HomeMy WebLinkAboutFinal Tract Map 12947 - All of TT 12947 - Majid Harb - Subdi REQUE:1 FOR CITY COUNC1.'ACTION
Date February 19, 1991
Subtr:itt�ed to: ,51VAF JOB By cz GOUtYCfL ,
Honorable Mayor a,u1 City Council
:csbrnitted by:
Michael T. Uberuaga, City Administrator Pr/ I .
Pr"rgd by: I'Touis F. Sandoval, Director of Public Works /
Subject: •trr -J.pKjo
GUARANTEE d: WARRANTY BOND— TRACT NO. 12947
Consistent with Council Policy? ( yes [ j New PolicyEx or caption
Statement of Issue, Recommendation,Anal "'�"----- O!"'Ot. Analysis, Funding Source,Alternative Actions,Attachments:
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STATEMEN'CQF ISSUE•
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The required one year period has elapsed since the acceptance of Tract No. 12947. Harb
Development is: requesting release of the Guarantee and Warr-inty Bond Number 3SM 755
03100 as required by the subdivision map act.
1. Release the Guarantee and Warrant Bon
d.
nd.
2. Instruct the City Clerk to notify the developer and the City Treasurer of this action.
ANALY • !
Subdivider: Harb Development, 2130 Main Street, #110, Huntington Beach, CA {
Engineer. Raab Engineering Inc., 1700 E. Lincoln Avenue, Suite 200, Anaheim, CA '92505
Location: P.C.H. between 19th and lath Streets
Lots: 1
Acreage: 0.749
Zone: Downtown Specific Plan District 2
AIIACUME :
Sectional District Map
This tract has been constructed in substantial accordance with the plans end specifications
on file In the Department of Public Works.
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SECTIONAL UISTRI (. I MAP I0-6-II
CITY O
011AINCI. COUNT', CALIFORNIA
USE OF PROPERTY MAP
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RE UEbT FOR CITY COUNCIL. ACTION ', " , ,
Date „�, February 5, ?990
Submitted to: Honorable Mayor and City Council
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Submitted by: Paul E. Cook, City Administrato, �
Pr"red by: OF Louis F. Sandoval, Director of Public Works _—
I1YgR0YZD By QI'I'Y CpUNCI.•
Subject: NOTICE OF COMPLETION TRACT 12947
IT
LI�5 r cm
Consistent with Council Polity? [ 1 4 i l New Police or Excep
Stag rent of Iswe I'.ecorn nendation,Analysis, Fundinq Source, Alternstive Actions,Attsc:hrwnts:
STAIEMENI&W- SU:
Harb Development has completed all street improvements fnr Tract 12947 and is
••equesting reiea;e by the City, as required by Section 66499.7 of the Subdivision Map Act.
RECOMMENDhMfi:
1. Accept the improvements dedicated for public use. yvv
2. Release the Faithful Performance Bond.
J. Release the Monument Bond
4. Accept guarantee and warranty bond number 3SM 755 031 00.
5. instruct the City C,erk to notify the developer and the City Treasurer to notify the
bonding company of this action.
8 NALY :
Subdivider: Harb Development, 2130 Main Street, #110, Huntington Beach, CA 92648
Engineer: Raab Engineering Inc., 1700 E. Lincoln Avenue, Suite 200, Santa Ana, CA
92805
Location: F.C.H. between 19th Street and 20th Street
Lots: I
Acreage: 0.749
Zone: Downtown Specific Plan District 2
ATTACEIMEM:
Sectional District Map
This tract has h:�n constructed in substantial accordance with the plans and
specifications on file in the Department of Public Woks.
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SECTIONAL DISTRICT MAP 10-6—II � a
CITY Of'
HUNTINGTON BEACH A&
ORANGE, COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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Premium 5j30.00/1 year
Wrd Number 31I 755 03031 00
GUARANTEE AND WARRANTY BOND
WHEREAS, WQID IITJS as
a Pri::cipsl, and •3MMIMI MOTORISTS INSUt'h M CCM"PlIY a
corpuratioa organised under the law-3 of the State of
Illinois _ and duly authorized to do buzinens
in the State of C►lif.ornia, as Surety, are held and firmly
bound unto the CITY OP HUNTINGTON BEACH, California, -is
Obligee, in she penal sum of Four lbot.r nd Six Hundred 00/100
(54,600.00)Dollurs , representing 10 percent of the rant s-t
price entered into between the Principal and Obligee, to
which payment well and truly to be made we do bind ourselves,
our and each of our heirs, executors, administrators,
successors and assigns jointly and severally.
WHEREAS, the said Principal entered into a contract
with said Obligee, dated Pebruary _ 1988 for
work described as follows:
Install i Carplete certain designated IN%blic Impro%xMmt-J
Tract No. 12947 in the City of Huntington Bract
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WHEREAS, the said contract provides that the
Principal will furnish a bond conditioned to guarantee mad
warrant for the period of one Year after completion of the
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work and acceptance thereof by the obligee, against all
defects in workmanship and materials during said one year
period.. �
WHEREAS, said work has been completed, and
accepted by Obligee on Ncr wber 7, 1989
NOW, 4HEREPORE, the Principal and Surety, jointly
and severally shall indemnify the Obligee for all loss that
the obligee may sustain by reason of any defective materials
or workmanship which become appy,rent during the period of one
year from and after date of completion of work and acceptance
thereof by Obl+aee.
continued.. . . . .
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Guarantee and Warranty Hand Page 2
SIGNEn this 9th day of. Jan:ary
19 90 . Signatures shall be notarized. P.uthorized
representatives shall be President and Vice President or
Attorney-in-fact owner.
�VrJID II URD _ __
_._. _. PPINCIPAG -....
Ii 13Y -
PUTl40P.IwED REPRESEHTATM
A r!7`�tICAN MMMIS75 IhSUF+%4=- rOKNIY
URET
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AUTHOR IXI RkF'iESEMT-. :VE
Doug Dine/Attcrney in Lief
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AMERICAN MOTORISTS!NSU. .ACE COMPANY rtarTm L
Horn:office:Long Grove, iL 60049 MC
POWER OF ATTORNEY =16wa-m-i
Know Ali Mea By These Presents:
That the American Motorists insurance Company, a corporation organized and existing under the laws of the State of Illirr.his,and
having its principal office in Long Grove,Illinois,does hereby appoint "•"••"'"•••••••'•"•a•
Doug Lane of Anaheim, California
its true and lawhrl agent(s)and aftorney(s)•in•fact,to make,execute,seal,and deliver during the rwriod beginning with the d-Ile of
issuance of this power and ending December 31, 1990, unless sooner revoked for and on its behalf as surety,and as its act and
deed: Any and all bcids and 1.,.ndertakings provided the amount of no one bond
or undertaking exceeds TWO WJNDRED FIFTY THOUSAND DOLLARS ($250j000-O0)*****
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undettaaing which gua►Rntees the
payment or ro;lection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to b ing each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at anytime by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
re$ula►ly elected officers at its principal office in Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER.31, 1990.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of
said American Motorists Insurance Company on February 23, 1988 at Long Grove,Illinois,a true and accurate copy of which is
hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED,That the Chai►mtn of the Board, the President,or a Yce President, or their appointees designated in writing:Ind filed with the
Secretary,a the.Secretary shall have the power and authority to appoint agents and attorneys•in•fact,and to authorize them to execute on behalf
of the Company,and Onach the seal of the Company therew,bonds and undertakings,recognizances,contracts of indemnity and other writings,
obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process"
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by
the Executive Committee of the Board of Directors of the Company a!a meeting duly called and held on the 23rd day of February,
1988:
`VOTED, Thar the signature of the Chairman of the hoard,the President,any Vice President,or their appointees designated in writing and filed
with►hr Secrefary,and the signature of the Secretary,the seal of the Cornpany and certifications by the Secretary,may be affixed by facsimile on
any power of attorney or bond executed pursuant to resolution adopted by;he Executive Committee of the Board of Directors on February 23,
i 4tSd and any such power s0 executed,sealed and certified with re;pcYi to any bond or undertaking ro which it is attached,shall continue to be
valid and binding upon the Company"
In Testimony Whereof,the American%iotorists nrince Company it c,,:jl d this itrsrrument to signed and its corporate seal
to be affixed by,,s authorized officers,,this QQ day of rctv1 , 19�.
Attested and Cerlifred: �r s AMERICAN MOTORISTS INSURANCE COMPANY
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F.C.McCullough,Secretary - 1.S.Kemper,III,Senicr Vice Pit silent
STATE OF ILLINOIS
COUNTY OF LAKE f S
I,Rose K. Rayner,a Notary Public,do hereby certify that J.S.Kemper,III and F.C.MCCL!Iough personally known to me to be the
same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company,
a Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal end delivered the said instrument
as the free and voluntary act of said corporation and as their own free.and volt-ntary act for the uses aria purposes therein set forth.
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My commission erpires:August 12, I991 Roie K.Rayne!,Notary Public
PM e3b-s z-M IM PRINTED IN U.S.A.
Power if Anorney—Term
CERTIFICATION
I,lee S.McClain,Secretary of the American Motorists Insurance Company,do Hereby certify that(lie attached Power of Attorney
dated March 22, 1984 on behalf of W g Tde ni* of Art r ICI mil
California
is a true and correct copy and that the same has been in full force and effect since the date thereof and is it °ul;force and effect on
the date of this certificate;and I do further certify that the said).S.Kemper,III and f.C.McCullough w„c :ecu!ed the Power of
Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attar d Power of Attorney
the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur-
ance Company an this day of Ja>t o 1 19" I q
�NM
Let S.McClain,Secrrury
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they
have no authority to bind the Company except in the manner and to the extent herein stated.
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iM&U-5 7/8a 1M
CITY OF HUNTINGTON BEACH
4; 2000 MAIM STREET
CALIFORNIA 92848
OFFICE OF THE CITY CLERK
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i March 22, 1988
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First American Title Insuirance Trust
114 E. 5th Street
Santa Ana, CA.
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Attention: Subdivision Officer
RE: Tract Map No. 12947
This is to inform you that all fees have been paid and conditions
met on tha above named tract. You are free to record same at your
convenience.
After recording, please return two prints of the Tract Map to Bruce
i Crosby, Department of Public Works, P. 0. Bose 190, Huntington 5each,
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California 92648.
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Alicia M. WenLworth
City Clerk
Aftbt
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Enclosure
Received by
Dated
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NOTICE OF ''1P L E T I ON WITH CONDITION; TRACTS 1
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Ati'mo ' IZATION FOR RELFASF FOR UrORPING
TO: CITY CLERK 0ATE:
FROM: PUBLIC WORKS DEPARTMENT
Druce Crosby i
TRACT NO. `4 7 _ DEVELOPER-
MID I T I ONS:
DoDosif of fees for water, sewer, _ t
drainage, engineering and inspection
Bond for Improvement . . . . . . . . . .
S I(Ina Lure of Ailreemen t . . . . . . . . . rr
Cort I f icate of In'.ilrronct. . . . . . . . .
1 .1bol 4 LI.i 1 i.r I Itoll.1 . . . . . . . . . I
Signature f
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NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
Date
TO: City Clerk
FROM: COMMUNITY DEVELOPMENT
Douglas N. La Belle
TRACT NO. , L{
Y
PARCEL MAP NO.
RECREATION do PARK FEES PAID
OTHER _.w__ r''r`r �'`'•,
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Douglas La Irelle
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T fir.- • tI
City of Huntington Beach
P.O. WX 11W CALIFORNIA t>ISW
OFFICE OF TIIE CITY C
. .. .. LERK
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! March 7.2, 1988
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1 Magid Harb
17G52 Leslie Lane, Unit C
Huntington Beach, CA 92648
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Gentlen*n:
The city council of tiuntington Beach, at it; regular
f meting Held Monde,March 21 . 1988 ,
approved the Subdivision Agreement for 'tract
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are enclo:;iny s herewith a duly executed copy .o« your
files.
S
I Sincerely,
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Alicia M. Wentworth
City Clerk
AMW:Fr
Enclosure
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91CHA E!A►1VK
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March 9, 1988
A'F.-i07ED A ;01.ax:.
CITY OF HUNTINGTON BEACH GA:L IWITON
Art Folger CIT'1 ATTOR:iE
Diatrict Attorney By.
2000 Main Street
City Hall Deputy Ci .y Attorney
Huntington Beach, CA
REFERENCE: MAJID 11ARB (BOP.ROWER)
26 Unit Condominium Project
Pacific Coast Highway @ 19th Street
Huntington Beach, California
Tract No. 12947
Gentlemen:
;TER ,IVING6 BANK,, a California corRoratign, has approved a
loan for MAJIQ HARB. ' a marriad_Aa, in the amount of
$3 , 575, 000.00 for the construction of a 26 unit condominium
project known as Harboring Villas and the off-situ imprnvements
required by law in a project legally described in 91hibit A at-
tached hereto, and CHARTER SAVINGS UhY.;_a California ggroore-
j tion, has received from WIG HARB, a tUrried ti»rt<n, a Construction
Note Secured by Deed of Trust and a Construction Daud of Trust
i with Assignment of Rents and Security Agreement as security for
the above referenced loan. CURI R SAVINGS BANK. a California
curoorajtign, is desirous of making public its record of this
I � loan, however, in accordance with the provisions of the Califor-
nia 'tract Map Act of 1.975, VINGS BuK. a California
i gonmtion, cannot record its loan until the subject: Tract Map
is recorded. This recordation requires payment of Park and
Recreation fees to THE CITY OF HUNTINGTON BEACH, County of
Orange. Therefore, in consideration of MAE CITY OF HUN3'IHMM
BEAQi and on behalf of WI.L2_HUB, a Married man, C U 6AYIN2k
IMK_.,.,,9..,QalJ.Jgrnia .ggr,24Igtion, will pay into a special impound
account the sum of 54g . 653 . 0o within ten (10) days after the
` Tract Map is filed and recorded, said sum representing the Park
and Recreation fees as specified by THE CITY Oi HU'?TINGTUH BEACH
for the above referenced project.
The escrow covering this project Will provide that tie funds in I
said impound account are subject to withdrawal upon the approval
of MWID Hli►RB. a married man, said funds are to be disbursed for
payment of the Park and Recreation fees mentioned above.
17011 Beach Boulevard•Charter Centre,Suite 20041 Huntington Beach,California 92647+(714)641•P100 =
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QHAIRTE SAVI[IGS HANK.tt corporation, further agrees
that in the event it is necessary to institute foreclosure
proceedings against lr[A�TTD• i a married MAn, on the property
legally described herein, it will immediately notify ThE C_ZTY,Of
JWKJJMgJ0K _BEACH and, further take: all necessary steps to protect
the interest of Tt1E CITY Of ROME= DEACH as respects its pay-
ment of Park and Recreation fees; pursuant to this letter how-
soever ME CITY or. NUN' r�QA_DFMJLf_,9 liability may be affected
by said foreclosure.
In the event MAJIj) WE. a roarriesLipAn, fails to pay for fees or
meet hie obligations to parties with which K&',tID )LAXBj a married
a", has contracted to do the work (as required by the City of
Huntington Beach, County of Orange, as described herein) , all
funds remaining in said impound account shall be immediately
available to TiiE_QITX SE ,.H(JKTJ M.QTQh B ,0 to pay the costs of
said fees and in such event, MAJ112 EIA., 9 a married scan, waives
any claim or interest in the remaining funds. VJ CITY OF UUN-
TINGTON HER9i[ shall not in any way be obligated to repay said
funds so used to CJfARTER SAY, OS SANK, a California co ratigm-
This is an irrevocable ccmmitmen. of funds which is not subject
to recall or offset by CUR TER SAVINGS f rni a co
We agree and consent to :.he foregoing agreement:
' MAMA SAVINGS DAMMl
a Califirnia corporation
By: Chen. S. Cavdek
Its Vice President
Tx CITY x r�a rox BE
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I •/�PLr!_ To.L" ,:� C...rb .�+4,✓,r.y �EJ�c.e>G+�'J'�irrT
in lifft
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LWAL DZSCRIPTXON
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The property is located in Orange County, State of California,
and is more particularly described as follows:
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PARCEL A: i
Lots 1, 21 3 and 4 in Block 119 of Huntington Beach Seventeenth
St. Section, as per map recorded in Book 4, Page 10 of Miscel-
laneous Maps, in the office of the County Recorder of orange
County, California.
PARCEL B:
Lots 5, 61 7 and S in Block 119 of Huntington Beach Seventeenth
St. Section, as per map recorded in Book 4, Page 10 of Miscel-
laneous Maps, in the office of the County Recorder of said
county. '
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EXCEPT otie half of all oil, mineral, gas and other hydrocarbon
substances below a depth of 500 feet under the real property
hereinabove described, Without the right of surface entry, as
reserved by Ethel J. De Ment Lynch, a married woman, who acquired ;
title as Ethel Moore De Ment, recorded July 5, 1973.
REQUEST FOR CITY COUNCIL ACTION
Date March 21, 8
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator
Prepared b Douglas La Belle, Director of Community Developm t '
A� Y:
Subiact: FINAL TRACT MAP 12947, BEING- ALL OF TENTATIVE TRACT NCO. c< ,
12947, AND BONDS AND AGREEMENTS FOR TRACT 12947
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,A"achments:
STATEMENT OF ISSUE: �
The final map of Tract No. 12947 being all of Tentative 'tract No. 12947, located on the
northeast corner of Pacific Coast Highway and ',9th Street, has been submitted to the
City Council for approval. Tentative Tract No. 12917 will expire on September 1, 1989.
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RFS' MMOAMN:
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 Pla-ning Commission as set forth by Section 66474 of the
Government Code.
3. Accept the offer of dedication ead improvements subject to completion of
requirements shown.
4. Instruct the City Clerk to not affix her signature to the map nor release it for
preliminary processing by the County of Orange or for 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 shal! be submitted;
c. Subaivision Agreement;
d. Drainage for the subdivision shall be approved by the Department of Public
Works prior to recordation of the final map.
e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed
and approved by the Department of Community Development and approved as
to form by the City Attorney prior to recordation of the final map.
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f. The Park and Recreation fees shall be paid or a surety posted in an amoum
equal to the in-lieu fees and approved as to form by 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 instnsct
the City Clerk to file one copy and return the secenO to the subdivider.
a. Faithful Performance Bond No. 3SM 105 796 00
b. Labor and Material Bond No. 3SM 705 796 00
c. Monument Bond No. 3SM 706 797 00
��jkYS1S:
PROPERTY OWNERS/ Maj!d Harb
APPLICANT: 17052 Leslie Lane, Unit C
Huntington Beach, CA 92649
SUBDIVIDER: Serra Nevada Development i
1050 E. Flamingo Road i
Las Vegas, Nevada 99109
ENGINEER: Raab Engineering, Inc.
1700 E. Lincoln, Ste. 201
Anaheim, CA 92805
LOCATION: Northt.tst corner of Pacific Coast Highway and 19th Street �
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ACREAGE: .722 acres net I
LOTS: 1
NO. OF UNITS: 26
ZONE: Downtown Specific: Plan Distri:t 2
GENERAL PLAN: High Density Residential
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.
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RCA - 3/21/88 -2- (0193d)
END l S:
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This action to accept Final Map No. 12947 is exempt from the requirements of the
California Environmr-ital Quality Act, Section 15268(b).
On September 1, 1987, the Planning Commission approved Negative Declaration No. 87-30
for the project itself.
S LiRCE:
Not applicable.
1. Area map
2. Subdivision Agreement
3. Monument Band
a, Faithful Performance. Bond
S. Labor and Material Bond
PEC:DLB:MA:TR:gbm
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RCA - 3121188 -3- (0193d)
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FT12947 le.
' MNt/YGtlw MY M
HUNTINGTON MACH PLANNING VIVIStON
SIJBDIVISION AGREEMENT
THIS AGREEMENT is entered into this 21Jt day
of �"`_�''!L'_ , 1988, by and between CITY OF HUNTINGTON BEACIl,
a municipal corporation of the State of California, hereinafter
referred to as "CITY, " and MAJIO HARP, a sole proprietorship,
hereinafter referred to as "SUBDIVIDE;R."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,
which it is seeking to subdivide into lots and to dedicate certain
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jstreets, alleys, and other improvements therein to public use, and
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is about to file with CITY a map of the tract of land known as
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Tract No. 12947, and
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As a condition of the approval of and prior to the recordation
of said subdivision map, subdivider is required to improve and
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dedicate the streets, alleys, and to perform certain other
improvements in said subdivision, and
SUBDIVIDER desires to enter into an agreement with CITY to
delay performance of certt.in of the work, to agree to perform said
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wort: as herein proviaed, 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 or. one ( 1 ) year
following completion and acceptance thereof against any defect in
work or labor done, or defective materials furnished, as required
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by Sections 66499 and 66499 .3 of the Government Code of the State
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of California, and Article 997 of CITY 's ordinance code.
NOW, THEREFORE, in consideration of the promises and
agreements of the parties as herein set forth, ttje parties agree
as 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. , nevers, 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
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 accordance with plans,
specifications and profiles which have been approved by the City
Engineer and filed in the office of the City Engineer . 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 said 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 I MPROVEMEt1T
SUBDIVIDER agrees to complete all arterial highway
improvements, including perimeter walls and landscaping required
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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 one ( 1 )
year following the date of City Council acceptance of same.
4 . FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington beach Ordinance Code
(HBOC) , Article 907, upon execution hereof SUBDIVIDER shall
deposit with the City Treasurer the sum of $46,000, as prescribed
by HBOC 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 deposit may be by corporate
surety bond, cash 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 bend or other security given in
satisfaction of this conaition shall remain in full force and
effect until the work of improvement is finally accepted by CITY
acid SUBDIVIDER may be —:qufred by CITY to provide a substitute
security at any time.
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
3
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 suits, claims,
demands, 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 parties. The
policy shall provide coverage in not less than the following
amounts:
I� Combined single limit bodily injury and/or
! property damage including products liability:
$1,000,000 combined single licit per.
occurrence.
Such policy shall provide coverage at least as broad as
that provided in the Standard Form approved by the 11ational Bureau
of Casualty Underwriters, together with -.nch endorsements as are
required to cover the risks involved.
SUBDIVIDER shall arrange for the policies to be so
conditioner] 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 expiratio or cancellation is effective.
The certificate of insurance shall evidence the requires:
additional insured endorsement, and is subject to approval as to
4
form by the City Attorney. This agreement is void and of no
effect until such approval is obtained from the City Attorney.
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 i.tw workmen employed in the work to be
performed hereunder, and shall indemnify, defend and hold harmless
CITY from and against all claims, demands, payments, suits,
actions, proceedings ana judgmcnLs of every nature and
description, including attorney 's fees and costs; presented,
brought or recovered against CITY, for or on account of any
liability under any of ,said acts which may be incurred by reason
of any work to be performed pursuant this agreement by any person
or entity including CITY, and shall provide to CITY evidence of
Workers ' Compensation Insurance satisfactory to the City Attorney.
7. INDEMNI(:ICATION AND HCLD 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 ol:t of the work or
project, regardless of the wilfQl misconduct, sole negligence or
concurrent active or passive negligence by CITY its officers,
employees and servants and from the sole negligence, concurrent
negligence or misconduct negligence of third parties. The legal
defense required by this agreement: s;iall 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
W 5
agreement shall be reimbursed to CITY or may be awarded to CITY by
a court of competent jurisdiction pursuant to Paragraph g hereof .
8 . PUBLIC WARNING A14D 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 danq Brous condition existent in
said improvements 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 alas the
improvements herein agreed to be performed, each of sail
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 whenevsr it is necessary to protect the traveling
public during the making of the improvementu herein agreed to be
made. SUBDIVIDER hareby agrees to pay for such inspection of
highways as may be required by the City Engineer of CITY .
9. ATTOPNEYS' FEES
In toe 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
E14D OF PAGE
6 -
court, shall be paid by SUdDIVIDF.R.
IN wrrNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above wzitten :
SUBDIVIDER: CITY OFF HUNTINGTON HEACH:
zv-
Yj A'J IDfAFk - Jayor �
A Sole Pxopriet.orshiF.
ATTEST: APPROVED AS TO FORM:
Ci ty Clerk City Attorney
REVIEWED AND APPROVED: INITIATCD AND APPROVED:
CityAdministrator Actin Director of
y
Public Works
I
be
7
�I
t
p^�q •f0; CERTIFICATE OP INSURANCE APPROVED AS TO FORM .J
,,,tty of Huntington Beath TO P I%1hw
Insur■nea tS Benefits Div.,ion
P.O.Box too CITY OF HUNTINGTON BEACH,CALIFORNIA City Attorney
Huntirngton Beach,CA 92645 A MUNICIPAL CORPORATION
This is to certify that the policies of Insurance as descfibad below hove hcen Issued to the insured by the undersigned and are lit force
at this time. If these Policies are cancelled or changed In such a manner that will affect this certificate,the Insurance company agrees
to give 30 days prior written notice,by mail,t:s City of Huntington Beach,Insurance anti Bena/its Division.P.0.Box 1CO,Huntington
Bosch,California 92648.
Nome of Insured —WESTERN CONCRETI? CONTRACTORS IEL _— 70 /Zr1+7
Addrtst of insured 1 Rfi�.? F1 i n_�:t_rer•r__�Irrrtli nn rA, �Z(iGA
Location of Worf;or Operatiat s to tm performed ..,AT L.11PE 3AIT ONS
Description of Work or Opentians ALL OPERAITQN9.. —
,,. � Name�or I'niun,...,.n �a..,.
POLCY DATES LIMITS OF LIABILITY
POLICIES iN FORCE POLICY NO. Effective~Cxpitatien In Tlwusantls(DWI Fall Inswad iiatn�llon of
Oa+i eta
GENERAL LIABILITY
()il COMF R EHENSIVE FORM
(?I PREMISES—OPERATiONS 73PR005258- 9/21/87 9/21/88 S r-90 CIL
' 5004 Each Occurenos
1); EXPLOSION AND
i COLLAPSE HAZARD
(x1 UNDKROROUND HAZARD
I)Q PAODi=COMPLETED
OPERATIONS HAZARD
1)0 COMIRACTVAL INSURANCE
i'M 9ROAD FORM PROPERTY
DAMAGE
1%) INDEPENDENT
CONTRACTORS
1 ) PROFESSIONAL LIABILITY/
ERRORS&OMIi,SIONS
AUTOMOBILE LIABILITY r
0{i COMPRr:HENttIVE FORM
73AA005258- 9/21/87 9/21/88 = $250. Cotnprehensiv
Oft OWNEu 0001 4. CSL ;250. Gaillainr
Eaot►O:rurearw
G{1 HIRED
al NGII.OwN'ED '
EXCESS LIABILITY 730005258- 9/21/87 9/21188
�) UMORELLA 70RM 0002 s._.LAnIl.
1 1 OTHEh INSURANCE
COVIPAtiZ
WORKERS'LDMPENSAT!ON
AND
Walser of isAwaeetion fmm
Wwkurs'enmpe veation '
tn.saa.
Addhic:sal Insured Endorsement: The insurer apreet to provide an andn,sernent to each policy shown move at follows(e cluding
worker's comp.) The Insulin agrees that the City Of Huntington Beoch and its City Council,anti/or all City Council eapoilnted groups,
committees, commissions, boards and any other Clay Council appointed body, and/car.elective and appointivis officers, servants or
employees of the City of Huntingian Beach,whenActing as such are additional insureds hereunder,Su:h insurance Is primary and not
excess or cor•tribu!in9 to any other Insurance of "
the City af'iuntirtgton Beach
R'a.iY+�F.is i�...__......_;� J,f!1uay.,_..
This cwtifiute is Issued in a mtttar of information.This certifiuta is not sit Insurance policy and dnes tint emend,extant ar after the s&vorap afforded
by the policies listed heroin.Notyrthstand;np any requirement,tarns or con4ifion of any contract or other document with tnpecr to which this certiNCat■
Of tnurrance may be issued or may pertain,thn inturence afforded by the policies daaetibsrl herein is subis:t to ail the rermf, eacluslons end conditbhs of
such policies.
Ernie Caponera Insurance At,ency Nationwide Mutual insurance Company
verity or Bnkorb" insurance Company
I IS35 �. Or{t ,t�nrcl. See. 109, Annl,aln.
Fen n a �
Natno 01 Prrc�nteots Contact ``
Authorieed Signaturs its
' — 714) 978-9ji7 NOTE:Authorltadtfenaturemayhe the.pantsifpent hot piacadlm►►rance
1 Telephone numbs, through an agency etreernont with the Insurer. If fnsuranea is brokered,
authotrted signstu►s mutt be that of an official of the insurance company.
SEE REVERSE SIDE Fon HOLD ffAiiAILESS AGREEMENT
•; •cifr5 l�n.Y µme . ,..�. ,�. �` `'! + A�1.at171'9�1,�H'11 ��•„a�........�....._..
r •.r,. '1..lb 11L..i .a0•.b..�'v.++ -... .. ;...�:. ...•.....:..._ •.- •, fii,'1>gAC
The City of Huntington Beach requires by ordinance that a Certificate of Insurance he on file with us for the issuance of a permit or
license;and that it be kept current for as long as that permit or license is in force.
I The certificate you now have on file with Ell:• City •:+ill expire on the date shown on bottom of mailing label.Please have your a0ent
submit an Vpdsted Certificate of Insurance,on this furm prior to this expiration date. Failure to comply may result in the cancellation
of your permit or I,,:ense and the elL;hag dow-on of your operation or event.This is the only notice of cancellation you will receive from
the City of Huntington Beach.
TILE C1 i Y OF HUNTINGTON OCAC11 MUST BE AN ADDITIONAL r1AMED INSURED.
All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City cf Huntington Bexeh, P. 0.Box 590,Hunting.
ton Beach, California 92C40. If yju Kiva any questions, plea;e call this office at 536.5090.
DEFENSE, INDEMNIFI-CAI IONAND HOLD HARMLESS AGREEMENT 1�._ ._
The undersigned Insured Contractor, a Sole Proprietur/General Partnership/California Limited Partnarshl California Corporation
Other — (you must circle the appropriate choice or fill in the blank) hareby agreei tit defend,
Indemnify and hold harmIr;s the City of Huntington Beach,It,officers,employees and servants(herainaltar eollectivaly referred to as
City)from any and all Ieiss,damage,cast,expanse,liability, claims,demands or judgrstents arising directly or Indirectly out of the work,
project, event or othe, purpose for which Ote accompe^yang certificate of insurance is provided, regardless of th_ active or passive
nature of any negligcn+:e by Cite except when %ur'• liability arises from the sole negligence or wronghrl miseenduct of the City.This
agreemcnf extends to t over the actions and ortolan•.,is of third parties as well as those of the Insured Contractor (indernnitor) end the
City (indemnitees). Th t legal defense required by liis agreement shall bo provided upon request by the City and at the sole expente of
the Insured Contractor, Any costs of defense or attnrnays' fees incurred by City In enforcing this agreement shall Iva reimbursed to
City or may be awarded to city by a coirt of competent jurhoiction.
SIGNED: By: �.ti: 1Cll x 1`�C`l \11 Title: Cn-1jn t-P. S c n-i'tiry/Tre sc ere
s
By. 1.• - r*-- �.+,.�' �s }'isle: Pred.d CttC
If a Corporation, TWO OFFICERS must sign; or, In the alternative, present satisfactory evidence of your authority to hired your
Corporation.
I
PIO 6/86
it
i
I
I
CIT1r OF HUNTINGTOW MACH
Insurance d Benelitt Division
P.0.box 190
N/.IKgw yrw Kint;ngtan beach,CA 92648
�s—
f�
• I
a
STATE P.O.BOX 807,SAN FRANCISCO,CALIF' 1RNIA 94101-0807
COMPEENSATION
IiM'BURANCE
FUND CERTIFICATE OF WORKERS'COMPENSATION INSURANCE
JANUArlY 26 . 1988 POLICvNUMSER: 0791d78 — 87
CERTIFICATE EXPIAEa: L"1__���►.
r
CITY OF MV VT1-NcT.v—•t7EAu -
II4,UHANCE ANU tjENEFITS UFF ICEk
;)on MAIN :iTttELT
HUNTINGTuN UEACH Jllr,,: ALL UPLmATICNS
CALIFORNIA 9Z64 3
L
This Is to certify that vm have issued a valid Workers'Compensation insurance policy In a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days'acvance written notice to the employer.
We will also give you TEN days'advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of insurance is not an Insurance policy and does not amend, extend or aiter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or cond:tion of any contract 0+ other document with
respect to which this certificate of insurance may be issued or may partain, the insurance alforded by the policies
described herein is subject to all the terms, exclusions and conditions of sucl,policies.
PRESIDEN'r
EMPLOYER
r-
"E$TE N CUNCHc:'E CUNTHAL:TUt«, INC .
1 b 65s.' F!OH10/1 1-11L _T , is 10U
HUNTINUTUIN rit::ICH
`� (:F1LlFUItifl/1 ;"G4�t
�cr to:r,:I�:c:v. 1�•;,,I COPY FOR INSURED'S FILE OLD?CPA