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HomeMy WebLinkAboutFinal Tract Map 11417 - Mansion Properties, Inc - Subdivisio ST,T OF TYt= "TIGN OF tN; C: I ? COUNCIj COL"Cil CnamOer, tits Hj11 Hintington Eeach, California ua►U• Ca'nt5te- Called Lne reailar meeting of the City Council o the Liti or Huntington Beach to a^0er Present: 'lister. 'f.Qn, n!r,_r• t 7d(,/`.1it<<' 'd;5 �' � .d _I;i Abs:'r*.: •tarp iaifiiifff fill###f#fff#f•##•#fff#Iff/R/ftff/M1111•If I11rlltff#f if ft�/ffffff ifff#flffflf�f#•f tj t,r t. .+1.i✓,��`•�'..'-Y= ' .,,• t .. n,:5 y: . ..YQ:. as reccry-en.'-mod, �.. . ���. " .t:' , 3�'+:_ . A .�.t• • .. .r ,�A(', t/':�y • 1 • • Lr: •tit ♦ .r r.....................I.............4.................... ......•...... 1•.\.•..•f••r TRACT 11141 - MANSIC!1 -kceptec, i,;provt`re tS (iedic ted for C,iT+l / nCdtt?Cr 3;; and '<ur,tir,!t_•n, duth0rizCG release of Lhp =a.thful Perfor^'ance bcnd oral the Lcnd. instruCtec' the its Cleri to notify the ,'P':e'.opt?r and the C':i 'r?a'. ;rer :o no:ltj tt't' C.'rQirm cr!!;Zr.: of Lh1S dCLi']►t. f f/f I f f f/f I a f I t f f I I f f f I a f f a f a r I f r f f f f f I f f 1 f f.I f f 1►r 1 1 f►►I r f r I I r I I r I I f f 1 1•f.1 1.I w f•f I f f r f• Mayor �,. ._r d�t�,Jrf,t .'. :re regQ ar -,eettn cf the ^ , n of the C:ti ;,' "urt7r;tr,n cea-�. y n ' Cou Cti ,-tty Clerk an! tx-:fftcie :Jerk cf the City Council .�• the City i ».•;�;«; of Hur,tinct^r zeacr,, California STATE OF CALIFOR41A ) et5 drntster County of Urange ) Rayrr pity of muntjc:;ton Be.t:n1 I , CC'�'tI: ^C�Cr.i;ir , tr.� ;.,ly d��Gint?; ana Qudlifiea Ci'y Clerk of the City (if Huntin;ton 5each. California, do hereby certify trat the agave and foregoing is a true and correct Statement of Action of the City Councii of 3ai4 City tt their regular treetin; held on the firth day of Mar_n . 19 29 . ;+;TNiSS my hand and sea; Of the said City of Hunt`.ngton Beacr.. thi; the 8th day of ''arch 14 �9 Connie Sroc►'.,;,. �iLy C rrk t.nd tz-o 1c70 Lurk Of the Citt Council of the City Of Huntir..,;on Beact?. California Br ,CxZ;q . ch-Lx� .Q Outy REOUEP FOR CITY COUNCIPACTICN Date isrig SubmK1Wt0:11r1n(1r'11)l(. %'Wor. -1111 "it- r-mvicil Submitted bV:Paul E. Cook, t-ity A,fiministratnr b It ly v 1'V6Pd"W by:r Ln-ji- F. 9nndrwil, '_)ir:,rt.n•- nf I'Wili­ Subject: r�.,jolj*_ r10 j r; -\(,* r 11 '417 It w Consistent with Council Policy? Yes Now Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT (-)F ISSUE: r If-tv-d !ill sm�f-t n- ,, en-w st inq Antisirm Hill hm, ('_0;T1D I T -t 1 1 '41 7 jn�I i "-i r,-*,V)';.7 .0 "1.- vi-fivi-J,vt %1,ri Ar-t. RECOMMENDA TION,. I. Accr%nt ttip 2. F-uoihil 3. 4. Instrtict tho 17itv .)­J 01ri to !v)-if% h)-yi finq if 1", ANALYSIS: I-m-ation: r I q Arrer)rr: I (l Eli) A rTACHME',jTS: S.,Ctionrii Oirtri,-t rhis I-t­I !)jqJ!" -In(, -if ir-)t irrr, on fi I— m F 5:, I 4;I Al/2 '0015 i SECT 10NA 'L DISTRICT MAP 2-6- II :tiff C A OF HUNTINGTON BEACHA 0 R A N G Ej C 0 U N TY. C A L I F0 R N IA USE OF PROPERTY MAID G604/ILLD AVE .....�....«».+.1 �.. :.-,y—..•.... .i' : i :,t,... a t r.a .!� ..t• r•/' t� i 1 � I I I! L•' I 13 L i � t � I �� L�U•—— III ` . •_—..,_�....—_... 'r• , .. f` r _ - C F- I�. ._ ; A. •' __ 1•'t • I Lf I r �( . ._�. _ _ + i ,=i- rr •Ir � •• � ►- ` I �',' i" " sue: �" Q. �� r a,.. •— 1' •.... '�:,�'L (E ��.. —j 41 L`_..� _: --' L ADe�S AvE I 0 CITY OF HUNTINGTON BEACH `YJI 20W MAIN STREET CALIFORNIA 926 1 OFFICE OF THE CITY CLERK January 26, 1987 Firft American Title 114 E. 5th Street Santa Ana, CA 92701 Attention: Subdivision Division 'R • �E. ract Map No. 114 7 This is to inforri ycu that all fees have been paid and conditions met on the above naTed 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 Woriks , P. 0. Box 1, 90, Huntington Beach, California 92648. Alicia M. Wentworth City Clerk AMW:bt Enclosure Received •� l �' ��- Dated 1 L City of Huntington Beach P.O. box ISO CAL.IPPOO M&A 900 OFFICE OF THE CITY CLERK January 22, 1987 Mansion Properties Urban west Communities 2110 Main 5t. Huntington Beach, CA 92648 Gentlem -n: The �:,.ty counci ! c: ii:uit in.;tori i3eacn, at itzi regular ft-e_•ting vela January 20, _1987 approved the 5ubdi vi sion Ayreemnt for ':':A Z I 3o.11417 . M-, area enclo:,iny :wrewi l—h a .:ul'r omecute,i zopl for your flle�. 51nCeL'_11, Allc:a M. Wentworth City Clerk A.''W;pr Enclosure . , 111 REQUE FOR CITY C0 / t C _ ACTION Date January 20, 1987 Submitted to: llor;orahle Mayor and City Council Submirsdby: Charles W . Thompson, Ci ty Administrato James W. Palin , Director , Develo rt� Services ProWed by: Paul Cook , Di rector. , Public Wor►: & FINAL 'TRACT MAP 11417, BEING THE FINAL PORTION OF Sub�ett: TEN TAT I VE TRACT NO. 1141 7 , AND BONDS AND AGREEMENTS FOR TRACT 11417 LOCATED ON THE SOUTPEAST CORNER OF MAIN ,STREET AND CLAY AVENUE. tem Su int of Issue, Recommendation, Analysis,. Funding Source, Alternative Actions, Attachments: Consistent 011th Council Policy I'`< 1'es ( j ,ti'rw Poli%--y or Exception STATEMENT OF ISSUE : ti(.Sk CjTY C� XiW The final reap of ?Tact No . 11417 being the final portion of Tentative Tract No . 11417 has been submitted to the Citv Council for approval . Also Section 66499 of the Subdivision Map Act requires the local agency to approve bonds ar,c agreements for new subdivisions . Tentative Tract No . 11417 will expire on August 2 , 19E7 . RECOMMENDATION : '. . Approve the maF pursuant to the requ - ed Findings set i�ort`, in Section 66458 of the G-,verr.r:ent Code . 2 . Approve the map subject to the finding that the man is in substantial cor.pliar,ce with t',e previousiy approved +_enl-ative reap pursuant to the mandator, findings established by the Planning Commission as set forth by Section 66474 of the Government Code . 3 . Accept the offer of dedication and improvements su'Dject 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 recordati .in until the following conditions have been complied with : a . A deposit of fees for wat?r , sewer , drainage, engineering and inspection: shall. be provided; b. A Certificate of Insurance shall be submitted; C . Subdivision Agreement ; Oka rl��Je1 d . Drainage for the subdivision shall be approved by the Department of Pub'.ic World; prior to recordation of the final Map. e . The Declaration of Covenants, Conditions, and Restrictions shall he reviewed and approved by the Department of. Development Services and "approved as to form" by the City Attorney prior to recordation of the final map. S . It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement , a . Monument Bond No,. 7130505 b . Park and RecrF-ation Feev Faithful Performance Hone No . 7130515 rnd instruct the City Clerk tt? 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 tht� spcone to the subdivider . All of the bonds have been approves' 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 Main Street Huntington Reach , CA 92648 ENGINE::P : Walden and Associates 4002 W. Garr; AvenuF , Suite R Santa Ana , CA LOCATION : South side of Clay Avenue between Huntington and Main Streets ACPEAGF : 1 . 573 LOTS : one 1( t NO . OF UNITS : 29 ZONE : R2-0 GENERAL PLAN : Medium Density Residential DISCUSSION : 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 , amended# and approved by the Planning Comnisslun . RCA - 1/20/87 -2- ( 7065d ) ENVIRONMENTAL STATUS : Environmental Impact Report no. 78-4 was approved by the Planning Comission on March 21 1983 . FUNDING SOURCE : Not applicable . ATTACHMENTS : 1 . Atea Map 2 . Subdivision Agreement 3 . Certificate of Insurance 4 . Monument Bond 5 . Park and Recreation flees Bond JWP :RLF : kla I I I RCA -- 1/20/87 -3- ( 7065d ) dq ml _ I 3 0 o RQ'Q R2 w.� �.,,.. .......... / R2 C L� `1 �� � RZ �R?4 iYll R'2 »r , " a R7 air Toii R2 t'• I :' p3 111_ A3 cr• . ., ! �. •Ar %? R2•o Pp : b~`` .1 : 6 R� R2 1 R2 . L ` P2 Ro 71 !A � 'f—_ ;,-sc.wr--- ' � ..r �.�.� .wR tIf '•1 H� U RI Y kl ) w r � to I C2-0-CD C,2-0 Irk' 66 xr t 3 • '' .ern• :'{�r'K'n+ Z p •/i' .r , .� , .t u R2 R2 R2 � .T C2-0-CQ R5-OCD Rz o Po- � '% R2 U �' (' ' 3 4' C ^" CF-E-CD ' ;;/ " '�-`D— �� R2-0 R2 ' R2 CF-E a -COo (_co oIL, J _ _ A• C 1 : N IF T 11417 4"iff MUNTWGTON MACH PI.ANNWG DIVISION DIOTI(-"E OF' COMPLIA14CE WITH CONDITIONS ON TRACT/PARCEL MAP AUTIORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: PLANNING DIVISION James W. Palin II TRACT N0. --L- ji PARCEL 11 AP NO. RECREATION S PARK FEES PAID r Q� OTHER: ig rfatut e) i P1f1 , 1 Cf of !1'! E 1 ! i�'� ►� I 1 }! i't"'t:i I 1 i ! t; 1 I�AI' i Al! ;�'! I i. A' ! } / `•'i'. ►art► (:r hTRACI (; f f t't' t Jr 31rage , t?n no ?r- I '1'j :1n ( rl `.•( "l. � I (i of rlt 'rrtl l ,,r ". nllr..,•r, , . . . . . . . . . . . i r� tt,t•t SUBDIVISION ACRE;EMENT jolt 4ewn-" THIS AGREEME14T is en"_ered into this day of der l.iWIr, by ana between CITY OF HUNTINGTON BEACH, a municipal corpora- tion of the State or California , Hereinafter referred co as "CITY, " and MANSION HILL, a General Partnership, hereinafter referred to as "SUBDIVIDER . " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking «.o subdivide into lots and �o dedicate certain streets , alleys , and other improvements tnerei.n to public use, and is about to file with CITY a map of tr,e tract of land known as Tract No . 11417, and As a conditon of the approval of said suodiv.ision map and the acceptance of the dedication of the sl.reets , alleys , and other improvements in said subdivision , SUBUZVII)EIt is required to enter ] nto an ayreement with CITY to do and perform the work hereinafter specified and to execute and deliver to CITY bonds for the faithful pertormance of said ayreement , for the payment of all labor and material in connection therewith , ana for '-he guarantee and warranty of the work for a period of one ( 1 ) year tollowiny completion and acceptance thereof against any detect in .pork or labor done, or defective materials turnished, as requirec vy Sections 66499 and 66499 . 3 of the Government Corse of the State of Calitcrnia , and Article 997 of CITY ' s ordinance code: 1 . i NOW, THEhEFURE:, in consideration of the protnises and agreements ut the parties as herein sel- l:ur*.h , the parl- jes arree as follows : 1 . GENERAL STREi:T CONSTRUCTION: SUBDIV1Ui::: does hereby aycee to dv anu perfur:i, the follow- ing work in said tract : The constt action of streets, i nclvdi ny excavation , paving, curoa , gutters , sidewalk: , trees , landr.cap.iny , etc . , sewers , including construction ot main lines ana lot laterals and structures ; street lights , stceel', siyn� . construction of domestic water system i ncli_di ng the cons''rucl- i ore of water mains , lot laterals and installation ct metiers ; er,•giveeriny costs ; and any miscellaneous requirements as may be sel, toith at: Chapter 99 of r_ITY ' S ordinance code , and all ut wh i cti said we.k shall ne done ana performed in accor. .ianc:e with plans s eci t i cat r uris and rut i les lii cta have been F p p approvea cy the W.-y Engineer ana r. i i eu in `-he of t i ce ut `.-ire City Engineer ana all cat which work shall ue done at `-he sole cos~. ana I expense of SUBDIVIDER ana as u c:ondi ` jon for "tie approval or. said map aria the acceptance of one dedi cal i can of sa il a s~reel s , alleys and other improvements , ana saira work shall oe c:omplel- ea an or before two ( 2 ) years trorn '-tee date nereur , ana all labor and material Dills shall ve paia . l I 2 . ARTEP.IAL HIGHWAY IMPROVEMENT: � SUBDIVIDER agrees 1-o complete c,11 arterial highway impr.cve- ments , including perimeter walls area ianascapiny , prior to release or connection of utilities for :occupancy for any lot in the Tract , 2 GUARANTEE: SUBDIVIDER shall guarantee all work and material required to tulf i l l his obligation as sta': ed herein for a _)erioa of one ( 1 ) year following the date at City Council acceptance of same . 4 . FAITHFUL PERFURMANCE : SUBDIVIDER shall faithfully perform all of the work agreed herein to de done by SUBDIVIDER ana shall fully indemnify and save harmless CITY from all cost and damage which it may sutter by reason of failure so to do ana shall fully reimburse ana repay CITY all outlay ana exf•-nse whi ctr CITY may incur i r: making good any such detault . 5 . INSURANCE : SUBDIVIDER agrees to furnish to CITY and r,-aintain in force until the completion of the work nerei n agreea to be none by SUB- DIVIDER at SUBDIVIDER ' S sole expense , a protective liability policy in wiiicri CITY is ri -rr:ea as an additional insured . The policy shall insuLe CITY , its officers anti employees against Loss , damage or expense by reason of any suits , claims , oeinands , judgments and causes of action caused uy SUBDIVIDER, nis employees , agents , sub- contractor.; , ur by any '-nira party arising cut ut or in consequence of SUBDIVI DE:R ' S per for;nance of the agreement , except where such ioss , aa.maye or exuerise i !; caused solely by the wrongful acts of I CITY , its agents , officers or employees in connection i�' th the general supervision or airection of the work to tie performed under II this agreement . The policy shall provide for not less than the tollowiny amounts : 3 . 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 t,e 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 Map, evidence t h h of insurance shall be furnished in a form satisfactory _o the City ity Attorney . In addition, SUBDIVIDER shall furni--h evidence of a commitment by the insurance company to notify CITY of the expiration I or cancellation of any of the insurance policies reuuireo hereunder not less than thirty ( 30 ) days oefore each expiration or cancella- tion is effective . b . WORKERS ' COMPENSATION : SUBDIVIDER small comply with all or the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California , and shall indemnify, dotand and hold harmless CITY from and against all claims, demands, payments , suits , actions , proceedings and judgments of every nature and description, including attornQy ' s fees and costs , picesente d, brought or recovered against CITY, for o_' on account of any liability under any of said acts 4 . which may be incurred by reason of any work 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 liab;.lities 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 .. .d after the acceptance by City Council of the highways offered for dedication in said work or improvement by said Council , give gooa and adequate warning to the traveling pubic of each and every dangerous condition existent - in said highways 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 Egreed 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 SUBDIVIDL,'imay close all or a portion of any street whenever it is necessary to protect the 5 . traveling public during the making of the improvements herein agreed to be made . SUEDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer 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 be done by SUBDIVIDER or by SUBDIVIDER ' S officers, agents aiid employees under or in connecticn witn any work performed pursuant to this agreement . SUBDIVIDER shall fully indemnify and save any°, hold harmless CITY , its officers , agents and employees firm any and all iiabiiity, losses and costs imposed for injury occurring by reason of anything done or omitted to be done by SUBDIVIDER, and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of this ayreem.en~ against CITY , its officers , agents or employees . 10 . ATTORNEYS ' FEES: In the event suit is brought by CITY to enforce the terirs and provisions of this agreement, or in any bond given to secure the i performance 'aereof , a reasonable attorney 's fee , to be fixed by the court , shall de paid by SUBDIVIDER . ( REST OF PAGE NOT USED) 6 . i 1 STATE 4F CALtFOMIA i C vjh'w Y' Of ORANGE on thia jSt day of fit V%vA,N 190_, before me, a Notary public in and f.-r said County and St ~e, personally appeared known to m to be the Mayor and L 1nown to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to roe to be the persons who executed the within instrument on behalf of said municipal corporation and acY.nowledged to se that such municipal corporation executed the same. I OFFi(-IAL SEAL . tIOTAPY PUBLIC • ,r�:nRr;lA r rrtl•f \.�iD(1-T t iv VSrGY'�.r:•a'"..�'lv.aY IN WITNESS WHEREOF,, the parties hereto have executed this agreement the clay and year first above written : SUBDIVIDER: MANSION IIILL , CITY OF HUNTINGTON BEACH: A general Partnership By ` MANSION PROFERTIES, INC. if W. o nson , President M- r J C ark , Sec:y , Treas . "— ATTEST: APPROVED AS TO FORM: 4 City C erk /�/i.1/*1 �,� /0.�..1k:j ty Attorney REVIEWED AUD APPROVED: TUITIATED AND APPROVE000, i ty Ad.�; nistrat Director o Public Works SUBDIVIDER: MANSION HILL , A Gene-ral Partnership By : UWC-HUNTI NGTON BEACH , LTD . , Managing Partner By : THE BUR"1111I FAMILY TRUST OF 19820 Managing General Partner Norman Burnam, Trustee STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this 23rd day of :lanuary, 1987, before me, the tindersigned, a Notary Public in and for said State, personally appeared 1. W. 3ohnson, known to nic to be they President, and M.Clark, known to me to ''o- the Secretar;-Treasurer of MANSION PROPERTIES, INC., the corporation that executed the within instrument and personally known to me or proved to nic on the basis of satisfac:tory evidence to be the persons whose names are subscribed to the within instrument on behalf of said corporation, said corporation be;ng known to me to be a general partner of MANSION HTLL, the California general partnership that executed the within instrument and acknowledged to me that said corporation executed the sarne pursuant to its bylaws or a resolution of its Board of nirectors as a Gain^ral Partner of MANSION HILL, a California general partnership, and acknowledged that such general partnership executed the sarne. WITNESS my hand and official st_al. ' r • � OFFiCilll. SEAL Signatures Nw� r Pu�•e-:a� c• �e [RANGE CU'Vi If Vt Gcr m E10 Jan 28. 11M 41a.n 51 V., n LA 1 .le � - - -ThCrCs."! Killeen Name (tvped or printed) (This area reserved for official seal) My commission cxpires: 1/26/90 ACOAD• CERTIFICATE OF IN E 4ACORD MS iirllrii iraii.MwYw r +arr Bar.. swi rMl�slwl llw M.lU�lr�wa�wMirwll wll�l� � r ThIw CCMT1FICATE xs IeaUtO AD A MATTCM Of' INFOM"A' Ion of4LY AND CO"FLAa No Axor+TN UPON THE CEATIFICATC fyMDCR, T!419 CEATlfrXCATE 100CJS hIGT A44CN0„ CKTEND OA ALTER THE C:t?V'C"tA!!E AtrVQADED I+Y THE POL I C145 Odl.Llw. "0#"C AND ADVAcbe tom' Aa�;f+crr , caMPfrhrxE 1 AfrR'df4DlfaQ c©V'ERA�E, �tft�t�F!i�r..:.f ��t+t ^!l.t'. �•ft C - CofVPANY AS = 1F' yl� f{� •11►�1�ttl_G L:L.r'1f-►1NY :-'. 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Lrfwl re of ,~Iab1,,rTY comp TYpc PC4-IL:Y Mumzc f+ I m TmOUeAf406 ; r LETTER OF 914BUIRA44Cf Cri'ECTIVr/EXPIRATION DATE ac"CRAL -IAi%Ii-x TY t:•- t',t*.t•r_ ` •„- iC Grff4CRC.CAU 61ASILI i"Y CLAxM6 MAO-t, K OCCURRCNce OWN'CAS A CONTA44CT00415 +r-'40TEC'r I VC- PCf4dahfFk. A rtifJ�E,�rr�rt•fa !t•f.rL�f*r' � : . t•ctitit. FIRE X+AMA^AE (Af f& 1 FIRE) t * I MCOICAL E.e(-bC"l5d 1A-4V 1 A'CROON) l . AU 7*QM0*I L.L L.r A P I L I r ti' ►�t• i ANY AUTO TO 4CACH OCAGOW i AL" OWNCV AUTCta (PAI V. PfgadEf+faER ► F+I � {TEACH frwCX0CMT ALL Ok"CD AUTOG SNON PA X V- Pasec"41CA) PROOCATY itiArA1.3E t K f X AfD AUTOS AAA '"'A k x A*X L I TY i t^0 JUN 1 07 i1�5, 4 MUM op ACOND COAT I F I CArE of "CC Pic t A�IIM.A.iO.MD�M.rYr.NYC!Y.���.���Y�a�/w/ wr.��r.w�arwi.lrsamwrl�yMilr�rnvrw tr r.dawrr wi.�.+v�I�.l�r.w ai Al���+7 wr�I..r��ra/war'rw L.I M.I T* Of L x A6I 1.I T Y CCU Type 0011..ICY MLM OC'A IN 4000) LttrrrA OF INDuMANCE CrrCCTjVErEXFIAAT.fGrf DATE MCA. OCCuA. JASOALJATC cxctaA L.IA61LITY t.Mc 2t*0t 6A rOMN TO OTMEA THAN NX A Gt� CC'r�I ,tNEl�t uwbREL.LA FOAM f WOP-1-cEAe C0o4PEN8ATICH-t A"D -PBTATUTOMY« TO EAcr Fk:C.CD+CMT� OISCAOC POt-ICY LIMITI D I 11EABC EACH EMpPt-OYM OTHER f 7O � I � OCISCAIOTIC)m Cod'' C'PEt4AT1Or,E.r-i.t7CAVIONS/VEHICL.EB/E-PCC•IA,_ ITe:mdx is t!ir. ti6E, . :�.: G- &4C%j.V ANY OF THE AL40YE DEl9CAIfkCD POLICIES Ot CAMCELLCD MCOVOAE TML CXP I PAT V OM DATE rr+ERECW. Tme x bouI Mfl COmPAMY WILL XXoM1W(XXXXX MAlt. 30 DAYIS WAITYEh4 NOTICC TO THE ICi-OW mAf-WD CEATXFICATE VAaXgjWA"A'AY"XXj tRt4„A =xMMKLX)24%*A=X"IlX)=kg X�txxRrtXx)xXMWMXX%)9(fxxftW Kx*=x*rnJKXTM)Ua xxxx Kxx Rt1 ltxxIGltKxx1f R z�C llx lAA4• •w••••� C.EMYIFIC.ATE HO DIEA �r.Yw. w�awMa�.�rnarww.i.��www�.r+ M.�w �+rrY.a.���wr�.raw.��wr.W�s CITY OF L-:* =:C" DATE liSS COS z:000 (-A 1,M "F' fcz JTe onlre6 AEnmCsENrATj; w JUN ins, � rrttirs �T V► M�JR 1 IR1i 1 V1� il�rlbni �rlYLf �.�.n i Itintmo,.n he-se h, CA 92548 A MUNICIPAL. 1.40APORATION 4' _-- i Theo it to certify tlwt the poiiciw rf insu IM8 M drrardbW IJrlmr iwv4 kr" isnlrW to the inswed 4 "W w1w6ftliM+ad mw W1 to three it this terra. It thm ImlMoo wo aswloslled m rho in suds a Inenntir that will o"m tl* venifl ass, the imureaen aomPm ► Or*11 to tit*,30 dui prkw written twirw, by ,ail, to City of HuntIrWon Beech, P.O. SON 111, HuAtitgm boo*,Califw"im-92m. ALL ITEMS MU#T BE COMPLETEn, ANY DEUTION OR CHANGE IN THIS rORM SHALL Of SIGNED AND DATED BY AN AUTHORIZED REPREUNTATIVE OF THE INSURANCE COWANY AND MUST BE APPROWD IN WRITINO BY THE CITY ATTORI"[Y. eANSION HILL , a General Partnership Mae»of I ntwrod �-�-•r""" ^ddffluof Iowed 5520 roa2tw -sue to 100 Santa Monica , CA 904C1 Lamtl+ol of Work or Otaevll m to be psltflrrnlrad 7600 Clay Avenue, Huntington w Beach , CA ,. 9264$ 1 !417 DomWim of Work or Opwo0eft .�.��.�... LIMITS OF LIABILITY !NAME OF COMPPWY 1110LICIES IN FOWS POLICY No. Imm"he I1v*wisn I to Tt1r1r■mb 1D001 IIfM.! QENEIIAL LIABILITY iX) comoRENEFISIVEFORM CP 806213 9.30.36 9.30•87 500,000 ,.0 SAFECO INS . CO. IXI pmEMISES - OPERAYIOW Loft hemoslar IXI EXPLOIFION AMC LVLLAPSE MAYARD IXI tADERQA0uN0 HAZARD IXI PRODUCTS COMPLVID OPERATIONS HAZARD IxI CMTRACTUAL lfftIIANCE IXI RROAD FORM PF40PENTY DAMAGE IX I jc1JDEPIW3EI4T CONTRACTORS IX I /wRW.WAI. INJURY AU'TO1rNMLE LIABILITY 91 COMPIIEHENSIVEPORMO BA806213 -30-C6 5- 30-87 1 .000,000 SAFECO INS. CO. IC 1 OWWED SA"cwmn dw CIL K I MIR ED elW14.0"10 .r,...n.�.r�.�.rr.r w EXCIN LIA WILITY 11 U"RELLA PORhi 0 7, 15w0_0O,-0Qg TREAT AMER I CAN iXl OTHER THAN 5CU97 25 i 10- 1 -86 10- 1 -87 SURPLUS LINES INS. U:46RELLA FORM CO. wlc RNEW aOM11ErOAridN �. Irly wC8o62.13 10- 1-86 10- 1 -87 500/500/500 SAFECO INS. CO. FWftOY1FW LIABILITY At+ditionel Insured tndort�nwlrt: The insurer Wm that the City of Huntl,Von Beech end its City Covncil, and/or all City Council oppointerl proups, committees. co mnitoiors, boards and any other City Council appointed body. and/or elocthve and appointive officers,servants or employe of the City of Hunthnglon Meech, wlan acting is mch are additional insureds herounder, rtsr the atrn of the Inured,end such irreurom shall be primary to any Ineuram of the City of Humtirtgton Beech, ei their Interot may appear. ..�. U-- I 2-m .-- ` AV!HON17E0 REPREtC WAT111E ANY strAilJRAaeCE COWARY SAFECO INS, CO. Ny LYLE L . SAND I NWOW � ' � 17570 BROOKHURST STREET �) D014NEY Ca : 90241 Ckv i�fOUNTAIN VALLEY. CA 92708 HOLD H,ARIIALEN A01 UNINT (to be my wW by inemW) T%1 isterrd • P L1�T N F P S Fl I P q m to pm1W. MOW. WdwwMidy. w o. aW hid Ref 1t'.IEM iAE Chy of Ilal*%@hm %W#In 0"0". """. 411111 01l1111110"m 06*0 MY "WOW, Im. de mp. 0wt. tit *mew by Pik A of my wW all IIaWly, ode", dd m. AMOM6. eta ass/ mum at mhm wow by IIIa1 ww, bw W ym,*Mo or Vvy QIL�ntrMiir elr Lby MY third Parity wieipm awe of to iw ftmvwmIio of on psalm m of eM or east ert hm v W110ty :Ira tnfMelt 1111111 410101 lr of ;"wow Is%eld". •(1) laic pod"itrtlrrl0 Icarw (m catpors"m 14) cm 1r(dealt) POW leA WLMili M: ft kw&,W, MANSION HILL, A�GENERAL %W. NERSH I P iM'"'""1 MWbeWagWg'� -HUN UWCTINGTON pE�l�LI'MI E0, KY-THE PURNAM FAMILY YRUfy. Oi• j82,MANAGING GENERAL PARTNER, BY NORMAN BURNAM, TRUSTEE sf IOMBvrrsl�el,,"m wows a"Op.women ammkm wrmboom in bw oaeyrlrelfee. rY%Ccfy- . 4u-le�� aliv or go K yN-Mp-DEPARTMENT C�#CAT!.ON Komoroble Iles bannister, Mayor Fmm Gail Hutton To and N mbers of the City Council City Attorney Subject NInn.,f") V. cur Do" July 24 , 1969 Puru"t to the authority of the Council , we have lately settled the N4nsion Kill case. Attached hereto is a copy of the es cuted settlement agr4wout which was approved by tWo Council in closed session on May 1.3, 1989; it bats now been ex2cutud by all parties and their counsel . The agreement settles the case by granting Mansion Kill a credit in the sun of $219,,000 toward future park fees . The settlement was achieved after a number of mandatory aettlment conferences and substantial negotiation between the parties. Because of the large amount of money involved in this case and the uncertainties in the facts, we bet' ieve this is a highly favorable settluwnt to the city. in the event a court determined that the park tees were overpaid, the city world be obliged to repay them in cash in the approximate amoun`. of $501, 000, plus interest thereon at the rate of ten percent per year from the various dates of payment , in 1984 , 1985 and 1986 . This settlement was earlier approved by the Council en June 27, 1986, but at that time the plaintiff was unwillinq to agree with it. We are not exactly cure why the plaintiff da::ided to accept the acnttlement at chic juncture, although we find it generally 1w. easier to settle cases or% the eve of trial . The figure of , $219, 000 basically splits the difference betwdmn V-Awc parties in they contested amount or park foes, and also interest" costs, and attorney fees . we are transmitting herewith a copy of the agree- nt to the departs+ents of Comunity Gevelopstnt, Administrative Services, snd Treasurer, so that they can implement its provisions as appropriate. Gail Hutton City Attorney GH: sq Attachment c::.:: Copmunity Development. Administrative Services, Troasurer, City Cletk, and City Adednistrator ::. A2744/5C8128 9J17 j09 I ' S►B'i'T&MM "T E-ZOU31T This settle rant agreemnt (the 4A9ceawnt" ) is radar at Buntangton beach, Californiar as of may 17r 1969r by and between MAMSIOM HILL, on the one hand, and the CITY OF MONTI UA= ("City'") , on the other hand, with reference to the following facts. A. Mansion gill filed an application for a subd&vision slap for tentative tract 11417 with the City to subdivide land owned by Huntington Ueach Ca"ny in Sunti»gknn beach, Cali- fornia. The City accepted the application on January 21, 1962. a. On January 21 , 1982 , the City had an ordinances. which had been in effect for more than 30 days, which required that a dov*lcper Wishing to have a subdivision map approved dedicate land for park purposes, or pay in lieu f**,s of specified amounts. C. In August, 1962 , the City changed the standards for , calculating In Lieu par:; fees, essentially doubling the amount of the fees. D. In April, 1983, the City Pinning Co isnion approved tentative tract asap 11417 , as revised. E. On June 24, 19850 Mansion Hill commenced an action entitled Kansion Hill v. The CItX of Huntington Beach, O.C.S.C. Case No. 461950 ( the T..awsu t, ) , which contended that the in lieu park fees are to be calculated bases} on the standards in *ffect In January, 198, , F. On September 8, 1986 , the City fired its answer which denied the allegations contained in the compla3at in the Lawsuit. G. without admitting the validity of any of the contentions which have, or might have, been made in the Lawuuft, the parties to this Agreement desire to settla the matter pron- ently in dispute -between thew. H. Civil Cadre j 1542 provides: "A general release does nc.t extend to claims which the creditor duns not know or suspect to exist in his favor at the time of executing the release, which if knows by hiss must have materially 0fe*-c»ted his settlement with the debtor " I. This Agreemnt contains the, entire agr*emnt and understanding concerning the subject matter &moug the parties to this Agra wnt and supersedes an replaces all prior n*"tiati,oas and propoeetd agreements, written and oral. each of the parties hereto ackaowled[ges that no other, party, not the agents not attorneys of any other arty, has made any promise, reprerents- *Zion, or warranty whatso*ver, express or implied, not contained herein to induce the execution of this Agreement, and acknowl- edges theft this Agreement has not been executed in reliance upon and promise, representation, or warranty not contained herein. Th s AVr Pt may riot be amended except in writing and signed by all parties hereto. t J. All of the parties to this Agrecaent. hereb • 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 PACTS, IT IS T AGRZW THAT: 1. The City hereby grants to Mansion Hill , or its designee, a credit in the sum of $219*000 ( "Credit" ) . The Credit shall be applied, as directed by Mansion Hill, or its -'esignve, against in lieu park fees 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 of the Credit not used within 10 years of the date of this Agreement shall be forfeited by Mansion Hill . No interest shall accrue on trig Credit . 3. Upon :except of this Agreement signed by both parties, Mansion Hill shall dismiss its complaint in the ,L&L'suit with prejudice and shall provide counsel for the City with a conform*d copy of the request for disnissal as fi.lard. 4. Each party to this Agreement shall bear its own attorneys ` fees and costs incurred in the Lawsuit . S. Except as provided in this Agrea+w nt, Mansion Hill A.nd the City release each other and their agents and attorneys from any and all clainsc, demands and,/or cauxes of action which may exist against these, whether known, unknown, or suspected which aria* out of, or art reiar:ed to* the Lawsuit or the events giving rise to the Lawsuit, and hetcb waive the provisions of ^ivil Code 1 1542 act Eorth in Aecits 'd abov*, i. This Agr*mwat is entered into *oltly for the benefit of that parties hera}o, their successors, trans�Rtrats and � aasigr�a 7. If it becoits n*c*snary to enforce any of the terns of this Agreement, the prevailing party shall be entitled to rea*06►;51* attorneys' tees and other costs of litigation in addition to any other relief to vhich it way be entitled* i e. This Agreement and all rights ter! obli ttons arising out of it shall be construed in accordance with ,the laws of the State of Califzornia. 9 . Any litigation arising out of this Agreement shall be conducted only In Orange County, California. • 10. This Agreement may be signed in one or sot* coun- terparts and, vhen all parties have signed the ouigiroil or counterpart, such counterparts together shall constitute an* original document . khNSION SILL l ' Dated: ) Hyt VVI st 66401�_ THE CIT Or ' TO" BEhCh Datedt May 22 ,��9 By: Itet DOPLtr City Ads Ln ' g UPROVED AS TO FORM: COX, CASTLE i NICHOLSON Dated: eyi iF'i► Attorneys for XAMICW BILL (Signatures continued on p4ge, 41 3- (SPiceaturam continued from p"a 3 1 G L2 Wf"% t City Attorw Deputy City At4ornty AtturQ*Ys Lac. Ta CITY Of RUNTIIIdWN eAACK