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HomeMy WebLinkAboutFinal Tract Map 11870 - A portion of TT 11673 - Mola Develop ,L STA' NT OF THE ACT IOtt`OF THE CI1 11 Y COIlt1CIL Council Chamber, City Halt Huntington Beach, California December 1, 19E5 Ma'yor Kelly called the , . regular meeting of the City Council o 'the City of Huntington Beach to order at P.M.- Present: Winchells Mays, Finley, Kelly, Erskine, Green, Bannister Absent: None ' #AA**4***A*A*aaaa##*i#*+Ai+aA#a*AaA4AAA#Aa*iAAAAAiiA*i##lriiAAiaia4i*iAA*iiiaa#tik4*i�ki*i* CONSENT CALENDAR - (ITEM APPROVED) On motion by Erskine, second Mays, the following item was approved, as recommended, by the following roll call vote: AYES: Winchell , Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None ' 4Aia,►aiaaaa*aa4aiaaa•taaaaaiiaaaa.ta�aawaaaaaaaa+aaiaaaaiaaaaai�aaaaaiia►aaaaaaa*aiaaiaii NOTICE OF COMPLETION - TRACT 11870 - MOLA DEVELOPMENT CORPORATION - Accepted improvements Uefflcated Tor pu51 ic use in I Fact I 187U locateds s Adams, e o Beach Blvd., authorized the release of the Faithful Performance Bond, the Monument Bond, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. aAaataiaw•toaaawi�iaiaaawaaaawwaawaawaiaaawaa.aawaawaiAwAaairiiraiwaawlA.aaaaa:Aawaawiiwa. Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach at 12:50 a.m, to Monday, December 15, 1986 at 7:00 P.H. in Council Chambu r, MR Center, Huntinaton beach, CA Alicia 11. Wentworth ATTEST: City Clerk and Ax-o ficio MR of the City Council of the City Alicia M. Wentworth of Huntington beach, California j City C erk Jack Kelly STATE OF CALIFORNIA ) Mayor County of Orange City of Huntington Beach I, ALICIA M. WENTWORTH, the duly elected ana qualified City Clerk of the City of Huntington Beach, California, do hereby certify that :he 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 _._1�t__.._ day of nrrPmhP , 19_YL—. WITNESS my hand and seal of the said City of Huntington Beach this the 3rd day`)f December 19 86 _ Alicia H. Wentworth City ClerK and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY 12/78 t� �-: PEQ UES FOR CITY CQUNCILWCTION Date .lovembeL 18 , 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prep.red by: Paul E. Cook, Director of Public Work ROV ED ���' CirX tit>t�T~c:,It. Subject: NOTICE OF COMPLETION TRACT 11870 -7 CI `Y �LL'kK Consistent wiih Council Policy? [Xj Yes [ j Now Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Acticns, Attachments: STATEMENT OF ISSUE : Mola Development Corporation has completed all street improvements for Tra--t 11870 and is requesting release by the City, as required by Section 66499 . 7 of the Subdivision Map Act. RECOMliENDATI ON : 1. Accept the :.mprovements dedicated for public use. 2 . Release the Faithful Performance Bond. 3 . Release the Monument Bond . 4 . Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS : Subdivider: Mola Dev:.].opment Corporation , 8072 Adams Avenue, Huntington Beach , CA 92646 Engineer: Don Greek & Associates , 2428 N. Grand Avenue , Suite L, Santa Ana, CA 0127u1 Location : S/S Adams , E/o Beach Boulevard Lots: 8 Acreage : 17 . 919 Zone: Seabridge Specific Plan ATTACHMENTS: Sectional District Map Boundary Map This tract has been constructed in substantial accordance with the plans and speci fca' 'ons on file in the Department of Public Works , PEC:BPC :dw rro 6/0 Imo" A i"16&#1n �� TO Gail Hutton,City Attorney r lt�. a [left. Office CITY OF HUNTINGTON BEACH. CALIFOHNIA 190 By, IIullli11"tun HeAch, CA 926-W A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issued to !ihe insured by the undersigned and are in force it this time. If those policies are cancelled or changed III such a nsannur that will affect this certifieata,the insurance company agrees to give 10 days prior written notict, by mail, to City of Huntington Beach, I.O. [lox 711, Huntington Beach, California 92648, ALL ITEMS MUST LIE COMPLETED, ANY DELETION OR CHANGE.-IN THIS FORM SF?ALL BE SIGNED AND'DATED;BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WHITING BY THE CITY ATTORNEY. Name of Insured MOLA DEVELOPMENT CORPORATION Address of Insured 8072 ADAMS AVENUE, HUNTINGTON REACH, CA 92648 -- Location of Work or Operations to be perifoimed TRACT 11673 AND 11870 BENCH ' BLVD, AND ADAMS A.VENUE� _ Gescription of Work or 9jwrotian.: LANDSCAPING IMPROVEMENTS MAINTENANCE _LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) (INS.) GENERAL LIABILITY (' 1 COhiPnEHENSIVEFORM' MLA0411468 11-4-83 11-4-84 $500,000 CSL MISSION INS. COMPANY IyX I PREMISES—OPERATIONS Each Occurance _• EXPLOSION AND C*JLLAPSE HAZARD yX I UNDFRGROUND HAZARD 1' I ,'RODUCTS COMP LEl•gD OPERATIONS HAZARD XI CONTRACTUAL INSURANCE X 1 BHnAll FORM 1 PROPERTY DAMAGE X j INDEPENGENT CONTRACTORS X 1 PERSONAL INJURY I AUTOMOBILE LIABILITY 1 COMPREHENSIVE FORM ILAO411468 11-4-83 11-4-84 OWNED $ CSL 500,000 MISSION INS. COMPANY s 1 Each Occwrance j HiRtcD 1 NON-OWNED EXCESS LIABILITY ytXI UMBRELLA FORM IN 012500 11-4-83 11-4-84 S 10,000,000 MISSION NATIONAL INS, I J OTHER THAN UMBc ELLA FORM WORKERS'COMPENSATION arid 82-IIC113633 : 110-17-8 10-•17-84 MISSION INSURANCE COMP EMPLOYERS' LIABILITY Anditional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, commit•ees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees or the City of Huntington Beach, when acting as such ate additional insureds hereunder. for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington peach, as their i-Iteres► may appear. APRIL 16, 1984 I Dzte i AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY _ by BRAKKE—SCHAFNI_TZ & ASSOC. , INC. rlarne Address 17911 FITCH AVENUE Address 600 CITY PARKWAY 1•!.. _.. city IRVTNF , rA _-092] . City ORANGE, CALIFORNIAelephone IA 92668 (714) 863-1800 — HO�D HARMLESS AGREEMENT to be executed by insured) The insured - CORPORATION ,agrees to protest, defend, in�femnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liahilit ,11oss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action eausud b ir,ured, his imployees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of al or operations or activity for which-this certificate: of insurance is furnished. -11) Sole Proprietorship (2) Partnership E3E.6urporation (4) Other Istate) HOLD HARMLESS SIGNED: By Insured. � - - Title President ;All rums shall be printed or typrd ran talon each s:pnatura.) By Insured: , —Title Secretary ter von E ten If Corporation.TWO Officers must sign,or pru"rit evidence of authorization to bind Corpotstion. low —811.11.1 Arakke-Schhfniti 8 Assoc.. Inq l' /,' �'` OMPANIES AIIVRDMG COVIRAM 17911 Fitch Avenue Irvine. CA 92714 ��" A Chubb/Pacific Inditmity 13 Mission National Insurance 1 Mola r?evelopa:nt Corporation I 'LA it" C Mission ImWeance Co. 818 Adam Avenue C"::'j*,,MENT.. Huntington Reach, CA 92648 •' •�.•...t'M!....••.�..rw^,...•... .. •.trJ•mt.f.)..a+l.••.,1.,1r a,N+.f 4+.� .Ty1r'•e.a all 1144-lr. I1 rnw tmd fm } •,.� i.• .'.•- A v,-.-,.to r w-•1 ro..+w r+1 .n•<•....,,t►'+a..•i r•••r Pr•ean o.ra�.a r a•fw'aW Or r-t�H dr•t..t M..-•r1 a.f•r.l rn•,.M•. 1. . ——.--1. ... - — _ UarHo_la 14t .n �ouun fa , � .,\. � \ ...., t.,«,.r,n.,.•, - ran• uJ.w W,1 \ • NyY f•\I r•.•\( 00 EI t actSs Ira tlll,f♦ � rr t..wY•r.•M' � 1 B )<• r~ . - i M 0011'11 11-�-A3 .^• •••••" 15.000. 1'5.000, wUr•f115 fUvo(•ysatlq•.• � ,.. . C ,, AfifCi-136f30 j 10.17-A3 , twrlort. uanluT► _. UTM• i ` ... }.i .0 t Re: All Operations 1•.A to t. a,. .r,.f.u.,,,,i.11,.n. ..u, ,r•. . ,'., •,,, . ., ee.wal+aawe . 4ltL, 1 It. �,..r. . ,.,...1.,,,,• •yr.-��.. to r+ax+a'1h +Ra►+�rws.s�as:a,+w.ww�t�rr�tex+ F F V )earrcrrR-�>, r.an�tckEorl - Aycnt 8ta0,Acy-SC1.adl,l t-- L h:. Hunts ton Ekach 11Yt0 Mein 5Lf•ret ' Ihlnti mton Peach. CA 976AR i jt.f�:4 y.,��J,ec�.. ••.. ATtn: Aullding r►ept. 1 I 40tDtIA11MLESSACREEMrNT RECEIL'I.U.• •,• Ito ba taevted by inwr.dt f► TM enured ' apreef to twoletl•to &-%d•mde.-%mly,use,and hold hair"Im the Cotoggadyi/e'Wyers ltf 0ff•etn•or-to, end efaPlotetl aga,nit any h►trhty, to .clam ,con,nr tap•-nit by reason of any all 11at1•:rtyf Hu mtts.deir ' de•naw?t,ryt/grnntl e�,1 taw.+of am"tau.wd br o"Aied,h, e•rdoyttt,agents at any sub-.►nlraCto q,`y anJ, I4 ;,"- -,4 eltl 01 or M ceMrque,tee of she Prrlwfnence of All0!1, a OM . om Or act,ettr for wh,th thtt•rr1111ce p1 4CNaeita rl lurrrr� � •Its Sry e'•re••er w.a (21 ew.«ta.•n I71 Ca•s,v t /,..111410) r .•!•% . ta+J r,•• �lttMAllMIlStL,Ch:O •tln•.•,t �,_.,_ y„� Frank J. ���1.•R��atd�r.` IAA v-+.Wa M rrr•fM M/trA �t L.wM - 1'nM ' ►t++«e*.yf•errtl �ftl�f-Mn r•s 1•'ri. .1 11 Corpwatren,TWO Oeft:ert mwt Mp,,or p+t/ent ee e#..ta 01 aulhnrltallen 10 ha.d CarporAtlon NOTICE OF , .MPLETION WITH CONDITIONS TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO . � DEVELOPER •CONDITIONS : Deposit of fees for water , sewer , drainage , engineering and inspec'3' ion Bond for Improvement . . . . . . . . . . i . Signature of Agreement. . . . . . . . . _ Cort i f i catty of I nsurance . . . . . . . . 11ond for Nlonutnorvt . . . . . . . . . . . b l .rl� r• .\ t•i,t t r' i tt i I�cin�i . I_ I . i t NOTICE OF COMPLI1,10E WITH CONDITIONS ON TRACT AUTHORIZATION I-OR RELEASE FOR RECORDING TO : City Clerk Date 11 -2 -62� FROM: PLANNING DEPARTMENT James W. Palit TRACT NO. Q RECREATION & PAIM FEES F AID „LQ ism De 1,•rW%zvv " 5.wvtczs pr«r 1_3 gnature 1 Cite of Hun- thigton -,Beach P.O. BOX 190 '---- CALIFORNIA 92648 OF 'ICE Or THn-', CITY CLERK December 7, 1982 Orange Coast Title 640 N. Tustin Ave. santa 'Ana, CA. Attention; Subdivision"Officer RE: Tract Map No. 11870 Gentlemen: This is to inform you that all feeu 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 AM:to .... . . .... Received by. i Sato 1�V� I e. city B e' a h �M- P.O. BOX 190 CALIFORNIA liti" UF1-ICE 01' THE CITY CLERK October 26, 1982 Mola ..Qevelopment Corp. 808 Ad ams Avenue Huntington Beach, CA. 92648 Gentlenn: T1,a City council. of Huntington Heach, at its regular meting held Or nher-?q, 1982 approved ttk Subdivision Agreement for Tract 14o. 11R7[]. We are enclosing herewith a duly executed copy for your filers. Sincerely, Alicia M. Wentworth City Clerk AP.W:pr Enclosure AGREEMENT TO CONSTRUCT MASTER PLAN STORM DRAIN FACIE;ITIES THIS AGREEMENT is made and entered .into this 13th day of October , 1982 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ol: the State of California , hereinafter referred to as "CITY, " and MOLA DEVELOPMENT CORPORATION , a California corporation, hereinafter referred to as "BUILDER" . RECITALS WHEREAS , BUILDER, pursuant to its agreement with CITY, will at its own coat and expense , construct a portion of a storm drain system which is part of the CITY ' S Master Plan of Drainage located southeast of Adams Avenue and Beach Boulevard , hereinafter called "FACILITIES" to serve BUILDER ' S development known as Tract 11861 and Tract 11870 and adjacent properties , and FACILITIES will be constructed in conformance with the Plans and specifications approved by the Director of Public Works of CITY ; and WHEREAS , FACILITIES will serve only the remaining acreage within District 71 , which acreage is wholly owned by BUILDER and lies totally within the confines of District 71 ; and WHEREAS , CITY desires to enter into an agreement with BUILDER to insure completion of construction of all remaining FACILITIES as provided in the Huntington Beach Municipal Code and the California Government Code ; RCS :kdl 11/29/82 . _ 1 AGREEMENT NOW, THEREFORE, in consideration of the covenants and agree- ments 'herein contained, the parties hereto agree as follows: 1. CONSTRUCTION BUILDER will construct FACILITIES to serve Drainage District No . 7I . Attached hereto and incorporated by reference herein as Exhibit "A" is a neap of the drainage area served by FACILITIES . 2. FACILITIES The FACILITIES to be constructed shall be as shown on 'i'ract Map 11861, or any other Tract Map recorded in connection with BUILDER' S Seabridge Specific Plan, in accordance with the plans , specificatons and profiles which have been approved by and are on file with the Director of Public Works and shall be completed prior to acceptance by the CITY . Construction shall be performed under subdivision agreements entered into between the CITY and BUILDER. FACILITIES to be constructed are the southerly extension of the storm drain FACILITIES south of Adams Avenue and East of Beach Boulevard , as shown on the CITY ' S Master Plan of Drainage . BUILDER shall construct all masterplanned drainage FACILITIES located upon the real property encompassed within the Seabridge Specific Plan and described on Exhibit B, attached hereto and incorporated by reference herein . BUILDER shall enter into subdivision agreements with the CITY for construction of FACILITIES upon all portions of the described property on which drainage FACILITIES are masterplanned prior to final approval and 2 I , recordation of any subdivision maps on the property, other than than the maps of Tracts 11861 and 11870. 3, DEDICATION BUILDER will dedicate FACILITIES to CITY. � . FINANCIAL ASSURANCES BUILDER shall provide CITY with bonds, certificates of deposit, lender set aside letters or such other assurances and security as CITY may require to insure completion of FACILITIES throughout BUILDER ' S various phases to be constructed within Drainage District No . 7I . BUILDER shall not be required to pay any drainage fees . 5. COMPLETION OF FACILITES Upon completion cf FACILITIES and acceptance by CITY, BUILDER shall be relieved of any responsibility to provide or pay for 6dditional drainage tees , and any assurances previously pro-:ided CIV! to insure completion shall be released or refunded to BUILDER. 6 . CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for refund because of said connection. I I 3 _ 7. ENTIRETY This agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this i agreement on the date and year first above written. MOLA" DEV " OPMENT CORPORATION CITY OF HUNTINGTON LEACH A C ifo is corporation a municipal corporation BB y resident Mayor Secretary � ATTEST:A T. AS TO FORM: rle�l�_ 15 City Clerk City Attorney -- REVIEWED AND APPROVED: INITIATED AND APPROVED: IL City Adm: nistrat' r Director of Public Works } `...1 ._.. .�� ELLI S IP •w+A�•r+lr� -_ t • `' '' _ 77 ze Li r FTtf,I! ci rfig,.riF 1, iz' i r; l F 'tJ GF-E ar �' ' `.��1j~mot t •4___,_...-..--�I'• �1�� J ��-s��a.i YO 9 K 7V�1� f2 Sao ON •r i;! Tp T T-1 _1 s2• APAMS EXHIBIT A Area Man J l •0AW! AWtrrT 1 w , � % . • 1 I S AIEFIiDGE , ` SPECIFIC ! ail. 1r CF;R S ` r r F "_.1 "� " raa • 7 � T Leval Descrip-ion - The Seabridge Specific Plan includes the real property described as follows : � Parcels I. and 2 in the City of Huntington Beach as per map filet' in Book 154 , Pages 11 and 12 of Parcel Maps , in the office of the County Recorder of said C'ouncy ; anu Parcel 3 in cite t-icy of t,uncingcotI ::each , as ;per i:,ua filet: i ii book 411 Page 24 of Parcel !laps , in ch3 o=fice of c;,e County Recorder of sail: Councy . IOMBZT B REQUES# FGR_)_tk_1TY1;'C00 C ACTION pat October 19, 1982 ,...._..� ... ..1.:- ci•rj Submitted to: Honorable Ma aT adz It Council • Charles om son City Administrat Submitted by. W. Th p y Prepared by: James W. Palin, Director of Development Services y Subject: FINAL TRACT NO. 118.70 -- LOCATED ON THE SOUTH SIDE OF. la` ADAMS AVENUE APPROXIMATELY 608 FEET EAST OF BEACH BOULEVARD Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The final map of Tract 11870, being a portion of Tentative Tract 11673 , has been submitted 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 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 improvement 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 fee for water, sewer, drainage, engineering, and inspections . b. Certificate of insurance. c. Subdivision agreement. d. Park and recreation fees shall be paid prior to recordation of the final map, , e. The final map shall be recorded prior to the expiration of Tentative Tract No . 11673 on March 16 , 1984 • f. The conditions , covenants , and restrictions (CC&Rs) shall be re- viewed and approved as to form by the office of the City Attorney and the Department of Development Services prior to issuance of building permits. It is also recommended that the City Council accept the following bonds and two copies of the subdivision agreement:, 1 . Guarantee and warranty bond No. 014775 2. Monument bond No. 014774 3 . Faithful performance bond No. 014776 4 . Labor and material band No . 014776 and instruct. the City Clerk to file them with the City Treasurer, 11870,. FT . October 19, 1982 Page 2 It is further. recomme.nded that the City Council accept the subdivision agreements and instruct the City Clerk to file cne 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 : Mola Development Corporation 808 Adams Avenue Huntington Beach, CA 92648 Engineer : Don Greek & Associates .Location: South side of Adams Avenue approximately 608 feet east of beach Boulevard Acreage: 17 . 919 Lots : 8 Zone: Seabridge Specific Plan General Plan: Planned Community DISCUSSION: The map has been examined and certified by the Director of Public Works and thj Secretary to the Planning Commission as being substantially 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 adequate by the Planning Commission on February 2, 1982 , SUPPORTING INFORMATION: � 1. Area Map JWP: SMS:df SECTIONAL DISTRICT MAP 12 -- 6 - 1I lCalr - wIllT� CITY 011' r HUNTINGTON BEACH 0 RANG1 C0UN'1}Y•, C'ALI F 011NIA USE OF PROPERTY IIAAP t • J l ':)AA,s AVE •� i �' •'Ii l 1 � 1 1 1 I ' I 1 11 f , • �.....' _j- u .-.1 1 , `--�.. -. . •:�--- ._: l •... _ a ;_ . f to . . 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MOMOV.P".MW iS !� ... �. • ' 1 •.. r �,. 7 R� �� ,r♦i rn J.C,h• !• �' ,�!�.. .• ` 4, } t rKl► .+'T�•r7• .` 44 frw•ij• .t yT•. •+•'S�j .'•'� 1!••� .s M Ar h.� In 4a�+lc.rro BOO 41 low l t SUBDIVISION AGREEMENT THIS AGREEMENT is entered 1.nto this 8th day of 0- 1 ober 19 82, by and between CITY OF HUNTINGTON BEACH , a municipal cor-- poration of the State of California , hereinafter referred to as i CITY and MOLA DEVELOPMENT CORPORATION hereinafter referred to as SUBDIVIDER. RECITALS A . 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 the public use , and is about to file with CITY a map of the Tract of land known as Tract No. 11870 , and B. As a condition 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 here- inafter 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 • period of one ( 1 year following artci warrant of the wot lc for a ) y g b P completion and acceptance thereof against any defect in work or labor done , or defective materials furnished , as required by Sec— tions 66499 and 661199. 3 of the Government Code of the State of California , and Article 997 of CITY ' S ordinance code : i AJF :bb 10/14/82 1 . r I ' NOW, THEREFORE , in consideration of tho -)ror;:ises and agree- vents of the parties as herein set forth ; the parties agree as follows : 1 . Construction. Street General S e SUBDIVIDER does hereby agree to do and perform the follow- ing work , the cost of which has been estimated by the City Engineer to be the sum of M�09d Z 4 ?-7z ao J.Vh,4Jb ( kM94DoO ) For the construction of streets , including excavation , paving , curbs , gutters , sidewalks , trees , landscaping , etc . , sewers , including construction of main lines and lot laterals and structures ; street lights , street signs , construction of domestic water system including the construction of water mains , lot laterals and instal- l-.tion of meters ; engineering costs ; and any miscellaneous require- ments as may be set forth in Chapter 99 0-*' CITY' .S ordinance code , and all of which said work shall be done and performed in accordance with plans , specifications and profiles 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 the approval of said map and the acceptance of the dedication of said streets , alleys and other improvements , and said work shall be completed on or before two ( 2) ,years from the date hereof , and all labor and material bills shall be paid. 2. Arterial. Highway Improvement . SUBDIVIDER agrees to complete all arterial highway improve- ments , including perimeter walls and landscaping , prior to release i 2. or connection of utilities for occupancy for any lot in the Tract. 3 . Guarantee. SURDIVIDE,►l shall guarantee all work and material required to fulfill his obligation as stated herein for a period of one ( 1) year following the date of City Council acceptance of same . 4 . Faithful Performance. SUBDIVIDER shall 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 fully reimburse and repay CITY all outlay and expense which CTTY may incur in making good any such default. 5. Insurance . SUBDIVIDER agrees to Furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER' S sole expense , a protective liability policy in which CITY is named as an additional insured. The policy shall insure CITY , 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 , dariage or expense is caused solely by the wrongful acts of CITY , its agents , officers or employees in connection with the goneral supervision or direction of the work to be performed under this agreem`nt. The policy shall provide for not less than the . 3• following amounts : Combined single limit bodily injury and/or property damage including products liability: $1 ,000 ,000 com- bined 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 con- ditioned 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 of insurance shall be furnished in a form satisfactory to CITY. In addition , SUBDIVIDER shall furnish evidence of a commitment by the insurance company to notify 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 . 6. Liability for Word:. 13ITY shall not , nor shall any officer or employee thereof, be liable or, responsible for any accident , loss or damage happening or occurring to the word: specified in this contract prior to the completion and a^ceptance of the same , nor shall CITY nor any officer or employee thereof be liable for any person or property injured by reason of the nature of saiA work, but all of said liabilities shall he assumed by SUBDIVIDER. SUBDIVIDFR further agrees to protect CITY and the officers thereof from all liability 11 . or claim because of, or arising out of , the use of any patent or unpatented article in the construction of said work. 7. Public Warning; and Protection. SUBDIVIDER shall at all times from and after the accept- ance by City Council of the highways offered for dedicatir:n in said tract up to and including, the completion and acceptance of said work or improvement by said Council , give good and adequate warn- ing to the traveling public 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 agreed to be performed , each of said highways riot 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 whenever it is necessary to protect the traveling public during; the making of the improvements herein agreed to be made. SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY . S. _indemnification. Neither CITY nor any of its officers , agents or employees shall assume any liability by reason of anything done or omitted to be done by SUBDIVIDER or by SUBDIVIDEE ' S officers , agents and em- ployees under or in connection with any work performed pursuant to this agreement. SUBDIVIDER shall fully inde(nnify and save and hold harmless CITY , its officers , agents and employees from any and all liability , losses and costs imposed for injury occurring STATE OF CALIFORNIA ) COUNTY OF ORANGE On this .� ' day of 00� , 19F2-- , before nte, a Notary Public in and for said County and State, perscnally appeared C&ItT /`"'� � c 'S",p. , known to w. to be the Mayor and X triA .N. tU4A lweP2�6 ~, known to me 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 to. .TnE^that_such.lriunicipal..•r= oration executed the same. V ~a` Q -L S E„L '.� ' : � •;;_ Cry'h:'� �� . i?�CLi::'.'r'+Y ;l � . . 10 1785 II '. 70 1945 CA 18.741 - Ttrte INS'U''W^NCE (Corporation) AND InUST NJ j STATE OF CAI-1FORNIA Arlcn►lCOMPA Y COUN"I'Y OF { On C+ � I/, .�� - t_ __ _��before me, t e u dersigned, i1 Notary Public in and for said 1 State, rersonally appearrd___...� known to me lobe known to me to be __ ----.---Secretary z of the corporation that executed the within instrurno:nt, known to me to be the persons %.•ho executed the within ,Instrument on behalf of the corporation therein named• and acknowledged to me that -such corporation executcu the (� �M,,� C+ ;:;,•;..;, :.. +, j within instrument pursuant to its bylaws ors resolution of I.:,Y its board of directors. r'(?7AF;Y f i:G.+ •i.:.', +VITNI:SS my hand and ellicial seal. + .° � ►.IyCOr-M E,F-+aMa�cil to,1 Z Z � r Si nature` .G- �. (rr t 1, ' (This sm for ott'xial notarial seat) w r ' by reason of anything dorse or oinit',ted to be done by SUBDIVIDER, and .SUBDIVIDER agrees to enter and defend any suit or action brought or arising out or this agreement against CITY , its officers , agents or employees. 9. Attorney' s Fee. 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 , shall be paid by SSUBDIVIDER. IN WITNESS 1-A1EREOF , the parties hereto have executed this agree-- vent the day and year first above written. "CITY" CITY OF HUNTINGTON BEACH )JA ikk Mayor ATTI?S'I`: APPROVED AS TO FORM: City Clerk City ttorr.2y "hi : TVIDER" I~lOLA D ELOPMEN CORP . Name of S XVIDI�R ' r / r By F: la - resident A y Peter E. von k1ten Secretary