HomeMy WebLinkAboutFinal Tract Map 9468 - All of TT 9468 - R.M.J. Corporation d •
THIS AGREEMENT dated this ,...._;,76i 'da.y. of Faknmy_..._--- ......
by and
BETWEEN
CITY O 1111N'.INr;TOiv BI::Art-C
a municipal cnrporation,
herein-ifter for convcr.ie:nce
referred to as
CITY
and
R.M. 6T. Corporations a California hereinafter for convenience
Corporation dba Pacific Investment referred to as
and Vevelopraent, Inc. , a California
Corpox*tion, and Shaffer Develapment, .Inc.
SUBDIVIDER `
WIT NESSE 'THs.
WHEREAS, Subdivider is the owner of a tract of land in the City of
Huntington Beach, C-ttifornia, which it in seeking to subdivide into lots and to
dedicate certain streets, alleys, and other improve-ments therein to the public
use, and is about to file with said City a map of the Tract of land known as
Tract No, 9468 and
WHEREAS, an a condition to the a-proval of said subdivision map and
thn acceptance of the dedication of the: streets, allayn, and other improvements
in sail subdiviasion, said subdivider is required to ente. itito a.. igreerrient with
the City of Huntington Beach to do and perform the work hereinafter specified and
to execute and deliver to the City o untington Beach, boondi for the faithful
performance of said agreement and for he payment of all labor and material in
connection therewith, as rege,irea by Sections 66499 and 66499. 3 of the Government
' • Code of the State of California and Article 997 of the Huntington Beach Ordinance
C04e:
NOW THEREFORE, in consideration of the promises and agreements of
the par tics as herein set forth, the parties a rem are follows:
�* P S
1. Subdivider coed hereby agree to do and perform the following work,
,they cost of which has been estimated by the City Engineer to be the gum of
Seventy-fpu-• thousand fi.vi hundred 4allars �; r74 8 500.00 i
S
For thw construction of atroets, including excavation, paving, curbs,
" jutters, eiciswt►lks, ta'ees, la.ndacaptn�, otc, , rrewers# including -construction
of again lines and lot laterals and structures; street lights, street signs; con-
struction .of domestic water system including the construction of water mains,
lot laterals and installation a; motors; engineering costs; and any miscellaneous
requirements as may be set forth in ChapW-r 99,, of tho Huntington
Leach Ordinance Code, and all of which said work shall be done and performed in
nccordauce with plans, specifications and profiles which have been approved by
the City Engineer and filed in she office of the City Engineer and all of which
work shall be done at the sole cost and expense of the Subdivider and as a �
condition for the approval of said map and tho- acceptance of the dedication of
said streets, alleys and other irn'provements, and said work shall be completed
on or beiore two (2.) years from the date hereof, and all labor and material hills
shall be paid.
2. Subdivider agrees to complete all Arterial Highway Improvements,
including lwrimetrr walls and landscaping;, prior to release or connection of
utilities for occupancy for lot in the Tract.
P Y any
3. Subdi-ider shall guarantee all work and ma"--rial required to
fulfill his obligation as stated herein for a. period of one year following the elate
of City Council acceptance of same.
4. Said Subdivider shall. faithfully perform all of the work agreed
herein to be done by Subdivider and shall fully indemnify and save harmless the
Ci;:y of Huntington Beach from all cost and damage which it may suffer by
reason of failure so to do and shall fully reimburse and repay the City %.11 outlay
and expense which the City may incur in making, goc•d any such default,
S. The Subdivider agrees to furnish to the City and maintain to
force until the completion of the Ivor}: herein agreed to be done by Subdivider,
at Subdivider's expense, a protective lia►bility policy in which the City is named
at; q-a additional insured. The policy shall incur ; the City, its officEr3 and
omployces while acting~ withi►: the scope of their duties, against all ciaims arising
cut of or in connecUor with the work be performed. The policy shall provide
for not less than the foll:,wing aniounCss
Combined single limit bodity injury and/or prnperty dt.mage
i including products liability: $l, 000, 000 combined single
!i;nit per occurrence.
Such policy shall provide coverage at least as broad as that provided
in the Standard Form approved by the National Bureau of Casualty Underwritern
together with such endorsements as are required to cover the risks involved.
The Subdivider shall arrange for the policies to be so conaitioned
as to cover the perforxriance of extra or,unforeseen work should such work
become necessary.
P?ior to the rrrcordrtion of the rinal Tract Map, evidence of insurance
shall be furnished in a form satisfactory to the City. -In addition, the Subdivider
r
shall furnish evidence of a commitment by the insurance company to notify the
City of the expiration or cancellation of any of the insurance policies required '
hereunder not less than 30 dtys befiire each expiration or cancellation iv,
effective.
6. That said City shall not, nvr shalt any officer or employee there-
of, be liable or responsible for any accident, loss or damage happening or
occurring to the works specified in this contract: prior to `.he ccmpletion and
acceptance of the same, nor shall said City nor any officer or employee thereof
be liable: for any persona or property injured by reason of the nature of said work,
but all of :aid liabilities shall be assurned by said Subdivider. Said Subdivider
further agrees to protect said City and the officers thereof from all liability
or claim because of, or ari ino out of, the use of any patent or patented article
in the construction of said work.
7. That it is further agreed that said Subdivider will at all times
from the acceptance by City Council of the highways; offered for dedication in
said tract up to the completion and acceptance of sr,id work or improverr.rn' by
said Council.. give good and adequate warning to the traveling public of each and
every dangerous ccndition existent in said highways or any of therm, and xvill
protect the traveling laublic from such defective or dangerous conditions. That
-3-
It is 'understood and agreed that umil the completion of all thn improvot»ents
herein agreed to be performed each of said highways not accepted as Improved
shall be under the charge of stid Subdivider for the purpose. of this contract,
and said 5ubdivfder may close a:l or .a portion of any street whenever it in
necessary to protect the traveling public daring the making or the improvements
herein agreed to be: made. And the Subdivider hereby agrees to pay for such
inspe: tion of highways as may be required by the City Engineer of the City
of Huntingtori Beach.
8. . That in the event suit is brought by the City to enforce the teams
I
and provisions of this Agreement or in any bond given to secure the performance
a reasonable attorneylst 'fee, to be fixed by the Court, shall be paid by
I. the &,bdivides r.
. r
IN WITNESS WHEREOF, the parties have executed this Agreement.
SU BDI VID
By:
By:
Y OF H NTINGTON BEACH,
municipal orpo inn,
By-
Mayor
JI
ATTEST:
APPRGM AS To 'FORK g
DOZY P. BOKFA
City ttorney
POO
y ark of i5e City .if Huntington Beach � BY: �
sputq City Attc.ney
-4-
Individual AcKnowledgment
STATE OF CALIFORNIA
COUNTY OF SS
.
}
On—_EAbE],Lf+. 1��� before me the undersigned, c Notary Public in and for said
�X'�.a 9 � Y
County and State, personally appeared Russell M, Jedinak
O
w'
i.
known to me to be the person whose name_ iq_,_� , subscribed to the within instrument and
acKnowledged that h ____,executed the same.
EO
ti L
�- Notary Seal
MCI
WITNESS my hand and official seal. OFFICIAL SEAT,
Marion J. MicGii{
o NOTARY ruBLIC • CALIFORNIA
ORANGE COUNTY
My come. eiplres OCT 9, 1980
...o„m.,.,, Notary Public in and for said County and State — — —�
I
Individual Ac►cnowledgment
STATE OF CALIFORNIA
COUNTY OF } SS.
On Sebnzazry...7.9 1= before rne, the undersigned, a Notary Public in and fo► said
County and State, personally appeared N.N
Joseph a p Shaffer
h �G
L
� = a
`� know►, to me to be the person rrhnse name_._i�_, subscribed to the within instrum^rt and
acknowledged t.iat hp executed the same.
Notary Seal
WITNESS my hand and official seal. OFFICIAL
AL
."� Marion ill
NOTARY PUBLIORANGETYMy bomm. expT 8, 1980
Notary Public in and for said County and State
r
STATE OF CAL IFORN1A ) ss
COUNTY Off' ORANGE j
On this 1 day of lq 7 ihefore me, a
Notary Publi.:• i and for said County and State, persc�ndlly snreired
..._.. ,.
Air�-
known to me to be the Mayor and
known to :ne to be the City Clerk of the City of Huntington Beach, the municipal
corporation that ell cccuted the within instrument, known to me to be the persons
who executed the within instrument on behalf of said municipal corporation and
acknowledged to me that such municipal corporation executed the same.
i CONNIE A. QROCIVAY #
NOTARY PUBLIC•CALIFORNIA • -. r
PRINCIPAL OFFICE IN '' Notary Public
ORANGE COUNTY �
MMy C)Pvnb on expires Gel.o1w 10, 1977
STATE OF CALIFORIVIA j sr
• COUNTY OF ORANGE
Oa�,� 7 19 77 before me,
t a Notary Public, in and for said County and State, personally apr-eared
and
known to me to be the President and the
Secretary of the corporation that executed the within
instrument; pursuant to its by-13t,ws or a resolution of its Board of Directors.
Notary Public
My Commission expires:
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ARtYO11 01111111A. Apo 1011tt C00111 at volt CITt of NYMTI61161 81A611-1 1,961t
ro.A►Lttts c1411FICA•% tot CERTIFICATE OF I"SURAMCk 0 tR1,l:rrtllrt o► IawllAetl WILL se
A�ssrsts.
0tt ar "UartnAro. etfitll TO
Deartllant of Public Work■
r. • "tat I CITY OF HUNYIm" '.'ON DEACA CALIFORNIA
AU411014100 rRA100, CALI►041114 7/11411
A MUNICIPAL CORPORATION
Ibis it to cwfify that the policies of Insurance as described below hove been iesuod to the in►:ared"by the under-
signed and are in force at this time. if these policies are cancelled or charged in such a mann►rr that will affect this
cartiflsate, the Insurance company ogr*er to give 30 days prim written notice, by trail, to City of Huntington Beach,
P.O. Box 190, Hvntington Socch, California 92&W.
i
kAlne t F Insured JOSEPH N. SHAIPPER AND/OR SHA PER DEVELOPMENT, INC.
Address of Insured 2400 West Coast lHighwayl Suite Ft Newport Beachp Calif. . 92663
Lots 1 through 40: Tract 9468 t City of Huntington Beach
Location of Insured Operations
Description of Operaltionr Construction of 40 units a_ nd__Algonquin & Hail
POLICIES IN r0RC9 POLICY DATE LIMITA 0'•` LIABILITY
NUMBER EFFECTIVE EXPINATtON
A. Wcwkmrn's Compensation Statutory
Employers' liability $
7Cr.11t�a..dl
B. Public Liability: * f l^10►GG0 combined single
Bodlly Injury: li it pr'r occurrance.
Manufacturers ono GLA81'/
Contractors C] 9367 8-1-76 8-1-17 5 * __._Each Person
Comprehensive
General * Each Accident
(Intlwdirq products Completed
operations)
Property Damage n _tt S * Each Accident
C. Automobile Liability: l
Bodily Injury A817 _ $ * Each Person
GL
9367 8-1-76 8-1--77 S * Each Accident
Property Damage S + Each Accident
Do Is policy cover:
All awned automobiles ( X Yes ( ) No
Non-owned automobiles ( x ) Yes ( ) No
Hired automobiles ( x ) Yes ( ) No
D. Additional Insured Endorsement:
The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups,committees,
commissions,boards and any other City Council appointed body, and/or elective and appointive officers,servants or employees of r
the City of Huntington beach,when acting as such are additional assureds hereunder.
E. Hold Harmless Agreement:
The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss,
damage or expanse by reason of any suits, claims, demands, judgements one rouses of action caused by insured, his
employees, agents or any subcontructor arising, out if or in consequence of the performance of al I or any operations
covered by the certificate of insurance, and such insurance shall be primary to any insurance of the city.
F. Minimum Limits Required:
Combined&angle limit Bodily Injury and/or Property Damage including Products Uability: $1,000,0i)0 combined single limit
per Occurrence.
APPROVED AS TO FORM:
DON P. BONFA
G. Remarks:
!4#
00
Ck,te March 24t 1977
Comp,"M P.E?US'r1+1'T it MATH IiSAND ASSOCIATES
N�iicchh■igan Millers MutualBy
1i—ftiu 'ancis eny �~ CQNATtInE 04r AWT F.P111 t►hR'AtatNTATI`�E `�n�
A/� re 1427 So. Glendale Avea f dd 31U6 E. Wi11oW St. , Long Beach, Cal.
fMr�i G�� 1�•�Vre1{
I
City Glendale, Calif. 91205 Telephone ( 21::) 426-0341
v
I certify that in the performance of the work
for which this permit is issued I will not employ
any pe+son in any manner so as to become su-iject Eo
tho Workmen's Compensation Lacs of California.
sep Sha£irer /
Shaf L-evelopmenr, Inc ,/
A'ROVM AS xp FORY t
DOA P. BOIVFA
OitY Attorney
Art
bepptp city Attora67-
I
000
02 4
T
OF. T,IN,.OF rilE CITY CWNCIL =.
Council ammher, City Nall
Huntington Bich, California
March 511979
Mayor A TOM S•lrrbert� _ callod the regular mating of the City Counc•:'.
of e o iWRIN ea1�r ch to order a , :. .
Present: Yoder, TOM%, MecAllist or,�fail!
,E� Mandic, Siebert
Absent:,,,,,,,,• Pattinson
�,r�r�►wrr�,►+►��r�a�rs���+►+���rir+ ��++r+r+�rrr.r►+t,r�rrrt,a+r�,�r�**�+►��,n�r,r*t*r**t*�►+r���►r�r+�t+r*
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Mandic, the following items were approved, as recowoended,
by the following roll call vote:
AYES: Yoder, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: Kane
A85ENT: Pattinson
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NOTICE OF COMPLETION - TRACT 9468 - SHAFFER DEVELOPMENT - Accepted 4mprovwmnts dedicated
or public use In Tract 940 locaER-37te 7,nd Xigonquin, authorized the release of
the Faithful Performance Bond, the Monument Bond, and 1.ennfnatiun of the Subdivision
Agreement.
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Maycr PM Tem ir rt adjourned the regular ttiny of the City Council
of the y o ngt-M beach at 1:
x
Alicia 11. Wentworty
ATTEST: City Clerk an ex-o icio Clerk
of the City Council of the City
Alicia M. Wentworth of Huntington beach, California
City Clerk .
STATE OF CAL.IVORNIA Richard W. Siebert
County of Orange mayor
City of Huntington 1"ch Pro Tom
It ALICIA M. WENIW4RTH, the duly elected and qualified City Clerk of -:he City
of Huntington beach, California, do !-ireb y certify that the aoave and foregoing is a
true and correct Statement cf Action of the City Coukqc it of said City at sheir
wgular aerating held 9,i the Sth.__ day of . mrch , Na 79 •
WITNESS PW hand and seal of the said City of Huntington leach this tha_..dtt_
dityi of kLrr
A 14 79
Alicia M. &SUM14
CIV71—R-3-nTex-officio ClIek
of the City Council of the City
of Huntington Beach, California
BY a,12/78 .T. ...
u
i
REoul.%-r FOR ary COUNCFACTION
Submitted by H. E. Hartge ,d Denariment Public Works
Date Prepared
Feb. 22 1979 Backup Material Attachod x Ye. N��
Subject Notice of Completion Tract 9468
I
j City Administrator's Comments
Apra ove as recommended. f APPROVED By CITY COUNCIL
U NCIL
1
CITY CLERK
winrrr�i.a.�. r.rr�_irrrrrr .u._rn�—
Statement of issue, Recommendation, Analysis, Funding Source, Alternative .Actions:
Statement of Issue :
Shaffer Derrelopmerit has completed all street improvements for Tract 9468
and is requesting release by the City, as required by Section 66499 . 7 of
the Subdivision Map Act.
Recommendation:
1. Accept the improvements dedicated for public use .
2 . Release the Faithful Performance Bond .
3 . Release the Monument Bond.
4 . Terminate the Subdivision Agreement.
5 . Instruct the City Clerk to notify the developer and the City Treasurer
to notify the bonding company of .his action.
Analysis :
Subdivider: Shaffer Development, 16511 Brookhurst St. , Fountain Malley,
CA 92708
Engineer: Panchal Engineering, 523 N. Grand Avenue , Santa Ana, CA 92701
Location: SIB Heil & Algonquin
Lots : 1
Acreage : 3 . 634
Zone; R2
This tract has been constructed in substantial accordance with the plans
and specifications on file in the Derartme:nt of Public Works .
1
HEH:BPC : jy
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1010 ana — ...-
Pl.ANNINC
to oft .
SECTIONAL DISTRICT MAP 20 -5 - 11
CfTy or,
HUNTINGTON BEACH LESEP10
NzA
USE OF PROPERTY MAD
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AidCity of Huntington Beach
P.4. box 10 CALWORNIA "
April 19, 1977
Pacific InVeStmrnt x DeVelopftnt
Shaffer Development, Inc.
16511 Brcaokhurst Street
Fountain Valley, CA 92700
Gen tlem n s
The City Council of Huntington Peach, at its regular
meeting huld Mndaaa jDri i 194 J227
approved the 5ubW vision Agreemnt for Tract No.,,sq U.-
Wt., are encloNiny herewith a duly executed copy for your
files.
Sincurely,
A;icia M. Wuntworthlo,
Ct ty Clerk
AM t pr
knalosure
•
J ie City of Huntington Beach
P.O. Box 190 CALIFORNIA On*
ENGINEERING DEPARTMEW
April 8 1977
I IA?l
Honorable mayor
and City Council
City of Huntington Beach ,pry►
Attention: Floyd ;. Belsito J
City Administratoz
Sub'ect: Tract 9468
S/E Corner Algonquin & Heil
Shaffer Development
Dear Council Members :
Tran.mnitted herewith are:
Guarantee and Warranty Bond No. 7SM 169 054
Monument Bond No. 7,. J 169 055
Faithful performance Bond No. 7SM 169 053
TAbor and Material Bond No. 7SM 169 053
Two (2) copies of the Subdivision Agreement
for Tract 9468. All of the documents have been approved for amount �
by the Department of Public Works and as to form by the City
Attorney' s office.
It is recommended that the City Council accept the bonds and
instruct the City Clerk to file them with the City Treasurer. It
is further recommended that the City Council accent the Subdivision
Agreements and instruct the City Clerk to file one copy and return
the second copy to the subdivider.
Very truly yours•
H. E. Hartgn
ZnginterF
or o Ps
l Zam
City
HEHtl4Z:BPC:jy
Trans.
City of Hubtington Beach
P.Q.%Pb.P~W4-- _'W mpg FWMM
Box too CALIFORNIA SUM
April 14, 1977
Safeco 'Title Cawany
825 North Broadway
Santa Ana, CA
Attention: Bob PA"
Subdiftsion Officer
U: Tract Map No. 94
68
Ceat leawea; .
Thio is to inform you that All foes ham* brow
Paid and conditioas sat on the above as nd tract.
You are free to rreaord "ma of your court ifteo.
Sincerely yvnrsr
Alicia M. Kentwrth
City Clerk
AMW;.to
RECEIVED BY der .'
DATED
11cr1'10E OIL COMPLETION WITH CONDITIONS Ott TRACTS►
AU-1'11011DA-1'I U1.1 FOR 1t1:1.,1sAS E FUIt VI-X ING
TO : CITY CLERK DATL; —.0e ;;/r *
FROM: PUBLIC WORKS DEFAR MINT
TRACT NO. ��� DEVELOPER
CONDITIONS : Date
Deposit of fees for water, sewer, drainage,
engineering and inspection. . . . . . . . . . . . . . . -'-
Bond for Improvement . . . . . . . . . . . . . . . . . . . . . . ► 011
Signature of Agreement . . . . . . . . . . . . . . . . . . . . .
Certificate of Insurance. . . . . . . . . . . . . . . . . . :
Bond for l`ionuments . . . . . . . . . . . . . . . . . . . . . . . . .
Approval from County Surveyor. . .
Labor. & Material. Bond . 4, * 0 6 0, q. a 6 6 e 4 6 0 8
Other:
gnature
NOTICE OF COMPLUICE WITH CONDITIONS ON TRACT
AUTHORIZATION I-OR RELEASE FOR RECORDING
TO : City ..lerk Date
i
FROM: PLANNING DEPARTMENT
James W. Pali t
TRACT NO. co
RECREATION & PARKS FEES I AID
i
`T
r
Other:
(sign e
I
CITY CIF HunTinGTOf) BEP ( H
DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES
,.. I'. O. BOX 190, iiUNTINGTON BEACH. CALIFORNIA 92648 (714) 63G•6271
T0: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Department
DATE: Febxuary 31 1977
ATTN: Floyd G. Belsito, City Administrator
RE: Final Tract 9468 - All of Tentative Tract 9468
Transmitted is the Final Map of Tract 9468 being all of Tentative Tract 9468 .
Subdivider: Pacific Investment & Development
Shaffer Develdpment Inc.
16511 Brookhurst Street
Fountain Valley, California 92708
� r
Fn i;z-per: Wonacott, Shah & Panchal, Inc 4 2 N
523 N. Grand Avenue
Santa Ana, California 92701
Location : Southeast corner of Heil and Algonquin
Lots : 1
Acreaae : 4 . 01
Zone: R2 , Medium Density Residential
General Plan : Medium Density Residential
This map has been examined and certified by the Director of Public Works
and the Secretary to the Planning Commission as being substantially in
accordance with the tentative map as filed with, amended and approved by
the Planning Commission.
The City Council may approve the map , accept the offer of dedication and
improvement subject to completion of requiraments as shown , and instruct
the City Clerk that she shall not affix her signature to the map nor release
such map for preliminary processing by the County or for recordation until
the following conditions have been complied with.
Continued
�1
J
Final Tract 9468
TT 9468
Page 2
1. Deposit of fees for water, sewer, drainage, engineering
and inspections.
2 . Certificate of insurance .
3 . Park and Recreation Fees shall be paid prior to recordation
of the final map .
4. The final map shall be recorded prior to expiration of
Tentative Tract Map No. 9468 on March 8 , 1978 .
Environmental Status :
Negative Declaration No. 76-67 was granted by the Environmental
Review Hoard on August 10 , 1976. The Planning Department recommends
adoption by the City Council.
Respectfully submitted,
Edward D. Selich
Director of Planning and Environmental Resources
9j
/Assistant
ames W. Palin
Director of Planning and Environmental Resou--ces l
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