AGENDA REPORT
Meeting Date: March 15, 2022
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Project Manager
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS APPROVING THE FINAL MAP FOR VESTING TENTATIVE
TRACT MAP NO. 73399 (250 NORTH CRESCENT DRIVE), AND
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT
WITH BH PREMIER INVESTMENTS, L.P.
Attachments: 1. Resolution
2. Final Tract Map
3. City Council Resolution No. 16-R-13109 Conditionally Approving the Vesting Tentative Tract Map on October 4, 2016
4. Location Map
5. Community Development Department Memorandum Regarding Compliance with Conditions of Approval
6. Subdivision Improvement Agreement
RECOMMENDATION
It is recommended that City Council move to find that the final map conforms to the tentative map, all applicable requirements of the State Subdivision Map Act and the City’s subdivision Ordinances and adopt the Resolution approving the final map for Tract Map No. 73399, and approve a subdivision improvement agreement with BH Premier Investments, L.P.
INTRODUCTION
This report is a request for City Council adoption of the findings that Tract Map No. 73399, located at 250 North Crescent Drive, is consistent with the previously approved vesting tentative tract map and that the tentative map conditions have been met. It also provides for City Council adoption of a resolution approving the final map for Tract Map No. 73399 (Attachment No. 1). Additionally, since the public improvements associated with this subdivision have not been completed, a subdivision improvement agreement between the
BEVERLY
HILLS
�
•
F-6
Meeting Date: March 15, 2022
City and BH Premier Investments, L.P. is required to ensure compliance with conditions of approval.
DISCUSSION
The Planning Commission reviewed and approved a Development Plan Review (DPR), Density Bonus Permit and a Vesting Tract Map on March 10, 2016. At its meeting on April 5, 2016, City Council voted to hold a de novo hearing for independent review of the Planning Commission’s decision. City Council reviewed the subject project on September 20, 2016, and subsequently adopted Resolution No. 16-R-13109 (Attachment No. 3) approving the project on October 4, 2016.
The applicant, BH Premier Investments, L.P, has prepared the final map to construct a new 4-story, 45 foot tall condominium building containing eight residential units located at 340 South Rexford Drive, Beverly Hills (Attachment No. 4).
The applicant is constructing the building in accordance with approved plans. The applicant submitted a final tract map for approval by City Council that is substantially the same as the approved vesting tentative tract map. The final map meets all conditions imposed by City Council Resolution 16-R-13109 (as explained in the attached memo from the Community Development Department, Attachment No. 5) and was approved by the City Engineer. Staff has reviewed the final map and is recommending approval by City Council. Pursuant to the State Subdivision Map Act, the City must approve the final map if it substantially conforms to the tentative map and “it conforms with all requirements of [the Map Act], and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map.” Approval of the Final Map will allow the applicant to sell the individual units.
The conditions of approval included in City Council Resolution 16-R-13109 required improvements in the public right-of-way. Since the required public improvements have not been completed and accepted, City Council, as a condition precedent to the approval of the final map, shall require the applicant to enter into a subdivision improvement agreement (Attachment No. 6) with the City to thereafter complete the improvements at the applicant’s expense. Performance of the subdivision improvement agreement will be guaranteed by a form of security.
FISCAL IMPACT
There are no known financial impacts associated with this action.
Ryan Gohlich, Director of Community Development
Approved By
Shana Epstein, Director of Public Works
Approved By
Attachment 1
-1-
B0785-0001\2622294v4.doc
RESOLUTION NO. 22-R-_______
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS APPROVING THE FINAL MAP FOR VESTING TENTATIVE
TRACT MAP NO. 73399 (250 NORTH CRESCENT DRIVE), AND
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT
WITH BH PREMIER INVESTMENTS, L.P.
The Council of the City of Beverly Hills hereby finds, orders, and resolves as follows:
Section 1. Vesting Tentative Tract Map No. 73399 was submitted for approval in conjunction with a proposed four-story, 45-foot tall condominium building containing 8 residential. units located at 250 North Crescent Drive, Beverly Hills.
Section 2. Parking for the project will be provided within a subterranean parking garage (14 parking spaces), with one additional parking space provided in a single car garage located at the ground level and accessed via the alley.
Section 3. The approved building would contain approximately 12,400-square feet of floor area on a 7,556 square foot parcel. The project includes one level of subterranean parking, four residential levels and a rooftop open space common area. The project includes seven twobedroom units and a single one-bedroom unit designated as very low income housing.
Section 4. The City Council conditionally approved said Vesting Tentative Tract Map, and the final map has been filed in a timely manner.
DocuSign Envelope ID: F8D04AE2-0103-495D-B877-5CC826BE9631 -2-
B0785-0001\2622294v4.doc
Section 5. The Council of the City of Beverly Hills finds as follows:
(a) The final map filed herein is in substantial compliance with the approved vesting tentative tract map and complies with all of the requirements of the California Subdivision Map Act and the City's subdivision ordinance. (b) The applicant has performed all conditions precedent to final map approval as required by the vesting tentative map approval and has entered into a subdivision improvement agreement with the City to ensure that remaining off-site improvements are completed to the City’s satisfaction.
(c) For the reasons set forth in the resolution approving the vesting tentative map, the design of the subdivision and proposed improvements will not cause substantial environmental damage or any health problems and will not conflict with any public easements.
(d) For the reasons set forth in the resolution approving the vesting tentative map, 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 California Regional Water Quality Board.
Section 6. The Council of the City of Beverly Hills does hereby resolve as follows:
(a) The final map for Vesting Tract Map No. 73399 is approved. (b) The Subdivision Improvement Agreement is approved.
DocuSign Envelope ID: F8D04AE2-0103-495D-B877-5CC826BE9631 -3-
B0785-0001\2622294v4.doc
Section 7. The City Engineer is directed to record the Final Map along with the Subdivision Improvement Agreement.
Section 8. The approval of the Final Tract Map shall be construed as approval of only those matters expressly shown or stated in the map, and shall not be construed as an approval of any other matters submitted to or considered by the Planning Commission or the Council and not expressly shown or stated on the Final Map or in this resolution.
Section 9. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
Adopted:
_____________________________
ROBERT WUNDERLICH
Mayor of the City of Beverly Hills,
California
ATTEST:
__________________________ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________________ __________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
DocuSign Envelope ID: F8D04AE2-0103-495D-B877-5CC826BE9631 Certificate Of Completion
Envelope Id: F8D04AE20103495DB8775CC826BE9631 Status: Sent Subject: Please DocuSign: Resolution Approving Final Parcel Map No. 73399 (250 N. Crescent).pdf Source Envelope:
Document Pages: 3 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 William Hamilton
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 76.93.111.132
Record Tracking
Status: Original
2/23/2022 4:07:55 PM
Holder: William Hamilton
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David M. Snow for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 70.187.141.216
Sent: 2/28/2022 9:46:21 AM
Viewed: 3/2/2022 8:22:27 AM
Signed: 3/2/2022 8:23:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 3/2/2022 8:23:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert Wunderlich
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
DocuSign
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jill M. Doohen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 2/28/2022 9:46:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shani Parker
[email protected]
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 2/28/2022 9:46:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lourdes Sy-Rodriguez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/28/2022 9:46:21 AM
Payment Events Status Timestamps
Attachment 2
\
LOT "1" 7,556 SQ. FT. VESTING
TRACT NO. 73399
SHEET 1 OF 3 SHEETS
IN THE CITY OF BEVERLY HILLS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOT 4, BLOCK 15 OF BEVERLY,
AS PER MAP RECORDED IN BOOK 11, PAGE 94 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
BRANDON M. HAHN, PLS 7582
DATE: OCTOBER 20, 2020
OWNER'S STATEMENT: SURVEYOR'S STATEMENT:
02-\t-1.o-Z..\
BRANDON M. HAHN P.L.S. 7582 DATE
HAHN AND ASSOCIATES, INC.
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 DANNY SOROUDI ON DECEMBER 24, 2018. I
HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE
POSITIONS INDICATED AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY
TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP; I HEREBY STATE THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN.
TITLE:
JIIANAC�/t 0� G,H. ,.MrNtr/t
TITLE:
•
NAME:
BH P.REMIER INVESTMENTS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, OWNER
WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND
INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE
BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION.
CITY NATI NAL BANK, A NATIONAL BANKING ASSOCIATION AS BENEFICIARY, UNDER A DEED TRUST RECORDED MAY 31, 2019 AS INSTRUMENT NO. 20190499886 OF A RECORD RECORDS OF LOS ANGELES COUNTY.
NAME: TITLE:
CITY ENGINEER'S STATEMENT:
NO. 6941
DATE
3ht(t(
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS
SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE
SUBDIVISION MAP ACT AND OF ANY LOCAL SUBDIVISION ORDINANCES OF THE CITY
OF BEVERLY HILLS APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
SIGNATURE OMISSIONS:
THE SIGNATURE(S) OF STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, HOLDER OF AN OIL AND GAS LEASE, BY DEED RECORDED NOVEMBER 28, 1966 AS INSTRUMENT NO. 1810 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY, HAS BEEN OMITIED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(C) OF THE SUBDIVISION MAP ACT; ITS (THEIR) INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE AND SAID SIGNATURE(S) IS (ARE) NOT REQUIRED BY THE LOCAL AGENCY.
CITY CLERK'S CERTIFICATE:
I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS, BY RESOLUTION NO. , ADOPTED ON _
APPROVED THIS MAP.
DATE _
CITY CLERK OF THE CITY OF BEVERLY HILLS
SPECIAL ASSESSMENT STATEMENT:
LOS ANGELES COUNTY TAX CERTIFICATES:
I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE
JURISDICTION OF THE CITY OF BEVERLY HILLS, TO WHICH THE LAND INCLUDED IN
THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS
HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES,
STA TE OF CALIFORNIA
DATE _
CITY TREASURER OF THE CITY OF BEVERLY HILLS
BY �--�
DEPUTY
DATE _
PARKS AND RECREATION FACILITIES CONSTRUCTION TAX NOTE:
THE PARK AND RECREATION FACILITIES CONSTRUCTION TAXES SET FORTH IN CHAPTER 9 OF TITLE 8 OF THE BEVERLY HILLS MUNICIPAL CODE MAY BE
REQUIRED TO BE PAID UPON THE ISSUANCE OF ANY BUILDING PERMIT FOR THE
CONSTRUCTION OF ANY BUILDING OR STRUCTURE, OR ANY ADDITION THERETO, ON ANY PROPERTY OR IN ANY BUILDING LOCATED IN THIS SUBDIVISION.
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $ HAS
BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES ANO
SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LANO SHOWN ON MAP OF TRACT NO. 73399 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES,
STA TE OF CALIFORNIA
CONDOMINIUM NOTE:
THIS TRACT IS APPROVED AS A CONDOMINIUM PROJECT FOR 8 UNITS, WHEREBY
THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST
IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS.
BY _
DEPUTY
DATE _
BASIS OF BEARINGS:
THE BEARING OF N 39'31 '30" W OF THE SIDELINE OF CRESCENT DRIVE AS SHOWN -: ON THE MAP OF BEVERLY AS RECORDED IN BOOK 11, PAGE 94, OF MAPS, RECORDS
OF LOS ANGELES COUNTY, WAS TAKEN AS THE BASIS OF BEARINGS SHOWN ON THIS MAP.
VESTING
TRACT NO. 73399
SHEET 2 OF 3 SHEETS
IN THE CITY OF BEVERLY HILLS
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
BRANDON M. HAHN, PLS 7582
DATE: OCTOBER 20, 2020
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 ATIACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF
ON J:.1,,IA,4,
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 AND OFFICIAL SEAL
COUNTY
.
SIGNATURE
�
MY PRINCIPLE PLACE OF BUSINESS IS IN l.•s "'J• /.es
MY COMMISSION NO. -----' �'_.&�1-=='�A�•------=------
MY COMMISSION EXPIRES: P4_�_'- 6;.---'llf_'-'?.______,.... ,_.1.___,l-"--•----',l'-.I-'--- --
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 ATIACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
BEFORE ME,
PERSONALLY AP PEARE • ·, t. , . ,
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(&t WHOSE NAME(�) ISfAR[ SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT Hf/SHE/� EXECUTED THE SAME IN H+Ei/HER/T+-IEIR AUTHORIZED CAPACITY(IES.), AND THAT BY HIS/HER/THEIR SIGNATURE(•) ON THE INSTRUMENT, THE PERSON(�) OR THE ENTITY UPON BEHALF OF WHICH THE PERSONE9') ACTED, EXECUTED THE INSTRUMENT.
STATE OF CALIFORNIA
COUNTY OF
ON h01'\)(a.r
,-...
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
�
MY PRINCIPLE PLACE OF BUSINESS IS IN L-oj An'.,,\�
MY COMMISSION NO. 1., "l.. !> � S 5 ...,
MY COMMISSION EXPIRES: yV) � I " 1 1..,0 ").. '1.-
COUNTY
SCALE: 1" = 20' VESTING
TRACT NO. 73399
SHEET 3 OF 3 SHEETS
IN THE CITY OF BEVERLY HILLS
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
LEGEND:
INDICATES THE BOUNDARY OF THE
LAND BEING SUBDIVIDED BY THIS MAP
BRANDON M. HAHN, PLS 7582
DATE: OCTOBER 20, 2020
NOTE: ALL MONUMENTS SHOWN ARE SET FLUSH
WITH SURFACE UNLESS OTHERWISE NOTED
FD NOTHING. SET NOTHING. -----
ESTABLISHED AT RECORD DISTANCE
( 198.00') FROM SOUTHWEST PER
BEVERLY, M.B. 11, PG. 94
160.98'
PK NAIL & WASHER "RCE
29108" PER CITY OF BEVERLY
HILLS TIE SHEET 290 NOT FD.
FD S&W, L.S. 5411, NO REF.
FITS TIES PER SAID TIE SHEET
358.98' -
WAY
198.00'
DAYTON
FD S&W, L.S. 5411,
PER PWFB 131 6,
PGS. 805-806
- N50"27'39"E
- N50"27'39"E
i i
in
-.tc:i
0 <D
151.00' -
i i
CXl
-ec:i
0 <D
-
- - "' "' � �
c:i c:i c:i c:i
CX) co ll) CX) � �
SET S&W, LS 7582
2.00' FROM LOT CORNER
ON LOT LINE PROD.
37'
7 4'
37'
FD L&T, NO REF.
2.00' FROM LOT CORNER
ON LOT LINE PROD.
SE'LY LINE OF LOT 1, TRACT NO. 30084,
M.B. 829, PGS. 59-60, ALSO BEING THE
SE'LY LOT 3, BLOCK 15 PER BEVERLY,
M.B. 11, PG. 94, ESTABLISHED BY
PRORATION PER SAID BEVERLY TRACT
10'
2 O'
10.00:
I
7 1
4' 2 O'
37'
'..:t
0 0
ll)
37'
'..:t
0 c:i
ll) LOT"1"
7,556 SQ. FT.
10.00' I
10'
-;
2 O'
»
0 n
n
a,
n
z
1. I
SET S&W, LS 7582
2 00' FROM LOT CORNER
ON LOT LINE PROD.
NW'LY LOT 5, BLOCK 15 PER BEVERLY,
M.B. 11, PG. 94, ESTABLISHED BY
PRORATION PER SAID TRACT
SET L&T, LS 7582
2.00' FROM LOT CORNER
ON LOT LINE PROD.
0 n
c:i
0 stn
a,
n
z
1. !
37'
(j)
N
c:i
n
st37.00' - !- 151.00' -
1 --------��__,.__���---���---'--��........ --�.................... ����...... ���...... ����--��""""'"'lt-f - N50"27'54"E 198.00' i
I
7 4'
37'
- N50"28'26"E 151.00·-
�0
!')
n
a,
n
z
1. !
CLIFTON WAY
n
a,
n
z
1. I
- N50"28'26"E
FD CITY OF BEVERLY HILLS
WELL MONUMENT PER
PWFB 1316, PGS. 803-804
198.00' -
L
FD S&W, L.S. 5411,
PER PWFB 1316,
PGS. 821 -822
Attachment 3
RESOLUTIONNO. 16-R-13109
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BEYERL Y HILLS CONDITIONALLY APPROVING A VESTING TENTATIVE TRACT MAP, DEVELOPMENT PLAN REVIBW, AND DENSITY BONUS PERMIT TO ALLOW THE CONSTRUCTION OF AN 8-UNIT CONDOMINIUM PROJECT ON THE PROPERTY LOCATED AT 250 NORTH CRESCENT DRIVE
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY FINDS, RESOLVES, AND DETERMINES AS FOLLOWS:
Section 1. BH Premier Investments, LP., applicant and property owner (the "Applicant"), has submitted an application for a Vesting Tentative Tract Map to allow the units to be sold individually as condominiums, a Development Plan Review to allow the general construction of the Project, and a Density Bonus Permit based on the inclusion of one very low income housing unit, all of which are associated with the construction of an 8-unit condominium project on the property located at 250 North Crescent Drive (the "Project''). The entitlements required for the Project may be approved by the City Council if specific findirg s can be made in support of the Project.
Section 2. The Project site is located along North Crescent Drive, between Dayton and Clifton Ways in the Central Area of the City. The project site is immediately bordered by a three-story condominium building with fourth-story penthouse to the north, a three-story apartment building to the south, single-family uses across a 20' -alley to the east, and mixed use to the west, across Crescent Drive. Development on Crescent Drive is characterized by apartment and condominium buildings with heights that range between two to four stories.
The project involves construction of a new four-story, 45-foot tall condominium building containing eight residential units, 14 subterranean parking spaces, and one ground floor parking space. The project is proposed to be constructed in accordance with State Density Bonus standards. The project contains approximately 12,400-square-feet of floor area on a site area of 7,556 square feet. The project includes one level of subterranean parking, four levels of residential units, and a rooftop common area. The project provides seven two-bedroom units and one, one-bedroom unit designated for "very low income" housing. Access to on-site parking would be provided by one driveway from the existing alley at the rear of the site, which would lead from the alley to the underground parking level. Access to the one parking space on the ground floor would also be provided by a second driveway from the existing alley at the rear of the site. Pedestrians would have direct access to the building from Crescent Drive through entrances located on the sides of the new building. � Project includes the following components:
• Density Increase: Density Bonus standards allow for a certain percentage increase in density, which is based on the percentage of "total units" (the maximum number of units allowed under General Plan density standards, without the inclusion of bonus units) that are designated for very low income households. In this case, the number of base units that could be built under the City's General Plan is 7 units, and the number of very low income units proposed is one. Therefore, 14.3% (one divided by 7) of the base units would be very low income. The Density Bonus standards state that whenever 11 % or more of the ''total units" are designated for very low income, a 35% increase in density shall be provided. Further, all density calculations are required to be rounded up to the next whole number. Therefore, approval of the Density Bonus Permit, 2 2000820.2
with the inclusion of one very low income unit, would allow for a maximum density of 10 units.
• Development Incentives: Pursuant to the State Density Bonus statute, development projects where at least 10% of the base units are designated for very low income households are eligible to request two development incentives. An applicant may also request a density waiver in addition to the number of incentives to which the applicant is entitled. In the case of the proposed project, 14.3% of the base units are designated for a very low income household, so the project is eligible to receive two development incentives. The applicant requests the following:
o Additional Height (waiver): The City's zoning code
requires a maximum height of 3 stories or 3 3 feet for sites located within the Multi-Family Residential Height District A. The applicant requests a waiver of the building height limitation to enable the proposed project to be built at 4 stories and 45 feet in height to accommodate the 8 units contemplated by the project. o Reduced Modulation (incentive): The City's zoning code requires 525 square feet of facade modulation. The applicant is requesting a density bonus incentive to reduce the required modulation by 259-square-feet, which would result in a building with 266 square feet of modulation. o Reduced Side Setback Sum (incentive}: The City's zoning code requires the sum for the side setbacks to be at least 19' and each setback to be at least 8'. The applicant requests a density bonus incentive to allow a 3-foot reduction in the sum setback requirement, resulting in 8-foot side setbacks on the north and south of the site, with a side setback sum of 16'. 3 2000820.2
• Parking: Standard parking requirements set forth in the Municipal Code are based on the number of bedrooms in each unit; however, State law provides that parking requirements set forth in the Density Bonus Statute, which can be invoked at the Applicant's option, prevail over local requirements. The State parking requirements applicable to this project are less stringent than those set forth in the Beverly Hills Municipal Code. Therefore, the applicant requests that the project be subject to the State Density Bonus parking requirements, which require a maximum of one space for studio and one-bedroom units, and a maximum of two spaces for two- and three-bedroom units (inclusive of handicapped and guest parking). Fifteen parking spaces are required for the Project pursuant to the Density Bonus Statute, and the Applicant proposes to provide fifteen standard parking spaces.
Section 3. The Project has been environmentally reviewed pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the environmental regulations of the City. Projects characterized as in-fill development that meet certain criteria are categorically exempt from CEQA pursuant to Section 15332 of the State CEQA Guidelines. The project meets all five of the following criteria set forth in Section 15332 of the State CEQA Guidelines for in-fill development projects:
a.) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
4 2000820.2
b.) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c.) The project site has no value as habitat for endangered, rare, or threatened species.
d.) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e.) The site can be adequately served by all required utilities and public services.
Based on the information contained in the Class 32 categorical exemption documentation prepared by the City's environmental consultant, the City Council hereby finds that the project is exempt from further environmental review under CEQA.
Section 4. On March 10, 2016, the Planning Commission considered the application at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting. At the conclusion of deliberation, the Planning Commission voted to approve the requested entitlements. On April 5, 2016, the City Council voted to call the Planning Commission's decision up for review at a de novo public hearing. At the May 3, 2016 City Council hearing, the City Council scheduled the project's de novo hearing and directed staff to provide additional materials including financial and feasibility analyses, and a shade and shadow study.
s
2000820.2
Section S. On September 20, 2016, the City Council considered the application and the additional materials requested at a duly noticed public meeting. Evidence, both written and oral, was presented at said meeting. Notice of the Project and public hearing was mailed on September 9, 2016 to all property owners and residential occupants within a 500- foot radius plus block-face of the property. Additionally, notice was published in two newspapers of local circulation, the Beverly Hills Courier and Beverly Hills Weekly. Section 6. A legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings:
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
2. That the deswi or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
3. That the site is not physically suitable for the type of development; 4. That the site is not physically suitable for the proposed density or development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems;
6 2000820.2
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection will 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 a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Section 7. Based on the foregoing, the City Council hereby finds and determines as follows with respect to the Vesting Tentative Tract Map:
1. As conditioned, the proposed map, project and its design are consistent with the General Plan of the City. The proposed project is compatible with the objectives, policies, general land uses, and programs specified in the General Plan. The General Plan designation for the proposed site is "multi-family residential." The proposed project will consist of an eight-unit residential condominium structure, and condominium developments are permitted under the General Plan land-use designation for the project site.
2. As conditioned, the site is physically suitable for the type of development and the proposed density. The site is zoned R-4 and has been vacant since the 1960s. Prior to the site's vacancy, in 1959, a building permit for a 12- 7 2000820.2
2000820.2
unit apartment was issued by the City. Under the State Density Bonus Statute, the project site can be developed with a maximum density of 10 writs; however, the applicant has proposed 8 units. Therefore, the development of 8 units is within the permitted density for the subject property. Because of the project's consistency with development in the surrounding area, adequate public facilities exist to serve an 8-unit residential condominium structure.
3. As conditioned, the Project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project will not significantly impact the area based upon the increase in the number of residential units at the site. Due to the urban location of the project and the vacant (without vegetation) state of the project site and development in the vicinity, there are no fish or wildlife, or 1:1'1!ir respective habitats, in the vicinity of the project site that could be potentially impacted by the proposed development
4. The des� of the subdivision and the type of improvements will not cause serious public health problems, and will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The project site will meet City health code standards.
Moreover, the project design respects existing easements and will not conflict with any existing easements maintained by the City.
8 Section 8. In reviewing the request for a Development Plan Review and Density Bonus Permit, the City Council considered whether it could make the following findings in support of the Project:
1. Tie proposed plan is consistent with the general plan and any specific plans adopted for the area;
2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;
3. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property;
4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards;and
5. The proposed plan will not be detrimental to the public health, safety or general welfare.
Section 9. Based on the foregoing, the City Council hereby finds and determines as follows with respect to the Development Plan Review and Density Bonus Permit:
1. The Project does not conform to the City's zoning requirements with respect to height, setbacks, and required modulation, however, the deviations from those standards are allowed pursuant to the State Density Bonus Statute. As 9 2000820.2
2000820.l
such, and in light of the mandates of density bonus law with respect to code waivers and concessions, the Project is found to meet all zoning requirements and has been determined to be consistent with the requirements and guidance of the General Plan for residential uses located within the multi-family residential R-4 zone. The subject site is surrounded by residential and mixed-use development, and the proposed project would therefore be a harmonious addition to the area.
Furthermore, the Project is not located within any specific plans adopted for$ area and is consistent with the City's Municipal Code standards for development incentives associated with density bonus projects containing affordable housing units.
2. The Project does not conform to the City's zoning requirements with respect to height, setbacks, and required modulation, however, the deviations from those standards are allowed pursuant to, State Density Bonus Statute, and thus the Project is found to be consistent with the development standards established in the City's Municipal Cod: and General Plan. Existing development along North Crescent Drive consists of a three-story condominium building with fourth-story penthouse to the north of the site, a three-story apartment building to the south, and apartment and condominium buildings that are typically between two and four stories in height. Based on analysis of the shade and shadow study requested by the City Council, the Project would not cause significant shade and shadow impacts on shade-sensitive uses on existing or planned development on neighboring properties, therefore, construction of the Project, which is a multi-family residential use consistent with 10 2000820.2
surrounding uses, is not anticipated to adversely affect existing and anticipated development on the adjacent, residentially-zoned properties or the RMCP (Multifamily Residential-Commercial Parking)-zoned properties across Crescent Drive. The Project does not provide City code compliant parking because the Applicant has invoked reduced parking pursuant to State Density Bonus Law, which causes impacts to the limited parking available in the area Although this Project could have parking impacts, Density Bonus Law precludes denying the Project on this basis. Therefore th e p r o j e ct i s considered to be a harmonious addition that would help to provide additional housing opportunities within the City, including the provision of one unit reserved for very low income households.
3. The Project is residential in nature and does not include any commercial uses.
4. While the Project would increase the floor area of the vacant site by approximately 12,400 square feet, the increase in daily trips to the site is not substantial. The traffic trip generation analysis, conducted as part of the Class 32 Categorical Exemption Report using the Institute of Transportation Engineers (ITE) trip rates, found that the Project would generate an increase of 46 daily trips, four AM peak hour trips, and four PM peak hour trips. The increase in daily vehicle trips represents an increase of approximately 0.7% over Dayton Way's existing volume if all trips occurred on Dayton Way, and an increase of approximately 0.1% over Clifton Wais existing volume if all trips occurred on Clifton Way (Dayton and Clifton Ways both provide access to the alley leading to 11 2000820.2
the Project's subterranean parking). Based on existing traffic volumes and the projected trips, the Project would not generate any significant impacts related to traffic. Vehicular driveway access is provided via the alley at the rear of the Project site, thereby minimizing traffic safety hazards, pedestrian-vehicle conflicts, and pedestrian-safety haz.ards. Therefore, the Project is not anticipated to result in any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.
5. The Project has been designed to be consistent with surrounding development while still being able to accommodate the additional residential units authorized by the State Density Bonus Statue, and is compatible with the existing residential uses along North Crescent Drive. Because the Project has been designed as a harmonious addition to the neighborhood, and based on the discussions and analysis in Findings 1-4 above, the Project will not be detrimental to the public health, safety, or general welfare. Additionally, State Law precludes a local agency from denying a very low income housing development unless approval of a project would result in a significant and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions. Inconsistency with the zoning ordinance or general plan use designation shall not constitute a specific, adverse impact upon the public health or safety.
12 Section 10. Based on the foregoing, the City Council hereby grants the requested Vesting Tentative Tract Map, Development Plan Review, and Density Bonus Permit, subject to the following conditions:
1. The City Council hereby approves additional height ( density waiver), reduced facade modulation ( development incentive), and a reduced side setback sum requirement ( development incentive) as a combination of density waivers and development incentives for the Project. The total height of the Project is approved at four stories and 45'. The cumulative reduction in the required side setback sum requirement shall be no more than 3' as requested by the Applicant, resulting in side yard setbacks that shall be a minimum of 8 feet on each side of the building. The required facade modulation is approved at 266 square feet of modulation. Pursuant to the State Density Bonus parking requirements, the parking is approved at 15 spaces, eight of which are tandem spaces.
2. Beverly Hills Municipal Code §10-3-2813 limits front yard paving to one walkway within the front yard setback. The area located on the southern end of the front setback shall be landscaped subject to the City's architectural review process.
3. Sidewalk, and curb and gutter fronting the site on Crescent Drive shall be removed and replaced (according to City standards), and shall be paid for by the applicant.
13 2000820.2
2000820.2
4. The pavement and center drainage gutter on the alley at the rear of the property shall be removed and replaced according to the City standards, and shall be paid for by the applicant.
5. A Sewer Area Study may be required based on final approved use and occupancy in order to analyze the existing sewer lines within the City of Beverly Hills which will convey the flow from the subject project. The applicant shall pay for the sewer system upgrades (if needed) due to the additional proposed sewage generated from this project.
6. In accordance with the requirements set forth in City Council Resolution 71-R-4269, the applicant shall file a formal written request with the Civil Engineering Division for approval of any type of temporary construction encroachment (steel tieback rods, etc.) within the public right-of-way. Shoring plans and elevations prepared by a registered civil engineer must be submitted for review by the Civil Engineering Division. Shoring elements shall not project into the alleys. An indemnity bond must be submitted and approved by the City Attorney prior to excavation.
7. The driveway ramp slopes and transitions shall comply with the City's minimum standards, or any alternate standard approved by the City's Transportation Engineer.
8. The opening of the garage shall have enol.P setback to satisfy the minimum turning radius for a typical passenger vehicle (25.8 feet) to cover the path of the front overhang. 14 2000820.2
9. The garage gate shall be installed at a location to provide room for at least one vehicle to wait for opening the gate without blocking the traffic within the alley.
10. To ensure visibility for egress traffic, a visual alarm device shall be installed at the exit ramp by the alley. This device shall light up when a vehicle is leaving the garage, alerting the oncoming traffic in the alley.
11. The Project, whether operated as a rental property, as a for-sale condo project, or a combination thereof shall contain a minimum of one, onebedroom dwelling unit designed for occupancy by a very low income household.
The finishing products used within the affordable unit shall be the same as the products that are used in the other units in the building. The applicant has offered, and the project is hereby conditioned, to require that the affordable unit shall be a rental unit that is rented in accordance with the City's Affordable Housing Guidelines and the provisions of California Government Code Section 65915 or its successor statute and shall be affordable to very low income households for a minimum of 55 years in accordance with California Government Code Section 65915. Prior to or concurrently with the recordation of the final map, the Applicant shall record covenants and/or deed restrictions as determined by the City Attorney to ensure that the requirements of this condition are recorded against the subject property. The CC&Rs shall provide {a) that the one affordable unit shall be maintained as a rental unit for a minimum of 55 years, and (b) that any amendment of the provisions of the CC&Rs related to the conditions of JS
2000820.2
approval contained in this resolution shall require approval from the City of Beverly Hills before any such amendments become effective.
12. The Project shall be subject to the review and approval by the Architectural Commission, and the Commission shall consider design features that could reduce the appearance of bulk and mass.
13. To mitigate potential noise impacts to neighboring residents, use of the roof deck areas shall be limited to between the hours of 9:00 a.m. to 9:00 p.m., daily, and signage indicating such restrictions shall be installed on the rooftop.
14. Amplified music shall be prohibited on the rooftop. 15. A 10-foot setback and full screening in the form of landscaping shall be provided at the rear of the rooftop, facing the single-family properties across the alley. The proposed dog washing/exercise area is not approved and shall be removed from the plans prior to the issuance of any building permit for the project. In addition, no umbrellas or other man-made structures shall be located within ten feet of the western edge of the roof. The City retains jurisdiction over the rooftop use area, and in the event that rooftop uses adversely impact neighboring residents, the Director shall have the authority to refer the issue to the Planning Commission for a duly noticed public hearing to consider whether rooftop uses should continue to be permitted, and if so, to impose conditions to address the rooftop use impacts.
16. In accordance with the provisions of Section 10-2-704 of the Beverly Hills Municipal Code, prior to approval of the Final Map, the applicant 16 2000820.2
shall submit a copy of the proposed covenants, conditions and restrictions (CC&Rs) for the project to the City Attorney for review and approval.
17. The applicant shall submit a Construction Management Plan to the Departments of Building and Safety, Public Worlcs, and Transportation for review and approval prior to issuance of a building permit. The Construction Management Plan shall include, at a minimum- the following:
a. Written information about the construction parking
arrangements, and hauling activities at different stages of construction to be reviewed and approved by the Engineering Division of Public Works and the Building & Safety Department. b. Information regarding the anticipated number of
workers, the location of parking with respect to
schedules of the construction period, the arrangements of deliveries, hauling activities, the length of time of operation, designation of
construction staging area and other pertaining
information regarding construction related traffic.
c. The proposed demolition/construction staging for
this project to determine the amount, appropriate
routes and time of day of heavy hauling truck traffic necessary for demolition, ct:liveries, etc., to the subject site.
17 d. A sign shall be posted on the temporary
construction fence with the name and contact
information of the general contractor and the
construction supervisor.
e. No parking shall be allowed in the alley during
construction except pursuant to a permit issued by
the City.
18. The Project shall be constructed in substantial compliance with the plans and specifications approved by the City Council on September 20, 2016.
19. RECORDATION. The resolution approving a Vesting
2000820.2
Tentative Tract Map, Development Plan Review, and Density Bonus Permit shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of the resolution as an exhibit. The Applicant shall deliver the executed covenant to the Department of Community Development within 60 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver to the executed covenant within the required 60 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a request by the 18 Applicant, grant a waiver from the 60-day time limit if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that would affect the Project.
20. EXPIRATION. Vesting Tentative Tract Map: The
exercise of rights granted in such approval shall be commenced within two (2) years after the adoption of such resolution unless otherwise extended.
21. EXPIRATION. Development Plan Review and Density
Bonus Permit: The exercise of rights granted in such approval shall be commenced within three (3) years after the adoption of such resolution unless otherwise extended.
22. VIOLATION OF CONDffiONS: A violation of any of
2000820.2
these conditions of approval may result in an enforcement action or actions to gain compliance. The City will seek all appropriate remedies, including but not limited to recovery of enforcement costs to the maximum extent permissible.
23. This approval is for those plans submitted to the City Council on September 20, 2016, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
24. Minor amendments to the plans shall be subject to approval by the Director of Community Development. A significant change to the approved Project shall be subject to Planning Commission Review. Construction shall be in conformance with the plans approved herein or as modified by the City Council or Director of Community Development.
19 25. Project Plans are subject to compliance with all applicable zoning regulations, except as may be expressly modified herein. Project plans shall be subject to a complete Code Compliance review when building plans are submitted for plan check. Compliance with all applicable Municipal Code and General Plan Policies is required prior to the issuance of a building permit.
26. APPROVAL RUNS WI1H LAND. These conditions
2000820.2
shall run with the land and shall remain in full force for the duration of the life of the Project.
27. Prior to the issuance of a building permit, all applicable Park and Recreation Facilities Taxes required by the Municipal Code shall be paid.
28. The Project shall operate at all times in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
29. The Project shall operate at all times in compliance with Municipal Code requirements for Noise Regulation.
30. The Applicant shall protect all existing street trees adjacent to the subject site during construction of the Project. Every effort shall be made to retain mature street trees. No street trees, including those street trees designated on the preliminary plans, shall be removed and/or relocated unless written approval from the Recreation and Parks Department and the City Engineer is first obtained.
31. Removal and/or replacement of any street trees shall not commence until the Applicant has provided the City with an improvement 20 2000820.2
security to ensure the establishment of any relocated or replaced street trees. The security amount will be determined by the Director of Recreation and Parks, and shall be in a fonn approved by the City Engineer and the City Attorney.
32. The Applicant shall provide that all roof and/or surface drains discharge to the street. All curb drains installed shall be angled at 45 degrees to the curb face in the direction of the normal street drainage flow. The Applicant shall provide that all groundwater discharges to a storm drain. All ground water discharges must have a permit (NPDES) from the Regional Water Quality Control Board. Connection to a storm drain shall be accomplished in the manner approved by the City Engineer and the Los Angeles County Department of Public Works. No concentrated discharges onto the alley surfaces will be permitted.
33. The Applicant shall provide for all utility facilities, including electrical transformers required for service to the proposed structure(s), to be installed on the subject site. No such installations will be allowed in any City right-of-way.
34. The Applicant shall underground, if necessary, the utilities in adjacent streets and alleys per requirements of the Utility Company and the City.
35. The Applicant shall make connection to the City's sanitary sewer system through the existing connections available to the subject site unless otherwise approved by the City Engineer and shall pay the applicable sewer connection fee.
21 2000820.2
36. The Applicant shall make connection to the City's water system through the existing water service connection unless otherwise approved by the City Engineer. The size, type, and location of the water service meter installation will also require approval from the City Engineer.
37. The Applicant shall obtain the appropriate permits from Civil Engineering for the placement of construction canopies, fences, etc., for construction of any improvements in the public right-of-way, and for use of the public right-of-way for staging and/or hauling certain equipment and materials related to the Project.
38. The Applicant shall remove and reconstruct any existing improvements in the public right-of-way damaged during construction operations performed under any permits issued by the City.
39. Condensation from HVAC and refrigeration equipment shall drain to the sanitary sewer, not curb drains.
40. The occupants of the affordable housing unit shall have access to all amenities and common areas in the Project as do the occupants of all other units in the Project.
41. The one parking space accessed directly from the alley shall be considered part of and shall not be leased, rented, sold, or transferred in any way separate from the affordable housing unit. Any change to this requirement shall require approval by the City of Beverly Hills Planning Commission.
42. The outdoor open space associated with the affordable housing unit shall be delineated as shown on the approved plans, and shall be 22 2000820.2
maintained as private space for the affordable housing unit. Any change to this requirement shall require approval by the City of Beverly Hills Planning Commission.
43. The balconies on the western. building facade facing Crescent Drive shall be cut back such that they do not encroach into the required front yard setback.
44. Prior to the issuance of a building pennit for the project, the project applicant or developer shall provide notice to all property owners and occupants of residences on properties adjacent to the project site informing them of the project and including a copy of this Resolution.
Ill
Ill
Ill Ill
Ill Ill Ill Ill
23 '
Section 11. The City Clerk shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the City Council of the City.
Adopted: October 4, 2016
' '
ATIE�T: I' '· -YRj B �- ...... 0-�---1�·
---E�· _,__ --+ ..... ' (SEAL)
CityClerlc
APPROVED AS TO FORM:
�M\W LAURENCE S. WIENE¥
City Attorney
"
24 2000820.2
Attachment 4
17 262
214
203
202
188
305
303
301
217
215
209
339
327
321
315
309
303
269
268
263
257
256
251
248
245
239
238
233
227
226
221
215
209
203
197
185
303 304
302
301
300
333
330
320
310
250
240
232
226
220
208
191
185
178
170
160
302
268
270
256
246
232
224
216
212
202
9330
17 214
202
262
214
202
256
214
202
201
18864
262
202
214
202
333
310
240
190
232
226
320
310
220
178
310
320
220
178
190
330
240
170
232
226
320
220
178
330
240
170
232
226
320
220
178
240
330
170
232
226
320
220
178
160
2453927 23
250
24238
220
214
208
268
302
225
268
302
268
302
310
225
268
310
9330
9360
´
PROJECT SITE
LOCATION MAP FOR
PROJECT SITE AT
250 N. CRESCENT DR.
0 25 50 100 Feet
CRESCENT DR
CLIFTON WAY
DAYTON WAY
N CANON DR.
N REXFORD DR.
THE CITY OF
BEVERLY HILLS
PUBLIC WORKS & TRANSPORTATION
DEPARTMENT
345 FOOTHILL ROAD
BEVERLY HILLS, CA 90210
...._ , 2022 ,..11-------
Attachment 5
CITY OF BEVERLY HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: February 17, 2022
TO: Samer Elayyan, PE, Project Manager
FROM: Edgar Arroyo, Senior Planner
SUBJECT: Planning Compliance Review of Final Parcel Map No. 73399 for 250 North Crescent Drive
The Planning Division of the Community Development Department has completed its review of Resolution No. 16-R-13109, adopted by the City Council on October 4, 2019, which includes 44 Conditions of Approval.
This memorandum serves to confirm that all applicable conditions of approval pertaining to adoption of a Final Map for the subject project have been satisfied.
Sincerely,
Edgar Arroyo
Senior Planner
!!!:iiiro.Gii:!!!
BEVERLV
HILLS
Attachment 6
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
APN(s): 4343-003-004
NO FEE REQUIRED PURSUANT TO:
Government Code Sections 6103 and 27383
[Space above this line for Recorder's Use Only]
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION REFERENCE DATA
FINAL TRACT MAP NO. 73399 ("Final Map" herein)
BASED ON TENTATIVE TRACT MAP NO. 73399
PROPERTY LOCATION:
LEGAL DESCRIPTION OF
PROPERTY:
NAME AND ADDRESS OF
SUBDIVIDER:
CITY COUNCIL RESOLUTION OF
APPROVAL NO.:
IMPROVEMENT PLANS:
IMPROVEMENTS:
250 North Crescent Drive, Beverly Hills,
California
See Exhibit A - Legal Description of Property
(the "Property" herein)
BH Premier Investments, L.P
9440 South Santa Monica Boulevard
Beverly Hills CA 90210
16-R-13109 ("Resolution of Approval" herein)
Grading, Paving, and Horizontal Control Plan
(Sheet C1 .30) prepared by Levin-Morris
Architects, Inc., (hereinafter "Improvement
Plans," which include all Subdivision
specifications.)
See Exhibit B - Schedule of Improvements and
Section 1.A below
ESTIMATED TOTAL COSTS OF
IMPROVEMENTS:
PERFORMANCE
PAYMENT
WARRANTY
$ 29,000
$ 29,000
$ 2,900
B0785-000912569235v3.doc
TOTAL: $ 60,900
(hereinafter "Estimated Total Costs")
FORM OF IMPROVEMENT
SECURITY:
NAME AND ADDRESS OF SURETY:
Federal Insurance Company
436 Walnut Street
Philadelphia, PA 19106-3703
SURETY BOND NUMBERS:
EFFECTIVE DATE OF AGREEMENT:
[X] Surety bonds
[ ] Deposit of money
[ ] Other: ------
Performance Bond No.: K40160292
Payment Bond No.: K40160292
Warranty Bond No.: K401so292-M
COMPLETION PERIOD: All Improvements of Subdivision shall be completed within two (2) years from the Effective Date of the Agreement (hereinafter, "Completion Period"). **********************
2 8078S-0009\2569235v3.doc
TABLE OF CONTENTS
Page
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS O
2. SOILS TESTING AND REPORT 2
3. SPECIFICATIONS FOR IMPROVEMENTS 3
4. INSPECTION OF WORK AND FINAL ACCEPTANCE 3
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS .4
6. TIME EXTENSIONS 4
7. IMPROVEMENT SECURITY 5
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY 6
9. INDEMNIFICATION OF CITY BY SUBDIVIDER 8
10. INSURANCE 10
11. OWNERSHIP OF THE IMPROVEMENTS 16
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY 16
13. RELATIONSHIP OF THE PARTIES 18
14. ASSIGNMENT 18
15. NOTICES 18
16. ENTIRE AGREEMENT 19
17. SEVERABILITY 19
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS 19
19. GOVERNING LAW; VENUE 19
20. COUNTERPARTS 19
21. LIENS 20
22. EFFECTIVE DATE OF THE AGREEMENT 20
Exhibit A - Legal Description of Property
Exhibit 8 - Schedule of Improvements for Subdivision
Exhibit C - Form of Improvement Securities
Exhibit D - Consent and Subordination Agreement
(i)
B0785-000912569235v3.doc
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beverly Hills, a California municipal corporation (the "City"), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws").
B. A tentative tract map of the Subdivision was previously approved by the City, subject to the Subdivision Laws and to the City's standard requirements and conditions of approval contained in the Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.
C. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the Resolution of Approval and either: (i) complete, in compliance with City standards, all of the Improvements and land development work required by the Subdivision Laws and the Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the Improvements and land development work within a period of time specified by the City.
D. In consideration of approval of the Final Map for the Subdivision by the City Council, the Subdivider desires to enter into this Agreement whereby the Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. The Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City, as set forth herein.
E. Improvement Plans, as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Exhibit B hereto, have been prepared by the Subdivider, approved by the Director of Public Works or his/her designee (the "Director"}, and are on file in the office of the Director. Said Improvement Plans are incorporated herein by this reference.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, the Subdivider and the City agree as follows:
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more -0-
B0785-0009\2569235v3.doc
specifically described in the tentative map and in the Resolution of Approval relating thereto (collectively, the "Improvements").
B. To the extent necessary to construct the Improvements, as determined by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Subdivider and the City.
C. Subject to any time extensions granted in accordance with Section 6 of this Agreement, the Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data; provided, however, that if the Director reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the Director shall give Subdivider not less than fifteen (15) business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall describe the work to be done by the Subdivider, the time within which the work will commence, the period within which the work will be completed, and the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of said Improvements may be required to be commenced and/or completed at a specified time, providing the foregoing criteria are met. If the Subdivider objects to acceleration of the schedule as specified by the Director, the Subdivider may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after the effective date of the written notice from the Director.
D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 4 of this Agreement.
As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes for said points.
E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the Director.
F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City's remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the later of the following time periods: (i) the category of Improvements as set forth on Exhibit B is accepted by the City; or (ii) the expiration of the required oneyear guarantee and warranty period as specified herein; or (iii) the expiration of any applicable period of time specified in any other agreement or obligation imposed on the -1-
B0785-0009\2569235v3.doc
Subdivider regarding the Subdivider's obligation to maintain the Improvements. Neither the City, nor its officers, officials, employees, agents nor volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to the end of the time period listed above, except if caused by the sole misconduct of the City.
G. In addition to, and separate from: (1) the indemnity obligations contained in Section 9 of this Agreement, (2) the care, repair and maintenance provisions under Subsection F of this Section 1 of this Agreement; and (3) the warranty and guarantee provisions of Section 5 of this Agreement, the Subdivider shall repair and correct, or be liable to the City for any cost to repair and correct, any defect in the construction of the Improvements that is identified by City within ten (10) years after City's acceptance of the Improvement, provided the City provides notice to Subdivider of the existence of the defect within that time period, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of the Subdivider. Nothing contained in this Subsection is intended to limit or otherwise waive any right or cause of action under applicable construction defect law that City may assert against the Subdivider.
H. The Subdivider shall, at its sole expense, obtain, or cause contractor to obtain, all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all taxes required by law. Additionally, the Subdivider shall pay all fees and costs required by the City's ordinance or resolution, as set forth in the applicable fee ordinance or resolution as adopted by the City Council from time to time, and required for the development of the Subdivision, including but not limited to, building permit fees, final map filing fee, final map plan check fees, final map monumentation fees, grading permit fees, plan check and review fees, encroachment permit fees, and inspection fees.
I. Not less than fifteen (15) days prior to commencement of work on the Improvements, the Subdivider shall give written notice to the Director of the date fixed for such commencement of work so that the Director shall have adequate time to schedule all necessary inspections.
J. Subdivider shall provide the City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as-built conditions as specified in the Resolution of Approval prior to the acceptance of Improvements and release of bonds or other security.
2. SOILS TESTING AND REPORT
A. In the event the Director determines that soil testing is required for the Improvements, the Subdivider shall employ and pay for a Soils Engineer acceptable to the Director of the City, and the Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and design for the Improvements in accordance with the requirements set forth in the Improvement Plans, and to the extent applicable, the APWA Standard Specifications for Public Works Construction (Southern California Chapter) (popularly known as, and hereinafter, the "Greenbook"), as approved by City.
B. The Soils Engineer shall provide the City the reports containing the results of the testing, the interpretation of the results and the Improvement design done in B0785-0009\2569235v3. doc
connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable provisions of the Greenback, as approved by the City, and good engineering practices. All reports and the certificates shall be mailed or delivered to the City. Soils Engineer shall not provide the resulting reports to any third party. If such reports are requested by a third party, Soils Engineer shall notify City.
C. The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the Director.
3. SPECIFICATIONS FOR IMPROVEMENTS
Subdivider shall construct, at Subdivider's own expense, all of the Improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this Agreement as though set forth at length herein: Improvement Plans, as designated above in the Subdivision Reference Data, on file in the office of the Director.
Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within City right of way and property, to City for public use.
4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the Director and other City personnel and inspection consultants.
B. Upon completion of the work on all of the Improvements specified in Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the Director. Within forty-five (45) days of receipt of the written letter request, the Director shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the Director determines that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the Director shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City, the Director's certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the Director or some other official of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider's written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with the City's formally adopted fees and rates.
C. Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the Director -3-
B0785-0009\2569235v3.doc
following inspection of said public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the Director's recommendation that such public Improvements have been completed within thirty (30) days following certification by the Director, or at the next available meeting after the thirty (30) days has passed.
Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by the City or such other public entity of any defects in the Improvements.
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Within the period commencing on the date all of the Improvements are accepted by the City, if any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty on behalf of the Subdivider shall be separate from and in addition to the Improvement Security defined and described in Section 7 A(3) of this Agreement.
B. Should the Subdivider fail or refuse to act promptly or in accordance with Subsection A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. The City shall provide a bill to the Subdivider of the total costs of such repair, replacement, or reconstruction, and the Subdivider shall immediately reimburse the City for those total costs. If the Subdivider does not immediately pay the total costs incurred, the City may opt to tender on the Subdivider's Improvement Securities as defined in Subsection 7 A, and/or take any other lawful actions to recover any nonpayment or deficiency.
6. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the Director. As used herein, "good cause" may include, without limitation: delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by the native American monitors(s); and the order of any court or the City. Any time extension must be in writing and approved by the Director to be valid.
B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an Improvement Security pursuant to this Agreement.
80785-0009\2569235v3.doc
C. As a condition of any time extension provided for herein, the Director may require the Subdivider to furnish new or modified Improvement Security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the Director.
7. IMPROVEMENT SECURITY
A. Prior to the City's execution of this Agreement, the Subdivider shall provide as security to the City the following (collectively, "Improvement Securities" and individually, an "Improvement Security"):
1. For Performance: Performance Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Performance Security, the Subdivider assures faithful performance under this Agreement, as demonstrated by the City's acceptance, in accordance with the Resolution of Approval and Improvement Plans.
2. For Payment: Payment Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Payment Security, the Subdivider guarantees payment to all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code.
3. For Warranty: Warranty Security in an amount equal to ten percent (10%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data, must be provided before final completion and the acceptance of any category of Improvements by the City. With this Warranty Security, the Subdivider guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 5 hereof.
B. Each Improvement Security shall be a bond issued by a California admitted surety insurer or insurers having a Best rating of A or AA in substantially the form set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and shall be subject to the approval and acceptance by the City Attorney and the City Council.
If, in the opinion of the City, any surety or sureties thereon (i) become insolvent or liquidated, or any bond cannot be tendered upon for the full penal sum for any reason; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Subdivider shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within thirty (30) days after receiving from City written demand therefor.
C. Each Improvement Security shall be kept on file with the City Clerk. If a surety bond is replaced by another approved bond, the Subdivider shall submit the replacement bond to the City Clerk, and upon acceptance by the City Attorney, the replacement Improvement Security shall be deemed to have been made a part of and -5-
B0785-0009\2569235v3.doc
incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former Improvement Security shall be released.
D. In lieu of payment and performance bonds, Subdivider may furnish City either cash, a Letter of Credit, or an Agreement of Deposit or other security satisfactory to City Attorney as security for performance (see Schedule 8). Said security shall be in an amount not less than 100% of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in an amount not less than 100% of the cost estimate. Said security agreements shall be on forms furnished by City. No alterations or substitution of said forms shall be allowed. The obligations of Subdivider shall not be limited by the amount of the security required. No interest shall be paid to Subdivider on any cash deposit made pursuant to this paragraph.
E. The Subdivider shall automatically increase the amount of each Improvement Security by an amount equal to ten percent (10%) of the deposited security every year, subject to the provision that the Director may at any time determine that a greater increase in the amount of the Improvement Security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional Improvement Security within thirty (30) days after receiving demand and justification therefor.
F. Modifications of the Improvement Plans and the Improvements, not exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or release any Improvement Security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider shall furnish additional Improvement Securities for performance, payment, and guarantee as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. Alternatively, the Subdivider may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised.
G. All Improvements shall be completed within the Completion Period listed in the Subdivision Reference Data. Subject to any time extensions granted in accordance with Section 6 herein, if the Subdivider has not completed the Improvements within this specified time, the Subdivider shall be in default.
H. Alternatively, in the event of a default by the Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, the City, at its sole option, shall have the right, without limiting any other rights and remedies available to the City at law or in equity, to draw upon or utilize any or all Improvement Securities furnished herewith to construct and install the Improvements itself.
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Performance Security shall be released in full upon the occurrence of both of the following:
B0785-0009\2569235v3.doc
1. All "Public Improvements" (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, certified completed by the Director and then accepted as complete by the City Council.
2. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then certified as complete by the Director.
B. Partial releases or reductions in the Subdivider's Performance Security may be authorized prior to the City's acceptance of all Improvements required hereunder, as follows:
1. At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the Director shall review and comment or approve the completion of the required work within forty-five (45) days. If the Director does not agree that all work has been completed in accordance with the plans and specifications for the improvements, the Director shall supply a list of all remaining work to be completed within this forty-five (45) day period.
2. Within forty-five (45) days of receipt of the list of remaining work from the Director, the Subdivider may then provide cost estimates for all remaining work for review and approval by the Director. Upon receipt of the cost estimates, the Director shall then have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this Section prohibits the City from allowing for a partial release as the Director otherwise deems appropriate.
3. If the Director approves the cost estimate, the Director shall release all Performance Security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of Performance Security shall occur when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original Performance Security unless the Director allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the Performance Security, subject to the approval of the Director. If substitute bonds or other security is used as a replacement for the Performance Security released, the release shall not be effective unless and until the Director receives and approves that form of replacement security. A reduction in the Performance Security, authorized under this Section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the Subdivider until all required Public Improvements have been accepted by the City and all other required improvements have been fully completed in accordance with the plans and specifications for the Improvements.
-7-
B0785-0009\2569235v3.doc
4. The Subdivider shall complete the Improvement until all items are accepted by the City.
5. Upon the completion of the work on all of the Improvements specified in Exhibit B, the Subdivider, or his or her assigns, shall request in writing a final inspection in accordance with Subsection 48, and within forty-five (45) days of the Director's certification that the project is complete, the release of any remaining performance security shall be placed upon the agenda of the City Council for approval of the release of any remaining performance security.
C. Payment Security shall, after passage of the time within which claims of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no claims have been recorded, the security shall be released in full.
D. The partial release provisions of this Section 8 shall not apply to any required guarantee and warranty period required by Section 66499.9 of the California Government Code for the guarantee or warranty nor to the amount of the Warranty Security deemed necessary by the City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within sixty (60) days after the completion of the one-year period following completion and acceptance of all Improvements.
E. If Subdivider's obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement Performance Security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after the Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction, and such Improvement Security shall be promptly released.
F. In the event the time periods for action by the City or other governmental agency specified in this Section conflict with a shorter or longer time period for such actions as provided in California Government Code Section 66499. 7 or 66499.8, the time periods in Government Code Section 66499.7 and 66499.8 shall control.
9. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, officials, employees, agents and volunteers (collectively, "City Personnel"), shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the acts or omissions of the Subdivider under this Agreement including, but not limited to, construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective or inferior methods, materials, workmanship, or design (collectively, "Subdivider's Faults"), of the Improvements by Subdivider, its officers, employees, -8-
B0785-0009\2569235v3.doc
contractors, subcontractors and agents. Subdivider shall indemnify, hold harmless and defend the City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys' fees, arising directly or indirectly out of or attributable to Subdivider's Faults, including Subdivider's acts or failure to act.
B. Subdivider's obligations under this Section 9 are not conditioned or dependent upon whether the City, or City Personnel, prepared, supplied or reviewed any Improvement Plans in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.
C. Subdivider's obligation to indemnify, hold harmless and defend the City and City Personnel shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider's Faults, including without limitation, design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider's design or construction of Improvements. Except for a City Directive as defined below, the City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. The City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a "City Directive"). After the City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction or Subdivider's Faults (other than those required by a City Directive). The Subdivider's indemnity obligations hereunder shall remain in effect for ten (10) years following acceptance of the respective lmprovement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the Subdivider's Faults with respect to the Improvements and other work done pursuant to this Agreement, unless the same is due to a City Directive. The City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans, or in inspecting, reviewing or approving any work or construction of Improvements, unless the same is due to a City Directive. The Subdivider's Improvement Security shall not be required to secure the Subdivider's obligations under this Subsection C beyond the one-year guarantee and warranty period set forth in Subsection 7(A)(3) of this Agreement.
D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City and City Personnel to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided the City gives the Subdivider prompt written notice of such claim.
E. Subdivider's obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel. -9-
B0785-0009\2569235v3.doc
F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City and City Personnel to the extent of the indemnity above provided.
10. INSURANCE
A. The following coverages shall be obtained and maintained by Subdivider and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor's insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below as "Insurance After Construction." In addition, Subdivider may elect to obtain, for all or any portion of the Project, an "Owner-Controlled Wrap Up" insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word "Subdivider" refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor. Subdivider may satisfy insurance requirements contained herein by Subdivider's master insurance policies covering other operations and locations.
B. Insurance During Construction
Subdivider shall obtain and maintain the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider's General Contractor:
1. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on Insurance Services Offices ("ISO") ISO-CGL Form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance, primary or excess, available to City or any City Personnel. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance
-10-
B0785-0009\2569235v3.doc
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
3. Business Auto Coverage
Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than five million dollars ($5,000,000) each accident. City and City Personnel shall be added as additional insureds using a form reasonably acceptable to the City.
4. Workers' Compensation/Employer's Liability
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents.
5. Builder's Risk Insurance
Builder's Risk Insurance covering all real and personal property for "all risks" of loss or "comprehensive perils" coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider's lender or if available at commercially reasonable rates) and flood for all Improvements.
C. Insurance After Construction
Upon completion of construction of the Improvements, and for the required guarantee and warranty period (unless such longer period of time is specified herein), Subdivider at Subdivider's expense shall obtain and maintain or cause to be maintained the following insurance:
1. Commercial Property Insurance
-11-
80785-0009\2569235v3.doc
Commercial Property Insurance covering the Improvements. Coverage shall be at least as broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure one hundred percent (100%) of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder's all-risk insurance using an inland marine form during the period of any major alteration or improvement, using the broadest form available. This requirement may be satisfied through a combination Builders' Risk and Property Insurance master policy at Subdivider's option.
The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasonable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort be Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider's inability to obtain, in full, the required insurance, and in such event, Subdivider's obligation to procure and maintain such insurance as unobtainable shall be excused. Subdivider and City agree that a premium cost of earthquake insurance coverage of up to one hundred percent (100%) of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost.
Non-availability at commercially reasonable premium cost must be documented by a letter from Subdivider's insurance broker or agent indicating a good faith effort to place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.
2. Commercial General Liability Insurance
Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds.
Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel.
3. Umbrella Liability Insurance
Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis. There shall be no cross liability exclusion. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a -12-
B0785-0009\2569235v3.doc
starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.
4. Workers Compensation Insurance
Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.
5. Business Auto Coverage
Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than five million dollars ($5,000,000) each accident. City and City Personnel shall be added as additional insureds using a form reasonably acceptable to the City.
D. Provisions Pertaining to Insurance Provided by Subdivider
1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable.
Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider's employees, or agents, from waiving the right of subrogation prior to a loss. Subdivider waives its right of subrogation against City.
B0785-0009\2569235v3.doc
4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.
5. Unless otherwise approved by City, Subdivider's insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of at least "A-:VII." Selfinsurance will not comply with these insurance specifications unless expressly approved in writing by the City.
6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the noncompliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.
7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider's general liability policies using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City. Certificate(s) are to reflect that the insurer will provide 30 days' notice of any cancellation of coverage and policies are to have a "cancellation endorsement" to the same effect. Subdivider agrees to provide complete copies of all required insurance policies, including without limitation, any endorsements modifying coverage in any way, upon request from City.
8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such evidence shall be in the form of a certificate of insurance.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers' compensation (statutory benefits). The requirement for general liability may be satisfied by Subdivider through the procurement of an OCIP policies covering some or all of the subcontractors.
Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.
-14-
B0785-000912569235v3.doc
11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage.
Subdivider agrees that upon request, all certificates of insurance obtained in compliance with this Section will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.
12. Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.
13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.
14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.
15. Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and City Personnel by using as a defense Subdivider's statutory immunity under workers' compensation and similar statutes.
16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.
17. If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.
18. Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) for each occurrence, until the warranty period specified in this Agreement expires.
19. Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than one million dollars ($1,000,000) per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, -15-
B0785-000912569235v3.doc
Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City's perception of liability exposure associated with the work that would be performed by that design professional.
20. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.
11. OWNERSHIP OF THE IMPROVEMENTS
A Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder.
B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City, each Improvement that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may, subject to approval of the City, close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY
A Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to complete construction and installation of the Improvements or any of them by the Completion Date;
2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the guarantee and warranty period required by Subsection 5(A) of this Agreement, or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists; -16-
B0785-0009\2569235v3.doc
3. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to perform substantial work on the Improvements or on any of them, after commencement of work on same, for a period of thirty (30) days after written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
5. Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after written notice thereof from the City; or
6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in the Agreement for the performance of that obligation, or if no time is specified, within thirty (30) days after written notice thereof from the City.
B. The City reserves to itself all remedies available to it at law or in equity for any breach of the Subdivider's obligations under this Agreement. After written notice to the Subdivider of alleged default and failure by the Subdivider, and failure by Subdivider to promptly commence the cure of any alleged default and diligently prosecute such cure to completion, the City shall have the right, without limitation of other rights or remedies, to tender against, draw upon or utilize any or all Improvement Securities furnished hereunder to complete the Improvements, or request said surety take over and complete the Improvements, or otherwise mitigate the City's damages in the event of the Subdivider's default.
C. The Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, the City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
D. Following the written notice of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to the Subdivider as may be on the site of the work and necessary for the performance of the work. The Subdivider hereby consents to such entry by the City and its representatives, including employees, agents, and contractors, upon any real property in the Subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following the Subdivider's default.
E. The Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, the City will confer substantial rights upon the Subdivider, -17-
B0785-0009\2569235v3.doc
including the right to sell, lease or finance lots or units within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, the City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by the Subdivider.
F. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider's contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Subdivider's obligations under this Agreement. The Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of the City.
14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.
B. The sale or other disposition of the Subdivision shall not relieve the Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire Subdivision to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon the City's approval of the novation and substitution of Improvement Securities, the Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement.
15. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows:
-18-
B0785-0009\2569235v3.doc
If to the City: City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 9021 O
Attn: City Engineer
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attn: David Snow, Esq.
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may
subsequently be designated in written notice to the City.
Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail, shall be deemed effective on the date of delivery or attempted delivery shown on the return receipt, and notices given by overnight courier shall be deemed effective one (1) business day following delivery to the overnight courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, as specified herein.
16. ENTIRE AGREEMENT
This Agreement, along with the conditions of approval and mitigation measures that were imposed previously by the City, constitutes a single, integrated written contract, expresses the entire agreement of the parties with respect to its subject matter, and supersedes all negotiations, prior discussions and preliminary agreements. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the Director.
17. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, and Exhibits A and .!;!, are attached hereto and incorporated into this Agreement.
19. GOVERNING LAW; VENUE
This Agreement shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Venue for any action relating to this Agreement shall be in the Los Angeles County Superior Court.
20. COUNTERPARTS
-19-
B0785-0009\2569235v3.doc
With a copy to:
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
21. LIENS
Subdivider represents and warrants that Subdivider owns the Property, and that there are no encumbrances on the Property that would prohibit or interfere with this Agreement or the rights granted to City hereunder, and that there are no monetary liens, except for property taxes and assessments not yet delinquent) affecting the Property except for that certain Deed of Trust recorded May 31, 2019, in the office of the County Recorder of the County of Los Angeles, California, as instrument number 20190499886, executed by Commonwealth Land Title Insurance Company, as trustee for the benefit of City National Bank, a national banking association. Subdivider has obtained from such beneficiary a consent and subordination in the form attached hereto as Exhibit D, duly executed by such lien holder and acknowledged, and has delivered it to the City for recordation. Final Map No. 73399 shall not be recorded until such fully executed lien holder consent and subordination has been delivered to the City and has been recorded.
Beneficiary shall not be liable for the improvement obligations under this Agreement.
22. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures.
[Note: All signatures must be
acknowledged by a notary public and the
acknowledgement must be attached.]
80785-0009\2569235v3.doc
BH Premier Investments, L.P
By: BH Principal Equity, LLC, its General Partner
-20-
AITEST:
By:----------�
(SEAL)
Huma Ahmed, City Clerk
APPROVED AS TO FORM:
/,,____ VBy:�----------
Laurence S. Wiener, City Attorney
B0785-0009\2569235v3.doc
"CITY"
CITY OF BEVERLY HILLS
Robert Wunderlich, Mayor
Date: _
APPROVED AS TO CONTENT:
-21-
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 Lu$ "'-j&
On tJr111 · /(, 41 before me, Jou/.,, Lu,·s-in> ,Nota.ryl?ublic personally appeared ___,,Nd�-o(..c---'-' -__ · S)__..,o.._r_'1A.. _
_ �_ · _
who proved to me on the basis of satisfactory evidence to be the person(s}whose namejs) is/are-subscribed to the within instrument and acknowledged to me that he/s �executed the same in his/ll.el=l#leir authorized capacity, and that by his/'hefAAeir signature(.s,) on the instrument the persorus), or the entit}'fles) upon behalf of which the perso �) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
B0785-000912569235v3.doc
z
z
>
WITNESS my hand and official seal.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF _
On before me, -------------��· N�o�at =ry"""'-'-P�u=b=ic�l----- 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
B0785-0009\2569235v3.doc
Signature of Notary Public
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BEING A SUBDIVISION OF LOT 4, BLOCK 15 OF BEVERLY, RECORDED IN BOOK 11, PAGE 94 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN(s): 4343-003-004
EXHIBIT B
SCHEDULE OF IMPROVEMENTS FOR SUBDIVISION
FINAL TRACT MAP NO. 73399
CATEGORIES
OF
IMPROVEMENTS
1) Removal and
Replacement of curb and
gutter fronting the property
2) Removal and
Replacement of sidewalk
fronting the property
3) Alley Improvements
4) Mobilization, Traffic
Control, and Demobilization
AMOUNT OF
ESTIMATED
TOTAL COST
$7,000
$6,000
$6,000
$10,000
AMOUNT OF
PERFORMANCE
SECURITY
$7,000
$6,000
$6,000
$10,000
8-1
AMOUNT OF
PAYMENT
SECURITY
$7,000
$6,000
$6,000
$10,000
AMOUNT OF
WARRANTY
SECURITY
$700
$600
$600
$1000
CATEGORIES
OF
IMPROVEMENTS
TOTAL
TOTAL PERFORMANCE
SECURITY
TOTAL PAYMENT
SECURITY
TOTAL WARRANTY
SECURITY
AMOUNT OF
ESTIMATED
TOTAL COST
$29,000
$29,000
$ 2,900
AMOUNT OF
PERFORMANCE
SECURITY
B-2
AMOUNT OF
PAYMENT
SECURITY
AMOUNT OF
WARRANTY
SECURITY
B0785-0009\2569235v3.doc
EXHIBIT C
Form of Improvement Securities
1. Performance Bond
2. Payment Bond
3. Warranty Bond
C-1
***Executed in Duplicate***
Bond No. K40160292
Premium: $435.00
FAITHFUL PERFORMAI\CE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Beverly Hills, State of California, and B.H. Premier Investments. LP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20.lL_, and identified as project 250 North Crescent* , is hereby referred to and made a part hereof; and *Drive, Beverly Hills. CA 90210
Whereas, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the Principal and Federal Insurance Company, as surety (hereinafter designated as "Surety"), are held and firmly bound unto the City of Beverly Hills in the penal sum of Twenty-Nine Thousand dollars ($29,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his, her, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his, her, its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Beverly Hills, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Beverly Hills in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
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 thereunder or the specifications accompanying the same shall in anywise affect its obligations on 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. -1-
B0785-0009\2569235v3.doc
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: November 15. 2021
B.H. Premier Investments. LP
By: ffi Prircii:a].. -Equity LI..C, its General.. Partner (Seal)
usurety"
Federal Insurance Company
436 Walnut Street
p . I .mia, p .
By:
Its:
(Seal)
Edith Gariba
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
By: -/
q{-�
r .»
V-..
APPROVED AS TO FORM:
CITY OF BEVERLY HILLS
B0785-000912569235v3.doc
-2-
Laurence S. Wiener, City Attorney
C
•
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Lo.t ��
On fJdf!tHW- I", J,.q21 before me, Joctl'J#l fc,c,cslnJ, ...Ve� l'iJ;;c· Date Here Insert Name ana Title of the Officer
personally appeared M_d-,l._ -_�_,--._6l-1_eotA�-· --------------- Name(s) of Signer(s)
WITNESS my hand and official seal.
ooooeoeeeeool
@ JOCELYN LUISTRO I Notary Public - California ,.
� Los Angeles County �
z Comm �s 'on JI 2227923
My Comm. Expires Feb 1 . 2022
who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s) ls/ase subscribed to the within instrument and acknowledged to me that he/sl:ieAhey executed the same in his/�r authorized capacity{ies}, and that by his/h8r/tfleir signature{&} on the instrument the person(s), or the entity __ upon behalf of which the person(s).acted, executed the instrument.
I certify under PENAL lY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Sea/ Above
Signe.r's Name: _
O Corporate Officer - Title(s): _
O Partner - D Limited O General
O Individual D Attorney in Fact
O Trustee D Guardian or Conservator
O Other: --------------
Signer Is Representing: -=- · -------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: t=a.,;f� I�--. 1>67v(.oocument Date: If /1�-/2 .. 02-1 Number of Pages: .J.. Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by �igner(s) .
D
Sig
C
n
o
e
r
r
p
's
or
N
a
a
te
m
O
e:
fficer
M
-
U\.J.....
Title(s):
�
_
D Partner - D Limited D General
D Individual O Attorney in Fact
O Trustee D Guardian or Conservator
171 Other: Ma..ri 6, er � G . I'·
S
•
igner Is Representing: &H flt,,m1« ::fiw ·
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On l \--1 $:., 3..0Jb \ before me, _K_m_i _H re__e i_d ,_a oN _t_rya ...;._P_u_lb_c i , Date Here Insert Name and Title of the Officer personally appeared Edith Ga_i_r ab _y _
NameJBf of Signe,:fl!f
Signature �J:;. f :=::>
Kim Heredia Signature of Notary Public
KIM HEREDIA
Not•ry Public • California
Orange County f
' Commission # 2268985
My Comm. Expires Dec t, 2022
who proved to me on the basis of satisfactory evidence to be the persor1'8j' whose nameJir'js/aFe"'"" subscribed to the within instrument and acknowledged to me that J;)efshe� executed the same in .,bis/her/.tAel'r authorized capaci�and that by J;Ms7her/tbef(signature..£sron the instrument the perso,M, or the entity upon behalf of which the person"8(acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Sea/ Above ��������������-oPT/ONAL��������������- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Signer's Name: _
C Corporate Officer - Title(s): _
O Partner - ::J Limited C General
C Individual O Attorney in Fact
C Trustee O Guardian or Conservator
O Other:-------------�
Signer Is Representing: ---------
Description of Attached Document
Title or Type of Document: Document Date: _
Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s)
Signer's Name:------------ = Corporate Officer - Title(s): _ = Partner - ::J Limited O General = Individual X: Attorney in Fact = Trustee :J Guardian or Conservator :::J Other:----------·-----
Signer Is Representing: ---------
©
.<,.<
2 gc
01 g;
4 .gog;
Natio
�
nal Notary
™
Assoc
�
iation· www.NationalNotary.org
'QC
•
�
1-800-U
'Q<
S
.X.
N
0 O
9<.
T
&
A
0 R
!i.
Y
<,Q
(
O
1-
Q<
8 ,
0 'Q<.
0 i
-
Q
8 C
7 .;µ:,
6-
�
6827) Item #5907
***Executed in Duplicate***
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. K40160292
Premium: Included in Performance
Bond.
Whereas, the City Council of the City of Beverly Hills, State of California, and B.H. Premier Investments, LP(hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated , 2011....., and identified as project 2so North cresoe!!r is hereby referred to and made a part hereof; and •onve, Beverly Hills, CA 90210
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beverly Hills to secure the claims to which reference is made in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code.
Now, therefore, the Principal and Federal Insurance Company , as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City of Beverly Hills and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code in the sum of Twenty-Nine Thousand dollars ($ 29.000.00 ), 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 attorneys' fees, incurred by the City of Beverly Hills 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 Part 6 (commencing with Section 8000) 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.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
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.
-1-
B0785-0009\2S6923Sv3.doc
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: November 15, 2021
"Principal"
B.H. Premier Investments, LP
By: IE Principtl Equity, UC, its General Partner
fy:��:)
(Seal)
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
B078S-0009\2569235v3.doc
"Surety"
Federal Insurance Company
436 Walnut Str t
Phi a
Its:
(Seal)
APPROVED AS TO FORM:
CITY OF BEVERLY HILLS
By:�
Laurence S. Wiener, City Attorney
\
C
•
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of L,q -s ��
On Mltlt�� /fl, J4$.t before me, J,ut.,'1,., �i..rh, Nt1� ,e,,c,J/, c,, Date Here Insert Name and Title of the Officer
personally appeared /11_-e.(_c,(.._'_£__,, �_A,,,_-· -------------- Name(s) of Signer(s)
WITNESS my hand and official seal.
eeeeeeeeeeeef
who proved to me on the basis of satisfactory evidence to be the person(s) whose name{&) is/31=9 subscribed to the within instrument and acknowledged to me that he/sbeAl:ley executed the same in his/h.el:AReir authorized capacity(iPs), and that by his/l'l8rltkeir signaturs(s) on the instrument the person(s), or the entity .. upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Sea/ Above ���������������OPTIONAL��������������� Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document I
Title or Type of Document: /JIJl'fhierJ: e� . Document Date: ///IS-/242.-, Number of Pages: J.. Signer(s) Other Than Named Above: ------------ Capacity(ies} Claimed by Signer(s}
Signer's Name: M el...k." S11r� M ·
D Corporate Officer - Title(s): _
D Partner - 0 Limited D General
D Individual O Attorney in Fact
D Trustee O Guardian or Conservator
�Other: ,M��G:1.
Signer Is Representinb: Bf/ fr,,,,,,.,,-u- Jl'W ·
Signe.r's Name: _
O Corporate Officer - Title(s): _
O Partner - 0 Limited O General
O Individual O Attorney in Fact
O Trustee O Guardian or Conservator
O Other: --------------
•
Signer Is Representing: -'- . -------
©2014 National Notary Association· www.NationalNotary.c:irg • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On \\-\5-�\ before me, Kim Heredia, Notary Public
Date
personally appeared Edith Garibay
Here Insert Name and Title of the Officer
Namejef of Signer.(81"
who proved to me on the basis of satisfactory evidence to be the persor1'8r whose name.J.iris/� subscribed to the within instrument and acknowledged to me that ,befshe/M executed the same in )lis/her/..tl-tetf authorized capaci�and that by .J;Ms7her/tbeff'signature-'8ron the instrument the persor1'8r. or the entity upon behalf of which the person.(a(acted, executed the instrument.
I certify under PENAL TY 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 "'<·H ?
Kim Heredia Signature of Notary Public
Place Notary Sea/ Above ��������������-oPTIONAL��������������- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: --------
Number of Pages: Signer(s} Other Than Named Above: --------- ---- Capacity(ies) Claimed by Signer(s)
Signer's Name:------------
=corporate Officer - Title(s}: _
=Partner - CJ Limited O General = Individual Xl Attorney in Fact C:: Trustee :J Guardian or Conservator
::C Other:---------------
Signer Is Representing:---------
m����-
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Signer's Name: _
D Corporate Officer - Title(s): -------
O Partner - :J Limited =: General
D Individual :J Attorney in Fact
O Trustee o Guardian or Conservator
D Other:
Signer Is Representing: ---------
***Executed in Duplicate***
Bond No. K40160292-M
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Whereas, the City Council of the City of Beverly Hills, State of California, and B.H. Premier Investments, LP (hereinafter designated as "Principal") have entered into an agreement, dated , 20.6..l_, and identified as project 250 North Crescent*, is hereby referred to and made a part hereof; and
.. Drive, Beverly Hills, CA 90210
Whereas, Principal is required under the terms of said agreement to furnish a bond for the good and sufficient warranty of all of the improvements installed pursuant to said agreement
Now, therefore, we, the Principal and Federal Insurance Company , as surety (hereinafter designated as "Surety"), are held and firmly bound unto the City of Beverly Hills in the penal sum of Two Thousand Nine Hundred dollars ($2.900.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall remedy, without cost to the City of Beverly Hills, any defects which may develop during a period of one (1) year from the date of the completion and acceptance of the last of the improvements installed under the agreement, caused by defective or inferior design, materials, workmanship or maintenance as determined by the City, and shall indemnify, defend and hold harmless the City of Beverly Hills, its officers, officials, employees, agents and volunteers for any and all claims, demands, causes of action, judgments, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense, which arise out of, pertain to, or relate to such defects or inferior design, materials, workmanship or maintenance or to the Principal's actions or inactions in remedying such defects or inferior design, materials, workmanship or maintenance, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
If suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Beverly Hills in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City of Beverly Hills is the principal beneficiary of this bond and has all rights of a party hereto.
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 thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, -1-
B0785-0009\2569235v3.doc
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, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body.
Dated: November 15, 2021
"Principal" "Surety"
B.H. Premier Investments, LP Federal Insurance Company
By: m: Primiptl Equity, U.Cr its General Partner 436 Walnut Street Philadel · 19106-3703
(Seal)
Note: This bond must be executed in duplicate and
dated, all signatures must be notarized, and
evidence of the authority of any person signing
as attorney-in-fact must be attached.
(Seal)
APPROVED AS TO FORM:
CITY OF BEVERLY HILLS
By:�-
B0785-0009\2569235v3.doc
-2·
Laurence S. Wiener, City Attorney
C
•
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Lis 4nj � )
On f4ve,,,..ht4 /<,, :loU before me, Jpu /'1,, &".rk, A.J,� j/�/,c Date tY Here Insert Name andiitle of the Officer
personally appeared M_. .e-__U_'_..fb_nvt __
e,(.,.· _
_
Name(s) of Signer(s)
WITNESS my hand and official ,!>Bal. 1······JO·CEL·YN L·UIS·TRO ··, : i)··· - , Notary Public - California : i . ��· · Los Angeles County ! · .. Comm1ss10n # 2227923
My Comm Expres Feb 1.2022
who proved to me on the basis of satisfactory evidence to be the person� whose name{s) is/ai:e subscribed to the within instrument and acknowledged to me that he/SRelthey executed the same in his/h�r authorized capacity(ies);-and that by his!Refltheir signature(s) on the instrument the persOH{s), or the entity.upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Sea/ Above ��������������-oPT/ONAL��������������- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Signe.r's Name: _
D Corporate Officer - Title(s): _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: --------------
Signer Is Representing: _ . _
Description of Attached Document
Title or Type of Document: WC\...rre,;cd'j �� Document Date: __ 11-/_.s-._u_i._1 _ Number of Pages: :J... Signer(s) Other Than Named Above: ------------ Capacity(ies} Claimed by Signer(s}
Signer's Name: fvld,.Jj �,....,,u
O Corporate Officer - Title(s): _
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
;;tOther: � ::;,C/·
S
•
igner Is Representini .ifl l�:v J'>,.,v ·
©2014 National Notary Association· www.NationalNotary.cirg • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On ll-\ . 5-d.Qo-\
Date
before me, Kim Heredia, Notary Public
Here Insert Name and Title of the Officer
personally appeared Edith Garibay
Name,M of Signer.(l!J"
who proved to me on the basis of satisfactory evidence to be the perso�whose name...(.ir'is/� subscribed to the within instrument and acknowledged to me that J;iershe� executed the same in )lis/her/..tAetf authorized capaci�and that by .b,is7her/tpef('signature .. £S,"'on the instrument the persor1'8r. or the entity upon behalf of which the person.£.aracted, executed the instrument.
I certify under PENAL TY 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 "t;, � ':7
Kim Heredia Signature of Notary Public
Place Notary Sea/ Above ���������������oPT/ONAL��������������- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: --------
Number of Pages: Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s)
Signer's Name:------------
=corporate Officer - Title(s): _
=Partner - TI Limited :J General
=:Individual X! Attorney in Fact
=Trustee :J Guardian or Conservator
COther: --------------
S
�
igner Is Representing:---------
�q,q;,m�<&;<.&,�.
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Signer's Name: _
::C Corporate Officer - Title(s): -------
C1 Partner - :J Limited c General
C Individual O Attorney in Fact
=
1Trustee o Guardian or Conservator
:r::1 Other: --------------
Signer Is Representing: ---------
CHUBB
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGILANT INSURANCE COMPANY. a New York corporation. and PACIFIC INDEMNITY COMPANY. a Wisconsin corporation. do each hereby constitute and appoint Kim Heredia, Edith Garibay and Eugene T. Zondlo of Irvine, California --- each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise. bonds and undertakings and other writings obllgatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obllgatlons.
In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 1� day of September, 2018.
Cklwn \I. Chloros, ,\.._.;istam Secretary Stephen \I. ilam.�·. \'ice President
STATE OF NEW JERSEY
County of Hunterdon
On this 1� day of September, 2018. before me, a Notary Public of New Jersey. personally came Dawn M. Chloros. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY. the companies which executed the foregoing Power of Attorney. and the said Dawn M.
Chloros. being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she ls acquainted with Stephen M.
Haney. and knows him to be Vice President of said Companies: and that the signature of Stephen M. Haney. subscribed to said Power of Attorney ls In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponeru's presence.
SS.
Notarial Seal 9 - t
CERTIFICATION
Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED, that the followfi,g authorizations relate to the execution. for and on behalf of the Company, of bonds. undertakings. recognizances, contracts and other written commitments of the Company entered Into In the ordinary course of business (each a "Written Commtnnenti:
(I) F.ach of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise.
(2) F.ach duly appointed attomey-tn-raa of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or othelw1se. to the ext em that such action IS authorized by the grant of powers provided for In such person's written appolnanent as such anomey-in·faa. (3) F.ach of the Chalnnan. the Presldem and the Vice Presidents of the Company Is hereby authorized. for and on behalf of the Company. to appoint In writing any person the attomeyln·faa of the Company with full power andauthorltytoexecute, for and on behalfoftheCompany. under the sealoftheCompanyorotherwfse.suchWr1ttenCommltmentsofthe Company as may be speclfled In such written appolntmem. which spedftcation may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) F.ach of the Chairman. the President and the Vice Presidents of the Company IS hereby authorized. for and on behalf of the Company. to delegate In writing to any other officer of the Company the authority to execute. for and on behalf of the Company. under the Company's seal or otherwise. such wnaen Commitments of the Company as are specified In such written delegation. which spedllcatlon may be by general type or class of Written Commitments or by speclflcatlon of one or more particular Written Commitments. (5) The signature of any officer or other person executing any wrmen Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company. may be affixed by facslmlle on such Written Commltmem or written appointment or delegation.
FURTHER RESOLVED. that the forEgOlng Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of the Company, and such Resolutlon shall not llmlt or otherwise affect the exercise of any such power or authority otherwise validly gramed or vested." I. Dawn M. Chloros. Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that
(I)
(II)
the foregoing Resolutions adopted by the Board ofDlrectors of the Companies are true. correct and in full force and effect. the foregoing Power of Attorney is true, correct and in full force and effect.
Given un_der my han,d and seals
_ of said Companies at Whitehouse Station. fl{J, this Novemeber 15, 2021. �'f'6\.�
IN THE EVENT YOU WISH TO VERIFY TI-IE AllrHENTICITY OF rms BOND OR NOTIFY us OF ANY O'l'HER MA Tl'ER, PLEASE CONTACT us AT:
Tele ne (908) 903- 3493 Fax (908) 903- 3656 e-mail: ubb.com FED· VIG-Pl (rev 08-18 J
• • WESTCHESTER FIRE INSURANCE COMP ANY
Date: November 18, 2021
Obligee: City of Beverly Hills
RE: Amend Surety Company Name
Rider to be attached to and form a part of Bond Number K40160292 on behalf of B.H. Premier Investments, LP and in favor of City of Beverly Hills, (Obligee ), originally executed by Federal Insurance Company (Surety) in the amount of Twenty-Nine Thousand and No/100-- ($29,000.00).
The above referenced bond is amended as follows:
Amend Surety Company Name:
From: Federal Insurance Company
To: Westchester Fire Insurance Company
This change was effective the 15th day of November, 2021.
Nothing herein contained shall vary, alter, or extend any provision or condition of the bond other than as above stated.
Sign, Sealed and dated this 18th day of November, 2021.
W
J]
itne
�
ss or Age
�
n�� Edith uai:�k'""A, ttorney-in-fact
(Surety)
CHUBB Surety Underwriting Services
436 Walnut Street, WA I OH
Philadelphia, PA 19106
(800) 392-3770
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On \ I-\ <g' �A\ before me, Kim Heredia, Notary Public
Date
personally appeared -�dith Garibay
Here Insert Name and Title of the Officer
Namej,!f of Signer.(gf
who proved to me on the basis of satisfactory evidence to be the perso�whose namepr-is/� subscribed to the within instrument and acknowledged to me that Wshe/j.l;le9 executed the same in ):Ms/her/.tAetf authorized capacit�and that by �er/tbe'tf"signature.£sron the instrument the perso� or the entity upon behalf of which the person�acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
1/ ""'-l - _7 Signature �'.. "'--
Kim Heredia Signature of Notary Public
Place Notary Sea/ Above ��������������-oPTIONAL��������������- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: --------
Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s)
Signer's Name:------------
=corporate Officer - Title(s): _
_:-'Partner - ::J Limited ::= General = Individual � Attorney in Fact L Trustee :T. 1Guardian or Conservator
O Other:---------------
Signer Is Representing:---------
-™�!,,X.&C'!Xb<,�-QC��-QC��™�-
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Signer's Name: _
c Corporate Officer - Title(s): -------
C Partner - :::J Limited c General
::J Individual ::J Attorney in Fact
:::::: Trustee tJ Guardian or Conservator
:! iOther: --------------
Signer Is Representing: ---------
CHUBB.
Power of Attorney
Westchester Fire Insurance Company I ACE AmeJican Insurance Company Know All by These Presents. that WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Kim Heredia, Edith Garibay and Eugene T. Zondlo of Irvine, California -------------------------------------- each as their true and lawful Attorney-in-Fact co execute under such designation in their names and co affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations.
In Witness Whereof. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 17"' day of September, 2018.
J:bwn \I Chloros, A.,,istanc Secretary Stephen \I Haney. Vire Prcsrdcnt
STATE OF NEW JERSEY
County ofHunterdon SS.
On this 17"' day of September, 2018, before me, a Notary Public of New Jersey. personally came Dawn M. Chloros. to me known to be Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY. the companies which executed the foregoing Power of Attorney. and the said Dawn M. Chloros. being by me duly sworn. did depose and say that she is Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and knows the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him co be Vice President of said Companies; and that the signature of Stephen M. Haney. subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Notarial Seal KATHERINl! J. ADEi.MR
NOTARY PUBUCa: NEW JERSEY
No. 23181185
commintcn Elcpua Nit 18, 20111
CERTIFICATION
Resolutions adopted by the Boards of Directors of WESTCHESTER FIRE INSURANCE COMPANY on December II, 2006 ; ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"REWL VED. that the followtng authortzat1ons relate to the execution. for and on behalf of the Company. of bonds. undenaldngs, recognizances. contra as and other wrttten commlttnents of the Company entered Into In the ordinary course of business (each a "Written Commitmenl1:
(I) Each of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commlonent for and on behalf of the Company, under the seal of the Company or otherwise.
(2) Each duly appointed attomey-ln.faa of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or otherwise. co the extent that such action Is authorized by the grant of powers provided for In such person's written appolnttnent as such attorney-in-fact. (3) Each of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized. for and on behalf of the Company, to appoint In wrttlng any person the attomeyln-fact of the Company with full power and authority 10 execute. for and on behalf of the Company. under the seal of the Company or otherwise. such Written Conunitments of the Company as may be specified In such wrtuen appointment. which specification may be by general type or class of Written Commitments or by specification of one or more panlcular Written Commitments.
(4) Each of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized. for and on behalf of the Company. to delegate In writing to any other officer of the Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise. such Written Commitments of the Company as are specified In such wrttten delegation. which specification may be by general type or class of Written Commlttnents or by speclftcat1on of one or more particular Written Commltments. (5) The signature of any officer or other person executing any Written Commlttnent or appointment or delegatlon pursuant to this Resolutlon. and the seal of the Company. may be alllxed by facsimile on such Written Commitment or wrttten appointment or delegation.
FURTHER REWLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of the Company. and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.- I, Dawn M. Chloros. Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify chat (I) the foregoing Resolutions adopted by the Board ofDlrectors of the Companies are true. correct and in full force and effect. (il) the foregoing Power of Attorney is true. correct and in full force and effect. fbwn \I. Chlom;. ,\.,,;i:,1:mc Se,:f'(.1:uf
IN THE EVENT YOU WISH TO VERIFY THE AIJl'HENTICITY OF THIS BOND OR NOTIFY US OF ANY OTIIBR MA 'ITER. PLEASE CONTACT US AT:
Tele hone (908) 903· 3493 Fax (908) 903· 3656 e-mail: • ubb.com WFIC-AAIC (rev. 08-18)
B0785-0009\2569235v3.doc
EXHIBIT D
Consent and Subordination Agreement
D-1
CONSENT AND SUBORDINATION
The undersigned, City National Bank, LP, a National Banking Association, as a beneficiary under Deed of Trust, recorded May 31, 2019, in the office of the County Recorder of the County of Los Angeles, California, as instrument number 20190499886 (as now or hereafter increased, amended, modified, supplemented, consolidated, replaced, substituted, extended and/or renewed, the "Deed of Trust"), encumbering the Property, hereby executes this Consent and Subordination to acknowledge its consent to the terms of the attached Subdivision Improvement Agreement ("Agreement") and to agree that the Deed of Trust will be subject and subordinate to the terms of the Agreement.
City National Bank
a National Banking Association
as a beneficiary
By: __ �------ ---�-
Print Name:----------
Title:-------------
D-2
B0785-0009\2569235v3.doc
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,
accuracv, or validitv of that document.
STATE OF CALIFORNIA
COUNTY OF \.-Os A"' jQ.,)t-..S
On C\t>i Q,'f'\ be-,'"2-- 3) '1b1...j before me, __ S .... h ......... c ..... 1 \ .... �.:::...1-+--::::-l_y�CA.=k"'-- _ __,_.,__,, =N t=orya ......._=P b=uicl..___ _ personally appeared (\ \ Lu, bu. ,1 tis± o.,
who proved to me on the basis of satisfactory evidence to be the personts] whose name(st is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in MS/her/their authorized capacity, and that by ms/her/thew signature(s) on the instrument the persorue), or the entity(ies) upon behalf of which the personts; acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
,··•• c·, • ···S·HEL·LEY ·ERC·EK ··1 ��z-�� � Nyotary Public - C•liforniJ z � ·�• -� : · Los A�ngel ts County �
- � Ccmmnsron # 2239554
····•• ••• My Comm. Expirts Miy 1&. 2022
80785-0009\2569235v3.doc