HomeMy WebLinkAboutFinal Tract Map 11673 - A portion of TT 11673 - Mola Develop LJ
STATEMENT OF THE AC:'ON OF THE CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
June 5, 1989
Mayor Bannister called the regular meeting of the City Council
orihe City of Huntington Beach to order at :30 P.M.
Present: Green. Winchell , Bannister, Mays, Silva, Erskine
Absent: 11acAlIister
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CONSENT CALENDAR - (ITEM APPROVED)
On motion by Erskine, second Silva, the following item was approved, as recommended,
by the following roll call vote:
AYES: Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: MacAllister
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RELEASE OF GUARANTEE 6 WARRANTY BOND TRACT 11673 - MOLA DEVELOPMENT CORPORATION - authorized
release of Guarantee and Warranty Bond in Tract 11673 located e/s Beach Blvd, s/o
Adams Avenue and instructed the City Clerk to notify the developer and the City Treasurer
to notify the bonding company of this action.
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Mayor Bannister adjourned the regular meeting of the City Council
of the ity o Huntington Beach at u•5� oM to Tt��,r�a„y June iZ
at 7:0 PM in -Was tminrrar City Nall 14astminstay a
ATTEST: Connie Brockway
City Clerk and ex-o ficio Clerk
of the City Council of the City
Connie Brockway of Huntington beach, California
City Clerk
STATE OF CALIFORNIA j Wes Bannister
County of orange j Mayor
fifty of Huntington Beach)
I , CONNIE BROCKWAY, the duly appointed ana qualified City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and foregoing is a
true I'd correct Statement of Action of the City Council of said City at their
regular meeting held on the 5 t h day of June 19 89
WITNESS my hand and sea) of the said City of Huntington Beach this the 6th.
day 'of June 1989
Connie Brockway
,ty Clerk and ex-officio Clerk
of the City Council o' th.e City
of Huntington Beach, California
BY C',t�rLc.r
G�-7 cZ to P Gt�
REQUEST FOR CITY COUNCIL ACTION
Date _.,.11Qu 61 1 oQ
Submitted to: Honorable Mayor and City Council
,,. .0 APPROVED BY CITY COUNCIL
Submitted'by: Paul E. Conk, City Administrator
Prepared by: Louis F. Sandoval, Director of Public Works
Subject: GUARANTEE AND WARRANTY BONG TRACT 11 �73 I c Ty &ERK
Consistent with Council Polic* ? Yes [ ] New Policy or Exception
Statement of'lssue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Mola Development Corporation has waited the required one year since the acceptance of
Tract 11673 and is requesting release; of the Guarantee and Warranty Bond, as required by
the Subdivision Map Act.
RECOMMENDATION:
1. Release the Guarantee and Warranty Bond.
2. Instruct the City Clerk to notify the developer and the Citv 'Treasurer to notify the
bonding company of this action.
ANALYSIS:
Subdivider: Mola Development Corporation, BOB Adams, Huntington Beach, CA 92648
Engineer: Don Greek 'c Associates, 1 1 1 S. Orange Street, Cranqe, CA 92666
Location: E/s Beach, S/o Adnrns
Lots: 3
Acreage: 9.665
Zone: Seabridge. Specific Plan
ATTACHMENTS:
Sectional District Map
This tract has been constructed in substantial accordance with the plans and
specifications on file in the Deaartment of Public Work—E
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1310 SI/M
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SECTIONAL DISTRICT MAP ^,,,a°
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPURTY MAP
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STATEMENT OF THE ACTION OF THE CI1Y COUNCIL.
Couns.•i1. Chamber, City Hall
Huntington Beach, Californir,
April 18, 1988
Ma or Erskine called the regular meeting of the City Council
u the City of Huntington Peach to order at : 6 P.M.
Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
Absent: None
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CONSENT CALENDAR - ITEM APPROVED
On motion by ,Kelly, second Finley, the following item was approved, as recommended,
by the following roll call vote:
AYES: Kelly. Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: None
ABSENT: None
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NOTICE OF COMPLETION - TRACT 11673 - MOLA DEVELOPMENT CORPORATION - Accepted improvements
dedicated for public use in Tract 11673 located e/s Beach Blvd. , s/o Adams Avenue,
authorized release of the Faithful Perfoimance Bond, the Monument Bond and instructed
the City Clerk to notify the Developer and the City Treasurer to notify the bonding
company of this ;ictiun.
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Mayor lone adJourned the regular meeting of the City Council
ao t the ity of Huntington 6!nn PM Beachat lo:3Q to . Monday, April 5, 1988
n _
Alicia 11. Wentworth
ATTEST: City Clerk and ex-officio C erk
of the City Council of the City
Alicia M. Wentworth of Huntington beach, California
City Clerk
John Erskine
STATE OF CFLIFORJUA
County of Orange Mayor
City of Huntington Beach)
I, ALICIA M. WENTWORTH, the duly elected ano 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 Greeting held on the Igth _ day of aril
WITNESS my hand and seal of the said City of Euntington Beach this the 20th
day of April 19 88
i
Alicia H. Wentworth
My ClerK and ex-o c o erk
of the City Council of the City
of Huntington Beach, California
BY .-`�r.�:
e u ty
12178
• INWUL FOR CITY COUNCP ACTION
Date AeAl 5, 1988
Submitted tn: Honorable Mayor and City Council
Su6initted by: Paul E. Conk., City Aclninistrator
Prepared by: Ins G. Erans, Acting uimct.or Public Wbrks L.G.EyjofS u -
Y C '
_ OUNCIL
Subject: NOTICE OF C'CtiiiPLETI(7I3 TftiCT11673 ,4t'PI�.OYLA A�� GI'r 4'
L 191f
Consistent with Council policy? Yes ( ) New Policy or cxce - ti y': ; �iTY cUA --
Suiv=mrint of Issue, Recommendation, Analysis, Funding' Source, Alternative Actions, Attachments_
STA'PF*'IENr OF ISSUE:
Nola Developmnt Corporation has completed all street inprove;rents for Tract 411673
and is requesting release by the City, as required by Section 66499.71 of the Sub-
division Map Pct.
RDLX IMMATION:
1. Accept the inprovemnts dedicated for public use.
2. Ralease the Faithful Perfornwice Bond.
3. Release the rbmment Bond.
4. Instruct the City Clerk to ratify the Developer and the City Treasurer to notify
the bonding oomparrn, of this acticn.
ANALYSIS:
Subdivider: Abla Develoment Corporation, 8072 Adams Avenue, Huntington Beath 92646
Engineer: Don Greek, 111 South Omige Street, Orange CA 92666
Location: E/s Beach Boulevard, S/o Adams A,,venue
Lots: 3
Acreage: 9.600-5
Zone: Seabridge Specific Plan
Sectional District Map
Boundary Map
Zhis tract has been constructed in substantial accordance with the clans and soeci-
fi,cations on file in the Drpartrmi nt of Public 1-brks.
LGE:BPC:ik
P!a 5185
' � t
SECT10NAL DISTRICT MAP
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT
AUTHORIZATION I-OR RELEASE FOR RECORDING
TO : City Clerk Date t � � •
FROM: PLANNING DEPA'-.TMENT
James W. Pali -,
TRACT NO.
RECREATION & PARKS FEES F.AID Z Ot�1 ( • ��
Other :
ignature
NOTICE OF.' _OMPLET I ON WITH COND I T I'ONS� TRACTS
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE .
FROM : PUBLIC WORKS DEPARTMENT
Bruce Crosby
r
TRACT 1JO ,_��� DEVELOPER -'I
CONDITIONS :
Deposit of fees for water, sewer ,
drainage , engineering and inspection
Bond for Imp;^ovement. , . . . . , . . . . :�2
Signature of Agreemen i , . . . . . . . .
Gor t- i f i cafe of I nr.urt►nce . . . . . . . .
11011 d f 0 r 1•1 l A 1111►TI 0 r) t r; . . . . , . . . .
t1 t nt•r r
Signature --
NOTICE OF COMPLU-SCE WITH CONDITIONS ON TRACT
AUTHORIZATION I.OR RELEASE FOIL RECORDING
TO: City Clerk Date �
FROM: PLANNING DEPA,,TMENT
James W. Palir
TRACT NO. -7
RECREATION & PAM FEES F A ID �r�n/C�,� IllO .
Other: ✓S f{ t' ;0L1 trt
a 1,e- pti !t c
-rfo,j •� , r,
ig no-tUre
g tv
AsP a c i_�
T t
city ,of Beach
P.Q. Box IM CALIPORNIA ONO
From tin do*d: Abdo Wentwwth,City Ckrk
///.�
A,►r�
F _ A- NT INSMRANCLAIOMPANY
jib
• :,;.;y,[r'�i.'k,R.f +e' ;a r:1" ,at - •'��•.q,;- �; v:r`. -
SUBdIVISION IMPROVEMENT BOND Bond No. SB 001_2Z7
FAITHFUL PERFORMANCE (CALIFORNIA) �?%�, , li Initial Premium S31690.00
IVVOIt'A!.l.,�ll:NB}'TI/ESE!'Rf:S'1:l1'LS,That Mfll.a_0ts�lel.nprt>�n�.Cnrpora�.a�.. _._.
8072_ Adam,Av_ P'nub+ Ht ntingtnnBearh CA 97h76 as Principal and the
1--AIIZ,,\ION•1' INSURANCE C'0,XII':1;NY. a Corporation organized and existing under the laws of
ttte State of California and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound untu f i tv0HLintitigtnn;.fleach_________.___ __ , as Oblig•:e,
in the sum of Twn hand _ i va th4tts�nd_&_no��00-_==-.-.—. Uolla.,s(SzO_9,000A0. --).
for the payment whereof,well and truly to be made,said Principal and Surety bind themselves,their heirs,administrators,
successors and assiprts,jointly and severally, film]), by these presents.
TfIECONDITIDNOFTIIIS OBL.IGATIONISSUM. That IMP'RE'AS, the Principal on .�ADri] 27 .
19 84entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
Tract 11673 (Seabridge Project) To Pay Par!: and Recreation fees
pursuant: to Section 9961 .2. 1 of the Huntington Beach Ordinance Code
as more fully set iurth in said Agreement.
1
A'OIV, TI/EREFORE, if she Principal .hall well and truly perform and fulfill all of the covenants,terms and conditions of
the said Agreement, then this obligation shall be null and %oid; otherwise tea remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required fur are% rotension of rirtte to complete said intpruvements; 2)
That no right of action slra!i accrue hereunder to or Cur the benefit of an} person, firm or corporation other than the
Obligee named I ein.
Signed,sealed nd dated April 27 , I�) 84 .
f
Mola De e1 �nCorporation t III' Ir I' ti'S ' 'Cl: Cc .;1
�f �`.\;�1'
By
Art h J. C1 nt Jr. All • n-Fact
P.O. Box 779
Uurb. L—C
jAddress
APPROVED AS TO FOR11:
CAIL HUTT011
City G:tat•tlt3y
By:
Depot y City ;�t ornar
i
Cit'' of Hu thigtoh Beach
-4- A-
P.0 . Box I1W CALIFORN 114 923"
'j1:1,40- OF 'I'IIG CITY CLERK
May 3, 1984
ORANGE COAST TITLE
50° N , Tusr�N 9��105
ANTA ANA, A
1
Attention: Subdivision Officer
RE: Tract Map No. 11673
Gentlemen:
This is to inform you that all faeu have been
paid and conditions met on the above named tract.
You are free to record same at your convenience.
Sincerely yours,
Alicia M. Wentworth
City Clerk
AH51:10
Received by
01
Date
tl
a
F MON'I' INSO RAN C COMI&Y
Burbank, Califort;ila
POWER OF X17ORN13Y
KNOW ALL MEN BY T' lMiR PRBSEN,rS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
ARTNUR J. CLEMENT, JR Of BURBANK, CA
California as its true lawfu► Attorneys)-in-Fact, with full power and authority, for and on behalf of the Com-
pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorneys)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now in full force and Effect:
ARTICLE IV, Sectio,e 13. ATTORNE1 S-IN•FACf AND AGENTS. The chairman of the board, the president, the vice
president,the iFiT inanciaT u ta:r,ar the secretary of the corporatton may appoint a►torneys-in•factor agents with power
and authority, as defined or limi'.ed in their respective powers of attorney},far and tin behalf of the corporation to execute
and deliver, and affix the seal of the Curparatiun thereto, bonds, undertal.ing;s, recognizances, consents of surety or
other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent
and revuke the power and authority given to hem or pier. j
ARTICLE 1V, 5ectiun la. AUTHORITY TO HIND Any bond, undertaking, recognizance, consent of surety or written
obligation in epic natutr ther��if`shall ti�''valid acid bitidinl; a{gun the corporation when signed by, the chairman of the
buard, the president, the vice pro-sident, thy••,i ',f financial officer, or the secretary of the corporation and duly attested
and sealed, if a seal is re�{uirrd,by the secret..,r or assistant secretary,or shall be v;Jid and binding;upon the corporation
when duly executed and sealed, if a seal is required, by a duly authorized attorney•in•fact or agent, pursuant to and
within the limits of the authority granted by his of her po%ver tit attorney
'I'his power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983:
RESOLVED that the signature of any officer authorised b!• the [Iyla►vs, and the seal of the corpuratian, may be affixed
by facsimiie to any power of attorney or speci.il p.w er u( attorney or certification iif either given for the execution of
any band, undertahtn�y, recognizance consent of surety or other vt ritten obligation in the nature thereof; such signature
and wal, when sir used,Lwing hereby adopted by the aur)rahun as the uri�•iflat signature of such officer and the original
seal of the corporation, to be valid and binding upon the:urporatiun +vuh cite same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper ifficer and its corporate seal to be hereunto affixed this 4th day of October, 1983.
`„e�lrrf,111M IIII•�I
. l�ryC IAIRMONT INSURANCE COMPANY
By
ad? APR. 10
w �
�,• 1970
.,. '+ ` ..
..
•rr '....��. �� 511;r1alUle
JVL
V4 L I F. �`°` T;.;na 1'. Handley, Secret,
Air/flliltlleltetie
Proves M U A (Over)
St7A-9
,� .s ` City of Hu' n' tinlgton Be""acn i.
` P.O. BOX 190 CALIFORNIA 92640
: of. -ICE of. 'CIi1: CITY Y CLERK
April 18, 1984
Mola. Development Corp
- 808 Adams
Huntington Beach, CA 92648
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held AIuoust 22, 19A4 ,
approved the Subdivision Agieem`nt for Tract No. 11673
We are enclosing herewith a duly executed copy for your
files.
sincerely, �
j 4,4
Alicia M. Wentworth
City Clerk
I
AMW:pr
Enclosure
STATE OF. CALIFORNIA )
COUNTY OF ORANGE
' On this '����
r od day of lgiP 3 before me
a Notary Public in and for said County And State, personally appeared
�N /'f 1w JL,3 4e^ , known to me to be the Mayor
and _ �, c�� .l-1• /ulp known to n,a to be the City Clerk
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
-'C�rporation executed the same.
Y �: iL f LC�,, •�/ l
STATE OF CALIFORNIA SS
COUNTY OF
On this ,^ day of �� '� r: � . 19 rt�,bctore mQ,the undersigned,
a Notary Public in and for sad Count;��+r�,i StR�e,ps3rsonally ap tared
23
t nE_1 !dl
personally known to me(or proved to me on the basis of satisfactory ev_idenc )to be the —
President,and 7 t'_r-(,01,(.r_
personally known to me(or proved to me on the basis of satisfactory evidence)to be the
Secretary of the corporation tnat executed the within instrument,
arx' known to me to be the persons who executed the within
instrument on behalf of the corporation therein nan..d, and '•-"`'�
-N!, 11i I'it:t,li. S1.%L C
acknowledged to mo that such corporatioo executed the sama, `"I: ?�CAi?0 1 K;<'�' n•v5 7-�,N
'; y
pursuant to its by laws,or a resolution of its Board of Directors. .!
WITNESS my hand and off,aal seal. -.:. '� r�rc r,, ,.,�.• ,« }�
�rq t� tJbtar nature `'` ("Ks area lot 011r;181 Sea!)
IN WITNESS WHEREOF, the Parties hereto have caused this
agreement to be executed by and through their authorized officers
the day , month and year First above written .
SUBDIVI CITY OF HUNTINGTON BEACH
! I a ;runidipal corporaticn
Frankf b la, President Mayor
i xr, A ••
rPetbr Von Elten , Secretary
ATTEST: APIakJV3D A5 TO FORM:
City Clerk City Attorney -f
ICI
I
REVIEWEI>AND APPROVED: TN-V"IATF'D- AND P ROVED:
City A nistra r Director. , Public Works
Tf :kdl - 8 --
6/14/83
;.SUBDIVISION IMPROVEMENT SECURITY
AGREEMENT
THIS AGREEMENT is entered into this $fh day of ne
19831 by and between CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred to
as "CITY, " and MOLA DEVELOPMENT CORPORATION, a California
corporation , hereinafter referred to as "SUBDIVIDER. "
WITNESSETH:
WHEREAS , SUBDIVIDER is subdividing that certain parcel of
land shown within the subdivision boundafies of Tentative Tract
Map 11673 ( herein as "map") and,
CITY 'has imposed certain on-site and oft-site development
improvement requirements (herein as "improvements" ) upon SUBDI-
VIDER, which conditions must be fulfilled prior to recordation of
a final map, and,
Exigent circumstances have made it impossible for SUBDIVIDER
to construct such improvements prior to the filing of said final
map, and
SUBDIVIDER desires to post security with CITY to insure. that
all improvements will be completed after such recordation, and
CITY . is willing to accept such security in lieu of present
compliance with the conditions of the maps.
_ 1 _
i
NOW, THEREFORE, the parties covenant and agree as follows :
1. WORK STATEMENT - SUBDIVIDER TO CONSTRUCT IMPROVEMENTS �
SUBDIVIDER agrees that it will , within two ( 2 ) years
from the date above first written., complete to CITY 'S satis-
faction unfulfilled conditions of the map and that all works of
construction and improvement shall be finally offered to and
accepted by CITY,
2. PLANS , SPECIFICATIONS , REQUIREMENTS OF CITY
A11. improvements rovements will be constructed in accordance with
the CITY 'S plans, specifics.ions and requirements applicable to
similar work usually performed under contract to CITY and which
lil
are in effect at the time of their construction.
3. INSPECTION
i
CITY shall control work in all public job sites and
dedicated areas. CITY may inspect the construction of improve-
ments at all reasonable times. CITY will cooperate with SUBDI-
VIDER to provide access to CIT" owned utilities and allow all
necessary encroachments to public or CITY owned property,
provided, however , that the entire cost thereof shall. be borne by
SUBDIVIDER.
4 . WARRANTY j
All improvements shall be fully and absolutely
warranted by SUBDIVIDER as to materials and workmanship for one
f CITY.
1 year a.. tee the dace of acceptance b
( ) Y E Y
- 2
r
5. GENERAL PUBLIC LIABILITY INSURANCE
SUBDIVIDER will maintain in force during the
construction period, and until CITY 'S final acceptance: of the
work at SUB DIVIDER 'S sole expense , a genera?. public liability
policy in which CITY is an additional named insured. Such policy
shall insure CITY, its officers and employees against any and all
loss , damage or expense by reason of any suits, claims, demands,
judgments and causes of action arising out of or in consequence
of SUBDIVIDER 'S performance of the agreement , except where such
loss, damage or expense is caused solely by a wrongful act of
CITY 'S officers or employees in connection with the general
supervision or direction of the work to be performed under this
agreement. The policy shall provide for not less than the
following amounts :
i
Combined single limit bodily injury and/or
property damage including products lia-
bility : �300, 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 coves- the risks involved.
SUBDIVIDER shall arrange for the policies to be so
conditioned as to cover the performance of extra or unforeseen
work , should such work become necessary.
3 _
Evidence of such insurance shall be furnished to CITY
on the CITY 'S form and shall be approved by the City Attorney.
Any such policy must contain a provision of written notice to the
CITY of the expiration or cancellation of any of the insurance
policies required hereunder not less than thirty ( 30 ) days before
each expiration or cancellation is Effective .
G. 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 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 or
self-insurance satisfactory to the City Attorney on CITY ' S form,
if required.
7. LIABILITY FOR WORK
In addition to the covenant to hold and save harmless
and to provide insurance , the parties agree that neither the CITY
nor any officer or employee thereof shall be liable or respon-
sible for any accident, loss or damage happening or occurring to
the work specified in this contract prior to the completion and
acceptance of the same by CITY; nor shall CITY or any officer or
- 4 -
employee thereof be liable f;,r any person or property injured by
reason of the nature of said work , but all of ,aid liabilities
shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to
protect and defend 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 , until CIT`: ' S final
acceptance of the works of improvement , give good and adequate
warning to the traveling publi . of each and every dangerous
condition within said streets and highways or any of them within
the subdivision, and will protect the traveling public from such
defective or dangerous conditions . It is understood and agreed
that until the completion of all the improvements herein agreed
to be performed, each of said streets and highways not accepted
as improved, shall be under the exclusive control of SUBDIVIDER
for the purpose of this contract . With the consent of the City
Engineer, SUBDIVIDER may close all or a portion of any street
whenever it is necessary to protect- the traveling public during
the making of the improvemen:s herein agreed to be made . SUBDI-
VIDER hereby agrees to pay .for such inspection of streets and
highways as may be required by the City Engineer .
9. INDEMNIFICA.LION-COVENANT TO SAVE AND HOLD HARMLESS
SUBDIVIDER shall fully indemnify and save and hold
harmless CITY, its officers , agents and employees from any and
all liability , losses and costs imposed for injury occurring by
w 5 -
reason of anything done or omitted to be done by SUBDIVIDER in
performance of this agreement and in construction of the improve-
ments excepting when such error or, omission is solely the fault
of the CITY, its officers, agents or employees, and SUBDIVIDET
agrees to enter and defend any suit or action brought or arising
out of its performance of this agreement: against CITY, its
officers , agents or employees .
10. ATTORNEY 'S FEE �
In the event suit is brought by CITY to enforce the
terms and provisions of this agreement or any bond given to
secure the performance hereof , a reasonable attorney ' s fee , to be
fixed by the court, shall be paid by SUBDIVIDER in CITY 'S favor.
11 . GENERAL STREET CONSTRUCTION
SUBDIVIDER agrees to perform the following work:
Construction of streets ( including excavation , paving , curbs,
gutters, sidewalks , trees and landscaping ) , sewers ( including
construction of main lines and lot laterals and structures, )
street lights, street signs , domestic water system:, water mains,
l ..jt laterals and installation of meters ; engineering costs ; and
any miscellaneous requirements as may be set forth in Chapter 99
of C1TY 'S ordinance code . Such work which shall be none and
performed in accordance with plans, specifications and profiles
which have been approved by the City Engineer and filed in toe
office of the City Engineer and which are in effect when the work
is to be performed and all of which work shall be done at the
sole cos4 and expense of SUBDIVIDER, and all labor and material
bills shall be paid.
-- 6 -
SUBDIVIDER agrees to complete all public street
improvements, including perimeter walls and landscaping , prior to
release :, - connection of utilities for occupancy for any lot in
the Tract.
I12. IMPROVEt",ENT SECURITY
Upon execution hereof SUBDIVIDER will deliver to CITY
bonds or other approved forms of improvement security , which
security is given to CITY to insure faithful performance of this
' agreement . At any time , CITY, at its sole option , may require
any surety to enter upon the job site and complete the improve-
ment project , or the CITY may , at its sole option , invade any
I
deposit given it or utilize any other form of security deposited
or made available to it to commence and/or complete the project.
All bonds and other forms of deposit shall be approved by the
City Attorney prior to their acceptance by CITY . SUBDIVIDER may,
during the term of this agreement, substitute improvement secur-
ity provided that the substituted security is acceptable to the
City Attorney.
REST OF PAGE NOT USED
I
7
1 '
REQUEST FOR CITY* COUN 'f ACTION
Date ust 4 , 1983
r�Uvi n
'Submitted to: Honorable Mayor and City Council t I GIT
I
Submittesf by: Charles W. Thompson, G'ity Administrator o �''X
Prepared by: James W. Palin, Director of Development Vic
Subject: FINAL TRACT NO. 11673 GENERALLY LOCATED ON THE F ST Tet
BEACH BOULEVARD APPROXIMATELY 600 FEET SOUTH OF ADAMS AVENU
Statement of Issue Recommendation, Analysis, Funding Sourc-e, Alternative Actions, Attachments:
V
STATEMENT OF ISSUE:
The firial rrap of Tract 11673 being a portion of Tentative Tract
No. 11673 has been submit _ed to the City for approval.
RECOMMENDATION :
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 finding that the map is in sub-
stantial 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 the 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 . Deposit of fees for water , sewer, drainage, engineering
and inspections.
b. Certificate of Insurance.
C. Subdivi.si3n Agreement .
d. The final map shall be recorded prior to the expiration of
Tentative Tract No. 11673 on March 16 , 1984 ,
e. Park and recreation fees shall be paid prior to the
recordation of Tract No . 11673 .
It is also recommended that: the City Council accept the following
bonds and two (2) copies of the Subdivision Agreement:
1. Guaranty and Warranty Bond No. 015944 . ' 1
2 . Monument Bond No. 015945.
P10 4/81
1
FT 11673
August 4 , 1983
Page 2
3. Faithful Performance Bond No . 015943 .
4 . Labor and Material Bond No. 015943 .
And instruct the City Clerk to file them with the Treasurer.
It is further recommended that the City Council accept the Sub-
division Agreement and instruct the City Clerk to file one (1)
copy and return the second to the Subdivider . All the bonds
have been approved for amount by the Department of Public Works
and as to form by the City Attoiaey ' s office.
ANALYSIS :
SUBDIVIDER: Mola Development Corporation
808 Adams Avenue
Huntington Beach, CA 92648
ENGI*SEER: Don Greek and Associates
LOCATION: East side of: Beach Boulevard approximately
600 feet south of Adams Avenue.
ACREAGE: 13 . 643
LOTS : Four ( 4)
ZONE : Seabridge Specific Plan
GENERAL PLAN: Planned Community
DISCUSSION:
The map has been examined and certified by the Director of Public
Works and the Secretary to the Planning Commission as being sub-
stantially in accordance with the tentative map as filed with,
amended by and approved by the Planning Commission.
ENVIRONMENTAL STATUS :
Environmental Impact Report No. 81-3 was certified as being ade-
quate by the Planning Commission; on February 2 , 1.982 , therefore
no additional environmental action is required at this time.
i
SUPPORTING IPTFORMATION:
1. Area Map
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'TRACT IL16-73 �11
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N13NIINCION 91404
HUNTINGTON MACH PLANNING DIVISION
'%W GERI IFIGATL OF INSURANCE W41V Approved as totorm.
f-:it% of Iltttrlin.tur. Beach TO Gail Hutton,City Attorney
Ira-• � fell. (Ilh`''' CITY OF HUNTINGTON BEACH, CALIFORNIA
1'. 1 ). Bit\ 190 By:
untinrl��n Itc;n lr, (:1 'J:'(►11I A MUNICIPAL CORPORATION
il
This is to certify that the policies of insurance as dc-ocribRd below have been issued to the insured by the undersigned and are in force
at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 711, Huntington Beach, California 92648. 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 IN WRITING BY THE CITY
ATTORNEY.
MOLA DEVELOPMENT CORPORATION
Name of Insured
8072 ADAMS A:'ENUE, HUNTINGTON BEACH, CA 92648
Address of Insured
Location of Work or Operations to be performed TRACT 11673 AND 11870 BEACH BLVD, AND ADAI4S AVENUE
Description of Work or Operations LANDSCAPING IMPROVEMENTS MAINTENANCE
aLIC"-ATET LIMITS OF LIABILITY NAME OF COMPANY
POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands 1000) (INS.)
GENERAL LIABILITY
xI COMPREHENSIVE FORM MLA0411468 11-4-83 11-4-84 $500,ogo CSL MISSION INS. COMPANY
] PREMISES—OPERATIONS Each Occurance
(�] EXPLOSION AND
COLLAPSE HAZARD
�( J UNDERGROUND HAZARD
J PRODUCTS COMPLETED
OPERATIONS HAZARD
K I CONTRACTUAL
INSURANCE
K J BROAD FORM
yy PROPERTY DAMAGE
t` 1 INDEPENDENT
CONTRACTORS
X I PERSONAL INJURY
AUTOMOBILE LIABILITY
[ ] COMPREHENSIVE FORM rILA0411468 11 -4-83 11-4-84
S 500,000 CSL MISSION INS. COMPANY
j OWNED Each Occurance
J HIRED
J NON-OWNED
EXCESS LIABILITY
YJ UMBRELLA FORM IN 012500 11-4-83 11-1-84 S 10,000,000 MISSION NATIONAL INS.
[ J OTHER THAN
UMBRELLA FORM
WORKERS'COMPENSATION
and 82-14C113633 110-17-8. 10-17-84 MISSION INSURANCE COMP!
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Bcach and its City Council, and/or all City Council appointed dreups, committees,
commissions, boards and any other City Council appointed body,and/or elective:and appointive officers, servants or employees of the
City of Huntington Reach, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall
be pr;rnary to any insurance of the 4.ity of Huntington Beach,as their interest may appear.
Date APt`'L 16, 1984 I AUTHORIZED REPRESENTATIVE OF INSURANCE
COMPANY
INSURANCE COMPANY rilbSlUBy BRAKKE-SCHAFNITZ & ASSOC. , INC.
Name Addrea 17911 FITCH AVENUE
Address 600 MY PARKWAY W. City .I RV T NF, CA 99714
City ORANGE, CALIFORNIA 92668 Telephone (714) 863-1800
HOLD RMLESS AGREEMENT
fflf�pflRATT (to a executed by insured)
•
The insured CORPORATION to protect, afend, indemnify, save, and (told harminss the City of Huntington.Beach its
officers, agents, and employees against any liability, ss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused try i s t d, fits employees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all r a operations or activity for which this certificate of insurance is furnished.
(1) Soler Proprit:torsltip (2) Partnership 1 3) Cp Nr
oration (4) Other (state)
HOLD HARMLESS SIGNED: By Insured: � Title President
(All names shalt be printed or typed —
below each signature.1 By Insured- - ,.4 Title Secretary
et t v i E ten
If Corporation,TWO Offictri must sign,or pemnt e%idenco of authorization to bind Corporation.