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HomeMy WebLinkAboutFinal Tract Map 12900 - All of TT 12900 - Mola Development C 1 " REQUES FOR CITY COUNCIL ACTION Date Septertber 17, 1990 .._. Submitted to: Honorable Mayor and City Council Submitted by: Michael T. UberuaE.a, City Administrator Prepared by: APPROVED BY CITY C.OUNC Pr �ouls F. Sandoval, Director of Pubic Works Subject: NOTICE OF COMPLETION TRACT NO. 12900tITY , .. IL Consistent with Council Policy? kyes ( ) New Policy or Exception f Statement of Issue, Recommendation,Analysis, Fundinq Source,Alternative Actions,Attachments: i i 519TEbfE T QF 15=: Mold Development has completed all street improvements for Tract 12900 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. ,RF.CO14MENDATIN: () 1. Accept the Improvements dedicated for public use. 2. Release the Faithful Performance Bond # 9686105 ✓ 3. Relearoa the Monument Bond #9606115 4. Accept guarantee and warranty bond number 2044295. S. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. Subdivider: Mola Development/City of Huntington Beach Redevelopment Agency Engineer: Walden d: Associates Location: North of Orange Street between realigned 6th Street and Main Street Lots: 17 Acreage: 4.947 Zone: Downtown Specific Plan - District 6 (Commercial - Office -- Residential) BT]'ACHM - : Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file In the Department of Public Works. MTU-LFS:ASB:dw 2513g/10 lj i {I f No B/d'5 1 L•ANNIW ZONING r"`' DM 12 1 • SLECTIONA ! DISTRICT MAP ( •.:.•rl. 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V.r�NN 1 i bcr a ,,z-!:: 204429S — Prcrd= $306.00 � 3F3G5"`"53 i GUARA.*.'EE AND UARRA NTY 5OMU 'r;I:ETiEAS, _HOLA OEVEIOPMcfii RPQPATtn11 a Principal, and _ UEVCIOPER ? rr rOHPANy corporation orgarizod under the laws of thi-, State of CALIF. and duly au_norized to do business in the State of California, as are held and firmly bound unto the ciTY or FL;!;TI:;GTON BEAM California, as Obligeo, in the penal sum of FIFTEEN THOUSAND THREE HUNG D b NO/1002 ' ' Y s ' . a =(S15,30 oL_ representing 10 Fercent of the contract price entered into between the Principal and C-Sliaee, to which paysent wall and truly to be made we do bird ourselves, our and each of oar heirs, executors, ad.ninistrators, succesrr):s and i assigns jointly and saveraI ly, WR5RFi,S, the said Principal entered into a contract with said Oaligoe, dated OCTOBER 24, 1988 for work described as follows: water, sewer, sto m drain, street lights, grading, curb A gutter and paving improvements at Tract 12900. ►;1:EKEAS, said contract provid•_a that the Principal c;}.11 furnish s band conditioned to guarantee and warrant for the period of one year alter completion of the work and acceptance thereof by the y Obliqcc, against all defects in workmanship And materials during said an4 year period. f IMEREAS, said work has been completed, and accepted by Obligee on September_ 4, 1990 NOW, THEREFORE, the Principal and Su ety, jointly and severally stall inde;cnify the Obligee for all loss that the Obligee ' ray sustain by reason of any defective materials or workmarcilip which f beet-e apparant during tt:e period of one year from and after date of cc. plotion of work and acceptance thereof by Oblieee. SIGNED this 11th day of AUGUST , 19 90 Si;natures shall be notari:ed. Auttorized representatives shall ba rresident and vice president or attorney-in-fact owner. KOLA DEVELOPMENT CORPORATION PRINCIPAL 0UNE:) AS TO FORM: .AIL huno CITY ATT a�•; W - "AJIh�Ft'1"ZE�"r�F.1:a ...i,,.rJ:------- i J--11ty CYty Attornor _. j1rlr:nGCRc reel Nr.� r04PA?IY . SURETY AL"t C:*- 're r'.��preseatati•:e ALFREO F. BANE, ATTORNEY IN FACT i i I POWER OF ATTORNEY OF r �0 0� 85 iNDEMNITY COMPANY OF CALIFOHNIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 3343,ANAHEIt.1,CALIF.92803 a it 14)999•:.71 NOTICE 1. All power and outror,ty h•run gfanted sr art in any c•trM ietm,rate en Itiu 31st day C1 UucrmLcf, 19,J ? This Power cf Af:ct-•ry,s.o d if it-feleJ ct f any port c,n ,S erdsr•d 3 This Power of At!:)wey,s vu d 11w 5.,,.1.S red131_+e,tro 1.1.1„,r Lruwn in.,if.•:ri•,.i! r..,.drr• ! ,n. .""I It, rr This POwef,f Al:jrr.ey snu.,+d w,t C•1 I%:, r.ed 10 Iry Atlott rry+S),Ir.Fjcf.t-,I r.•m,-,.q a{r•.rn.,•,•,t I•,,tt pf!:...r,bl y,.., •,... J1 KNOW ALL MEN DY 11HESE PRESENTS.that.except as expressly I;m'ted,INDEMNITY COMPANY OF CALIFOANIA and DEVELOPERS INSURANCE COMPANY,do ear Severally,Gut not jointly,hereby make.Constitute and appoint ""PATRICIA Nil. WHITE, ALFRED F. BANE, MAX E. KALDENBERG, JOINTLY OR SEVERALLY"' the true and lawful Attornoy(s)•rn•Fact,to make,e.eculs.detivef and a:knonvledge.for and on Canals of each of said crrp,.s!+ons as surol'os.L•onos undaflakings and CMIOCia W s•ifetylhip In in amount riot exceeding$1.500,0001n an,single undertaking,giving and grant-rig unto said Atlorneyls)in-Fact fun powot rind uup,onir to du 1nJ to parfurm urury if, necessary,re•Tuisg7or proper wtoclone In connection Innt,w in as aDchof Said cot pora!torscould do,bu!reser.;ng to each pl said corpuror0r,s 1„n power ail sultsbluUun n•d rurue•• Con; and all of the acts of sued Aticinay(s)•in•Foci,purNant to these presents,are hereby ral+hed and conhrm.,d Thr suirwity and pears rordarred by this Power 0 Attorney do nct extend to any cf the foilow+ng bones.unJarl36'njs of cut'trdcts of suruffio P Bank depOsaury bonds,mortgage dsflusncy bondl,rnortga,s guersrflee bonds qusranteal cif irslsllmenl paper,note g:,aranlue bi cdt,ponds Wt Lnmdal tnsldulionf.,St bonds,Insurance Company qualifying bonds.So0-Inayfef'S bondl,1 dallty bends or bs;f bonds 70if Power of Atiornoy14 g'anted and Is Signed bytacs,m,le undo arid by authority Cline following rasoluaunk+tdorled by tt.efssp,.cl.eDvaidscf p.ractors of INDEMNITY COMPA' OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY.alfect:va is of Sopterriber 24,1986 RESOLVED,that the Chairman of lne Board,the Pral,dant and any Vice President of the cotporauon be,and trial each of thorn hereby•..authorized to$&acute POwar/of 0 ttdrnu qualifying t'`eattorneyls)oar/'sdIntryPowellofAnorrieyfdexeCule.dob/h/ifoftheCorporation,bonds.undarta►ingsandcontractsofsuruyshp.and thatZhuSe olaryo.anyAssis Ianl Secretary of trio corpofatwn be,and eacn of vwn hereby Is,aythorlyed t0 attest the @40ruhgn of any such Powet of Allointly, RESOLVED,FURTHER,that the Signatures of Such off4e.1 may be attlsej to any such Power of Attorney or loony ca:t,hcate relating Ihlrelo by facsim,le.and any such Power of Ailgt hey or cefllhcate 0"fing eudn fece!mlle algnatufes shall be tralld and bindiftg upgn tM corporation when so affixed and In the future won respect to any bond,undertaking of Contract 0, evretyehip to whlch It IS attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVtlO►EMS iNIURANCIF COMPANY haveserer$lr,.csused theae yrrsenla to be signed Cy I ne)r reap+r. tivn President$and aneSled by their respective Secrelar,as this 2nd day of January.1220 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COSs^f•NY 6� cam. /! :w. _ Gerald A.Souvagesu,Pre (dent +s Dev Gefsll A.Sauvageau./'TasiCenl twque a ATTEST ? ' T'� ♦n ATTEST ° lit flat n i ill$ �� s y yr a say S• r � °�v!!�+`�vtS {limy C.' Inwel!,Sectofary Italy .C10.oil,r A11111 J: A `I'U t*QlUd; GAIL IfUTTCIJ CIT AT EY STATE OF CALIFORNIA) ByTNN ! 9S. COUNTY OF ORANUE ) D©puty C 3 Attorn On January 2,tQ20,before me,ins undersigned,a Notary Public in and for w'd State,personally appeared Gowd A.Sauvagoau end Hairy C Crowed,personally Ixnovvn t the(of proved tome on trio basis cf saualacinryaxlion")to be the pet sons woo @aocutad!ne.rnn,n lc$Irumenf a President ang 5•cretary on be"I cf IndemnifyCompony of Call!ern;. and as President and$eCtatary,on behatl of Deveippers insurance Company.ine Corporalions Ihtre,n named,and scknowfedgmd to me that the Corporations executed It WITNESS fny herd and ofticial Ces!. a OFFICIA;MAL BI nalu?o ' ."`e` '1 .y..Aw- VIRGINIA M. LOUMAN 0 NOTARY PUBLIC•CALIFOITNIA Notary PuCpo 1''RINCIPAL OFF!GE IN ORANGE COUNIY My Comm.S4.1 rip A w,9, 1933 CERTIFICATE The undersigneo,Os V;ce President of INOEMI:ITY COMPANY OF CALIFORNIA.arks ViC7 President CI DEVELOPERS INSURANCE COMPANY,does Iteivuy certify trial the foregoing and anached Power of Al•.;me y fanls.na In lull Softie slid has not Teen revoked;and IyflhermCre,trial the pru.4'ors of the ros0!uticns cf In)respective 13%ards of OlreCfOro Of gild CdrporaGons eel forth In the Power of Attorney,aye In force as of the data of this Certihcatf this CSr1111:ate Is exeruted In the City of Araneim,Ca'r•m:a,tnla 14thday cf August tD90. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY .�,1Y �to$U'r♦� eCT A p o Oy '` �+eu171. p L.G.F!eblge� aril `f e L. .FIB Qer s Ilts Senior Vice President s 0,02, a`r Senior vice Pres:dt,nt yes+��rr IaaloR�v.ttreg ' I I �I I I • L,J,Y-3 v-.:-,E.'r 204 �.w t?re%:Ll= f 306.00_ Pa;c.-- '-':our 03335; , GUAMITEE A,;D WAFtRAMTY BOND WF:I:REAS, _ MOLD_ DEVELOW I CnPPORATTO'1 ' a6 a Principal, and DEV P R5,11Ja Pa►t ty a corporation organized under the laws of the State of ,,,, CALIF. and duly authorized to do business in the State of California, as Surety, atr held and firmly bound unto the CITY 0i HUt.TINGTO:t BEACH, California, as Obligso, in the penal s�:r.� of FIFTEEN THOUSAND THREE HUNDRED &NOl1ro. . . . . . . . . f�S15.3o0.001s , , representing 10 pe:cent of the contract price entered into between the Principal and Obligee, t') which payttent well and truly ':o be made, we Lo bind ourselves, our ar.: each of ou.r t+al.rs, cgecutors, administrators, succostsors and assigns jointly and severally, WHEAEF.S, the said Principal entered into a contract with. said Obligee, dated OCTOBER 24, 1988 for work described as Sollowsr water, sewer, storm drain, street lights, grading, curb 6 gutter end paving irp rovenents at Tract 12900. WHEREAS, said contract provides that the Principal will furnish a bond conditioned .o guarantee and warrant for the period of one year after completion of the work and acceptance thersoC by tho Oblique, against all defects in workmanship and materials during Laid one ,year period. WHEAEI►S, Wd work has bean coanplated, and aeoeptvd by Obligee an _ 5.ptamber 4_1990 NOW, THERETOAZ, the Principal' and Surety, Sointly and severally shall indemnify the Obligee for all loss that the obligeo tray sustain by reason of any defective materials or werkmanship which bOC=6 apparent during tht isriod of one year front and sitar data of ccmpletion c,: work and acceptance thereof by Obligee. SIGNED this ���^ day of AUGUST 19 90 _ S!Tnatures shall be notarized. Authorized repro?Agntatives � shall bs president and vice president or attorney-in-fact owr._r. i MOLA DEVELOPMENT CORPORATION PRINCIPAL s Tr, riTn'.1,'S'I. .—M -r7 z— - �er�nr•FDc t►2ciroenrr rn�eagY • 5UFi1:TY By A,-t rr..e epresentati•.•e ALF.;ED F. CANE, AITORNE7 IN FACT POWER OF ATTORNEY OF r .' -� N0 053853 IN NINITY COMPANY OF CALIFOF k AND DEVELOPERS INSURANCE COMPANY • P.O.BOX 3343,ANAFiEIM,CALIF,92603 s (714)g3S-1471 110TICE 1. All poser fund author-',r,�re n Crar.!r 1 shall m any r t!,,r'•n•h' t,r d ty u,[A rl.i t•,, 1G, 1. 7his Puffer M All-ore, s vr, t.1..''re, t••,,f in,1, 11 ! 3 This F'6nPr Pt A!t Nrr q,r,,. . ... ;1'11 e,rr-e.!er,.. a, e t.',. tr ... ,, h•.t u 4 This Poffrr of Ant"... ..,.':n.,f Le fa4wnrd bi if o hh.e ,.•.i ir, f e ,,-l n... KNOW ALL MEN BY THESE PRESENTS,that,eAcept as e■ptonsly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do eaC'r tev,raily,but nol Jointly,hereby make,constitute and appoint "'PATRICIA M. WHITE, ALFRED F. BANE, MAX E. KALDENBERG, JOINTLY OR SEVERALLY*** the true And tae.ful Altorneyl s)-in.Fact.to ma.],execute,deliver AI„ nknowlodge,lot and on behalf of ea.h tit said corporations as suretiea,bonds,undertakings and contracts of surtlyshlp In an amount not exceeding 11.500.000In any single underW.ing,giveag and g,antmg unto said Allot ne)(s)•'n•Fact fu" nwer and authority to do and to pelf0m every Act necessary,requisite or picper to be dore in connectirn Ihorewilh as each of said corpora}c ns could do.but reserving to ea:h of s,s-d coiporatjons full power of substitution and revoca- tion; and all of the acts of said Atlo•ne,Qs1•In Facer.pursuant to these presents.are HereL•y reclied and conhr,ned The authority And powets eunlefred by this Power Of Attorney do ncl extend le any of tee(oiloweng bonds,unaerld►ergs of contracts of surerysh,ri Sank"pos-fory bcndl,mortgage delea!eney bonds,mortgage guarantee bands guarantees of instaHmen1 paper.note guarantee bonds.bonds on finan6tal Institutions,lease bonds.InsurAnce tLmpeny pwalef)ing Londe,sell-insurer's t,onds•lediedy,bonds at bail bonds This Po+verofAttorney11 granted and issignet•byfim. mda under and byauthoritir of Ihel.iio#,,nq lesclul.ons Adopted Boards at Ditectolsol INDEMNITY COMPANY DP CALIFORNIA and OEVL'LOPEMS INSURANCE COMPANY,efft;cv.a as of SPalemr er 14, 1986 RESOLVEU,thal the Chairman at the Board,the Prosir'ent and any Vice President of it :orporateon be,:snd that eaCn or them hereby Is,■lllMOtilOd to execute Powers of Attorney, qualifying the altorrley(a)named In lne Powers of AflOfney t0 execute.on behalf of trio cc,porauon,bonds.a^dettakings and contracts of suretyslip,and that the Secretary or any AsesA- t last Secretary of the corporation be.And each of them hataby is.authottled to altost Ire eiecut,an of any such IW«c:of Atlotney, ! RESOLVED.FURTHER,lhatthesignatures of such officers may beaffixej toary Such Focf clAtlotrity of(a any certificate(olat.rig thatfitil,by fammile,and any such flovive,of Affair- r4yof certificate bearing such lsasim4o signatures shall be Valid Ana binding upon the cuipotation whon 60 Aflued and in me future with respect to any tt^d.uneeftaking or contract of i suretyship to which it Is attached. INWITNE.4S WHEREOF.INDEMNITY COMPANY OFCALIPORNIA And DEVELOPERS INSURANCE COMPANY have severally caused these prowls tobesiyn '► their respoo- five PrM►danls and attested by thew rrlapKi ve Societariee this 2e R day of January,1990 i INDEMNITY COMPANY OF CALIFORNIA 09YKLCPVRS INSURANCE COMPANY COMPANY ay Oc Olt_ Ovald A.5auvagoau,PreEtdent Pahr Get Ald A Sauvagtau,I{fesidifnt wsu h �4�y►►Oe4�i�n Y4o►i0a�f c. S, r W NAa ATTEST a tsar ATTEST s 1111 -VAq,— tress` T•• Vr ■•`F++ By �_ [Iy___ ----- J� - -- -- Harry C.' rt7wtrl,Secretary, ll,Secretary APPROVED AS TO FORK: GAIL HUTTON CITY ATT STATE OF CALIFORNIA I 55. By: COUNTY OF 04Ai1GE I D©patty City Art ❑ On January 2,1990,be Ora me,the undersigned.a Notary Public In and for said Sate,personally appe■red Gerald A.Ssuvsgesu and harry C.Crowell,personally knows to me(of proved tome on the a6911 of sablifaclory evidencel to be the persons who executed the enrich Instrument■a President and Secretary On behalf of Indemnity Company of California 1 ant:as President and Secretary on Wait of Developers Insurance Company,the Corao•ahons therein named,and acknowiedged to me trial the corporst!ons atoculed it. WITNES i my hand.and official seal OFFkdAL SEAL 81g•talurtr "// NoultGIrl1 oc-cull mNNiA Notary Public. .`�� PlifiIvt1PAL OFFICE IN ORANGE COUNTY i MT caa iihissim flip.Apt.!, 1"] i i CERTIFICATE i i This undersigned,as Vice Presiden!of INDEMNITY COMPANY OF CALIFORNIA,and Vice Presldert of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Pourer of Attorrev remains In twit force and has not born revoked,and fuithermotu,that the provisions of the resolutions of the respeCtive Boards of DirWore 1 Of sold Corpora,i^na Apt tariff In Ilia Palter or Attorney,art In force as of the data of this Certificate. This Ctnif"le Is sseeuled In the City of Anshe:m,Celilomia,this. 14t day of AU9y S t ,,i90. INDEMNITY COMPANY Of CALIFORNIA DEVELOPERS INSURANCE COMPANY l �rar. NaUA, �oc9a io wa pare ,. EyjV L.C.Fitb' tr IICI ` a L.C.FIrbiSer IIl1 a° .ntMor V{e Presieml { r a+`4x+ Sen.ar Vice PrMlder t • rr s``}e ID-310 REV.1239 CITY OF HUNT!1" G TON BEA,CK 2000 MAIN STREET CALIFORNIA 921348 OFFICE OF THE CITY CLERK October 27, 1988 Orange Coast Title 640 N. Tustin Ave. Santa Ana, CA 92705 Attention: Subdivision Officer RE: Tract Map No. 12900 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Man to Bruce j Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk , CB:bt Enclosure Received by �.i_ Dated (T,I,phonc 114-536-5227) i 1 NOTICE OF 11AIPLETION WITH CONDITIONS 04TRACTS AUTHORIZATION FOR RELEASE FOR RECJRDING TO: CITY CLERK DATE : f ROM: PURL IC WORKS ICI PARTMI-fli Bruce Crostly TRACT N O.IZ'jC),) I) V E.I.O P E:R CONDITIONS : _ Date Dapu, it of fcles for water , ,ewer, dra i n;rgr;, enrt i near- i ny .snit inspection Bono for improvemient . . . . . . . . . . Sign.a#ure of Agrerment . . . . . . . . Corti f icato of Insurimce . . . . . . . Bono! for Monument!. . . . . . . . . . . Labor d Material F3anr1 Other: i . ��'.:.••#4:w.•.• •• YMVFcP74M.MVIIQl � i I NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING i Date TO: City Clerk fiFROM: CO,MMU KlUj2EYELOPMENT TRACT NO. PARCEL MAP NO. RECREATION do PARK FEES PAID t OTHER �. I� Die F 1 i I l (9358d) CITY OF HUNTII''1 GT'ON E3FACH.. CALIFORNIA 92648 2000 MAIN STREET OFFICE OF THE:CITY CLERK i October 25, 1988 i 1 . Mola Development Corp 17011 Beach Blvd. , Suite 1500 Huntington Beach, CA 92647 gentlemen: Subdivision Officer ington Beach, at its regular The City Council of Hunt meet.ng held October 24 1988 approved the f,-,52 iv slon greement or ract o. QQ We are enclosing herewith a duly executed copy for your files. 1 Sincerely, 4WX4 Connie Brockway City Clerk CB. bt Enclosure i eltphon.:714r3"227) 1 REQUEbT OIL CITY COUNCIL ACTION 1 7 Date ,�l:stbe r 2 4. 19 8 8 Submitted to: Yonorable Mayor and City Council Submitted by: Paul Cook, City AdministratoTrr—'—' Prepared by: Mike C. Adams, Acting Director, Community Development "•- Subject: FINAL TRACT MAP 12900, BEING ALL OF TENTATIVE TRACT NO. 12900, AND BONDS AND AGREEMENTS FOR TRACT 12900 Arr3t0v1;D 1 y CITY COUNCIL lContistent with Council Policy? ( ) Yea ( ) New Policy or xception Statement of issue, Recommendation,Analysis, Funding Source,Al rnative Actions,Attachments: $rz6" _CITY CLEkK �TATEIIRMNT �3.ftS�� � 19t t' The final map of Tract No. 12900 being all of Tentative Tract No. 12900, located north of Orange Street between realigned Sixth Street and Main Street, has been submitted to the City Council for approval. Tentative Tract No. 12900 will expire on June 2, 1990. BE�Q!'Ik�xIQ�: 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 improvements subject to �I completion of requirements shown. 4 . Instruct the City Clerk to not affix: her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drains?e, engineering and inspeetiolts shall be provided; b. A certificate of Insurance shall bra submitted; i C. Subdivision Agreement; + d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the i final map. y 1 Pf 0 6/a3 e. The Declaration of Covenants, Conditions by the D � and Restrictions shall be reviewed and approved as to form by the City nt of Community Development and approved Attorney prior to recordation cf the final map. f. The Park and Recreation fetes shall be paid or a surety posted posted in an amount equal to the in-lieu fees and lapproon of the as to form by the City Attorney prior 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 recommendP,'' that the City Council accept the subdivision agreements ana instruct the City Clerk to File one copy and return the second to tale subdivider. a. Faithful Performance Bond No. 9686135 b. Labor and Material Bond No. 96a6105 lip� �. c. Monument Bond No. 9606115 / d. park fi Recreation Fees Surety Bond Na. 9687065 1 SUBDIVIDER: Mole Development/City of Huntington Beach Redevelopment Agency ENGINEER: Walden & ASSociates David L. Walden, K.C.E. 19402 LOCATION: North of orange Street between realigned Sixth Street and Main Street i ACREAGE: 4.947 LOTS: 17 lots & A-F NO. OF UNITS: 89 ZONE: Downtown Spedific Plan - District 6 (Commercial-Office-Residential) GENERAL PLAN: Mixed Use 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. -2- (1436d) RCA - 10/24/88 I i Tract Map No. 12900 consolidates Block 102 and portions of Blocks 404, 405, and 505 of the Huntington Beach Tract, Main Street- Section into 17 lots for condominiums and townhcme purposes as part of the Town Square Project. Additionally, this map realigns Sixth Street In r.ucordance with Precise Plan on; Street Alignnent No. 86-1 and vacctes a portion of Fifth Street. This action to accept Final Map No. 1Z900 is exempt from environmental review because it is in conformance with the Downtown Specific Plan Environmental Report, pursuant to Section. 15182 of the California Environmental Quality Act. Not applicable. 1. Area map 2. Subdivision Agreement 3. Monument Bond 4. Faithful Performance Bond 5. Labor and Material Bond 6. Park and Recreation Fees Surety Bond MA:TR:gbm I i�ti I' RCA - 1.0/24,'88 -3_ (1936d) � \, ,f `� ,�' ;f`;; '% i" /j,••��, �`'\'e; ,t��>,:1:.�; ��� �( i �` r T�Ofj1 ► g i+R3��r.3 m c k '- ::/ �' �'' fr•lam.•' � ' � � ' " .:`..� �,J ��' � 1� �~"� �`r`i � f—`��� i k < -co LL-1 focol EJ U— LZIAP Q � ^Cf ��?r�rl ` ;'"� '�s`�..'%' :� � 1�J' r*• �(n �Ir rr ._ _ } i �ff�� ,� ±J Ell MHL�(�-FF2 t' " LLD�.� �/�•i w / T�[�1 T 7I�� 1? i i��rr,Y—..,' � r��:4'�,�j�:- �. -;��rv(, �� / 1;tE•�Z..-1 I� !{ I {tt1�--•�+� i�:.�•r� iN VI' -f 1� Q I:r_y_;'={_^'•.t �rt�%�'t: �t.�c.c�*.r 1 .> iV J_\� / S i.T-a rw`[_:iL•�.' iw 2•c'?.'CIS .".. ' �!A J.w}•. `•'I .y \�t'i ,t 'r�!/• ' /! ;a+��v+r+ 1 R--PDCi In —' •PO•C: //+ �' "•�'r'!,[P� J,�t'`Mo 4►�.. I'r-c; I� * / j l..ar .• k2YT': r/ /�'` .tM C�l4�� )) 1, [Y`�!.•:t�tRY �LY.Ze1:e':•.V^ ` ��e ':-�(c+r�;er.l.!t - - .. _, / �n `v (.\. f ��f • fs•vci4=fa112 /f'/ (7- i;a'\','r-•�%.yt_• P.2•i'�•CI`F�2 •,� ,may A ti�� . •O I�, / G j{ a...,,r, .�' eb .. ' / I(,o- /�' � .t�, (:Sr �"�lC, �I •mow. .� •r.r ~✓ /+' .. •''s. �•yVr[t��'j%�^'� %/, ��.t:• �_ i P;ipt`-*. 'r^. R.'�fi2j�77 Y FIT IZSQO rr:a.rt,tcrvr a,tc+t HU►iTW TCN MACH PLANNIFp DIVISION I I y-:-W i v ;,. •^r.•:.n;.,,.... _ ,.r,1,77, yl�r• p. v Ter �" 1. ,E 'w;{i 1C ,�y y.a ;.. 1A+1•d''. R! ., `P �s41 ;igRsl1+a t'.• 7U�t:rT � TN1,C01IIFIC.•,1E. Iti ISSUED AS 1.MATTER GF IhfOriMATiOFi Ll1LY AND COf.FEF1S ��t� F!C FIGm!S Uf'U'1 THE CERTIFICATE HCLOLR THIS CEF11'IFICATE OCES NOT AMEND, ,I I CIASW IFS. Opr. ID SC } EX T'_''.;:OQ ALTCR Tt•E:COVF.FIAC.E AFFORDCU UY THC FCILICIES BELO."/ 17011 KACH ILYD.,12TH FL MWTiNS11I1 6G-I to 92647 COMPANIES AFFORDING COVERAGE A Cifa t CAFPiitY - - - - - '- INWR1AL IM5iJAOU OF IIaAII MIA DEWILPMfT GZIRAMTIa! 17011 6EAGt1 ILVD., 15TH FiMN " O F[Nk11AN6 Fft H V I16Tal KFU CA 92647 E .�>• A ..��`.f�w., 9rQg:,-�,•. -+-;k:t:.•;}�....'•1'Y�,t�^����!r�tua(�•�,� tf• . ,r 'ate ' YN'M��:»jY1ldY1 `aYF..,.JfF..'bS:��Ys�i:.1�NY�i�."u /Y:'Lri:e'4lrYw�.t1L �;•'} mk THIS IS TOCF.i111FY T►lAT POLICIES OF I1.SUF1A'tCE U51EU DEL 06 MALE.DLEN IS,UED TO 11iE P,SUREp trAMEL'AUOU 1 QR THr POLICY,E11:00 OdMCATCO, NOTIoWHSTANDu1G ANY nLQU.P,-.M I.T. TEAM OnCOIX111i'1O�A11Y r.0107PACT oh Or'yin D;:Uf,'!Nf Y,ITrI FtF.;;F'CC1 TO V.mCr:T1::'.LEFMr"ICATL MAY BE ISSUED Ofl MAY PY.M.0 N, THE INSUf1A/tCE AFFOP:.LD PY 1ttE 11OUCIU;C:.SCF1 JCG"rEF1Ci•:::i SUBJECT Tij ALL THE TEit JS :.'1.U5.C?I!;.AND CON01 TIONS Or SUCH POLICIES r0 t W. .' .i., :I. LIV,7SINTHOUSAIPX:i -- 0ENERAL LIABILITY A X i �,.' nls c700H 07/01/88 !07/01/99 is 1000 s low AUTOMOOILE LIABILITY A z` DI%07W6 !07/01/88 07/01/89 s low EXCESSLIR17.LITY ` i 1 r. .• ' ",.., ' 0 .t_-1 47/011M 0/01189 �1 ow 5 4m WOSKEPC alto ' 217H'ilrOMM :10/17/67 110/17/86 S, 20100 EMPLOYrnj'UAIII. ~ — �` CE5CI1:.'Tlp'r C%9%'EIlAr p'.SrICY aT .> .'•.CLE:,!PE la r,, THE M(TIFICATE MAR 15 Won PS AN ADDITIMoL IIi#NlED, BItT MY f:: i ' ' •: ' 46 ff.8 MS 70 WAATIW IAA ING BY THE US IWJWD. Yi rZi ail SHOULD AN+01 'HE AJOVE CESCFr`L'EO.OL:C!CS U L11.1.LLLEO UEFOPE TIM EX CITY ff N!I INSTON KKH PIRAYION DATE T.tEr,EOF. TILE iS5UmG COMPANY WILL tf9[4fd 1t.VX IrA.L 3D DAi:. V.RtTTEN fi0tICC To TIS Cr;mF1CATE ttOL.CEn I4AYED TO ?PIE 2900 l61tM 5TAEET L.^.F T l txllF 7E' 'X�►'k A"A'>:R'Si!It fC'�iTX7t�frhC'K�i J4'k"7ER 110E 1�itt70'f(T VX)MX MXT1M6'TaN IEAaT CA 42ttJ7 _�carncxx.m.Tx,x�x�uxt+rx�rKR'x"�!�t�r�'x1�>+ar�;ar�+c�t�at.ft!i����x_>4. M. 1 APPI Gh1L ii(;";TD:i BOND 140. 968706S CITE ii4I11ir�Y PREMIUM (� . 2,425.00 ,. $� lttor:tf;., SUR!'TY BOND C+ :I PARK AND RECREATION ! 1 y KNOWN ALL MEN BY THEEis PRESENTS : That we MOI.A DEVELOPMENT CORPORATION as Principal, and DEVELOPERS INSURANCF- COMPANY a corporation created, organized and existing under, and by virtue of the laws of the State of California, and duly licensed to t.aneact a general surety busin�.ss, in the State of California, as surety a:e held and firmly bona to THE CITY OF lIV14TINCTOII BEACH, in the sum of ONE HUNDRED TW--NTY ONE THOUSAND TWO HUNDRED FIFTY AND 32i100 (5121,250.32t lawful money of the United States 001 America, to be paid to the said CITY OF HUNTINCTON BEACH for which payment, well and truly be made, we bind ourselves, 01.1C heirs, executors and successors jointly and severally, firmly by these presents . THE CONDITION OF THE ASOVE OBLICATION IS SUCH, that; WHEREAS the Principal is the "sub-divider" of Tract 12900 as .such term is used in the Huntington Beach Otdinance Code, Article 996-B, and i Principal is :eguireC by said Article 996-13 to pay a fee of .5111,250.32 in lieu of the dedication of land* for park and recreational purposes prior to the recordation of the fit:il map for Tract 12900 ; and Principal has requested defe_:al of the time to pay in l:eu fees until the insurance for a certificate of occupancy or the final inspection of any unit thereof, Whichever event shall i first occur; NOW, THEREFORE, if Principal shall pay the Park and Recreation fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said tract or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be exc''Jsed and shall be deemed null and void; otherwise the obligation will remain in full force and effect . 114 WITNESS WHEREOF, the seal a,-Id Big-nature of the Principal is hereto affixed and the corporate seal and nave of the said surety is hereto affixed and attester: by its duly authorized J►ttotney in PaC: at AN/..NEIM this �� day ©_ OCTOBER DEVELOPERS INSURANCE COMPANY MG VELOPMENT CORPOR:tTION • ' David C. Banfer, Attorney-in-Fact r Oia 33? Wilshire Avenue Arta;teitn, Ca 92801 tlY: _ e er L. von fl un SUBDIVISION AGREEMENT RE WEEN THE CITY OF HUNTINGTON BEACH AND MOLA DEVELOPMENT CORPORATION FOR TRACT NO. 12900 , THIS AGREEMENT is entered into this day of October , 1988, by and between CITY OF EIUNTINPTON 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. " RECITALS WHEREAS, SUBDIVIDu1? is thr owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 12900, aria As a condition of the approval of and prior to the I recordation of said subdivision map, subdivider is required to improve and dedicate the streets, alleys, and to perform certain ' other improvements in said sub-"Vision, and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work, to agree to perform said work as herein provided, and P , to execute and deliver to CITY bands for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or deFective materials furnished, as required by Sections 66499 and 66499 .3 of the Government Code i f� 1 of the State of California, and Article 997 of CITY 's ordinance code. tJCw, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 . GENERAIa STRE:E`r 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, Cull' s, gutters, sidewalks, trees, landscaping, etc. , sewers, including construction of main lines and lot laterals and structures; street lights, street signs, construction of I ; domestic water system including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done: and performed in I accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of i the Cicy Engineer. All of work shall be done at the sole cost i and expense of SUBDIVIDER, the acceptance of the dedication of said streets, alleys and other improvements, and said work shall i be completed on or before two (2 ) years from the date hereof, and all labor and material bills therefor shall have been paid t by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMEUT SUBDIVIDER agrees to complete all arterial highway I 2 1 i 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 . 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of two (2 ) years following the data of City Council acceptance of came. 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 One Hundred Fifty-Three Thousand Dollars ($153,000.00) as prescribed by HDOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditi,ona of the rract Map. The deposit may be by corporate surety bond, � cash or other a p y.pproved 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 cand tion shall remain in full force and affect un+.il the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute seCL)rlty at any time. 5. I N.SVRANCE SUBDIVIDER agrees to furnish to CITY and maintain in 3 force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER'S sole expense, a general liability insurance policy, including coverage for bodily injury, property damage, products/completeu operations, and blanket contractual liability, in which CITY is named as an -adOit• ional insured. The policy shall insure CITY , its officers and employees against , 1 loss, damage or expense by reason of any suits, claims, demands, i judgments 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 partien. i The policy shall provide coverage in an amount not less than one Million Dollars ($1,0001000 ) combined single limit eovarare per occurrence. If coverage is provided undet a form which includes a designated general aggregate limit, such limit shall be no i less than twice the per occurrence limit . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits. Such policy shall provide coverage at leant as broad as that provided in the Standard Form approved by the National Bureau of Casualty Un.:erwritets, togather with such endorsements as are requi.:ed to cover the risks involved. SUBDIVIDER shall arrange for the policy 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 !ipon execution of this agreement by SUBDIVIDER. Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation .. q a i r t I Of any of L•he insurance policies required hereunder not less than thirty (30 ) Qays before each Expiration or cancellation I.- effective. The certificate of insuranc% shall evidence the required additional insures endorsement, and is subject to approval as to fort, by the City Attorney. This agreement is void and of no effect until :uch apProyal is obtained from the City Attorney. � • WORKERS ' COMPENSATION SUBDIVIDER shall comply with all Of the provisions of the workeri3' Compensation insurance and Saf6t Y Acts of the State Of California, in regard to any worker employed in the work to be performers hereunder , and shall indemnify, defend and hold harmles,G CITY from and against all claims, demands, payments, snits, actions, proceedings anu judgments of every nature and descriptif)n, including attorney 's fees and costs, presented, bought rr recovered against CITY, for or on account of an liability under an of said acts which may be incurred b .- Y Y Of any work to be Performed reason pr.rformed pursuant this agreement by any person or entity including CITY. SUBDIVIDE!! shall Maintain Worker 's`' Comhenaat tots Innurance in an amount of not less than Five Hundred Thousand Dollars ($5000OOG ) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500,000) bodily injury by diseaa e, each employee, and One Millian Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident }7ereto, in forma and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, pr,-ir to commencing perforcnanwe of thr� work hereunder, furnish to CITY, on a form 5 .. • approved by the City Attorney, a certificate evidencing suet) insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (?0 ) days prior to any cancellation or modification of said insurance policy; and SUBDIVIDER shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy. Said insurance shall not. derogate from thn provisions for indemnification of CITY by SUBDIVIDER under Section 7 of this Agreement . 7 , INDEMNIFICATION DEFE14SE AND HOLD HARMLESS ;UBDIVIDFFt hereby agree: 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 thy: work or project , regardless of the willful misconduct, sole negligence or concurrent active or passive negligence by CITY its officers, employed and servants and from t•he sole negligence, concurrent negligence or misconduct negligence of third parties. The legal defense required by this agreement shall be provided upon request by CITY and at the sole expense of SUBDIVIDER. Any costs of defense or attorneys ' fees incurred by CITY in enforcing this agreement sha '. be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction pursuant to paragraph 9 hereof. S. PUBLIC WARNING AND PROTECTION 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 6 I I existent- in said improvements or any of them, and will protect the traveling public from such defective or dangerouzj conditions . That it is understood and agreed that until the compYetion of all the Improvements herein agreed to to performed, each of said improvements not accepted as ;►mproved E1 all :e uncjQr the charge of SUBDIVIDER for the purpose of this contract, a,:d SUDDIVIDER may close all or a portion of any Street alley, sidewalk or right-of-way whenever it iB 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. PAGE END I` 7 - 9. ATTORIJEYS' FEES In the event suit is brought by CITY to enforce the terms anu 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 SUBDIVIDER. , IN WITNESS WIIEREGF, the parties hereto Lsave executed this agreement the day and year first above written, �MOL DEVELOPMENT CORPORATION CITY OF H UNTINGTON BEACH � a C lifornia corporation a municiral corporation of the Stag of California Z±ra k resident i i P#- Von Elton, Secretary Mayor i ATTEST: APPROVED AS TO FORM: i City MR r . t y_W&w y (•�: -`ci\ 1c:•,--c J(; REVIEWED AND APPROVED: /IINIYYTIATED AND APPROVED: City Administrator Director f Public Works be i