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HomeMy WebLinkAboutFinal Tract Map 10067 - Portion of TT 10067 - Seacliff Estat Cityof Huntington �lcach FRESOR Oww-wwwww8 IHST CLAss Af:i;t �1 . f x 0 21 ra too CAUFMUM. � -..�. ....._ r / ii.. yp, $01 silver Spar Olvd.. I230 Rollins bills Satam. G etc# rIOP vp P_ 1 ._ SUBDIVISION AGREEMENT BY AND BETWEEN , THE CITY OF HUNTINGTON BED!.:: AND SEACLIFF ESTATES r � FOR TRACT NO. 10067 1 THIS AGREEMENT is entered into this day i of 1988, by and between CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to ae "CITY, ' and SEACLIFF ESTATES, a California general partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDED, is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and ether improvements therein to public use, and b is about to file with CITY a map of the tract of land known as Tract No. 10067, and Are a condition of the approval of and prior to the recordation of said subdivision map,, subdivider is required to imprcve and dedicate the streets, alleys, and to perform certain other improvements in said subdivision, and CUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work. to agree to perform said work as herein p;.oviaed, and ;o execute and deliver to CIT_' bonds for the faithful performance of said agreement, for the payment of all labor and material in connection t-herewitt , and for the guarantee and wncranty of the work for a period of one (1) year following cnmpletion and acceptance thereof against any defect ir: work or labs: cone, or defective materials furnished, au required by Sectionn 66499 aad 66499.3 of the Government Code of the State -1- i • i of California, and Article 997 o{ CITY 's ordinance code. NOW, THEREFORE, in consideration of the promises and i agreements of the parries as herein set forth, the parties agree j as follows: IJ 1„ GENERAL STREET CONSTRUCTION f SUBDIVIDER does hereby agree to do and perform the I ! following work in said tract: nil conditions of the tract map not completed at the time of the recordation thereof to inclide., but not limited to; the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees, landscaping, etc. , sewers, including construction of main .lines and lot laterals and structures; street { lights, street signs, construction of -Iomestic water system including the construct_�n of water mains, lot laterals and installation oL meters; engineering costs; and any miscellaneous requicemtnts as may be set forth in CITY'S codes. ;.11 of said i work shall be done and perfor;ned in accordance with plans, specifications and profiles whioh have been approved by the City Engineer and fii -W in the office of the City Engineer. All cf work shall be done at the sole cost and expense of SUBDIVIDER, the acceptance of the dedication cof said streets, alleys and other improvements, and said work shall be completes on or before two (2) years from the date hereof, and all labor and material bills f therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL ;HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required _2_ J+ I by conditions of the tract map, pr;or, to release or conntm-tion of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 1. kAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997, upon execution hereof SUBDIVIDER shall ` deposit with the City Treasurer the sum of Ninety Thousand and no/100 Dollars ($901OU0.00) , as prescribed by HBpC Section 9970, which security is .given to CITY to insure Faithful performance of this Agreement; and of all of thA conditions of the Tract Map. The deposit; way be by corporate surety bona, cash or other approved form of improvement security. All bonds and .-)ther forms of deposit shall be approved by the City Attorney prior to their j f acceptance by CITY. SUBDIVIDER may, during the term of this Agreement] substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition j l` sh:.11 remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be Ir required by CITY to provide 3 substitute security at any time. 5. INSURANCE I � SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the vork herein agreed to be done by SUBDIVIDER at SUBDIVIDI,R`S sole expense, a protective liability -3- policy in which CITY is named as an additional insured. The policy shall insure CITY, (including its officers and employees) against loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties. The policy shall provide coverage in not less than the. following amounts: Combined s::ngle limi�- bodily injury and/or property damage including products liability: $1,000,000 combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arranst for the policies to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. A certificate of insurance s:,all be furnished by the insurance carrier to the CITY upon execution of this agreement by SUBDIVIDER. Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not leap than thirty (30) days before each expiration or cancellation is effective. The certificate of insurance small evidence the required additional insured endorsement, and is subject to approval as to -4- form by the City Attorney. This agreement is void and of no effect until such approval is obtained from th,,: City Attorney. 5. WORKERS' COMYEPSA� TION SUBDIVIDER shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, in regard to my workmen employed in the work to be performed hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and de9cription, including attorney's fees and costa, presentp.d, $),ought or recovered Lgainet CITY, for or on account of any liability under any of said acts which may be incurred by reason t,f any work to be performed pursuant this agreement by any person on entity including CITY, and shall provide to CITY evidence of workers' Compensation Insurance satisfactory to the City Attorney. 7. INDEMNIFICATION AND EC)LD HARMLESS SUBDIVIDER hereby agrees to defend, indemnify and nold harmless CITY, its officers, employees and servants from any and all loss, damage, cost, expense, liability, claime, demands or judgments arising directly or indirectly out of the work or project, regardless of the wilful misconduct, sole ,negligence or concurrent active or passive negligence by CITY its office, employees and servants and from tLe sole negligence, concurrent negligence or misconduct negligence of third parties. The legal defense required by this agreement shall be provi�ed upon request by CITY and at the sole expense of SUBDIVIDER. Any costs of defense or attorneys' fees incurred by CITY in enforcing this --5 rl agreement shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction pursuant to paragraph 9 hereof. 8. PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptaisce by City Council of the improvements offered for dedication in said work or improvement by said Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous conditions. That it is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be under the chPtge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all or a portion of any street alley, sidewalk or right-of-way whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. SUBDIVIDER heraby agrees to pay for such inspection of i highways as may be required by the City Engineer of CITY. 9. ATTORNEYS' FEES �i In the event suit is brought by CITY to enforce the terms I i and provisions of this sSreement or in any bond given to secure the performance hereof, a reasonable attorney's fee, to be fixed i i REST OF PAGE NOT USED !1 f 1 -6- by the court, shall be paid by SUBDIVIDER. IN WIT14ESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: Cl' !, OF HUV.1-NGTQP B CH: Seacliff Estates, a :qunicip r ra ov a California general # partnership Mayor Ma*onProperties, Inc. son, President By: i - Aj . 9VArk, Secretary/Treas. Rutter Limited, a limited partnership Rutter Huntington Corp, General Partne Fey• J utter, President ATTEST: APPROVED AS TO DORM: ! City Clerk C+AAYVRCVED: rney REVIEWED AND APPROVED: INITIATE City Administrator Director of Public Works rf ! -7- i i r t r :•v: +.•l, .,:mot;, :� :,-,rrt., 41:: ^ COMPANIES AFFORDING COVE P.GES r 1 '*o> cE, CA C-4)501 .:iir' A nva Ytaum',:cE , .w._ 110 r.AjZ-0 D-VVM++P.E,�1�.�'7 OQ?1PPANY�180t� C J .�tYT 71r�.Gi SM L E 200 C'VY�•.r IR&- .,-G, C= 9211A 6(Trte D x9ujojv,4jTo 44ndea :,!$ I:0 . -IIYO tafsrru,r E Lena Hlt IIO :M.t`3.' .*i Mol 041tm&0;Munt'.Cf 9140 MVw nest?een cU..id ^t Pf„tC r l4Wd and&,t,,I Mf=r:'4f:=„•.t. 410tM21fWr1ds+j�i')rtQL ..lflL t:': •�- C� .r to r•iGs:t d w`t.:!!M;f:vC+`Ar—r•..y*r.ff.l:tr mfty cW.Llr.tno 619:0ZrCe SR=r3 r4ftin:,k•,t:: i.-• torn•[.a+;:i.ts•)!M e9rsf[.�il�!r:n acts•: !^roses. rt 4Y Limits of E;SbdRZ in noufands/ :Lt7Co ToOCCI J.*A;;Ar•-.t ri:'JytG f,F:Rnt :1 �a.t ::%[:+'• GENLAL LV'!:ITY r:•A• r 9385 72 65 11/1/88 il^�frw•:as.;r// ; f :G J.t�7•.i .,rsF 4:�j:ntV.I£i• ,.Pi4xlti-j: vxv iy,T,L`AVAI'i } S . ,9i� : :ti ri r"G`.37q:� .il�:It q Lr.CI:' •�.UiY.riJ •� 00 y'S/]/l f)AMSr- AM OM AS TO YIDE[:' '!#GLff?.. "�'c`'"4s GAIL HUTTON, City Atto ey By:. Feputy City Atto=0 AUT000819 LIAOrLIT1f �� ept+.r HriAv f I :^.a►-�:�t..sr.e r.rai 9355 72 fi5 I1/1/88 ,a�,tr,�1�;aY s e..aw CA.*m •!ri rr•.rp?-f .luu s ?g ntXrrCrv/A.I f'vow, 4J � •�4 1M1iD RAMS LLA61LaY i ❑LMfnEt'� �J4 Cl a�;YtdTT cu��3t f I f �. L:NLII r.•L•.�rtS�tC.• i 13� CCMbhf7 3 wORKERV COMPENSAT" f•;.,,,cNr and EIMPLOYEIty LtAWLM f -YMUME: 1.X '�4ti D'VEL.C+MM! MACT + 0067 -L.ti:�'?T.GA Os'JC►Arc;!.;ti:C.trK3�s:'kn'r.ia 77 _7 Caecllrllatiort: 5�nL1� ,r� ct :rc i�_.e .cs-•hc'- ,�C,3n?eUQO aefnrC the 1lx,^,i r,.t,ur. G:.t� LrCre01•trir. .S;u�r. Fary r.•11i�..::,;.r:.y rt3:1 T� ;I 5 y:r;:tCn • :.tl'-e Ic :11: 5_i*.v t.3r'lzd ccrt 2lcats hc1�.r, - '" ^ i I GA7S �ii [?�Q"TItiO3CITY OF � ; E%CHDmirox P.O. E: 190 .•sr MkCff, C.k 9264S •.��.cn Mca.t:c�.r.:.:: } i , i �g RE Ll FOR CITY COUNCIOAcT ON • Date w October 1, 1990 &ibmitW to: Honorable Mayor and City Council API%OYED BY CITY COUNCIL Submitted by: �MiQchael T. Uber�uaga, City AdminiStratot- Prepered by: (I'Louis F. Sandoval. Director of Public Works Submit: NOTICE OF COMPLETIOX TRACTS 10067 , 10069, 12532 AND 13196 Consistent with Council Policy? [ k Yes I I New Policy or Exception Stataimt of Iwo, Recomnvndation,Analysis, Funding Source,Ait�rutiw Actions,Attachmnnix: i STATEMENT OF ISSUE: Seacliff Estates has completed all street improvements for Tracts 10067 , 10069, 12532 d aM 13196 and is requestinE release by the City, as required by Section 66499. t�F the Subdivision Map Act. 1. Accept, the improvements dedicated for public vse. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond 4. Accept Vlarantee and warranty bond numbers 3502833, 3502934, 3502835 arad 3502836. •5. Inairuct the City Clerk te, notify the developer and the City Treasurer to notify the bondini company of this action. ANALYSIS: Subdivider: Seacliff Estates, A California General Partnership Engineer: Walden and Associates, 1802 Cowan, Suite 210, Irvine, CA 92714 Ler-a►tion: Northeast of Palm Aver-;je and Cherryhill Lane Intersection Lots: Tract IW67- 72 Lots; Tract 10069- IS3 Lots- Tract 13106- 78 Lots; Tract 12532 - 104 Lots Acreage: Tract 10067 - 6.332 acres; Tract 10069- 45.954 acres; 'bract 13106- 5.911 acres; Tract 12532 - 17.411 acres Zone: R2-PD-0-C2 A11ACHMENTS: Sectional District Map This tract has tacen constructed in substantial accordance with the plans and specifications on file In the Department of Public Works. MTU:LFS:ASB:dw 2549g/12 Flo Sim SEC;f! ODNAL DISTRICT MAP 3--6-11 r - CITY Of' HUNTINGTON BEACH ORANGE COUNTY, CALIFORti'IA ijSE Or PROPERTY MAP AMOS I � I ev- 1006 y ��•\� _ wy'Y,%'��. ' ' mile`11 C.�,_rl� �j�/ ',`�`� CL, ,` ,fir .�,;• -�a •try •.,. tp . 1 • SECTIONAL DISTRICT 0 MAP 4-6- 11 R 5-6-11 CITY OF HUNI'INGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP w r, r T j� 'c u � r I y _ j1 i i F* y • 13�ci !>tsrt�cs 35028M t'romiun b7w--m Pc1�r tAr•+brr GUAA.AIME AND WARRANTY BOND WIIEREAS, Seacli:: Estates, A California General Partnersh , au it Principal, and Great American Insura,,ce^Ccrcarri__ __ , +a corporation azganitad under the lnwo of the Stat.a of Ohio___ and duly authorized to do businean in the State of California, az Surety, are huld and firmly bound unto the CITY OF HUNTINGTON REACH, California, as Obligee, in the penal sun of tiine Thousand and no/100 ---- representi n9 10 porce::t. of the cvtstraat price entared into botwo,.,tn tbo Principal and Obl igeo, to which payment Well and truly to be made we do bind ournolves, our and each of our heirs, executors, adxinir.trators, uccessors and assigns jointly and severally, WIIEREA:i, the said Principal entered into a contract with June 28, 19©8 for wort: de3crilmul said Obligee, dated _ as follows: As..._.:..' t.;; Io FoRll>s Public Inpt ovemntn - ;Tact uo. IW67 GAIT, HUTTO$ Deputy City AttornaT WHEMAS, said contract provides that the Principal will furnish a hand conditioned to guarantee and warrant for the perica of one year alter -ompletion of the work and Acceptance therebf by the f obligee, against all defects in workmanship and materials during said ones year period. HH!~RtM, said wort: has been completed, and -accepted by Obligon on acteba I I Loon i boH, TlERErORE, tho Principal: and Surety, jointly and severally shall indemnify thn Obligen for all loss that the Obligee may sustain by reason of any defectivu materials or workmanship which become apparent dusint7 the period 7f one year from and after date of completion of work and acceptance L.tereof by Obligee. i SIGNED this 17th day of Seat�s,r , 19 90 _ Signatures uhall be notarized. Authorized ropresent-ALIves shall ba president and vice pre3x-ant or attorney-in-fact owner. ' Seacliff Estates, A California Ceneral Pactrership J ATTORNEY.IN.FACT AP'FIDAYI J selves aua �ATR OF dALIFORNIA, 39• �nartrczforM COUNTY or acacr�e (hc +atz�:nsattt:ice ___ On Ibis 17Us dal of r ­--#In the lcsr 1990 before me (hem b+rri UN a.a sat owUtl of the oat* _ _'_.lxrsunalll s h red 'Pasosalir known to me (or proved to me on the baal:of eaUffactory evidence) to be the person a ob Psetutad the within taatn"ni as attorael in fact on behalf of the ampontlon therein r,emad and ,meknoabe lted to me that the corpnration executed IL 1 Given under my hand and eael thle_ S4.Ver 17th dal° ber 90 _... ...___. ..... .._.._ .,l9._..... r 7 Con mlwton e=plres 9-10-93 - �` `�INotary Public 1 OWN s . n namber of prisons aut'torited by this power of attorney is not mare than No.013213 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the CRE'1T ANIERICAN iN5URAPICE CONIPANY,a corpntation eryanired anti existing under and by virtue of the laws of the State of Ohio.does hesehy nominate.constitule and appoint the person or persons named below Its true and lawful attorneyin•fact,for it and in its name.plicc and stead to :cute in hrhalf of the said Company.at tutety.any and All bands,underfskinAs and contracts of suretyship,or other written obligations in the nature there-if:provided that file liability of the said Company an any such bond,undettakinboi contract of suretyship executed under this auta►rity shall not Exceed flit limit stated below. itiame Address limit of Power SMILEY C. LY1111 ALL OF ALL JAMES A. SCHALLER IAGUHA HILLS, UNLIMITED MARY J. JENNIS011 CALIFO'RUTA Thls P.wer of Attnrney revokes all previous powers issued in hehalf of tie attntrtey(t)in-fact nanterl above. IN WiTNrSSW1IEREOF the GREAT AMERiCAN INSURANCE COMPANY his caused these presents to he signed and altetleus by itsapproptisleofficets and its cosiiorate seal hereunto affixed this 3ISt day of March .ire h9 Attest GREAT AMERiCAN INSURANCE:COMPANY STATE OFOIUO,COUNT YOFiIAMILION • is: On this 31st day of March, 1989 ,heftier air petcurratly appeared RtiI rmr M.SC11Ui cR.tome known,bring duly%wort•.,deposes and says that he tesided fit Cincinnati,Obin,that he is the Vice Pst;`:,nt of the Gieat American Insurance Cant any,the Crimpsny desciihed In and which executed the thrive instrunirnl:lhat hr knows lilt:seal;:flat it was so aftxed by authnrity of lift offict under the Ely.l aws r.Fmld Carnpany,a»d that he tiynr'd hit name therein by like x)lhnsily. 77ds Power rf attorney is granted by aulhnrily of the fnlh witig resolutions adopted by lire Iloard of Uitectots of Grcat ' Atnedcan Insurance Company by unanimous written consent Jited Augusl ;.U. 1979, 17F.SOLYh'D; That the heikIrnt,the iereral 17re 0riftirWi onif Aiti;tent 17re l;ri&Ienn.sir ally air of thrill,he and hrrrhr it authntfttd,frrirn tirlr to tirre, to appoint one or more Attorne)-u rt•f act to execute in hrlraff of rhr Crmnanr, all "'errs,ass•aml all bonds, undertakingt and conrtacrr of suret'vihip, or other written obligations In the nature therraJ;err prric►ihe their reirretive du►tes and the rrtprctive limit.,►f their aatharity;and to res'oke arts,such arpoiritn ens at ant'time. ftFSOL rED FUKT11FR: 77ict the Company scat and the signature of anp.if the aforewid offrr1 riat•he affure(l hr farttmill to drip pawfr of attorney nr ceriffIca/e of rithrr given for thr rxecution of arse• hand, nnrlertaking, rontracr or rurett'thip, or other %"Itten ohligatlnn in thr tiaturr thrrraf, such iignature attif seal w•hrn ire used hriig hrrrhr afMptr,l by the [1mpares-at :hr et►igioal stgrre'nirr of such officrr and the original s:al of the Cmnvny,to he rode!an d binding urns the Contiwri.y with thr tame force am]effirt ax tht•u,gh srsonually aJllred. t CEPTIFiCATION i,RONALE]C. IIA YES.Assistant Secretary of ifte Gres!Americin irisursrtce Company.do hereby ctriify:hat the foregoing Power of Attorney and the Re:olutinns cf the hoard of Diteclois of August Z0,1979 hate not been revoked and are tiow in full force anti erred. i C Signed and staled this day of �wyr , .s i _ Slr!tgRKy�ttat i CITY OF HL.afVT19' G T'ON BEACH 2000 MAIN STREET .�.__ CALIFORNIA 92"8 OFFICE OF THE CITY CLERK June 1, 1988 I 0. C. Surveyor's Office P. 0. Box 4048 Santa Ana. CA 92702 RE: Tract Map 10067 Per our telephone conversation of this data, this is to verify permission granted by the City Clerk to insert words omitted on the City Clerk's Certification signed by Betty Tate on May 10, 1988. Alicia M. Wentworth City Clerk AMW:bt I I , ITduphom:714 MSM) f� CITY OF HLJNTTINGTt' N BEACH 2000 MAIN STPEET CALIFORNIA 92648 OFriCE OF THE CITY CLERK May 10, 1988 First American Title Insuraace b Trust 114 E. 5th Street Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 10067 w. (I This is to inform you that all fees have baen paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract flap to Bruce Croshy, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. aw4 Alicia M. Wentworth City Clerk Aft b t Enclosure Received by� '! Dated NOTICE OF ^PLETION W I Thi CONDITIONS ( RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE : FROM: PUBLIC WORKS DEPARTMENT ; Bruce Crosby TRACT NO. rJ0G.7 DEVELOPER CONDITIONS: Deposit of foes fur water, surer, ' drainage, engineerircg an-, inspection _ Bond for Improvement . . . . . . . . . . Signature of Agreement . . , . . . . . . Corti f Icale of Itr iurance . . , , . . , . florid for Monumont!. . , . . , . , , , . . � 1 .1hol• I1und . . . . . . It o r 1 � Signature �"Z"FL::?CiJ^^�.�",r:.`.�.:'L�i.:....a:.. ......•......:...-.nn:v:. .ram... ..-..�....+....+--_...__�_��-�......-.....�.���+e�a,► �r��—�;c' ,.;."1��' �'��. . •i'-...1�46v�..jiJ1'� �I lI` yt I N0710E OF COMPLIANCE WITH CONDITIONS ON TRACVPARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM. COMMUNITY DEVELOPMENT Douglas N. .La Pelle TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER i-boi I uglas L Belle .1 i i f i f 1 4 }} (93.,U'd) it II ,c �M .�� City of Huntington Beach LIVAAL ti P.O. BOX Ito CAL IFORWA OFFICE OF THE CITY CLERK �I May 4; i98R Sead iff Estates 18312 Cowan Street, Suite 200 Irvine, CA 92714 I Gentlemen: The City Covncil of Huntington Beach, at its regular i meeting held Monday-,_May approved tiv Subdivision Agreement for Tract No. 1 n67. r We are enclosing herewith a duly emcuted copy for your files. Sincerely, I Alicia M. Wentworth City Clerk AMW:pr Enclosure i A ! RE UES FOR CITY COUNCILACTION '`bP``' / fete -May 20 3 988 Submitted to: Honorable Mayor and City Council �`, Submitted by: Paul Cork, City Administrato��_. --.- Prapered by: nouglas N. La Belle, Director, C.ommun try—pevelopmen (( RC) E7 �- j Subject: FINAL TRACT MAP 10067, BEING A PORTI N OF TENTATIl Clr�'U:v i TRACT NO. 10067, SUBDIVISION AGREEMEt LETTER AGREEMENT FOR TRACT 10067 �� Consistent with Council Policy? pq Yes ( I New Policy or Exceftior: _ _ Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ATEMEI9T OF Tar UE: y The final map of Tract No. 10067 being a portion of Tentative Tract No. 10067, located on the northeast intersection of Palm Avenue and Cherryhill Lane, has been submitted to the City Council for approval. Tentative Tract No. 1OC67 will expire on June 2, 1989. $FC '' 1. Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2. Approve the map subject to the fiuding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission an set forth by Section 66474 of the Co-ernment Cade. 3. Accept the offer of dedication and improvements subject to completion of requirements shown. 4. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be proviCed; b. A certificate of insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. i P10 Was e. Tha Declaration of Covenants, Conditions and Restrictions shall be reviewed and app►oved by the DF,partment of Community Development and approved as to form by the City (� Attorney prior to recordation of the final nap. j� 5. It is also recommended that the City Council accept the attached letter agreement dated March 30, 1988, for the payment of Monumant, Improvement (Faithful Performance), Improvement , (Labor and Materials) , and Guarantee and Warranty fees. It in further recommended that the City Council accept the , subdivision agreement and instruct the City Clerk to file one copy j and return the second to the subdivider. The letter agreement has been approved for amount by the Department of Public Works and as to i form by the City Attorney's Office. f i A.ldliY= SUBDIVIDER: Seacliff Estates, a California General Partnership ENGINEER: Walden and Associates LOCATION: Northeast intersection of Palm Avenue and Cherryhill Lane ACREAGE: 6.332 acres LOTS: 72 lots and Tots A-J and AA-EE NO. OF UNITS: 72 ZONE: R2-PD-O-CZ GENERAL PLAN: Low Density Residential The 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, amv.nded and approved by the Planning Commission. To date, 10.28 acres have been set aside for dedication for the first three tracts of Seacliff Estates, of which this tract is a part. This amounts to a 1.82 acre surplus over the dedication .required at the time the tracts were approved. Therefore, no additional parks and recreation dedications or fees are required at this time. HCA 5/2/88 -2- (0467d) i r • • ENV-Z$QNMFt' AL STATUS: I� On January 16, 19.9, the Planning CommissAois a t 1 approved Environmental Impact Report No. 77--6, for this project itself. FMING fia 1=: Not applicable. bT�bCHMMS: 1. Area map 2. Subdivision Agreement 3. Latter agreement dated March 30, 1988, for Monument, Faithful II Performance, Labor and Material, and Guarantee and Warrai.ty fees I� D?TL'V :k1a 1 1 i RCA -- 5/2/88 -3- (0967d) ! i►. 4A �TLS cc Iry 1 'CXf-':•�-- � �Y 1� �� s•••.� • r*..•.•..wti� • I ROS-0 G R4-29-0 CZ ..l �. itR3.17--0-CZ .ti' '� �►+ '• `�.. \. �p�- irk �q.•. :'F .•�,�'-�. .' � `� 1 ,,� � R IS-0 ,ON' / R '.� � tea+• Rr4a•au `� f �� RCS-©-CZ ' ` •• �,• --.. Alt1'" / I\-` 'x'•3•.•, �. `__� •w sue. C'�'l-o I ' �w FT I t �! E MefOMOGTO►i MACH HUNT-WGTON KACH PcANRIMG DIVISION Bonk of Americas � South Orange County Commercial Banking 801 North Main Street Santa Ana, CA 92702 t ' March 30, 1988 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Seacliff Estates, A Partnership Seacliff Product Club Series South VII (Tract 10067) Huntington Beach Gentlemen: I. We hereby agree that the following amounts are to be earmarked in a separate account and will be used to pay the cost of the following described items in connection with Tract 10067: 1. Monument $ 60504.00 2. Improvement (faithful performance) $ 90,000.00 i 3. Improvement (labor and material ) S 45,000.00 4. Guarantee A Warranty we 9 OOG.00 $15U,'5U4:00 These payments will be disbursed to the borrower on the borrower's order, at the tiiae when the required work has reached the stages of completion. We have no obligation with respect to ensuring 1 ) proper completion of such improvements, including without limitation, workmanship, and timeliness, or (2) that the earmarked amount is sufficient to complete the improvements. II. In the event that there is a default by the principol (s) in its obtigatiun, all funds remaining in said separate account, if any, at the time of receipt at this branch of your written notification of the default, shall be available to you, at the same times and under the same condit4ons as they wM d have been paid to the borrower had the work been performed by the borrower, to complL to with diligence and pay for the cost of completing these improvements. Sank of America National Trutt and 5awngs Association s March 30, 1988 Page 2 fIII. We shall be fully protected in making payments and reliance on work-completion certificates from contractors and are not responsible for proper use of funds disbursed. IV. funds in said separate accounts are not subject to offset by us, and you shall have no obligation to repay funds disbursed as described in this letter. f Y. We shall have no obligation to disburse from said separ-.te ? account after 180 days have elapsed from the date the impeovements are accepted by the applicable approving authority. Bank of America Notionan1 Trust 8 Savings Association B • i 'Dennis dans, Vice President To Bank:w The borrower of the construction loan to complete the above subdiuf sion hereby agrees that any sum paid by you in acco• dance with your above undertaking shall be t deemed to he an advance to the borrower under the line of credit. Seacliff Estates, A Partnership 6y: Dated: Mansion Properties, Inc. General Partner By: -. Dated: All Rutte Limited, General Partner / By: Rutter Huntington Corporation As To Fo un Gl.!L IFJ-17I i CITE J. _�l:.' poi• C: i "'s 1 Endorsement or Approval to Letter Agreement The within letter agreement dated March 30, 1988 to the City of Huntington peach frog; Bank of America concerning certain assurances for the completion of monument, improvements, guarzntee R warranty for The Seacliff Estates project, as more particularly described in said letter, is approved as to form on the follows'ng conditions: The parties agree and the City of Huntington Beach ("City") reserves the right to: a. upon City's request, review and advance all payments to contractors, subcontractors, laborer, and material men. b. Declare a default after construction of the work of improvement has ceased for a period of six (6) consecutive months, unless construction has ceased because of acts or conditions not within the control of Seacliff Estates, its assigns or contractors. No default can he declared until thirty (30) days after such acts or conditions and City gives to Seacliff it Estates its assigns or contractors, written notice that i City will declare a default unless construction resumes within thirty (30) days from the date of such notice. i c. Charge back against a set aside fund City's cost of contract administration which are reasonably incurred and attributable to this agreement, provided that such i costs shall not exceed Five Hundred Dollars ($500). City Attorney By: Dated: Conditions Accepted by: Bark of America National Trust Savings Association By: ���,/<�,-. Dated: nr� Jans,- vice President Seacliff- E es, A Partnership By: Dated: Marrsion Properties, Inc. Gener'aTP u ne raT Partner B : Rutter Huntington Corporation •