HomeMy WebLinkAboutFinal Tract Map 9481 - Lowell D. Zehnder - Lowell & Joyce Ze 6U13VIVI, -JU At..'olt1.�•,�►,_.s�;i
THIS AGREEMENT dotted this . 25tb day of .��...�r.�.�.:....
19 77�, by and
BETWEEN
CITY OF ITUN'CiNGTON I31`;Ar1i
a municipal corpnration,
firs einatier fnr convenience
1•l!41l:rred to as
CITY
and LOWEi,L D. ZEHNDER
hereinafter for convenience
referred to as
SUBDIVIDER '
• W I T N E S S E T14
K
WHEREAS, Subdi- ie..er is the owner of a tract of land in the City of
Huntington Beach, California, which it is seeking to subdivide into lots and to
dedicate certain streets, alleys, and other improvements therein to the public
use, and is about to file with said City a map of the Tract of land known as
Tract No. -fee and '
WHEREAS, as a condition to the approval of said subdivision map and
the acceptance of the dedication of the streets, alleys, and other imp: • . ement--
in said subdivision, said subdivider is required to enter into an agreement with
the City of Huntington Beach to do and perform the work hereinafter specified and
to execute and deliver to the City of Huntington Leach, bonds for the faithful
performance of said agreement and for the payment of all labor and ;naterial in
connection therewith, as required by Sections 66499 and 66499. 3 of the Government
Code of tl.e State of California and Article 997 of the Huntington Beach Ordinance
Code:
NOW THEREFORE; in consideration of the promises and ag=eements of
the parties as her-.An set forth, the parties agree as follows:
1. Subdivider does hereby agree to do and perform the following work,
,the cost of which has been estimated by the City Fi-.gineer to be the sum of
Thi,;ty-i b ree thot;sand aid no/100- - -� - �- _ _ _ .: ., r 314, 000 . 00 ')
For tit+. dona true tion of streattt, including excavation, paving, curbs,
fullers, id�rixtal3�a, -.,trceaj , landsi:a►ping, etc. , sewers, including 'on structfon
of main lfnoa and lot lateral$ and i+tructures; tiCreet lights; street nigns; car.-
i
strucrion .of domestic water system including th.j coristructinn %' -Watisr mains,
lot lateralta and inatallation of motors; unginc:ering costs; and any misceIlancrjus
requirements as may be rset forth in Chapter 99, o f t h 1.1 u n t i n g 1. o n
Leach Ordinance Code, and alt of which said work shall be done and performed in
accordance with plans, specifications and profiles which have been approved by
the City Ehgineter and filed in the office of the City Engineer and all of which
work shall be done at the s;;tu cost and expanse 61'r the Subdivider and as a
condition for the at:)proval of said map and 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
shall be paid.
2. Subdivider agrees to complete all A. Eeriat Highway improvements,
including perimeLe:r walls and tandscapinb, prior to reluase or connection of
utilities for occupancy for any lot in the Tract.
3. Subdivider shall guarantee all work and material required to
fulfill his obligation as stated herein for a period of one_ year followizig the date
:.f City Councit acceptance of same.
4. Said Subdivider shall faithfully ?erform all of the work agreed
herein to be done by Subdivider and shall futly indemnify and save harmless the
City of Huntington Beach frorn all cr,st and damage which it may suffer by
reason of failure so to do and shall fully reimburse anti repay the City all outlay
and expensr. which the City may incur in making good any such default.
5. The Subdivider agrees to f%irnish to the City and riaintain in
force until the completion of the work herein agreed to be done by Subdivider,
at Subdivider's expense, a protective liability policy in which the City is named
as an additional insured. The policy shall insure tht City, its officers and
employees while acting within the scope -+f their duties, against all claims atrisinl;
out of or in connection with the work to be performed. The policy shall provide
for not lens than the follovwino amounts:
Combined Mingle limit bodily Injury and/or property damage
i including products liability: $lr OOOv OOO combined single
limit per occurrence.
Such policy shall provide covorage at least as 'goad as that provided
in the Standard Form approved by the National Bureau of Casualty Underwriters
together with such endorsements as are required to cover th#. risks involved.
The Subdivider shall arrange for the policies to be so conditioned
as to cover the performance of extra or,unforeseen work should such work
become necessary.
Prior to the recordation of the Final Tract Map, evidence of insurance
shall be furnished in a foram satisfactory to they City. In addition, the wub divider
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 days before each expiration or cancellation is
effective.
li 6. That said City shall not, nor shall any officer or employee there.-
of, be liable or responsible for any accident, loss or damage happening or
I
occurring to the works specified in this contract prior to the completion and
acceptance of the same; no: shall Wd City nor any officer or employee thereof
be liable for any persons or property injured by reason of the nature of said work,
but all of said liabilities shall be assumed by said Subdivider. Said Subdivider
further agrees to protect said City and the officers thereof from all liability
or claim because of, or arising out of, the use of any patent or patented article
in the construction of said work.
7. That it is further agreed that taaid 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 said work or improvement by
ra;d Council, give good and adegl.iatc warning to the traveling public of each and
every dang•erotis condition exi.-tent in said highways or any of them, and will
prc':ect tht� traveling public xrern such dexective cr dangerous renditions. That
w '3-
1
it is understood and agreod that until the camp'%etioia of nll the improvehic6ts
'herein agreed to be performed each of said highwayu not accepted as improved
shalt be under the charge of said Subdivider for rho purpose of this contract,
tnd said Subdivider may close all or a portion of any streat whem.,ver it is
necass%r to protect the traveling ublic during the making of the improvements
y gp
herein agreed be made. And the Subdivider hereby agrees to '?a-f for such
insP edtion of highways as may be required by the City Engineer of the City
of Huntington .Beach. '
8. That in the event' suit 14 brought by the City to enforce the terms
and provisions of Uhis Agreerivent or in any bond given to secure the performance
hereof, a reasonable attorney's fee, to be fixed by the Court, ahslt be paid by
4 the Subdivider.
r
IN WITNESS WHEREOF,. the parties have executed this Agreement.
SUBDIVIDER:
: • s
By:
n y:
CITY OF HUN'TIN(,TON BEACH,
a municipal corporation,
4":St
f
Mayor
.4TiESTt
Miaia 14.. Wentworth
City Clark of the City of Hurtington Betch
AFpRpyan
AS TO yO Ii7lt:
DOA F. BONFA
.4- city Yto.m;er
BMW
�. Deputy City Clark Sir
;PD city orney
to
�r
h�
f r•Z •�i� ��Or.
r
f'♦ ",* '.rr �,. ^Ili ;.
y r.
r
I' STATE: OF CALtF"O RN LA ►
COUNTY OF ORANG0 ► Sr
On this day of t ` 191j/�-/Y// brtnre me, a
Notary Public �n and for said County and ;hate:, personally appeared
i .
known to mo to be the Mayor and 4&ii'
r 1
to :rie to be th+���lcrk of the City at Huntington Beach the municipal
own Y Y 8 P
corooration that executed the within instrument, known to me to be the persons
who executed the within inst:umcsit on behalf of said municipal corporation and
r�
acknowledged to mn that, such municipal corporation executed the same.
NoViy Public
.13
STATE.. OF CALZFOkWR ) as
• wOUNTY OF ORANGE )
II
On 119 before me,
a Notary Public, in and for said County and State, personally appeared
and
known to me to be the President and the
Secretary of the corporation that executed the within
instrument; pursuant to its by-laws or a resolution of its Board of Directors.
Notary Public
My Commission expires;
i
Iraesirhs ilaea"frM of 0*cft eW 1lmtA 0ofh aeadn's ford
• �� 9 0 of CsrsiffeW of I Ma-save,will be
CANTIFICATIi Cf IKB1lAANN eeeep"
e/MMea TO
cap'' CITY OF AMINOTOW MACH,CALIF MNIA
P.o.w. log
NrherMeWAM Iteeain,callownis 01no A MMCCWAL GORKMATION
This is to oartify then the polieks of (IMweelea aht sfeserlbe 1 beiaw hve Ism iesuud to the Insured by the wWw-
d! end an la few.•t this tints. if tlhs»a rlieias are eiereealled of elheinp iw ureh a meaner dent wA affraR this 9"Neate,the
Worenaa eaehsrAy aleerss to lire 30 det#s prkw wrltswo naotiee.by nail,to Ofty of f4 wWovina /cede,f.A.Box 1000 "ande60
/100e6.cofornia t .
dr *W of Irheeerad ., 1 D xehnder
Idl*moflershet*ed 201 14th Street HuntinEton Beach California 92648
....,..
UMMU rof imow Orange County w 6 lots Yorktown & Delaware
LJaatmripd"of op ,r Construction
I ICr IN"lflCE til" EFFE V E r�xN11A►T I.ara rf►of L�AMu4rrr
A. Wwtmenh CaraOwaerdon lMetwMry
ewtpioyers' Li�biNty � ,�,
Ir. PabMe UWMNty: 105298 9 7/2 3/ 6 7/23/77 • s'l,o0o,000 owbbnad Ono*
modify Inlwy: & I. iierilt per aoourr«roe.
Manhelaetierenand 453295 8/5/76 8/5/77
Corrttocton [� EmA Pet
Ii+rtsar,rl [ iI Eadt Accident
(Im*Wim produeru oompletad
i`pertiarre!
Pro"
y Danhw Each Accident
C. :+utoeM6W L.iebility: to rr n i
Qbdih, Imury B • kaah Perm
>i,,, • EvA Accident
MweAy C"U"a i Each Aexidsnnt
Do"policy cow:
AN owned w%wxMlw ( ) Yw { X 1 No
Nornownsed r tomMkr { x i Ya { ) No
Mked ereerornowlas { ) Yes ( ) No
0. Additiww insured Endorsement:
The imurm`al m thet the City of Huntithgton Beatk City Council,andlor all City Council appointed groups, committees,
etomi-M eiom, boards end any other City Council appointed lvdy. and/or elective -ad appointive oHiars, *ervmb or
empiayess of the City of Huntington Beech, when acting as such are additional assw2ds hereunder.
E. Hold HowJess Agreereerrt:
The Ir n4ragrees to prate , defend, indemnify anal mew charmless the City of Hundngton Beach sonst Ion,damage ur
expense br reason of any wits,oWnw,demands,judgements and causes of salon caused by Insured,his employees,agents
or any subeontri r!3 arising out of or in amomp na of the performance of all or any operations covered by the cartificvtte
of imanw oae,and such insurance shaft be primary to any Irsuranae of the city
F. Mbnim m Limits AaefeeirW:
Cat4hnid tbgk Limit IMAly lrgwy and/or property Dernage including Products Liability: 41.000.000 ago W*W
per oeewtw.=. AVMQUWA 16_�.. ..�._•
a. ROMWlts: D011 P. EWA •
7771-4
'tea 1/11/77 Y n1t t GY
�. REPRESENTATIVE orange Yi a ns 1 gcy
Transamerica trio Co -�-------�--
my
ir+•MrWM ONRPWY 14nefun of Av*wiaasd Fkp6MteM1vo/Avwt
Adds - U jqg 5330 AWrex P 0 Box 806 Tustin Calif 92680
M
1
ITUMif TIJE JQIO I Of THE �'IIl'..S LIB
Countyl Chasdw, City Hall
�tingtoh Ilohch, Ca.ifornia
Mrnday, March 199 1979
do= totting" tilled the regular suing of the City Councii
of me o +itingW ranch to order a X.
Pr'Irs"t: XA �...l��t.��.:��s-c��1t..1AWKI 5.�r.#. Z&AU M .�,-....�....
Absent:,,-, -
r .�•�r��trrerrr.•r+► .t,rr�r�rrt�+rrr�r�►err+re�rr��+r+�rr�+,rrtr�rtrrrrr+rrr*,r*�+ '
Prior to the approval of the Consent Calendar, Councilmen Siebert tendered nis resignation
from the City Council.
CONSE11T OWMDAR - (ITEMS APPRtiV0
On sat•lon by MacAllister, second Msndic, the following itams were approved as recommeMed
by the following roll call vate:
AYES: Yoder, Tha:wts, MacAllister, Mandic, Bailey, Pattinson
NOES: Noae
ABSENT: None
��ttt�t�r,r�r�rr�r�r►.,r�t�.r�•�r+�+��+r�r�r�t,r�,r��,�rt�•�r+�rr�r�rrrrnr,►i��,a�,rr�r«,r,rr�rt*���r�+rrr.#***�#+rir
TRACT - WTIIX 0 F.TION - 6MLLXEHNDER - Arcapted improvemants dedicated for
public use In Tract MI located southeast of Delaware Street and Yorktown Avenue, authorizes;
the release of the Faithful Performance Bond, Nonument Bond and termination of the Subdivi-
sion Agreaam t.
TRACT 5502 - NOTICE OF 4.MLETION - FAMILY HOPE BUILDERS - Accepted improvement% dedicated
?or public use in Tract No. 5502 !oc&M nortVm—st of ffica Avenuc and Florida Street,
authorized the release of the Faithful Performance Bond, the Monument k.A and the termina-
tion of the Subdivision Agreement.
rt�+l,ir,4*��rririr��,ri►�r#+ter,r•ir,rrrr�r�wrr+r�,r+�„rrtrsyr*�t+rin�+�wtr�.o,ir,art,.�*cra�rr+r+ri►ir,r�rr�+►*��rrt+rar*f�t�
Mayor Pattinso�r __�_adjourned the regular meeting of the City ',Auncil
of the of AtW ffngton Beach at 1:30 X.R. "- to Monday, Aril 2, 1979
at �i00P.M. in Ran B- Y�c e'nter, Hur,�nc , . "-
ATTEST: Alicia It. Wentworth
City Clark and ex-afflM MR
of t6v City Council of the City
Alicia N. Wentworth of Huntington beach, California
City Clark
STATE OF CALIFORNIA _ Ron Pattinson
County of Orange May"-"
City of Huntington leach
to ALICIA 0. WENTWORTH, the duly alected and guwlified City Clerk of the City
n' Ikmtington leach, California, do hereby certify that ttw above and foregoing is a
true and correct Statement of Action of the City Council of said City at t4I�ir
rogular sleeting hold on the 19th day of March _, 19 7�.
WITNESS sty hand and Baal of the sold City of Huntington Mach thiti the,�w�.��,
dar of March 19 1 .
City Clark AN la-o 1 c o Clark
of the City Council of the :city
of Huntington 6aech, California
BY sa• tt✓ .
97 DqpUty
i2/i0
•� " REOAT FOR CITY COUNCit ACTION
Submitted by H. E. Hartc12 Department ,,,public Wogks
Date Prepared March 6 19 79 Backup Material Attached Ej `!en Q No
Subject Notice of Completion, Tract 9481
City Administrator's Comments
App"VigD lX CITY COUNC ' I
Approve as recamended.
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative AUtions:
Statement of Issue:
Lowell Zehnder has completed dll %treet improvemenis for Tract 9481 and
is requesting release by the City, as required by Section 66499 . 7 of the
Subdivision Map Act.
Rpcormnendation:
I. 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 ani the City Treasurer
to notify the bonding company of this action.
. Efllysis : U",,,
Subdivider: Lowell Zehnder, 201-14th St. #11 Huntington Beach, CA 92648
Engineer: Emerald E.ngineerinc;, 18600 Main St. , Ste 160 , Huntington Beach
9`1648
Location: S/E Delaware & Yorktown
Lota : 6
Acreage: 1 . 931
Zone: R2
This tract has been constructed in substantial accordance with the plans
and specifications on file in the Department if Public Works .
HEH:BPC: jy
r1a ant
PLANK
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SECTIONAL D : :SiRICT MAP 2r-6- 11
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
UARFIEID AYE•
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ADAMS AVE
i
1
City, - of Huntington Beach
March 16, 1977
Lowell D. Zehnder
201 - 14th Street
Nuntington Roach, C% ?2648
Gentlemen:
V,,a City Coincil of Huntington Beach# at its regular adjourned
meeting field Hon3U- s lftrch 141 �1977 � � . -
approved the Svsdivision Agreement for Tract No.94811. 1
We are enclosing herewitl, a duly execlited copy for your
filet;.,
Sincerely,
Alicia M. Wentworth
City Clerk
Enclosurti
t
Cit of Hunting on eac
Eel
P.0. Box 190 CALIFORNIA
.Vf ENGINEERING DEPAR11UNT
February 16, 1977
f/vIll
Honorable Mayor
and Council Members
City of Huntington Beach
At`ention: Floyd G. Belsito
City Administrator
Subject: Tract 9481
Subdivider Lowell D. Zehtider
Location S/B corner Delaware
and Yorktown
' Dear Council. Members:
t Transmitted herewith are:
` Monivaent Bond No. 106238
i Faithful Performance Bond No. 106237
Labor and Material Bond No. 10.6237 .�
! Two f 2a copies of the Subdivision Agreems nt
for the subject tract. The bonds should be accepted by the
City and the City Clerk instructed to file the instruments
with the City Treasurer' s office. The Subdivis;.-jn Agreements
should be accepted by the city and the City Clark instructed
to file one copy and return one executed copy to the subdivider.
All instruments have ;jeen approved for amount by the Depart-
mant of Public Works and for form by the City Attorney' s office.
Very truly yours,
000
rtg
Director of Public Works
h4R:BgC:mc
Trans.
_ T
1"1(11'IdE OF COMPLETION 4irm OrinITIONS 011 TRACTS
AtT1'1I01"'.611.Oti 1:01: Icl.t.J ASE FOR I1-AR1140
TO : CITY CLERK DATE : /ZZ ��_ ,_.�
FRO14: PUBLIC *CORKS DEPARTMENT
WA as P.
TRACT NO. DEVELOPER
CONDITIONS : Date
Deposit of fees for water, sewer, drainage,
engineering and inspection. . . . . . . . . . . . . . . Z14 77
Bond for Improvement . . . . . . . . . . . . . . . . . . . . . . i .' , 22,�,_
Signature of
Certificate of Insurance. . . . . . . . . . . . . . . . . .
Bond for Monuments . . . . . . . . . . . . . . . . . . . • . . . . .
Approval from County Surveyor. . . . . . . . . . . . . .
9
Labor & Material Bond . . . . . . . . , . . . . . . . . . . . . .
Other : _
gneture
NOTICE OF CCMPLV.ACE WITH CONDITIONS ON TRACT
AUTHORIZATION I,OR RELEASE FOR RECORDING
TO: City Clerk Date
iltltl��i r1 �i � r .
FROM: PLANNING DEPA?TMENT
James W. Pslit
TRACT NO*
o j
RECREATION & PARKS FEES I-AID ` �
2
Other:
a
I
City of Huntingtonp 9 p-6 OWN_--0-P p plm-- Beach
N.o. box too CALWORMIA MAD
Chicago Title
17671 Irv.ins aoulevardl ®uita 119
Tus tin r GR 92680
Attention: Dick Vjkdow
Subdivision officer
12: T net Mai► go. 9481 _
Gentlown:
This is to infom you that all fees haw bem
paid and conditions scat an the aba we a#ed tract.
You are free to record sates at ywr cowmience.
Sincerely
Alicia M. Wentworth •
City Clerk
j AMW: to
RECEIVED BY
"ATED ,..,.22 ....�,. ....,.
I
CITY CIF HunTHIGTon BEA ( H
DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES
1=*{ i • P. O. BOX 190, HUNTINGTDN BEACH, CALIFORNIA 92648 (714) 536-5271
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Department MAO,
DATE: February 3 , 1977
.ATTN: Floyd G. Belsito, City Administrator
RE: Final Tract 9481 - Al1. of Tentative Tract 9481
Transmitted is the Final Map of Tract 9481 being all of Tentative Tract 9481.
Subdivider: Lowell D. and Joyce V. Zehnder
201 14th Street
Huntington Beach: Catlifornia
Engineer: Emerald Engineering
417 Main Street
Huntington Beach, California
Location: Southeast corner of Yorktown and Delaware
Lots ; 6
Acreage; . 931
Zone: R2 , Medium Density Ri:sidentia?
General Plan : Medium Density Residential
This map has been examined and certified by the Director of Public Works
and the Secretary to the Planninc- 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 o4 requiremens 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 recorda-
tion until the follnwi.ng condi-C-ions have been complied with.
Continued
1
Final Tract a481
TT 9481
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 mnp.
4. The final map shall be recorded prior to expiration of
Tentative Tract Map Igo. 9481 on March 8 , 1978 .
Environmental Status :
Negative Declaration No. 76-70 was granted by the Environmental
Review Board on August 20 , 1976. The Planning Department recommends
adoption by the City Council .
Respectfully submitted,
Edward D. Selich
Director of Planning and Environmental Resources
) D L?)
?J:T�esW. Palin
Assistant Director of Planting and Environmental Resources
�f�
VOLLSAWS AVE
F
YO KTOV!N. AVE
+ R2-Q y
WICHI TA AVE. _
1ij v) Mill + = // JAY CR
.{ VEN:CE `jL
SGLt E Jf41 FEET
ja
FINAL TRACT 9481
ZONE R2 %
NL,%TprLlL�U^c"
HUNf:XGTON BEACH PLANNING DEFT.