter who are sworn to me to be the Executive Vice Pr:otarygate enttary, and t Senior Vice President, respectively, of Berkley Insurance Company. MARIACRYUNMAKEN NOTAI O CONNECTICUT MY COMMISSION EXPIRES Z APHIL30. za24 of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 S true, correct and complete copy of the original Power of Attorney; that said Power of Attoy' has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond r Ian g hich this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of _ (Seal) 11-77 BOND NO.: 0229158M PREMIUM: Included in Performance Band WARRANTY BOND SHEA HOMES LIMITED PARTNERSHIP, KNOW ALL MEN BY THESE PRESENTS, That we A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY a corporation organized, existing under the laws of the State of DE and duly licensed to do business in the State of CA , as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH g p One Hundred Eighty -Eight Thousand Ona Hundred 0188, 128.00) to , as Obli ee in the enal sum of Twenty-E€aht and 0011oo Dollars which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the oblige requires the Principal to furnish a bond conditioned to guarantee that said improvements shall be free of defects in workmanship and materials which may become apparent for a period of one (1) year following the date of acceptance of the improvements described as follows: PRIVATE STREET & STORM DRAIN IMPORTVEMENTS TRACT 18135 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal 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 said period then this obligation shall be void, otherwise to remain in full force and effect. SIGNED AND SEALED This 17th day of Decemeber 20 19 1. SHEA HOMES LIMITED PARTNERSHIP, (Principal) A CALIFORNIA LIMITED PARTNERSHIP By "See attached signature block BERKLEY INSURANCE COMPANY (Surety By�19 Edward C. Spector , Attorney -in -Fact 11-78 Bond Number: 0227658 HEA HOMES LIMITED PARTNER$HIP, a California limited aaNnershlo By: — Name: Tille: John Thomas Authorized Agent By; Name; Brooke Doi Title: Authorized Agent 11-79 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi ____________________________ -a 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. toF>4 BONNI€MACEWWCAMPBIE Notary Public • California a Orange County p0. , Commission # 2239892 My Comm. Expires May 24, 2022 Signature' (Sea!) 11-80 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 Lo eles ®E . I r On before me, Meghan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person{ -s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his'herlthll authorized capacity{}, and that by his"ie4thek signature{} 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 State of California that the foregoing paragraph is true and correct. III EGH,4N MANES COMM,2280722 WITNESS my hand and official seal. R Notary Public - California Las Angeles County o R ` Co Expires Mar, 12 2023 Signature Signa re f Notary Public 11-81 No. 13I -7951c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof, Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. Cd r— .- Spector; Simone Gerhard; Tracy C Aston; Marina Tapia; KeAna Wapato; Bernadette Ateman; April Martinez; Donna Garcia; 2 Samantha Fazzini; Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and r- acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. oThis Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following .T resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: a� o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief R a Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant a Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein 3 ,ry to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further CJ RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recogaizances, 6- or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the > manner and to the extent therein stated; and further Cd RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and o ba further ¢ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any -�° E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have . G ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its CO corporate seat hereunto affixed this l 'day of ukc ; Attest: Berkl Insurance Company (Seal) By 13y ° IrA. ted6nnan Je after Executive Vice President & Secretary 'Se i e resident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER- 0 APER0 � o STATE OF CONNECTICUT) ss: y „ COUNTY OF FAIRFIELD ) 14 ro Sworn to before me, a Notary Public in the State of Connecticut, this day of L( 10t 4 , by Ira S. Lederman T 7 and Jeffrey M. Itafter who are sworn to me to be the Executive Vice President Secretary, and f Senior Vice President, Q respectively, of Bentley Insurance Company. MANoTRY PUBi ICE" I o CONNECTICI➢T - MY COMMISSION EXPIRES z� APHIL30,20Z4 otary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of 13ERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a -5 true, correct and complete copy of the original Power of Attorney; that said Power of Atto eyhas not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond r un g hick this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of - �`� (Seal) Vincent P. Fort 11-82 Bond No. 0229157 Premium $ 10D.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, as Principal, and BERKLEY INSURANCE COMPANY, as Surety are held and firmly bound unto CITY OF NEWPORT BEACH, as Obligee, in the sum of six thousand dollars ($6,000), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDiTION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into an Agreement with said Obligee, dated , in which said Principal agrees to construct certain designated public improvements indentified as FINAL MONUMENTATION, is hereby referred to and made a part hereof, located at TRACT 18136, and said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants, conditions and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, and shall indemnity and hold harmless the Obligee, its officers, agents and employees, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified, Surety agrees to pay reasonable costs, expenses and fees, including attorneys' fees incurred by the Obligee in successfully enforcing such obligation. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in no way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 17th day of December 2019 SHEA HOMES LIMITED PARTNERSHIP, C LIFQ IA LIMITED PARTNERSHIP (Pr nclpa By: See attached signature block BERKLEY INSURANCE COMPANY (Surety) By: _ Edward C. Spector , Attorney -in -Fact 11-83! Bond Number: 4227657 HEA HOMES LIMITED PA TNER HlP, a Callfornla limited partaersbip f „r. By: Name: John John Thomas Authorized Agent By; - - Name' Brooke Doi Title: Authorized Agent 11-84 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 19, 2019 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ---------- John Thomas and Brooke Doi ------------------------- --is who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWAN•CAMPBELL ,P Notary P - California z Orange County =_ y Commission # 2239892 z ' a * My Comm. Expires May 24, 2022 Signature 11-85 � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles DEC. I. 7 2019 On �- before me, Meehan Hanes, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/herAhei authorized capacity(imes), and that by hisAier,4heit signature(s) on the instrument the person{}, 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 MEGHAN HXNES State of California that the foregoing paragraph is true and correct. ` COMM. #2280722 ° ' a NotaryPublic -California � LoAngeles County ° WITNESS my hand and official seal. M Comm, Ex ices Mar,12, 2123 Signature Signs # of Notary ublic 11-86 No. BI -7951 c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. v KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C. ' Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini; Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and .� lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed a Fifty Million and 001100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: o a RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and ° t* further ' RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as U though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any CL -0 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have s ceased to be such at the time when such instruments shall be issued. N � r IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12 day of uKer ; D IQ . Attest: Berkl Insurance Company (Seal) By By ti ° Ir ederman Je aExecutive Vice President &Secretary e resident WARNING: THIS POWER INVALID IF HOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER- STATE APERSTATE OF CONNECTICUT) No t:�° ) ss: COUNTY OF FAIRFIELD as Sworn to before me, a Notary Public in the State of Connecticut, this day of G� , , by lra S. Lederman and Jeffrey ivt. Iiafter who are sworn to me to be the Executive Vice President Secretary, and t Senior Vice President, respectively, of Berkley Insurance Company. MANOTARYPuNlac p CONNECTICUT WCOMMISSION EXPIRES ZAPRIL 00, 2024 Aotiry Public, State of Connecticut rr CERTIFICATE d 1, the undersigned, Assistant Secretary of BERKLEY .INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 y true, correct and complete copy of the original Power of Attorney; that said Power of Atto ' has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond run 4hi;ch this Power of Attorney is attached, is in fall force and effect as of this date. E Given under my hand and seal of the Company, this day of— (Seal) f - _ (Seal) 11-87 PUBLIC STREET IMPROVEMENTS - COST ESTIMATE 6 ORCHARD, SUITE 200 PROJECT. 1 "WitSkLAKE FOREST. CA 92630 MELA-001 TRACT No: 18135 T. 949.916.3600 CONSULTING, INC. F.949.916.3805 MARINERS SQUARE CIVIL ENGINEERING DEVELOPER: LAND PLANNING & SURVEYING CVC-INC.NET ENGINEER: DATE: CALCULATED BY: PERMIT No.: DANE MCDOUGALL, PE 3/13/2019 JOY HLNDRICKS 1992-2018 CONSTRUCTION ITEM QUANTITY COST TOTAL PAVEMENT (AC, AB, PRIME & SEAL) 8" MIN FULL -DEPTH AC 820 SF @ $6.00 $4,920 COLD PLANE & OVERLAY (MORATORIUM) 1020 SF @ $5.00 $5,100 SAWCUT & RECAP (MORATORIUM) $25 SF @ $5.00 $4,125 CURB, GUTTER & SIDEWALK TYPE A 6" CURB & 18" GUTTER 105 LF @ $30.00 $3,150 TYPE A 8" CURB & GUTTER 98 LF @ $31.00 $3,038 STANDARD 8' WIDE CROSS GUTTER 1892 SF @ $25.00 $47,300 MOD. RESIDENTIAL DRIVEWAY APPROACH 75 SF @ $15.00 $1,125 CURB ACCESS RAMP 7 EA @ 1 $5,000.00 $35,000 4" SIDEWALK 2348 SF @ $12.00 $28,176 RELOCATE EX. PUBLIC STREET LIGHT 1 EA @ $5,000.00 $5,000 REMOVE SIDEWALKIDRIVEWAY 2800 SF @ $6.00 $16,800 MISCELLANEOUS EROSION CONTROL 1 LS @ $7,000.00 $7,000 TRAFFIC CONTROL 1 LS 1@1 $5,000.001 $5,000 SUB -TOTAL 20°/a CONTINGENCY TOTAL $165,734 $33,147 $198,881 Lu Page 1 of 1 FESSIO\ i+d[��! S C1VI� �P �al'OFCAU�O¢_�I 11-88 PUBLIC DOMESTIC WATER - COST ESTIMATE • - - 6 ORCHARD, SJITE 200 LAKE FOREST, CA 92630 PROJECT.- MELA-001 TRACT No: 18135 T.94g A 16.3800 CONSULTING, INC. F.949.916.3805 MARINERS SQUARE CIVIL ENGINEERING DEVELOPER: LAND PLANNING & SURVEYING CVC-INC.KET ENGINEER: DATE: CALCULATED BY: PLAN CHECK No.: DANE MCDOUGALL, PE 3/13/2019 JOY HENDRICKS 1992-2618 CONSTRUCTION ITEM QUANTITY COST TOTAL WATER IMPROVEMENTS 1" COPPER SERVICE & 1" METER 73 EA @ $1,700,00 $124,100 2" COPPER SERVICE W/ 1.5" METER & BACKFLOW FOR IRIGATION 1 EA @ $5,000.00 $5,000 4" RESILIENT WEDGE GATE VALVE 3 EA @ $2,000.00 $6,000 6" RESILENT WEDGE GATE VALVE 2 EA @ $2,500.00 $5,000 8" RESILIENT WEDGE GATE VALVE 7 EA @ $1,700.00 $11,900 FIRE HYDRANT ASSEMBLY 4 EA @ $10,000.00 $40,000 8" D.I. FITTING & THRUST BLOCK 16 EA @ $1,000.00 $16,000 8" D.I. ENDCAP & THRUST BLOCK 1 EA @ $1,000.00 $1,000 BLOW -OFF ASSEMBLY 1 EA @ $4,000.00 $4,000 4" DOUBLE CHECK DETECTOR ASSEMBLY 4 EA @ $5,000.00 $20,000 4" PVC AWWA C900 FIRE WATER MAIN 97 LF @ $60.00 $5,820 2" MULTIPLE SERVICE MANIFOLD ASSEMBLY, 1" METERS 5 EA @ $2,000.00 $10,000 WATER MAIN TAP 4 EA @ $3,500.00 $14,000 8" PVC CLASS 200 C900 WATER MAIN 1221 LF 1@1 $100.00 $122,100 2" FLUSH -OUT ASSEMBLY i EA @ $1,500.00 $1,500 SUB -TOTAL 20% CONTINGENCY TOTAL $386,420 $77,284 $463,704 CIV41. �CFCA��FQ�� Page 1 of 2 11-89 PUBLIC SANITARY SEWER - COST ESTIMATE ENGINEER: DATE: CALCULATED BY: PLAN CHECK No.: DANE MCDOUGALL, PE 3/13/2019 JOY HENDRICKS 1992-2019 CONSTRUCTION ITEM QUANTITY COST 6 ORCHARD, 8UITL 200 ' �`•' ". ? LAKE FOREST, CA 92630 PROJECT MELA-001 48" SEWER MANHOLE 16 EA TRACT No: 18135 CONSULTING, INC. 7.9 49.916.3800 F.sass16.3aas $80,000 TERMINAL CLEANOUT MARINERS SQUARE CIVIL ENGINEERING @ $800.00 DEVELOPER: LAND PLANNING & SURVEYING CVC-INC.NET EA @ $2,300.00 ENGINEER: DATE: CALCULATED BY: PLAN CHECK No.: DANE MCDOUGALL, PE 3/13/2019 JOY HENDRICKS 1992-2019 CONSTRUCTION ITEM QUANTITY COST TOTAL SEWER IMPROVEMENTS 48" SEWER MANHOLE 16 EA @ $5,000.00 $80,000 TERMINAL CLEANOUT 12 EA @ $800.00 $9,600 4" LATERAL HOUSE CONNECTION W/CLEANOUT 93 EA @ $2,300.00 $213,900 8" PVC SDR -35 1405 LF @ $40.00 $56,200 6" PVC SDR -35 975 LF @ $35.00 $34,125 JOIN PUBLIC SYSTEM 1 LS @ $4,000.00 $4,000 SUB -TOTAL 20% CONTINGENCY TOTAL $ $ $ 397,825 79,565 477,390 0l)FE8S10,/ r y 2 z C80705 �"Op C �a`P CALIF Page 1 of 1 11-90 PRIVATE STREET & STORM DRAIN IMPROVEMENTS - COST ESTIMATE . 11 1 * 6 ORCHARD, SUITE 200 PROJECT.' r46, 4a LAKE FOREST. CA 926363 0 MELA-001 7.949.916.3800 TRACT No: 18135 CONSULTING, INC. F.949.916.3805 MARINER SQUARE CIVIL ENGINEERING DEVELOPER: LAND PLANNING & SURVF-YING CVC-INC.NET ENGINEER: DATE: CALCULATED BY: PERMIT No.: DANE MCDOUGALL, PE 3/13/2019 JOY HENDRICKS 1992-2018 CONSTRUCTION ITEM QUANTITY COST TOTAL PAVEMENT (AC, AS, PRIME & SEAL) 3" FULL -DEPTH AC 33055 SF @ $10.00 $330,550 6" MIN FULL -DEPTH AB 33055 SF @ $10.00 $330,550 CURB, GUTTER & SIDEWALK 0" CURB ONLY 1061 LF @ $10.00 $10,610 4" ROLLED CURB & GUTTER $70 LF @ $30.00 $26,100 6" CURB ONLY 1971 LF @ $25.00 $49,275 6" CURB & GUTTER 469 LF @ $30.00 $14,070 PCG GUTTER 1000 LF @ $15.00 $15,000 CURB ACCESS RAMPS 23 EA @ $4,500.00 $103,500 LOCAL DEPRESSION 5 EA @ $1,500.00 $7,500 0" TO 6" CURB TRANSITIONS 115 LF @ $30.00 $3,450 4" TO 6" CURB TRANSITIONS 104 LF @ $30.00 $3,120 4" SIDEWALK 6194 SF @ 1 $7.00 $43,358 DECORATIVE PAVEMENT 28496 SF @ $10.00 $284,960 DETECTABLE WARNING SURFACE 400 SF @ $25.00 $10,000 4' PRECAST CONCRETE PARKING BUMPER 4 EA @ $100.00 $400 DRAINAGE 18" HDPE STORM DRAIN 876 LF @ $90.00 $78,840 24" RCP STORM DRAIN 21 LF @ $150.00 $3,1$0 JUNCTION STRUCTURE (WI 24" MANHOLE) 7 EA @ $10,000.00 $70,000 CURB INLET CATCH BASIN 5 EA @ $2,500.00 $12,500 HDPE BEND 5 EA @ $40.00 $200 HDPE STORM DRAIN CLEAN OUT 2 EA @ $1,800.00 $3,600 12" PVC SDR -35 237 LF @ $70.00 $16,590 MODULAR WETLAND SYSTEM, MODEL 8-8-V 4 EA @ $25,500.00 $102,000 MODULAR WETLAND SYSTEM, MODEL 4-8-V 1 EA 1@1 $15,290.00 $15,290 8" PVC SDR -35, BEDDING 1 552 LF @ $60.001 $33,120 Q FESSIQN MCOO SUB -TOTAL 200/6 CONTINGENCY I TOTAL $1,567,733 $313,547 $1,881,280 W o 0 Page 1 of 1 11-91 NRN"� CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING October 16, 2018 David Keely Senior City Engineer City of Newport: Beach Public Works 100 Civic Center Drive Newport Beach, CA 92660 SUBJECT: TRACT 18135 MONUMENTATION BOND AMOUNT Dear David: Pursuant the Subdivision Map Act Section 66496 the setting of final monuments for the above referenced map is deferred. A monument bond shall be furnished to the City equal in amount to the cost of setting said monuments. The estimated cost of setting final monuments is $6,000. If you have any questions or concerns, please feel free to contact me. Sincerely, Dane P. McDougall, LS 9297 Principal C&V Consulting, Inc. 6 Orchard, Suite 200, Lake Forest, California 92630 T.949.916.3800 1=.949.916.3805 www.CVC-INC:.NET 11-92 RESOLUTION NO. PC2018-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING PLANNED DEVELOPMENT PERMIT NO. PL2018-001 AND TENTATIVE TRACT MAP NO. NT2017-005 FOR A 92 -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1244 IRVINE AVENUE (PA2017- 248) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mariner Square 2017, LLC, with respect to property located at 1244 Irvine Avenue, and legally described on Exhibit "A" attached hereto, requesting approval of a Planned Development Permit and a Tentative Tract Map. 2. The applicant proposes the demolition of an existing 114 -unit apartment complex and the construction of a 92 -unit residential condominium development, including private streets and common open space on a 5.76 -acre site. The proposed development complies with development standards including height, site coverage, and parking requirements. One adjustment is requested at the front setback along Irvine Avenue to allow for second and third stories of ten units to project two feet into the required 20 -foot setback. 3. The subject property is designated Multiple -Unit Residential (RM) by the General Plan Land Use Element and is located within the Multi -Unit Residential (RM -6,000) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 21, 2018, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The proposed project consists of the demolition of a 114 -unit apartment complex and the construction of 92 multi -family condominium units. 11-93 Planning Commission Resolution No. PC2018-019 Page 2 of 17 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.060 (Planned Development Permits), the following findings and facts in support of such findings are set forth: Finding: A. The proposed development would: a. Include only uses allowed within the base zoning district, b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; C. Be substantially consistent with the purpose and intent of the base zoning district, d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. Facts in Support of Finding: The subject property is currently zoned Multi -Unit Residential (RM -6,000) which requires a minimum of 92 and allows a maximum of 115 attached or detached dwelling units on this 5.76 -acre site. The proposed 92 -unit multi -family residential development complies with the RM -6,000 Zoning District development standards, except for the requested setback adjustment. 2. The subject property has a General Plan Land Use Element designation of Multiple -Unit Residential ("RM"). This category is intended to provide primarily for multi -family residential development containing attached or detached dwelling units. The General Plan Land Use Element Figure LU 10 allows a maximum density of 20 units per acre. The proposed project does not exceed the maximum allowable density of 115 units (5.76 x 20). 3. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires multi- family dwellings to be designed to convey a high quality architectural character in regards to building elevations, ground floor treatment, roof design, parking, open space, and amenities. Parking is provided as attached garages integrated within the residential structures, with uncovered guest spaces throughout the site. The design is described as contemporary California coastal architecture with comprehensive and cohesive designs. The colors of the materials will include white, beige, blue, green, and gray. Materials will include a combination of board and batten siding, horizontal lap siding, shingle siding, stucco, and metal elements. Any stucco on the building will have a smooth finish. The 04-24-18 11-94 Planning Commission Resolution No. PC2018-019 Paqe 3 of 17 project is designed with buildings offset from vehicle entrances to create visual interest from the street and prevent long, unarticulated driveway appearances. Canopies over front doors fronting on Irvine Avenue will provide for a pedestrian -oriented development that integrate the project into the surrounding area, and two -foot projections into the 20 -foot front setback on Irvine Avenue will create building articulation and enhance visual interest. 4. The property is not located in a specific plan area. 5. The RM Zoning District is intended to provide for areas appropriate for multi -unit residential units containing attached or detached dwelling units. The proposed project provides 92 multi -family attached dwelling units and is therefore consistent with this designation. 6. The proposed project is consistent with the development standards within NBMC Section 20.18.030 (Residential Zoning Districts and General Development Standards) regarding density, lot area, lot width, site coverage, open space, and parking. The proposed two -car garages attached to each residential unit provide interior dimensions of 20 feet wide by 20 feet deep, and will also accommodate refuse storage. The minimum size required for narrow lots pursuant to NBMC Section 20.40.090 (Parking Standards for Residential Uses) is 17 -feet 6inches wide by 19 -feet deep. Each residential unit is approximately 21 -feet wide at the ground level; therefore, it is appropriate to apply the narrow lot garage standards. 7. The proposed setbacks are consistent with the purpose and intent of the RM -6,000 Zoning District and the 2 -foot adjustment is allowed with an approved Planned Development Permit. Setbacks between structures ensure adequate light and air to individual dwelling units. The proposed 18 -foot second -story front setback on Irvine Avenue is adequate and, compatible with surrounding uses, and allows for increased articulation in the building facade. The existing 114 -unit apartment complex features a front setback of 6 to 30 feet on Irvine Avenue, which faces a single-family residential neighborhood of Costa Mesa. The apartments have several parking lots and carport structures also fronting Irvine Avenue. The proposed design, with increased setback to 18 feet and front doors facing Irvine Avenue, creates a more pedestrian -oriented frontage that is compatible with the neighborhood across Irvine Avenue. The proposed design also includes a landscaped parkway and sidewalk along Irvine Avenue. 8. The proposed development is designed to be energy efficient and will allow for the future installation of solar panels. Landscaping will be required to comply with the requirements of the Water Efficient Landscape Ordinance. 9. The proposed project is designed with an architectural style and scale that are compatible with and complementary to the surrounding neighborhood. The proposed project is a redevelopment of an aging 114 -unit apartment complex to a 92 -unit condominium development mix. Besides the setback request, the proposed project complies with the development standards of the RM -6,000 Zoning District. The proposed buildings range from 32 feet 8 inches to 33 feet in height. The provision of canopies along the first floor units facing Irvine Avenue provides a more pedestrian -oriented development that helps to ensure that the project is an integrated part of the area. 04-24-18 11-95 Planning Commission Resolution No. PC2018-019 Page 4 of 17 10. The project site is located to the north of the abutting Westcliff Plaza commercial center, which contains resident -serving uses including a grocery store, food service establishments and a pharmacy, among others. The proposed residential design features a pedestrian access point to the shopping center along the shared property line near Rutland Road to encourage a convenient and harmonious relationship between the residential and commercial uses. Finding: B. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: The proposed project provides increased common open space compared to the minimum required by the Zoning Code, with 6,900 square feet required and 21,495 square feet provided, including landscaped areas and recreational amenities including a pool and spa, seating and gathering areas, two fireside lounge areas, and an outdoor dining area. The proposed project will provide quality building design through complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. Internal streets and walkways allow for separation between buildings and efficient circulation onsite. 2. The project design is described as contemporary California coastal architecture with comprehensive and cohesive designs. The colors of the materials will include white, beige, blue, green, and gray. Materials will include a combination of board and batten siding, horizontal lap siding, shingle siding, stucco, and metal elements. Any stucco on the building will have a smooth finish. The project is designed with buildings offset from vehicle entrances to create visual interest from the street and prevent long, unarticulated driveway appearances. Canopies over front doors fronting on Irvine Avenue provides for a pedestrian -oriented development that integrate the project into the surrounding area. Finding: C. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. Facts in Support of Finding: The subject property is 5.76 acres, only slightly irregular in shape, and is fairly flat. The site is adequate to accommodate the proposed 92 multi -family dwelling units, open space, and landscaping within the minimum and maximum density allowed by the Zoning Code and General Plan. 2. Vehicular site access is being reduced from eight driveways at the existing development to three, with one taking access from Irvine Avenue and two from Rutland Road. 04-24-18 11-96 Planning Commission Resolution No. PC2018-019 Paae 5 of 17 3. Pedestrian access to the abutting Westcliff Plaza commercial center is proposed along the southern property line of the proposed project to encourage a harmonious relationship between the residential condominiums and the commercial uses. The pedestrian access will create a walkable development that provides convenient access to retail and service uses. 4. The Public Works Department and Fire Division have reviewed and approved the proposed project design, including emergency access. Finding: D. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Facts in Support of Finding: 1. The proposed project provides adequate separation from structures to adjacent properties. The recreational area is located towards the center of the property, which will reduce any potential noise or odor impacts to the neighborhood from surrounding properties. 2. The site has been designed to reduce potential impacts to the dwellings from the adjacent Westcliff Plaza commercial center to the south by designing the floor plans such that interior stairwells are along the southerly boundary to minimize noise intrusion from commercial activities, including the loading dock. The project design also proposes that the existing block wall separating the two properties remain, which ranges in height up to 11.6 feet and further minimizes potential noise impacts to the residential uses. 3. The project site is adjacent to Mariners Elementary School to the north across Mariners Drive. The proposed design includes eliminating two driveways on Mariners Avenue, featuring instead one vehicular entrance from Irvine Avenue and two from Rutland Road. This reduces turning activity on Mariners Drive and provides a safer and more compatible relationship between the proposed residential project and the elementary school. The project also features a 6 -foot landscaped setback along Mariners Drive including five existing trees to be protected in place. 4. Across Rutland Road to the east of the project site are multi -family residences with pedestrian access from Rutland Road. Because these residences have vehicular access from an alley, the proposed two driveways to the proposed project from Rutland Road will not create a traffic hazard. The project also features a 6 -foot landscaped setback along Rutland Road, including eight existing trees to be protected in place. 5. The conditions of approval will ensure compliance with applicable rules and regulations, reduce potential lighting glare impacts, and ensure maintenance of landscaping. Finding: E. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, 04-24-18 11-97 Planning Commission Resolution No. PC2018-019 Paae 6 of 17 appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation, water and resource conservation)., etc. Facts in Support of Finding: 1. The site design includes a mix of east -west and north -south oriented buildings that provide variety of structure placement to promote visual interest. The proposed dwelling units each have a separate entrance. The units range in size from 1,724 to 2,742 square feet across seven floor plan options. Private open space is provided for each unit by ground level patios and second and third floor decks and balconies. Private open space per unit ranges from 375 to 936 square feet across the seven floor plan options, and the total exceeds the minimum requirement. Each unit includes a 2 -car garage and 47 guest parking spaces are provided throughout the site. 2. A recreational area is provided for the residents for use by both adults and children, including a pool and spa, restroom, seating and lounge areas, a barbeque, deck areas, turf area, short term bicycle parking, and landscaping. Landscaping is proposed throughout the site, with significant plantings along the front, rear and exterior side property lines, along interior streets, at the project entrance, and in the recreational area. 3. The proposed design includes complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary California coastal architecture with traditional clean design. The materials will include a combination of detailed wood -like siding, stucco, and metal elements. The structures are designed to be energy efficient and will include tankless water heaters, energy efficient hearing systems with built-in air conditioning. The project is required to comply with the Water Efficient Landscape Ordinance, and the landscaping pallet for the development will be drought tolerant with an emphasis on low water demands. Finding: F. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: 1. The project is located in the RM -6,000 Zoning District and is compatible with the existing and allowed uses in the area including multiple -unit residential, commercial, and public facility uses. The project meets the minimum and maximum standards of the Zoning Code and General Plan. The use will remain residential. 04-24-18 11-98 Planning Commission Resolution No. PC2018-019 Paqe 7 of 17 2. The proposed project provides a reduction in driveways on Irvine Avenue, from three to one driveway, a reduction in driveways on Rutland Road, from three to two driveways, and the elimination of two driveways on Mariners Drive. Driveway placement has been reviewed by the traffic engineer and is designed to promote safe and convenient vehicle entry. 3. The proposed design includes complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary California coastal architecture with traditional clean design. The materials will include a combination of detailed wood -like siding, smooth stucco, and metal elements. 4. No views are compromised by the proposed development, which replaces an aging 114 - unit apartment complex with 92 modern residential condominiums. The project features three distinct elevation styles with variations in color and materials to promote consistency with the variety of housing types in the vicinity, including a single family neighborhood across Irvine Avenue in Costa Mesa and multi -family residences across Rutland Road. The project proposes the protection of existing mature street trees along Rutland Road and Mariners Drive to maintain the appearance of an established residential neighborhood. 5. The proposed design includes three-story building with sloping roofs up to 33 feet in height, the maximum permitted in the RM -6,000 Zoning District. The project replaces a two-story apartment development and maintains compatibility with the scale of the surroundings through building articulation and varied roof planes. In accordance with NBMC Section 19.12.070 [Required Findings for Action on Tentative Maps (66412.3, 66473 et seg.)], the following findings and facts in support of such findings are set forth: Finding.- G. inding: G. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The subject property has a General Plan Land Use Element designation of Multiple -Unit Residential (RM). This category is intended to provide primarily for multi -family residential development containing attached or detached dwelling units. The General Plan Land Use Element Figure LU10 allows a maximum density of 20 units per acre. The proposed project does not exceed the maximum allowable density of 115 units. 2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires multi -family dwellings to be designed to convey a high quality architectural character in regards to building elevations, ground floor treatment, roof design, parking, open space, 04-24-18 11-99 Planning Commission Resolution No. PC2018-019 Paae 8 of 17 and amenities. Parking is provided as attached garages integrated within the residential structures, with the guest spaces throughout the site uncovered. 3. The property is not located in a specific plan area. 4. The Public Works Department has reviewed the proposed tentative tract map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Findin : H. That the site is physically suitable for the type and density of development. Fact in Support of Finding: The subject property is 5.76 acres, slightly irregular in shape, and is fairly flat, which is adequate to accommodate the proposed 92 multi -family dwelling units, open space, and landscaping within the minimum and maximum density allowed by the Zoning Code and General Plan. The site is not within a zone deemed to be subject to seismically induced liquefaction potential. A drainage study and sewer demand study have been prepared and reviewed by the Public Works Department to ensure that the storm drain and sewer main are adequate. Finding: 1. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife in their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act ("CEQA') that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The site is in an urbanized area that does not contain any sensitive vegetation or habitat and is currently a development with a 114 unit apartment complex. 2. The project is categorically exempt under Section 15302 of the CEQA Guidelines for the reasons noted in Section 2 of this Resolution. Finding: J. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 04-24-18 11-100 Planning Commission Resolution No. PC2018-019 Page 9 of 17 Facts in Support of Finding: The proposed Tentative Tract Map is for condominium purposes. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious health problems. Public improvements will be required of the developer per NBMC Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: K. That 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. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to the ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. The design of the development will not conflict with easements acquired by the public at large, for access through, or use within the proposed development, because there are no public easements located on the property. Finding: L. That, subject to the provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. Finding: M. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project, and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. 04-24-18 11-101 Planning Commission Resolution No. PC2018-019 Paae 10 of 17 Facts in Support of Finding: California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a "land project" as previously defined in Section 11000.5 of the California Business and Professions Code, because the project site does not contain 50 or more parcels of land. Finding: N. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Section 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: 1. The Tentative Tract Map includes attached dwelling units with open space, private streets, and walkways separating individual structures. The proposed subdivision design allows for solar access and future passive or natural heating and cooling opportunities. 2. The proposed construction and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: O. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Fact in Support of Findinq-. The minimum and maximum residential density allowed for the site will remain unchanged with the project approval. The proposed 92 -unit development is consistent with the minimum 92 units and maximum 115 units allowed on this 5.76 -acre site in the RM -6,000 Zoning District. The site is currently developed with 114 apartment units. The minor reduction of units will not affect the City's ability to meet its regional housing goals. Finding: P. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ("RWQCB'). 04-24-18 11-102 Planning Commission Resolution No. PC2018-019 Paae 11 of 17 Fact in Support of Finding: 1. The new condominium development is designed so that wastewater discharge into the existing sewer system complies with the RWQCB requirements. Finding: Q. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1. The subject property is not located in the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Planned Development Permit PL2018-001 and Tentative Tract Map No. NT2017-005, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the City Council in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF JUNE, 2018. AYES: Dunlap, Koetting, Kramer, Lowrey, Weigand and Zak NOES.- ABSTAIN: OES: ABSTAIN: ABSENT: Kleiman PEAer Koeft ng, ha BY. zi./� gand, SeAretary 04-24-18 11-103 Planning Commission Resolution No. PC2018-019 Paae 12 of 17 EXHIBIT "B" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval.) Future additions, including enclosing decks, are prohibited. Major changes in building color, materials, or architecture require approval by the Community Development Director. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Planned Development Permit. 4. Planned Development Permit No. PL2018-001 and Tentative Tract Map No. TP2017-005 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.91.050, unless an extension is granted. 5. A copy of the Resolution, including conditions of approval Exhibit "B" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building or grading permits. 6. Prior to final map approval, the applicant shall submit draft Covenants Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the Director Community Development, which will be recorded concurrently with the Final Map, and while will generally provide for the maintenance of all common areas and the requirement that garages are to be used for vehicle parking. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. The project shall maintain setbacks and encroachments consistent with NBMC 20.30.110, with the exception of a two -foot encroachment into the 20 -foot front setback permitted on the second and third floors of the ten residential units facing Irvine Avenue consistent with the approved plans. 04-24-18 11-104 Planning Commission Resolution No. PC2018-019 Paae 13 of 17 10. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices in compliance with NBMC Chapter 14.17 (Water Efficient Landscaping Ordinance). The plans shall be reviewed and approved by the Planning Division. 11. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12.All lighting shall conform with the standards of NBMC Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13.All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 14. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 15. Building materials shall be high quality, durable, authentic to the architectural style, and applied in a quality fashion. Any stucco on the building shall have a smooth finish. 16. Any portion of the roof that extends beyond 28 feet in height shall have a minimum pitch of 3:12. 17. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, 04-24-18 11-105 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 15. Building materials shall be high quality, durable, authentic to the architectural style, and applied in a quality fashion. Any stucco on the building shall have a smooth finish. 16. Any portion of the roof that extends beyond 28 feet in height shall have a minimum pitch of 3:12. 17. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, 04-24-18 11-105 Planning Commission Resolution No. PC2018-019 Page 14 of 17 losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Mariner Square Planned Development Permit and Tract Map including, but not limited to, Planned Development Permit No. PL2018-001 and Tentative Tract Map No. NT2017-005 (PA2017-248). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Conditions 19.A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD88). Prior to the recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphical file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual Sub article 18. The Map submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 20. Prior to the recordation of the Tract Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the horizontal control system established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, sub article 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 21. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council 22. Prior to Final Map approval, the applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for 100 percent of the estimated improvement cost, as prepared by a Registered Civil Engineer and approved by the Public Works Director, for each of the following, but not limited to, public and private improvements, street improvements, monumentation, sidewalks, striping, signage, street lights, sewer system, water system, storm drain system, water quality management system, erosion control, landscaping and irrigation within public right of way, common open spaces areas accessible by the public and off-site improvements required as part of the project. 23. Warranty bond for a minimum of 10 percent of the engineers cost estimate (final percentage to be determined by the Public Works Director) to be released 1 -year after improvements have been accepted. 04-24-18 11-106 Planning Commission Resolution No. PC2018-019 Paqe 15 of 17 24.An encroachment permit is required for all work activities within the public right of way. 25. All improvements shall comply with the City's sight distance standard STD -110-L. 26. In case of damage done to public improvements surrounding the development site by the private construction, said damage shall be repaired and/or additional reconstruction within the public right-of-way may be required. 27. All on-site drainage shall comply with the latest City water quality requirements. 28. Reconstruct the existing curb, gutter and sidewalk along the entire Irvine Avenue, Mariners Drive, Rutland Road property frontages, extent to be determined by the Public Works Inspector. 29. Irvine Avenue will be on the City's street -cut moratorium list. Mariners Drive and Rutland Road are currently on the City's Street -cut moratorium list. Any damage to or trenching in said streets shall require moratorium street repair per City Standard. 30. Final Construction Management Plan ("CMP") shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. Any proposed changes to the final CMP after permit issuance shall be approved by the Community Development Director and City Traffic Engineer prior to implementation. 31. The on-site water system shall be owned and maintained by the City and constructed per City standards. 32. The on-site sewer system 6 -inch and larger sewer mains shall be owned and maintained by the City of Newport Beach and constructed per City of Newport Beach standards. All sewer mains smaller than 6 -inch and sewer laterals from the sewer main to units shall be privately owned and maintained. 33.An encroachment permit and agreement shall be obtained for all decorative pavement within the public utility easement identifying that the homeowners association is required to maintain and repair. 34. Install accessible complaint curb ramps at the corner of Irvine Avenue/Mariners Drive and Mariners Drive/Rutland Road intersections along the project frontage. 35.All public improvements (i.e. sewer, water, storm drain, street, sidewalk, etc.) within the public right of way or City easement shall be constructed per City standards. Final design shall be approved by the Public Works Department. 36.On-site storm drain system shall be privately owner and maintained. 04-24-18 11-107 Planning Commission Resolution No. PC2018-019 Page 16 of 17 37. Five (5) 48" box trees shall be located in the right of way along the project frontage as replacement for removed trees. Replacement trees shall be Sycamore or other species approved by the Municipal Operations Division. Fire Division Conditions 38.An approved fire apparatus access road shall be provided within 150 feet of all portions of the structures measured by an approved route around the exterior of the buildings. California Fire Code ("CFC") Section 503.1.1. Fire Department ("NBFD") Guideline C.01 and C.02 should be utilized to comply with access requirements. 39. Blue hydrant identification markers shall be placed adjacent to fire hydrants. 40.Apparatus access roads must be constructed of a material that provides an all-weather driving surface, capable of supporting 72,000 pounds imposed load for fire -apparatus, and truck outrigger loads of 75 pounds per square inch over a two -foot area. Calculations stamped and signed by a registered professional engineer shall certify that the proposed surface meets the criteria of an all-weather driving surface and is capable of withstanding the weight of 72,000 pounds NBFD Guideline C.01. 41. Fire lanes shall be marked as per NBFD Guideline C.02. 42.As per NBFD Guideline C.01, the minimum width of the street shall be 36 feet, with parking allowed on both sides. The minimum width of the street shall be 32 feet, with parking allowed on one side. The minimum width of the street shall be 20 feet, with no parking on either side. The width shall be increased to 26 feet within 30 feet of a hydrant, no vehicle parking allowed. 43. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. CFC 503.2.5. 44. Fire Flow will be required and must be determined and submitted with the architectural plan check. CFC Sec. 507.3 NBFD Guideline B.01 shall be utilized to complete the fire flow. 45. Fire hydrants (number also depends on fire flow) will be required to be located within 400 feet as measured by an approved route around the exterior of the structure. CFC 507.5.1. 46. Where a portion of the structure is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the structure, on-site fire hydrants and mains shall be provided where required by the fire code official. CFC Sec. 507.5.1. 47.As per CFC Sec. 304.3.3, dumpsters and container with an individual capacity of 1.0 cubic yards (200 gallons) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines unless the dumpsters are constructed of noncombustible materials or of combustible materials with a peal rate of heart release not exceeding 300 kW/M2 where tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/M2 in the horizontal orientation. Exception: Storage in a structure 04-24-18 11-108 Planning Commission Resolution No. PC2018-019 Paqe 17 of 17 shall not be prohibited where the structure is of Type I or IIA construction, location not less than 10 feet from other buildings and used exclusively for dumpster or container storage. 48. Fire appliances such as fireplaces, fire pit tables, or fire features must be a listed appliance. Manufactures specifications, which recommend the distances to combustibles that appliance, must be maintained will be required at the time of the plan review. 49. Buildings shall be provided with approved addresses. The address identifications shall be legible and placed above or immediately adjacent to all doors that allow fire department access. In no case shall the number be less than four inches in height with a one-half inch stroke. Address numbers shall contrast with their background and shall be either internally or externally illuminated to be visible at night. CFC amended Sec. 505.1.1. 50.A fire alarm that activate the occupant notification system shall be installed in Group R-2 occupancies where dwelling units, sleeping units are located three or more stores above the lowest level of exit discharge. 907.2.9. 51. Single or multiple station smoke alarms shall be installed and maintained in Group R-2 occupancies. CFC Section 907.2.11.2. 52. Fire pits must be installed as per the manufactures recommendations and 2016 California Mechanical Code Section 925.1 with regard to distance to combustible etc. 53. Charcoal burners and other open -flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. CFC Sec. 308.1.4, 54. Fire extinguishers are required and are to be located within 75 feet of all front entrance doors. CFC Sec. 906.1. 55.An automatic sprinkler system (13R) installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. CFC Section 903.2.8. 56. The underground fire line will be reviewed by the fire department. A separate submittal is required, which requires an "F" Permit. The underground fire line is a separate submittal (cannot be part of the overhead fire sprinkler plans, nor precise or rough grading plans) and must be designed as per NBFD Guideline F.04 "Private Hydrants and Sprinkler Supply Line Underground Piping." 57 -Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. 58. Proposed fencing cannot obstruct existing water supply (fire hydrants) from the existing and proposed structure. 04-24-18 11-109