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File #: 23-701   
Type: Consent Calendar Status: Passed
File created: 8/14/2023 In control: City Council/Public Financing Authority
On agenda: 9/5/2023 Final action: 9/5/2023
Title: Approve the Execution of a Subdivision Agreement with NASH - Holland 18750 Delaware Investors, LLC and Accept Securities for the 18750 Delaware Residential Project
Attachments: 1. Att #1 SubAgmt approved by CAO and PW Dir, 2. Att #2 Faithful Performance Bond No. DVHNSU0832094, 3. Att #3 Labor and Material Bond No. DVHNSU0832094, 4. Att #4 Monument Bond No. DVHNSU0832094, 5. Att #5 Location Map, 6. Att #6 Draft Parcel Map No. 2022-106, 7. Att #7 PowerPoint Presentation

REQUEST FOR CITY COUNCIL ACTION

 

SUBMITTED TO:                     Honorable Mayor and City Council Members                     

 

SUBMITTED BY:                     Al Zelinka, City Manager                     

 

VIA:                     Alvin Papa, Acting Director of Public Works

 

PREPARED BY:                     Steven Bogart, Senior Civil Engineer

 

Subject:

title

Approve the Execution of a Subdivision Agreement with NASH - Holland 18750 Delaware Investors, LLC and Accept Securities for the 18750 Delaware Residential Project

body

 

Statement of Issue:

A Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC (owner/developer) and the related securities are presented to City Council for approval, execution and acceptance with respect to the 18750 Delaware residential project located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building (See Attachment 5 for Location Map).

 

Financial Impact: Funding is not required for this action.

 

Recommended Action:

recommendation

A) Approve and authorize the Mayor and City Clerk to execute and record a Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC to construct public improvements for the 18750 Delaware residential project (Attachment 1); authorize the City Clerk to record the agreement; and

 

B) Accept the Faithful Performance Bond No. DVHNSU0832094 (Attachment 2), Labor and Material Bond No. DVHNSU0832094 (Attachment 3) and Monument Bond No. DVHNSU0832094 (Attachment 4), the securities furnished for installation of the required public improvements; and,

 

C) Instruct the City Clerk to file the bonds with the City Treasurer.

end

 

Alternative Action(s):

Do not authorize execution of Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC for the 18750 Delaware residential project, with findings for denial, and direct staff accordingly.  Without this Agreement, the developer would be unable to satisfy the project’s Conditions of Approval.

 

Analysis:

On May 6, 2022, the Director of Community Development conditionally approved Tentative Parcel Map No. 22-106, authorizing a four-parcel consolidation for the construction of a 346-unit residential apartment complex, located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building at 18800 Delaware Street.  A draft of the project’s final parcel map is attached for reference (Attachment 6).

Pursuant to the project’s Conditions of Approval, since the Final Parcel Map is proposed to be recorded with the County of Orange prior to the Developer constructing all required public improvements (i.e., new curb, gutter, sidewalk, new section of public storm drain pipeline and connections), a Subdivision Agreement and accompanying bonds from the Developer are being submitted as sureties to ensure their construction obligations in accordance with the State’s Subdivision Map Act and prior to the City signing off on final inspections.  Both the Subdivision Agreement and bonds have been approved as to form by the City Attorney’s Office.

The attached Faithful Performance Bond, Labor and Material Bond, and Monument Bond are being provided as securities for the installation of the required public improvements.  The required bond amounts are:

                                          

Faithful Performance

$1,472,502

Labor and Materials

$713,751

Monument

$5,000

 

Project data

Developer:                     Holland Partner Group (Attn: Tom Warren)

                     5000 E. Spring Street, Suite 500, Long Beach, CA 90815

 

Engineer:                     David Evans and Associates, Inc. 25152 Springfield Court, Suite 350,

                                          Santa Clarita, CA 91355

 

Surety:                     HARCO NATIONAL INSURANCE COMPANY, 330 N Brand Boulevard, Suite 700, Glendale, CA 91203 (Amanda Garcia 213-337-4615)

 

Location:                     18750 Delaware Street (south of Main Street, between Delaware Street and Florida Street)

 

Zone:                     Beach and Edinger Corridors Specific Plan (SP14)

 

No. of Acres:                     4.019 acres

No. of Lots:                     1 numbered

Public Works Commission Action

Not applicable for this request

 

Environmental Status:

The recommended actions are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501.

 

Strategic Plan Goal:

Economic Development & Housing

 

Attachment(s):

1.                     Subdivision Agreement by and between the City of Huntington Beach and NASH - Holland 18750 Delaware Investors, LLC

2.                     Faithful Performance Bond No. DVHNSU0832094

3.                     Labor and Material Bond No. DVHNSU0832094

4.                     Monument Bond No. DVHNSU0832094

5.                     Location Map

6.                     Draft Parcel Map No. 2022-106

7.                     Presentation