HomeMy WebLinkAboutFinal Tract Map 13014 - All of TT 13014 - Southridge Homes - / ST . NT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, •California
April 3, 1989
=M r Bannister called the regular meeting of the City Council
f OT the City of Huntington Beach to order at M6 P.M.
Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
Absent:* None
CONSENT CALENDAR - ITEM APPROVED
On motion by MacAllister, second Green, the following item was approved as recommended
by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: Nore
ABSENT: Erskine (out of room)
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NOTICE OF COMPLETION - TRACT, 13014 - SOUTHRIDGE HOMES - Accepted improvements dedicated
for public use in Tract 13014 lOcatea P.C.H. btween 20th and 21st Street, authorized
release of Faithful Performance Bond and Monument Bond, accepted guarantee and
warranty bond number 3SM 717 961 00, instructed the City Clerk to notify the developer
and the City Treasurer to notify the bonding company of this action.
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Mayor Bannister adjourned the regular meeting of the City Council
of the City of Huntington beach at 9:36-F.-R- to _Monday, April 17, 1989
at 5:30 PM in Room B-8, Civic Center, Huntington Beach, CA
ATTEST: Connie Brockway
City Clerk and ex-o ficio C erk
of the City Council of the City
Connie Brockway of Huntington beach, California
City Clerk
Wes Bannister
STATE OF CALIFORNIA ) Mayor
County of orange
City of Huntington Beach
I, CONNIE BROCYWAY, the duly appointed ana qualified City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and foregoing is a
t�uz! and correct Statement of Action of the City Council of said City at their
regular meeting held on the 3rd day of April
WITNESS my hand and seal of the said City of Huntington Beach tt:is the 4th
day"of April 19 89
Connie Brockway
City flerk a nd ex-o is o C erk
of the City Council of the City
of H:m tington Beach, California
BY
putt'
12178
RE UE I=O'R � CIT- Y COUNC ACTION
Date janr11 3. 19A9i
.i
Srbmitted to: Hon6rable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator-
,
Prepared by: Louis F. Sandoval, Director of Public Works APPROVED BY CITY COUNCitk
Subject: NOTICE OF COMPLETION TRACT 13014 � 19.t.....
C1TCL ,
Consistent with Council PoIicyi It l Yes [ ) New Policy or Exception
Statement of issue. Recommendation, Analysis, Funding Source, Alternative Actions, Att'66i Tents:
STATEMENT OF ISSUE:
5outhridge Homes has completed all street improvements for Tract 13014 and is
renuesting release by the City, as renuired by Section 66499.7 of the Subdivision Map Act.
RECOMMENDATION:
u
I. Accept the Improvements dedicated for public use.
2. Release the Faithful Performance Bond. D �
3. Release the Monument Boni S' �-•7 1`"
4. Acrept guarantee and warranty bond number 35M 717 961 00.
5. Instruct the City Clerk to notify the developer and the City Treasurer to notify the
bonding company of this action.
ANALYSIS:
Subdivider: Southridge Homes, 15568 Graham Street, HL tington Berth, CA 92648
Engineer: R.H. Cahl, 18090 Beach Boulevard, #12, Huntinclton Beach, CA 92648
Location: P.C.H. between 20th k 21st Streets
Lots: 1
Acreage: 0.936
Lone_ Downtown Specific Plan - District 2
ATTACHMENTS:
Sectional District Map
This tract has teen constructed in substantial accordance with the plans and
specifications on file in the Department of Public Works.
LF S:BPC:dw
2003gi3
P17 Sim
SECTIONAL DISTRICT MAP 10-6--II
CITY OF
T
HUNTINGTOI� BEACH �
O RANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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.r
r..ITY OF HUNTINGTON BEAcH
2000 A"IN STREET CALIFORNIA 92348
OFFIIE OF THE CITY CLERK
September 99 '1987
yv
Orange Coast Tit1`e Co.
9 t,
640 N.-Justin Avenue
Santa 'Aha, CA 92705
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Attention: Do`n Boington
RE: Tract Map No. 13014 .
This is to inform you that all fees have been aid and conditions
y P
met on zhe above named 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. 0. Box 190, Huntington Beach,
California 92648.
1/%.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
Received by
Dated
I
ITeltphons:714-536 5227I
' City urit�r�gtin Reac�i
P.O. Box 100 CALIFORNIA OMM
OFFICE OF THE CITY CLERK
September- 9, 1987
Southridge Homes
15568 Graham Street
Huntington Beach, CA 92648
Gentlemen:
The City Council of Huntington Beach, at its regular
me-eting held Tuesday, September 8. 1987
approved the Subdivision Agreement for Tract No. 13014.
We are enclosing herewith a duly executed copy for your
files.
Sincerely,
Alicia M. Wentworth
City Clerk
r
AMW:pr
Enclosure
1
r
SUBDIVISIOf1 AGREEMENT
THIS AGREEMENT is entered into this day of
1987 , by and between CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California , hereinafter
referred to as "CITY, " and SOUTHRIDGE HOMES, a California general
partnership, hereinafter referred to as "SUBDIVIDER. "
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,
which it is seeking to subdivide into lots and to delicate certain
streets, alleys, and other improvements therein to public use, and
i
is about to file with CITY a map of the tract of land known as
Tract No. 13014 , 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, 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 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 f^r 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 of the State
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, the 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 . , sewers , including
construction of main lines and lot laterals and structures; street
lights , street signs , construction of domestic water system
including the construction of water mains, lot laterals and
installation of meters; engineering costs; and any mi;cellancous
requirements as may be set forth in CITY 'S codes . All of said work
shall be done and performed in accordance with plans , specifications
P P P
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 therefo. 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 .
_2_
I
3 . GUARANTEE
SUBDIVIDER shall guarantee all work and material required
to fulfill his obligation as stated herein for a . period of one ( 1 )
' 'it Council acceptance year follow-ling the date of City of same.C
4 , FAITHFUL PERFORMANCE: AND SECURITY
In accordance with )!untington Beach Ordnance Code (HBOC ) ,
Article 997 , upon execution hereof SUBDIVIDER shall deposit with the
City Treasurer ( 1 ) the sum of $36 , 000 , as prescribed by HBOC Section
9970, which security is given ko CITY to insure faithful perxurmance
of this Agreement and of all of the conditions of the Tract I-lap, ( 2 )
A 1
or , «t_ -ia..s or equipment,. and ( 3 ) an
an additional $18 ,000 for lab , m i
additional amount of 10% of tiie total actual cost of the
improvements for the guarantee and warranty of the work for a period
of one (1 ) year after completion thereof . Exhibit A, incorporated
I
herein by this reference reflects the public and private
improvements required herein . The deposits may be by corporate
surety bond, cash or other approved form of improvement securit.y .
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 substituhed security is acceptable to the City Attorney .
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 suits, claims, demands ,
-3-
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 :
Combined single limit bodily injury and/or
property damage including products
liability: $1 , 040 ,1000 combined single limit
per occurrence .
Such policy shall provide coverage at least as broad as
that provided in the Standard Foam approved by the National Bureau
of Casual�:y 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.
Prior to the recordation of the Final Tract Map? evidence
of insurance shall be furnished in a form satisfactory to the City
Attorney upon execution of this agreement by SUBDIVIDER. In
addition, SUBDIVIDER shall furnish evidence of a commitment by the
insurance company to notify CITY of the expiration or cancellation
of any of the insurance policies required hereunder not less than
thirty ( 30 ) days before each expiration or cancellation is
effective . Certificate of Insurance coverage furnished to City are
accepted subject to approval as to form by the City Attorney . This
agreement is void until certificate approved .
6 . aORKERS ' COMPENSATION
SUBDIVIDER shall comply with all of the provisions of the
Wcrkers ' Compensation Insurance and Safety Acts of the State of
-4-
California, in regard to my workmen employed in the work to be
performed hereunder , and. shall inde'i'.ni.fy, defend and hold harmless
CITY from and against all. claims, demands , payments , suits, actions ,
proceedings and judgments of every nature and description-, including
attorney ' s fees and costs , presented, brought or recovered against
CITY , for or on account of any liability under any of said acts
which may be incurred by reason of any work to be performed pursuant
this agreement by any person or entity including CITY, ar;d shall
provide to CITY evidence of Workers ' Compensation Insurance
satisfactory to the City attorney .
7 . INDEMNIFICA'.kION 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
i
arising directly or indirectly out of the work or project ,
regardless of the wilful 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 shall he 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 shall be reimbursed to
CITY or may be awarded to CITY by a court of competent jurisdiction
pursuant to paragraph 9 hereofL .
8 . 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
-5-
traveling public of each and every dangerous conditionsxistent 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 hhe completion of all the
improvements herein agreed to be performed, eadh of said
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 .
9 . ATTORNEYS ' FEES
In the event suit is brought. by CITY to enforce the terms
and provisions of this agreement or in any bond given to secure the
performance herecf , a reasonable attorneys fee, to be fixed by the
court , shall be paid by SUBDIVIDER.
REST OF PAGE NOT USED
-6-
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JONES CAHM ASSOCIATES
CoksuLTIVO ENGINEERSvi 1— "
K�
JUL 2
r-iuN�M TAN
.July 22, 1.987 o
. w' c4�-��-,
city of jlunitiii4ton Beach
2000 Main Street
Huntington Berch, CA 92649
ATTN: Mr. Bruce Crosby; Public Works
RE; Tract No . 13014
Vista Del Mar
Huntington Beach, CA
Dear Sir,
As requested we are submitting the following list of
quantities for public and private improvements on the above
mentioned tract:
PUBLIC IMPROVEMENTS
ITEM QUANTITY
1. 0 . 25 ' A.C. / 0 . 50 ' A. E. 1375 S .F. h
2 . 0 . 20 ' A.C. / 0 . 50 ' A. B. 1342 S .F .
3. Variable A.C. Cap 6670 S .F. 1&7e' e
4 . Sawcut existir^ A.C. 700 L.F .
5 . Remove & replace in kind A.C. & Conc. 1586 S .F . 7Q�•°�'
6 . Curb and gutter (Type A-2) 275 L. F.
7. Concrete sidewalk 3159 S .F.
8. Concrete driveway 224 S .F. _
9 . Concrete alley gutter 506 S .F. , ax, �
10 . Concrete alley approach 108 S .F. _
11 . Remove existing misc . concrete & A.C. 4161 S .F . _ JOY/
12 . 8" V.C. P . Sewer 15 L.F , . 4C.I ..
a«.13 . 8" P .V. C. Waterline 60 L.F.
� Ca
14 . Fire hydrant assembly 2 each
15 . Street lights 2 each -
16 . Landscape and irrigation 675 S .F.
39. an, .�
361
�• � • - rn�w 3v, VW` 47-�
EXHIBIT.
A
18090 Beach Boulevard • Huntington beach, Uifurnia 92648 • (714) 848-0566
i• :i
4V City of Hunt Beach 7/22/87
Mr. Bruce Crosby
PRIVATE -IMPROVEMENTS
ITEM QUANTITY
1. 3" P . V.C. Plater Main 10 L .F .
2 . 3" water meter 1 each
3. 4" P .V.C. Fire Main 10 L. F.
4 . 4" Double Check Detector 1 each
5 . 8" V.C. P. Sewer Lateral 10 L.F. c+
6 . 15" R.C.P . Storm Drain 10 L .F . + �
7 . Connect 15" R.C.P . to existing C. B. 1 each �o
--- Monument Bond Amount $ 1, 500 . 00
--- Total Number of Units 42
--- Blue Border Acerage 0 . 936 AC .
--- Owner' s Name: VISTA DEL MAR; A Califc, is Limited
Partnership
Southridge Homes; General Partner
By: Richard P . Kelter.
By: Robert L. Sfreddo
If we can be of further assistance with this matter,
please do not hesitate to give me a call .
Very .. yours ,
ours
•
JONES-CAHL & ASSOCIATES
I
R. H . Cahl , P .E .
RHC:ykc
I
i
EXHIBIT
JONES.CAHL&ASSOCIATES
18090 Bt.ch 11oulevard • Huntington Beach, California 92648 • (714) 948.0566
iiatea:! " Ilk,
Mr `•;�FuT• a ,: T'.3ir"tom,, "•,: 'xK'• .,. i-• . .1. �I.'C:.S:-,-:i::`i �{•+tF=
C 1 }20Q(? MAIN STREET. " CRb' ORN)A 92648
Pawl E. Cooic Public Works Department
Director (714)t 536.5431
July 28, 1987
Southri.dge Homes
15568 Graham Street
Huntington Beach CA 92648
Subject: Bond Inbunts and Fees -- Tract 13014, PCH between 20th and 21st Streets
Gentlemen:
'Ihe following are bond amatlnts and fees receivable from the subject tract:
Bonds
Monument $ 1,500.00
Impzoveirnnt (faithful performance) $ 36,000 .00
IRprovement (labor and material) $ 18,000 .00
Guarantee and Warranty $ 3,600 .00
Fees
Sewer, 42 units @ $130.00/twit $ 5,460.00
Water, 42 units @ T60.00/uni.t $ 2,520.00
Drainage, 0 ,936 acres @ $6,000 .00/acre $ 5,616.00
Engineering and Inspection, 8% x $39,740.00 $ 3,179.20
Construction wager, 42 units @ $12.00/unit $ 504.00
*O.C.S.C. sewer, 42 units @ $1,250 .00/:snit $ 52,500.00
Enclosed are bond forrus and a certificate of insurance form for the subject tract
which you should have executed and returned to this office.
Mie bonds, the insurance certificate- and the fees must be submitted prior to approval
of final map. If master--planned water, sewer or storm drain facilities are included
in your construction, you may be eligible for reinrbursenont for a portion of the con-
struction costs. A waiver of the pertinent fees (t o the extent of the cons truct:ion
m.;ts) would be a part of that agreement. Please contact this office for further
details.
Fbr Park, Recreation and Building Plan Cher: fees, please contact the City of Huntil,g-
ton Beach . Development Services Depart imnt.
*T, s fee may be paid prior. to final building inspection.
Sincerely,
Bruce r: Crosby _ . -
Senior Plan Ched;er -
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B :ik ► �` .
SIP
1IL
` - ?000 MAIN STREET _ CALIFORNIA 92648
Public Works D'e artiinent
.Paul E. Cock p
Director (714) 536.5431
July 28, 1987
Southridge Homes
15568 Graham'Street
Huntington Beach CA 92648
Subject: Bond Amounts and Fees -- Tract 13014, PCH between 201h and 21st Streets
Gentlemen:
the following are bond aimunts and fees receivable from the subject tract:
Bonds
Vbnument $ 1,500 .00
?Movement (faithful perfornwoe-) $ 36,000 .00
Lipiovem-.nt (labor and material) $ 18,000 .00
Guarantee and Warranty $ 31 600 .00
Fees
Sewer, 42 a d.t.s @ $130.00/wit $ 5,460 .00
Water, 42 units @ $60.00/unit $ 2,520.00
Drainage, . 0 .9 36 acres @ $6,000.00/acre $ 51616.00
Engineering and Inspection, 8% x $39,740.00 $ 3,179.20
Cbnstruction water, 42 units @ $12.00/unit $ 504 .00
*O.C.S.C. sewer, 42 'arts @ $1,250.00/unit Y 52,500.00
Enclosed are bond forms and a certificate of insurance form for the subject tract
which you should have executed and returned to this office.
the }rinds, the insurance certificate and the fees must be submitted prior to approval
of final map. If master-planned water, sewer or storm drain facilities are included
in your construction, you may be eligible, for reimbursement for a portion of the oon-
struction costs. A waiver of the pc---. fees (to the extent of the construction
costs) would be a part of that agreement. Please contact this office for further
details.
lbr Park, Fecreation and Building Plan Cieck fees, please contact the City of Hunting-
ton Beach Development Ser-Aces Department.
*'his fee may be paid prior to final building inspection.
Sincerely,
Bru^e P. Crosby - -
Senior Plan Checker
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CAT.NO.NN09696 ___..«.•,�.� .........n...•,,. . •�..
TO 21954 CA(1-831 TICOR TITLE INSURANCE
(Corporation as a Partner of a Partnership)
SPATE OF CALIFUIMIA
COUNTY OF 1/ M SS.
On •�`�s% rt- - _(9 ? before me, the and rsi,ncd, a Notary Public in and for
said State, pc onally appeared t"�" �_- /"�('l
Wpersonally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
x the within instrument rs the -- President,and
personally known to me or proved to me on the basis of satisfactory evidence ;.
to be the ersc n who executed the within instrument as the Secretary of
the corpor xc►on th t ccutcd th within instrument on t
behalf of c-� irinn e -3�►r`:1�5 t
the partnership that executed OFFICIAL.SEAL '
the within instrument, and acknowledged to me that such "''`•'c, CHERYL H. GRUBB
:;
corporation executed the same as such partner and that r��'. '�' NOTARY PUBLIC-CALL F0RN1A f
„ such partnership executed the same. � '�' principol Office in i
WITNESS my hand and official seal. ,'l ORANGE COUNTY
h7r Conmei E,ucts l/,r 25.1991
ICI
I ;
Signature
fi (This ar.a for official notarial seal)
I�, ..,,... .. .-....a-�.�C��a.•_•a....�.,_ .... . .. ..._. �� r rw�q.►• ■ r r r �� r•rrrlV7lr�M,��w... ,
f (Corporation as a Partner of a Partnership)
STATE Of CALIFORNIA
COUNTI' OF 0 .lr? .f�-.- . S'.
C
On `..,,`,et.��`" ,. � ��� before mc., the undersigned, a f.o!ary Public m and for
said State, p:rsonally appeared `�P_!!; /7 �7tG >L =r r,
ar personally known to me or proved to me on the basis of satisfactory evidence to be the p J� }cr on-rho cxccu cd
r — -
the within ins ruin+at as the President and h,(l)/7r �t �7 l
w _ personally known to me or proved to me on the basis of satisfactory evidence
to be the PC
who executed the within instrument as the -- Secretary of
4 ` � !fir' /r,r r:ni'��-�i'ntr.� - •
the corporation that cxccutcd the within i �trumcnt on
I bch tlf of �r'r +•t-Il r►' M,� OFFICIAL WAL
the 1t3 tncrship that executed ►''.:.•.'
the within instrument, and acknowledged to me that such :,� , �• CHERYI H. GRUO CALIFORNIA
R
NOTARY PUBLIC•
corporation executed the same as such partner and that �s'a+- ` pri tipo1 oNice in
such partnership executed the same. ORANGE CC.:1NiY
WITNESS my hand and official seal. �� ti'►Comma,�nE�rrestt.a 25,t99t ,
• 1
I /
Signature r I 1 r' ! t. ��• c�d-'LLB-V (J (This area fnr officia)notarial seal)
COUNTY OF ORANGE ) ss:
On th t s - 2 7 day o ,
a N t Pubic in and for said Cou -s`' 19JLZ• before me,
,1� t1 �y and State, personally appeared
�10known to rrta to be the yor
and '• rrlu.,,. known to me to be the ,[ c ��.tit
Clerk
Of the City of HMItinaton IBsa h the rr+unici al coz Y executed
P porn tibn t at executed
the within instrument, known to me to be the persons who executed the
within instrument en behalf of said municiflal corporation and acknowledged
to Me that such municipal corporation, executed the sameIBM
PAMNSM
{*ON
MY G11lllllt.EIS.Am 24,1 M
a` :;�
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written :
SUBDIVIDER: SOUTHRIDGE HOMES, a California general partnership
consisting of KELTER CORPORATION, a California
Corporation and D . S . PRODUCTS, INC . , a California
Corporation by two of each corporation ' s corporate
officers as follows :
KELTER CORP O 0 D . S . P CT�S', INC .
By: r B
RTnA?D P . KELTER ER7 L . SFREDDO
Secr t .ry/Treaplirer�_a r -.'cue t
By: ` / By
i
i
CI OF r T NGTOr BE
i
I - -
I
rayo
ATTES APPROVED AS TO FORM:
TauciA M. rr47.woRMTY CLERK
ity Clerk Cktyr Att ney
REVIE ND APPROVED: INITIATED AND
/A OV
( t
...�..r-
Adminis 4_11zj�
or Director 'vf Public Works
PAYMENT OF PARK AND RECREATION IN LIEU
FEE AGREEMENT
(HUNTINGTON BEACH ORDINANCE CODE ARTICLE 996--B )
THIS AGREEMENT is entered into this d day of
w
1987 , by and between CITY OF HUNTINGTON
BEACH , a municipal corporation of the State of California,
hereinafter referred to as "CITY , " and SOUTHRIDGE HOMES, a
general partnership, hereinafter referred to as "SUBDIVIDER. "
RECITALS
WHEREAS , SUBDIVIDER is the owner of a tract of land in
CITY , which it is seeking to subdivide and is about to file
with CITY a map of the tract of land known as Tract No. 13014 ,
and
As a condition of the approval of and prior to the
recordation of said subdivision map, subdivider is required to
d--�Iicate a portion of the land in said subdivision for park and
recreation purposes or to pay a fee in lieu thereof , and
SUBDIVIDER desires to enter into an agreement with CITY to
pay the in lieu fees, to delay payment of said fees, and to
executte and deliver to CITY bonds for the faithful payment of
said fees .
NOW, THEREFORE, in consideration of the promises and
agreements of the parties as herein set forth, the parties
az .-ce as follows :
1 . PAYMENT OF IN LIEU FEES
SUBDIVIL"IER agrees to pay a fee to CITY in the amount
of Sixty--Seven Thousand Five Hundred Twenty-Six and 52/100th
Dollars ( $67 , 526 . 52 ) lawful money of the United States , in lieu
of park and recreation land dedication for Tract No. 13014 , a
copy of the map and conditions for which are hereby
incorporated by this reference.
2 . DEFERRAL OF IN LIEU FEES
In accordance with Huntington Beach Ordinance Code
Article 996-B, SUBDIVIDER agrees to submit a surety bond in the
amount of Sixty Seven Thousand Five Hundred twenty Six and
52/100th Dollars ($67 , 526 ,52 ) , lawful money of the United
States . The bond is given to CITY to insure faithful
performance by SUBDIVIDER of it ' s obligation to pay the
aforementioned in lieu fees . The bond must conform to the
requirements of Huntington Beach Ordinance Code Section
9961 .2 . 1 .
3 . TIME OF PAYMENT OF IN-LIEU FEE ' S
The payment by SUBDIVIDER of the in lieu fee to CITY
shall take place prior to the issuance of a Certificate of
Occupancy or final inspection of the first unit of the first
phase ,or one year from the date of the execution of this
agreement, whichever comes first . In no event shall the
Certificate of Occupancy or final inspection of the first unit
of the first phase issue until the in lieu fee is paid.
-2-
6 . ATTORNEYS ' FEES
In the event suit is brought by CITY to enforce the
terms and provisions of this agreement or in any bond given to
I
secure the performance hereof , a reasonable attorney ' s fee, to
be fixed by the court, shall be paid by SUBDIVIDER .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written:
SUBDIVIDER: CITY OF HUNTINGTON BEACH :
SOUTHRIDGE HOMES,
A Ge r,a a n
,r M a
r
ATTEST: VED AS 0 FORM :
UICIA M. wENTNORTH Ci Y CLERK
City Clerk 7NITIATED
C y Atto ey
REVIEWED AND APPROVED: AND APPR ED:
City Administrator47 of Public Works
ilk
-3-
P
Rat �J�S OR CITY ._COUNCII. +CTION
Dole APPROVED BY CITY U
CJL
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra or
n e` area b DQu las N. La Belle, Director
. r p y 9 l
haul Cook Director, ublic Work
P
SubjE:ct:
FINAL TRACT MAP 13014 , BEING ALL OF TENTATIVE TRACT
NO. 13014 , AND BONDS AND AGREEMENTS FOR TRACT 1 ,
Staternant of Issue, Recommendation, Analysis, funding Source, Alternative Actions, Attachments: ,(Q
STATEMENT OF ISSUE:
The final map. of Tract No . 13014 being all of Tentative Tract No .
13014 , located on a half block on the inland side of Pacific Coast
Highway between 20th. and 21st . Streets , has been submitted to the
City Council for approval . Tentative Tract No . 13014 will expire on
March 17, 1989 .
RECOMMENDATI N:
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
completion of re—uirements 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 certificate of Insurance shall be submitted;
b. Subdivision Agreement ;
I
C. Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of the
final map.
r
P:0 4/81
d. The ;Declaration of Covenants, Conditions and Restrictions
sfii yy:be reviewed . and' approved- by . the Department of
Community Development and approvcd :as to form, by the City
Attorney prior to recordation of the fi-nal map .
e . The iond%'.for Park .a .., Recreartion fees shall be approved as
to form7by E e 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 second to the subdivider .
a . Faithful Performance Bond No . 3SM 701 359 00
b. Labor and Material Bond No . 3SM 701 359 00
c. Monument Bond No . 3SM 701 360 00
ANALYSIS:
SUBDIVIDER: Southridge Homes
15568 �draham Street
Huntington Beach, California 92648
ENGINEER: R. H. Cahl
18090 Beach Boulevard
Suite 12
Huntington Beach, California 92648
LOCATION: The half block on the inland side of Pacific Coast
Highway between 20th, and 21st . Streets
ACREAGE: . 936 acres gross
LOTS : On; 'o t
NO. OF UNITS : 42
ZONE: DTSP-2 (Downtown Specific Plan-District 2)
}
GENERAL PLAN: High Density Residential
DISCUSSION:
I I
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 9/8/87 -2- (8968d)
� ENVIRONMENTAL STATUS:
This action, to accept Final Map 13014 is exempt ''from the
requirements of. the California Environmental. Quality Act, , Section
15268 (b) . The project itself is exempt because it is in .conformance
wn Specific Plan Environmental Impact Re
with the .Downtown pec Report
P P P
to Section .151.82 .
FUNDING SOURCE:
Not applicable .
AirmimEitia•.
1 . Area map
2 . Monument Bond #3SM 701 360 00,
3 . Faithful Performance Bond O SIM 701 359 00
4 . Labor and Material Bond #3SM 701 359 00
DNL:PP: kl.a
RCA 9/8/87 + -3- (8968d)
f !+ r M2-0-CZ �'_• �!' RFd ' }
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HUNTINGTON D[AOi
HUNTINGTON BEACH PLANNING DIVISION
. bo:,�: No. 3 S M
701_361 00
• 7V ����� 2 026.00/ r. --
Security Bond
for payment of
PART: AND RECREATION IN-LIEU FEES
HBOC 9961 ,2
KNOW ALL MEN BY THESE PRESENTS, That we, Southridge Homes, a General Partnership
,as Principal, and
A`MERiCAN MOTORISTS INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Huntington Beach, California,
as Obligee, in the just and full sum of Sixty Seven Thousand Five Hundred Twenty► Six arid
52J100ths-----------------------------------Dollars ($ 67 ,526.52 ) ,lawful
money of the United States, for the payment of which, well and truly to be made, we
bind ourselves, our heirs, administrators, executors, successors and assigns, jointly .
and severally, firmly by these presents..
WHEREAS, Huntington Beach Ordinance Code Article 9961.2 permits deferral of park
and recreation fees upon submission and approval of a surety bond to guarantee
payment of such fees and
WHEREAS, the Principal and the Obligee have entered into an agreement whereby the
Principal agrees to pai a fee in lieu of park and recreation land dedication required
for Tract No. 13014 , a copy o,: the map and conditions for which are
hereby incorporated 'herein by this reference; and
I.. ?ERFAS, the Principal elects under the terms of the Ci ty's Park and Fecreation
Facilities Ordinance (ART 996B) , . o furnish a bond to defer payment of such tees
until :issuance or a Certificate of Occupancy or final inspection of the first
unit of the first phase or one year from the date of execution of this agreement ,
whichever comes first .
T•r.EREFO RE, if Lhe said Principal shall. well and truly do and perform all of
the covenants and oblications on its part to be dcne and pe riocned at the Limes
and in the manner specified therein, and pays all of such fees prior to the
issuance of a Certificate of Occupancy or final inspection of the first unit I
o: the first prase cir one year from the date of t? e execution of this agreement,
whichever comes first , then this obligation shall be null and void and of no
ei feet ; otherwise, it shall. _-o and remain in full force and effect .
In the event suit is brought upon this bend by the Obligee and judgment is recovered ,
the Surety shall pay all cc-ts incurred by :he Jb: igee in such suit , including
a reasonable attorney's fee to be fixed by the Court .
IN WITNESS INM REOF, this instrument has been duly executed by the Principal and
Surety above named on July 31 , 1987
Southridg Hosu � oaenera�,ya///ershlp
To FrOpYr
,tstorneY BY.`
Y.
AMMERI AN M0 R STS INSURANCE ' COMPANY
BY.
' BEVE Y MART N. Attorney-in-fact
NOTICE OF G;` ''LET I ON . W 1 TN CONDITIONS 0t `'F2ACTS
AUTHORIZATION FOR RELEASE FOR RECORDING
.
TO : CITY CLERK DATE � �
FROM : PUBLIC 'WORKS DEPARTMENT
Bruce Crosby
TRACT NO . DEVELOPER
CONDITIONS :
Deposit of fees for water , sewer , . . . .
drainage , engineering and inspection
Bond for Improvement . . . . . . . . . . -- .—
Signature of Agreernent . . . . . . . • • •�J —
Cert i f i crate c) f 1 nsuroncc . . . . . . . • r.
Iinnc1 for MonumonlF. . . . . . . . . . . .
,rh�►r ,r 10.1 f or• i a I 11ond . . . . . . . . .
S i gnoture
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE VOR RECORDING
Date
TO: City Clerk
FROM: PLANNING DIVISION
James W. Palin
TRACT NO.
PARCEL MAP NO. _
RECREATION & PARK FEES PAID �� r �42vl
OTHER:
(Signature)
,.F
t
Insurance 97Benefift Division i "ALF,
P.0.Box 100 CITY OF HUNTINGTON BEACH, CALIFORNIA
City Attorney
Huntinytan Beach,CA 02E48
A MUNICIPAL CORPORATION
This is to certify that the lolicies of Insurance as described 'below have been issued to the insured by the undersigned and are in force
at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 30 clays prior written notice, by mail, to City of Huntington Beach, Insurance and Benefits Division, P. O. Box 190, Huntington
Beach, California 92668.
Name of Insured
of Insured �yt ��'Address __� L`
Location of Work or Operations to be performed
' '��� ��
Description of Work or Operations `� r.."UtPAZ XS — -
.._...� ---__•sus_._._-��.�.._.-,. asr-r,_•�_ ,.t•.-•r•
POLICY DATES LIM:TS OF—LIABILITY artw of Insurance Co.&
POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(0001 Sell Insured Retention or
P Deductible.
GENERAL LIABILITY
[x) COMPREHENSIVE FORM T13P029009 4/7/87 4/7/08
I>`1 PREMISES—OPE7RATICUS S 1000 CSL CNA Ins. Co.
Each Occurance
18 EXPLOSION AND
COLLAPSE HAZARD
IX1 UNDERGROUND HAZARD
[h1 PRODUCTS COMPLETED
OPERATIONS HAZARD
1xl CONTRACTUAL INSURANCE
f<1 BROAD FORM PROPERTY
DAMAGE AUG n 1987
I
[x) INDEPENDENT
CONTRACTORS & QEREFITS
1 PROFESSIONAL LIABILITY/ f
ERRORS&OMISSIONS 1
AUTOMOBILE LIABILITY
[>J COMPREHENSIVE FORM BUA0290099 4/7/87 4/7/86
[ s OWUED 1000 cSl CNA I ns. Co.
Each Uccurence
[xl HIRED
kJ NON-OWNED
EXCESS LIABILITY
11 U`ABRELLA FORM $
I l . OTHER INSURANCE
COVERAGE
WORKERS'COMPENSATION
AND
Waiver of subrogation from W773670 7/1/87 /1/88 Homeland Ins. Co.
Workers'Compensation
Insuier.
Additianal Insured Endirsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding
worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,
committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or
employees of the City of Huntington Beach,when acting as such are additional insureds hereunder. Such insurance is primary and not
excess or cont0butinato any other insurance of the City of Huntington Beach. _
This certificate is itxued as a matter of Information.This certificate is not an insurance policy and dens not amend,nxtond or alter the coverago afforded
by the uolavies listed heroin.Notwithstanding any requirement;term or condition of any contract or other document with raspect tr which this certificate
of insurance may be issued or may pertain,the insurance afforded by the policies deseribod harein is subject to all the terms, exclusions and conditions of
such policies.
Staib Insurance Service � fart �.t_p �{UK•t.�'.ti�dtil) �Nf�:y�,c'(,s Ca.V.
Agency r, drokcraga Insurance Company
1601 F_ . Chapt-nan Ave. Fullerton, CA 92631
AM ress Rome Office
Horne of Pertsn to is Contacted ..... Authorized Signature Datd
(714 773-0444 NOTE:Authorized signature may be the agents if agent has placed insurance
Telephone number through an agency agreement with the insurer. If insurance is brokered,
authorized signature must be that of ion official of the insurances company.
SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT
a .
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.
Tha certificate you now have an file with the City will expire on me date shown on bottom of mailing label. Please hive your agent
submit an updated Certificate of Insurance,on this form prior to this expiration slate. 'Failure t - comply may result in the, cancellation
of your permit or license and the closing down of your operation or event. This is the only notice, of cancellation you wili receive from
the City of Huntington Beach.
THE CITY OF HUtITINCTON BEACh MUST BE AN ADW rIONAI. NAMEU INSUREO.
All Certiticates of Insurance should he mailed to the Insurance and Benefits Office, City of Huntington Beach, P. O. Box 190, Hunting-
ton Beach, California 92G48. If you have any questions, please call this office at 536.5990.
DEFENSE, INDEMNIFICATION AND HOLD HARMLE;S AGREEMENT
The undersigned Insured Contractor,(_a Soie Proprietor General Partnership/California Limited Partnership/California Corporation/
Other st circle the appropriate choice or fill in the blank) hereby agrees to defend,
indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter collectively referred to as
City) from any and all loss,damage, cult, expense, liability, claims, demands or judgments arising directly or indirectly out of the work.
project, evt:ttt or other purpose for. which the accompanying certificate of Insurance is provided, regardless of the aztive or passive
nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City.This
agreement extends to cover the actions and omisskins of third parties as well as those of the Insured Contractor (indemnitor) and the
City (indemnitees). The legal defense required by +,:is agreement shall be provided upon request by the City and at the sole expense of
the Insured Contractor. Any costs of deft:nse or attorneys'.fees incurred by City in enforcing this agreement shall be reimbursed to
City or may be awarders to City by a court o competent jurisdiction.
SIGNED: By: i Title: CYGdv�al�
By: _.._ Title:
If a Corporation, TWO OFFICERS must sign; or, in the a{:e;native, present satisfactory evidence of your authority to bind your
Corporation.
NO 6/86
I
I
CITY OF HUNTINGTON BEACH
Insurance& Benefits Division
r P.0. Box 190
�t�rwcrcr.of Huntington Beach, CA 92648
r
S . E . ' EATON COMPANY
Post Office Box 11971
Costa Mesa , California 92626
July 30 , 1987
I
City of Huntington Beach
.2000 .Main. Street
Huntington Beach , California 92648
Attention : Mr . Art Folger
City Attorney
Reference : Vista del Mat-
Tract Number 13014
Dear Mr . Fol ger :
Southridge Homes , the owner of the property of Tract 13014 , is
Conti-acting with my company , S . E . Eaton Company , for all street
improvements related to this project . I currently have a
$1 ,000 , 000 insurance policy on file with the City of Huntington
Beach . I agree to provide a Certificate of Insurance to the City
naming the City as additionally insured for the liability limits .
Sincerely ,
S . E . Eaton Company
&A
Wally merson