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HomeMy WebLinkAboutFinal Tract Map 12822 - San Clemente Business Properties - C.� REOUEb f FOR CITY COUNCIL. ACTION Date December 16, 1991 �. Submitted to: Honorable Mayor and City Council 'lubmi"ed by: Michael T. Uberuaga, City Administrrtor Rrepred by: ri:ouis F. 5ancioval, Director of Public Works 't't' O�•Fo t3Y ctrl• cautrct.. ' i Subject: GUARANTEE & WARRANTY BOND-TRACT 1�72 --•------�'�� �4 . t7 ? J Consistent with Council Policy? k j Yes [ J New Policy or Exception � t 5 emmmt of Issue, Recommendation,Analysis, Fundinq Source,Alternative Anions,Antachmnts: 4-9 f The requires'one year period has elapsed since the acceptance of Tract No. 12822. San Clemente Butlness Properties is requesting release of the Guarantee and Warranty Bond Number 1226221 as required by the Subdivision Map Act. RED M ENUMN: i 1. Release the Guarantee and Warranty Bond. 2. Instruct the City Clerk to notify the developer and the City Treasurer of this action. MALYS15: Subdivider: San Clemente Business Properties, 2532 Dupont Drive, Irvine, CA 92715 Engineer: RMG Engineering, Incorporated t Locatlor, 4581 Warner Lot: l Acreage: 2.439 acres Zone: R-3 ELINIOG SOURCE: None A�TFtRNATIVE ACTION: N/A ATTACHMENTS: i Sectional District Map This tract h,-s been constructed in substantial accordance with the plans and specifications on E file in the Department of Public Works. LFS:BC:ib 3105g/15 ' E ! 1 f } r r!O 5/25 I LAN-NIN�v SECTIONAL DISTRICT MAP 20 -5 - 11 CITY OF E,E,.: HUNTINGTON BEACH 0 *! ANGE' COUNTY, CALIFORNIA USE OF PROPERTY MAP dl CF-E J Y lay TT I L L�J im T- r-T CF-R ............. J MIT T-11 1-4 rEtr-�I L CF-E W-611. LF:-R 9'r , lwl.�p zL J L 1 i STATEmrriT OF THE ACTION OF THE CITY COUNCIL ` Council Chamt er, City Hall Huntington ©each. California iruvcr..t er 5, 1990 i Mayor Mays called the regular meeting of the pity Council S o the City o Hunt ngton eeach to order at 77-05 ..H. ' Present: MacAllister, Winchell, Sreen, Mays, Silvn, Erukine - iAbsent: bannister y rrrrrrNrrrrrrrr►rri f•fr•rr+rrr.rrrxrr►r►rrrr►rtRRfwrr.rAerrrrrrswrrrwre.rrrewrtrrrtrrrrf• CONSENT CALENDAR - (ITE.`: .1PPP.0VEI1) On matior. by Mays, seta.. r:tcAllintor, the followinz item was approved as reco:s ended by the foliowioF roll call vote: AYES: HacAlliiter, Winchell0 Grten, flayv, Silva, Erskine NOES: 14�:e ABSENT: Hunnlster ArA AIIARAfArrAAARRRAAftfAArrf RrARARRARrAAAfrrAAArr►ffRRRAAAARrR1R/.AffrArRAAfARRrRRRrffr ARRR NOTICE OF 0,11PLET101i - TRACT No. 12822 - SAY CLE11911TE 1!'JSINESS 1ROPERTICS - Accepted ir,provementa dedtcsted for public use It, Tract No. 12322 located at 45H1 i:arner Avenue, C authorized the release of the faithful Performance Bend and Monu::ent Bond, accepted the r w antee and Warrant) Bond and instructed the City Clerk to notify the developer and City Tr• . rer to ratify the bonding company of this action. i rrArrrrr►A►fffrrrrrf Nrrrrwriwrtrr►.♦wffrrRrrrrrr►wwrr Hfrwrfrrrrr►rrfr.wffrrRrr.rrrrr►r1 Mayor MAYS adjourned the regular meeting of the City Council Of the 1ty 0 HUrtC1ngCon Beach at 11.400PP.M. to Agijlay, November 19, 199D at 5:3o r'm. In Roca 8-8 ic:inie Hrockw4v Arts-,: City Clerk and ex-o ficio Clerk of the City Council of the City Connie Broc',wav of Huntington beach, Calffornia C'cy Clerk STATE Of CAL1FO'%SIA County of strange ) Mayor City of Huntington -each) �J I, CCN%li eROCt:dO the duly ap;ointed and qualified City Clerk of the City of Huntingtcn peach, California, do heroby Certify that the above and foregoing is a true and Correct StateMnt of ACtion of the City Council of said City at their regular meeting t d on the Stt, day of November , 19 90 _ WITNEC: hind and seat of the said City of Huntfrgtcn Beach this the 7th day Of ,%nvc-ber 19 90 Connie Dreckwr� zt y C erk and ex-officio Clerk of the City Council of the City Of Hmtir,gton Beach. California BY t r � eputy I '! REQUES FOR CITY COUNCIL. ACC^PN Data November 5, 1990 q x Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator K tl 1"M Qreparad by: #*�Wuis F. Saitdaval, Director of Public Works APPRovEu fly Subject: NOTICE OF COMPLETION TRACT 12922 ,_,ly 1 C:1T Cf.Y, K consistent with Council policy? I kYes ( ) New PoHcy or Exception Statement of ls:ue, Recommendation,Analysis, Funding Source,Alternativrr Actions,Attw�hrnents: I 31AT_1=MNI OF I5..51JE: Coultrup Development Company has completed all street improvements for Tract w4. 12822 and Is requesting release by the City. as required by Section 66499.7 of the ' Subdivision Map Act. 4 &CCU MEN Al A11ON: 1. Accept the Improvements dedicated for public use. ) r� 2. Release the Faithful Performance Bond 1156201. (Gabor and material bond of t same number to remain In effect for six months. 3. Release the Monument Bond I IS8000. 4. Accept guarantee and warranty bond numt►er 1226221. 5. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. I Atel . Subdivider: San Clemente Business Properties, 2532 Dupont Drive, Irvine, CA 92715 l~ngineer: RMG Engineering, Inc., Lawrence L. Truman L.S. 5346 Location: 4581 Warner Avenue (north side of Warner Avenue, 165 feet west of the centerline of Sims Street) Lots: 1 Acreage: 2.438 acres (gross) Zone: R-3 AT1"A wMENT1: Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications un file In the Department of Public Works. MTU:LFS:ASB:dw 25$lg/5 1 aiu s� J PLANNING._ SLC110NAL DISTRICT MAP 20 -5 - 11 .. - - -- lit; CITY OF LEGM I HUNTINGTON BEACH ORANGE COUNTY, CALIFORINIA ' IISE OF PROPERTY MAP 't 1 AVE 1 ,r:zf 77 - E a CF LLL 1111.IIII : � l � w Il lam' J>. +r1 -I1.8;11rlp 1 - TT i H r� 1 7TfT J I Nt �— CF-E i I CF-R 44,. `?�;�— t�1•.�. �mac__,s II t S Flaaj Er. mil• : «..�_�- .. _ .. 1�: 1�-F"1�y�+-L=1-. "�}`'�` it.r• � -� — s � I 1MGPq{R AVL I `` S LOCATION i i 1 premiufn MOO_ i parer thrber rAUJIL Wad r1226221 GUAR.A TEE AND WARRANTY BOND PREMIUM CHARGED ON ANNUAL BASIS WHERF,AS, Coultrup Development Company a principal, and Amwest Surety Insurance Company , a corporation organized under the laws of the State of .G,liforala and duly authorized to do businoss in tha State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTOti DUCH, California, as Obliges, in the penal sutra of Five 'Thousand Tva Ar '.red and 00/100 Dollars ($5,100.00) , ropresenti,ng 10 percent of the contract price entered into between the I'rinoipal and Obligee, to 1 which payment well and truly to bra made we do bind ourselves, our and each of our heirs, executors, administrators, suCcossors and I assigns jointly and severally, ' MIEREAS, the said princi;?al entered into a contract with i said Obligee, dated September 17, 1988 for work described as folladat Subdivision improvement for Tract No. 12822 on Serrporte I in the City of Huntington Beath W}:ERE.'1S, said contract provides that the principal will i furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the obliges, against all defects in workmanship and materials during said one year period. WHEPJ AB, said work has been completed, and accepted by Obligee on Novecber 1, 1989 , { NOW, THrREPORE, the 8rincipal' and Surety, jointly and :seversily sh..:t indemn+,••.y the Obligee for all loss that the Obligee may sustain by rea:nn of any defective materials or workmanship which become apparent during, the period of one year from and after date of completion of work and ;ccaptaace thereof by Obligee. SIGNED this . . t th day of (x totx r _ , 19 9U Signatures shall be notarized. Authorized repretontativao I • nhall be president and vice president or attorney-in-fact ( .'not. rroi.strup uereloptwn—0L-r:pany _ -- - PRI11CIF'RI, 7nII la`:TnT } U[i ' {}:i} •hPlY}; I•_; i':-:`:I� Jon T. uItrup ,%Mi 1' I MUE'I'Y 1111; R;.HC}: ANY By Authorized Representative 1'r,.c��lu Gcx:t�ch,.aturnrw»It:-Ync: FOVIER NUMBER AMWEST SURETY INSURANCE COMPANY"�ar fAO,p IF Nt7Y USED BYP O. EOX 45pp.WOODLAND HILLS.CA 91365.4y G 4 g 3 7 8 A (8181 704.1111 JANUARY 1_1991 ' BOND NUMBER _ LIMITED POWER OF ATTORNEY No Power Al:a,ney on Imsft n 122Ei221 READ CAREFULLY oral:to vl'•d AS to[on^s This POwI' Of A.•IOrnty hat,Lien ( *r,.ngs, reCailons rt ir xl,* Ce4vHlil In crier .�c.^. CCr.�,1wet"T:fond »rrgn Ob1•SauLns �n ire ny:+e aC.,ln s.tm Ine vwPvt ew:u:ed Or of A".er st d &noes txro ru^.er s•`-'' o(aruton easo COU1,11W I)FYEi.01'AMT CO!'IF'AMT 5,200-00 fuME OF PR;NCtFAL __ PENAL SJM! LAME OF ot!(taE[ CITY UM MMINGTOA BXACIl, CALIFORNIA -- -- t'-�,,•^I AP•'err^•+r r;i vee uwd,n cvjur'l cn w PI A^f Ctncr p041-f cf a:'Ofney TI.,s Fbrer Ol A loetney Is tno•d d arerrf or vaser3 In s Cx,:•nan; I •t;• fell rn L t rel xf o:n LIArk and red Ink.TNs prover of a!Vrey cevo a rs.Ma seat of AMWEST SURETY INSURANCE COMPANY.Drill prgmi's j I•-.t>:-,.err pf A,•:Crreof jet f a'4 Ida represertal.ons Or warrant es IL%z•C r+•)v"It Puller cf kifreal m;y 6e maCa toy any pe.'ton v-wte I.fan an auarmnze9 i f ,•1 cf AMYYEST SURETY INSURANCE COMPANY,and mOa O•f•n wri,;N Oues:ecns or , -rMCs regvd ng In.t ftw-t d Attoney must be adl,eslel I AMWEST SURETY INSURANCE COMPANY at If•.e advess and role"fin!pumper:et Lr•tn:t 1te top of tors itwef tf Atlofrt:I AVent on Underw`.:•'t2 Ur;s»•eras Tr n Pv«+•+cd A!t:ritcy t,talt t>r gprefned try tha:sees c+the Sta•e d G'torr.s An y te)wef t:t a'1o•rey use•.�n Corrs:t on with a•y pored Issued � Cy AMWEST SURETY INSURANCE COMPANY on Cr&let FeL,bAfy 21,1999 fll-st to on A-,AtN Fofm UN AIXTf InEV:'a?) Ail Ohef per•ovs power f a ^ar' •-s•ss r7 ty AMWEST SURETY INSURANCE COMP/AY river teen re.i ecd VC a•e of no funter L•,-:e Of et'ecI j KNCYV ALL MEl BY THESE PRESENTS.tha ArIMFEST SURETY INSURANCE COMPANY.A CALI"NIA CORPORATION,(free"Company').dolt nertby mace.COrlve.,A and A"Mi PAMELA GOETSCN AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY ,Is Owls and lawful Aftorney(s)+n•Fact,w,Ih limited povW and authorety for end On Wait Of the Campbell as sWMy,to/latute And ditnef and Afllk tmo seal 01 the �ttt Company tharHo a a sesl to roQuaed.bonds.urr+dee w"Ings,recogn•tanees Or amor*,,"on Otr•yatlons n. %^•Mlle thoroot,at Iuaows Rd Bonds up a 1250DW. Cotttraa.Cowl S S lootntron bonds up in S250DW, Smas Busenest Acm nrfuat4ts OuararsrM finds up to S25 WO. LICMst 4 Pnma Fronds up to$50400. W,jcellarlewo Small up 10 s25DOO i i and lO bend AMWEST SUIIEFY 11:3UAANCE COMPANY Chet" TnMs oppupnfinertt,s made urdd AM all stlfWAY of Me Idtcti.,trlg prov+s.ons d the By-laws PA Ina Cata,parry.*ri cn Aft hall to to kwo ant tflat.Y: Arline It,3#00n I of the By-laws Of AMMST FUMY INDURAMCE C06W NY Tres Pttwfr of Anartey its signed and tseaMd by 1111CO "ur4V And by tffo SIAhonry Of the WO*mg 1111ha vne adoptod by IN boors at d-rectors of AMWEfT 5640"Y INEURAMM COMPANY el a f^VN dory held on CeCil+tOer IS, 1911 RESOLVED that tits prtsdrrd W any vKrpratltls+tt•Mt oorywYx4n wtl'1 Lte VKtetary M arty&WO&J aAcrstary,may appotrd aROrnays-af,h01 of agents w.U:4ttthomy as arFlntel Of ftrtrlad In the IntUviffew 1 evltlerrctng eta apppnnitrt in taco etw,for and on D~Of the Company to sketute And deerer and Via_hit seal of Me CQerpany 10 Dundee um0W1A v,9k rti.Ogrulsftft Arid aurelyahtp oblgrtona of 4s LF0.and Mod Of vri may rtrf,"any two anornsy.n tyYcl or open and reeves arty poor of somry p,verbWty QrWfled to s,rdl pelrton. RESOWED FURTHER Ina ary Octal,u'wef",rKOgftwics.or ewalyNep OCflgalon ohs"be rood and blrwmg upon:N Company (.)wW s,grted try the pr esilIo t of arfr reef„ewftnr And MtenW Arid"Sw(if a Nat be 1,02w f0d)by any seerrury or aahfldr Hefelary or PI-W 5'9,40 Fly IPA WAnl.danl or ny fnerprtkalders Or fecrevey all asitwom aaawary.sell cofvsle/Mgned and faded(.t a teal be loquMod) toy a duly sulhp•Itaq anormey+M1tad or opwk;or feel W An du'y allowed&M&sand(d A 6e1,1 be requred)toy ono of mOra AWnrys-miss or aglnf puMuan a and w+ttti't:fie kmalf Of troll i aufr,,ietty,evidenced by the power Of atnrnry IatYed by the COmpar.A 10 Huth person Or peraom. I RE5MVED FURTHER MAI the soplaure of any al.;VIHd Otter SW the Nu d LOA Corrpofy may be afYtaod by faCelrab to are hoover of Vorrtl y or conittCaIlm Ihered outhontov IPA asaCsttm and dowry d sty bma. -40 U".roco":8140.or Other a welyssrs1001,94R.Mf of 1 tre Ccrt•pa:ry,and su:m ngrtatufs and ter whet to used small mast the same lord stood tel41Ct at V106-A m4hua01 aff,aed i IN w1TNESS'Ir•4ERE0F.AMWEST SURM INLS.AANCE COMPANY has Caused lhets profehto to W"need by Its pfp)fef off,eort,and Its copes as I ' sesi tow Says Into a'+e.xi into 7 day of Decemtar 19 89� I �r• y�, , `may��. �- . r..•.-- ..e.-, i .. .`_"".r....n..•, t STATE r;F CAL•FDANIA•COUNTY OF LOS AN3ELES-ft t7 t tr•t . _na/c' December A D•to A9 personalty Came batore me_ Guy R. Peterson af,d Karsn G. Cohen_ :o ere k -*n IC to fir *.,Id GOAtts of AMWEST SURETY INSURANCE COMPANY.CALIFORNIA wrfo saeCutsd trio axve tnattumstY,and they ea_I a kf CM•edged tfV el0CLl'o,t of tha same.and DO-2 Py Ins duty sworn.O•d/"Wily dtoosa and iiay that tr+sy Los Lie U4 ctfturs d She corwA1411 Afdr114:1. •d Mal Me seat&^,led M Lie above,nttlurriont Is tat flat of fife Coevorst"n.and tmll sad Corporm saw and Lien W-alurts A3 svcm Oft.rars were Cull affi led And suascr!ryed to Ina aJ 1 Inafurrera Cy tn•Autwory of Imes Ocala d d,raclors of 504 CC?Mfalgn arm fa+, TM A tlae4"7 tell,relb�e (SEAL) STATF CF CALjrCF.'j:A.COUNTY OF LOS ANGELES-ri CERTIFICATE I.tr.r u•+de•t,g•,ed. YlCfetwt,of tat AMWEST SURETY IIISVRANCE CONOANY,a Colofma corporatec•t,DO HEREBY CEAT;FY Best I e H•^',h1'rq•lea A!!ae:ted POrN C4 A=fnry ftmA.nf.n Iva t`ice and RAs nezm been 19+r•J13d.and f.;fv erntOre.Lfa Ine prcw,slona Ca tee Or-Laws of tree Coelpary a^�!"•Pe-'LA-oni c'r Ste b0a•1 V d.r M.xs set Mr?!In toll Parer of Ar-I n1ey,We now,n t=@ 5; e:a-c%CA'ec of ingING"IUM PJ ALH, CALIFORNIA Sher Hth City v 0CA71It11 _ .9 90 1� CITY OF ICU VTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK r� 1 1 September 27, 1988 San Clemente Business Properties/Cultrup Dev. 2532 Dupont Drive Irvine, CA 92 M Gentlemen: Tie City Council of Huntington Beach, at its regular meeting held Monday, September 19, 1988 , approved the u v s or, Agreement or Tract o. 2822. We are enclosing herewith a duly executed copy for your files. Sincerely, &00� a"00-Y Connie Brockway City Clerk I CB: bt Enclosure i I I IT►Japhonv 714.536-SM) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 02648 OFFICE OF THE CITY CLERK • September 22, 1988 Chicago Title Insurance Co. 501 N. Main Street Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 128.2 This is to inform you that all fees have been paid and conditions met on the above names! tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. i Connie Brockway City Clerk CB:bt Enclosure �J Received Dated IT*kplwnc 714-536.5277) 1 NOTICE OF MPLET I Ott WITH CONDITIONS TRACTS AUTHOR i 7.AT I ON FOR RELEASE FOR Rf"CORDING 10: CITY CLERK D<,ir : ���•'.�/.r�' FROM: PU13LIC WORKS DEPARTMENT Bruce Crosby TRACT NO. � - DEVELOPER CONDITIONS: Deposit of fees for water, sewer, drainage, engineering and Inspection Bond for Improverrr3nt . . . . . . . . . . Signature of A(Ireeme;nf . . . . . . , . . Vor•1 i f icato of Inr,ur.rnc(r . . . . . . . . Bond for Molillmont . . . . . . . . . . 01Irrr i 1 i L, r Signature .....r—�..J.-..._... � .•. .......».....»-,_.�_._.........�,�....._ ;et.�'�...?ti:.' ... .. ... .i.;..... ..:....... .r.,....:.�7••.. ...—.. ..o..,.......e.:m!�,-.rxio.a�+e.+�a....-----•-•----,..w,.n' ; i J NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP i AUTHORIZATION FOR RELEASE FOR RECORDING Date �'�'� TO: City Clerk FROM: COMMUNITY DEVELOPMENT Douglas N. La Belle I TRACT NO. i PARCEL MAP NO. RECREATION do PARK FEES PAID Cd-�._l 4- OTHER MI -At 1 (9359J) r REQUEb r FOR CITY COUNCIL. ACTION �_ �� ° "`•-" Date _ September 19. 1998 Submitted to: Honorable Mayor and City Council ( APPROVED I3Y CITY couNCIL Submitted by: Paul Cook, City Administrators, _ ty-�-- �« Prepared by: Michael Adams, Acting Director, Commu i CITY CLLltK Subject. FINAL TRACT MAP 12822, BEING ALL OF TENTATIVE TRACT NO. j 12822, AND BONDS AND AGREEMENTS FOR TRACT 12822 Consistent with Council Policy? ( ) Ves ( ) New Policy or Exception nvllf Statement of Imus, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATWfil OF ISSUES i The final map of Tract No. 12822 being all of Tentative Tract No. 12822, located on the north side of Warner Avenue, 165 feet west of the centerline of Sims Street, has been submitted to the City Council for approval. Tentative Tract No. 12822 will expire on May 5, 1989. EMMKO&MR: 1. Approve the map pursuant to the -equired findings set forth in Section 66458 of the Government Code. 2. Approve the map subject to the finding that the map is iii substantial compliance with the previously approved tentative map pursuant to the mbndatory findings establish;:d by the Planning ,:ommission as set forth by Section 66474 of the Government Code. 3. Accept the offer of r'edicatio:+ and improvements subject to completion of requirements shown. 4 . Instruct the City Clerk to not affix her signature to the trap nor release it for preliminary processing by the County of orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the i Department of Public Wvrks prior to recordation of the { final map. No 5/85 r e. The Declaration of. Covanants, Conditions and Restrictions shall be reviewed and approved by the Department of. Community Davelopnient and approved as to form by the City A+!tor.ney prior to recordation of the final map. f. Thr. Park and Recreation fees shall by paid or a surety rasted in an amount equal to the in-lieu fees and approved a.; to form ty the City Attorney prior to recordation of the final map. 5. It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the se4ond to the subdivider. a. Faithful Performance Bond No. 1156201 lf� b. Labor and Material Bond No. 1156201 c. Monument Bond No. 1158000 d. Gurety Bond (Park and Recreation Fees) No. 1156214 MUM: : SUBDIVIDER: Fan Clemente Business Properties 2532 Dupont Drive Irvine, California 92715 ENGINEER: RMG Engineer_ng, Inc. Lawrence L. Gruman L. S. 5346 LOCATION: 4581 Warner Avenue (north side of Warner Avenue, 165 feet west of the centerline of Sims Street) I ACREAGE: 2.438 gross acres i LOTS: 1 NO. OF UNITS: 65 ZONE: R3 i GENERAL PLAN: Medium High Density Residential 15J SION: 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 Commission. RCA -- 9/19/88 -2- (1230d) I F1'I.YIRQN E19TAL STATUS On May 5, 1987, the Planning Commission approved Negative Declaration No. 86-48 for the project itself. FUNDING QUIT f;F: Not applicable. f 1 . Area map 2 . Subdivision Agreement 3 . Monument Band 4. Faithful Performance Bond 5. Labor and material Dond 6. Surety Bond (Park and Recreation Fees) u ' MGA:TR:kla f I I � i i , I 1 FICA - 9/19/88 - 3- (1230d) i I . . ... .. , 1 CF-E , I } Rz R2 "t•e2 CF.R ... R2 r RZ u► omit-a a%-t3 M` tM-GZ G�• .. 99 "Fcz YLV L RZ "t•� -cz R3 R2 1 R2 R2 R2 tRwt Rk-Q ¢ -Ct t yT !R wR-C2 ,,,-a N �,.c� R2 P,? i R �R2 R2 R2 R3 wlk cz C4-C2 Rk t2 K+-C2 + R3 r• r m ` }— — RFC2 f I S R3 M R3 R3 3 . R3 C2 ' u a p t it t s .M ti f I A S rry RI-ca RI-,C� R3 , i R3 R3 C4' FE R R3- ',y , W R-CZ waa, rr tV RI RFCZS R3w.rsrnonw. w t,'V •RI-CZ RFCZl �! R t-tz am aus t�strs tvu RFCZ ... RI-CZ _ " aAIER R3-CZ Rf-CZ RI -- AVE R1-C7. r,+ fTl;iszz J' ►w.wctow: ct+ ICU TINGTON MACH PLANNING MIS" SUBDIVISION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAN CLEMENTE BUSINESS PROPERTIES, INCH FOR. TRACT NO. 1 822 ! THIS AGREEMENT is ente;.ed into this day of 6V.&'r' , 1988, by and between CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY . :' and SAN CLEMENTE BUSINESS PROPERTIES, INC. , a California corporation, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide intolots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 1262', and As a condition of the approval of and prior to the recordation of said subdivision map, subdivider is required to improve and dedicate the streets, alleys, and to Perform certain other improvements in said subdivision, - nd SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work, to agree to perform said i work as herein provided, and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion anC acceptance thereof against arty defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Article 997 of CITY 's ordinance code. - 1 riow, THEREFORE, in consideration of thy: promises and agreements of the parties as herein set forth, the parties agree a.- follows: 1 . GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees, landscaping, etc. , sewers# including construction of main lines and lot laterals and strictures; street lights, street signs, construction of domestic water system including the construction of water mains, lot laterals and installation of meters; engineering crusts; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in acco_dance with pla.isI specifications and profiles which have been approved by the City Engineer and filea in the office of the City Engin-ier . All of work shall be done at the sole cost and expense of SUBDIVIDER, the acceptance of the dedication of said streets, alleys and other � improvements, and saia work shall be completed on or before two ( 2 ) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL. HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for Occupancy for any lot in the Tract . I - 2 - 3. GUARAMTEE SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of two (2 ) years following the date of amity Council acceptance of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997, upon execution hereof SUBDIVIDER shall deposit with the City 'Treasurer the sum of Fifty-Two Thousand Dollars ($52,000.00) as prescribed by KBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The depust : may be by corporate surety bond, cacti or other approved form of improvement security. 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 security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to p7ovide a substitute security at any tire. 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, (including its officers and employees) against ,loss, damage or expense by reason of any slits, claims, 3 - demands, judgments ud ments and causes of action arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties. 'rhe policy shall provide coverage in not less than the following amounts: Combined single limit bodily injury and/or property damage including products liability: $1,000,000 combines single limit per occurrence. Such policy shall provide coverage at leaut 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 conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. A certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by SUBDIVIDER. Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before each expiration or cancellation is effective. The certificate of insurance stall evidence the required additional insured endorsement, and is subject to approval as to form by the City Attorney . This agreement is void and of no effect until such approval is obtained frcm the City Attorney. 4 6. WORKERS' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, in regard to my workmen employed in the work to be i i performed hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, f actions, proceedings and judgments of every nature and description, including attorney 's fees and costs, presented, { 1 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 pursuant this agreement by any person or entity including CITY, ana shall provide to CITY evidence of i Wotkera ' Compensation Insurance satisfactory to the City Attorney. 7. INDEMNIFICATION AND HOLD HARMLESS SUBDIVIDER hereby agrees to defend, indemnify and hold harmless CITY, its officers, employees and servants from any and all loss, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the work or project, regardless; of the wilful misconduc�, sole negligence or concurrent active or passive negligence by CITY its officers, employees and servants and fron the sole negligence, concurrent negligence or misconduct negligence cf third parties . The legal defense required by this agreement shall be provided upon request I by CITY and at the sole expense of SUBDIVIDER. Any costs of defense or attorneys' fees incurred by CITY in enforcing this agreement shall be reimbursed to CITY or may be awarded to CITY by I a court of competent jurisdiction pursuant to paragraph 9 hereof. j 5 - I f R 8. PUBLIC WARNING AND PROTECTIO.J SUBDIVIDER shall at all times until acceptance by City Council of the improvements offered for dedication in said work or improvement by said Council , give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous c.onditione . That it is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of sa!d improvements not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract, and SUBDIVIDER may close all. or a portion of any street alley, sidewalk or right-of--way whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY. i PAGE END I ' i t r 4. ATTORNEYS ' FEES In the event suit is brought by CITY to enfnrce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable atlorney 's Fee, to be fixed by the court, shall be paid by SUBDIVIDER. 1N WITNESS WHEREOF, the parties hereto have executed this agreement the Cay and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH, SAN CLEMENTE BUSINESS PROPERTIES, a municipal corporation of a California corporation the State of California J "Polen, en;.ox Vice ret�idc'nt 41 L. Robina Hunting, secretary ATTEST: AP AS TO FORM: city CITER C&i t Y. �ri�e� REVIEWED AND APPROVED: INITIATED A APPROVED: � I i City Adainistrator Director of Put u lic Works be 7 �- ,I —Certificate of Insurance The *tionwlde Insuiaxs, Company Indicated bolcw romiiiss that the insurance offordtd by the policy or polities numbered and • de:cribod below Is In force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, i or otherwise alter the Torms and Conditions of la warxo coverap contojnrd in onr policy or policies numbered and describod below. gr(;F_NEU JiPO i Certificate Holder's flame and Addron, tnrww's Nona NW Atonal '" CITY OF HUNTINGTON BEACH � COULTRUP CONSTRUCTION, INC. Department of Building b Safety 3127 East South Street, FS P. 0. Box 711 Long Beach, CA 90805 2000 Main Street Huntington leach, CA 92648 bISCRIpYIdE SCHEDULE POLICY POLICY 4 - TYP!OF IFISUIIAKII POUCIF NUMBER AND IFFICTIYI 11FINATION LIMITS OF LIABILITY ISSUING COMPANY OATI OAT[ GENERAL LIABILITY General P NWM . Operations LIMITS AT INCEPTION Aggrsqote ;1,000,000 Pr. Comp. Op. Apyp.;1,000,000 91 Owatatiora Campwtmd Each Ociamence $1,000,000 A*�rg Injury 73 PR 005376-5004 9/27/87 9,127/88 Or WW yonlmtine o sari or $1,000,000 � me" Experno Any One Person $ 5,000 e) Fire Dw"ps Leo Any One Fire ; 50,000 ❑ Other Uablitty AUTOMOMLE LIABILITY GAIT. HUTTON, City Att ey Bodily Injury OCCURRENCE 10 Comprwwwve Arm By: Deputy City Attor , y (Erich Person) 0 QW*d Bodily Injury (Each Accident) 93 Hired Prowty Domope R) Non-Owned 73 BA 005276-0001 9/27/87 9/27/88 Bodily Injury and Property $1,000,000 Camrbined i I EXCESS 1;A81lITY Bodily Injury and Occ. $1,000,000 Umbrella Fo+m 73 CU 005276-0003 9/27/87 9/27/88 Propor dDamage At10.$1,000:000 CombiWorkers' Compensation STATUTORY LIMITS 1 nnd Bodily Injury Ecch Accident Accident D Employers' Llobiilty Bodily Injury Policy Limit Disease ily Injury hd+e�arw _ by Disease ,«,sun...A Iwse ear to hosrift rriwrM X. Description of Operations/Locations/ Should any of the above described policies be cancelled Vehicles/Restrictions/Speciol Items before the expiration date thereon, the insurance company will mail 10 days written notice to the above named Certificate i Holder. NATIONWIDE MUTUAL iNJURANCI COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY WATIONWiD1 PROPIRTT AND CASUALTY INSURANC: C'%MPANY .�� Columbus, Ohio 6/2/Ce '�. r , �,C • STATE P.O. BOX B07,SAN FRANCISCO,CALIFORNIA 84 104-0807 COtNPIMSAY10M ttwwuna►niCat FUND i iRTIFICATE OF lRORKERS' COMPENSAYION INSURANCE July Z2, 1986 POLICY NUMt3En. 44 #4631-87 EATIFICATE EXPIRES 10-1-88 r City of tiuncington Dench P.O. Box. 190 Huntington Reach, CA 90255 L This is to certify that we have issued a valid Werkers' Compensation insurance policy in a fo•m approved by the California InwranCe Commissioner to the employer named Wow for the policy period ind'catrr.. This policy is not subject to eancellPtion by the Fund except upon ten days'r.Jvance writWn notica to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. I This certificate of insurance is not :n insurance policy and does not amend. nxtend or alter the coverap afforded by the policies listed herein. Notwithstanding any requirtment, term, or condition of any cintract or other document with rtspoct to which this certifit.ate of insurance may be issued or may pertain, the insurance tofforded by the policies dwribrd herein is subject to all the terms,exclusions and conditions of such policies. PAE3IDENT � I y� t I EMPLOYEk r- Coultrup Construction Inc. 3127 South Street bll Long Beach, CA 90805 I f_ SCIP 10262(REV.10•961 OLD ZaxA PUBLIC WORKS ;9RMIT NO. Jam' INDEMNIFICATION FORM In consideration of Public Works Permit No. , _-eceipt of which is hereby acknowledged, `,SAN Q�LtIEUTV HL,zTk_ PPOPERTIFS , (hereinafter "PERMITEE") hereby agrees to protect , defend, indemnify and hold and save harmless the CITY OF HUNTINGTON BEACH, ( hereinafter "CITA" ) its officers, and employees against any and all liability, claims, judgments, costs P;id demands, however caused, including those resulting from I death or injury to PERM,ITEE 'S employees and damage to property; f i Arising directly or indirecrl} out of the operations conducted i under said Public Works Permit by PERMITEE, incluuing those arising from the passive or active concurrent negligence of CITY , its officers or employees or of the negligence of third paiLies, but save and except those which arise out of the sole negligence, or the sole willful misconduct of CITY . To the extent of its duty to indemnify City, its officers and employees , PERMI'TEE wiI1 conduct all defense: at its sole cost anu expense . Any costs of defense or attorney 's fees incurred by CITY in enforci,^.g this obligation will be reimbursed to CITN by PERMITEE or may be awarded to CITY by a court of competent jurisdiction as, costs pursuant to California Coue of Civil Procedure S 1021 . PERMITF.E: SAN CI,EP1ENT'F I)USINESS PROMTIIS, A California Corporation BY : 'Title: Senior Vice President Jolt El: , ,`' -Title: Secretary . KK014MI Rusting If a Corporation, TWO OFFICERS must sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation , 4