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HomeMy WebLinkAboutFinal Tract Map 13478 - Portion of TT 13478 - California Res SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTZNGTON BEACH AND CALIFORNIA RESORTS/HASEKO ASSOCIATES FOR TRACT NO. 13478 t THIS AGREEMENT is entered into this 10th day of February , 1989, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinaft,vr referred to as "CITY, " and CALIFORNIA RESORTS/HASEKO ASSOCIATES, a California general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain r 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. 13478; and Aa a condition of Oe 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 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 , I following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Srct•ions 40499 and 66499.3 of the Government Code of the State of California, and Article 997 of CITY 's or.dio.i nce code. NOW, THEREFORE, in coj,sideration of the promises and ag .eements of the parties as herein set forth, the partie3 Agree as iollowa� 1 . GENERAL STREET CONJTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map n1-t completed at the time of the recordation thereof to incl,ide, but not limited to, the construction of streets, including excavation, paving, curbs, rutters, sidewalks, traps and landscaping; sewers, includinq 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 installation of meters; enginee:'ing costa,; and ^ny miscellaneous requirements as may be cet forth in CITY 'S codes. All of said I work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City 1 Engineer rnd filed in the office o.. the City Engineer. All of work shall oe 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 h. areof, and all labor and material bills therefor shall have bee:, paid by SUBDIVIDER. -2- i 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees ;o complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot 4.n the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation au Mated herein for a period of one ( 1 ) year following the date of City Council acceptant-- of same. 4 . FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 937, upon execution hereof SUBDIVIDER shall deposit with thL City TreaFurer the sum of One Hundred Sixty Thousand, Five Hundred and nc/'100 Dollars, ($160,500 .00) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement an►! o.' all of the conditions of the Tract Map. The deposit ray be by corporate surety bond, cash or other approved form of improvemen' security. All bones and other forms of deposit shall be approved by the City Attorney prior to their a^ceptance by CITY . SUBDIVIDER may, during the term of this Agreement:, substitute improvement security provided that the substituted security is acceptable to tt,a City Attorney; however, any bond or other security given in satisfaction of this condition shall remain i-i full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required t,y CITY to provide a substitute security at any time. --3- I I i L 5. INSURANCE I SUBDIVIDEF. agrt!�s to furnish to CITY and maintain in a 'orce until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER'S sole expense, a general liability insurance policy, including coverage for bodily injury, property I damage, products/completed operations, and blanket contractual liability, it. which CITY is named as an additional insured. The jpolicy shall insure CITY, its officers and employees against loss, damage or expense by reason of eny 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 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 deuignated gt-neral aggregate limit, such limit shall be no less than Two Million Dollars (*2,000,000) . In the event of aggregate coverage, SUBDIVILL"R 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, shou.d such work become necessary. A cer;.ificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by -4- I T SUBDIVID?R, Such certificate shall provide that the insurance carrier notify CITY of the expiration or cancellatiou 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 Attorney. This agreement is void and of no effect until such approval is obtained from the City Attorney. 6. WORKERS' COMPEN.SAT_ION SUBDIVIDER shall comply with all of the provisions of the i Workers' Compensation Insurance and Safety Acts of the State of California, in re9ar6 to any worker employed in the work to be I performed hereunder, and shall indemnify, defend and hold harmless CITY from and against all claims, demards, payments, suite, actions, proceedings and judgments of every nature and description, including attorney's fees and costs, presented, brought c-- recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any Work L•o be performed pursuant this agreement by an;1 person or entity including CITY. SUBDIVIDER shall maintain Worker 's Compensation Insurance in an amount of not leas than Five Hundred Thousand Dollars (�500,000 ) bodil, injury by accident, each accident, Five Hundred Thousand Dollars (�5001000) bodily injury by disease, each employee, and One Million 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- i I i� I i hereunder, furnish to CITY, on a form approved by the City I 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 b} SUBDIVIDER under Section 7 of this Agreement. 7, INDEMNIFICAiION� DEFEMSE4 AND HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify, and hold and save harmlesb CITY, its officers, and employees from any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to proper�►.y, arising directly or indirectly out of the obligations herein undertaken by SUBDIVIDER, or out of the operations conducted by SUBDIVIDER, inelud-iiig those arising from the passive concurrent negligence of CITY, but save and except those which arise out of active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUVDIVIDER will conduct all defense at its sole cost and expense. Any costs of defence or attorneys' fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by SUBDIVIDER or may be awarded to CITY by a court of cor,;petent jurisdiction as costs pursuant to paragraph 9 hereof. 8. PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the City Council of CITY of the imfsovements offered for dedication in -6- sa).d work, give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling pi-blic 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 ac improved shall be under the charge of SUBDLVID►;R fcr the purpose I � of this contract, and SUBDIV1DER may close all or a portion of any � I , I street alley, sidewalk or right-of-way whenever it is necessary to I , protect the traveling public during tha making of the improvements herein agreed to be made. SURDIVIDER hereby agrees to pay for such inspecticn of highways as may be required by the City 11 Engineer of CITY. ' REST OF PACE NOT USED j 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, tc be fixed by t a court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement one day and year first above written: SUBDIVIDER: CITY HUNTINGTON BEACH: CALIFORNIA RESORTS/HASEKU ASSOCIATES, A California General Partnership , lq-a-y - By: California Resorts Inte�aa ional, Inc. , a Calif :iia orP9,r .i,,on, General ur.tn' -� Presi ZHASE �etary KO ASSOCIATES, INC. , a California corporation General Partner Pre9 id 1 Secretary i t ATT APPROVES TO R City Clerk ityxEt6rney Pv� REVIEWE ND AP ROVED: INITIATED D APPROVED: City Administrator Direct r of Public Works sg i -80- 7 r �COMPANIES AFFORDING COVERAGES ._� .!•;r• - nr•�-r~/:r,n�-� .r�l� �j f1w:•T1�. i�'i��.'�.1T...� _:._ ..r 1 .rl._ . 1 I ••1�= .•.J..:`H .�.•:. c:a i�'••r r+;. :•/�F, /1 �..�M'•.. r' ram►•,. ..r MVO ti�y L12- G•� M1C 1fif 1� --��-- �- _•�^��+`=�, _•_".r:�C CY''•"'i',�1� ---- AIMS A1'/ A.:Fiii .� f•y_.t� � ..._ .. _ _ `;rFl••• � _._—_~._�-�.`-�-. 1 :�. A. 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Ari'y co IL f dE' erne C�_'' CI b:.�: 4�'' fee: .cUIIe'� j i i in �'1°v:C� trl;a Gb.' cation "il be 0 t _ :. z�:"�Urc:�i `'J I T;Y Ctf =�ITr'.'_1�^ nr ,,. c� riY•�. :i 1 r0 C- 7-v a a.-wrt :+f competent t,.cisdic!it?r, d� U'�;4 I:u:= 1a^,t ! : r11 ,fC)r'ify v;at�U f?` ''••CCedurF' I rE7ll.d.` 4% �7c"> �Cti.�. IG�"'"�`, i- +•CY ......��'r•'•"L OATS t ♦llT..:a':i�NIP* "[rTs-Tivt UT5 7�iai1 �/ g NO, • AT7ACnCGTGAVD EM?C4 .ti1EitE�TlYi - � - olY.MG A/AAT CJ .~ IG ' 'MC A TOT C�� lr1 1?C1 `L7`�� �- i4:UN/. .:.Eh�� •Hd�....L Ktr�►Ml ! ---�-- Au GLS 215485 �; 8i X PILLZREST 040010 CORPORATlou/J. A. HILL _.__. C r AT10r1 IT N_h=CY tJ r;ERSTOr,7- A%-11 ASREF.D Tu.^•T A: SU;N !NSURANCE I AS IS EY HI FC!1CY ALSO PPPLi=. Tu: CIT r OF HUNTINGTCt•; SEACIi, CALIF. , TTS D*'FICERS AND I IS EMPLOYEES 2200 'Alf) STREET BEACH, CA 926-4 AS ADDITIONAL iNSUREDS, EUT SULEL! AS RESPECTS r- ERATICN5 I'�•A"IJNI•�U 9Y OR '{ KH"L p v TI-'_ !'.r+l' iJ ..51rR....1• ' ! I I =erivary 27, 19c7c;�:-�F.z� � �. DATM -� ,�.•„�n.:c�*iKsscvr.*..c // 1 Lr1 7 to all V I NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP � i AUTHORIZ.ITION FOR RELEASE FOR RECORDING ; Date TO: City Clerk i FROM: COMMUNITY DEVELOPMENT j Douglas N. La Belle II TRACT NO. PARCEL MAP I40. RECREATION do PARK FEES PAID ,( ' -4"''^-•-�+ OTHEROra 400010 ^,r+.+stCi.".ti'lJ�r,r 1"'f'w:.^,.:....... �!;'.."•�.��r'._.. . .. ... .� . ... .... ..... .. . ... .ter n .. .. ...,.-.��..a Y»ir+�._.•...,. .,.+�j q��y. x`r'1�rt��M�:¢+"',"q,y.,.i,w'St.7 f-...-i�.'i""�.►�i:�- .'1f0kS�.'..+WET I •r 0 I NOTICE OF CAPLET I OIJ WITH CONDITIONS ^TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING T4: CITY CLERK DAT.". : f'R0.'•I: F'ON IC WORKS 017PARTMU!'I 7� T Bruce, Crosby TRACT NO.`17¢7� UEVELpPFR I CONDITIONS : Date Depnsit of fens for water , sewer, , drainage, enginer,rinq and inspection ©and for Improv:;menf . . . . . . Signatures of Agreement . . . . . . . . . Certit 'cate of Insurance. . . . . . . . Bond for Mon.+mer is . . . . . . . . . . Labor b Material Bond . . . . . . . . . . Other: I Signature i wrCA¢."CI:$'':++1.•�,',• :;:{`_,ii i:1:11:-. ,��7.:.....ri....:F:. :.:e....r s.s.r.......�....... .s.w•.,:Y.w.......�..._..-.�-...---- -.••r_.. slt '.'w�e�i i �r I CITY OF Hjt,.leNTINGT .. N BEACH 14�r 2000 MAIN STREET CAE.IHOFINIA 92648 i I OFFICE OF THE CITY CLERK ' April 4, 1989 I First American Title fnsul•ancr! 7. Tr•u,,t 114 E. 5th Street Santa Ana, CA 92701 Attention: (jubdivkion Off icer- I , RE: Tract Map No. 13478 i This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to rec%rd same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Hantington Beach, California 92648. I Connie Brockway City Clerk. I i CB.-bt Enclosure / 7 I Received by �. � Dared �'G' ` �• �• (Tel o p hog t:714.5 35•G 227) I CITY OF HIUNTII`VGTON BEACH CH ? ' 2000 MAIN STRUT CALIFORNIA 62648 J OFFICE OF THE CITY CLERK March 22 1989 i i Lalifernia Resorts 222 - 6th Street ! Huntington Reach, CA 92648 Gentlemen: i The City Council of Huntington Beach, at its regular i meeting held Ma h 20. 1 gag , approved the Su[div sion greemont or I•act—�to:13a7H . We are enclosing herewith a duly executed copy for your files. t Siggerely., �� Connie Brockway City Clerk CB: bt Enclosure i t i I TU..phonc:714.536.52271 I I REQUEb f FOR CITY COUNd! ACTION Data March 20, I989 Submitted to: Ftonorab' a Mayor and City Council Submitted by: Paul Cook, City Administrator Prepared by: Michael Adams, Director, Cummunity Developme t ,. 34, Subject: FINAL TRACT MAP 13478, BEING A PORTION/.'ALL OF TEN7iATIvi' TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT ' 13478 A.PFR0YLD By CITY CAV, aTL Consisteot with Council Policy? j}Q Yes [ J New Policy o,- f:xceptio _ U' Statement of Issue, Recommendation,Analysis, Fundinq Source,Alternative + fiThT=NT OX IS ;JE: The final map of Tract No. 13478 being a pertion/all of Tentative Tract No. 1347E , located on the inlan side of Pacific Coast Highway between Second and Third Street, has been submitted to the City Council for approval. Tentative Tract No. 13478 will expire on April 15, 1996. 1. Approve the map pursuant to the required findings set forth is 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 Dy the Planning Commission as set forth by section 66474 of the Government Code, 3. Accept the offer of dedication and improvements subject to completion of requirements shown. 4 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions h6 been complied with: a. A deposit of fees for water, gcwer, 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 Wn,:ks prior to recordation of the final map. 6 f� -4A ' Plo S/05 I e. The Declaration of Covenants;, Conditions and Restrictions shall be ro!+aewed and approved by the Department of Community Development and approved as to form by ':he City Attorney prior to recordation of the final snap. f. The Park and Recreation fees shall be paid or a surety pouted in an amount equal to the in-lieu fees and approved as to form bf the City Attorney prior to recordation of the final map. �,. 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 Counc3l accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider. a. faithful Performance Bond No. 3SM 71714500` b. Labor and Material Bond No. 3SM 7171450 w 0in C. Monument Bond No. 3SM 71710000 RN�,YC tfi SUBDIVIDER: California Resorts/City of Huntington Beach Redevelopment Agency i ENGINEER: Walden & Associates David L. Walden, R.C.E. 19402 LOCATION: Inland side of Pacific Coast highway between Second and Third Streets M'REAGE; 2.556 acres gross LOTS: 1 1 NO. OF UNITS: 130 t ZONE: Downtown Specific Plan, Listrict 3 t GENERAL PLAN: Mixed Development ! C�I6CU�SIQjq; The map has been examined an3 certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as fixed with, amended and approved by the Planning Commission. i RCA - FINAL TRACT 13478 -2-- (2191d) t I i i S EWIROOENTAL STATUS: The project is covered by Environmental Impact Report No. 82-2 pursuant to Section 15182 cif the California Environmental Quality Act. � DI14G 6Dy: Not applicable, 1. Aron map 2. Subdivision Agreement 3. Monument Bond ' 4. Faithf,il Performance Bond 5. Labor and Material Bond MA:TR:jr i fa I i ' i RCA - FINALS TRACT 13478 -3- (2191d) F 1 h ,/♦ ♦,�` if I � •��. �� � , >r /u s !r MDTOWN 5 FI •CZ i NoMOISTR 1 i 4U�: at-a-Fn f�� If Az ♦ •BL OCA[11 i I�