Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Final Tract Map 13466 - All of TT 13466 - Warmington Ocean V
. 4r I j SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WAR.MINGTON OCEAN VIEW ASSOCIATE'S FOR TRACT NO. r THIS AGREEMENT is entered into this 1Vf day of Se H►fbbY , 1488, by and betweeL the CITY OF HUNTINGTON i BEACH, a municipal corporation of the State of California, j hereinafter referred to as "CITY," and WARMINGTON OCEAN VIEW , ASSOCIATES, a California limited partnership, hereinafter referred to as "SUBDIVIDER." i 1 RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it in 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 oc the tract of land known as Tract No. 13466; 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 and alleys, and to perform certain other . i 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 for the guarantee and warranty of the work for a period of one (1) year i' -1- 1 following completion and acceptance thereof against any defect in work or labcr done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Goverment Code of the State of California, and Article 997 of CITX 's ordinance code. NOh', THEREFORE, in consideration of the promises and agreements of the parties as herein act forth, the parties agree as follows: 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, guttero, sidewalks, trees and landscaping] sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and s 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 ahall 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. -z- 2. ARTERIAL -HIGHWAY- IMPROVEMENT SUBDIVIDER agrees tG complete all arterial highway I 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. 3. GUARANTCE SUBDIVIDER shall guarantee all work and material requ: red to fulfil: its obligation as stated herein f'.r a period of one (1) year following the date of City Council acceptance of aame. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordancr with Huntington Reach Ordinanc4 Code (HBOC) Article 997, upon execution hereii SUBDIVIDER shall deposit with the City Treasurer the sum of Four Hundred Ninety Thuusand and no1100 Dollars, ($490,000.00) as prescribed by HbOC section 9970, which security is given to CITY to insure faithful performance of 1 this Agreement and of all of the conditions of the Tract Map. The• deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their I acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attarneys however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be cequired by CITY to provide a subrtitute security at any time. i 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 tole exp.:nse; a general liability insurance policy, including coverage for bodily injury, prop;::•ty damage, ,products/completed operations, and blanket contractu&l liability, in which CITY is named as an additional insured. The policy shall ins«re CITY, its officers and employees against loss, damage or expense by reason of any suits, claims, demands, judgments ind 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 an amount not less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than twice the per occurrence limit. In the event of aggregate Coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau. of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. SUBDIVIDER shall arrange for the policy to be so conditioned as to cover the performance of extra or unforeseen work, should such work :,econe necessary. A certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by -4- SUBDIVIDER . Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before each expiration or cancellation is effective. The certificate of insurance shall evidence the required additional insured endorsement, and is subject to approval as to form by the City 1.ttorney. 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 Actr of the State of California, in regard to any worker employed in the work to be performed hereunder, and shall indemnify, defend and hold harmless { CITY from and against all claims, demands, payments, suits, f i actions, proceedings and judgments of every nature and desr• -tion, including attorney's fees and costs, presented, bro►vtic 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. i SUBDIVIDER shall maintain Worker 's Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500,000 ) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500,000) bodily injury by disease, each employee, and One Mill--- on Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, prior to commencing performance of the work -5- hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance: said certificate shall include a provision that the insurer shall notify CITY at .least thirty (30) days prior to any cancellation or modification of said insurance policy; and SUBDIVIDER shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. said insurance shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 7 of this Agreement. 7. INDEMNIFI_CATION—DEFENSE, AND HOLD HARMLESS SUBDIVIDER hereby agrees to defend, indemnify and hold harmless CITY, its officers, employees and uervants from Any and all loss, damage, cost, expense, liability, t-laims, demands or judgments arising directly or indirectly out of the work or project, regardless of the w).ilfui 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 be provided upon request by CITY and at the sole expense of SUBDIVIDER. Any costs of defense or attorneys' fees incurred by CITY in enforcing this agreement shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction pursuant to paragraph 9 hereof. S. PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the Cicy Council of CITY of the improvements offered for dedicatie;r in said work, give good and adequate warning to the traveling public -b- of each and every dangerous coaditior, existent in said improvements 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 the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be undeC 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 . REST OF PAGE NOT USED 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 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 HUNTItIGTON BEACH WARMINGTON OC!LAN VIEW ASSOCIATES a California municipal a California limited partnership corporation WARMIN N HOMES, INc. Gener 1 art,�gr ` 4444 E rry i s, y1te President r Mayor William s. rpi le, Vice Pres. ATTEST: APPROVED AS TO FORM: A' /1.b(14.f1t� I�� City Clerk +�__.__� ;j- City Attorney REVIEWED AND APPROVED: INITIATEu D APPROVED: City Administrator Direct r of Public 'Works -8- UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF WARMINGTON HOMES, a California corporation The undersigned, being all of the duly qualified and acting directors of Warmington Homes, a California corporation; hereby consent to, approve and adopt the following resolutions by written consent: WHEREAS, in the last several months there have been several changes in the officers of this corporation; and s deemed to be in t WHEREAS, it i e ho best interests of this corporation and its shareholders that this board of directors adopt resolutions restating the names and descriptions of signing authirities for the respective officers of this corporation. FZSOLVED, that all of the present officers of this corporation are hereby removed from office and the following persons are hereby elected to the office(a) appearing oppoaits his or her name with such powers and duties as provided in the bylaws of this corporation and as further provided in these resolutions: Name Office James P. Warmin .on President � r Timothy P. Hogan Executive Vice President William S. Kreisle Sr. Vice President Larry D. Riggs Sr. Vice President Terry E. Hardgrave First Vice President, Direntor of Purchasing George D. Glover First Vice President, construction Gloria J. Andrews First Vice President, Financing i Escrows Mary Shafonsky Vice President, Administration Kona Pickett Vice President, Investment Properties Division Allen Norris Vice President, Sales James W. Skinner vice President, Engineering { 1 I i William Storm Vice President, Division Manager Dana Bieber Vice President, Division Manager Thomas Speirs Vice President, Division Manager of North counties Division Vickie S. Perry Vice Presiders:-, Marketinq Aaelie Wasielewski Assistant Vice President, Finance Marshal A. Back, Jr. Assistant Vice President, Finance William S. Kreinle Secretary Gloria J. Andrews Assistant Secretary Timothy P. Hogan Assistant Secretary Larry D. Riggs Assistant Secretary William S. Kreisle chief Financial officer David Ryan President of thi Northern California bivision David Corliss Sr. Vice president of the Northern California Division RESOLVED FUR:".iER, that the Precident is hereby authorized to execute any and all instruments, , documents and agreements, sorely, on behalf of this corporation. RESOLVED PMTHSR, that the Executive Vice President is hereby authorized to execute any andi all instruments, docents and agreements, solely, on r behalf of this corporation, other than the following: debt-related instruments (loan documents, guarantees, and the like) ; final subdivision maps; documents and agreements relating to the acquisition of real property for developments and documents and agreements relating to the sale of property other than the gale of inventory property to the public in the ordinary course of business. RESOLVED FURTHER, that the Executive Vice President is hereby authorized to execute, jointly with the President or with any Senior Vice President of this corporation, and not solely, on behalf of this corporation, debt-related instruments (loan documents, guarantees, and the like) ; :final subdivision maps; documents and agreements relating to the acquisition of real property for development; and documents and agreements relating to the sale of property other than the sale of inventory property to the public in the ordinary course of business. wL � ' RESOLVED FURTHER, that any Senior Vice President is hereby authorized to execute any and all Instruments, documents and agreements, solely, on behalf of this corporation, other than the following: debt-related instruments (loan documents, guarantees, and the like) ; final subdivision maps; documents and agreements relating to the acquisition of real property for development; and documents and agreements relating to the sale of property ether than the sale o; inventory property to the public in the ordinary course of business. RESOLVED FURTHER, that any Senior Vice President is hereby authorized to execute, jointly with the President, with the Executive Vice President, or with another Senior Vice President of this corporation, and not solely, on behalf of this corporation, debt-relaxed instruments (]can documents, guarantees, and the like) ; f..nal subdivision maps; documents and agreements relating to the acquisition of zeal property for development; and documents and agreements relating to the sale of property other than the sale of inventory property to the public in the ordinary course of business. RESOLVED FURTHER, that the First Vice President, construction, is hereby authorized to execute any and all construction contracts and agreements arising in the ordinary course of business of this corporation, on behalf of this corporation. i i RESOLVED FURTHER, that thu First Vice President, Financing and Escrows, is hereby authorized to execute any and all documents on behalf of this corporation pertaining specifically to the office of First Vice President, Financing and Escrows, including documents relating to financing and escrows arising as pares of the ordinary course of business of this corporation. RESOLVED FURTHER, that the First Vice President, Director of Purchasing, is hereby authorized to execute any and all construction material purchase agreements arising in the ordinary course of business of this corporation, on behalf t;,2 this corporation. RESOLVED FURTHER, that the Vice President, Administration is hereby authorized to execute any and all documents on behalf of this corporation pertaining specifically to the office of Vice President, Administration. i T � , RESOLVED FURTHER, that the Vice President, Investment Properties Division, is hereby authorized to show space, collect rents and angaga in the business of management of invemtment properties for this corporation to execute any and all documents on behalf of this corporation pertaining specifically to the office of Vice President, Investment Properties Division of this corporation. RESOLVED FURTHER, that the Vice President, Sales, In hereby authorized to execute any and all documents on behalf of this corporation pertaining specifically to the office of Vice President, Sales of this corporation. RESOLVED FURTHER, that the Assistant Vice President, Finance, is hereby authorized *a execute any and all documents on behalf of this corporation pertaining specifically to the office of Assistant Vice President, - Finance of this corporation. RESOLVED FURTHER, that the Secretary is hereby authorized to execute any and all documents on behalf of this corporation pertaining specifically to the office of Secretary in the ordinary coterse of business of this corporation. RESOLVED FURTHER, that any Assistant Secre+.dry In hereby authorized to execute grant deeds, escrow instructions, purchase agreements, loan document affidavits, and A.I.T.D. real estate loan applications relating to the sale by this corporation of residential lots or units, in the ordinary course of business of this corporation, on behalf of this corporation. RESOLVED FURTHER, that the Chief Financial officer is hereby authorized to sign checks on behalf of this corporation and to execute any and all documents on behalf of this corporation pertaining specifically to the office of Chief Financial Officer of this corporation. RESOLVED FURTHER, that the President of the Northern California Division, is hereby authorized to execute any and all documents, solely, on behalf of this corporation, pertaining specifically to the office of President of the Northern California Division, including documents relating to the acquisition of land but not to include the following: debt-related instruments (loan documents, guarantees, and the like) ; i -4- i i documents and agreements relating to the sale of property other than the sale of inventory property to the public in the ordinary course of buaiaess, except that such officer is authorized to execute and deliver, solely, on behalf of this corporation, offers and counter offers for the purehaaa or sale of land by this corporation 1 provided that he has first obtained the prior written authorization from the President, the Executive Vice President, or a Senior Vice President of this corporation to negotiate for the purchase or sale of that parcel of land. RESOLVED FURTHER, that they President of the � Northern California Division, is hereby authorized to execute grant deeds, escrow instructions, purchase agreements, loan document affidavits, and A.I.T.D. areal estate loan applications relating to the sale by this corporation of residential lots or units in the ordina=-y course of business of this corporation, solely, on behalf of this corporation. RESOLVED FURTHER, that the President of the Northern California Division, is hereby authorized to execute, solely, on behalf of this corporation purchase agreements, construction contracts and agreements, any and all applications, instruments or other documents which are to be filed with the California Department of Real Estate. RESOLVED FURTHER, that the President of the f Northern California Division, is hereby authorized to sign checks on behalf of this corporation arising in the ordinary eoursu of business of the Northern California Division. RESOLVED FURTHER, that the President of the Northern California Division, is hereby authorized to execute jointly with the President or with a senior Vice President of this corporation, and not solely, on behalf of this corporation, debt related instruments (loan documents, promissory notes, deeds of trust, guarantees and the like) , documents and agreements relating to the sale of land or improved real property outside the ordinary course of business of this corporation (purchase and sale agreements, escrow instructions and tho like) , and final subdivision maps in the ordinary course of business of this corporation. --5- IN WITNEss WHEREOF, the undersigned have executed this Unanimous written Consent am of Jura 15, Be. IL Ja es n ctor a T. Warm ng n W 1 are S. a Rye I 1 i i I / - 7�"�r v ./I''"• • iwG./.+.LrG�,.�hr••' /I�h?/-.. ,1.r1'frLi�.l'1 .N i �111V•y.r-r 1011. LEI 946 rtwolrCSA „ .. . ,• � r ~••�s vsrol go. SULLIVAN At Guam INS. DR6KERS Ir maWoma 2100 MAIM STE, 330 COMPANIES AM�I�OADtNQ COVERAGE WIWI CA 92(�1�(� � 33 Fill 88 ' WA " A GENERAL STAR INDEMNITY COMPANY • ROYAL. INSURANCE COMPANY WARMINGTON HOMES I IN'" C nspvsz�:c t1tDiM�fITY ,,090 PULLMAN STREET AAA 0 COSTA MESAp CA 92626 r I Ewa TPW N 2 f P% MATI�liftiCtE!O01%AAMCr WTrO M2W HAVE To tmi[Hru YR/ A TIMM p"T 1 UIdIWTIO• j 0�l 'AMLtIC109A�0 To tWIA 1� o"i1►"tr�rou ti a►on�rt0 iK+�+�N rr w.wlci To Alrl� Ni si in"'"wiia.W h1,i Ofl MCdIrL7trA TWt FAXXAM O•IWAAWIF ►CLiCr t,t.+�rOEA !�� ` •� LWtuTY WOO IN t WIGRAL LIA&LITY p,�t A � NSG 101043-A 4-1-g! S I �i ►ret w�*,�a r s 1AA01rCTSt�iP.Ctt�GPE►KhOr,3 1 0 FOR1�: ff I Ga1Tt AYYP.pYED�AS Atto X. oyr�+ry 1 I roft lilt tC�IfYItTOIIt GALL RU,l0tiQc orn1tY 110001 3,000, i P40 004v"N"7 uVA" EY Deputy "AIM&tI AAtr Pa�L�wuRi' i 110001 AYTOM00b1 MMY AAY Aft M ` Au O"D 60Do^ 046) ALL"W3Nil.%% �) AST 109 40 (4) 4-1-33 4-1•99 ! " ► f ►W AM ► h0mo unaa INC i'� S uA•x EAa;r �Oy�r7 a 1 I 000 i 1XIM"Link,r•.r PAV to-! '♦ QTh+A Tom..vvi.ia ICN,I . �•�tuTMY _ MrKtA1I�'bt•COMr'lMaAtION •• .r••� C PC 992665 7-1-99 llQQ0jcX4=mn AM VK J' 109'LIAMLRT ^�stui�Ac►�tr11.o�tr, . I I XlVINIV P2PLt►CIS CUTIPICATi DATLt7 0-4-85 ?OR ADDlfZOKAL rrtaUAYD lN%*?0R•IAT:OK RES ATTACHED OL2010 r111WADy� N or T1I* OYr rVICNA{0 MUMSN COMM ttR OIII rA tax• ViNATIO AT! THLAIOr, THE I'MIM¢ C6IIPA4T WILL t:i7tY 0/ tStr'TLNG9'01: Sl11Cli MA410�t� x 1000 MAIN OT. HUNTINGTON 51ACHe CA 92646 Ay I /N�raNTAThE lLAMtttltG nsix. AA NOWNS FIX + . A I sfliT �rYtuylSrG�©R i ti- y-t3t9 �':3ai'"+ S 71�63«•�O1(7yi::h:llrv:�Tw.'� n„�rlt:,3..�tt :� 3 t i QL to lO i NO 14C 104►is 111411 AttItW.rttatina No at tM 11141 INCH At06"OW Mrne t"1OWN weatd"Is 10*14 ps AN It*Ar111r~N W.W It*4v$w M P-m- ) 1 �MorA+�r1w11t1rct�� 7-2A-40 'Abattlt MICIO1045A EMM1NM P4.r� CIA,Y. 't'""4'"''"'' 1p►111tIf14�'Paw >it�flsu rrW, mp tAiixlli+MKtM 1 . V This#W;;;;0401dof fro'"01IM.S4 is.1 IhArsN N IN OWN" fMt pot ct f".11 to 1%16m,14 COM'RAMINNVi GININA4 LIAMtITY INIURAKI MANUFAC?Ufdelf AND CCN"ACT08 LIAMUTY 114SURANCR ADOIT MAL INSUM t0■w�w 1a11t111f 1 Tolls 'IMIW t►Nyrq'I&nW-1 PROM 11.0440 11 11a 1tfttw the Arrw M tirpp 1H•44 Nrhi1 Nlow Mitt sNr W.th SNWI to J61"tj 11111rd of of Awp4m SWIR."a1 to such OMWW At of AA WO At tM tsnN l o w1t# t th WWI 101 of Ih1 tM►+"I 141,1411M lot Ifurfoct 1HPrOW 0401 the C1R1►x101 W14,11146off4Aa UWSIf Pot f9miq IPA"AS tM1 10471AAN M rla+ial 0 Ah1/TAt►nf CA 411/19N"44811011 IMMU-neh1 so k14110 tM PUR!r PrpW411t P40%w Wf* CiT1t OT XMIINGTO XIACW Ili I I r� 1 4L SO Xo 0113 r 4ry/rr,11 WU? �LN TON QUG f a 33 HOMES TELECOPY TLAN2% ITTAI. LEITER Date: r TELECOPIFR NO. ( 714) 755-6233 OFFICE NO. (714) 557-$511 Please deliver the following material as soon as possible : Total Number of Pages (including this page) :—.3 Additional Information : CA- . ..__. PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY. � THANK YOU. O Pullman Strret, Costa Niesa. California 9:6:6 (714)557.5511 .. . '. • --�, fox 7"r�"r /3 4 6, C Pad i n9 a n� rrm peove rrncht Plan . • Appra Vol Is. PUBLIC WORKS PARNIT NO.�_ INDEMNIFICATION FORM In consideration of Public works Permit No. , receipt of which is hereby acknowledged, • �ts�M�l ,l�t , (hereinafter "PERMITEE" ) hereby agrees to protect , defend, indemnify and hold and save harmless the CITY OF HUNTINGTON BEACH, (hereinafter "CITY" ) its officers, and employees against any and all liability, claims, judgments, coats and demands, however caused, including those resulting from death ocinjury to PERMITEE 'S employees and damage to property, arising directly or indirectly out of the operations conducted under said Public Works Permit by PERMITEE, including those arisiny fcaM the passive or active concurrent negligence of CITY, / its officers or employees or of the negligence of third parties, but save and except those which arise out of the sola negligence, or the sole, willful misconduct of CITY. To the extent of its duty to indemnify City, its officers and employees, FERMITEE will conduct all defense at its sole cost and expense. Any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by PERMITEE or may be awarded to CITY b a court of competent y jurisdiction as coats Pursuant to California Code of Civil oceF dint, g 1021 . PER x1F; BY• �title:�gjgt Vic,* R-r8-1-d 1'Q truction ByeYtlifv Ce President/Division Manager If a Corporation, TWO OFFICERS riust signs or, in the alternative, present datisfl�ctory evidence of your authority to bind your Corporation. • -� .-gym rove 51eVit P/a n APprA��l5 PUBL:C WORKS P9RMIT NO* I ' INDSKNIPICATION PORK In consideration of Public Works Permit No. , receipt o= which is hereby acknowledged, (hereinafter "PERM17ZE" ) hereby agrees to protect , defend, indemnify and ho_d a::d save hornless the CITY Or HUN71NG ON BEACh, (hereinafter "CITY" ) its officers , and employees against any and all liability, claims, Judgments, I costs and demaids, however caused, including those resulting front deat.% .r injury to PERMITEE ' E employees and damage to property, arising directly or indirectly out of the crerations conducted under said Public works Permit by PERNI':EE, Including those arising from the passive or active concurrent negligence of CITY, its officers or employees or of the negligence of third parties, but save And except Lhose which arise out of the sole negligence, or the Sole willful misconduct of CITY. To the extent of its duty 'C to indemnify City, its officers and employees , PERMITEL will Ij conduct all defense at its sole coati and expense . Any costs of de ense or attorney 's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by PER!:ITEE or may be awarded to CITY b a A y court of competent jurisdiction dx costs pursuant to California Coae of Civil Procedure S 1021 . PERM TEE: � BY: itle: Kira« v; - o.. � a ..« ,c , 26 e.a...., r,.�.Q truct ion By: 01 � Flit, ISVice President/Division Manager If a Corporation, TWO OFFICERS must sign; or , in the alternative, Present satisfactory evidence of your authority to bind your Corporation. REQUES i FOR CITY COUNCIL ACTION —ib$ Date May 21, 1990 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator (,.�.� Prepared by: LCITY � .. - � ouis F. Sandoval. Director of Public Works APPROVED BY CIT o tj�, Subject: NOTICE OF COMPLETION TRACT 13466 ,-.. Al- f 1) x� Consistent with Council Policy? 1 {Yes ( j New Policy or Exceotiow- MR=K Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATE LQF iJ tE: Warmington Ocean View Associates has completed all street improvements for Tract i 13466 and Is requesting release b the City, as required by Section 66499.7 of the Q S Y q , Subdivision Map Act. Cg>ti1ty�IDATION• 1. Accept the Improvements dedicated for public use. 2. Release the Faithful Performance Bond. �lll../ 3. Release the Monument Bond. 4. Accept guarantee and warranty bond number 9601485. ,•�� S. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. i ANALYSIS: i Subdivider: Warmington Ocean View Associates, 3090 Pullman, Costa Mesa, CA 92626 Engineer: RAAB Engineering, 1700 E. LIncolr. Avenue, Sulte 20 - 201, Anaheim, CA 92805 Location: Southwest of Slater and Springdale Lots: 52 Acreage: 9.998 Zone: RI-C2 ATTACHME.M: Sectional Distr±:t Map This -rent has been constructed in substantial accordance with the plans and specifications- on file in the Department of Public Works. MTU:LFS:ASB:dw 2406g/2 Plo SM Pi ANtAd — SECTIONAL DISTRICT MAP 28-5-II CITY OF HUNTINGTON BEACH H ORANGL COUNTY, CALIFORNIA USE OF PROPERT Y MAP • � M..7NLR ,_ AVE rTUF _ — _ .... ...t yr S: �� . `�^fTIY �S'�..i.��L...�y=—�...f` -- ��-f, � ~�q � �T• 1.. �' i f: • I-�• � � - rerr rr CF-E W I TT N r - , .. Prmniuo r�tt Paler I&Kor r • ~ GUARANI-EE AND WARRANTY BOND • WARMINGTON OCEAN VIEW ASSOCIATES. A CALIFORNIA LIMITED WHEREAS, p'ARINvucsst a Principal, and DEV�ke; INSURANCE CO%1PANY ► a corporation organized under the laws of the State of CALIFORNIA and duly authorized to do business in the state of California, as Surety, era 17o1d and firmly bound unto the CITY OF HUNTINGTON REACH, California, as Cbligeo, in the penal sum of FORTY NINE THOUSA"D 4 NO/100the i ________ ___-___-- _049.000.00--) representing 10 percent of the contract price enterod into between the Principal and Obligee, to which payment: well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators# successors and AssignE jointly and severally, I wHEREAS, the said Principal entered into a contract with said Obliged, dated for work deacribed at follows: 5UBDICIS10:i IEIFPOVEmEa:TS - TRACT 17466 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work, and acceptance thereof by the obligee, against all defects In workmanship and raterials during said one year period. WHEREAS, said work has been conFiet:ee, and accepted by � Obligee on !:OW, THEREEOPX. the Principal end Surety, jointly and severally shall indemnify the Obliges for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year fz:on and after date of Completion of work and acceptance thereof by Obligea, SIGNED this 1101 - day of APRIL r 19 90 _ Signatures steal: be notarized. 1%uthoriznd representatives shall be president and vies president or attorney-in-fact owner. WM41NGTOI: OCEAN VIEW ASSOCIATES. A CALIFORNIA LIMITED PARTNERSHIP t` PRINCIPAL—- 7:� - BY: WARMINCTOS HOMES, A CALIFOR ' • CORPOR.121ON @ CF'3"ALPAME 2NBy ti " O DEVELOPERS INSURANCE COMFANY SURETY " 1Y Aut or sc itep csentativc BILLY G. BERGAN ! I POWER OF ATTORNEY OF (va 043011 1 _ INr•�`MNiYY COMPANY OF CALIFOFr • ' AND uEVELOPERS INSURANCE COMPANY P 0 BOX 3343•ANAHEIM.CALIF. 92803 • (714i 999.1411 NO I I::f. 1 All f.bnrr•u„1.,.ir.,r It hel•ll gr,r.!1•,t .1 I,',,tny r.rnt hrrrr ma4•r•,• „ i t r(},ly M D.•:rr,t.•• !'r'r it } w. .. , • 1 • .. .. • n • .. , •,• r. 1 K14OVI All PAEN EUY THI'Sr FIIESINIS th)i eltorl As r,pfr.ily 1•rT,Jrd INDEMNITY COMPANY Of CALIFOHNIA.0 J DEVELOPERS INSURANCE COMPANY,do each sevnfally,t)uthnl{o,ntly,Gefrhym.t►u.ct,t,st,tutl,.lndarp(,,'nl ****n11,1.Y G. PERGAN**7t* , i the true r+nd I.Ir l�l A11u01•ryls).41 1Ja,to rr,gsr r•n•v,tr d•"ref a^J J,►nUwledye for J. Lends unJurIAkmgs inu ConlrACts UI 1 sufetrshgt In un.ue+,un:1••,•«af c.h^y S I rj1:(,r„� ,,,,r,,n-,r•wn!r•r ri',n.J y f nq anr!,3•,,+•I,nll...;,,s t Q Afl.!n,r,l7 .,. 1 Jai h,U f•uwrl 4,(l aim mly to Jo ai.d to peffurrrl$very ALI netrNiar y.feyu�sJe ryr pruUr'I,hr d„ne'(n<w.,r,.;.,n lr,•rr•tit!,a!rJt',;,t sJJ wrf•u+J!.,�'S t.uulJ tl:, t.,.tf.•-e/y•,••1 So r.K^utlldtq•f,Crabu.tif,.11 puwef ut subSLtut,An AnJ r$v OCa• , !w,n rth;i JII 1,f RIB acts of sA J At':r.rrlsl'fi f•,(1 ( .r S,..t•.t t,If•c•,r rr.•,rr.t5 d1h hrrf•Ur IM f,rd.0.1 t•'+•^vJ lim aulf' fit and ewers to,,r•rfe j I) Iti�!{P,Iwri t.l A!l,'r�•• •lj fiot r.!"n'l11).M ul 11 1., )w„, ,1'. ..... 'I.• �� i, 'f 1,�,ifJ(It I% If.t sr,f) � C I 1' Y / I J t�"' i 1 f)Jfik depos•lofy Uor d% m')rlyayr of h,.n•r,(,''"r ifS r":)•'J r).•..,.Jr,te lee t••rdi y.Jrw:cr•,0 ,vL"i fir,i f ff.c• "'.,!r tr,.%w.tre Lr ndi. hnnQs on Unarcial nsidulions.laise 1 Lontls int,urart o u,'n{.1'•I :,ahf),"y h,:r U. r r,r +w s I. )s n•7thly t.u„ts t't.n.'h„r It, i 11ui1'onetut All,)we,Is yr♦+.trJ.t"3'i i'Q'u•'1 G,1:p i-+••rr ,'Jr J-.!.,.nllnr forts 1!, w•n f,! , ..Il (),'I+c lots o l INDEMNITY COMPANY Of CALIFORNIA and DEVELOPERS INSURANCE COMPANY,ell.-,t.r•1',U! +rf,t,•1•+••• .a :`•ea IIESULVEU fhJ1t!eCt.iw-4., ,tt RaJrd 1'rl'n•;.w1.11 )Jr., :tol'rrsdr:I,,f1 ••r,r(,"rJl-r to.- .61J1•,)!.,I(1 i1t'r•nrrrrL,'s ),t.';,N:r.tlui.t(.f,ltli'owrrsolAlwoml) qualdr-hIjV.1uUurnu,li)f,,.r,.r.J.r'r!rl uwrrs utAn,,,(•ry t(,r etu'r „fi L'rl all(Jtf,rtu•f.'.1!.:+, 1 I, 111'iso,Iyl Jrdt.,nl'A(li Ufi O et,thfl rfi:l ll.al lhrr i+•C11•idry Ll Jny Astis I'mil'.irL/ill•/y Lot th.l!CLI(hl if•r)'.t:r •fi4 r.1(I,u':•.'•+s t wi,t"'s .1„l")!•trA to./itt•11 I't•r'•rC,,f••,"(,t,r•,,%ni I•{;;wvr i•f A:!,),-.,. IIE50tvl1).1WITIILFItl site uLyrJb.mild5.,f+.rI'..r.sr,A,Li,411,u•C11,)an,a,n111,)wr•t.tA!,• f.,-,.•'t_.,,y,r,!LtJtrrtlAl.nfl+rrPtuhy1a:1'nnW,andan)su[hf�welCIAIfUI• 11")(,1Crfl,I,C..IHh«Il+r:,)R„t/,III,1'r•,!,,y'�n.11srrS•,! ,'I,...J'..}•f'J h f(3 fill I,{•)n tf.,r:r.ri.'"fit.:fi At I","1..•I r 4J',1—!'.••f.rl.rrw,tl,r+i{Irt.t1.1d,',1.110 :.ndefta1o,n,0f CVNI ;1u1OI i,t00{:1,+f1 to wt(th it Is allatt r:) Ill IVITNESSVOILIIEOF.INDEMNITY COMPANY OFCALIEORNIAa,-a DEVELOPERS INSURANCE COMPANY+•,•rs•'a•fJ,hr w•.rdtneirpr'itnlstubns,nnadt ylhtluleipec• brn Plps,(I rills afill atle ilyd CI tt'e I If if trC 1,.0'i,•(Jrta••rt to-t 7r•d,14,ill jA",,•I1 1'•'1; INDEMNITY COMPANY Qf CALIFORN(A DEVELOPERS oNSU14ANCE COMPANY fly fly Grtnld A Sa•r.ageau.Frei'dr.nt rysl a.-`� Ge!1W A $auvatlrAJ.Vfr t,dunl � or ' teror � . AY It S I ATTf.`_i ) ) ,17 ' lilfl • / /� �/ 1 rf rffist,�,!/ �+.i , /�f• �. �(irrtv. ESy 1 fir Nd•rr C Cfowr.i ;t..!t'tA'y fill"4,00lve.: Sr(rritil" ) I �i 1 $TAIL Of CA01"011111A I (A)UNIr Of 011AfIrrl ) fht JJ„uary 2. 1990.t Jtufr me Me unJ••rsvlre,' J h 1!.I,y 1'.A- L 1,r ".0:iin1!' :•try. rJ,, „ppr•n'r•.1 t,wald A !fAu.Ji;PJ" and 110.11y C C.10*113 polSur+.slly\lozintt W rfi mefuf pro.alto me pf.tt'r[;•s'i pfial,ila[Jf.fyt•.'dr'u ell hi h••Ir.•(,rri:fni wl'.ur.rt ulyd l/0w11,n„••.!r,,r! lth VIC 2.0rfi1 an(14rt r.•Ial itrill tool,lit Jlndeirri.ty Cor"Pocy fit C$Idufnia bind AS Ple)•dnhl a10 SV'W8ft fin t•ahJ(I 0t)r.N:,.3;1•r41„1,dU•I-r C.on'p,u".11'.1(.ur1,,,1, ,ns o rot "n,v'vd n'^.1 a.►n(,wlr,(fijrJ I.,ref!Ihxl thu 1 t,If out rt,un0&a"Cufed itYirITNLS 5 my hand anJ.rt•t,,d 7tJ1 / t OfIfCW$LAI �!'�f�c- IT -,..<t>✓ VIRGINIA M. LOUMAN y1•na!ure ti IAOIAAt PL}yl3C•CXiftKtH)A Nota/r 1'„t'l C : PRINCIPAL UIFFICE IN ;•♦ ORANGE COUhIy s YT Gamf1(SL]fl lip Ap 9r 1991 CERTIFICATE I Thy tindersfgnrd,ui Vrcu PresiJent of INDEMNITY COMPANY OF CALIFORNIA,snJ Vrct'Pr't.dnnl td DEVELOPEFS INSURANCE COMPANY.does hereby eeriffi that thn tdlegofnp urul attached Po,vrr of Ati,irnny frms ill m lull Iolce and t.ai not burn rcsosrtt A I flthrrmore.ti,m t!'.0 pronsv„•.CA ihr fC:otyh4r,sill U•a resptct„in E3Catdsof t),fbClars of said *wPotaWns Set Inith on the r I,el of At!nmt'y.air,n h Ice Its of the date of Iti-I Cerld,CAe I Thls Caftil"It)Is executed In Me City of Anana,m•Ca',!)fmr,this ...11-tbay of April 1990 INDEMNITY COMPANY Of CALIFORNIA DEVELOPERS INSURANCE COMPANY his lit r lit A /�• o°• i0 jam'• • fly—. + � C.TSt r r • a�`Qr►oA1;•i. VAN fir L C Ftettgst `, I:Ci ,.)u13y C Fr..b,gel " • $en or�' .e Pfesfdert i-, frC1;,, Sen_;r Vic.)'rnsldent !►^,�!%: ID•310 nEV 1241 CITY OF HUNTiI' G TON BEACH t 7000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK I September 27, 1988 i { Warmington Ocean View Associates 3090 Pullman i Costa Mesa, CA 92626 Gentlemen: The City Council of Huntington Beach, at its regular meeting held NondaX, Septembgr approved theSubdivision Agreement or Tract o. y1nr'r . We are enclosing herewith a duly executed copy for your ! files. tSincerely, Connie Brockway City Clerk 1 j CB: bt i Enclosure j i i i { i (Tde;nhwe;714.536 5227) •,,, „� CITY OF hil. NT11' GTC` N BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 23, 1988 First Ainericac, Title Insurance & Trust 114 E. 5th Santa Ana, CA 92701 Attention: Subdivision Officer RE: Tract Map No. 13466 This is to infot,n you that all fees have been paid and conditions met on the above named tract. You are free to record same at your 1 convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk CB:bt Enclosure 1 Received by All � Dated.____ . I i F Tk I phonr7i:-6a6.62I7) r NOTICE OF P'NPLET I ON WITH CONU 1 T I ONS ^ TRACTS AUTHORIZATION FOR RELEASE FOR RECORI) ING TO: CITY CLERK DAIf: : FROM: PUBLIC WCRK:i DEPI.RTh1EN1 Bruce Crosby TRACT NO. �'t�G"�- DEVELOPER CONDITIONS : Deposit of fees for water, sewer, . . , drainage, engineering and inspection Bond for Improvement . . . . . . . . . . � S f(Ina hero of Agreemeti t . . . . . . . . . Cor•t I f Ic;lte of Ins;uT-'11)V . . . . . . . . Itond for h141iitimon1 1 .il���� .( t,i.ti 1 ��r i .► i if��n�1 � I 0tItvI lr-�- Signature —-- I it I I r.� NOTICE OF COMPLIANCE WITH CONDITIONS 014 TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date ' (7 TO: City Clerk FROM: COMNIU14ITY DEVELOPMENT Douglas N. La 'Belie TRAC':' NO. 1 PARCEL MAP NO. RECREATION & PARK F S ?AID _ i "I - OTHEReL 1,4 ltr ``7 L / V1, -tea r (43,8d) I I 5,d'' 7�},}�,•�'i j v V r , „K r�,,�,�� `.�' M,• a'c�. 11,. ,.ti;:. ;:�' ', ��irh�7�r•. +��I,���y^;"•�'t;q'',i' .:l••'� •�' :',��'+��� ' t.•Se1�'w.&.�S..tSt �y„'L , L� _.fia.ik'� '4' 'e:i.t..�1�:-:-A:�'�v�.a:..x'lia.-..:•li:..l •l ��.._. f 7.'.'a.. �". 1 REQUEoT FOR CITY COUNC,L ACTION September 19, 1988 Date .�.. Fioriorable Mayor and City Council Submitted to: 7 �-'( r3ul Cook, City Administrator Xi , f,�ti Subrni'.ted by: `p�� friike C. Adams, Acting Director, Community DevelopmL-nt Prcpar rd by: FINAL TRACT MAP 13466, BEING ALL OF TENTATIVE TRACT NO. Subject: 13466, AND SUBDIVISION AGREEMENT FOR TRACT 13466 ppPitO"VED BY CITY COUNCIL. Consistent with Council Policy? VV Yes I 1 New Policy or Excepti = . .4 ! Statemant of Issue, Recommendation,Analysis, Funding Source,Alternative Mman it r,r•_ iTIlT���4�:�i1F K The final snap of Tract No. 13466 being all of Tentative Tract No. 13466, located on the east side of Crest:moor Lane, 100 Feet southeast of Serene Drive, has been subm' t.Led to the City Council for approval . Tentative Tract No. 13466 will expire on July 1, 1990. RECS?LF�IPIlT�Qii 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 snap is in y substantial compliance with the previously approved tentative is 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 i, completion of requirements shown. 4 . Instruct ;he City Clerk to not affix her signature to the map j nor release it for preliminary processing by the County of 1 Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewor, drainage, engineering and inspections shall be provided?; b. A certificate of Insurance shall be submitted; c. Subdivision Agreement; I d, Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final malt. 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 prier to recordation of the final map. t Nosroa 1 i f. The Park and Recreation fees shall lie rety posted in an amount equal to the in-liei ufees andd or a approved qa pr d as to form by th CityAttorney filial map, Y prior to retardationn o off the g. A faithful Performance Bond, a Labor and Materials Bond, and a Monument Bond shall be posted in an amount determined ! by the Department of Public Works and a by the City Attorney approved as to form Y Prior to recordation of the Final Map. SUBDIVIDER: Warmington Ocean View Associates 3090 Pullman Costa Mesa, CA 92626 ENGINEFR: L.S. Harold r�. Raab o 2911 � LOCATION: East side of Creatmoor Lane, 100 feet southeast of Serene Drive. ACREAGE: 9.888 acres LOTS: 52 NO. OF UNITS: 52 ZONE: RI-CZ (Low Density Residential District - Coastal Zone) GENERAL PLAN: Low Density Residential DI$CLtR�Tnnr; 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. j On Jute 21, 1988, the Planning Commission I.pproved Negative Declaration No. 88-15 for the project itself. LNG 50ttRr�; Not applicable. I. Area map MA:TBR:gbm RCA - 9/19/88 -2- (1264d) M Rl1 ` .. t; RI-FF2 R! • Q-,`"ram ! RI RI RI RI �- / ++ CF-ERl Rl RI .. �GZ• � o a .r 1 RI ^..ram • ..«» _ __ CT_ - Rf , .Gti ¢ u -CZ rS. u ru _ fj r, 7� R, Rl Rl Rl F 111,111 -C2 C R s 4 � ti CF-E-C R I RI Rl R I CZ e e RI•C2 e cr RI•CZ • a f a RI•CZ RI- C. fT 13+ j,"MM, nwt►i+G10•r othch .4UW*#GTON BEACH PLANNING DWISION f' INGTON A Lr YOME September 12, 1988 Mr. Tan Rogers Jhe City of Huntington Beach, Planning Departaent 2000 Main Street, 3rd Floor ' Huntington Beach, CA 92648 Fee: Tract #13466, Crestmoor, Huntington Beach I Lear Tom: � Per cur conversation of Friday, enclosed please find the original execut.!d Subdivision Agrw=t by and between The City of Huntington Beach and � Warman&3ton Orman View Associates for Tract #13466. Please see that this original document gets to the City Attorne%,s Office j as soon as possible. As you can see, we have left the agreement date_ k blank so that yam can fill it out accurately. 7f you have any questions and/or problems with this, please let me know as soori as possible. Again, thank you .for your help in this nutter! Cordially, Denett3 D. Oliver for Dana Bieber, Vice President Division Manager Diclosure /ddo cc: Dennis Harland 3090 Pullman Street, Suite A. Costa Mesa. California 92626 (714) 557-5511 - FAX (714) 755-6233