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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) **x***t****•k#Yr•ktY*x*******t*#****x********x*t****1'*A'#**i#**!*!**•►**#***k****#**#*1r#****tF 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. i , +tt*ttww*tttxttxi#rlrrf#x**xt*x**rt*x#tt*#+*t.**x#twtAtt tr ttr tlr rift xttx*txtxv*t.wf xtt:efx#e 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 t ♦�\ bye` •�♦�+ � � t J*, 3 + i-\ \+ ♦j+ ,�', \`V.fit`\'' ~�' ''''l'�• n � J � �• ,.♦ �• •h ;:ti�.• :fir' 't ;. /CF-R •'' I •�•, off `7 `\,,�� Y '.,�. �: `�. .\, ',`. '7 \� it �n `�:• +�' t it �\� „��;.• �'' ,,r���\, ,• ;`,• \� � � •���,�;ter /l 4�1 ` .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 nn� t ll 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- r (/ 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 - r Q� 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 l BPC:ik Y. rn��t 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 ' } �? 4► Q� ., 1 CF-E A • .! is _ *y1 �� � + L 'l� • � fllCf[IlM 4 r , •. I — e / R .ova r at t iRvM b �.or• S� i � C-A 0 1:4 J. 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