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HomeMy WebLinkAboutFinal Tract Map 9378 - All of TT 9378 - Foxx Development Co .M •c IV-113IV X014 AG11 EEMIC TMS AGREEMENT d^►ttd Ww .... i?.�........_, day of .:--NO. _ ram_„-,....�.._. t9,75by ■ad � BETWEEN CITY OF HUNTINGTON LFACH a muucip+sl corporation, hereinafter for convenience referred to ai CITY and FOXX DEVELOPMENT CORP. hereinaftor for convenience referred to as SUBDIVIDER WIT NESSEIN; WMEAS, Snbdivi,der is the owner of a tract of land in the City of MAtir4ton Beach, California, vMicL it is seeking to subdi%ride into lots and to dedicate pertain streets, alleys, and other improvismerts therein to the public use, and Is about to file with said City a map of the Tract of land krcwn as Tract No. 9378 and WHEREAS, as a condition to the approval of said subdi►rision map and the acceptance of the dedication of the streets, alle-fs, and other improvement in said subdivision, said subdivider is required to enter into an agreement with the City of Huntington Beach to do and perform the work hereinafter specified end to esecutm and deliver to the City cf Huntington Beach, bonds for the faithfill performance of said agreement and for the payment of all labor and material in connection. therewith, a is required by Sections 66499 and 66499. 3 of the Goa►ernm ent Ccde of the State of California and Article 997 of the Huntington Beach Ordinance (jades NOW THERTTORE, in cousidoration of the promisas and agreements of the parties as herein set forth, the parties agree as follows: t. Subdivider does hereby s.greo to do and perform the following work, r cost of which has been estirritted by the City Engineer to be the sum of Thirty Tw,Q..ThousaQ...,&. L1Q0 papers '� (.. ,2*QOC�.�oa-- I For the constr ion os' streets, including exca*on, paving, cc.rbA, gutters, tidowalks, tvats, landscaping, etc. , sewors, including construction of main lir.ss and lot laterals an+e, structures; street lights, st'reet signs; con- struction .as domestic water • stem including :tie construction of water vjains Y g lot laterals and installation of meters; eangiotering eorits; and any miscellaneous requirements as may be set forth in Chapter 99, of t h e Hunt i n g t on Beach Or&nance Cade, and all of which said wc,rk shall be donee and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of ;.-:e City Engineer and all of which work shall be eons at the sz,ae cost and expense of the Subdivider and as a condition for the approval of said map and the acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date here:of, and all labor and material bills shall be paid. 2. Subdivider agrees to complete all Arterial Highway Improveme=nts, including perLneter Ovalle and landscaping, prior to release: or connection of utilitiea for occupancy for any lot in the 'tract. 3. Subdivider shall guarantee all work and material required to fulfill his obligation as btated herein foe- a period of one year following the date of City Council acceptance of same. 4. Said Subdivider $hall faithfully perform all of the work agreed herein to be done by Subdivider and shalt fully indemnify and save harmless the City of Huntington Beach row- all cost and damage which it may suffer by reason ol'failare eo to do and shall fug{y reimburse and repay the City all outlay and expense which the City -nay.Incur in making good any such default. 5. Tiie Subdivider agrees to furnish to the City and maintain in force until the completion of the work herein agreed to be done by Subdivider, at Subdivider's expense, a. protective liability policy in which the City is named as as addition*l insured. The policy shall insure the City, its officers arid employees whilo acting within Cite scope of their duties, against all claims &rising out of or in connection with the work to be performed. The policy shi.tl provide -2- for trot less than the following amwintie: Comoinrd single limit bodily injury and/cr property damage including prod sets liabitit•,-i 4t, 000, 000 combined single limit per occurrence. Such pnlicy ohal: provide coverage at least as broad as that provided in the Standard corm approved by the National Bureau of CSaNualty Underwriters together with such endorsements as are required to cover the risks involved. The Subdivider shall arrange for the policies to be so conditioned as to cover the rerformance of exts& or unforeseen work should such work become necessary, Prior to the yrecornation of the Final Tract Map, evidence of insurance shall be furnished in a form satisfactrsy to the City. In addition, the Subdivider sbatt furnish evidence of a ccmm. itment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before each expiration or cancellation is effective. 6. That said City stall not, nor shall any officer o: employee there- of, be liable or responsible for ar-f accident, toss or damage happening or occurring to the works specified in this contract prior to the completion and acceptance of the same, nor shall said City nor any officer or employee thereof be liable fer any persons or property injured by reason, of the nature of said work, but all of said liabilitiee shall be assumed by said Subdivider. Said Subdivider further agrees to protect said City and the officers therer., from all liability or claim because af, or arising out of, the use of any patent or patented article in :he construction of said work. 7. That it is further agreed that said Subdivider will at all times from the acceptance by City Council of the highways offered for dedication in said tract up to the completion and acceptance of said work or improvement by said Council, give goca and adequate warning to the traveling public of Bach and every dangerous condition existent in Paid highways or any of them, and will protect the traveling public from such defective or dangerous conditions. That -3- it is anderstood and agreed thAt until the Completion of rJ1 the improvements herein a reed to be erformed each of said highways not accepted as improved t �` p p shall be under the charge of said Subdirider for the purpose of this contract, and said Subdivider may close all or a portion: of any v4oet whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. And the Subdivider hereby agrees to pry .for such inspection of highways as may be required by the City Engineer of the City of Huntington Beach. 8. That io the event suit is brought by the City to enforce the terns and provisions of this Agreement or in any bond given to secure the performan,.-s hereof, a :reasonable attorney's fee, to be fixed by the Court, shall be paid by the Subdivider. IN WITNESS WHEREOF, the parties have executed this Agreement. SUBDIVIDER: (2 _ C)'�." By; Es L. Foxx, silent By. " Jo n D. Pearce, Vice President and Secretary CITY OY HUNTINGTON BEACH, a munici i c po tion, w� By. Mayor FRO - 7.Q M ATTEST: City Clerk the City of Huntington Beach APPROVED AS TO FORKL -4- DON P. SO.WA City Attorney pity City Attorn# 46 STATE CF CAL TFORN IA ) s COUNTY OF ORANGE I�/ '"� r�e, 1 on this &24 day of 1'� before r �...1 Notary Public in and for said County and State, personally appeared Ake& F. . ir known to me to be the Mayo an yt""* •. to me to be the City Clerk of the City of Huntington Beach, the munici,Vil gown Y corporation that executed the within instrument, known to me to b6 the persons vrho executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. •Ai1•�� .apoiiiiii#ii#iifiiOii#� i t• + `1 CONNIEE A, BRO CKWAY i �...� — i NOTARY PUBLIC •CALIFORNIA 0Notary Public PRINCIPAL OFFICE IN w Y • ORANGC cout ' Expims Qt c 10, IV77 0 ��•< i...if ii+iiiiiiii##iiii#iiii +ri+#iiiiiiiiiiiiiiiiiiiiii4i�• + OFFIOIAL WA1 CONNIE ti BROCKWAY NOTARY PUBLIC•(OALIFOgNIA i PRINCIPAL OFFICE IN 4 STATE OF CALIFORNIA ) ss ORANQE COUNry IAy Cor"133'" Expire' 000iler 10, 1977 CC7UNTY OF ORANGE iiiii+iiii♦♦iiiiiiiiiiii on 119 7b 'before me, a Notary Public, in and for said Wounty and State, personally appeared V., � L fn&A )" and 301666, ])1, _2 -- known to me to be the President and .he Secretary or the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directo-rs. LOFFICIAL SEAL l Y 1 KENNETH C. KING Notary public m NOTARY PUBLIC • CALIFORNIA QR�NGE COUNTY C ,k fly omm. IiR/ifill )UN 1. 1979 My Commission expires: T "fropll 601e10AI. A1re Tliett copies of 6*LV ZITT 4W WNT1006111 69AWO FORM C*PLK1tit1IgVI0ItATt Tel CIRTIFICATB OIt,tl1MAMCB . ##CAvx0PVT IeATr 11? I00111,ts *ILL ee r• CITV er 1441111"T" %sac" T� ►.V* El I" City Cis MUMTJW!TCYi *BACH$ CALIFOOMIA I/Viff11MT01t etJ901, CALI/N1111A 01444 A MUM10PAL CONFORATION This is to cartify that the policies of inswanee as described below have been issued to the insured by the undar■ siynod end we In force at this tiro. If bursa Policies are CGOC*lied or changed It. such a Manner that will effect this Cwtificeta the Insurance errlpart verses to Live 30 daps Prior written natlt to by mail, to City of Huntl"ft Beech, p.0. Barr J90, f luntogten beech, Callfwnia 9264. Name of Insured P. � ...._.�..._. Address of Insund."._. _ .4n4 1.2 u ..,..• Items-:a r�1. -Q.R'- 92 8 nt~o Hunt� n Beacb.. California Lordien et (rwured Operations..__._.,�.,. _._. -.—..•-•- —�-� Description of Gaeratlar,s lCaot 9371 9A1cfile S Dg-Jaki. m Yi.iC ATE LIMIT&OF LIABILITY POLICICS IN FGRCE �..�.�,�....� NUMBER &RR4RGt11P ES PIMAr14�__ A. Workmen's CanPIM50tion Stelt�rory Employers' Liability B. Public Liability: o of 1,M,000 c N&J.10d1 single 1,l.Blit per f�c7it1i rauc e. � 8adi1r Injury.-i y Manufacturers and Contractors 11 * Each Pinson Comprehensive General cj.�73�11 12f 19/73 12/1$P6 i.• _ ,loch Accident (Including products Completed operations) Ply Dalratlpe 3— * —Each Accident �Mmm� NAM C. Autorrrolrile Liability: Bodily Injury 3 * Each Person * Each Accident Property D"o �Eat Accidorlt Does policy cover: All owned autorl>Wiss ( ) Yes ( � ) No Norrowf*d vine tobiles ( � ) Yes ( ) N Hired outomnbiios ( ) Yes ( X ) NoO D. Additional Insured Endarsement. The insured grses that the City of Huntireton Beach City Council,and/or MI City Council appointed groups,committees, oommhtions;bowds end any other City Council appointed body,and/or elective and appointiYe officers,servants or employees of the City of Huntington Beech,when acting as such am additional sauredls heraundex. E. Hold Horn ass Agreement: The insured oorees to pretoct, defend, Inismnifyr.and save harmless the City of HuntlVan Beach o►2cinst loss, damage or expense by reason of any suits, claims, demands,, judtem+zts and causes of action caused by insured, his e""byes, agents or any subcontr000r arialre out of or in cunsequence of tSe performance of all or any operations wars by the certificate of ircurence,and such inwrince shall be ariirary to any inwrertee of the city. ft F. Minimum Limits R"ulred: Combined dingle Limit Bodily Injury a 1!/or Property Samar including Products Liability: 11,000.000 vornoined sin4e Ilmit per occurrence. Dft Name 9kate we= �y Ia11ATU71t�TMOM11i0011tIw11 OrNTAT�� ��p� °r a Larry D. Konacne AA Gllrsaa �,% gL„�.•./ � Address ♦_ .��..d . h�__*_ lif . �� ". v, City -v#a,. —w Telephrlse , ., ( )„ 69dowill .� I APP OVS AS TO I', RV s D01f P. B01VA City At rney By I Deputy fait! itternme _-- ' .. S!'.�.>„yr. ••r.8w'..r• w..�w.IYi1k' � ,. .rp...rn ri...� ,r. ,... .. � -'•.,�I •1P ama Qr ZM ACTIOM Or 7y CITY COUW:l I +' � �- ''� '•� 01 council cimo bur, city iia11 Huntington Suach, rat i ful isle: Nov"er 20, 1978 Plajor ftakMn r called the regular wieL sis4j of th+- Vi l y 1,11„11, ► 1 r11 the City of funtltnq Mach to order at UJO V.No Prevent: Pattinson, Thwaas, MacAllister, Bailey, PAAJiC, Siebert. She0rabn- Absents None Arw•strrrrrrrswrr#r#*rrrr*AtrwrrrArr##ri+�#ii#i#rrrrrwwrtiwnrwwr+#.Arrrw#+wwwre.rrAr►rrrr ELECTlONN OF MAYOR RONALD R. FATTIBISON On Motion by bailey, second Mandic, Council voted unanimously to Make Councilman Pattinson the Mayor of the City Council for the reminder of the term of Mayor, with Pattinson abstaining. The City Clerk then turned the gavel over to the new Mayor, konald R. Pattinson, to coo(hct t:te balance of the meeting. t # e M r • h A e # t # # # # « t r A * * * * •t • « * « t # « t t # t A * t t w t t r f CONSENT CALENDAR - ITEMS APPROVED) On notion by MacAllister, second Siebert, the following items were approved as retonnended by the folloming roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Nine NOTICE OF COIKETIOf1 - TRACT 9378 - FOXX DEVELOPMENT - Accepted the imp,,ovenents dedicated oo public use in Tract ;Fated n/w Garfield 3 Delaware, authori2 :d the release of the Faithful Performance Bond, the tlonlrmnt Bond and termination of the Subdivision Agreement. wrerrwtAAAAA#it lA/rMfiwf##rfr*AA*AArArr##!**AMrMiAAAAA,1w*rf+AwftrtrRf40400*a tf�rfrA IWXIMRI<XMXW Isla_,vor Pattjn&gn &IU2gLaLthe regular meeting of the City Council of the City of Huntington $each adjourned at 12%45A.P1. to November 27_ at 7:00 P.M. in the d-8 Tito notion was passed by the following votes AYES: NUESt ABSEMTt Alicia N. Wentworth City Clerk and ex-afficio Clerk of thy` City Council of the City ATI'ESTs of 11,4n1ti,iyton Beach, "dlifornia ,r Alicia M. wentwo;th ._.r._ Ronald R. Pattlnson City Clark Mayor STATE Or CALIFORNIA I County o> orange ) 561 City -r Muntington l*ash) 1, WeIA M. WVJr M KTH, the duly etec►ed and qualified City Clerk of the amity of Huntinyton (leach, C.,Iitrcnia, do hersby Celttify that tea above and foreyniny is a true and correct StdteOrnt of Action of tna sty Council of said City at their reyulas ratting hald on the 20 day of November 19 78 WITNESS my hand and real of the said City ut Huntington Meech this the 'list clay ut November ig 78 . Alicia 11. lientworth _ City Clerk and ex-;)f(scit, ..lcrk of the City Council of thu City of Nuntingtots Beach, Ce li for.ixe AY VPu REQUEST FOR CITY COUNC -A TION Submitted by H. E. Hart 9e 20/�-,,,_,., Depa;tment Public Works Date Prepared October 31� , 19 78 Backup Material Attached Yes � No Subject Notice- of Completion Tract 9378 City Administrator's f~omment7 '�11I II i�■iY/..�aw��.. aYi■I��..�wl��.i����www.a i�grY.�a� ■ �■ ni ■ - '*1��..� -rr.A�w��w.4 APP�tb Approve as reccimended . EV C BY CITY GOUNCLt -- —.....�,,._._........1J -3 197K. • 'CITY Statement of Issue, Recommendction, Analysis, Funding Source, Alternative; Actions. J Statement of Issue : Foxx Development has completed all street improvements for Tract 937C and is requesting release by the City, as. squired by Section 66499 . 7 of the Subdiv. sion Map Act. Recommendation : 1. Accept the improvements dedicated for public use . 2 . Release the Faithful Performance Bond. 3. Release the Monument Bond. 4 . Terminate the Subdivision Agreement. 5. Instruct the City Clerk to notify 'the developer and the City Treasurer to notify the bonding company of this action. Analysis : Subdivider : Foxx Development, 305 17th Street, Huntington Beach Enginee Emerald Enjineering, 417 Min Street , Huntington Beach Location : N/W Garfield S Deiawaro Lots : 5 Acreage : 2 . 064 Zone ., R2 This tract has been constructed in uubstantial accordance with the plans and specifications on file in the Department of Public Works . HEH :SPC: 1w Attach. Pir ans r A • Q� �=III HIM ��■ z�=�=-+z�,==�=_== } HUM val iii■ii�i" LM �w ram' �. �/� #/ ##/1M r � � w +� ■� gym n ■MM�/r/ ■ �� .... .lam .�_ ►` .:�/!��/rr C ami 1 sllill rmmm w .r r � fill rr III 1 r rur� wJS L / 1 I t EA P99. 77 • —- 1 _30 d'84's 7 " TIMBE-Ri�r0� RC LOT q 4 + t"UTURE STREET % � inST � N ' $ .�. .. DOb W 57 61 Est S r i t54 ��• � t' � � ..� fit► 1 � ! ► � •P•,�6 00 V 102 � ,� ��� � •���v. i t � • 1:, q( 4 10 3� Sit r-/8.So a h 4 �- 2 CA sr � �� �� i ° r� ` . EAsr CK to.00� ., ASr ? Ea s I i,o W—m L EAsr J- Ct g Q T 9 - ' EA$TQ�77. E8_ 65 s p pPJTURERALL.EY � ,� �o25`�N 4-1_ � W oo ti � o0' �eAer ,s; EE �, � B. � 1 1 Cii fw It 44 /9 If EA s r o m ' .W 4 3cc �;� Za Q�• d 0 9 10 3 - - 1 145 74 76 60 ' 3 3 40 . , r h GARF IELD AVENUE 0 f ALI iltHICUI AR ACCESS R/GA,'rS r0 GARf/CL0 (?3S 73RfC PfR 9LK t,'rR Avg 7, t b ^4,fA 4" XlCfP AISIREEII.WIRSIMUON4Rf mt w MICA r O W rNf CIrY orwUN!/NG10M 3?9. 73 wtsr G53 7/ :"0 PA' of L/NE 0 of W (659 75 C.41C REC ofjp &X ,r, rR Nfl 7) AV E �tU E SET s f r % S 3997' `D NILL. .440N W1 "I P FIItCD • h'ICCAVC vi C:?PPEf) MG sUmflo '0C50 -aV AfROCS 4 ,-6 // NOTICE OF COMPLUNCE WITH CONDITIONS ON TRAM AUTHORIZATION i,*OR RELEASE FOR RECORDING TO: City Clerk ;)ate 2- - ? FROM: F'T..MING DEPA,,,TMENT James W. Pali TRACT NO. I' � RECREATION cx PARKS FEES kr•atDft` to em Lq Other: prJIJD oil Ali ', nature s, 11(11'1GE OF COMILETION 41I'ril CONDITIONS (� 1 TRACTS iti(PI HOI;R;l'ION FOR ltl:l,E'ASE FOI: I'.1:C,( INN TO : CITY CLERK DATE FROM: PUBLIC WORKS DEPARTMENT G#19 Pice P. sve"o-.'+' TRACT HO, _ �- 7 `.,.,.�. DEVELOPER ..,..,cr-0 CONDITIONS : Daty Deposit of fees for water, sewer, drainage, engineering and inspection. . . . . . . . . . . . . . . .. .�...„.,. z/ Bond for Improvement . . . . . . . . . . . . . . . . . . . . . . Signature of Aseement . . . . . . . . . . . . . . . . . . . . . Certificntre of Ir;urance . . . . . . . . . . . . . . . . . . Bond for Monuments . . . . . . . . . . . . . . . . . . . . . . . . . Approval from Couuty SurVyour. . . . . . . . . . . . . . Labor & Material. Bond . . . . . . . . . . . . . . . . . . . . . . Other : � gnatur�� ...�.... 0 .J. A& City of Huntington Beach OFFICE OF THE CITY CLERK I t,:cember 21, 1976 Foxx Development corporation 305 17th Street Huntington Beach, California 9264C Uenticmc:n: nie city council of Huntington, Beach, at its regular adjourned w-vt.lm hold December 20, 1976... al)l,rove d tlx: Subdivision Agreement for Tract No.�_. We ,arc; unclosing herewith a duly executed copy for your files. Sincerely, a&C.M.' Alicia M. Wentworth City ty Clerk AMW.%1pr Lncloomru I �A,i y f Huntington Beach -^� CALIFOR141A f.`i0 � P.O. six Ito ' 7 December. Be 1976 Chicago Title 17671 Irvine Boulevard, suits 119 Tuatin, California 92680 Attention: Dick Radow 5ubdl.vision Off '.cer Tract Map No. 9378 Gentlemen: This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record sma at your convenience. Sincerely yours, W Alicia M. Wentworth City Clark AhW: 10 RECEIVED HYA DATE: / -- �' - ? C• I i J Cityof Huntington Beach P.0. box too CALIFORNIA ENGINEERING DEPARTMEM December 2, 1976 rp Honorable Mayor �d and City Council City of Huntington B each Attention: Floyd G. Belsito City Adiainistrator Subject: Tract 9379 Subdivider - Foxx Development Corp. i Location - N/W Garfield & Delaware Gentlemen: Transmitted herewith are: Monument Bond No. 6SM 168 388 Faithful Performance Bond No. 6SM 168 387 Labor and Material Bond No. 6SM 168 387 Two (2) copies of the Subdivision Agreement � for the subject tract. The bonds should be accepted by the City and the City C13rk instructed to Rile the instruments with the City Treasurer ' s office. The Subdivision Agreements should be ac- cepted by the City and the City Clerk instructed to file one copy and return one executed copy to the subdivider . All instruments have been approved for amount by the Department of Public Works and for form by Lhe City Attorney' s office. Very truly yours, i. B. Harfi: Director of public Works HFH:BPC: jy Trans. �► CITY OF HunTinGTon BEACH ..J J DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES O. BOX WO, HUNTINGTON BEACH, CALIFORNIA 92648 1714) 536.5271 TO: Honorable Mayor and City Council FROM: Planning Department DATE: Noven0er 29 , 1976 ATTN: Floyd G. Belsi.to, City Administrator RE: Final Tract ?4�2 9378 -• All of Tentative Trr;.ct 9378 Transmitted herewith is the final Map of. Tract 9378 , being all of Tentative Tract Map 'No. 9378 . Subdivider: Foxx Devi-lopment Corp. 305 17th Street Huntington Beach, California i Engineer_ : B.M.S .P . Inc. 2030 E. 4th Street Santa Ana, California Location : Northwest corner of Garfield and Delaware Lots : 5 lots and 2 lettered Acreage: 2 . 064 Zone: R2 , Medium Density Residential General Plan : N�,dium Density Residential This map has been examined and certified by the: Director of public Works and the Secretary to the Planning Commission as being substantially in Accordance with the tentative map as filed with, amended and approved by the Planning Commission. The City Council may approve the map , accept t',e offer of dedication and improvement subject to completion of requirements as shown , and instruct the City Clerk that she shall not affix her si,^".ture to the map nor release such map fr±r• prelimik:ary processing by the County or for recorda- tion the iollowing conditions have been complied with. R '00 ' 1 Final Tract 9378 7,11 of TT 9378 Page 2 1. Deposit of fees for water, sewer, drainage , engineering and inspectiono . 2 . Certificate of insurance. 3 . Park and Recreation pees shall be paid prior to recordation of the final map. 4 . The final snap shall be .recorded prior, to the expiration_ of Tentative Tract Map No. 9378 on December 15 , 1977 . Environmental Status : Negative Declaration No. 76-37 was granted by they Environmental Review Board on May 18 , 1976 . The Planning Department recommends 'adoption by the City Council . Respectfully submitted, Edward D. Selich Acting Director amen W. Palin Assistant Director of Planning and Environmental. resources //s Attachment : Area Map r• � , . a 00 co z St -.. HUNTING-TON • un L�r'i L ST. �L A A R L N •� LN 8T. I••LQF?10 (STA►:G LN) r tT ,~.• r BEACH BOULEVARD BLVD � HUNTINGTON BEACH nwrwrwie�++s�en�rwrrn�.rcANw+s�r *+��M�9�M�