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HomeMy WebLinkAboutFinal Tract Map 13036 - Portion of TT 11769 - David Dahl - C REQUE6 FOR CITY COUNCIL- AC,rJ. N Date May 18, 1992 I ' Submitted to: Hom cable Mayor and City Council Submitted by: -- ,... . Michael T. Uberuaga, City Administra r „� Prepared by: �p ,irpa.ovt;vIly CyrCyry (,oUNCII, Louis F. Sandoval, DIrector of Public Works Subject: GUARANTEE & WARRANTY BOND-TRACT 13036 ��` l�c:4� e�C: i Consistent with Council Policy? ( ] yes ( ) Now Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: One year hao, elapsed since the acceptance of Improvements for Tract No. 13036. The fSubdivider is requesting release of the Guarantee and Warranty Bond posted x this project. 1 B�.�c�wFaynA . 1. ,Release Guarantee and Warranty Bond No. SUR 03 69 71 2. Iixtrsct the City Clerk to notify the Developer and the City Treasurer of this action. i Subdivider: Central Park #S, 50S IValboa Avenue, Balboa Island, CA 92662 Engineer: tinier Engineering 2140 Chapman, #F104, Orange, CA 92668 Location: 5/0 Ellis, W/O Golden West Lott: is i Acreage: 4.999 Acres Zane: 0-111-{3)-O-CD-6, 000 This Tract has been constructed In substantial conformance with the plaits and specifications on file in the Departraent of Public Works. Public improvements constructed for this project were accepted by the City Cc moil on May 20, 1991. A one year Guarantee and Warranty Bond was posted by the Subdivider in accordance with Government Cask Section 66499.3 (d), A final inspection has been conducted and there is no apparent deficiency in the public Improvements constructed for this project. FUNDING NQURCE: None ALTERNA33VE _CTlON: N/A A'EA_ChIM M: Section District Map 1 MTU:LFS:BPC:gd 322?S11S i P!0 51l15 a i I.CT101'.1A1 DISTR MAF 34-5-II OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP E t.rrn,r,r ctxlu:ns:t r t,, Y� Ij 1 i I 1 I ; n-1.T I _ 4 rh + �=� • ! 1 �_1 l - I . rZ CARc1ELC •„ „ av[. _. a REQUES FOR CI ty COUNCIL CTION Date May 20, 19 1 Submitted to: Honorab!e Mayor and City Council Submitted by: 140ch2el T. Uberuaga, City Administrato Prepared by: APPROVED 13Y CITY C:OUl7CIL Louis F. Sandoval, Director of Public Works �//�/♦ r .wdi 45—r � ty./•I• Subject: NOTICE OF COMPLETION TRACT 13036 ConVitent with Council Policy? [ Yes [ ] New Policy or Exception Statement of issue, Recommendation,Analysis, Fundinq Source,Alternative Actions,Attachments: STATEbIEN OF iSSUC: Central Park #5 has completed all street Improvements for Tract 13036 and is requesting release by the City, as required by Section 664911.7 of the Subdivision Map Act. RECOlutluMA71ON: 1. Accept the improvements dedic-ated for public use. .Z 2. Release the Faithful Performa:ice Bond. /I 3. Release the Monument Bond 4. Accept guarantee and warranty bond numbers 942940E and 942942S. 5. Instruct the City Clerk to notify tre developer ani the City Treasurer to notify the bonding company of this action. ANALY : Subdivider: Central Park #t5, 505 Balboa Avenue, Balboa Island, CA 92662 Engineer: Inder Engineering, 2149 Chapman, #104, Orange, CA 92668 Location: S/o Ellis, W/o Golden West Lots: 15 Acreage: 4.999 Zone: Q—RI-{3}-0-CDr-6, 000 ATIA.0 MMIS: Sectional District M.ap This tract has been constructed in substantial accordance with the plans and specifications on file In the Department of Public Works. MTU:LFS:ASB:dw 2929g/16 i t.� t �i�sroe i F � Er10 r NAL DISTRI•C" MAP 34-5-1I .. CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP .ram`• ..r-�� h' —J —..—' � nr•.� � , - All Jt - _1� _ -l�' CF R 'K 1 ` ' i I / I QApFI[lB AVE. • Office of the City Cidrit City of Huntington Beach ? E%%'a R T ' "�! �F,` _fir "• `'; P.C.Box M CALIFaRNIA 9261$ FIRST C f. -I S j MAIL f Central Pa e5 '" `� '�� 4t► 505 Halbo Ave9� :505 f C, 6p_ Balboa Is Ay6f#( IIlI!!!lI.IlII!!!ii!!!!I!I!I!I!I "DUPLICATE ORIGINALS" Bond Number: SUR 03 69 91 BY; L'"' ' r•�"" Premium: INCLUDED =�' %'�'�' 42 -01- JONp EQR GVARANTEE AND VABRAM OF IMPR Y$MLNTg WHEREAS, the City Council of the 4YTY OF K2NTIkJ9TX BEACH , State of California, and Cr)iT_AAL PRA 9 I. -A Ch LTD PA TNT, SHIP hereinafter designated as "Principal", -have entered into agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as project TElpt .go. 1393 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is roquired under the terms of said agreement to fu-nish a bond for the guarantee and warranty of the work for a period of 1. yem_ar , following the completion and acceptance thereof, against any defective work or labor done, or f defective materials furnished; NOW, THEREFORE, we Principal and GOLDEN EAGLE INBURkWCB COMPANY, as Surety, are held and firmly bound unto ,MTY OF ggf�yyiw��G±±{�l�'Io�gi.��1a� gAg�'�a,N ,41h�er�einaf�te/r called "City", in the penal sum Of EIGH�+LHOUSAER EI Y Nfi D OQZLRn----------------------------wr- --;(� ►.Qso.QQ•--) , lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, f -our heirs, successors, executors, and administrators, Jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, a::ecutors, administrators, successors or assigns, shall in all things stand to and abide by, and wall and truly keep and perform the covenants, conditions and provisions .in the said agreement and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to *heir true intent and meaning, and shall indemnify and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. ACKNOWLEDGEMENT OF SURETY SLATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 811i DAY OF NOVEM ER 19$9 BEFORE ME PERSONALLY APPEARED ANNE BURDEAII KNOWN TO ME TO BE(OR PROVED TO ME AN THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN EAGLE I INSURANCE COMPANY,AND ACKNOWLEDGED TO ME THAT HEISHE EXECUTED THE WITHIN INSTRUMENT, i i IN WITNESS WHEREOF,I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR f IN THIS CERTIFICATE FIRST WRITTEN ABOVE. OFFICuL Ste. ERIN HEBEFI1� NWAAY FOX CAS SIM�-5♦fie % PoNowa 01 lCE 94 • _•"ems.• /AY F.+� AJ071 199� 1 i l i it The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the cork to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and -it sloes hereby wAve notice of any such change, extension of time, altayration or addition to the terms of the agreement or to the work or to the specifications. ! IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above tamed, on _Qygmbar 2, 1989 . Name of Principal: CENTRAL p>wRRKX l5.,,h Ch LTP H.I;RBHZP I Address: By: Principal Surety: 90LIDEM EAGLI INDURbECE COMPM Address: - 2 BY: J Anne Bur eau, Attorney-in--Fact i I (MOTE:_Acknowledgemt as of Exe!Cu&jgnb Prngl2al, gnd.,NUret i be attached.) 4 l ( STATE OF CALIFM, A SS. i COUH rY OF day 01._ � 1 til� � ' , in the year 19� �t I�t#tare Ur1 �1�d. a Nara►y PUDIIC in and for said State, personally appeared r - y�•. OFFICML SFAL parsQn=Ily known to It+e U"Y pE5FOT (or pr0red to me on me basis of s;tlstxtoryr idence)to be the person who exeeutut u tKOTAa�r i�lfstiC'ers�irr;r�"� `• wdh:n instrument on hallo h Ivnr 'LWNs• Panntr,hip nameO therein,and ackrrorr• w�� MN M 1!!r I-agm to me that thet'iIrEd Ponne►snip executed it. WITNESS my hand a,:d ott:riat eat I � ti.r:NuDCr[rt-rrrrr r t.•.;a►rrwr+o-r.*Ny rr-: �-�r. �; Lary Pubb in and for said State. � <'�1 v"C4COrtf w: rrvew��t� • Carl PAaLR MUMM CLIWIIMY lXkKUMM (lb' IMS Ssa anew. CiaLrornia YOM lM /IQ'1tWW tOWW ALL M BY TVM PRESM. That the Gulden EQle: Insuraroe Cory, a Corporation duly orguitxed and existing under the lames of the State of California. twting its principal office in flee City of sdn Diego, Cultraff is daes hereby nominate, *xwtitute: and nppolnt: --w> Aft£ tiNi M of San Diego. California <--- its u%c and lawful agent and attwTrey-intact. to &ak*. exxate, seal and del!-.iw for and on its behalf ar surety, bonds. consents of surety. and undertakings in suretybhip provietual, how wr, Uum the penal sun of cry or* such insttvsent emmud herwrder shall not sacred the sue of sty wed all bonds end undwtnkings, provldw the warrant of no are bind or undertaking tweeds five million doll"I t35,0a0.0O0y. This pmaw of attorney is grar%Awl and Its signred and mmleyd by fwsialle urXder and by thu authority of the following Rewalution acbpted toy the Board of Directors of Uw Colon% Eiele: Insuranx Coma y at r scentiryi duly railed and held an April 10, IW4 which said Rasolutlon han not tern ababdia1 or rescinded e:td of •leich it%-. following is a true. full and coWleze Dopy. wF2% M: Vat the President w Seareury my from time to time aWoInt Attorneys•In-Fwt to r+epreaent and act for And on behalf of the Cogwny, and ether the President or Semtary, the Bwd of Directom or EXWUtive OWPI tee MW At cry time move such Attorneys-Inc-Fact and revoke the Power of Attorney given hiar or twr: and be it further "RE9017VEn: That the Attonwys-ln-Fact my be given full paccr to execute for aril in the name of nerd an bdWf of the CompwW wV-atd tali bonds and uttL;ertakings as U& busin m of tte Company may require. wd cry wch bands or wder u*irys t ortad by ary ruc1 Attorney-In-Fact shall be bindUe upon the Company as if sigtreal by the Pbesidalt and sealed and attested by the Sccrttary." 1M WITNESS tettFAW, tier said Coldexr Engle Insurarrou Co■patty his criusw these pmowts to be ereoAnd by its office.^, with ltet am amte real affixal, this AW 10. JW7 CMM r SI'A'IE CF CAURMLA SE: W Ct71.M OF SSAM GEMS by: Ili •1 E. J Pt�rsiderct On thls 10th deny of May. 1987, before r1a "scrMar, a tbtwy lie of the tate CalifornUz. In end for the Ca�ty of Sin Diego, duly ommisstonrmd and gialified. came Kiche E. Uw%, Pr - t, of GDU*N FX,LE INSLF,MCe to se! personslly krcm to be the iniividwa.l and off r dracribdd In aid Ww exewt"d the psrnoedlry in%U want end he acdQrvlydpd the errw:tlon of tin soete, and Witp by am duly worn, tic•p wth :nd saith, tint he: Is clot said officer of tte Caepmy aforesaid. and Out tict sot- affLwd to the prwooiing inlstruftnt to tl.e rnramute S�1 of the said Ccap , and that flee said Corponnite Sa►i aW his sionture as amch officer were duly af! ,d and nbscrit�d to tta saI IrwUvwnt by the rsuttiorlty and dlrecticrr of tie said Conanation. IN KIMS kWJWF, I tuvo hemrito set ixd my Official Seal, at the City of Seri Diego, the day tnd year fltut "it wt•ltttln. U„ :u.a.I•a S1A E CF GILIFOMIji �� hGS�Awn :D 1nHI toGaxr tEu00t Oa ,O MY OF SAN DIEU. C-4- 11990rr tflN. CXP. 0C1. , MaA _ +• '� - ------- Notary Pub)IC I the hndersigneei, Larry C. lirnbee, 5=vtauy of flit Golden Eagle Irmunanoe Caspany. do hererby certify thmt the original FOMR CP Anl3ftY. of QUch the foMoin g is a full, true estid currect aVyr, is in full force aA effect. aid has rot perm m aced. IN MrMW HHEWXF I have hereunto subscribed may nano as Secretary, and aff tt* Cwwate Seal of the Ce pomt1w. this 11TH dud of _ NU MBi R 19 82 LAW G. YAEEE Secre taty a 1 jj"le CITY OF HUNTINGTON BEACH -:1-:119 2000 MAIN S'TREE'T CALIFORMA 92648 OFFICE OF THE CITY CLERK December if 1987 Orange Coast Title 640 N. Tustin Ave. Santa Ana, CA f Attention: Subdivion Officer f RE: Tract Map No. 13036 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. U. Box 190, Huntington Beach, ! California 92648. Alicia M. Wentworth City Clerk AM:bt Enclosure Received by Dated I i I 1 skptxm@,.71 d-83&52271 1 NOTICE Or COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: COMMUN17 Y DEVELOPMENT Douglas N. L a Belle TRACT NO. `- PARCEL MAP NO. RECREATION dr PARK FEES PAID '�l .:�� � 7 7L� OTHER uglas La Belle '. .__-._.—w.,.,.,�,_. __ .+r. .... ...�4. .... a... . w. 1ti. i....'.r`JiJ4aiidlw+•7e.1^G*t`a t++a.m r...nMR� S. I NOTICE Or eXr'NPI-E T i oFJ WITH CONDITIONS (,}fir, TRACTS AUTHORIZATION FOR RELEASE FOR PECORh I NG, TO: CITY CLEF. 0AIi FROM: PUBLIC WORKS, DEPAkTm m Bruce Crosby TRACT N0.1��r;G• _ UE V F. I.OP E RMT_- _ —�-� - cow) ITIONS : Deposit of fees for water, sews; - dra i nage , enri i neer i ng and i nspoct icon ==_-""-_— Bond for I mprovemen i . . . . . . . . . . Siyn,itur.• of A,jr-ttoment . . . . . . . . . Corl i f ia-.1t,a (,f In..0 rn V . . . . . . . I14,na1 f air �•t, nur a•n ! I .rlaa�r .1 f•t.r t ,•r i .� I I�ian,I !• 'A.) City of Huntington Beach PM P.O. fox 160 CALIFORNIA It 4 OFFICE OF THE CITY CLERK December 1 , 1987 David Dahl 505 Balboi Avenue Balboa Island, CA 92662 Gentlemen: The City Council of i3untingtor. Beach, at its regular meeting held Monday, Nav r Approved the Subdivision Agreement fo: Tract. Wu are enulo.sing her#-!with a duly executed copy for your fiIts. Sinc•-,rely, Alicia M. Wentworth City Clerk j AMW:pr Enclosure i 1 _ REOUEtOr FOR CITY CC3 M I4 ACTION November 16, 1987 Dots Submitted to,. Honorable Mayor and City Council Submitted by: Paul Cook, Acting City Administrator Douglas 17. La Belle, Director, Community Development s Prepared by: FINAL TRACT MAP 13036, BEING A PORTION OF TENTATIVE. Subject. TRACT NO. 11769, AND BONDS AND AGREEMENTS-f vE0, ' �Vur:G��• 13036 ,�t t•ctu � . Consistent witty Council Policy? (✓I Yet ( J Now Policy or Exc tionT -- Ps6i , Statement of issue, Recommendation, Analysis, Funding Source, Altsrna ' tments: j The final map of Tract No. 13036 being a portion of Tentative Tract ` No. 11769, located on the south side of. Ellis Avenue approximately 4 660 feet west of Goldenwest Street, has been submitted to the City Council for approval . Tentative Tract No. 11769 will expire on rebruary 18, 1989 . I ' I � 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 s:tbject to completicri of requirements shown. 4 . Instruct the City Clerk to not affix her to the map nor release it for preliminary processing by ci'c County of Orange or for recordation until the followirr cunditions have been complied with: a. A ceRtificate of Insurance shall be submitted; b. Subdivision Agreement; c. Drainage for the: subdivision shall be approved by the Department of Public Works . PIo 5180 d. 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. ! e. Payment of Park and Recreation fees. 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 a.: :ept the subdivision agreements and in3trucrt the City Clerk to the one copy and return the second to the subdivider. a. Faithful Performance Bond No. S1:R 03 69 71 b. Labor and Material Bond No. SUR 03 69 71 c. Monument Bond No. SUR 03 69 72 6. Prior to issuance of the first rnililding permit: the applicant shall submit recorded co-3ies of required easements. a. Access between Lots 11 and 12 b. Equestrian Trails YSYS: i SUBDIVIDER: David Dahl 505 Balboa Avenue Balboa Island, California 92662 ENGINEER: Inder Engineering 2140 W. Chapman Avenue, Suite 104 Orange, California 92668 LOCATION: South side of Ellis Avenue, 660 feet west of Goldenwest Street. I ACREAGE: 4 .999 acres LOTS: 15 and A, B, C, D, and E NO. OF UNITS: 15 ZONE: Q-RI-(3)-O-CD-61000 GENERAL PLAN: Estate Resident (3 du/acre) P-LI&M ON The map has teen 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 - 3.1/16/87 -2- (9400d) I 1 EIYY IJR MZII 'AI, ET E: This action to accept Final Map No. 13036 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . i On February 18, 1987, the Planning Commission approved Negative Declaration No. 86-64 for the project itself. Not applicable. ATTTA0292m: 1. Area map 2. Subdivision Agreement 3. Monument Bond No. SUR 03 69 72 4 . Faithful Performance Bond No. SUR 03 69 71 5. Labor and Material Bond No. SUR 03 69 71 DNL:PP:kla I i I I RCA -- 11/16!87 -3- (9400d) Rl -RA-0-CD R1 t� !� : trfr[l�iver^1 RA-0-CD �. 1- CF -CD/ 1 _ MI-0-CD R2 J •� U D W� .0 O CJ 1 RA—CD ,tlo� RA-0 ?' '°° RA-0-CDl - { RA- :4. Rac.ro a Q' 'N „.. h12 t I a+�c.ra :1 , 1{ )R+C tl�t3 A900 '1 ,r RA•CO.: I`� u � MI-0 i t 4 RA-0 ' �3 a i l0 R1_{2TY 0"P(m,t, r ` ... RA —01 li RA-0 ►v o Of RA-G .•r L' :a` —1, �-'�� ;ram=. I• t o•c1 1 �A Of-CZ Ml-0 s . I.An- 4 , �A-a ` PA-a RA•o-CD C! mi-oi1I1 ' 1 R5 i A olaw Li j to I HUMINGTOPI MACH !`ti!`NN G GIVISM I i SUBDIVISION AGREEMENT THIS AGREF,;,.611T is entered into this __&& day of ►,�,, h,��,,..._ , 1987 , by and between CI iY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ," and CENTRAL PARK #5, a California Limited partnership, hereinafter referred to as "SUBDIVIDER. " 1 i RECITALS WHEREAS, SUBDIVIDER is the owner of a tract: of land in CITY, III, which it is seeking to subdivide into lots and to dedicate? certain I streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 11769; and As a condition of the approval of said subdivision map and the acceptance of the dedication of the streets, alleys, and other j improvements in said subdivision, SUBDIVIDER is required to enter into an agreement with CITY to do and perform the work hereinafter I specified and to eAecute and deliver to CITY bonds for the faithful performance of said agreement , for the paymen" of all i labor and material in connection therewith, and for the guarantee i and warranty nf the work for a period of one ( 1 ) year following completion and acceptance thereof against any defect in work or i labor done, or defective materials furnished, as required by Sections 66499 and 66499.2 of the Government Code of the State of California, and Article 997 of C.ITY 's ordinance code; and The estimated cost of such improvements is the sum of $259, 500.00; NOW, THEREFORE, in consideration of the promises and agreements of trQ parties as herein set Forth, the parties agree as follows: 1 . GENERAL STREET COIISTRUCTIO14 SUBDIVIDER does hereby agree to do and perform the following wink in said tract : The constriction 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 l«terals and installation of meters; engineering co ts; and any miscellaneous requirements as may be set forth in Chapter 99 of CITY 'S ordinance code, and all of which said work stall 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 and all of which work shall be done at the sole cost and expense of SUBDIVID:;R aad as a condition for the approval of said map and 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 shall be paid. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway ,improvements, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract. -2- 4 r- 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 SUBDIVIDER shall r:� : rnfully perform all of the work agreed herein to be done by SUBDIVIDER and shall fully indemnif; and save harmless CITY from all cost and damage which it may cutfer by reason of failure so to do and shall fully reimburse and repay CITY all outlay and ';�xpense which CITY may incur in making good any such default . 5 . INSURANCE SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUB- DIVIDER at: SUBDIVIDER'S sole expense, a protective liability policy in which CITY is named as an additional insur-A . The policy shall insure CITY, its officers and employees against loss, damage or expense by reason of any suits, claims, demands, judgments and i causes of action caused by SUBDIVIDER, his employees, agents, SLU- contractors, or by any third party arising out of or in consequence of SUBDIVIDER'S performance of the agreement, except where such loss, damage or expense is caused solely by the wrongful acts of CITY, its agents, officers or employees in connection with the general supervision or direction of the work to be performed under this agreement . The policy shall provide for not less than the following amounts: �3- Combined single limit bodily injury and/or property damage including product; liability: $1 ,000,000 combiner: single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Formapproved by the National Bureau Iof Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arcarge for the policies to be so conditioned as to c.:ver the performance of extra or unforeseen work, should such %,,,..k 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. In addition, SUBDIVIDER chall furnish evidence of a commitment by the insurance company to notify CITY of the expiration or cancellation of any of the insurance r)olicies required hereunder + not IeFs than thirty (30) days before Cacti expiration or cancellation is effective. 6 . WORKRRS ' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the workers ' Compensation Insurance and Safety Acts of the State of California, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including atcorney 's fees and routs, presented, brought or recovered against CITY , for or on account of any liability under any of said acts -4- which may be incurred by reason of any work to be performed by SUBDIVIDER under this agreement , and shall provide to CITY evidence of Workers ' Compensation Insurance satisfactory to the City Attorney. 7 . INDEMNIEICA'PIOII AND BOLD HARMLESS SU3DIVIDER hereby agr-es to defend, indemnify and hold fharmless CIT", its officers, employees and servants from any and all loss, damage, zost, expense, liability, claims, demands or judgments arising directly or indirectly out of thq work or project, regardless of the active or passive nature of any negligence by CITY except when such liability arises from the sole negligence or wrongful misconduct of CITY . This agreement axtends to cover the actions and omissions of third parties as well as those ui: SUB- DIVIDER and CITY. The legal d.:fense required by this agreement shall be provided upon reviest 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 jurtidiction. 8 . PUBLIC WARNING AND PROTECTION I SUBDIVIDER shall at all times until acceptance by City Council of th€ streets and highways offered for dedication in said work or improvement by said Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said highways or any of them, and will protect the traveling public from such defective or dangerous conditions. It is understood and agreed that until the completion of all . he improvements nerein agreed to be performed, each of said highways riot accepted an improved shall be under the charge of SUBDIVIDER for -5_ 4b { STfrE Of CAUK)RNIA ss i Coupii'Y Cr O FtTi1:C i On Of___ .� r r' i{L,I� 19.B Z...tWore me.ltle urdrr%VW �t pc� �y A Nowyl�L 1 lU. 1 1 L" and Stale.pursm3gy Kvo&vd_ .. ��ersc,r xy known to me(a proved to me an the be**of aatiblaclary&Adwxv) Gi:NI:R11I. I`AR'IINLIZ rig ttw pal trwrs of the pu!narship npt:If:IA L SC.1Im that assoAfd the miNn instrument.hnd ackno«Ied od to nw that ELIZABETH S C�OOG UWASt/ r'UCLIC-CALJFG I such pattr*rgV or.6cutud the s ris CRWU CUM Y�tTNESS my lt-:rtd a.'d oft3a!Beal trig camel. eipirest APR 2 t Mtuto 17hs 4164 for o IKJ41*Owl �y`� v �l I I the purpose of this contract , and SUBDIVIDER may close all or a portion of any street whenever it is necessary to protect the travelinq public during the making of the improvements herein agreed to be rude. 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 rjt in any bond given to secure the performance hereof, a reasonable attorneylz 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: I CLNTRAL F ARK J 5 A California Limited partnership Davin D. Dahl Maya . ATTEST: APPROVED AS TO CORM: R r Y City Clerk Cit Attorney, REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works -6- FETON TO: CERTIFICATE OF INSURANCE 10� A" D AS TO FORM City of Huntington Beach TO .�/r Insurance i Benefits Divisions P.O.so);100 CITY OF HUNTINGfON BEACH, CALIFORNIA CayAtto►ney montington69Kh,CA4WAS A MUNICIPAL CORPORATION This is to certify that the policies of Inwrance as described below have been issued to the insured by the undersigned and are in force at this time. If these po!icies am cancelled or ;hanged in such a manner that will affect this certificate,the insurance compirny agrees to givc 30 days prior written notice,by mail,to City of Huntington Beacli,Insurcnce and Benefits Division,F.0.Box 190,Huntington Beach,Cstifornie 92"S. Central Park 95 a California LTD Partnership - Name of Insured - -- Address of Insured 505 Pis r �a e , 2 41 l2n a,...i'r11 i for i3 j j a Location of Work or Operat!ons to be perforrtled tract 130 36 lots 1 - 15 lluntington beach_ Calif:. i Description of Work or Operations course of con s t r ue t f or" y_,�._.-_.._.....,:�c.w:zzr_.----•-.•-::;s�-aa.ucss:.s.sX.a:si�-v�=':*�-xsxrca=rszst-s=.�rs:zs::.�.:=•.-c�rs�x�—s-ss--rs;.=_>=..;..�s-s_.-r�-a-••.^-•^-�-••_+•-�+�-¢ POLICY DAMS LiMITS OF LIAYILITY Nenw of Iruiurence Ca.6 POLICIES IN hORCE POLICY NO. Effective Fsrpirntion In Thousands(DW) 3+if Iruwed Ratdntiore or , i GENERAL LIABILITY I I COMPIEHENSIVE FORM 14923620 5-5-87 5-5-8F3 1,000,000. ( ) PREMISES—OPERATIONS t3 CSL i 1 1 EXPLOSION AND �-rle Orwenoe COLLAM HAZARD i 1I UNDERGROUND HAZARD , 1 i PROOtAC'tE tX111APLET64 i OPERATION:HAZARD i ( I CONTRACTUAL INSURANCE i i 11 BROAD F04M PROFkRTY i DAMAQ1 i t 1 INOErr•NacwT CON tRACTORS i i I rVOTENI NAL LIARILiTYU f lit"O"ss S 014111 0146 AUTOMOBILE LIABILITY • I 11 COMPREHENSIVE FORM ( I OWNED U.__.._...�.....,..._CSL ' I 1 HIRED INA WWAWW 11 WIN—OWNED r f EXCESS LIABILITY w i 11 UMSACLLA FORM If OTHER INSURANCE 90594391 i3--20-8 B-20-8 Fire, E.C. r COVERAAE Special. for Y WORXERS'COWENSATIOM 776210-86 1-1-87 1-1-88 AND Rilaieslr of nrbmantian frrtn III IWwIters'Co"wansetien Irsnnee. AdNtk►nal Insured Endorsement: Tim insurer agroos to provide an endorsement to each policy shown abort as follows (etlrluding worker's comp.) The insurer agre.s that five City of F innton Beach and its City Council,and/or all City Council appointed groups, committees, commiss;ont, boards at-A any othet Cit) ,ouncil appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Baa:h,when acting as such are additional insureds het-undet.Such insurance is nrimaty and not excess or contributing to any other insurance of the City of Huntington Beach. This usnifieete is iru%l,e a matter of info-nw:ien.This cwtificate is not an insurance policy and do"not■mend,a%I"or altar the coverW afforded by the poireies Mated horsin.Nomirhstanding any mquirernant,than or condition of any contract or other document with rtrt►ect to which this cr. dicato of inswance nwy be issued or may pertain,tw Inwraruce&Hordod by the polacivs dseeribW harain it subject to all it*terms, eaeluslons and conditions of anti►11116bow. Sandy 11ocki_nq ^arrners Insurance Company Agsrscy at 1INkem# trnurrnp CcIrnpanY 17744 SkvEA1=.k Cir- Suite Tri Trv--i,.0 - >� 0 rrw as // ,� Sandy Hocking �. i�� ��-!r'�fr''� i/' ij �f' i;" Nome erf "te: 4—~—Q Aintwired 19notues 71.4 261-9060 — NOTE:Authorirwfvgneturemsy13 /t,egentsIt Telephone number through an eti hot insurance apsnCY agreertnent vsltp'the insurer. Iff ins��rtnce ce its brokar,d, suthorirKl sie.wture court be that of:nt official of the insurance,compsnv. i i SEE.nEVERSE SIDE FOR HOLD HARMLESS AGREEMENT Th,s City of Huntington Beach requires by ordinance that a Certificita of Insuranck: be on file with us for the issuance of a permit ur license;and that it he kept current for as long as that permit or license is in force. The certificate you now have on file with flu City will expire on the date shown okt bottnm of rriilirxj label.Please have your agent sribmit an updated Certificate of Insurance,on this form prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of yojr operation or event.This is the only notice of cancellation you will receive from ft*City of Huntington Beac%' THE CITY OF HUNTINGTON IJE,aCH MUST BE AN ADDITIONAL NAMED INSURED, All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntirs!tton Beach,P.0.Box 190, Hunting. ton Beach,California 926".If you have any questions,please call this office at 536.5990. DEFENSE,INDEMNIFICATION AND HOLD HARMLESS AGREEMENT Thor undersigned Insured Contractor, a Sole Proprietor/General Partnership/California Limited Partnership/Califtrnis Corporation/ 01hrer (you must circle the appropriate choice or fill in the Flank) hereby agrees to defend, indemnify and hold harmless the City of Huntington Beach, its officers,employees and servants(hereinafter collectively Warred to es City)from airy and all loss,damape,cost,expense,liability,claims,demands or judgrnentt#citing directly or indirectly out of the work, project, event or other purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any nooligen" by City aucept when such liability arises from the sole noglipenee or wrongful misconduct of the C!;V.This aUralment extends to cover the ar.f;ons and omissions of third partis s well as those of the Insured Contractor (indemnitor) and the City (in1vntnitees). The h I del bred try this agreement thVI be provided upon request by ttw City and at the sole expense of the Insured Contractor. AnY. Ili of �r s4"t invsrrefi by City in enforcing this agree ent shall be reimbursed to City or may ba etwarcW to'City by a pourt compelTjurisdlction. SIGNED: By: 'J Title: Title: If a Corporation, O OFFICERS must sign; or, in Tile oitarrsative, present satisfkctory evidence of your authority to hint: your rorparatk n. 1 Flo erne t CITY OF HUNTINGTON BEACH Insurance rL Benefits Division P.O.Box Igo Huntington Stach,CA 92648