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HomeMy WebLinkAboutTract 10557 - All of TT 10557 - Joseph W. Noble and Barbara SUBDIVISION IMPROVEMENT SECOXXTyi AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND JOSEPH W. NOBLE AND BARBARA XOSLE THIS AGREEMENT is made and entered into this day of 1984, by and between CITY OF HUNTINGTON BEACH, a m 1cipal corporation of the State of California,, hereinafter referred to as "CITY, ' and JOSEPH W. NOBLE and BARBARA NOBLE, a California corporation, hereinafter referred to as 'SUBDIVIDER" . WITNESSETH: WHEREAS, SUBDIVIDER is subdividing that certain parcel of land shown within the subdivision boundaries of Tentative Tract Map 10557 (hereinafter as "map' ) and CITY has imposed certain on site and off site development improvement requirements (hereinafter as "improvements' ) upon SUBDIVIDER, which conditions must be fulfillcd prior to recor- dation of a final map, and Exigent circumstances have made it impossible for SUBDIVIDER to conatruct such improvements prior to the filing of said final sap, and i SUBDIVIDER desires to post security with CITY to insure that all improvements Will be completed after such recordation, and CITY is trilling to accept such security in lieu of present compliance with the conditions of the maps. - 1 - NOW, THEREFORE, the parties covenant and agree as follows: 1. WORK STATEMENT SUBDIVIDER TO CONSTRUCT IMPROVEMENTS SUBDIVIDER agrees that it will, within two (2 ) years from the date above first written, complete to CITY'S satisfaction unfulfilled conditions of the map and that all works of construction and improvement shall be finally offered to and accepted by CITY. I� 2. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY All improvements will be constructed in accordance with !� the CITY'S plans, specifications and requir-oments applicable to similar work usually performed under contract to CITY and which are in effect at the time of their construction. 3 . INSPECTION CITY shall control work in all public job sites and t' dedicated areas. CITY may inspect the construction of improve- sents at all reasonable times. CITY will cooperate with . I SUBDIVIDER to provide access to CITY owned utilities and allow all ` 1 necessary encroachments to public or CITY owned property, a. provided, however, that the entire cost thereof shall be borne by �. SUBDIVIDER. 4. WARRANTY All improvements shall be fully and absolutely warranted by SUBDIVIDER an to materials and wo_!:=:..zhip Xor one (1 ) year after the date of acceptance by CITY. i i 2 - t r 5. GENERAL PUBLIC LIABILITY INSURANCE I SUBDIVIDER Will maintain in force during the construction period and until CITY'S final acceptance of the work at SUDDIVIDER'S sole expense, a general public liability policy in which CITY is an additional named insured. Such policy shall insure CITY, its officers and employees Against any and all loss, damage or expense by reason of any suits, claims, demands, judg- ments and causes of action arising out of or in consequence of SUBDIVIUER'S performance of the agreement, except where such loss, damage or expense is caused solely by a wrongful rct of CITY'S officers or employees i►s connection with the general supervision or direction of the work to be performe.i under this agreement. The policy shall provide for not less than the following amounts: Combined single limit bodily injury and/or property damage including products liability: f300,00n combined single limit per occurrence. Such policy shall provide coverage at least as brt,ad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriter,, together with such endorsements as are required to cover the risks involved. 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. 3 - a T Evidence of such insurance shall be furnished to CITY on the CITY'S -.orm and shall he approved by the City Attorney. Any such policy must contain a provision of written notice to the 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. 6. WORKERS' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, and shall indemnify, defend and hs;ld 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 CIT1, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by SUBDIVIDER under this agreement, and shall provide to CITY evidence ,f workers' Compensation Insurance or Relf-insurance satisfactory to the City Attorney on CITY'S form if required. 7. LIABILITY FOR WORK in addition to the covenant to hold and save harmless and to provide insurance, the parties agree that neither the CITY nor any officer or employee thereof shall be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this contract prior to the completion and acceptcnce of the same by CITY, nor shall CITY or any officer or employee ' i f } } I 4 - fI thereof be liable for any person or property injured by reason of the nature of said work, but all of said liabilities shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to protect and defend CITY and the officerL thereof from all liability or claim becau,io of, ur arising out of, the use of any patent or unpatented article in the construction of said work. a. PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until CITY'S final acceptance of the works of improvement give good and adequate warning to the traveling public of each and every dangerous condition within said streets and highways or any of them within the subdivision, and will protect the travelling public from such idefective or dangerous conditions. It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said streets and highways not accepted as improved shall be under the excl.us1vt control of SUBDIVIDER for the purpose of this contract. With the consent of the City Engineer, SUBDIVIDER may close all or a portion of any street whenever it is necessary to protect the travelling public during I the making of the improvements herein agreed to be wade. SUBDI- VIDER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer. 9. INDEMNIFICATION, COVENANT TO SAVE AND SOLD BARNLESS SUBDIVIDER shall fully indemnify and save and hold harm- less CITY, its officers, agents and empl;yees from any and all 5 .. liability, losses and costs imposed for injury occurring by reason of anything done or omitted to be done by SUBDIVIDER in perfor- mance cf this agreement and in construction of the improvements regardless of any active or passive negligence of CITY, except when such error or omission is solely the fault of the CITY, its officers, agents or employees, and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of its performanceof this agreement against CITY, itz officers, agents or employees. 10. ATTORNEY'S PER In the event suit iu brought by CITY to enforce the terms and provisions of thin agreement or any bond given to secure the performance hereof, a reasonable attorney' s tee, to be fixed by the court, shall be paid by SUBDIVIDER in CITY'S favor. 11, ORNERAL STREL'T CONS-`;:jCTION SUBDIVIDER agrees to perform the following work: 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, domestic water systems, water mains* lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in Chapter 99 of CITY'S ordinance code. Such work which shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the 6 office of the city Engineer and which are in effect when the work In to be performed and all of which work shall be done at the sole cost and expense of SUBDIVIDER, and all labor and material bills shall be paid. SUBDIVIDER agrees to complete all public street improve- ments, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract. 12, IMPROVEMENT SECURITY Upon execution hereof SUBDIVIDER will deliver to CITY bonds or other approved forms of improvement security, which security is given to CITY to insure faithful Performance of this agreement . At any time, CITY, at its sole option, may require any surety to enter upon the job site and complete the improvement f project, or the CITY may, at its sole option, invade any deposit l given it or utilize any other form of security deposited or made ? •V r available to it to commence and/or complete the project. All ' bonds and other forms of deposit shall be approved by the City i' (REST OF PAGE NOT USED) ' i I . 7 _ i I STATE OF C11.IF0RN1A ) . COIRM OF ORANGE ? ss• ` On this /S� day of y ►r , 19*by ,_,_,, before me, w a Notary Public in and for said County and State, personally appeared known to me to be the Mayor and 4,Aj j oA �jauFy�aRth , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the Within inatrument, known to me to be the persona who executed the within in- strument on behalf of said municipal corporation and acknowledged to we that such municipal corporation executed the same. OFFICIAL SEAL CON' ;E A. VOCK\M 4 ``�' Faffta Its C7. G C;FICE ( „t.� _ . • A1:rE COarlF1' 16r'L�T� MY MAMISSION vXIu5 0a 10 I985 s+r I I 1 � x ;M STATE nF CALIFOHNIA COUNTY OF Los Anse l es On Aug u.st._3,._1.%8.4 _ (>-fort me,the undrrs,gned,a Notary Public in and for said State,personally appeared Joseph W. -Noble-and Barabra_Noble..__.__._.-__..___—__ _ to one to be the person(s)whose name(s) subscribed to the within Instrument and acknowledged that __ they—_...� 41 . . WITNESS my hand anti official seal. OFFICIAL SEALISeau ; c; ;. RUi'H A. CRUzNOTARY PUBLIC-CALIFOP.NIA l;c't S; nature) LOS ANGELES COUNTY g ��_•v" My ComT%n Eip4m,45.13,19E5 aziloa 6-80• 2S es individual Notarial Acknomedgment 4'7 .7 i Attorney Prior to their acceptance by CITY. SUBDIVIDER may, during the term of this agreement, substitute improvement security provided that the substituted security in acceptable to the City Attorney. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers 1 the day, month and year first above written. SUBDIVIDER: CITY F UNTINGTON BEA , k tunici rpo at Jo ep W. Noble May r j .1 Barbara Noble I ATT T: . APPROVED AS TO FORM: itty ClerK City Attorney • REVIEWED AND APPR VED: I _ATED ANDiiRO ED: %ic.y Administrator Director, Public Works TE:1mf 7/30/84 8 - I t 10/10/84 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I40 AKkffB UPON THE CERTIFICATE HOLDER.TM CEATKVATE DOES NOT AMEND, SPIRO & SPIRO INSURANCE EXTEND OR ALTER TAE COVERAGE AFFORDED BY TIC POUCX3 BELOW. 6151 W. Century Blvd. #1006 COMPANIES AFFORDING COVE RAGE Los Angeles, CA 90045 COMPANY A LETTER HARTFORD CASUALTY C%IPANY COMPANY LETTE "MEPH W. & BARBARA NOBLE DBA: J.B. & G ENTERPRISES CLETTPEHrY C 5400 The Toledo #701 Long Beach, CA 90803 FAIN'' D CGUPANY LETTER r THIS IS TO CERTIFY THAT POUQES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER.'0000ICATED. NOTW"MANOMYO ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT On OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND COIDI- TIONS OF SUCH POLICIES. CO TYPE OF INSUI-WICE POLICY NUMBEII ItARY EiFiC1%1 artic,ET3q#p IN THOUSANDS GUTE AXA7,n) C++TL,LLx I AO8RE4Al E nomy OENERAL LLABIUTTA � 72UECKH5278 07/16/84 07/16/85 UIIDEAOgOl11+1 n $ $ LW"i COLUiPSE HAZARD LWP�E—R KWUMULIFLETED OPERAT06 CowfO'TUAL N+OE couspico $ 300 300 fKfHT OWFLICTORS LK10 FORM PROPERTY OAWZE PEFGY ,1•RJURY PERSONAL.INJURY $ AUTOMOBILE LIABILITY amANY AUTO Ffi P-7UA ALL O ,10 AUTOG{{(PFVV..PASS) My ALL DAW AUTOS 1 PIMA APASS 11 �n HFIEO AUTW'. NONOANED AUTOS DAMAGE � GtiRAGE t1AB LTTY O S EXCESS LIABILITY UM SFELLA FORM Maci�.1IND $ OTHER THAN LW FELLA FOAM wonKERS'COIRENSATION 1a-rAIUTonY AND S (EACH Aocrofx0 cMpT.orERs•LLLBM.TTY . . ... ;: ;11,01 1 MISEASE-foLICY UUT) is f: 7 r:i $ PtSEASE-f"EIRLOYEE) OTHER DESCRLPTTON OF OPERAT;ONSdLOCATIONSNEHICLE55PECLAL ITEMS Attorno SHOULD ANY OF THE ABOVE MCRIUM POLICIES 9E CANCELLED BEFORE THE EX- CITY OF HUNTINGTON BEACH PIRATIOM DATE TH THE ISSUIPO COMPANY WILL EN9E*VQq•.*0 M- 1 P.O. Box 711 "" U ° TIC~To CV ffr../►rE HOLDER NAMED To THE LEFT Huntington Beach, CA 92648 , AUTHOR• F ! /. E ���, ! {� ♦ 8-13-84 Pp4)DuCERTHIS CERTIFICATE IS ISSUED AS A LIATTEA OF INFORMATION ONLY AND CONFERS .T. J. SPELI.t'L%N & ASSOCIATES NO RIGHTS UPON THE CERTIFICATE HOLOER.THIS CERTIFICATE DOES NOT AMEND, EXTrw OR ALTER THC COVERAGE AFFORDED BY THE POLICIES SC-tCW. P.O. SOX 1410 HUNTINGTON BEACH, CA. 92647 COMPANIES AFFORDING COVERAGE CL O"A" A LETTER INDUSTRIAL INDEMNITY COMPANY _ COMPANY rs YE DOCa ASTER I INC. CC*..PA?iY 17632 METZLER lAN7E LErTEFI C HJNTINGTON BEACH, CA. 92649 COMPAN-Y D LETTER CO"PA" E LLrTER f r TM 19 TO CERTIFY THAT PPAICtES OFLNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOOINDICATED. 140TWFTHSTANDM ANY REGUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENr wrrH RESPECT TO WHICH TH*CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THC INSURANCE AFFORDED BY T14E PoucirS DCScmurD MERLIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO T .[�I��tt'.i P.1Cti L&Fwlth LIABiLJTY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER [ WSDi�l CA'[NUMAY11 � A5GAEWL XM N .�._� OEIWJtAL LIANLFTY Booty COIAP' )ILI&A FDW OM41Y $ $ PREMLSESVtRAT101S PnoKnrY UNMFCFKIArD D AWV E $ $ f,mOilm A=OLLhPSE H12AF+0 PFMCTStOWPLEIED OPER4TKY6 IN po COUTRACTUAL cco�uc a $ $ NXPEVhl COhTI tons SFXM eOF W PFrjK TTY OAA&U FIFI;i AL PLU Y PERSCNIAL INJURY $ AUTOMOWA UABKJTY RtA r,Iv, $ AhY AUTD i•A r&L(A) ALL 00AD AUTOS JMV PASS) flt0 ILL mv"dD f UTOS(01'RNRP4SS i l �'� �% itr A�71,', lifia AUTOS CMAAf E $ hriYOWt�D AL705 1 C Gk%uz LmrTY IN A PD CovrsNED $ OCE s LIANLI*Y t3 j� UwBIii:LL1A row DarmtY C tY Attory 5 �ruD S 3 OTIICA THAN O&KILA FM WOWXM'COMPEH13ATION STAtUTORY AM $7D (IAC.1 ACZXI IRA A EMPLOYM,LIAc%&aY WP 851-7784 3/9184 379185 MaW4XILYLIMIT) $ (Tk';EA,SEFACHENITIOYEE) OTHER DESCRIPTION OF OPERAT)Ot4SIOCATODNSVEii CLESSPECIAL i,EMS f r M f J.B.D. ENTERPRISES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED THE EX. JOS. W. NOBLE & BAR&1Ril NOBLE PIRATIDU FI DATE THEREOF. THE ISSUING COMPANY WILL N* 54Q0 TILE TOLEDO MAILLEFT_s --DAY'S WRITTEN NOTICE TO THE CERTFF=TE HOLDER NAMED TO TFIE LONG BEACH, CA. 90803 A Oa' D PESENT T E r• � Oil' «t •rr r .Tom, it ItI:CIIItNTO: CERTIFICATE OF INSURANCE ApptovedastoForms City of Iuntington Ileach TO Gail Hutton,City Attorney + iits. & Bell.Of rice CITY OF HUNTINGTON REACH, CALIFORNIA Gr P.U.flox 190 0yt �f,�,�/ Huntington!leach,CA 92648 A MUNICIPAL CORPORATION ffj"�`�CC j This is to certify that the policies of Insurance at described below have been issued to the intured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the Insurance company*grata to give 10 days prior written notice, by mail,to City of Huntington Beacir,P.0.Box 711,Huntington Beach,California 02548.ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANI3E IN THIS FORM SHALL BE SIGNED AND DATED BY AN t AUTHORiZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST HE APPROVED IN INH)TING BY THE CITY ATTORNEY. Name of Insured Joseph W. & Barbara Noble dba JB & D ENTERPRISES Address of Insured 5400 The Toledo 4701, Long Beach, CA 90803 Location of Work or Operations to be performed 16280 Pacific Coast highway, fluntin2ton Beach,CA Description of Work or Operations Subdivision Improvements Tr. 10557 • LIMITS OF LIABILITY NAME OF COMPANY i POLICIEB IN FORCE POLICY NO. Effective Expiration In Thouaettds 1000) (INSd GENERAL LIABILITY ( ) COMPREHENSIVE FORM :— CSL ( ) PREMISES—OPERATIONS Each ut c4tance i l EXPLOSION AND COLLAPSE HAZARD ( 1 UNDERGROUND HAZARD ( I PRODUCTS COMPLETED OPERATIONS HAZARD ( 1 CONTRACTUAL INSURANCE ( I BROAD FORM G��,�l t PROPERTY DAMAGE ,� I I INDEPENDENT CONTRACTORS 15� I I PERSONAL INJURY S AUTOMOBILE LIABILITY I i COMPREHENSIVE FORM i 1 OWNSO SEach Occurance CSL 1 i HIRED i i NON-OWNED EXCESS LIABILITY I 1 UMBRELLA FORM : I I OTHER THAN JMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS'LIABILITY Additionsl Insured Endorsement: The Insurer agrees that the City of Huntington Beach and Its City Council, and/or all City Council appointed groups,committees, commissions, boards and any other City Council appointed body,and/or elective and tlppotntive officers,servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any Insurance of the City of Hustington Bearh,as their Interest may appear. Data .. AUTHORIZED REPRE6ENTA.IVE OF INSURANC15 COMPANY INSURANCE CO-A-WANY By Neaw Addrna _ Address City — City 7912 one HOLD HARMLESS AGREEMENT Corporation Ito be executed by iniured) The Insured • ,agrees to protect,defend, Indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and empl:ytts against any liability, loss,damage,cost, or expen_t by reason of any and all liability,suits, claims, demands, judgments and autet of action caused by insured,his OMDIOy.es,agents or any sulscontractor or by any third party arising out of or in consequence of the performance of ail any ops No or activity for which this certificate of Inlurentt is furnished. •(1)Sala Proprietorship (Y)Partnersh ( C t (4) Other It t f HOLD HARMLESS SIGNED- By Insured: IAiI n6"Na shell be printed or typed +f below each aig/wtun.) ay Insured: ^t ilia 'i 'G It Corporation,Trio 01tieett 1Lst sign,or prnent evidence of suthorisation to bind Carporetion. i i 1 I S.F. FORM FORM I99•EZ } � (Mor. 1937j �0. ENDORSEMENT DATED ATTACK[:L,TO POLICY No. NAM[Of Ih{URAhC{COMPANY AMC►OE MIND (` 10/10/84 PA- . 72UECK115278 HARTFORD CASUALTY INSURANCE COMPANY 1 It•Y[O 10 1111 J.11.& D. ENTERPRISES 5400 THE TOLEDO 9701 LONG BEACH, CA 90803 � IIhIYTEp'{MAMi{ MAIL14p ApORt t[1 A{{wcrAr ..._..�_-•----- - ION■ �- -- LDS ANGELES _ _ '�� _ _...+� AGENT ez"- � r COMM[NC[MCNT Of POLICY KxPIA TI •4f►O:.ICr [f/ACTIN[LAY[Of TKI{[NOOhKM{NT 07/16/84 07/16/85 10j10/84 AMOUNT or.M[UwANC[ I[RIL{ OlD RAT[ NEW MATE AhtIITIONAL PREMIUM Y /tTu_11_N P[2MIUVI ri)z �— rrL I I IT IS FIFRFBY UNDERSTOOD AND AGRF:I:D THAT THE: o c a q �' .Q Q• k Jrr ti.♦ f y� IS CORRECTED OF CHANGED TO READ AS FOLLOWS JOSEPH N. & BARBARA NOBLE DBA: J.B.&D. ENTERPRISES ADDITIONAL INSURED IS ADDED TO THE CAPTIONED POLICY. ADDITIONAL INSURED CITY OF HUNTINGTON BEACH 1 ' 1 11 f •Content by...... .. .. ..... InlurrC . I {Cotlsent by.. . . ...........art f.Iff .i[rr. nr 'A.....'. ... .. � h 1rr 1 'Not required unless policy is reduced or restricted by this endorsement. .t a 0 j NOTICE OF COMPLV-SCE WITH CONDITIONS ON TRACT AUTHORIZATION I.OR RELEASE FOR RECORDING I, 1 I TO: City Clerk Date VP FROM: PLANNING DEPA'..TMENT James W. Pali -I TRACT NO. I � ��- �r►r t RECREATION & PARKS FEES IAID M,- L-A :�d V A-AM AL..% (Signilturey ,t�,r71.s#+�" '+�IIriS+Mriflw:7.+.'Iw.A�+r3�• ERd1D -Y 7 1 li A NOTICE aftOMPLETION WITH CONDITIONS 44 TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING T0: CITY CLERY DATE : FROM: PUBLIC WORKS DEPARTMENT j Bruce Crosby TRACT 140. l�S��,I_ DEVELOPER CONDITIONS: Deposit of fees for water, sewer, , , , drainage, engineering and inspection Bond for Improvement . . , , . , , . , . Signature of Agreement Certificate of Insurance , , , , . , . , flond for Mrnumrr► t . . . . . . . . . . . . l 1 i i ,t ! It11nd . . . . . . . . . i Signature 77 t ' I I I ._ ...max• .. ,......... -- -raw tad 51 l Subdivision Baud—California 's{ 3SM 574 02000 i Faithful Performance—Public Work p�I1N�'4 $240'.'00 ... ' Ail MOTORISTS INSURANCE, COMPANY Kl MAEIt l..?TROVFD AS TO FORM: t`• ry l':??L MUTTON, City Attorne, hriid.nr It�.�d.n I r,.►rn..•.tN'UU.'.r bir.�t••• lllieroi•l,nhl4i, t1uty City Attorney 'i { —WHOU; All tiir" by 0hror Vrrt;rli111: That . .101SEP11 W. -NOBLE, & BARBARA NOB-IL � as I rinripal, and the Anterican Jlotorir+ts, Insurance Contlrany, I ' I a corporation organized and existing under the laws, of the State of Illinois, a•nI aulhori:cd to transact onrrty � I ' busittesr in the State of California, ds Surety, are held and firmly bound unto......GZx1�..0 ....OUCIS........................... .......................in the sum of......��I+V.EY..TF.iQUS�?7D ,;��NE.H.U'VDl1EtJ,,SEVIy;dTY-F �.Y.E 1 ro (S....'1..97.5...0.0 ..... .) for the payment whereof, well sad truly too be made, raid Principal and Surety hint] thcutaelve3, their heirs, i Administrators, successors, And ass,igns,jointly ant] severalh•, firmly by these presents. The condition of the foregoing Obligation is such that, whereas the abuve•Luuuaen Principal pa fins, entered into a contract, dated............... ......................................... 19...... ., with file.............. CITY..Q>"..I•�.tiv��.N..G.T..o'�......... 8FA.CY.............................................. ... ......to 'to and perform the following work. to-wit! *GUAMUITEE PAYMENT OF PARKS AND RECRATION FEES PRIOR TO THE FINAL I`ISPECTION OF THE FIRST UNIT IN THE FIRST PA,tir1SE OF DEVELOP'.ENT. I Z\ONV, TIIF.REFURE, if tilt+ Prin,•ir,al Rhall %,•If aml truly Perform the work contracted f ' to Lc lrcrformed under said contract then thin r< lrlrratturt shall br void, othera•iec to re:ltattt iu full force and effect. SIGNED and SEALED thi.......9.th...day of..........=..Ol}Flt........... 9 .. . . . ...................................(Seal) JOSE+PI u�✓ ..........,,i..,....].OIlLE................................................ iM BARB fi08L1"s .. .vl ...................... P rirrCl.. .. I et ' :1111;Ii�:1'i . TUR]STS INSURANCE CQ1tI'A1�' r r�• ••c. �. 1' R. C. P•1R1: ...................... ....... ...Alto........ ............ t rncyin•r act ►R.Nrcb 14 Us• i ,Aid MICAN MOTORISTS ttt�VKwtvx. Home Office: Long Grove, IL 6t30r"'-1 • - GROW � POWER OF ATTORNEY �.....1 Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint •e•••p• Stephen C. Kolb, Marie L. J'ilek, R. G. Park and Mary M. Sullivan of Los Angeles, California its true and lawful agent(s) and attorney(syin•fact, to make, execute, seal, and deliver during the {period begin• nine with the date of issuance of this power and ending December 31, 1,984, unless sooner revoked for and on Its behalf as surely, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLA,P.S i EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or teller of credit. A This authority does not permit the same obligation to be split into two or more bonds in order to bring each I, such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and arnply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1984 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a truc• and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: i -VOTED. Thal the President ur any Vice Presideill ur Setrelmv tit .mv Asswanl Secretary shill have poser anti aulhorily to ap- punit agents and atlorneys lit Irtt, and to dulhutile Ihem Ito e%etule on beh.Ill of the cumpanv, and attach the seal ill the tornpim Iherelo, bonds and undertakitims. ►etugniz.inces. coww(fs ill Indvitmity anti other ttrilings obligatory rn the na'ure thereof. and any such officer of the compdns m.ts .1111101111 .Iwenl, till lVttI)tantt- of ptucei+." This Power of Attorney is signed, scaled and certified by facsimile under and by authority of Ilse following resolution adopted by the hoard of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: i "VOTED, That the signature of the Presidenl, ins- Vote President, Secrelaq ur Aststanl Se(relity, and the Seal of the Com• pane, anti the Certificatiun by any Setrelars of Assisl.ml Setrei.m. mat bt. alli*et1 bt Iacsinlile on any power of attorney etetu led pursuant to resolution adopted in the llo.ud ill mit•tturs till .eta► 16, 1961, and am such power io executed, sealed and certitied with respect lu any bond •jr underlatiing lu which it is dllached. shall con,mue to be valid and binding upun the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 4th day of May Attested and Certi led: AMERICAN MOTORISTS INSURANCE COMPANY R.N.Johnson,Secreury G.H.Kasbohm,Vice President STATE OF ILLINOIS COUNTY OFCOOK)~ !, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregning Instrument, appeared before me this day in person and severally acknowledged that they being !hereunto duly authorized signed, sealed with :he corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses.Td purposes therein set forth, ai L r . , My commission expires:May 5, 1986 Genevieve B.I1uH, Notary Public r.,esr.; d82 Ixe PRINTED IN U.S.A. ..r CEPIFICATION w� 1, Sven L. Johanson, Secretary of, 'American Motorists Insurance Cump,1 �du hereby certify that the attached lP8 treofilitofrl�ye)tle Ad _ ._ on behalf of_St.irpht:a_ oLb- Mary M. Sullivan of Los Angeles; CA (EACH) is a true and co r rect copy and that the same has been in full force and effect since the date thereof and is in full forces and effect on the dale of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the Power of Attotney as Vice President and Secretary respectively were on the date of the execution of the attached Power of • !'orney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the American Motorists insurance Company on this_ 9th dal of OCTOBER Seen L.Johanson. Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY,CALL(312) 540.2000,CONTRACT BOND DEPARTMENT; OR WRITE,CONTRACT BOND DEPARTMENT, KEMPER CROUP, LONG GROVE, ILLI`tOIS, 60049. i . . .,� 1C.:•..,w ..::•A♦r*Y.1F,Y•#*i iF 9i iF•1F W iF:r� 1.71 r �, i �tFK : •. f #•YM4:i>rw.r.r.grtM7'# viY'+({> M•R•.. wit�li` !F�♦i.i. I CITY OF HiL NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 4 1984 ' I Oct { Phelps, Morris & Associates I 666 E. Ocean #2204 Long Beach, CA 90802 1 Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, October 1, 1984, approved the Subdivision Agreement for Tract No. 10557. We are enclosing herewith a duly Executed copy for your files. y Alicia M. Wentworth City Clerk AMW:cb d I enc. I, I I Tslsphons:714.536.52271 s I I A. TH LAND COMMONWEAL TITLE INSURANCE COMPANY A Reliance Group Holdings Company 886 NOf#TH MAIN STREET,SANTA ANA, CA 92702 (714)835.8511 October 9, 1984 Alicia Wentworth City Clerk City of Huntington Beach 2oaa Hain Huntington Beach, Ca RE: Tentative Tract No. 1050' Dear Me. Wentworth: We hereby acknowledge receipt of tract map 105117 which has not been signed on behalf of the City of Huntington Beach. We will submit the map to the County of Oresiga for tax bond acceptance and return the asap to you For signature. iS cerely, j Paul Carlisle Corporate Sales Manager PC:ds i TITLE INSURANCE SINGE 1E78 REQUEST FOR CITY COUNCIL. ACTION f /L) 3- OV Date September 84 ! �✓ u r/ Honorable Mayor and City Council G Submitted to: O! Charles W. Thompson, City Adminis ,' Submitted by: F�f: Prepared by: James W. Palin, Director, Devel pme t ices Paul Cook, Director, Public Wor Subject: FINAL TRACT NO. 10557, LOCATED ON N SIDE OF PACIFIC COAST HIGHWAY APPROXIMATE 0 FEET NORTHWESTERLY OF ANDERSON STREET __.. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attacfim9nts. STATEMENT OF ISSUE: The ..nal map of Tract No. 10557 being all of Tentative Tract No. 10357, has been submitted to the City Council for approval. RECOMMENDATIONS: i 1. Approve the map pursuant to the required findings set forth {, in Section 66458 of the Government Code. fI� 2. Approve the map subject to the finding that the map is in {� substantial compliance with the previously approved tentative map pursuant to the mandatory findings established 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. Deposit of fees for water, sewer, drainage, engineering and inspections,- b. Certificate of Insurance; c. Subdivision Agreement; d. Park and recreation fees shall be paid prior to the recordation of the final map; e. The final map shall be recorded prig to the expiration c£ Tentative Tract No. 10557 on February 18, 1985. PIO 4/91 i 5. It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement and instruct the City Clerk to file them with the City Treasurer: a. Guaranty and Warranty Bond tic. 3SM57250900; b. Monument Bond No. 3SM57250800; c. Labor and Material Bond No. 3SM57250700; d. faithful Performance Bond No. 3SM57250700. 6. It is further recommended that the City Council accept tl,,� Subdivision Agreements and instruct, the City Clerk to file one copy and return the second to the subdivider. All of the bands have been approved for amount by the Department of Public. Works and as to form by the City Attorney' s office. ANALYSIS: SUBDIVIDER: Phelps, Morris & Associates 666 East Ocean #2204 Long Beach, CA 90802 ENGINEER: Joseph M. Phelps 5735 Corso di Napoli Tong Beach, CA 90B02 LOCATION: North side of Pacific Coast Highway approximately 1500 feet northwesterly of Anderson Street. f ACREAGE: 0.749 LOTS: 5 lots and "A" ZONE: (0) R2; Qualified Medium Density Residential. GENERAL PLAN: Medium !.►ensity Residential/Visitor Serving. DISCUSSION: The mao 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. ENVIRONMENTAL STATUS: Negative Declaration No. 78-109 was approved by the City Council on March 19, 1979. t I ' (1181a) -2- RCA, 9-20-84 1 M: ATTACHMENTS s 1. Area Map CWT:JWP s RLF:a jh • i 1 I I I; I' i u (1181d) -3- RCA, 9-20-84 -T .ate o 1 f ; . IlA1M,tf 1.Mr�1 i