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HomeMy WebLinkAboutFinal Tract Map 11417 - Final Portion of 11417 - Mansion Hil :TAT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California M.:rrh 6. l9Q9 Mayor_ Bannister called the regular meeting of the City Council o the he City of Huntington Beach to order at :30 P.M. Present: MacAllister. Green, 'Winchell , bannister, Mays , Silva, Erskine Absent: gone 4txtx*iAxsx irrx xxrtrAtf*+xx+xbt#xxxfxr**x***txkxxx*►*x*rx*r*xxx*xrxArs*xxxx*xxxxrxxwx x:t xxi CONSENT CALENDAR.- (ITEM APPROVED) On motion by MacAllister, second Silva, the following item was approved, as recommended, by the following roll call vcte: AYES: M?cAliist•er, Green, Wincheil , Bannister, Nays, Silva, Erskine NOES: None ABSENT: (lone • Yaa+laararrrre4aaarax♦a*arrrra*errtrr*rA**i*r*rxrrrt*rrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrr►rr NOTICE OF COMPLETION - TRACT 11417 — MANSION HILL -Accepted improvements dedicated for publiccuusi iin ract 7 locate `5W Clay'and untington, authorized iETease of the Faithful Performance Bond and the Monument Bond. instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. I I xxltxtr*atr44xvArx4xrrt al*at*xx"►aaYrrrlRxffrarxaAAAAfrAr*AAt11 r*Ie*frxtaxtfatxrftla xr**xf• lrwyor Bannister adjourned the regular meeting of the City Council of the City of Huntington Beach at to Monday, M�rch_ 9n, loge at 5:30 FM in P.00m R-y, Civic Center. HUntiUgto 3each, CA Connie Brockwav ATTEST: City Clerk and ex-off•;cio Ci erk of the City Council of the City Cnnnie Broctway of Huntington beach, Californir City Clerk STATE OF CALIFORNIA ) Wes Bannister County of orange Mayor City of Huntington Beach) 1 , CONNIE BROrKWAY, the duly appointed and qualified City Clerk of the City of Huntington beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the bth day of March , 19 89 . WITNESS my hand and seal of the said City of Huntington beach this the 8th day 'of March 19 89 Connie Brockway Mity Clerk and ex-o is o erk of the City Council of the City of Huntington Peach, California 117A puty r REQU " FOR CITY COUN' C' 1 ACTION Date !�q.r�,_4,-4sA - Submitted to:Honor3ble Mayor and City Council Submitted by:Paul E. Cook, City Administratoi-V Pre red by: Y: Louis F. Sandoval, Director of Public Works f, Subje: t: NOTICE OF COMPLETION TRACT 11417 Consistent with Council Policy? [< Yes j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Mansion Hill has completed all street improvements for Tract 11417 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Man Act. RECOMMENDATION. 1. Accept the improvements dedicated for puhlic use. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond. 4. instruct the City Clerk to notify the developer and th,.! City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: f.lansion Hill, 59-0 Broadway, #100, Santa Ninnica, CA Engineer: Walden r'• Associr,tes, 18012 Cowan, 0210, Irvine, CA 92714 Location: S/%V Clay 'c Huntington 1.ots: 1 Acreage: 1.556 Zone: R2-0 ATTACPMENTS: Sectional District IMap This tract has been comitrurtedi in substantial accordance with the plans and specifications art file in the Department of Puhlic Works. LFS:BPC:I.v 1977q/2 P1D S/M Jim Tr;SECTIONAL DISTRICT MAP 2�- 6-- II ���--•-�-= CITY -OF HUNTINGTON BEA'01 ORANGE' COUNTY, CALIFOIINIA USE OF PROPERTY MAP GARFILLD — Ave. J + _J u'► 3{ �•, .�iM . , _ i o i • ai ar"93 pq _ AT J_u h_i I i l 11 j -J. t t u1wfA — A. L-4 Ilk I ��r41 ��+' �j 14-- 3 r i �f!+�i�l��. t���T`^^'� �_ ♦ .,. .. o W 117 �, ADAYS AVE. J; CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNI 4 92648 OFFICE OF THE CITY CLERK January 26, 1987 First American Title 114' E. 5th Street Santa Ana, CA �12;01 Attention: Subdivision Division RE: Tract Map No. 11417 This is to inform you that all fees have been 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 Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 926:S. Alicia M. Wentworth City Clerk AM`W:b t Enclosure Received Dated d �� oU phom 71 s.53"277? r �+ • g, - - '' ityHiint in ton' Be­ a: icl ' P.O. nox too CALIFORNIA 92W OFFICE OF THE CITY CLERK January 22, 1987 f ' Mansion Properties Urbar, West Communities 2110 Main St. Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held January 20, 1987 , approved the Subdivision Agreement for Tract No. 1]417 . We are enclosing herewith a duly executed copy for your files. Sincerely, Alicia M. Wentworth City Clerk AKW:pr: Enclosure REQUER FOR CITY Co► C ACTION - o puj Date January 20 , 1987 Submitted to: Honorable Mayor and City Council Subrnittodby: Charles W. Thompson, City Administrato James W. Palin, Director , Develu m Ser.viccs Prepared by: Paul Cook , Director, Public Work . � F1NAL TRACT MAP 11417, BEING THE FINAL PGRTION OF Subject.: TENTATIVE TRACT NO. 11417, AND BONDS AND AGREEMENTS FOR TRACT 11417 LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND CLAY AVENUE i , -t ]"74, Statement of'lssue, Recommcndation, Analysis, Funding Source, Alterflative Actions,. Attachments: y APPROVED BY CITY COUNCIIL. consistent with Council Policy [< Yes [ ] New :col cy or Exception STATEMENT OF ISSUE : • CITY CL 1 The final map of Tract No . 11417 being the final portion of Tentative Tract No. 11417 has been submitted to the City Council for. approval . Also Section 66499 of the Subdivision, Map Act requires the local agency to approve bonds and agreements for new subdivisions. Tentative Tract No . 11417 will expire on August 2 , 1987 . RECOMMENDATION : I 1 . Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. � . Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 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 wit,, : a . A deposit of fees for water, sewer, drainage, engineering and inspections shall to P-ovided; �1 A Certificate of Insurance shall be submitted; � c , Subdivision Agreement; P10 V81 d . Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. e . The Declaration of Covenants, Conditions , and Restrictions shall be reviewed and approved by the Dlepartment of. Development Services and "approved as to farm" by the City Attorney prior to recordation of the final map. It: is alsc recommended that the City Council accept the following bonds and Lwo copies of the Subdivision Agreement , a . Monument Bond No. 713050.5 b . Park and Recreation Fees Faithful Performance Bond No . 7130515 and instruct the City Clerk to file them with the City Treasurer . It is further recommended that the City Council accept the subdivision agreements and instruct: the City Clerk to file one copy and return the second to the subdivider . All of the bonds have been approved for amount by the Department of Public Works and , as to form, by the City Attorney ' s Office. ANALYSIS : SUBDIVIDER : Mansion Properties, Incorporated Urban West Communities 2110 rain Street Huntington Beach , CA 92648 ENGINEER : Walden and Associates 4002 W. Garry Avenue, Suite B Santa Ana , CA LOCATION: South side of Clay Avenue between Huntington and Main Streets ACREAGE : 1 . 573 LOTS : one lot NO. OF UNITS : 29 'LONE: R2-0 GE14ERAL PLAN: Medium Density Residential nISCUSSION: The map has been examined and certified by the Director of Public Works and the Sect:etary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended, and approved by the Planning Commission. RCA - 1/20/87 -2- ( 7065d ) ENVIRONMENTAL STATUS : Environmental Impact Report No . 79-4 was approved by the Planning Comission on Marc: 2 , 1983 . FUNDING SOURCE : Not applicable . ATTACHMENTS : 1 . Area Map 2 . 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G O O lC A �' u a . . h:. Qom, rr tr •-CO.0 p R4 m ( -CO.0L. FT11417 Hi1K:lNGiON iEACII HUNTINGTON LEACH PLANNING ' DIVISION NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/rARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clark FROM: PLANNING DIVISION James W. Palin TRACT NO. PARCEL MAP NO. RECREATION & PARK FEES PAID VdS14ZA _ OTHER: iq e, -W� I,JOT ICE OF •1PLET I ON WITH COWD I T I Otl-c TRACTS AUTHOR I ZAT I Otl FOR RELEASE FOR PECOF;n I tlG TO : CITY CLERK DATE I.,r--7 FRO14 : PUBLIC WORKS DEPARTttENT Bruce Crosby TRACT 0I0 . i'`�� DEVELOPER CONU I T I OtI5 : Deposit of fees for water , sewer , . . . (C � drainage , engineering and inspection Bond for improvement . . . . . . . . . . Signature of Agreement . . . . . . . . . Corti f i ca t e of I nsilrollce . . . . . . . . Horrat for Mor timen t . . . . . . . . . . . i .111or ` S•i.ti I i ,r I Bond . . . . . . . . . c� lho : Signature SUBDIVISION 'AGREE14ENT I :. THIS AGREEMENT is entered into this -4 day of der left! 14r61 by and between CITY OF HUNTINGTON BEACH, a municipal corpora- tion of the State of California , hereinafter referred to as "CITY, " and MANSION HILL, a General Partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS j WHEREAS, SUBDIVIDER 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 other improvements therein to public use, and is about to file with CITY a map of the tract or land known as Tract No. 11417, and As a conditon of the approval of said subdivision map and the acceptance of the dedication of the streets , alleys , and other improvements in said subdivision, SUBDIVIDER is required to enter into an agreement with CITY to do and perform the work hereinafter specified and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith , and for the guarantee and warranty of the work for a period of one ( 1 ) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499 . 3 of the Government Code of the State of California , and Article 997 of CITY ' s ,ordinance code: 1 . NOW, THEREFORE, in considerai.ion of the promises and agreements reements of the parties as herein set forth, the parties agree as follows : 1 . GENERAL STREET CONSTRUCTION: SUBDIVIDER does hereby agree to do and perform the follow- ing work in said tract: i I The construction of streets , including excavation, paving , li curbs , gutters , sidewalks , trees , landscaping, etc . , sewers, including construction of main lines and lot laterals and structures; street lights, street signs, construction of domestic water system incltding the construction of water -mains, lut laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in Chapter 99 of CITY ' S ordinance code, and all of which said work shall be done and performed in i accordance with plans , specifications and pro-Files which have been approved by the City Engineer and filed in the office of the City Engineer and all of which work shall be done at the sole cost and expense of SUBDIVIDER and as a condition for t-he 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 hereof , and all labor and material bills shall be paid . 2 . ARTERIAL HIGHWAY IMPROVEPIPNT: SUBDIVIDER agrees to complete all arterial highway improve- ments, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract . 2 . I i 3 . GUARANTEE: SUBDIVIDER shall guarantee all work and material required to fulfill his obliyati.on .as stated herein for a period of one ( 1 ) year following the date of City Council acceptance of same . 4 . FAITHFUL PERFORMANCE: SUBDIVIDER shalom faithfully perform all of the work agreed herein to be done by SUBDIVIDER and shall fully indemnify and save harmless CITY from all cost and damage which it may suffer by reason of failure so to do and shall full!, reimburse and repay CITY all outlay and expense which CITY may incur in making good an such } P Y g 9 Y defaiilt . S. INSURANCE: SUBDIVIDER a5rees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUB- DIVIDER at SUBDIVIDER ' S sole expense , a protective liability policy in which C1`?L'Y is named as an additional insured . The policy shall .insure CI•rY , its officers and employees against loss , damage or expense by reason of any suits , claims , demands , judgments and causes of action caused by SUBDIVIDER, his employees , agents , sub- contractors , or by any third party arising out of or in consequence of SUBDIVIDER ' S performance of the agreement , except where such loss , damage or expanse is caused solely by the wrongful acts of CITY .. its ayents , Ofti.cers or employees in connection with the general supervision or direction or the work to be performed under this agreement . The policy shall provide for no.: less than the following amounts : 3 . I Combined single limit 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 arrange for the policies to be so condi- tioned as to cover the performance of extra or unforeseen work , should such work become necessary . Prior to the recordation of the Final Tract I-lap, evidence of insurance shall be furnished in a fc.m satisfactory to the City Attorney . In addition, SUBDIVIDER shall furnish evidence of a commitment by the insurance company to notify CITY of the expiration or cancellation of any or the insurance policies required hereunder not less than thirty ( 30 ) days before each expiration or cancella- tion is effective . 6 . WORKERS ' COMPENSATION: SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California , and shall indemnify, defend and hold harmless CITY from and against all claims , demands , payments, suits , actions , proceedings and judgments of every nature and description, including attorney ' s fees and costs, presented, brought or recovered against CITY, For or on account of any liability under any of said acts 4 . which may be incurred by reason of any wort: to be performed by SUBDIVIDER under this agreement, and shall provide to CITY evidence of Workers ` Compensation, Insurance satisfactory to the City Attorney . 7 . LIABILITY FOR WORK: CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this contract prior to the completion and acceptance of same, nor shall CITY nor any officer or employee thereof be liable for any person or property injured by reason of the nature of said work , but all of said liabilities shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to protect CITY and the officers thereof from all liability or claim because of, or arising out of, the use of any patent or unpatented article in the construction of said work . 8 . PUBLIC WARNING AND PROTECTION: SUBDIVIDER shall at all times from and after the acceptance by City Council of the highways 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 highways or any of them, and will protect the travelin"g � 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 highways not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all or a portion of any street %►'honever it is necessary to protect the 5 . traveling public during the making of the improvements herein agreed to be made . SUBDIVIDER hereby agrees to pay for such inspection of highwa y y s as may required by the City Eng4neer of CITY . 9 . INDEMNIFICATION: Neither CITY nor any of it officers, agents or employees shall assume any liability by reason of anything done or omitted to I be done by SUBDIVIDER or by SUBDIVIDER ' S officers , agents and employees under or in connection with any v.ork performed pursuant to this agreement . SUBDIVIDER shall fully indemnify and save and hold harmless CITY, its officers, agents and employees from any and all liability, losses and costs imposeu for injury occurring by reason o;: anything don, or omitted to be done by SUBDIVIDER, and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of this agreement against CITY, its officers , agents or employees . 10 . ATTORNEYS ' FEES: In the event suit is brought by CITY to enforcE the terms and provisions of this agreement or in any bond given to secure the performance hereof , a reasonable attorney ' s fee, to be fixed by the court , shah. be paid by SUBDIVIDER . (REST OF PAGE NOT USED) G . STATE OF CALIFORNI.: ) CMN71 OF ORANGE ) s$ On this P/ •�� day of J hKy0.M , 19cr _Z__, before me, a Notary Public in and for said County and St te, personally appeared IiR << , known to me to be the Mayor and 6 L.t ' nown to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed ilr the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged .! to trre that such s+ micipal corporation executed the saxre. OFFIUAL SEAL CONNIE A BROCKWAY riotAIZY PUBLIC - CALIFGRP:�A w fly covi,. expiros Oct 10, lSE3 i IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written : SUBDIVIDER: MANSION HILL , CITY OF HUNTINGTON BEACH : A General Partnership By : MANSION PROPERTIES, INC. W. ohnson , President M r W/0 ; i ►1 Clark , Sexy ./Trees ., ATTEST: APPROVED AS TO FORM: .I k .. r • /Z �-. City Clerk #/x3167 /0_1_k4Citl, Attorney REVIEWED AND APPROVED: INI`!'IATED AND APPROVE(/: Ile ity Administrat Director of Public Works 1 SUBDIVIDER: MANSION HILL, A General Partnership By : UWC-PUNTINGTON BEACH , LTD . , Managing Partner By: THE BURNAM FAMILY TRUST OF 19821 Managing General Partner Norman Burnam, Trustee I 7 . STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) n h'. 2 day 1 7 a the undersigned, a O t is 3rd y of 98 , before me, Notary Public in and for said State, personally appeared J. W. Johnson, i known to ine to be the President, and A.J.Clark, known to me to be the Secretary-Treasurer ofMANSION PROPERTIES. INC., the corporation that executed the within instrument and personally known to me or proved to me on the basis of satisfactoryevidence to be the persons whose names are subscribed to the within instrument on behalf of said corporation, said corporation being known to me to be ageneral Partner of MANSION HILL, the California general partnership that executed the within instrument and acknowledged to me that said corporation executed the same pursuant to its g P bylaws or a resolution of its Board of Directors as a General Partner of MANSION HILL, a California general partnership, and acknowledged that such general partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL Signature: 1NEPESA KILLEEN g -� ?`{ 11c;13ry PuVC-caU07M3 ORANGE GOUNIv vy covii Er7. Jan.26, +590 .vsravc.•'"'r��-c s+., cn t 21M Theresa Killeen Name (typed or printed) (This area reserved for official seal) My commission expires: 1/26/90 46 ACC:AD. CERY'XFICATE br w.INE3 NCE (.1coon esB -- 31/f3a) /J 1.�• i.�Ci�2/C.� Mb.IrrW..+ N,V.M.rM.IF/RIi1 .�Nr.MMww� Nww/wwr.lAAM.�M.+I w1r1/�rw1.7..+rr/If./ /r �rA ArMwrrr w.N.Rwwr Mf..rr�l wr./MwMMr.w� THIS CERTIFICATE IS ISSUED AS A HATTCA OF INFORMAY"ION ONLY AND CONFERS NO .AletiTs UPON THE CERTIFICATE HOLDER. THIS CCRTIFICATC DOES NOT AMlErIDi EXTEND OR ALTER THE COVERAGE AFFORDED DIY THE POLICIES ,SCLOW. N%'iM>w AND ADDAC013 Of Ai3CNCS's COMPANXES AFFOADSNA COVCAASEs SANDL I N R ASSOCIATES It`tE:?F:t}�-rtC� f�t;�t:itlrY. I rtC.. COMPANY A s SAPECO 1(4l WPAO,Ce COMPANY P.0. x:0.X' 76 9 IK:awf-lE1', CA Sec 4"1•-07E9 ."'Of0tPANY PA COMPANY CA �g�^ NAME FEND ADDRESS OF INSURE:0 s ,Qv� Ag 1 i t�l Attorn©Y tih•me,n COMPANY 03 �I� ��'1TQlj • li-Y �{,�Ornes r—NA x•��u:vl�sy/ r u z t r_ 1 t��� rs C DePu � COMPANY Es By IA�11w M.w M,^1.xY��►I�I�W MAIM I�wil //i�/;MA/./.MM.INI►MrIfM4..A'II/M!i/IW.IY MMM.�M.Mr'/N.r.i/Mwi/r lYr/MM.YMM/M/MNIf..P1M.N. MMrA.w r.wl.M w1 THIS IS TO CERTIrY THAT POLICIES OF ImSURAPICE LISTED 6ELOW HAVC DECN ISDUED TO THE INSURED NAMED A60VE. FOM THE PeRIOD INOXCATED. NOTWITHSTANDIN13 ANN' ACQUIREMENTq TERM OA CONDITION GF ANY CONTRACT O►� OTHER DOCIU,mCNT Wil"H ACOPECT TO WHICH THX5 CERTIFICATC mASI DE ISSUED 0izl mAlpl PERYAIt-le THE INSURANCE AFFORDED BY YHE POLICIES CSCAX,SCD HEREIN 16 SUBJECT TO AL-L TCRMSq EXCLUSIONS, AND CONDITIONS Or SUCH POLICIES. LIMITS Ot•` LIADSLITY c4MP TYPE POLICY t►IUMPER It# THOUSANDS (rc�00) LETTr~`R Off• INSURANCE CFFECTIVE/EXPS RAY'lON DATE >a eENERPL L.IAr-iI L I TY E� er4?ti:•c :�+. X COMMERCIAL 3CNERAL i!c,''05 67 TO 0 -Zaarn LIAZILITY EACH OCCUfiRENCE s is 1 . ti000j CLAIMB MAD>L A OCCuft9ENCE tZP1ERAL ABt�RtClATE s t 1 . ��cz��. X OWNERS A CONTRACTORS PROTECTIVE PeRSONAL A ADV"f"RTxr XNiR INJUM's x 1 . ti000. FIRE DAMASE: S ANY 1 FIRE) r Y. 80. MrbICAL CXPENeE (AN't' 1 PlEnSON) s S. A ✓ . AUTOMOBILL LIAQXLITY f,A 61NE-4'1 ANY AuTtl TO (e:ACH PCR80N0 AL LL OWNED AUTOS 1PRZV. PABSeNOCA) C-41 s (CACH ACCIDENT) AL1., OWNED AUTOS (Not"` PRX V/ PASSENGER) PROPERTti' +I►A ACSE s X HX AEO AUTOS X NON--OWNED AUTOS EI A PD COh'iLe+3rlt,*Ds 1 . xi�tiri, SAfitNIE L.IAPILITY r {r va J.0 N .1 rl 07 INS: & tiENEf ITS I ' r • f Qirp CE AT C F I CATC OF I NSUMANCE t ASC t A�mw WSW 6"mbm m MA'r/N..Oman"m1ow.*."r on"0.M."W."MA.F M.MM M�/N dUAM ...MN AIMMF. �iw wM/ wMr•r�Y.��•M.r/r A.aM t.IMI Tq C�tr I..SADII..I i Y COMA TYpE POLICY NUMDCA Xff THOUSANDS 4rc"'00) LETTER or INSUMANCC 'CFP"E0TI4'C/eXPIAATXGN DATE +EA. OCCUfi. ./AGl3ALrGATE CXCESS LIABILITY UMORCL.LA FORM TO OTHER^. THAN DI A #A COmt-+INEDI UMBRELLA FORM WORKERS COMPENSATXOt•1 t�r�D •+6TATUTOAY« EMPLOY£RSA LIABILITY TO EAC h ACO.ILtENTi DISEASE POLICY LXMITY D1 aEASe EACH CMPLO-•EE s i CITb-ER TO : I � I DESCRIPTION OP OPEAATIONS/LOCAT IONBi'V£HICLEB/SPCCIAt.. ITEM8z �s�ACT rvt�r�k�r r'<B 1 eem&. 1 e`se-4. i c S-1. 1 1-4 ! `' ....r...... CANCELLATION ....+..»..........M..,,.....----------------wr—.w.wrr--------wow.. ---- ------ SHOULD ANY Of' TrtE ABOVE DeSCAXBED POLrCICS Sr CANCELLED „kcromL- THE EXPIAAT]ON DATE TmCREOr. THE f0dUlmG COMPANY WILL 09MXT"XXXU MAIL 30 DASIB WRITTEN NOTICE: TO THE Lac-Low NAmco CERTIFICATE HOLDER. ��uox�aac�cx�a�caxac x��r�x�xx��xxx�ca x�xxxQ�xxx�r�cxx�cx ;�x�tsca�XX�Xxx�Px�cX xxkxxxccip t`xXxx=xs� oxv- xxxx)mRIxxAAMAxxKnxxOmmRPMX)fxAl• r...w.... C rRTXFrCATe HOLDER rrwr.rrwr...rwrrw.www.rrw----.r—w..rww.....�r,�r.w.a•Mar www.w.i.rw..rrr.r.. r.w wrw.rwr CITY OF -1UNT I► OT'ON DEACCH .DATE. S SSUED x Zl6.rl 3. ,'67 DEPARTMENT OF SUET.T t: 6,00e mA.Irl STRE :T HUNT INOTOr4 BEACH. C•A gt:!64 1 ienmi;RIZED RePkeSENTATIVE� J U N 17 1987 INS, k UENEFITS l QWY OF HUNi INGTON DkACH, CALI NiA » 11. 1). I14011 190 Rv: Jr~ Iluntitirtnn Nrarh, CA 92648 A MUNIf1PAL CORPORA.ION This is to certify Out the policlee of IMUrvmv as described b-41" hove inLxt iotrsd to the inturee Ey the undemI rwd and are in force at this time. if those policies are carrcollr.d or chtnoW in ouch a nunntr that will affect tMs certifiate, the insuriwce compeny Pgrees to give 3� prior written natia, by mail,ta.City of luntington By. ch, P.O. Box 711, Huntington asach,CAlifornir9260. ALL ITEMS MUST BE. COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND "DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IW WRITING BY THE CITY ATTORNEY. MANSION 11I1-1- 0 a General Partnership Name of Insured Address of Insured520 LoabwgX , suite 100, Santa Monica , CA 90401 7600 Clay Avenue, Huntington Beach, Cq 92648 Location of Work or`Oprnttwo to be pwfomwd -.---�.r--� i Ili17 Description of Work or Optrations ---�-- _..�.,...... LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY N0. Elte:tlw E*rwtbn In Thousi bs 1000) (INS.! GENERAL LIABILITY IX) COMPREHENSIVEFORM CP 806213 9-30-86 9-30-87 t 500,000 aL SAFECO INS. CO. (XI PREMISES-OPERATIONS Each rkwla (Xi EXPLOSION AND COLLAPSE HAZARD iX) UNDERGROUND HAZARD iXI PRODUCTS COmPLETED OPERATIONS HAZARD IXI CONTRACTUAL INSURANCE iX) BR01 D FOAM PROPERTY DAMAGE iX I INDEPENDENT CONTRACTORS IX) P�R!ynNAI.INJURY AUTOMOBILE LIABILITY ' K 1 COMPREHENSIVE FOAM BAB06213 -30-86 9-30-87 1 ,On 000 SAFECO iNS. CO. K I OWNED t .CIL Each Ooeurenaa R i :0RED K I NON-OWNED - EXCE0S LIABILITY i 1 UMBRELLA FORM t 7 .504_000 GREAT AMERICAN IXI OTBER THAN 5CU97251 10- 1-86 10-1-87 SURPLUS LINES INS. UMBRELLA FORM CO. WORKERS'COWENSATION and WC806213 10- 1-86 10- 1-87 500/500/500 SAFECO INS. Co. (EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach end its City Council, and/or all City Council appointed Voups; committees, commissions, boards and any other Wty Council appointed body,and/or elective and appointive officers,siervants or employees of the -City o! Huntington Beach, when tictlrq at such are additional Insureds hereunder, for the acts of the insurad,and such insurance shell tx primary to any insurance of the City of Huntington Beech,as their interest may sp,ear. One AVTHOR1?LD 11CPRL1ENTATIV A'NY INSURANCECOWA14Y SAFECO INS. Co. fly LYLEnL. SANDLIN Addrow17570 BR00iCHi1RST STREET f D0144EY, CA /Z �0241 Chv City - FO,U U jA I N YAL L E Y• .,f .227iili......�...,.�.. T�rho►4e rwr i rr.�rl�—pwlNar rs.r�. ■rnf ur•.rrr.rr. rr�rrr HOLD HARMLESS AGRtEMENT Ito bi axeauted by Insured) The insured • --EARBEESU I,. — to prutrct, ttafestd, Indemnify, save, and hold harmless the City of Hun tlrgton Beach its officers. agents, and enVWyete 4"hw any i!zNllty, lass, w•.TOO. past, or exptnes by reason of any and all liability, suits, claims, d'en"rods, jodgrroents and eausee of twatkrr, cursed by Inured, his employee+, sprits or any ruboorttnaotor at by any third party rr)sirtg out of or in ccnosqusaae of the Ptrformtiarw of all or any optratlony or activ?*y for which this oertlficats of Inturam is fumishai, 011) Sole Prowirlorship (2) f nn&rWp (3) Corporation (4) 4tMr (ttsrte) HOLD HARMLESS 310149DI ey Inpw $ MANS I ON H 1 LL A GENERAL %4TNERSH I P (Au ne be prtrt+sd sr tyRai UWC-HUNT I NGTON QEAC1 , L M I TEO be�x each 84 e'1 dy insw : ,-BY THE BURNAM FAM i LY TRU1:60F 1982 MANAS(NG GENERAL +�wnurr.rr.wr.�.. PARTNER, 'BY NORMAN BURNAPI, TRUSTEE II Ca "M;on,TWo 4#?W <""k&I"-ee PI liset e114100%,J eati►Nkvi&n so Mnd �Aj P�I"�"'UP' OFHU�ITINGT BEACH INTER•DEPAR"IENT COMMUNICATION ►li�YT1tiCT(tiM I►IhCH Honorable Wes Bannister, Mayor From Gail Hutton To and Members of the City. Council City Attorney Mansion Hi 11 V• Ci tY Date July 24 , 1989 Subject Pursuant to the authority of the Council , we have lately settled the Mansion Hill case. Attached hereto is a copy of the executed- settlement agreement which was approved, by the Council in closed session on May 23 , 1989; it has now been executed by all parties and their counsel . The agreement settles the cage by granting Mansion Hill a credit in the sum of $219 , 000 toward future park fees . The settlement f was ac:i.eved after a number of mandatory settlement copferences and substantial negotiation between the pa.-ties . Because of the large amount: of money involved in this case and the uncertainties: in the facts, we believe this is a highly favorable settlement to the city. In the event a court determined that the park fees were overpaid, the city would be obliged to repay them in cach in the approximate amount of $501, 000 , plus interest thereon at the raEe of ten percent per year from the various dates of payment , in 19890 1985 and 1986 . This settlement: was earlier approved by the Council on June 27, 1988, but at that time the plaintiff was unwilling to agree with it. We are not exactly sure why the plaintiff decided to accept the settlement at this juncture, although we find it' generally is � easier to settle cases on the eve of trial . The figure of � $219 , 000 bas:.call.y splits the difference between the .Parties in �yIY the contested amount of park fees, and also waives interest, costs, and attorney fees . We are transmitting herewith a copy of the agreement; to the departments of Community Development, Administrative Servicer, and Treasv.rer , so that they can implement its provisions as appropriate. Gail. Hutton City Attorney GH: sg Attachment cc: Cormnunity Development, Administrative Services , Treseurct , City Clerk, and .City Administrator i .12744/SCS328 M 5/17/89 f SETTLEMENT AGREEMENT jbi This settlement agreement. ( the "Agreement" ) is made at.. Runtington Beach, ,California, as of May 1.7 , 3.9$9, by ;and between MANSION ,HILL, on the one hand, and the CITY OF HGNTI14GTON BEACH ( "'city") , on the other hand, With reference to the following facts. A., Mansion Hill- f iled 'an .,application for a subdivision map Ifor tentative tract 11417 *.pith' the City. to subdivide Sand owned by Huntington Beach Company in` Huntington Beach, .Cali- fornia. The I:ity accepted . the application. on January 21, 1982 . B . On' January 21 , 1982, the City had an ordinance, which had been in effect For more than 30 days, which required that a developer wishing to have a subdivision map approved dedicate land for park purposes , or pay in lieu feep- of specified amounts. C. In August, 1982 , the City changed the standards for ca.lcular.i rg in ?lieu park fees, essentially doubling the amount of the fees . D. In April, 1983, the City Planning Commission approved tentative tract map 11417 , as revised . E. On June 24 , 19A5, Mansion Hill co=enced an action. entitled Mansion Hill. v. The City of Huntington Beach, O.C.S.C. Case No. 461950 ( the "Lawsuit" ) , which contended that the in lieu park fees are i ..) be calculated based on the standards in effect in January, 1982 . F. On September 8 , 1986 , the City filled its answer which denied the allegations contained in the complaint in the Lawsuit , G. , Without' admitting the validityof any of the contentions which have, or night have , been made in the Lawsuits the parties to this Agreement desire to set':le the matter, prea- ently in dispute - between them. RX. Civil Code � 1542 provides : "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor . " Y. 'Phis 'Agreement contains .the entire agreement and understanding concerning the subject matter.- among the parties to this Agreement and supersedes and replaces all prior negotiations . and:.proposed agreements, written and, oral.. . Each of the parties hereto aeknowledges . thatno other party, nor the agents nor . attorneys of any other party, has made any promise, representa- tion, or - warranty whatsoever, express or implied, not contained herein to induce the execution -of this Agreement, and acknowl- edges that this Agreement has . not been executed in reliance upon ' any peomise, , representation; or warranty not contained herein. This Agreement may - not be amended except in writing and si`5ned. by . , all parties hereto. '• J. All of the parties to this Agreement hereby acknowledge that they have been represented by independent counsel of their own choice throughout all negotiations which preceded the execution of this Agreement and that they have executed this Agreement with the consent of, and upon the advice of , their own counsel . . r IN LIGHT OF THE FOREGOING FACTS, IT IS MUTUA LY 'AGPX-ED THAT: I. The City hereby grants to Mansion Hill ; or its designee, a credit in the sure of $219 ,000 ( "Cred t" ) . The Credit sha:'.1 be applied, as directed by Mansion Hill, or its designee, against in lieu park tees which the City may charge Mansion Hill , or its designee, on projects within the City. In lieu park fees for any final map for Tentative Tract Map 11417, not . yet recorded, shall be calculated pursuant to the in lieu park fee ordinance in effect as of the date Mansion Hill filed its application for Tentative Tract Map 11417 , January, 1982 . 2. Any portion o; the Credit not used within 10 years of the 'date of this Agreement shall be Forfeited by Mansion , Hill . No interest shall accrue can the Credit. 3. Upon receipt of this Agreement. ,signed by both , parties, Mansion Hill -shall dismiss .its complaint In the Lawsuit with prejudice and shall provide counsel For the City with a conformed copy of the request for dismist.al as filed. A . Each party to this Agreement shall bear its own Attorneys ' fees and costs incurred in the Lawsuit . j S . Except as provided in, this Agreement , Mansion Hill and the City release each other and their agents and attorneys frcr: any and all claims , demands and/or causes of action which may any t:ga;nst them, whether known, unknown, or suspected l which arI.'e.'out . of or are related to, the J.awsuit or the events giving 'rise to -the Lawsuit, and hereby waive the provis;oMs Civil Code § 1542 set forth in Recital R above: .6. " This Agreement is enured into solely . for. the` . benefit of the parties Hereto, their successors, transferees and assigns. ' 7 . If it becomes necessary to enforce any. of the terms - of this. Agreement, the .prevailing party shall be entitled' to ' reasonable attorneys ' fees and other costs of. litigation'. in addition t,:, any other .relief . to Which it °may be entitled. 8 . This Agreement and all rights. and obligations { arising out of it shall be construed in accordance with the laws ` of the State of California. 9. Any litigation arising out of this Agreement shall r be -conducted only in Orange County, California. ?0 . This Agreement may be signed in `one or 'more coun- terparts and, when all parties have signed the original or. counterpart, such counterparts together shall constitute one original document . c , bIANSJ.ON HILL j,!' rvAlaAvlwe y7 Dated: Y t s: 'rz`� .......^...... THE CIT. OF �. 'T V TUN BEACH i i Dated: FIay 22 ,, Hy:.,s..:.....�:s, itsi .t'P-1a ty City Adrain tray APPROVED AS TO FORM.: COX, CASTLE & NIC.HOLSON Dated: By: ...�..•:.�___�...... SANDRA C,STEWART . Attorneys. or MANSION HILL (Signatures continued on page, 4 ) -3- (Signatures. ontinued from"page -3) GALE "HUTTON, City Attorney Dited: " 8• f/ ROBERT SANIGSTE , Deputy city Attorney Aktorney3 �cor THE �CITY OF HUNTINGTON BEACH v l _ i f