HomeMy WebLinkAboutFinal Tract Map 13722 - Portion of TT 13478 - California Res RECORDED IN OFFICIAL MORDS
OF ORANGE Cy CAMFORN A
89--4 23a 12
3:30 AUG 9 1989
A t",,
EXEMPT ' Q C73t,5 ,W-ZR[C0R0E(z
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Recording requested by and This document is solely for
When recorded mail to: official business of the
CITY OF HUNTINGTON BEACH City of Huntington Beach,
2000 Main Street an. contemplated under
Huntington Beach, CA 92646 Government Code Sec . 6103
Attr. : City Clerk and :should be recorded free
of charge .
AGREEMENT by AND BETWEEN THE CITY OF HUNTINGTON B .ACH
AND CALIFORNIA RESORTS INTERNATIONAL, INC. , FOR THE'
GRANT OF AN EASEMENT FOR WATF:2 DRAINING PURPOSES
This agreement made tt,is Jlt�"_ day oftw�,r ___ ._- - -. _-,
1909 by and betwee.i CALIFORNIA RESORTS INTERNATIONAL, INC . , a
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California corporation, hereinafter referred to a "GRANTOR, "
and the CITY OF IIUNTINGTO14 PEACH, a municipal corporation of
the State of California, hereinafter referred to as "CITY. "
WHEREAS, GRANTOR is the owner of certain rr�al property
commonly known as Pierside Pavilion, 1r-^aced at Pacific Coast
Highway and Main Street. in tLe City cf Huntington beach, County
of. Orange, State of California, hereinafter referred to as the
"SLRVIF.NT TENEI-TENT" and described ;as follows :
Lot 1 of Tract No. 13722 as shown on a map
recorded in Book _636__ , t3ayc's .�EI_t� ?1 � of
S-Iiscellane,ous Maps , Records of Orange
County, State of California ;
and CITY desires to acquirF: certain rig;it; in the. `ERVIENT
T ENFIIENT
NOW, THEREFORE, it is agreed as follows :
In consideration of CITY allowing GRANTOR to construct
improvements to the SERVIEN7' TEUEI•,ENT in a mann,�r which
f
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09-423012
prevents water to flow from adjacent streets, alleys and
public rights of way, and to properly drain to Pacific Coast
highway, GRANTOR agrees to accept such water flow and channel
it onto the SERVIENT TENEI:ENT whereby such water will flow and
drain into the proper storm drain system.
2 . ic .�:FiIP_T��c7�4F. Asl•(IN7
The perpetual easement granted herein to the CITY is
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foe the discharge of water from the adjacent streets, alleys
fand public rights of way of the CITY to the entire property of
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i the GRANTOR.
3 . T'OCATI0N L
The easement granted is appurtenant to the SERVIENT
TENEMENT descriled as follows :
Lot 1. of Tract No. 13722 as shown on a map
recorded in Hook __UfL_, Page 38Jp_A1,, of
Miscellaneous Maps, Records of orange
County, State of California .
4 . ILP_FMM UCAT-10,
The GRANTOR herein, its heirs, personal
reprec-entatives, successors and assigns, hereby agrees to
protect, defend, indemnify and hold and save harmlesw CITY, its
officers , and employees against any and all liab) iitf, claims ,
Judgments, costs and demands, however caused, including those
resulting from death, injury, or damage; Lo property, arising
directly or indirectly out of the easement herein granted by
GRANTOR, including those arising from !.ne passive concurrent
negligence of CITY, but save and Except those which arises out
of the active concurrent negligence, sole negligence, or sole
willfu-. misconduct of CITY. GRANTOR herein, its heirs,
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89-423012
personal representatives , successors and assigns, will conduct
all defense at its sold cost and expense. CITY shall be
reimbursed by the GRANTOR herein, its he-1 -s, personal
representatives, successors and assigns, for all costs or
attorney':s fees incurred by CITY in enforcing this obligation.
5. FnTIRF l±0EFJffN-T-
This instrument contains the entire agreement between
the parties relating to the rights herein granted and the
obligations herein aseumed. Any oral r.epres:ntations or
modifications concerning this instrument shall be of no force
and effect excepting a subsequent modification in writing,
signed by all parties .
6. 6T TDJWL,Y'S FEF,5..
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In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof , the
prevailing party shall be entitled to recover from the losing
party reasonable expanses, attorney's fees, and costs .
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(REST OF PAGE NOT USED)
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• 89--4230 ! ? ►.
7. BINn[N . rFF-FCT ._
Theis instrument sha:1 1-Ind and inu,e to the benef it of
Lae respective 1leiis, persona'_ representatives, sticcessors, and
assigns of the parties h^ret.a.
IN WITNESS WHEREOF, the parties hereto have exe:.utecl this
i instrument the day and year first above written.
GRANTOR: CITY:
CALIFORNIA RESORTS INTERNATIONAL, CITY OF IIUNTINGTON BEACH
INC. , a Ca ' forni corporation a imini.cipal corporat:i.on of
the State of California
fig: -
Uri Gati , Pr .ident Z-' '
oc; :f�
Lubliner, Secretary Mayor
ATTEST: APPROVED AS TO FORM:
Ci t;• Clerk ity Attorney �bq
•-,;-2,411-1i- ! 7 (,-
T*,TmTATI AN& APPROVED:
STATE OF CA1,IF0HNIA
COMM OF ORAtiCE
�g_4 ,
a t 13 _;A Oyu
a Nota Public i�f ray 10 rou tJ 19 -=!. fore me,
NEE y nd State, personally appeared
And On I � knoifn to me to be thm Mayor
known to me to be the
Of the City of Huntington Beach, the munici al cor " '— City Clerk
the within instrument, kncti+n tv me to be tl� F1prAtion that executed
xected the
within instruuncnt on behalf of said municipalprorporation rsons whOeandu
acknowledged
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to be that such sYuiicipal corporaticn executed the same,
BETrEIABAR LLAL4 'jVC&W
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WITNESS my hand and official se:aI . jgggElC DAVIS
NOTARY MMUC•ChUFORAA
kLO'-ANGEIE.4,COUNTY
��l'`"�� Mr Carm Erprel icL /.199I
Notary Public
_q _
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SUBDTYISTOM A .MIENS BY -MD BETWEEN THE CITY
gr HUS,TINgTON REACH bND CALIEQRNIA RFSQ$TS/
HAS&KO _ASSOCIATES_— TRACT N4.._JU?n
TRIG AGREEMENT is entered into this day '
E
of I4ARCH 1989, by and between the CITX OF HUNTINGTON '
corporation of the State of California,
BEACH, a municipalp �+
hereinafter referred to as "CITE, " and CALIFORNIA RESORTS/HASEKO
ASSOCIATES, a California 7eneral partnership, hereinafter referred
to as "SUBDIVIDER."
RECIT'. S
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,
which it is seeking to subdivide into lots and to dedicate certain
streetR, alleys, and other improvements therein to public use, and
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is about to file with CITY a map of the tract of land known as
Tract No, 13722; and
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An 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, end 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
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guarantee and warranty of the work for a period of one (1) year
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following completion and acceptance thereof against any defect in
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work or labor done, or defective materials furnished, as required
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by Sections 66499 and 66499.3 of the Government Code of the State
of CalifuLnia, and Article 997 of CITY's ordinance code.
NOW, THEREFORE, in consideration of the promises and
agreements of the parties as herein set forth, the parties agree
as follows: f
1. ENERAL STRUT C0HSTH1jCjJ_QH
SUBDIVIDER does hereby agree to do and perform the
following work in said tract:
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All conditions of the tract map not completed at the time
of the recordation ::hereof to include, but not limiteO to, the y
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construction of streets, including excavation, paving, curbs,
gutters, 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
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installation of meters; engineering casts; and any miscellaneous i
requirements as may be set forth in CITY'S codes. All of said
work shal: be done an3 performed in accordance with plays.
specifications and profiles which have been approved by tht City
Engineer and filed in the office of the City Engineer. All of
work shall be done at the sole cost and expense of SUBDIVIDER.
The rcceptance 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.
2. TER AL HIGHWAY IIrIPROVMrIT
SUBDIVIDER agrees to complete all arterial nighway
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improvements, including perimeter walls and landscaping required
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by conditions of the tract map, prior to release or connection of
utilities for occupancy for any lot in the Tract.
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3. HAN.TEE
SUBDIVIDER shall guarantee all work and material required ! 1
to fulfiii its obligation as stated herein for a period of one (1)
year following the date of City Council acceptance of ua^:s. �
9 . FAITHFUL PE QPMNCE AND SECURITY
In accordance with Huntington Beach Ordinance Code (HBOC)
Article 997, upon execution hereof SUBDIVIDER shall deposit with �
the City Tressursr the sum of Two hundred twenty nine thousand,
five hundred Dollars, ($229,500.00) as prescribed by HBO(". Section
9970. which security is given to CITY to insure faithful
i.erformance of this Agreement and of all of the conditions of the � I
Tract Map. The deposit may be by corporate surety bond, cash cr i1
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. SUBDIVIDER may, during the term of this
Agreement, substitute improvement security provided that: the
substituted security is acceptable to the City Attorney; however,
any *pond 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
required by CITY, to provide a substitute security at any time.
5. I NSURA=
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 sole expense, a general liability
insurance policy, including coverage fo:: bodily injury, prop,rty
_ 3 _
damage, products/completed operations, and blanket contractual
liability, in which CITY is named as an additional insured. The
policy shall insure CITY, its officers and employees against loss,
damage or expense by reason o., any suits, claims, demandE,
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
j shall provide coverage in an amount not less than One Millioi.
Dollars ($1, 000,000) combined singlo limit coverage per
,)ccurrence. If coverage is provided under a form which incle6es a
designated general aggregate limit, such limit stall be no "ess
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
J that provided in the Standard Farm 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 become necessary.
i R certificate of insurance shall be furnished by the
insurance carrier to the CITY upon execution of this agreement by
SUBDIVIDER. Such certificate shall provide that the insurance
carrier notify CITY of the expiration or cancellation 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
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additional insured endorsement, and is subj:ct to ?pproval as to
form by the City Attorney. This agreements is void and of no
effect until such approval i, obtained from the City Attorney.
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6. WORKERE'SOMPENSATION
SUBDIVIDER shall comply with all of the provisions of the
Workers, Compensetion Insurance and Safety Acts, of the State of
California, in regard to any worker i .:nployed in the work to be
performed hereunder, and shall indemnify, defend and hold harmless
CITY from and against all claims, demands, payments, suits,
actions, proceedings and judgments of every nature and
description, including attorney' s fees and costs, presented,
brought or recovered against CITY, for or on account of any
liability under any of said acts which may be incurred by reason
of any work to be performed pursuant this agreement by any person
or entity including CITY.
SUBDIVIDER shall maintain Worker's Compensation ! �
Insurance in an amount of not less than Five Hundred Thousand i
Dollars ($500g000) bodily injury by accident, each -Accident,, Five
Hundreds Thousand Dollars ($500,000) bodily injury by disease, each
employee, and One Million Dollars ($1,000,000) bodily injury by
disease, policy limit, at all times incident he •eto, in forms and
underwritten by insurance companies satisfactory to CITY; and
SUBDIVIDER shall, prior to commencing performance of the work
hereunder, furni3h 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) dabs prior to any cancellation or
modification of said insurance policy; and SUBDIVIDER shall notify
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CITY at least thirty (30) clays 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. INDEMNIF ICATIQILrpEFKXkE-_FIND HOLD HARM M-
SUBDIVIDER hereby agrees to defend, indemnify and hold
harmless CITY, its officers, employees and servants from any and
all loss, damage, cost, expense, liability, claims, demrrus or
;udgments arising directly or indirectly out of the work or
project, regardless of the willful misconduct, sole negligence or
concurrent activ* or passive negligence by CITY its officers,
employees and servants and from the sole negligence, concurrent
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negligence or misconduct negligence of third parties'.. The legal
6efense required by this agreement shall be F:ovided upon requeht
by CITY and at the sole expensa of SUBDIVIDER. Any posts of
defense or attorneys' fees incurred by CITY in enforcing this
agreement shall he reimbursed to CITY or may be awarded to CITY by
a court of competent jurisdiction pursuant to paragraph 9 hereof.
A. PUBLIC-1+i, R ING ANEi FkQTECTjQ_
SUBDIVIDER shall at all times until acceptance by the
City Council of CITY of the improvements offered for dedication in
said work, give good and adequate warning to the traveling public
of each and every dangerous condition exis:.ent in said
improvement; or any of them, and will protect the traveling public
from such 3efective cr dangerous conditions. It is understood and
agreed that until tho completion of all the improvements herein
agreed to be performed, each of said improvements not accepted as
improved shall be under the charge of SUBDIVIDER fnr the purpose
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,�• STATS OF CALIFORNIA ?
SS
COUNTY OF LOS ANGELS$!
On :parch 3, 1989, before me the undersigned, a Notary Public
in and for said State, personally appeared Soichiro Kawase
known to me or proved to me on the basis of satisfactory
evi6ence to be the person who executed the within instrument
_ as the President cn behalf of HASEKO PIER COLONY, INC., the
corporation that executed the within instrument as one of the
partners of CALIFORNIA RESORTS/HASEW ASSOCIATES, the
partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
+ such partner and that such partnership executed the same
WITNESS my hand and official b.:al.
OFFICIAL SEAL /�
VAWIE BROCKMAN � I�1 tom(. j�0,A.,/;1,e.
Nwry Pt le-c4twnly. V
r LOS AWXLES COUNTY
velar a 13roe man �
Icy ow" EV ft a imp
��NB'+.a'i`.�.��i.]iiii`�:'::tf'...+"'*+rFt:'+.w':�:r•..';Li l:S'.An iJ7 .w`r*..a.w.Wi:.,•Kv..;,rssvwMwntiw.+Miwwww+eV.a+Y` ^.w..w..«.....wgqM Ifyylr
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•ram
IG,r1�,rdn,n �.I'trtru r of i'nirkr.t:r S I F:;`AR f I I'l 11.
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N1.;II.OF CAI.IFOPMA t
f f� , ORANGE � sti -
. �rtt�lAll�SOn fill'11MARCH ,n the) u1 n..
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ti,aar} ha+!+: to a•+d h,t ,nd u•cnt) and,,talc.vor..,rall) �rltatcd
.— RI E.GAT I —,i r,;rum.rll) Ino-r,to met„r pn+,r.t b n, r tNn the of uhda,t4w) ct,tderuet
to he tilt— ____11ccullcrt and ,irAti�': R L INC.
+
4nuan to nm Ittr Iintrd t.t n r tat the ba,t.,d .ahtfaaor) t.tdcrurl to Ile It, 4rccrtt,n o
dte u,tj,,ust,n that Cte,Uled tf.e 1,41111M tnttrument a..)prnnnall)ano,+n to tilt it,rrrt%vi w nk .m tr>t harm,of+atttfact.+r)ct
tdcn,ct to h:dtc prooat who crcu,tcd th;W tthtn nntrunwrt tm lichalf of tud c+nit,t(atn.n.+aut ur anawm hang pctu+nail)
" ).n(>~n .. rtte itt►,e tine t,f the J:utncrn ttf CALIFORNIA RFSORTSJNAMKO 115 tot JI jES
the Iur,tcr-htp drat eirt.utcd the%itrttin rnttrunwrrt,and, ►r+al.j frd t.t ntc t!ut ut.t+,rr)+tratt+•.ciic+.utcd ttte uaw at tutuir t
1•annrr ant)I)ut tuch part.xnhtp ere.utek!lhC+.nr
1 w 111A SS rtt) hANJ and nlhuA•csl
�. "�` / IIOTMI'11e{.�-CJ1L�017b►
UANA WOODS -•.1 1
^Name(T)Ird or Prtntedr ~T 1
1)'.I111ct J Ill If....,.L•,at....twand v,
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4d.
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of this cuntract, 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 Suring 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
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Engineer of CITY.
9 . ATTMEYA -F..m
In the event suit is brought b, CITY to enforce the terms
and provisions of this agreement or in any bond given to secure
the performance hereof, a -:easonable attorneys fee, to be fixed
by the court, shall be paid by SUBDIVIDER.
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j IN WITNESS WHEREOF, the parties hereto have exocuted this
agreement the day and year first above written:
• SUBDIVIDER: CITY OF HUNTINGTON BEACH:
I
CALIFORNIA RESORTS)HASEKO ASSOCIATES
A California Gen IrAl Partnership
/� ems-•- ._.. _ � ; ,
Mayor
General Pa ner
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ATTEST: APPROVED AS TO FORM:
City Clerks Cit Attorney
REVIEWED AND APPROVED: INITIATED AND PPROVED:
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• City Administrator Directolr of Public Works
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COMPANIES AFrOUDINC COVERAGES
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+ RECEIVED
STATE ATE P.J. EOX 807,5AN FRAN;C(SCO,CA 9;4101.0807
NaW1�ANea MAR 71 9
r FUND CEATIFICATE OF WORKERS'COMPMSATION MUUNCE �N4��r.......,...
FEDRUARY 28, 1989 POLI"y NUMBIA: Q1085$65-$9
CIATIPI:ATS9Xp+ctcS 0?•Q1 -90
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CITY OF HUNTINGTOU 9EACH
ATTENT104: MR. CROSBY
i DEEPTT0OF1BLDG 6 SAFETY
HUNTINGTON BEACH , CA 92648
L.
Tha it to C/►hf v that wrt h1vi 1111red a 4' d p0'ICy�n A 40"1'r IWOvld by tho C411fOrnet
.,...._ , _ I.^tu'l.�c�.�rn�,tll�rt�o tre'C':P1oyl►_n,1tr1A_b�1F:ti.:�of.trtA4i�CaLG9.;lad l^Jii.4Jl9�... . ..... ~�
Thil p01 w ll not Iuti;ICt IL' Cln;�'Ia1�0� by t1'/ /-Ord Ixc1p4 u.an $4 Gyve idrintl written notici t')thl trnp!0yer,
VYI w,ll 1!10 g,►e ynu t� drvl' �av0�C1 nol,C/should lh-1 pol ty tit Citnelled cid0f 10 iti n01m11 #xpira cn,
Th,t cert,f,cite of rlu'ance !i ^at an Into rust ^.".l,cv erd out ^it emend, /,tt1"d v al1/r tl+a Cove,alit Worded by the
0011e,e3 Iroted her/'n NoWtmmndl.j Ov MOvnirt, tern, ar ean:,tron of Inv contract or othl, doCunlent vi,th
fllofct to wh,cr+ th!l clft•flute 01 ,nlutra ruy Di ;twvc or may putaln, tl i# r unce Worded by thl vollc►el
detcriW I've-in ,t tu');Ict to ell the terms. t%c:w1,en1 and Cord t ant of t,,ch polleiel.
ti ��tie,�tthT
ENDORSEMENT, !;0. 2065 ENTITLED CERTIFICAT HOL VTOO
NOTIC: EFFECTI'1E FEBRUARY 26, 1 P89, IS AT
AND HVIS A PART OF THIS POLICY ,
SPECIMEN ENDORSEMENT NO. 2055 A5 ATTACHED ,
4'�`rtdrllr
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0 A HILL CORPORATION ,
911 E COLOR.A00 BL, VO 210
PASADENA, CA 91106
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175 .'
r� REQUEST FOR CITY COUNCL ACTION
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Date Lily 17. 1 QRR
Submitted to: Honornhle. Mayor anri r'ity ('nunril PROVED IiY CITY GO ,N G:' )
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Submitted by:Prltll F, Cook, r.'ity Adminir)tr•rito
Prepared by: Louin F. 5nndovni, I )irm-tnr of r3ublle '.ynrles
✓ L;ITY Cl IAL
Sublec2: Ornlnn(le Fanement ArIn ernwit 11ctwe#!n the 1,ity and ('oil 6rr11,, Reznrts
International, Inc. (Trnr,t Nn. 1 377.7)
Consistent with Council Policy? ('C) Yea ( ! New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT C)r ISSA :
F,onnff frorn the alley e:,1st of ?Agin Street -in(] south of Walnut Avenue drams onto private
prnperty per the appcove(f tract irnorovenI!-lit tilan s. California Resorts International, Inc.
nrirees to nrcept the+ drninarle and holed the city har••nlens dim to this rondition.
I CCOMMENI)A TION:
Approve the (Irant of on5nment nrlreement betwmm the! City and California Resorts
iblternational, Inc, tiros atlthorire exomitiun by the 'Aiyor ones City Clerk. F ollnwing
i r(!rordnt►on of the document, inatrw.%t. the City r7lerte to fill! one. ropy nn(1 return tht,
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-o!r.r)nrJ ropy to the, s,lhdividr-r.
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Ar-JALYSIS:
California Resorts Init!rnritlrlridl, Inc, l i rnnstrtlr.lin(I rrnrt No. 1 1122 Inr.ated on Nnr,ifir.
('nrint F-iighwrly ho!twee!n '.4am Streot a ul Md 'itrl!1!t, 11w rmblrrll draira7rle entirse frorn
tht. v•,iatirlq ralle.y slope,; tow-intn the projer:t. The rl(!ve.looer has a(Ireerl to accent thin,
rtinoff into !tin urivatr! storrti r1r,ain systnnl. California Regnrtn Internation, Inc. is holdinrl
the city hnrrnles, for nny rt:vn afy, or potential prnt)lemn whir.h mit1lat h1• railed I)y
arc ept,'1lice! of On rataov(! rtescr11wd ';tl)rm drodrimle from thl! alla!v.
1
1 1)N N(.i 'i()t1lZI:F :
AI_TF RNATFVF: ,>('T1C)N1:
1)nrjy approval of arareemi-nt -ifid have it rep-written.
!I A r rACHME Nrs:
I. ;sectional 1)15trict t•tnp
2. Agrnernent o
1 7.107q/9
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SECTIONAL DISTRICT MAP 14-6-I1
CITY OF
R U NTINGTON BEACH A&
• ;
oUANGE COUNTY , CALIFORNIA
Usk OF PROPERTY MAP PROSEGT LOCATIaK
AILAnU STAE[i
4 -� � � '`� � (.—.1:_.1 1-.------•l�._J t_.L.__..�w.��..._ .__.__..____.�..J 1.
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Recording requested by and This document is solely for
When recorded mail to : official business of the �
CITY OF HUNTINGTON BEACH City of Huntington Beach,
2000 Main Street as con*emplated under
Huntington Beach, CA 92698 Government Code Sec . 6103
Attn: City Clark and should be recorded free
of charge.
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AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON 131EAC II
AND CAIJFORNIA RESORTS INTERNATIONAL, INC. , FOR THE
GRANT' OF AN EASEMENT FOR WATER DRAINING PURPOSI.'S
This agreement made this .�l`}". day of
1999 by and between CALIFORNIA RESORTS INTERNATIONAL, INC. , a
California corporation, hereinafter referred to a "GRANTOR, "
and the CITY OF HUNTINGTON BEACH, a municipal corporation of
the State of California , hereinafter referred to as "CITY. "
YtHGREAS, GRANTOR is the owner of certain real property
commonly known as Pierside Pavilion, located at Pacific Coast
tiighway and Main Street: in the City of Huntington I-e.ach, Cuunt.y
of Orange, Static: of California , hereinafter referred to as the
"SERVIENT TENEMENT" and described as follows .
Lot 1 of Tract No . 13722 a:; shown on a map
recorded in Book _ _ Page _ , of
Miscellaneous Maps, Records of Orange
County, State of California :
and CITY desires to acquire certain rights in this SERVIENT
TENEMENT;
NOW, THEREFORE, it is agreed as follows :
In consider6tion of CITY allowing GRANTOR to construct
improvements to the SERVIENT TENEMENT' in a manner which
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prevents water to flow From th,: adjacent streets, alleys and
public rights of way, and to properly drain to Pacific Coast
Highway, GRANTOR atirees to accept such water flow and channel
it onto the SERVIENT TENEMENT whereby such water will flow and
drain into the proper storm drain system.
2 . aESCi�?1'�TSL.S}�. i, I�F.�T
The perpetual easement granted herein to the CITY ir,
for the discharge of water from the adjacent streets , alleys
and public rights of way of the CITY to the entire property of
tho GRANTOR.
3 . L=&VDJL..
The easement granted is appurtenant to the SERVIENT
TENEMENT described as follows :
Lot I of Tract No. 13722 as shown on a map
recorded in Book _ Page , of
Miscellaneous Maps, Records of Orange
County, State of California .
4 . ltd1�LFI, IQ�it DFF�HF4i�4id .
The GRANTOR herein, its heirs, pe+r ,onal li
representatives, successors and assigns, 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, injury, or damage to property, ari.iing
directly or indirectly out of the easement herein granted by
GRANTOR, including those arising from the passive concurrent
negligence of CITY, but save and except those which arise out
of the active concurrent negligence, sole ;iegligence, or sole
willful misconduct of CITY. GRANTOR herein, its heirs,
personal. representatives, successors and assigns , will conduct
all defense at its sole cost and expense . CITY shall be
reimbursed by the GRANTOR herein, its heirs, personal
representatives, successors and assigns, for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
5 . 17:IB AIiEET
This instrument contains the entire agreement between
the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force
and effect excepting a subsequent modification in writing ,
signed by all parties .
6 . ATTORVTY UR5
In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof , the
prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney ' s fees, and costs .
(REST OF PAGE PLOT USED)
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7 . DII3p _E�r' s
This instrument shall bind and inure to the benefit of
the respective heirs, personal representatives, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties here'-o have executed this
instrument the day and year first above written.
GRANTOR: CITY:
CALIFORNIA RESORTS INTERNATIONAL, CITY OF HUNTINGTON BEACH
INC. , a Ca forni corporation a municipal corporation of
the State of California
Uri Gaki , Pr ident
By: _.._
G Lubliner, Secretary Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk AWW City Attorney pbor
- zI-sl
RE"'F.WED AND APPROVED: NITIATED AN APPROVED:
City Administrator Direct r of. Public Works
40
STATE OF CALIFORNIA )
ss .
COUNTY OF ORANGE >
On Z5unQ- a� ,y�$�_ before me, the undersigned, a
Notary Public in and for said State, personally appeared [iri
Gati and Gary Dubliner personally known to me (or proved to me
on the basis of satisfactory evidence) to be the persons who
executed the within instrument as President and Secretary on
behalf of California Resorts International , Inc. , acknowledged
to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its board of
directors .
WITNESS my hand and official seal . OF?i E SE]F?
ISABEL C. DAV
EQ 0, 0'A NOTARY PUSUC•C:AU
LOS ANGEL£$C01
My Comm Eiprvt FA
Natau Public
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NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
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AUTHORIZATION FOR RELEASE FOR RECORDING
Date !� �
TO: City Clerk
FROM. COMMUNITY DEVELOPMENT
( TRACT NO. ._.� "-'
t PARCEL MAP NO.
RECREATION k PAP K FEES PAID
f
OTHER
1 ;
�,,,,,,"_,..___...__ _..__ ------..•.t i�:. .;�; .....«,........ - .1'.1. ..._...:r:: _��cL.'�..;l:aL^.S':'G"t-`•�::GA�fS�re`I�'+7. F'•'�I
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NOTICE OF "'"'dt'LET I Ott WITH CONDITIONS TRACTS
AUTHORIZATION FOR RE LFA SE FOR RECORDING
00: C11y CI FRr: DATE :_a
FftOM: f'Ift3L1C V;()ftf,.) III PAR
b1,11('1! C y
TRACT NO. ._f DE VI 1. )t'FR- — --- __ -----
CONDIT ;OIt ', : 1)aty
(:r flw-� fou w,ttor , A.lwf r"
(It a I iia(Ie , Cn(t i n(?(?r- i nit .lull i n,11wc- I Ion
[fond for I mprovi-Jr. ?n t . . . . . . . . . _.__-----.-----
'� I c1na i(ir,o t)f Aor1?(?rrl:rn t . . . . . . . .
Cep i i f i ca t e of l riswranc'� . . . . . • -
Bono i car f•1r.:nu-a.�n tts ---- ... _ - ..�. ____ ____..
Labor d '•dater (;: ! Bond . . . . . . . . .
Other:
`• i c}n.rt ure
if+'r+...w—•_—.-................•__. ....... e...._'IM1.....I...n..:t'..1'.. .. ....... ... ....:'Yfs..f............. .. ...-...rv.s..rarurw-�"'---�_--..._ ..
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFOhNIA 92648
OFFICE OF THE CITY CLERK
Apt-i 1 4, 1989
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j First American 1 i tl,, Insurances Trljst
114 L. 5th St.
'Tanta Ana, CA 92701
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Attention: Subdivil,ion Officf!i-
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RE: 'tract Map No.— 13722
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This is to inform you that all fees have been paid and Londitions
met on the above named tract. You are free to record same at yr!jr
i convenience.
After recording, please return twc prints of the Tract Map to Bruce
Crosby, Department of Public Works, P.Q. Box 190. Huntington Beach,
California 92648.
Connie Brockway
City Clerk
CB:bt
Enclosure
j Received by jdDated
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Tela prwnu: 714,5 36.57271
CITY OF HUNTINGTON Br
CALIFORNIA 92648
7000 MAIN STREET
OFFICE OF THE CITY CLERK
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March 22, 1999
California Resorts
222. - 5th Street
Huntington (leach, CA 926G8
i Gentlemen:
The City Council of Huntington Beach, :It its regular
j March ZO 19 '
approve held
l approved the ub v stop grpeme n� or t act 7�0. i3722 .
We are enclosing herewith a duly executed copy for your
files.
1 Sincerely*
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Connie Brockway
City Clerk
CB: bt.
Enclosure
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(Td�pfions:7 t�t•U961s2T71
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%%PF$4VL'D DY CITY COUNCtI,. �;' 1,•� ACTION„.• � _.
IL
CITY COUNC
CITY uttwDate March 20, 19139
Submitted to: Honorable Mayor and City Council /• '
Submitted by: Paul Cook, City Administrator ,-
Rreparedby: Michael Adains, Director, Community Developm�,nt
Subiact: FINAL TRACT HAP 13722, BEIN,3 A PORTION OF TENTS TIVE
TRACT NO. 13478, AND BONDS :+.ND AGREEMENTS FOR TRACT
13722
Consistent with Council Policy? [�C] Yes ( J Now Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
t
The final map of Tract No. 13722 being a portion of Tentative Tract
No. 13478, located on the Su►ltheast corner of Pacific Coast Highway
and Main Street has been cubinitted to the City Council for
approval . Tentative Tract No. 13478 will expire on Arpil 15, 1990.
3tisS?3 �I1,�A7�ZI!
1• Approve' the map pursuant to the required findings set forth in
Section 66458 of the Government Code.
2. Approve the map subject: to the finding that: the map is in
substantial compliance with the previously approved tentative
snap pursuant to the mandatory findings established by the i
Planning Commission as set forth by Section 66474 of the t
Government Code.
3 . Accept: the offer of dedtcation and improvements subject: to j
completion of requirements shown.
4 . Ynstruct: the City Clerk to not
nor release it for affix her signature to the ma
p
preliminary processing by the County of
Orange or for recordation until the following conditions t►ave
seen complied with: jl
a. A depozit of fees for wager, sewer, drainage, engineering
and inspections shall be provided;
b• A certificate of: Insurance shall be subtnitted;
C. Subdivision Agreement ;
d. Drainage for the subdivision shall be approved
Department of Fublic works ' rordby the
Prior to record
final map. recordation
n of the
No ti/8'5
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e. The Declaration of Covenants, Conditions and Restrictions
shall be reviewed and approved by the Department of
i Community Development and approved as to forr.. by the City
Attorney prior to recordation of the final map.
f. The Park and Recreation fees shall be paid or a surety
posted in an amount equal to the in-lieu fees and approved
as to form by the City Attorney prior to recordation of the
final map.
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I 5. It its also recommended that the City Council accept the
following bonds and instruct the City Clerk to file them with
the City 'Treasurer. It is further recommended that the City
Council accept the subdivision agreements and instruct the City
Clerk to file one copy and return the second to the subdivider.
f
a. Faithful Performance Bond No. 35M 71690100
b. Labor and Material Bond No. 3SM 71690100
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C. Monument Bond No. 3SM 71690200
SUBDIVIDER: California Resorts/City of Huntington Beach
� Redevelopment Agency
ENGINEER: Walden & Associates
David L. Walden, R.C.E. 19402.
Lti:ATION: Southeast corner
of Pacific Coast highway & Main
Street
} ACREAGE: 2. 119 acres (gross)
LOTS: 1
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' t ZONE:
Downtown Specific Flan, District 3
GENERAL PLAN: Mixel Development
D'ISCt1S tom:
The map has been examined and certified by the Director of Public
Works and the Secretary to the Planning Commission as tieing
substantially in accordance with the tentative map as filed with,
amended and approved by the Planning Commission.
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FICA - FINAL TRACT •13722 _2_
(?19Qd)
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The project is covered by Environmental Impact: :report No. 82--2
pursuant to Section 15182 of the California environmental Quality
Act.
EMP-I G SQURCF:
Not applicable.
AT-MODEN"
1. Area. map
2. Subdivision Agreement
3 . Monument Bond
9 . Faithful Performance Bond
5. Labor and Material Bond
MA:TR:jr
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RCA FINAL T2-ACT 137?2 -3- (2190d)
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HUNTINGTON BEACH PLANNING DIVISfO.4