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HomeMy WebLinkAboutFinal Tract Map 13711 - All of TT 13711 - Seaporte II - Subd SUHDIVIS1QN AGREEMENT DY AND BETWEE`. THE CITY OF NTI GTON BEACH_AND_ SE&PORTE _II EQR TRACT NQ• 137Il; THIS AGREEMENT is entered into this 21st day Of AsIgul5t , 1989, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SEAPORTE II, a California joint venture, hereinafter referred to as "SUBDIVIDER. " fl CITAAUS WHEREAS, SUBDIVIDER is the oriner of a tract of land in CITY, which it is seeking to subdiv;.de 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 No. 13711; 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 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 following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required - 1 ' 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 conrside.ation of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 . GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the } construction of streets, including excavation, paving, curbs, f gutters, sidewalks, trees and landscaping; sewers, including 3 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; engineering costs; and any miscellaneous I requirements as may be set forth in CITY'S codes . All of said i work shall be done and performed in accordance with plans, specifications and profiles which have b3en approved by the City I 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 ther,afor shall have been paid by SUBDIVIDER. 2. ARlr6R All -III UHW—Ay_LMPjR0y=NT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required I i by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract . 3. NTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year followisig the date of City Council acceptance of same. 4 . FAITHFUL ZJLEQ HCE__ NA_D _LX RITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the scum of Twenty Nine Thousand Collars, ($29,000) as presr .ibed by HDOC Section 9970, which security is given to CITY to insure faithful performance of thad Agreement and of all of the conditions of the Tract Map. The deposit may bes 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 acceptance by CITY. SUDDIVIDER may, during the term of this Agreemeat, substitute improvement security provided that the substituted security is � I acceptable to the City Attorney; however, any bond o other } � security given in satisfaction of this condition sh it remain in i full force and effect until the work of impruvemer is finally accepted by CITY and SUBDIVIDER may be required ` ,, CITY to provide a substitute security at any time . 5• mm 1101,DEFENS9,Het-MARKLESS I SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or 2 _ I injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including thone arising from the passive concurrent negligence of CXTY, but save an3 a-cept these which arise out of the active concurrent negligence, sole negligence, or the sole willful mis::ondvct of IITY. SUBDIVIDER will conduct all defense at its sole cast end expense. CITY shall be reimbursed by SUBDIVIDER For all costs nr I attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' !COMPENSATION INSURANCE Pursuant to California LnborgQdg Section 1861, '1 SUBDIVIDER acknowledges awareness of Section 3700 et sseq, of said code, which requires every eL:ployer to be insured against i liability for Workers' compensation; SUBDIVIDER Covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand IDollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250, 000) 1 bodily injury by disease, policy limit. SUBDIVIDER shall require all subcontractors to provide such workers ' Compensation Insurance for all of the subcontractors' employees. SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. - 3 - 7. I ORANCE SUBDIVIDER shall carry at all tines incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also inp.lude automotive bodily injury and property damage liability insurance. All insurance shall be . underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles end non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this f I ;­iment, in an amount of not less than One Million Dollars (4i,000,000) combined single limit coverage. If coverage is provided under a forn which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,O00,000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. _CFSTI IC TES Or IN NCE. ADDITIONAL INURED EVkQ,1=dF,= Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing 4 - i r i insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each ca,:rser and policy, and shall state that the policy is currently in farce ar.d shall promise to provide that such policies will not be cancelLjd or m3dified without thirty (30) days prior written notice to CITY. LUDDIVIDER shall maintain the foregoing insurance coverages in force until the work tinder this Agreement is fully- completed and accepted by CITY. The requirement for carrying thA foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies u:f insurance. SUBDIVIDER shall pay, in a prompt and timely manner , the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as ..dditional Insureds shall be provided to the City I Attorney for approoral prior to any paymont hereunder. 9 . dTTQ$NEYS' SEES In the event suit is brought by CITY to enforce the 116-esms and provisions of this agreement or in any bond given to secure the performance hereof, a reavanable attorney's fee, to be flxed I REST OF PAGE NOT USED i 5 " t by the Court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: xI By Jan C o u try , P esident Mayor C ltr eve opm t Co. , Inc. Ey Ming chi., GeqArtl Manager KN-RR Irk atment pang ATTEST: APPROVED AS TO FORM: 1�� 4�"4� City Clerk Attorney(-;-PG-1 REVI D A APPROV D• INITIATED A APPROVED: City Administrator Direc or of Public Works - G -- t Certifkate of Insurance The NotionwWo Insurance Compony Indicated billow certifies that the Insurance afforded by the policy or polities numbered tired described below is In force as of the effective date of this certificate. This Certificate of Insuron:o does not amend, extend, or otherwise alter the Terms and Conditions of Inwronce coveropt contained In ony pofrcy or FoliciRs numbered and dowked below. Certificate Holder's Nome and Address Inowelt's Nome 04 Addrn,, r CITY OF HUNTINGTON BEACH COULTRUP CONSTRUCTION, INC. Department of Building 6 Safety 13,001 Seal Beach Boulevard Suite 301) P. 0. Box 711 2000 *lain Street Seal Beach, CA 90140 Huntington Beach, CA 92648 DESCRIPTIVE SCHEDULE POLICY NUNiER AND Policy POLICY TYPE Of INSURANCE EFFECTIVE EXPINATM LIMITS Of 11Ai1LITY iSSi➢IiiO COMPANY PAW DATE l GENERAL LIABILITY General �jD Premises - Operotlau LIMITS AT INCEPTION Agp"to ;110001000 93 Products -Carrlphted Pr. Comp. Op. Apq.;1,000,000 r Operoliane Each Occurrerrce $1,000.000 AdvskV lnj,Iry 73 PR 005376-5004 9/27/88 9/27/89 I O tlfp�riAn I.000,000 D Modica( Expense Any Ono Perrot► ; 5,000 D fin VamW Legal Any Ono fine ; 50,000 O Other Liability AUTOMOBILE LIABILITY Bodily Injury OCCURRENCE D Comprohensive form (Each Person) Owteed Bodily Injury (Each Accident) D Hired Property dottx V D Non-Owned 73 BA 005276-0001 9127188 9127/89 Bodily Injury Ono ;l,f)00,000 Property Damage CafhbinW EXCESS LIABILITY 6od4l y Inivry and 0cc. $2,000,000 .D Umbrella Form 73 CU 005276-0003 9/27/88 9/27/89 Propebr"y Dap 2,000.000 Q workers, Compensatlon STATUTORY LIMITS Willbs 1 �� b�AccidiM Each Accident f/ ❑ Employers, Liability �1iy =y:.i1�"" - -!� `Bodily lnjt,i y Polity Lilnit 7-� by Disease s ily 111 tor.!►e"" by Ois"10 Irw"We in force enlr to noro►es rd+tora4 er X. — Description of Operations/Locctions/ Should any of the above described policies be cancelled YchKfeslRestrictions/Spetiai Items before the expiration date thereon, tha insurance company will mail 30 days written notice to the above named Certificate Holder. NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE 191SURANCI COMPANY NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY C Colvmbvs, Ohio j�h W7 Crrr-twore Iowa. 5/26/89 Smn.ry fhr,drra, ., Canr►n.�„d of Oringe. CA #733 Aur,rsrr,d era+,�nMri.e J �� MljjffiM7' 'M,%lP4TjJlYY) —89 _ FfQVucER THIS CERriF,CATF.IS ISSUED AS A MATTEA OF I►iF^Rl1ATION 001LY 4NO COC:FERS— 110 RIGHTS UPON THE CERTIFICATE FOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BEL MRPSM CO. _ COMPANIES AFFORDING COVERAGE 1lV3URAIy[�SIF�VIC!'�, IMC. fg" MtlU9M.CAW.+> M LETTE;i CALIFORNIA COMPENSATION ITISURED Y. __ -- ----^ tErTTFi 1 CGI.(PA+i r COULTRUP C"TRUCi ION CO., INC. IETTTtI c _ _..------_ 13001 SEAL BEACH BLVD. #300 cG,•;a",,r p — — SEAL BEACH, CA 90740 ' IFTTEiI t[TTE1i E t c THIS IS TO CERTIFY THAT POL.CIES OFINSURANCE LISTED BELOW HAVE BEEN*SUED TO THE ITISUREO NAUED ABOVE FOR THc POLICY PERIOOINDICA rED. NOTWITHSTANDING ANY REOWREMENT,TERM OR COEIOITION OF ANY CONTRACT OR OTHER DOCJMENT WITH RESPECT TO WHICH This CEATIFIC4TE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE A"FORDED BY THE POLICIES DE5CP:8ED HEREIN 15 SUBJECT TO ALL THE FER)AS,EXCLUSIONS,AND CO/'01- TIONS OF SUCH POLICIES. co — TYPE Or INSUFWiCE - POL,Cv IiL'!'BF:I --- -� ' ..f.. i' "'+�• IIAWLI(Y ll64i1S IN TIIGUSANOS LT I •J'i ,VrJ'(:ra I:a'! /'A'r:'Iry ^_' A'•� AG(:HE(IATE GENERAL LIABILITY _— aCalr ccm. dHE'l:.T HAM I vJjv"v $ $ P4EuSES'0PE,tAT luiS — PRCK'[(lrr U'.lYFGFt-V#D pAUAGE $ fJIPIDSrJI 1 CL'ItAP_'F nA.rA�;;l _,,_ (1�ArJlcTrrt(l.'FLflit)004PA7".S CC17R,•.CTU4 m A°D C a...I J VVD(PENCfhT C(f',TPK%t5 6R)AO IGHk PR>•"TRrr GJIt'A;.( Pffw4k llm4ly ( PERSONAL I!UU1110 AUTOMODILE LIA5110Y w•� A'iY AUTO .!arys.,� All Uh`.iG t1JTil5 ii+?.'; Fl,rul Kre. Al D?,'.f0 A:17l;; H(R Tw;',1 ,�:11`•, !S: PAIS I _ H RIO AIJTO� Pt70'E�TY ►irvi OV.',EO AUT"h DAMAGE .$ CAJW IIASIIri fif A MJ CCw:J:'.E D s EXCESS LIABILITY-- —_-- CGu!1 r,ED S_ Is (ILORELLA,MJ W l PC OTHER THA,4 Ff)40 _— I __. %ORRERS'COMPENSATION A► 10-30-9051 OOD1�H :,tx�ffirErfri A AND W 963 04 (3 06-30-89 $ 1 000 s(A�(c L'�Alr) EMPLOYERS'UASIUTY 01 SiJQ0"xS(A;E(JtC)IrI.!Ciudf) OTHER �• OESCPiPTIOH OF()<'EAZJ4Sl(X:AT6N5':EH.C'.iESS.'EC1�L ; CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE GESCAISED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF. THE ISSUING COMPANY WILL, PUBLIC WORKS DEPARTMENT MAIL DAYS N T 2000 MAIN STREET Lm' _ HUNTINGTON 3EACH, CA 92648 AUT►C- E' I.'PP .'ir T .E W. IG POLICY NUMBER: 73 PR 005376-5OU4 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS (FORS! s) + This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: 1 CITY OF HUNTINGTON BEACH P. 0. Box 711 i 2000 Main Street J Huntington Beach, CA 92648 i (It no entry appears above,information required to complete this endorsement will he shown in;he Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amendeJ to include as an insured the person or orgaoizalion shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. i I t 1 i RE; CGULTRUP CONSTRUCTION, INC. i 13001 Seal Beach Boulevard, Suite 300 Seal beach, CA 90740 CG 20 10 11 85 Copyright, Insurance Services Office. Inc.. 1984 Q -� ga Tr hV/O*-� 1183059 I'!tlJdIIM _wed in Perfa mcnce Hurd Potter J 1:1580 DABUR A.0 btiTTRIAL SR41 MIERFAS, the City Council of the City of Huntington Beach, State of California, and Seaport 11, A Joint Venture (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install And coctplet^ certain designated public improvements, which said agreement, dated , 19 , and identified as project Tmct 113711 N/S Lein, N/a tamer , is hereby referred to and maJe a part bereor; and WiiEP&S, tinder the tern: of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment band with the City of iuntington Beach to secure the claims to which reference is made in Title 15 (comcncing with Section 3032) of Part 4 of Ulvision 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors. subcontrActors, labnrers, naterialnen and other persons employed in the performance of the aforesaid agreement and referred to in the ttforessid Code of Civil Proceedure in Me sun of Emacm Magod E13a111M„i,w dollars ( 14,300.00 ), for materials furnished or labor thereon of tcny kind, or for arounts Jae under the Unemployment Insurat,ce Act • with respect to such work or labor, that said suroty will pay the same in sr. amcunt not exceeding the arotmt hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, i costs and reasonable expenses anti fees, including reasonable attorney's fees; incurred by "City" in successfully cnrorcinr such obligaticn, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall irpare to the benefit of any and all prr,cnttc, coc,nniei and corporations entitled to file claims under Title 1S (ccrr�encing with Sactien 3082) of Part 4 of Division 3 of 1 459,n0 Power of Att.,rney/ E12980 PREMIUM CHARGE � ON ANNUAL. BASIS FAIT1ff"(11- I,i:l:l'Uitt.1ANCF. K .41) . W)fF:REAS, the City C,'uun:tl of tiie City of tiuntiii ;ton Reach, State of California, and Seaport 1.1 A Joint Venture (hurc•nafter debibaated — "1'rr,,l ilial") hav, enterer! into in Aoter.n,cnt Mhr.rel.y principal a4r-vna to install and C-Inpletr crria:n d:signatcd public impruvrritrnts, which said agreement, dated 19____ . 'alld identified as Tivct No. 13711 prujcct 'Vy3,�pp,�(J[) tVnenne is hercL.i referred to and made a part htrco/; ' and WJIF,t11;AC, ..lid principal is requirt.d t:ndcr the terms of said aArae. ment to furnish a pond fur thr faithful performance of said agrei mint. Now, therefore, we the lorInLipal and Ann+'est 54MtYkMU? Wff C0MPany as surety, are held and firmly bound unti. the City of fiuntinewn Beach hereinafter t alled "City", in the prnal sum of YVenty Note T4tDumid Aaffors And Na�/100__.— _— —Jol:ars (,_2LIM0.00 _) l+wful money of the United States, for the pr yment of which tum well and truly to be frlade, we bind uursclves, cur heirs, successors, e%ecoatury and administrators, jointly and beverally. firmly by these preernts. The cundittun of this obligation is sucli that if tlic above bounded principal, his or its hetrr, executors. Administrators, successors 01 sasigiis, shall ui all things sand to and abitic by, and well and tr,Ay krep ar' perform the cuvenants, conditions and provioiuns Li the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed i at the titter and In the manner therein epe, tflcd. and in all rerpect:i according to their trur vntert and itteaning, aa.. shall indemnify and save. harmless "City", Its oUicr.ra, agcats and employees. as ihvre;n stipula.ed, then this ohligrilon shall brconiv null and void; otharworr it shall be and remain in ful: force and Pffeet. 1 Power/ 812919 Bond 0 1183060 Premium 300.00 KNOW ALI, MEN BY THESE PRESENTS; That SMW)rt It. A JUttlt Venh,re , as subdivider of Tract No, 137111__ _In the City of lfuntinglon Beach, County of Orsage, State of California, nos suLmltted to said City a Final Map of said tract contaluled an snginaer's or survoyor'o certificate stating that all final monuments will br oat in the positions lydleated on or before the date apecifled :n 5a14 cartifi. , seta, That said crgwrt 11,A Joint Ventur, i (Subdivider) , as principal, and _amweit Surety, LVAf tCC Cpmp= to surety, hereby gttariztse to this City of Huntington !leach the payment of the cost of e+t"j all ouch monuments within or In connection with said tract,, es art not already set prior to the recording of said Final Map, in accordance with said reap and said ho Ihoumwii 1'w 11wWred Wilars certificate u* to but got fa excess of the sum of $ t•rd ($2,5W,0 la which swan are are bald and firmly bound'ro the City of Huntington Reach, sit In secetilaece with sad subject to the terms, conditiona and provisions of Article 4, Chapter 4 of ibis Covernrrwint Code of the State of California, IN WITH=$ WHxREO)r, we have eYecutad this instrument this40 ,_ �?➢ day of _ ,June 14w Seaport ll„ll joint V ntur as Principal Dys �� a tv kw? +c CornMIv as dttrety Bye er, Ca 92683 '•� t+i�yr��✓�rt`� eap+a+A..S.J" tl92 REQUEST FOR CITY COUNCIL ACTION � f- December 16, 1991 Date Submitted to: Honorable Mayor and City Council r ,. Submitted by: Michael T. Uberua6a, City Administra v � r Prepa►•ed by: ' Louis F. Sandoval, Director of Public Works Subject: GUARANTEE & WARRANTY BOND— TRACT 13711 Consistent with Council Policy? ( 70 Yes [ J New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: sTATEMENI F ISS The required one year period has elapsed since the acceptance of Tract No. 13711. Seaport If is requesting release of the Guarantee and Warranty Bond Number 1226220 as required by the Subdivision Map Art. .COMMEKDAT N: 1. Release the Guarantee end Warranty Bond. 2. Instruct the City Clerk to notify the developer and. the City Treasurer of this action. 1 Subdivider: Seaport ii, Coultrup Development Company � Engineer: RMG Engineering, Incorporated Location: 16930 Sims Street and 1593! Lynn Street ' Lot: 1 Acreage: 1.759 acres Zone: R-3 AT.T1lmifxu: Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. LFS:BPC:lb 3105g/16 i Plo Was i I I PLANNING SECTIONAL DISTRICT MAP - 2 0 -5 - 11 clTY Or LEG[1+D HUNTINGTON 13EACI-I ORANGE, COUNTY, CAiJVolZNIA III USE OF PROPERTY MAP _.vcIt +L r( 4.. f l0 •r r I.� ' •Li 'di -�.Z� - �l-• r �•,r' ♦ r Mw!1 n: _ 7Tftlt i1_i-�-'.�.�.:-:..--�,r•� i;;,--f_ _ ..., EI ;" A! E-E :+�SrV�. tar - r --J��...�_�—__- •.1_.__ � � � _ _^_.'_"--/�----.r'�- '• IrYF• CIA .-.1 -'-1 , �__.. cl J /• �ri .T �� �--- REQUES . 1 FOR CITY COUNdOAC40N /1J Date November 5, 1990 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat 3r ��.,t.,.._ _ '�o Prepared by: �Louls F. Sandoval, Director of Public Works prQavta n� CITY C,tlt� raj Subject: NOTICE OF COMPLETION TRACT 13711 .. „$".. �.x K� Consistent with Council Policy? J kYet J J New Policy or f ga � rpt -- Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATE NT OF-ISSUE: Couitrup Development Company has completed all street improvements for Tract No. 13711 and Is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RE OMMENUABON: ► I. Accept the improvements dedicated for public use.2. Release the Faithful Performance Bond 1183059. (Labor and material bond of/r6�4/odd same number to remain In effect for six months. v'Y� 3. Release the Monument Bons 1183060. 4. Accept guarantee and warranty bond number 1226220. S. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. AHALYS : Subdivider: Seaport I1, Coultrup Development Company Eng!neer: RMG Enginetring, Inc. Lawrence L. Truman L.S. 5346 Location: 16930 Sims Street and 13931 Lynn Street (through lot approximately 300 feet north of Warner Avenue) Lots: 1 Acreage: 1.759 acres (gross) Zone: R-3 (Medium High Density Residential) AT-TACH M E NI5: i Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file In the Department of Public Works. MTU:LFS:ASB:dw 258]S/6 Pio ens s LANM.ING SECT ! ONAL DISTRICT MAP 20 -5 - 11 d CITY OF LEGEN.1 HUNTINGTON BE-JACH It A N ('01 E C 0 li N TY. CA 1,1 F() It N I A USE OF P90PERTY ?AAP AVE —A T V. ELJ -E CF P TM,] As L 5-2) MIS ZA _T'Te /*,, 1,11212ill iLL'I 1-7 1-D I I AL TF V* CF-E CF-R 7:1 F-R T_ c j Or r___j_vrj 4 -WARNE'#', Bond 11 26M GUAWTEE AND WARRANTY BOND • PREMIUM CHARGED ON ANNUAL SASI� WHERMS, rAL-WM II, A JOIrT YIlsTUFtE , a Principal, and Amwest Sure tr Insurance Company— corporation organized under that laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and finely bound unto the CITY Or HUNTINGTON BlSACn, California, as Obligee, in the penal aura Of Twc ,Thousand Nine Hundred and 00/100 Dollars (i1.900.00) , representing 10 percent of the ! contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do hind ourselves, our i and each of our heirs, executors, administrators, successors and assigns jointly and severally, i WHEREAS, the said principal entered into a contract with i said Obligee, dated August 11. 1989 for work described as"followat ' Subdivision improvement for Tract No. 13711 on Seaporte Il in the C ; of Huntington Beach. • i W;iEREiiz, 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 dufects in workmanship and ,raterials during said �!' ~ one year period. WHl+RM* said work has been completed, and accepted by Obligee on August 23, 1990• , NOW, THERRPOAE, the Principal and Surety, jointly and severally shall indsmnIfy the Obligee for all loss that the Obligee may sustain by reason of any defectiva materials or workmanship which becom" apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. SIGNED this �..��_ day of I OC7VBM , 19 90 Signatures shall be notarized. Authorized representatives shall be president and vice presi6ent or attornay-in-fact owner. 8PA1'OHTE II,,A JOINT VZ Milt A:i. .: AZ :0 F'Or"Jki AN C I-.: .:T �.!:E! •9Zl�l Jon T. trup D'.i-fit; r.}J .Attorney A OWT SLi4 VT MAWAYM CrWAXI by AUtnorized Aepresoljt4tt-V-6 Pwscla aoctsch,Attoreey-ln-lnct POYER NUMBER AMWEST SURETY INSURANCC COMPANY �plp IF tii7T uSEO er P.O. BOA(4WD,WOODLAND HILLS,CA 91365•45�' -" -- -...__. _. E a 9 3 7 7 A (818)70s•1111 JANUARY 1. 1991 t BOFID fIUMBER • LIMITED POWER OF ATTORNEY NnFwrrd Anornry cn tn.a U-'^ l fJi c� 0411 to valid as to bCnds.urdar• (READ CAREFULLY) ta..ngs. recogtilamfes or Corer Th;$Pow,w cl Attorney has been million obmgshdr'S in :me rature delaefed In cclnrep+.n wr„t the TJ t4 V1t•�only III COI; nCt?n yr th I—bgr1J mi sCe^f rd tMnG eareutM on or arat u 9 above t:ce+d nurrLR' I asp,itron de:• IJAr1E riF PRINCIPAL _ Z;FAIUIl'It II, A JOINT YfUSIY.— PEUAL films 291M•00 NAME OF OULIGEE (•I17 OF INNTA 1W;1'DH TIFAC11, CAI,IFT)IMIA - ,I•"w••;.'h•1•^rr r.1,r••to utt;n CCrlunCt on w•1 a•'I doer omit ear pn9rne/ TR,s f\;w7t of iJt7rn.y,s tad d alert}L/fraud 11,.1 ds:.'r•C'.t ' t;r.•.•e; �o rat^•w r's.v:a a^d rod ire. 7r a D,wen N erornry to rs Ara srd tail LI AMWEST SURETY INSURANCE COMPANY.Onry a y ors v•s GC,er of A tr`rr a t v a a Nd•eptvtata or.s Lr wr•A^•es rrq t:nO le:,Pcho,d k:wrey may tx nave try any p••tw,omet ttun an Auttu.ntt d ".t•c•AMWEST SURETY INSURANCE COMPANY,and•r,uft Le In r-g tn,s Pawrr of A-wrey rust be"festo7 AbIVEST SURETY INSURANCE COMPANY of:ro sdd•rts r•+C It e;;r.cry ru•rbof set k•rti al the tcp o,ins Pcwr of Aitornwi.Avis IA'n Underv,r.L^;1 L.,;,...r., T,•P•a•U AY.)rrey 0111 be gom,rtJ ty fro la"d t^e.r,:ata of CA":"A Any rr*rt of a9rlrnt y u►el rn Cor.,oct•C^*PI any bond rssw%l t,AMWEST SURZTY INSURANCE COMPANY on of one,Ft-,e.,ary at.Isin n.st re rn A—hell Fofrh UN A11C7(nEV?Abll A.1 Liner Pirwgis power -, �.•• s ss.!7 ty AMWEST SURETY INSURANCE COMPANY'ts v Lern rr.,3Kid and a•e of ro lunlier sr:e of elect __ KtIOW ALL MEN BY THESE PRESENTS Ira,AMWEST SURETY INSURANCE COW!'ANY.A CALIFORNIA CORPORATION,(Iht"Company'(.dots hereby mva.conssautt SM aawmt PAMELA GOETSCH AS EMPLOYEE OF AMWEST SURETY INSURAHCE COMPANY IS ttl+Msd lowful AtttynaIII►,n Fad,with Mmtrd pgs+If and suh:r.ty►a•and on tithe),d Ma Corrpam as surety,to eaacuto Arid 6e4aet and Ans me►eft of I" Conpatry thrra A a Seat.A rezu"ed.t'vndS.undtrtaarrgi,recogn rAnCes or unet wrrntn otAga•:ons in the nature tfierad,as harms. B-d t)onds up to 125ADW, Contract.COuri a S,Wnr son Bonds up to 12S• =. Sman Bustess Admun,f•raTdn Gus•a•rotld Bom;a up to 12SOL100 Lcenso a Permit bords up to W0110, f.I.scr"artous Bands up 10 S25DW a.d in tond AMWEST SURETY INSURANCE COUFANY the?" TM a ACprrr•renl.s^+Code under and Vy Sutlrn.ty cl the Wrtowv+g prov+A'or S of the By Lams of tr.e Cam"PPI wwh are now,n two force and rrreet AnKe at,Sect,cn 7 of it,*By Laws of AMWEST SURETY INSURANCE COMPANY Th-s Power of AtYynoy,s signed and soled by tI1C*dWA undo(and by VS atiroyry of the tdlownq rescAA.M1&&VW by the board of d.rom's d AMWEST fURKTY INSURANCE COM►ANY at a nvM+tp duty hod on EW.amOw to 1175 RESOLVED that the aasden w any rrc►proardrrn,in cayundan with Ire t►u:rtKa ry or any aaMManl aacratary.may atppnt attwnays,n loth or apols min Wi%cnzy AS deynad Of Minned in tha ntrrumwll arda+cing the apoorntmuy in each cast.bf and on b4ha9 of the Como"to titcuto i And e0 w and 0,a tie SeAi M the Company to WWI.uridsmaarrgs racog vianCSa.and twoRiSNp o0.4pu.or+t Of An"I.and ford CO-cers may remvver en y a Xft atbrnry m.tad of fi"and VVIAW arty O CAW Of 9W Iey prev,oufiy ptSAW Id$At person 1 RESOLVED FURTHER that any bond.undenalung.recog trance.or swetystup ow-gad-on shads be valid and brnd"n,upon the Company f (.I wren P;m*d tpy the prosdom orany me-V osdere and anear7 and saalod(!a Nu G repwred)by any seeretaryry or ass.gant secretary;at 1 1 1 wean S•9•ed by Ire prosde�or any r+C&Prasdart a stcrrtAry a o asmstant s•cfstary,and CoL wsognad and seasod(d a e a soot Oa t by a dill a+Tfvy.ted ananrrOIJACII or spent.of (w)when duty asautod and Haled(rl a a"be required)try one or more aftorrir " (W of apmm pL•nuarl to atL7 tanrom Me Lm:9 of ere j a•.Thor.ty etdnced try the power Of attorrey utuW by Ills Corroany to Such person of pstaoru. RESOLVED FURTHER that me ugmewto of a•hy authorised officer"in*seat of the Company may be&I'love by facs,m:le to any power of art.•vr+ey n C1'1.1-CA."on IMred uncCnzmg the atioWron sma drinery N any ocvKT,Lrderlaartg,►v..I'grxranca,or other Suroysivp obttatrns d VV C•or+pary,and Such s49nxure IN seal when to umo shin have le$a,,"bit aril~. as t1t.7ir fnaml'atty aM.aad ii WITNESS WHEREOF.AMWEST SU1 M INOLM..NCt COMPANY has cs rsad these presnrS to to&road by its pauper off cm and as corpwale ' Sta,to to treunta a't ild INS day of Detemuer —19 89 �Nr STATL OF CAUF0171PIIA.COL►IT:OF LOS ANGELS—w Onlr-s 7 darof _2ecen1bat AD.itA9 pwscr yycanvbtlaemelGaryR. Petefnon AM Karen0. Cohen_ III me tnLwn,o be me•rd,:djal7 sin or•cws of AMWEST SURETY IhSURAItCE COMPANY,GtLIrORNIA wM oacutad the abaa InstrurerY,and Ihoy rrq:h 40"'od2wt tit 0119C61 an of Iro Sara.and tvmq try ma Duly sworn.did s iworaDy depose and SAY that troy are the saC orica7 of oho cor"wx on olortsa•J. 4^4 oral era star aMrod to me str.a mururryM is Lae fast d the,ColWat dn,and that aaG r&Wate Fast and f•hs-r ugnatu•es As iwh oifKerA wr•r duty atf-sed I'd to tea sad w•ar,,^•ant^y ma quttror,ty of the bead.if CurCWS of sad corpaatron d arC,rt at,a (SEAL) L26irJ� j Mwr:�.n:rr ST.ITE OF CALIFORNIA.COUNTY CW LOS ANGELES—as CERTIFICATE I.the u•ndelspred. seaefary of the AMWEST SURETY INSURANCE COMPANY.a CAatorn.a arpdstwn•DO HEREBY CERTIFY that the 'xeyomg and Areched Ibww d A uwvy rerntns in full btu arJ has ra Leon MOW.and funherrorr Chad the prwrc+ons of to B(Laws of the Company a,d 1••e Res:.su ohs M tit bca.-d of drectors AM Urth in C•a Power of AYorrey,ear now it-,face S Ined Snd Seavd at If WINGWR BWICH, CAT IYURKIA this Ilt.h ,day of 0CIC 101 A-•.••r •t.;vr. a :,.•�Zx.. 1.irt CITY OF HUNTINGTON BEACH 2000 MAIN STREFT CALIFORNIA 92648 f OFFICE OF THE CITY CLERK I September 29, 1989 Chicago Title 501 N. Main ! Santa Ana, CA ( Attention: i RE: Tract Map No. 13711 , f i This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your ! convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, i California 92648. i i Connie Brockway i City Clerk CB:bt Enclosure Received by (ftj9je, Dited I 1 I 1 1 , ITW«PNM.:714.634)-4227) NOTICE OF COALETION WITH COND I T 1014S Ol'A AUTHORIZATION FOR RELEASE FOR RECORDING t TO : CITY CLERK DATE : 1Zcg� FROM: P11HL IC WORKS DI PARR-IF NI 1 i3r•uce Crosby TRACT NO. � T � � DEVI'LOPF.R C-3 --T-m uFP-.._l_--!c�.Yi=t-- CONDITION~ : Date DaposiI oI feet for w.rtor , sower. . dra i ntrrfe, entl i neer i nq and i netpe!c_f I on [fond for Improvement . . . . . . . . . . . 15 �C3 Signature of A(freemen t . . . . . . . . . . �� Certif Ica fa of Insurance . . . . . . . . .. Bond for Monuments . . . . . . . . . Labor & Material Hand i/ , J V Other: atv ,.Y I NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date . J.-2i5...R TO: City Clerk FROM: COMMUNITY DEVELOPMENT OftSing N. Le ,Fife �''E- �t�c�►'►'+ �. TRACT NO. 1 ' PARCEL MAP NO. RECREATION k PARK FEES PAID U y��' V 7-3 � �• OTHER i I (9359d) CITY OF HUNTING TON BEACH fir 2n00 MAIN STREET CALIFORNIA E2648 OFFICE OF THE CITY CLERK 1 I� Auguat 22, 1989 Seaport 11 Coultrup Development Company 13001 Seal Bench Blvd. , #300 Seal Beach, CA 90140 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday,�August 22 19 9 , approved the Subdivision Agreement for Tract No. 13711. We are enclosin3 herewith a duly executed copy for your files. Sincerely, &sf� Connie Brockway City Clerk CB: bt i Enclosure. agreement I I T@4p)wrn:714-636.5227) v l J REQUES FOR CITY COUNCIL 10N 61 Date August 21, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul Coe'., City Adminisr:rat0r �L Prepared by: Michael Adams, Director, Community Development, Subject: FINAL TRACT MAP 13711, nEIKG ALL OF TENTATIVE TRACT NO. 13711, AND BONDS AND AGREEMENTS FOR TRACT 13711 APPROVED AY CITY COUNCIL Consistent with Council Policy? [A Yes ( J Now Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A ions A TAT ,g` OF Ifim The final map of Tract No. 13711 being all of Tentative Tract No . 13711, located north of Warner Avenue between Lynn Street and Sims Street, has been submitted to the City Council for approval. Tentative Tract No. 13711 will expire on Povember 11, 1990 , I. Approve the map pursuant: to the required findings aet forth in Section 66439 of the Government. Code. 2. Approve the map subject to the finding that the map is in substantial complidnce with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 3. Accept the offer of dedication and improvements subject to completion of 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 have been complied with; a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provider]; b. A certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be anproveG by the Department of Public Wor i lob, t�rrecordation of the final map. �Y tV -JJJJ3J IIV'J.rl lrJO AJJJ HrlM 13 At15 03A173�Y i aio six 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 Atturney prior to recordation of the final map. f. The Park and Recreation fees shall be paid or a surety pasted in an amount equal to the in-lieu 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 bords 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. 1183059), b. Labor and Material Bond No. 1183059 _ c. Monument Band No. 1183060 1 -r • SUBDIVIDER: Seaport II, Coultrup Development Company ENGINEER: RMG Engineering, Inc. Lawrence L. Truman L.B. 5346 LOCATION: 16930 Sims Street and 13931 Lynn Street (through lot approximately 300 feet north of Warner Avenue) ACREAGE: 1.759 acres (gross) LOTS: 1 hO. OF UNITS: 43 ZONE: R-•3 (Medium High Density Residential) GENERAL PLAN: High Density Residential � 17�11.&535�1 The map has been examined and certified by the Director of Public Worker and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. RCA - 8/21/89 --2- (3377d) FI3Y.7�RRNMEHT.8L..fiTATSi�: �► On November 1, 1968, the Planning Commission approved Negative Declaration No. 88--36 for the project itself. EMING EMM Not applicable. 1. Area map 2. Subdivis`_nn Agreement 3. Monument Bond A . Faithful Performance Bond S. Labor and Material Bond MA:TR:jr I � i RCA - 8/21/89 -3- (3377d) L'R2 R3 R2 R2 R2 R2 r= i .tz R2 --- �' RI �...� _ I "73 r .[1111 t �� a at t • Rc R2 2 R2 R2 R2 R3 �_ u %/ .a tyr;'•cz e R . � .,4 CZ ��- — W R3 I Z I-cz • R r P�.� 41 R3 3 R3 . 3 , �� C2Iz- fir �' j o 1 pl- �}�j'.✓ RI-.Z % RI CZ v a3 — Ll. R3 R3 ' r41 titiR CZ- 2 ! R 1 c2-�- i .Mt. rr N RI f� ga t cz. W'R-CZ-FP2 '� v i F l . ,R3 Er ix— Ri R 4`jA ea�i`c.A s»xc� a. Lti f �;RI-i.Z I:iRt CZ _ , t' ._. IYsR+fit `+~ .'1lVE Rl-CZ ;�= _ ' RI-CZ Rl Rl-CZ WJ479400%MACH HUMINGTON i KII MAID M MO DIVISION