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
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+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
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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.
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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
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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
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:"0 PA' of L/NE 0 of W (659 75 C.41C REC ofjp &X ,r, rR Nfl 7) AV E �tU E
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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
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00 co
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8T. I••LQF?10 (STA►:G LN)
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BEACH BOULEVARD
BLVD � HUNTINGTON BEACH
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