HomeMy WebLinkAboutFinal Tract Map 13087 - All of TT 13087 - S.Y. Kimball, Bett SUBDIVISIO14 AGREEMENT BY AND BETWEEN THE
CITY OF 119NTINGTON BEACH AND S.Y . KIMBALL, BETTY R. KIMBALL,
JEFF D. .KIlSHALL, TItACY S. KIMBALL AND SCOTT R. KIMBALL
FOR TRACT N0, 13087
PHIS AGREEMENT is entered into this Aol, day
F*1*4411
of ,, 1983, by and between CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY, " and S.Y . KIMBALL, BETTY R. KIMBALL, JEFF D.
KIMBALL, TRACY S. KIMBALL, SCOTT R. KIMBALL, DBA KIMBALL
DEVELOPMENT, a Califo, nia general partnership, hereinafter
referred tc as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER i- the owner of a tract of land in CITY,
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which it is seeking to subdivide into lots and to dedicate certain
streets, alleys, and other improvements therein to public use, and
is about to file with CITY a map of the tract of land known as
Tract mo. 13067 , and
IC As a condition of the approval of and prior to the recordation
I of said subdivision map, subdivider is required to improve and
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1 dedicate the streets, alleys, and to perform certain other
improvements in said subdivisir,n, and
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SUBDIVIDER desires to enter into an agreement with CITY to
oelay 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
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all labor and material in connection t:.?rewith, and for the
guarantee and warranty of the work for a perinO of one ( 1 ) year
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following completion and acceptance thereof against any defect in
work or labor done, cr 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 Qnd
agreement] of the parties as nere::n set forth, the parties agree
as follows:
1 . GENERAL STREET CONSTRUCTION
SUBDIVIDER does hereby agree to do and perform the
fallowing ;pork in said tract:
All conditions of the tract map not completed at the time
of tha recordation thereof to include, but not limited to, the
construction of streets, including) excavation, paving, eurbn,
gutters, sidewalks, trees, landscaping, etc. , Bewers, including
construction of main lines aria lot laterals ano structures; street
lights, street signs, construction of domestic water system
including the construction of .later mains, lot laterals and
installation of meters; engineering costs; and any miscellaneous
requirements as may be set forth in CITY 'S codes. All of said
work shall be done and performed in accordance with plans,
:specifications and profiles which have been approved by the City
Engineer and filed in the office of the City Engineer . All of
work shall be done at the sole cost and expense of SUBDIVIDER, the
acceptance of the dedication of said streets, alleys and other
improvements, and said work shall be completed on or before two
(2) years from the date hereof, and all labor and material bills
therefor shall have been paid by SUBDIVIDER.
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1. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway
improvements, including perimeter walls and landscaping required
by conditions of the tract map, prioi to release or connection of
utilities for occupancy for any lot in the Tract .
3. GUARANTEE
SUBDIVIDER shall guarantee all work mitt material required
to fulfill his obligation as :Mated herein for a period of one (1 )
year following the Fate of City Council acceptance of. same. I
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4 . FAITHFUL PERFORMANCE A11D SECURITY
In accordanct- with Huntington Beach Ordinance Code
(HBOC) , Article 997 , upon execution hereof SUBDIVIDER shall
deposit with the City Treasurer the sum of One Hundred Fifty One
Thousand ana no/100 Dollars ($151,000.00) , as prescribed by 11BCC
Section 99 /0, which security is given to CITY to insure faithful
performance of this Agreement and of all of the conditions of the
Tract Map. The deposit may be by corporate :surety bond, cash or
other approved foim of improvement security. All bonds and other
forms of deposit shall to 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
subscicuted security is acceptable to the City Attorney; however, I
any bond or other security given in -atisfaction of this condition I
shall remain in full force and effect until the •cork of
improvemen'* is finally accepted by CITY and SUBDIVIDER may be
required by CITY to Provide a sabstit.ute security at any time .
5. INSURANCE
SUBDIVIDER agrees to furni;;h to CITY and sintain in
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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 rr...son of any suits, claims,
demands, judgments and causes of action arising out of the work
herein agreed to be performed by SUBDIVIDER, including liability
arising from the acts or omissions of CITY or third parties. The
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policy shall provide coverage in not less than the following
amount a:
Combined single limit bodily injury and/or
property damage including products liability:
$1,000,900 combined single limit per
occurrp:ice.
{' Such policy shall provide coverage at least as broad as
f
! that provide% in the Standard Form appr,)ved by the National Bureau
of Casualty Underwriters, together ..ith 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.
A certificate of insurance shall be furnished by the
insurance carrier to the CITY upon execution of this agreement by
SUBDIVIDER. Such certificate shall provide that the insurance
carrier notify CITY of the expiration or cancellation or any of
the insurance policies required her -under not less than thirty
(30 ) days before each expiration o- cancellation is effective.
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The certificate of insurance shall evidence the requireC
additional insured ejidorsement, and is subject to approvai as to
form by the City Attorney. This agreement is void and of no
effect until such approval is obtained from the City Attorney.
6. WORKERS' COMPENSATION
SUBDIVIDER shall comply with all of the provisions of the
Workers' Compensation Insurance and Safety Acts of the state of
California, in regard to my workmen employed in the wor), to be
performed hereunder, 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 attorneys 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 ty reason
if any work to be performed pursuant this agreement oy any person
or entity including CITY, and shall provide to CITY evidence of
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workers' Compensation Insurance satisfactory to the City Attorney.
7. INDEMNIFICATION A14D HOLD HARMLESS
SUBDIVIDER hereby agrees to defend, indemnify and hold
harmless CITY, its officers, employees and servants from any and
all loss, damage, cast, expense, liability, claims, demands or
judgments arising directly or indirectly out of the work or
project, regardle.a of the wilful misconduct, sole negligence or
concurrent act,ve or passive negligence by CITY its officers,
emplovees and servants and from t•he sole negligence, concurrent
negligence or misconduct negligence of t'-ird parties. The legal
defense required by this agreement shall be provided upon request
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by CITY and at the sole expense cf 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 CM by
a court of competent jur4.sdiction pursuant to paragraph 9 hereof.
8. PUBLIC WARNING AND PRUTE:CTION
SUBDIVIDER shall at all times until acceptance by City
Council of the improvements offered for dedieation in said work or
improvement by said Council , give good and adequate warning to the
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traveling public of each and every dangerous condition existent in
said improvements or any of t;iem, and will protect the traveling
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public from such defective or dangerous conditions. That it is i
understood and agreed that until the completion of all the '
improvements herein agreed to be performed, each 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, videwalk 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 or
highways as may be required by the City Engineer of CITY.
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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 hereof, a reasonable attorney's fee, to be fixed
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by the
REST OF PAGE NOT G,3E:D
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court, shall be paid by SUBDIVIDER.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written:
SUB IV UER: CITY OF i I I r0)f�I3gACIi:
. X. Kimb 11 , an individual Mayor
Betty,R. Kimball , an individual
(VAA
Je; imba11, an-iindividual
_ J.
Tracy 4. Kimbal , an individual
cot R. Eimball, an individual
ATTEST: APFROVEC AS TO FORM:
I
�--� r W17�1L)A A
City Clerk y Att rney
REVIEWED AND APPROVED: INITIATED AND PPROVED:
City Administrator Dzr ctor of Public Works
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rf
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RETURN TO: CERTIFICATE OF INSURANCE APPROVED AS TR FORM
City of Huntington Beach TO
Irourar"d Benefits Division
P.O.Box 190 CITY OF HUNTINGTON BEACH,CALIFORNIA City Attornay
Huatintieons..eh,cAazerte A MUNICIPAL CORPORATION
This is to cat lify that the policies of Insurance as described below have been istued to the insured by the uitdersigned aml are in forest
at this time. If t:tese policiet ale anctIled or changed in such a manner that will affect this Certificste,tt -Insuranee company agrees
:o give 30 days prior written notice,by mail,to City of Huntington Beach,Insurance and Benefits Division,P.0.Box 190,Huntington
Bwch,California 92A8.
Name of!nsuted S. Y. I'IMBAL11, CON-,TRUCTION Ct.W IPANY
Address oflnstired � n �.1.r1;;, C1"Pr'11 - , IM111 I1"GM.l BEACH, CA 92649
.om;onof Work orOpwotlorntobeperformed 900 PACIFIC COMT H11`i , HUNTTIMTON BEACH, CA
D ecripdon of Worst w Operations CONSTRUCTION SERVICES
POLICY DATES LIMITS OF LIABILITY IYam+of Inswrrenen Co.A
POLICIES IN FORCE POLICY NO. Effuti o Expiration In Thuusomh IWO, Soft InwreA Attention as
GENERAL LIABILITY
lA COMPREHENSIVE FORM D16084114A 5-8-07 5-8-88 BANKERS STANDARD
1)9 PREMISES.-OPERATIONS ! 1 ,000 , CSL INSURANCL CO.
I 1 EXPLOMON AND Each "
COLLAMN HAYARO
I 1 UMIRGROUND HAZARD
I PRODUCTS COMPLETED
OFIRATiONS HAZARD
13 I+Oa1TRACTUAL INSURANCE
I BROAD FORM PROPERTY
DAMAGE
(� INOtPENOENT
CONTRACTORS
i J PROF9811110NAL LIABILITY/
ERRORS i OMIttStONi i
i
AUTOMOOILS LIABILITY
11 COWAtHENSIVE FORM
1
I 1 17 iED S ._CX
I i HIRtD
Each O"urawrra
l 1 "ON-f91MNED
MESS LIABILITY
11 LWARtLLA FARM g...
I 1 OTHER INWRANCE
COVERAOE
WORKERS'COMKNSA:'food
AND C276611+27 1-2R- B L-28-89 $1 ,000 , PACIFIC EMPLOYEPS
IYrhwofMAragationfrom INSURANCE CO.
tlrerliera'CanMe+w,risn
haww,r.
AdditicrsN Insured Endorsement: The Insurer agrees to provide an endorsement to each policy shown above as follows (excluding
worker's camp.) The insurer agrees that the City of Huntington Beach and Its City Council,arr!/or all City Council appointed groups,
Ct.rwmifteas, Commissions, boards and any other City Council appointed body,and/or eleetivc and appointive officers, servants or
empioyses of the City of Huntington such,when acting at such are additional insuredt hereunder.Such insurance::
orimary and not
axau or cuntribut� it zany other insurance o(the Clty of Huntittan
This certificate is leaved so a uwattar of information.This tw1ifictie Is not an insurance policy and don not amend,ext"or alter the coverage tffa-.4od
by the PON Was lifted basin.Notwithstanding any requirennet,ttrm or condition of any contractor othw docunwent with renI -t to rah+ch this certificate
Of Irwurana nary be lamest or MY petnawn,the ineuranen afforded by tha poiicin dascribed herein is wbiect to ail the terms, areluslon:and-antlitiors of
twtsafw refidw
11. W. JORDAN E_ ASSOCIATES LA'1KER.S STA; DAFF.U/PACIFIC EI•iPLOYERS (INA)
Agarw.'r ar KW i
1q COntpny
P. , . BO:: 139 LONG BEACH, CA 90801 O f`IG C8.
JOYCEANN MIKKELSEr1 �
- 1-26-88 •
w lead #Igrat,ura Den
213)434-9991 RICHQP.0 SA. JO All
TOW,em twwwbar NOTE:Av:horlfawd eianatu be the sent:if ascot leaf p4ead Irtwranoo
through sn W"Y Wooment with the insurer. if imurenee is brokered,
suthorired signature must be shot of an official of the lnsurenoe eompery,
FEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT
The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or
license;and tnet it be kept current for as long as that permit or license is in force.
The certificate you now have on file with the City will expire on the date shown on bottom of mailing Irbel.Please have your agent
submit an updated Certificate of Insurance,an 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 your operation or event.This is the only notice of cancellaticn you will receive f-om
the City of Huntington Bach.
THE CITY Of HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED.
All Certiticares of Insurance should be mailed to the insurance and Benefits Office,City of Huntington Beach,P.O.Box 190,Hunting-
ton beach,CalifofMe 92648,If you have any questions,please call this office at 536.5M.
DEFENSE,INDEMNIFICATION AND HOLD HARMLESS A13REEMENT
The underrigaed Insured Contractor, a Sale Propriete:/General Partnership/California Limited Partnership/California Corpormion/
Other _ (you must circle the appropriate choice or fill in the blank) hereby agrees to del",
indemnify and hold harmless the City of Huntington Beath,its officers,employees and servants(herelnalte(collectively referred to as
City)from any and all loss,damage,cost,expense,IlabCity,claims,demands or judgments arising directly or indirectly*sit of the work,
proiect, event or other purpose for which the accompanying certificate of insurance is provides!, regardless of the active or passive
nature of any sse/lipnee by City except when such liability arises from the sole negligence or wrongful misconduct of the Cltv.This
agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor(indemnitor)aces the
City (Iddemnitees). The Iprl defense ro"Imd by this agreement shell be provided upon request by the City and at the sole expssnst of
the (assured Contractor. Arty costt al'defense or at arneys' Hex incurred by City in enforcing this agreement snail be reimbursed to
City or may be awarded to City a once ref t jurisdic-tion.
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SIGNED: By: Title:
Title:
It I MO, T OFFICEPS must sign; or. in the alt:rnative, present satisfactory wkima of your authority 1e bind your
HO+/ft
CITY OF HUNTINGTON BEACH
Insurance&Benefits Division
F' P.0.Box 190
...,w,n..r�■ Huntington Beach,CA 92648
I t"�'
REQUES i" FOR CITY COUNCIL ACTION
March 16, 1992
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator
P!Mared by: OOLO-uis F. Sandoval, Director of Public Works APPROVEM BY t,*TY COUNC1.
Subject: GUARANTEE & WARRANTY BOND—TRACT 13097
Ct7y c�[.1'.tA.
Consistent with Council Policy? lies ( ) New Policy or Exception
Statement of Issue Recommendation,Analysis,is Fundin. Source Alternative Actions,Attachments:
9
SIATEMENT OE 53LI :
The required one year period has elapsed since the acceptance of Tract No. 13097. Kimball
Development is requesting release of the Guarantee and Warranty Bond Number 1232525 as
required by the Subdivision Map Act.
REC MM NDAMPJ:
1. Release the Guarantee and Warranty Bond
2. Instruct tl',e City Clerk to notify the Developer and the City Treasurer of this action.
N LYE:
Subdivider: Kimball Development, 3701 Seascape Drive, Hantington Beach, CA 92649
Engineer: Bruce Bornemann, 719 Bay Street, Santa Monica, CA 90405
Locatlon: Pacific Coast Highway, between 9th Street and loth Street
j Lots: 1
Acreage: 0.855 Acres
Zone: Downtown Specific Plan District #1
This Tract has been constructed in substantial accordance with the plans and specifications
on file in the Department of Public Works.
FUNDING SOURCE:
None
ALTE.RNA.TIYE_ACTION:
N/A
ATTACHMENTS:
Section District Map
MTU:LFS:BPC:gd
3180g/14
1
Pf0 5/85
S'E C T 101\J A L D I S T P\ I L- i vl A P 10-6-11 t-----�--�--
CITY OF
HUNTINGTON BEACH .
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
4.\ S
oz
✓ ,( J J
\ Lv•
Ceti �.�� � ��•
PR,,QJ EC'f LOCATION, �
OliiCG Of the City C14fk
City of Huntington Beach
A.O.BOX 190 CALIFORNIA 92"S
• Jam\,1 A��� C\i ` �7
Kimball IIevelopaert
x r
:5 P; 3701 Seascape Dr
a n Huutingtan Beach ca 92649
ti
DA. 12, 1989
E?Il' :NEFR'S ESTIMATE: $11,200,000.00
JQV AND CC NUKBEP.: ' JlCX;"r' PAF iIPIG STRUMURVI-fain Street ac Walnut Avenue; CC--706
EII. )ERS NAME TOTAL BID AMOUNT
BFAUD0174 ELECMC _ --
2. Bomm-TRIC CorTORAT ON
•' 3, F3EMPI7S DRJI'f'.r.'FtS
4. C OWOW (7l 4STP,fX`rla4
5 D S P CCiI�'I'f�li k"OIORV
r, -FINBCO .�...
7. FOhf1'ANA STF.,EL
8. M4MIN RPM*-OFiCING Sl'EEL
9., I YDAOQUIP P" AND DIMATUUM 1.0. H A E 1rMM AND ASSOCL iT£S `� �` !� /^� '�
11. Jai STUM
12. 1SE'ITMNG ti2r'D KUSSEr N
13. KOU, CONM R=ION C OWANY
14. 11 A LC7I'I', INOORPOMTED
15.. MOCARMY
16. I►OC M OOtSTI JCI'ION
r
47. .--trm.-t-DPDmgI coN5I'R=iotI a� {� � �� . ► �'� C� �� 0 tr7
18. M.ISSIOV CZkdSPFZ[X.'1'IM SLRVIrS
19. PEITER WEST
20. SAFM AND MGADW
_ 21. SPANCRr-.'M :F C,e1LIFOIVIIA ._
22. MR SPRIMER ^�
23. WALS AD tMINELWNG
24. RAY WIIS014
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REQUE FOR CITY COIJNC ACTION
Date June 17, 1991 -
Submitted to: Honorable Mayor and City Council
Submitted I,;' Michael T. Uberuaga, City �ldministra '� r
F�rafsa:ed by: iMhuis P. Sandoval, Director of Public Works A.PJIMOVEIU BY CITY COUNCit.
Stibject: NOTICE OF COMPLETION TRACT NO. 13037
ca'. � cla.►c t.
Consistent with Council Policy? ( Yes ( J New Policy or Exception -- --
Statement of Is.ue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
5WFX.ENJ_4F 5-5-UE:
Kimball Development has compieted all street improvements for Tract No. 13087 and is
requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act.
BISOMMENMION:
1. Accept the improvements dedicated for public, use.
2. Release the Faithful Performance Bond.
3. Release the Monument Bond
4. Accept guarantee and warranty !)and numbers 1232525.
S. Instruct the City Clerk to notify the developer and the City Treasurer to notify the
bc)nding company of this action.
ANAIS:1S: I
Subdivider: Kimball Develotamrnt, 3701 Seascape Drive, Huntington Beach, CA 92649
Evglneer: Bruce Barnemann, 719 Bay Street, Santa Monica, CA ''0405
Location: Pacific Coast Highway between 9th Street and Wth Street
Eats: i
Acreage: 0.855 Acres
Zone: Downtown Specific, Plan District #t
Sectional District Map
This tract Ivis been constructed in substantial accordance with the plans and specifications
can file In the Department of- Public Works.
hfTU:LI:S:ASB:dw
2858g/4
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SECTIONAL DISFRI C T M A P 10-6-11
CITY, or
H ING TON BEM-1-1.
UNI.
MIANGE COUNTY .
USE OF PROPERTY NIAP
X!,
Z� A, I
0
V N
fkxve.Ar'*.-r 1232525
eium A5'0.00
• Pc/Wl.'r tAsnt`er ����
GUARA14TEE AND WARRANTY I10111)
WHEREAS, KINDAI.L DI:VFLOPMENT as
a Principal, and AMWEST SURETY INSURANCE:_::)-!PANY
corporation organized under the law, of the State of CALIF(ANIA
and duly authorized to do business in the State of California, as
Surety, are held and firmly bound unto the CIW OFHUNTINGTON BEACH,
California, as Obligee, in the penal sum of FIFTEEN THOUSAND .AND NO/100
., _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ; representing 10 percent of the
contract price entered into hatween the Principal And Obligee, to
which payment well and truly to be made we do bind ourselves, our
and each of our heirs, executory;, administrators, successors and
assigns jointly and severally,
WHEREAS, the raid Principal entered into a contract with
said Obligee, dated _ FPnRUAItY 16e 1788 for work described
as follows:
FA1RM RIVAGE - TRACT 13007
WHEREAS, said contract provides that the Principal will
furniah a band conditioned to gua_anteu and warrant for the period of
one: year after completion of the work and acceptance thereof by the
Obligy:e, allainat all defects in workmanship and materials during said
one: year ,period.
WNE:REAS, said work hats been completed, and accepted by
01311900 on
NOW, T11CItEI'ORC, the Principal an-1 :Surerty, jointly and
sever&lly shall indemnify the Obligee for all loss that the Obligee
may VUatAin by reason of any defective materials or workmanship which
became apparent during the period of one year frun and after date of
completion of work and acceptance thereof by Obligee.
SIGNED this 12TH day of FEBRUARY _
1991 -_ Signatur-n shall be notarized. Authorized representatives
shall be president and vice president ar attorney-in-fact Owner.
K1MBA1.1. DEVF.I.OPMFWT
PRINCIPAL
Isy__..:
A1'fhOVED AS TO TORMA AMWFST .aURETY INSURANCE: COMPANY
CAIL HUTTOA SUjWTY
C QA3TORz-
• ny. ,
Dtputy City Aitora� uY [1 .
Aut soy zed fiep sentat ve
Pamela Goetsch, Attorney-in-fact, l
_ r `
1
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ID
ri+.lip, r.+►r,.;. .s. r:•.n yr. r..a
•w •`•'�Zr. ,v fi:...` ,. ri.��r ♦.ti. f�' .r wtis i. M 57 ♦.�(' f.'+:• .
as v'Ajw. Jrraa�.e r�Jy+iM1II'DiliKes.M.e.4. :sj�i.sJ'frilli�rYararati.t•ti.+:�aa.riiaresrnr� +�i"irr�
MAD\t WIFR I+t WER`I %1111 R
1232525 000033.134 NOT VALID AFTER
1•-08-92
I .bbp • .. .. wy.rr—�r.wAI SIR.�RV�I�V.w.1•..'M.+��R1Ar�iR�ARR IIYM ,M.t«.'. � N wR.v..•
PENAL SLAT
KIMBALL DEVELOPMENT $I5,000.p0
I
' IrULIGLC '
CITY OF HUNTINGTON BEACH
Tin. ,l... ...,: ., (x..tej +'a m,t'u ..`i+r,� •. tt I.i�.r .%vi i`L.,� .t .,, r ' !: i:,•at,! !: ' h
1 4 ,..- •, . :.. a it rt: II:L rnE a^... .a: titr
J raty t.d ! �n PCs: -.:rin I:. ..:.tr..r l., t. "k: ..rn; t` , + '
• ,. ,. ., �...� t .r i:,`nd n+tr.l .i!% .i .trr! 'r,•n
' � n�� 1�•r..:I,•t,.r,;u,t,r+�,+.rt!t.u.. + .,i r,•,,,•,c: .... .r.+..• �, .�.. :r•i:•.ir r., 'r::ar... ..:r�r.•+:�r.!i^,; I P , ! Ith,;;.+..
its or I:.. t '.:, 1 1:.. .:t :r Ot ti. ,i:, of Caiif•+nlia .kn% (a`.i,: ,I mtorri,
!:.. ! rq c , •i.. . •,u`.t a:.. I•,•n.: .... i•. �� +. r. •: . ,. .. . tt .te.! , , , .,:r: I,+r:r, .h.t!I t•.r.� t,v.- .+.
KN0%k'AlJ. %1l:`: B THL4E f'ft('�E:�:1 the,; :1t ItiCnt �t:::n ln�ura:lre Cornpan�.a C.iltlorrlr.1
y ChrjlJr.11lt�n t(}le t ttflijt.lrl\' i�,�i }iirCtl', nl! ',, ��+fi SiI+.::C .il::f .thh,+lilt
f PAMELA GOCT5CH
AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY
i:,tni•;.ulll l.m rul atlornr•:•In•Fa�t.iI ith linwcd ;o'.\i r Anil null:+`-::\ h+r .in.'•on hefulf of the Cosnpary a4 s'Iti I\ .
III c\ccut.. deh\cr and affl\ lhe -iAl•of the t:orrlp,llr•• thirito if a .e-ll t, re(Itured on honds• und.rtak i-q,..
rCiit}'ru=.ln:ei or other \iritterl in the n.11uri thcrcof .i, ft+!lo%%• ,
Bid Bonds up to $****250.000.00
Contratt. Court 8 Subdivision Don,.;s up to 5****250.000.00
y Litcnse P Permit Bonds up to S*****50.000.00
t Miscellaneous Sonde, up to t*****Z50000.00
SMALL Business Administration Guaranteed Bonds up to S****250.000.00
�r
and to bItId ti:•: Cotnp.u;I, thereby Ih;i •Iltl'L+;ntttlrat t, made und:r And 11V 11.11lioniv of the Il}-l.t\ti of the
Sjt�. Lt�ltl�lltl\. \\hLt1 .lte ni+N In tkill 10roc •Iild 1:14a
Cr_FiTIF iCtITE
the underiwncd -ecret.n of :1in\ce,t Surety 1n>ur.lnLe Cor*lpiny• a California corl:+tranot),
DO 11r-.9Ft-,Y s:f:RTIF•i that thlu f'o\\er of AtIonxv refluirls In full forme and elfecl and ha, not been ww'kcd
Anil fllrl};'It1L�:C. di•iI the rc�ollwoni If L':e liojrd of Directors Set firth on the re\er-w, and that the relc\'.ira
pro%isiitr:s of the P,%-Li,.%i 0 il:e I-or.,q%in. :rc no.\ in full fot.c and effect
.i: HUNTINGTON BEACH t..,12TH t!,I� ,,!PEBRUARY to _9I
// 73434 — 77
.flf-sr'c LtLXG.r—__.- 00000.,
.....�.It if•.HJ 1•Z .iyr M'M7��r K��iywM+�i 1.+ t•.
t .'.•..•..:w nt.•r.f+yw►F IM`yyr}}ii l .I.t.L•
. .. !.•.rs.fAM KKri Rom. ,.-S:,•.
�^ rsolutions of the Board of Directors` ?Oti404tiMtiF�401iE�f+;440�
Thar Power of Attorney is signed and scaled 13,facsimile und,. and h.y the authonty of the follo«ing resolutions adopted Ly thl
Hoard of Directors of Arnwest Surety lasuratice Cornpriv at a rr.eeung duly field on December 15. 1975:
RESOLVED, that the Pr-aident cr any Vice President, in conjunction with the Secretary or any Assistant Secretary,
may appoint attorneys-in-fact or a5erits %ith authonty as defi :ed or limited in the instrument evidencing the appointment
in each case, for and on beltalf of the Company, to exe.ute and deliver and affix the seal of the Company to bonds,
undemikings, recogni—zances, and suretyship obligations of 4(1 hinds; and said officers may rer-ove any such attomeyin-
fact or agent and revoke any power of stwmey prc::ously granted to such person.
RESOLVED FURTHER, that ary bord,underakir.;,re:ogni=ance,or suretyship obligation shall be valid and binding
' upon the Company:
(i) when sighed by the President or any V:,c Fr.s:dent and attested and sealed (if a seal be required) by any
Secretary or ksistant Secretary; or
{ (il) %vhcn signed by the President or any Vic: Fr:!:c!ent or Secretary cr Assistant Secretary,and countersigned
and sealed (if a s.al be required? b. a .�'. spa:an_.d a:crney-in•facr or a;:nt; or
l (III)wh,:n duly executed and !.Acd,;if a ;r-a',c•: r:cu:r_d)In,ere or more attorneys•iii•fact or agents pursuant
to and within the limits of the autltonty e-idenced by th!: power of attorney issued by the Company to
such person or versons.
RESOLVED FURTHER, that the sigriature of ant, autl:oraed officer and the seal of the Company may be of xcd by
facsimile to any power of attomey or certification they,.-of au:!on:ing the execution and delivery-of any bond,undenaking,
i recognisance, or other suretyship of -Botts of it,, Co t.:=y; and such sig—niture and seal when so used shaC have the
same force and effect as though man,.aliv aff�xd.
IN W1TNE55 WHEREOF,Amtvest Surety Insurance Company his caused these presents to be signed by its prop:r officers, and
Its corporate seal to be hereunto affixed this 1st day of Dec.rrber, 1990.
INS
�iumt.truu,�
0� �..• :
JQ. pC1P 0,qq
�'�:• �,��9 i 5
KarenG. Cohen. Secretary
STATE OF CALIFORNIA, COUNTS" OF LOS ANGELES
On this 1st day of December, 1990. persomliy came before me John E. Savage and Karen G. Cohen, to me known to be the
indi iduals and officers of Amivest Surety lrtsurance Cempat:;:,-,ho executed the above instrument, and they hive acknowledged the
execution of the same,and'being by me duly worn,did sc%cra!!•:depose and say c;a:they-are the said officers of the corporation afores ;d
and that the seal affixed to the above L^_trairent is the --c.i!cf the cerroratien•and that said corporate seal and their signatures-G such
officers were duly affixed and subscnb•:d to the said ir;:;aeons by if,,,: audionty of the Board of Director; of said corporation.
OFFMAL°.SAL
ANA S.ZAMUDO5Gi1.Ss
Barb
MY Ca"rulkin ft" "I A 20<�,
Ar.j E ,tu�w-Sous. Newry Fob,;..
Restrictions and Endorsements nor
a
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
Date _. - Jzz C-s
TO: City Clerk
FROM: COMMUNITY DEVELOPMENT
Douglas N. La Belle
TRACT NO. ''�
PARCEL MAP NO.
RECREATION & PARK FEES PAID
OTHER i
Douglas La Be le
a
t ,
NOT I CC OF OOAPLET I ON W I TH COMD I T I ONS 0"ITRACTS I
AUTHORIZATION FOR RELEASE FOR HIT(MO I tl+;
TO: C! TY CLERK DA If. :
FROM: PUBLIC WORKS DEPARTt•1FN'F 4
P.ruce Crosby
TRACT t,0. Q DrVELOPER i
COt;D I T 1014S
Depas 1 t of lees for water•, sewer, �M •-7� w�
draFn 9c, engineerinq !nd inspection
Bond for Improvemeni . . . . . . . . . .
S i•ir.n t urr, of Ariroomen t . . . . . . . --
t`.rrr• t (if . . . . . . .
li++nd for Y.artumottt . . . . . . . . . . .
I .tl+++i .1 t•t.t 1 •+ i •t I 1{++rt+1 ..____.___-_�_____._._.. _ _
ct i It+• Signature j
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CITY OF HUNTINGTON BEACH
2 CALIFORNIA 92648
004 MAIN STREET
OFFICE OF THE CITY CLERK
Ticor Title
800 N. Main
Santa Ana, CA
Attention: Subdivision Officer
RE: Tract Map No. 13087
This is to inform you that al) fees have been paid and conditions
met nn 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. 0. Box 190, Huntington Beach,
California 92648.
S"lce�
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
Received by ► +. / ;
Dated i
(Telephone:714-GW52V I
Bank of Anwkna
Long beach Financial Center �-t4V-A,P-7.1
(J
March 16, 1988 (/�f
Mr. Mike Adams
Director of Community Development
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Set-Aside Letter for Park 6 Recreation Fees
Dear Mr. Adams:
i
Bank of America has funded a loan for S. Y. Kimball and Betty R.
Kimball , Co-Trustees of the Kimball Family Trust (amended) dated
February 10, 1986 in the amount of $1 ,500,00.00 for the
construction of a 33-unit condominium project located on Pacific
Coast Highway between 9th and 10th Streets, referred to as Tract
13087.
Bank of America will set-aside for your benefit the amount of
$50,282.00 for the payment of park and recreation fees in the event
that S. Y. Kimball and Betty R. Kimball , Co-Trustees of the Kimball
Family Trust (amended) dated February 10, 1986 fails to pay 0e
above referenced park and recreation fee prior to final inspection,
but not later than January 1 , 1989, the funds shall be made immediately
available to the City of Huntington Beach upon your demand stating non
payment.
Please acknowledge receipt and acceptance of this letter by ret.i.,ning
the enclosed copy fully executed.
Sincerely, WE HEREBY ACKNOWLEDGE AND
ACCEPT THE AFOREMENTIONEa: J
Jan tov i e y t ,10-Trusters
Preferred Banking Officer of the Kimballg�gF�xdly Thbt (at'ar") datai
�: , o�::a As ;0 FQRli:l Ftty R. Kint�all and S. Y. Kimtya?1 and
GAiL �:�:i TO:i � By: �.�
c: A"7op:;- y ice
By.
Deputy City Attol'n y 4 , "t of it en NO
Eian4 i;.'Am.r ca NX:nai Trum a d Saf:g.kS:m; :cn
150 Loop B1.3ch Dour.ard Long heath.Calcrn,a 9LW2
REQUES ( FOR CITY COUNCIL ACTION
Date F. hr11R Y 1 fi. 7 9 R E - --- -
1
Submitted to: Honorable Mayor and City Council /
` Submitted by: Paul Cook, City Administrator
Prepared by: Douglas N. La Belle, Director, Community DevelopUN
me
Subject: FINAL TRACT MAP 13087, BEING ALL OF 1X1G''PJN}�")ttijOY O.
13087, AND BONDS AND AGREEMENTS FOR TRACT 13387 -2, j�19—.
Consistent with Council Policy? Yes } Nam Policy or Exapt �t rti cLIAt
Statement of Issue, Recommendation,Analysis, Fundinq Source,Alternative Actio%,Attachments: ('
TxT�YMNT F ISS ,a.s& rr�..,..,�. C�,�"���, `t%' -7j'zVs s
l The final map of Tract No. 13387 being all of Tentative 'tract No.
13037, located on the north side of Pacifc Coant Highway between
! Ninth and Tenth Streets, has been submitted to the Citl, Council for
approval. Tentative Tract No. 13087 will expire on Sriptember 1,
1989 .
I
1. Approve the map pursuant to the required findings set forth in
Section 66458 of the Government Code.
1 2. 4pprove the map subject to the finding that the map is in
substantial compliance with t:he previously approved tentative
map pursuant to the mandatory findings established by the
Planning Commission as set forth by Section 66474 of the
Government Code.
j3. Accept the offer of dedication ana improvements subject to
completion of requirements shown.
4. Instruct the City Clr.rk 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
i been complied with:
a, A deposit of fees for water, sewer, drainage, engineering
and inspections shall be provided;
b. A tirtificate of Insurance shall be submitted;
c. Subdivision Agreement;
d. Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of the
final map. 0
t
No 5/95
A
e. The Declaration of Covenants:, Conditions and Restrictions
shall be reviewed and approved by the Department of
Community Development and approved as to form by the City
Attorney prior to recordation of the final map.
f. The Park and Recreation fees shall be paid or a surety
posted in an amount equal to the in-1.:.aa fees and approved
as to form by the City Attorney prior to recordation of the
final map.
5. It is also recommended that the City Council accept the
following bonds and instruct the City Clerk to file thEm with
the City Treasurer. It: is further recommended that the City
Council accept the subdivision agreements and instruct the City
Clerk to file one copy and return the second to the subdivider.
a. Faithful Performance Bond No. 1144257
b. Labor and Material Bon6 No. 1144257
c. Monument Bond No. 3145784
AflAU.I$
SUBDIVIDER: S. Y. Kimball, Et Al
3226 Anne Circle
Huntington Beach, California 92649
ENGINEER: Bru,e Sornemann
8260 Wilshira Blvd.
Los Angeles, California
LOCATION: North side of Pacific Coast Highway, between Ninth
and Tenth Streets
ACREAGE: .855 acres net
LOTS: 1
I
NO. OF UNITS: 34
ZONE: Downtown Specific Plan-District 2 (Residential)
GENERAL PLAN: High Density Residential.
IIM.SM-Qu:
The map has been examined and certified by the Director of Paulic
Works and the Secretary to the Planning Commission as being
substantially in accordance with the tentative map a-s filed wi;:h,
amended and approved by the Planning Commission.
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RCA -- 2/17/88 -2- (9975d) i
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MRIHOMNTAL M&M'
This action to accept Final Map No. 13087 is exempt from the
requirements of the California Environmental Quality Act, Section
15268(b) .
This project is covered by Environmental Impact Report: No. 82-2
approved by City Council on July 18, 1983 .
FSTNDI NG_t34URCI':
Not applicable.
i 1. Area map
2. Subdivision Agreement
3. Monu.aent Bond
d. Faithful Performance pond
ti 5. Labor and Material Bond
DNL:Ak:TR:kla
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RCA - 2/17/88 --3-- (9975d)
City of Huntington Beech
P.O. BOX too CALIFORNIA l i
OFFICE yr Tt1E CITY CLERK
February 18, 1988 '
S. Y. Kimball et al
3226 Anne Circle
Huntington Reach, CA 92649
c;q-.r.let.-n:
f The City Council of iuntington Beach, i.s reqular
meeting held iebruary 16, T98$ ,
approved ttr-- Subdivisiun Agreement for Tract :Jo. 1=
We are enclosing herewith a duly executed copy for your
i
es.
Sincerely,
Ali;.ir, 4. wertwcrth
City clerk
A.N:pr
Enclosure
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