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HomeMy WebLinkAboutTract 13821 &13527 - Pacific Coast Homes (Peninsula 1 Partne FECALCITY OF HUNTINGTON BEACH 2000 MAIN STREET IFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE �C 01J2lQ1 / / d TO /f C�/`/C_ T eS ATTENTION "I&S &ztl�h22(il Name C' 0 �X 5 af�A D ��D/9�DGt�fi' Y rJi/� /D C� DEPARTMENT REGARDING City State Zip See Attached Action Agenda Item 4— — 7 Date of Approval zdA/i, Enclosed For Your Records Is An Executed Cop) Of The Above Referenced Item For Your Records Connie Brockway City Clerk Attachments Action Agenda Page Agreement Bonds V/ Insurance RCA Deed Other Remarks CC 1,5 lev /�pW ,� LLS /�C�E/1loA Narpg��C� Department RCA Aoreement Insurance Other N=e Department RC A reement Insurance Ot ,wxi � Tt On/ Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G Follo«up/abrmts/transltr (Telephone 714 536 5227) (7) 10/05/98 - Council/Aincy Agenda - Page 7 E 6 (City Council)Approve And Adopt Landscape License Agreement Between City And J T Development Company—Tentative Tract No 14352)(R)And Conditional Use Permit No 90 39R (Plaza Almeria) (600 10)—Approve and authorize the Mayor and City Council to execute the License Agreement By And Between The City Of Huntington Beach And J T Development Co LLC To Provide Landscaping And Other Improvements In The Public-Right-Of Way and authorize the City Clerk to record the Agreement with the Orange County Recorder Submitted by the Public Works Director [Approved 5-0-2 (Sullivan, Garofalo out of room)] E 7 (City Council) Approve The Release Of Securities For Tract Nos 13821 & 13527 And Accept The Public Improvements — Pacific Coast Homes (Peninsula I Partners)—e/s Se_apoint Avenue, s/o Garfield Avenue (420 60)— 1 Accept the improvements constructed and dedicated for public use within Tract No 13821 & 13527 and 2 Release Faithful Performance/Labor& Material Bond No 111 32540003 and Monument Bond No 111- 32539997 pursuant to California Government Code Section 66466 7(b) and 3 Accept Guarantee and Warranty Bond No SCR 111 3254 0003 (The American Insurance Company) the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to notify the developer Pacific Coast Homes of this action and the City Treasurer to notify the bonding company The American Insurance Company of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached)with the Orange County Recorder Submitted by the Public Works Director [Approved 5-0-2 (Sullivan, Garofalo out of room)] E-8 (City Council)Approve Professional Services Contract With Info Sys Business Solutions —Maintenance For Accounts Payable/Receivable & Payroll Programs (600 10) — 1 Approve and authorize the Mayor and City Clerk to execute a contract with Info Sys Business Solutions for supplying contract personnel to perform software maintenance on the City s Accounts Payable Accounts Receivable and Payroll programs Professional Services Contract Between The City Of Huntington Beach And Info Sys Business Solutions For Computer Programming Services And Services Upkeep Regarding The City s Payroll And Accounts Payable And Receivable Systems 2 Authorize the transfer and expenditure of existing salary and benefits funds to a contract services account Submitted by the Fire Chief [Approved 5-0-2 (Sullivan, Garofalo out of room)] E 9 (City Council) Adopt Resolution No 98 75—Approves Amendment To City s Classification Plan —Adds Classifications Of Transportation Manager And Treasury/Cash Manager— Deletes Classification Of Traffic Engineer (700 10)—Adopt Resolution No 98 75— A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding New Classifications Entitled Transportation Manager and Treasury/Cash Manager and Deleting the Classification of Traffic Engineer adding two (2) new classifications and deleting one (1) classification as follows Additions Transportation Manager(R 560) and Treasury/Cash Manager Deletion Traffic Engineer Submitted by the Deputy City Administrator Administrative Services [Approved 5-0-2 (Sullivan, Garofalo out of room)] 0TY OF HUNTINGTON BEACP ?/98 �asay MEETING DATE October 5, 1998 DEPARTMENT ID N ER PW98-075 Council/Agency Meeting Held ZD D Deferred/Continued to M Approved ❑ Con itionally A roved ❑ Denied �E�rJ7Y6. ity Clerk s Signature .� Council Meeting Date October 5 1998 Department ID Number PW98-075 _w CITY OF HUNTINGTON BEACH U �{ REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator��� r-) PREPARED BY ROBERT BEARDSLEY Director of Public Work6 (` .7U Ang SUBJECT fil Approve the Release of Securities for Tract Nos 13821/13527 and Accept the Public Improvements Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment s) Statement of Issue Pacific Coast Homes the developer of Tract Nos 13821 and 13527 (both tracts share the same bonds) located on the east side of Seapoint Avenue south of Garfield Avenue have completed all required public improvements and are requesting a release pursuant to the provisions of the Subdivision Map Act Funding Source Not Applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use within Tract No 13821/13527 and 2 Release Faithful Performance/Labor & Material Bond No 111-32540003 and Monument Bond No 111-32539997 pursuant to California Government Code Section 66466 7(b) and 3 Accept Guarantee and Warranty Bond No SCR 111 3254 0003 the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to notify the developer Pacific Coast Homes of this action and the City Treasurer to notify the bonding company The American Insurance Company of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder 13821 RCA DOC 2 09/14/98 8 24 AM 1 ROQUEST FOR COUNCIL ACTIR MEETING DATE October 5, 1998 DEPARTMENT ID NUMBER PW98-075 Alternative Action(s) Deny the recommended action Analysis On November 7 1988 the City Council approved Final Map No 13821/13527 and accepted bonds the securities furnished for faithful performance labor and material and monuments The developer has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 7(a) Public improvements constructed consist of the domestic water system and appurtenances The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements California Government Code Section 66466 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The developer has provided Guarantee and Warranty Bond No SCR 111 3254 0003 as security Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268(b) Attachment(s) NumberCity Clerk's Page 1 Location Map 2 Guarantee and Warranty Bond No SCR 111 3254 0003 3 Acceptance of Public Improvements Form RCA Author Bruce Crosby 13821 RCA DOC 3 09/14/98 8 24 AM ATTACHMENT 1 DM 3L SECTIONAL DISTRICT MAP CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP �'D GARFIELD n AVENUE ul w N �1 ✓f r'y �f \ ti ,{. � r O ATTACHMENT 2 • 0 1 will release Faithful Performance/Labor & Material Bond No 111 32540003 and Monument Bond No 111-32539997 1 have received Guarantee and Warranty Bond No SCR 111 3254 0003 —The American Insurance Company for Tracts 13821 and 13527 Pacific Coast Homes Re Acceptance of Public Improvements — E-7 October 5 1998 Dated By e 04/lo/9- 10 39 V31039 6572 j002 MARA IEE AID WAFHbV,Tv�� and d* dtwbu2=ntaS c C zs-qj-�7 c n xr�ft�u Jrt7 SE 7r N FfiJNDFLJ DOLLARS cf 67c€:Jw.n J e't"'dffitabablum5epfr and ob er,t-,UTchEdcEi----ta-77:t-- - w hfd cusd' t mW t OfQIr WT;E7mmdm5 c ✓m tt' - _---,d --a_' c3y y1,C--E4S,the S2;d �'z Sv %rwr,t dmafDGn as,Tff-,Ts 1,t�s-�A. S,�*��t�sv�-��tste�'�-rr���'�..."�s i•4 `"cam,. c,� �.pR4 titiiS H.a LG�+ �ii ww�:.++t7 y�l=Ll. �r b j [ �y`$s?QJ3g&e Safi kjr Mat-- j r -=d-=: veb�Q1e � �pQ.s�c>+t7�atiac d 3� �' d a�rsre � nnARC� 11t ri ��97 �=,S A �`CI�I�(�R� � 3I U C--`=,SL`--, t L r A CAT " E;N-j-li ^wIY.�'',�•? vat```'FC���r :' �itiAl, ��L�h By- `= A-N - •��JSL��� Lp� �1 'iY r- 1 Ty r DI� -�Z- tea �3i z7 04 lb 97 10 39 V310 394 b372 tRB�\ ::St y ou GFNF.Ft.+,.J, POWER OF ATTORNEY KNOW ALL NMN BY THESE PRFS�T5 Teat THE-4tif--FICAN COW, _`f Cc,zr-'on 11'autxtr-1eo under the IAwS of he Set o r cw Jcney on February 20 1846 `d rcdorzesacated to the Sze.-o('Icb= oc u�c I I z -Lk'"d-w"L;:1 a rice u;tb-City of OmaL2L St-1- C Nebrzs" has r:ade const=cd and�ppoirzcd and does t y these prrcats cr=kc u rr-aaa ,of --LYLE L 5A!Z-r4------ at traeand Izwful Artomey(s)-in Faa with full powcaud auL cmy 6 -cby eczfar--z-its i. t.o=-,cute,sal aalm»awirdgcand ddzvc� and ail bends tiaderrjiatig reao6aizi..as or other wncten ob�iior3 to the aatta-,h`-� _� -- seal to bind the Corporation ther-bv as fully and to the=ear i as u su-n-n bons- bh=-�,�d =I,d with th-corpozalz s=t of Lh- Coiporaaoa snd dr ly attes'ed by is Sa--aay ha ebv ratif yLog and cvaIIrm rg aU tax the-- o J(s}.n F.ct=ay do in the pre== This power o f anora•y is Seamed pu.-riant to Arucie VII Secor-43 and 46 o INSURANCE COM?AIvY now in full fo^ce a n- cffoct_ "Artlde vO ADDolarmrairad AsGSonrYof Resfdrat Seaxtarre5 .lrlorcr�ra u7 anr11����to a t 3 s I Procr�sFad h7tt5 eAPP� Secboo 4S ADDoratmra" ne Chaamaa of the Board of Directors,Me Prz: a L serf s_ L-dc=or any other perwo aatbodzed by The Bard of Directors the Chairman of the Board of Directors,the P ve 3dczzl or =,rj from t--uc to ame appoccil Rmdeat,isu . Secremnes sun Attwraeysdn Fact to represmt and act forand on bchatf of We Corporatioa and to aft Sc,sl pro<=and mart appearauccs far acid on beh3L or the Corporation_ Section 46 Authonfg.the autbonty of such Fm3d®t Amstsmd Sccr=tnrxn warmer m n rcr_ud Apt,shall he aS presented rn the msb-umrat ev1d==g tbnrappoinun t Any such appointmeat and all authority g-zWedtberebyta27bcrrroIL�da;barumeby bearardofDUi!noaorby--a.persouempowerzil'to maicc such appoLatmeat" This power of aaorncy is s: cd and sealed Lnac and by Lb--utnorr-y of.tic io9(-A,mv I -o -Lt i -�r2 b .tc F.o,.rd of DrfrWrs of TriE A.hlr UCA_, LNSURAINCE CONIP°.NY at mm-U:o dWy csllea_ad 1:��on Z_�_-15-d >c T.V _9_ _L_ 2 �c ti3s ect hc�r�eidcd cr rc{calm "RESOLVID ch-i the siga_ture o -..yYr--Ilrerden ram-,-a r 5as ry -mc o .hs Corpor_tica, and the seal of t_s Corporation may be affixed or Dr]:,t=ell..ny po-c-of zaQ o-y ou anv -1-y Ir c --7 or oa�a by -csrmLc. a;d anypower of attorney an) e%-%Mt_on o an% oowcr a a:cme" 1,zt r-or fatnU-QLl-.,cat shall be ya5d aaa bi..d-- Upon the corpo zoo❑ IN WITNESS TFIE k,IZ-QCAN IhSURA NCr CO-%U'-N` a`s .j_--a�--cz by i.s Vi=-Pr=dmt and iLscore orz. =1 r be ha--cmwafft,,,dthsISi—d-yoC T c..IC N JN5URANGE-CONIFANY r f R V4 flcJa; STATE OF CAL.IFORN IA ss COUh+`1Y OF MA.�L`i On this Ist dzyof June Y 19 0 naorcz pz�oaa2yr R D Fzrnswafth to me known,who bung by me duly ss orn did depose zze s`v-that he is Yu`-D-zndciit oa O'SURAINCE COMPAhK the Co-po,Lor. descnbed is and which executed Lc abrn-mstr=car.that he knows he seal of sad Corcorno, a t*ic sr_1 P�rucd to the card i�SlrnmCat B sum a7rLor s=1 that it was so Pflucd try order of L e Board of Qrrcciors a An--z taereto by IIte orb IN WITNESS WHEREOF I ha a ha-n=o set my hand and af&zed my ofLce 31 s=aL Lie dzfy e):.t Lcrcm rj-st above srrrar-- �ffi1411{W87ai/1i5srAf1i4T78irtt>3rt999989rTTfIIiiY3Gi to y OF!`iCLa1, SEAL a J tub VANDEVORS NOTARY PUBLIC CoWFORNIA � !� nw-t�. PrLmigit spree in 4tarin County E E Ay Comrr= w Erpues.vq 28 1492 CERTT r-ATE falls,auAnvilricraaAlllapr MUS.4il/rr"MiWraa11141 STATI E OF CALIFORPFIA Z=azz5 COUNTYOFKkRINL the tmdersigaed,Raudcr!A===Scaeraryo THE AM RICANINSURAbI�COti1P^X1 a NEBRA5SC� a .nTIFY t�the foregoing andArzanccdPOWEROFA=RXEYresrancinfullforcezedlsa,notbc=rav 1,- thatAlmaad4bofi`- By-laws of the Corporatioa,mid the Raolanoa of the Board of DLrc=m;se:crtb to the Fo0.-=c ,.tai�ey le no r m forcd\ Sigurd and smiled at the County of Mara.I}sled the I -nday of s \ 19 97 c i 1 \y„✓�v,✓ t-of F cq g '�Auua��m'c�ry 3M 1 TA-6.9ti IRE 04 16 97 10 34 'a$ 10 394 6572 LPSn1 E5 0 004 4 p, L 4 ACKNOWLEDGE, f7AENT STATE OF CALIFORNIA 1 LCS An G=5 COUNTI OF > On rLA-RCE3 ll 1997 before me Dr��� -�` �D _%_''�FZ DCi r YC_ DATE NAME TITLE-O'O1-Fj =H r � JAB 7 DOE NOTARY PU°,_1C personalty appeared _ ley L sA=u i, A=: r T Z personally known tome(or proved tome on the basis oI s-a;,�,tory evidence)to be the person(s) whose name(s) +s/are subscnbed to the within Instrument on I ac<nowledged to me that he/she/ they executed the same in his/her/their authorizea and that by his/her/their 5ignature(s)on the Instrument the person(s) or the en,TJLV IJ feria"I of which the person(s)acted executed the instrument � Penney Lynn Reed' WITNESS my hand and official seal t3 Comm #1086187 O-ARY PUBL C CALIFORN(A e, �? Los AriGELES COUNTY L Cc rm Ecp Feb 4 2000 '$ (SEAL) N T Y PUBLIC SIGNATURE k ,�y 011P"I`IONAL IN—FOR 7A T IC-) o „ r� p i l!7 TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUi tBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE _ ATTACHMENT 3 s • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 12 1998 Gary L Granville County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tracts 13821 and 13527 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the Acceptance when recorded and return to this office in the enclosed self addressed stamped envelope cm4t.L, &4_1_L7 Connie Brockway CMC City Clerk Enclosures g \followup\deedltr Tract 13821 13527 Pacific Coast Homes (Telephone 714 536-5227) Recording requested by and when recorded return to Connie Brockway City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190—2000 Main Street Huntington Beach Ca 92648 (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 2.)5 22) PLEASE TAKE NOTICE THAT on September 21 1998, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No 13821/13527 Public improvements constructed consist of the domestic water system and appurtenances his document is solely for the fricial business of the City 4 Huntington Beach as contem- CITY OF HUNTINGTON BEACH °ated under Government Code ec 6103 and should be recorded ®e of charge by City Engineer is Exempt Goverrriment Agancy �nG ITY OF HUNTINGTON BEACH APPROVED AS TO FORM ni Brockway City Clerk C P putt'City Clerk City Attorney D OP 9/2 Q$ 6 C Wccfonn doc RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract Nos 13821/13527 and Accept the Public Improvements COUNCIL MEETING DATE October 5, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Attached / Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO ED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author Bruce Crosby CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 June 8, 1994 New Urban West 520 Broadway, Suite 100 Santa Monica, CA 90401 Attention Desmond Bunting The City Council of the City of Huntington Beach at the Council meeting held May 4, 1994 approved your request regarding Tract 13527 to reduce the Faithful Performance Bond pursuant to provisions of the Subdivision Map Act The City Council took the following action accepted Surety Bond Decrease Penalty Rider No SCR-111-3254-0003, reducing the Faithful Per- formance Bond from $457,000 00 to $45,700 00 This represents a 90% completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction The City Treasurer will notify the bonding compnay, The American Insurance Company, of this action If you have any questions please call the office of the City Clerk at (714) 536-5227 Connie Brockway, CMC City Clerk CB/es i I SUBDIVISION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PENINSULA I PARTNERS FOR TRACT NO 13527 AND TRACT NO 13821 THIS AGREEMENT is entered into this day of , 1988 , by and between CITY OF HUNTINGTON BEACH , a municipal corporation of the State of California, hereinafter referred to as "CITY, " and PENINSULA I PARTNERS, a California General Partnership, hereinafter referred to as "SUBDIVIDER " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No 13527 and Tract No 13821 , and As a condition of the approval of and prior to the recordation of said subdivision map, subdivider is required to improve and dedicate the streets, alleys, and to perform certain other improvements in said subdivision, and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work, to agree to perform said work as herein provided, and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one ( 1 ) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499 3 of the Government Code of the State of California, and Article 997 of CITY ' s ordinance - 1 - code NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows 1 GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs , gutters, sidewalks , trees, landscaping, etc , sewers, including construction of main lines and lot laterals and structures, street lights , street signs, construction of domestic water system including the construction of water mains, lot laterals and installation of meters, engineering costs, and any miscellaneous requirements as may be set forth in CITY'S codes All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the 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 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 therefor shall have been paid by SUBDIVIDER 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required - 2 - • • by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of two (2 ) years following the date of City Council acceptance of same 4 FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Four Hundred Fifty Seven Thousand ( $457, 000 00 ) Dollars as prescribed by HBOC Section 9970 , which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map The deposit may be by corporate surety bond, cash or other approved form of improvement security All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney, however, any bond 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 INSURANCE i SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done - 3 - • 0 by SUBDIVIDER at SUBDIVIDER 'S sole expense, a general liability insurance policy, including coverage for bodily injury, property 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 of any suits, claims, demands, 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 shall provide coverage in an amount not less than One Million Dollars ($1, 000 , 000 ) combined single limit coverage per occurrence If coverage is provided under a form which includes a designated general aggregate limit , such limit shall be no less 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 that provided in the Standard Form 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 A 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 - 4 - • • than thirty (30 ) days before each expiration or cancellation is effective The certificate of insurance shall evidence the required additional insured endorsement, and is subject to approval as to form by the City Attorney This agreement is void and of no effect until such approval is obtained from the City Attorney 6 WORKERS ' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California, in regard to any worker employed 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 Dollars ($500, 000 ) boaily injury by accident, each accident, Five Hundred 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 hereto, in forms and underwritten by insurance companies satisfactory to CITY, and SUBDIVIDER shall , prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such - 5 - • • insurance, said certificate shall include a provision that the insurer shall notify CITY at least thirty, (30 ) days prior to any cancellation or modification of said insurance policy, and SUBDIVIDER shall notify CITY at least thirty ( 30 ) days 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 INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS 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, demands or Dudgments arising directly or indirectly out of the work or protect, regardless of the willful misconduct , sole negligence or concurrent active or passive negligence by CITY its officers , employees and servants and from the sole negligence, concurrent negligence or misconduct negligence of third parties The legal defense required by this agreement shall be provided upon request by CITY and at the sole expense of SUBDIVIDER Any costs of defense or attorneys ' fees incurred by CITY in enforcing this agreement shall be reimbursed to CITY or may be awarded to CITY by a court of competent 3urisdiction pursuant to paragraph 9 hereof 8 PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by City Council of the improvements offered for dedication in said work or improvement by said Council , give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect - 6 - • e the traveling public from such defective or dangerous conditions That it is understood and agreed that until the 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 for the purpose of this contract, 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 during 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 Engineer of CITY 9 ATTORNEYS ' FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to PAGE END - 7 - 0 • secure the performance hereof, a reasonable attorney ' s fee, to be fixed by the court, shall be paid by SUBDIVIDER IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written PENINSULA I PARTNERS, CITY OF HUNTINGTON BEACH a California General a municipal corporation of Partnership the State of California By Pacific Coast Homes, a C 11fornia corporation, ?anr Johnson, V-President M yorWC-Peninsula I , L P , a California Limited Partnership, Managing General Partner „ By UWC Development a California corporation, Managing G era1 Partner Stephen D Gunther , President ATTEST APPROVED AS TO FORM Tod City Clerk City Attorney 4. 1 -% g REVIEWED AND APPROVED INITIATED AND APPRO I D �- ��, t ZAV� City Administrator Directo of Public Works be �o-tom,-88 - 8 - 0 • STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 18th day of October, 1988, before the undersigned, a notary public in and for said state, personally appeared Stephen D Gunther, personally known to me to be the President of UWC DEVELOPMENT CORPORATION, a California corporation and who is also known to me to be the corporate officer who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument on behalf of UWC PENINSULA I, L P , a California limited partnership which said limited partnership is known to me to be one of the partners of PENINSULA I PARTNERS, a California general partnership, and acknowledged to me that said corporation executed the within instrument as one of the partners of said UWC PENINSULA I, L P , A California limited partnership, the limited partnership that executed the within instrument and acknowledged to me that such limited partnership executed the same as such general partner and that such general partnership executed the same WITNESS my hand and official seal _ r Signature OFFICIAL SEAL A JACKIE J LOPEZ Not-iry PLINIC-Califomia Jackie J Lopez Or3,-NC=COUNTY P /Comm Exa Oct 13 19o0 Name (typed or printed) (This area reserved for official seal) My commission expires -1-013go- 0 0 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 18th day of October, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared J W Johnson, personally known to me to be the Vice- President of PACIFIC COAST HOMES, the corporation that executed the within instrument and personally known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of PENINSULA I PARTNERS, 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 seal Signature OFFICIAL SEAL / JACKIE J LOPEZ Notary PublIC-C811fOmW ORANGE COUNTY . Jackie J Lopez My Oom Exp Oct t3 1990 Name (typed or printed) (This area reserved for official seal) My commission expires --10/4134-99— CEI�TI�IC�►1��®� INSl1RANCE µ ISSUE DATE(MM/DD/YY)J j 3/_17/_89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS SANDL I N & ASSOCIATES INSURANCE AGY INC NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P 0 BOX 769 -- DOWNEY, CA 90241-0769 COMPANIES AFFORDING COVERAGE COMPAETTERNY A SAFECO INSURANCE CO CODE SUB CODE �..�..._.. ._ ..._. _. _.. _........._ ._._._ _ i INSURED E—� —.—y TTERNY B FIRST STATE INSURANCE URBAN WEST COMMUNITIES, PENINSULA 1 COMPANY PARTNERS , UWC PENINSULA 1 LP, AND LETTER C HARBOR INSURANCE U41C DEVELOPMENT CORP ET AL COMPANY 520 BROADWAY, SUITE 100 LETTER D SANTA MONICA, CA 90401 COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR 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 CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .T_�_ _ COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE[POLICY EXPIRATION W ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) I I GENERAL LIABILITY j j ('`GENERAL AGGREGATE $ 1 OOO A x €COMMERCIAL GENERAL LIABILITY C P 806213D 104/01/88 04/01/89 PRODUCTS COMP/OPS AGGREGATE$ 'OOO'M CLAIMS MADE_X_OCCUR I I PERSONAL&ADVERTISING INJURY $ 1 000' X^�OWNER S&CONTRACTOR S PROT I ( j EACH OCCURRENCE $ 1 DOO }— —T FIRE DAMAGE(Any one tire) �$ i { 1 MEDICAL EXPENSE(Any one person) $ J AUTOMOBILE LIABILITY { COMBINED ANY AUTO I SINGLE I $ I A L —� BA 8o6213B 04/01/88 04/01/89 LIMIT I X i ALL OWNED AUTOS I BODILY INJURY $ SCHEDULED AUTOS t I (Per person) I I X HIRED AUTOS BODILY INJURY i $ ,_X (NON OWNED AUTOS = I (Per accident) GARAGE LIABILITY f I PROPERTY I I 3 DAMAGE ; $ B _EXCESS LIABILITY N^ US 0000733 + 04/O1/88 �04/O1/89 I EACH �-AGGREGATE EACH C HI 238609 1 t $— __. 1$4 000, OTHER THAN UMBRELLA FORM — __ �.,., I WORKER S COMPENSATION STATUTORY� i A 1 000 (EACH ACCIDENT) AND WC 8o6213C 04/01/88 04/01/89 I I —i $ I 1 000�� (DISEASE—POLICY LIMIT) EMPLOYERS LIABILITY OTHER L-AS-1^0-FoRM:t .._._ ., I $ 1 1 f 000, (DISEASE—EACH EMPLOYEE j GAIL HUTTON I I (CITY `C NEY 3 BY't-\ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICDpNr6fLLS�FI63%MSAtto •ney TRACT 13821 IN THE CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER, ITS OFFICEPS AND EMPLOYEES TO BE NAMED AS ADDITIONAL INSURED , ENDORSEMENT TO FOLLOW CERTIFICATE HOLDER CANCELLATION CITY OF HUNT I NGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL rN6EA'4tD1 TI;K0 HUNT I NGTON BEACH CA 92648 E MAIL--I.0_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT W'IXI°k9(I14MM�MMMIXft)MIKM)MMX30AWDl11�Im E9XfA�Cl lllrtdltC)fMD(�IA1 � ` �4A'�(�1DN�UMA't`X�i1�4Ph�(M9(�N(1�Cd-tiQ�A�)�d�(MX�1�+tf�k5i6h�P�Y; h1�tlS,Ir�41M a AUTHORIZED E RE NT T + ACORD 25 S(3/88) �, r- lSP NO 1 h _ DACORD CORPORATION 1988 ASORD CERTIFICATE OF INSURANCE (ACORD .ASS - 03/88) -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGE SANDLIN & ASSOCIATES INSURANCE AGENCY, INC COMPANY A SAFECO INSURANCE CO P O BOX 769 DOWNEY, CA 9024 1-0 76 9 COMPANY B CNA/STEWART SMITH WEST COMPANY C HARBOR INS /STEWART SMITH WEST NAME AND ADDRESS OF INSURED URBAN WEST COMMUNITIES COMPANY D PENINSULA I PARTNERS, UWC 7-9 /3s Z 7 PENINSULA 1, LP AND UWC COMPANY E DEVELOPMENT CORP _ 520 BROADWAY SUITE 100 SANTA MONICA, CA 90401 ____= COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REau I REMEN T, TERM OR COND I T ION OF ANY CONTRACT OR 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE A GENERAL LIABILITY CP806213 X COMMERCIAL GENERAL 04101188 TO 04101189 LIABILITY GENERAL AGGREGATE $ 1 , 000, CLAIMS MADE X OCCURRENCE PRODUCTS COMP/OPS AGG $ 1 , 000, X OWNERS & CONTRACTORS PROTECTIVE PERSONAL & ADVERTISING INJURY $ 1700031 EACH OCCURRENCE s 1 , 000, FIRE DAMAGE (ANY 1 FIRE) $ 50, MEDICAL EXPENSE (ANY I PERSON) $ 5, A AUTOMOBILE LIABILITY BAB06213 X ANY AUTO 06102188 TO 04101189 CSL s 1 , 000, ALL OWNED AUTOS BI SCHEDULED AUTOS (EACH PERSON) X HIRED AUTOS X NON-OWNED AUTOS BI GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE • • ACORD CERTIFICATE OF INSURANCE - PAGE 2 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA OCCUR /AGGREGATE B EXCESS LIABILITY RDX0719474 04101188 TO 04101189 OTHER THAN 5, 000, 5, 000, UMBRELLA FORM A WORKERS COMPENSATION AND WC806213 *STATUTORY* EMPLOYERS' LIABILITY 09130188 TO 09130189 EACH ACCIDENT $ 1 , 000, DISEASE POLICY LIMIT $ 1 , 000, DISEASE EACH EMPLOYEE s 1 ,000, C OTHER HI2373,29 EXCESS FOLLOW 04/01/88 TO 04/01/89 EXCESS $ 2, 000, FORM DESCRIPTION OF OPERA TIONB/LOCATIONS/VEHICLES/SPECIAL ITEMS THE CITY OF HUNTINGTON BEACH, IT S OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED - ENDORSEMENTS WILL FOLLOW CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MWAX*(XXMXXMAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, ft()TX)FAA4(l C X fVx fkx)Wand M&T> i7,FC X oEm&kX xwR xm)Q4?&) T( Pm X xgft X X4(�AULX�7XYX XQ Tx X oX Y JtXM X WAM X KM X$Wgf "X XA KRX X"O'KXM X X)M X XREFMM9XTAffAMSx CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH DATE IS S ED /18/88 2000 MAIN STREET HUNTINGTON BEACH, CA f / 92648 T I ZED REPRESENTATIVE i • FECITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO Howard Zelefsky, Planning Director 1� FROM Connie Brockway, City Clerk �' SUBJECT RELEASE OF PARK & RECREATION BONDS FOR TRACTS 13527 13821, & 13625 DATE January 27, 1993 Enclosed are two requests for release of Park & Recreation Bonds for three different tracts I have checked with the City Attorney's Office and it will be necessary for you to have Council approval in order to release these bonds 1452K Ej le CITY OF HUNTINGTON BEACH re INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO CONNIE BROCKWAY, CITY CLERK FROM HOWARD ZELEFSKY, PLANNING DIRECTOR SUBJECT RELEASE OF PARK & RECREATION BONDS FOR TRACT 13625 (PACIFIC BAY) DATE JANUARY 15, 1993 Pacific Coast Homes has satisfied the Park/Rec in-lieu fee requirement for Tract 13625 by utilizing a previous land credit As indicated in a memo to Joan Stauss, Building Division, dated April 13, 1992, the park/rec requirement for Tract 13625 ( 96 AC) was satisfied by using a 1 82 acre credit resulting from surplus park land following approval of Tracts 10067, 10068 and 10069 This determination was approved by the City Attorney' s Office which is attached for your information As a result, the bond previously posted for park and recreat-Lon in-lieu fees for Tract 13625 (Pacific Bay) can be released at this time Please contact me or Wayne Carvalho of my staff if you have any questions c Don Watson, City Treasurer Dan Villella, Finance Director Mike Adams, Community Development Director Wayne Carvalho, Assistant Planner attachment CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO CONNIE BROCKWAY, CITY CLERK FROM HOWARD ZELEFSKY, PLANNING DIRECTOR SUBJECT RELEASE OF PARK & RECREATION BONDS FOR TRACTS 13527 & 13821 DATE DECEMBER 18, 1992 The conveyance of Linear Park Parcel No 1 (approved by City Council on February 4 , 1991) , has satisfied the Park & Recreation in-lieu fee requirement for Tracts 13527 and 13821 (Seacliff Estates) As explained in a memo to Don Watson dated October 30, 1992, Pacific Coast Homes requested the park dedication be used toward the Park/Rec requirement At this time, the bonds previously posted for park and recreation in-lieu fees for the two (2 ) tracts can be released Please contact me or Wayne Carvalho of my staff if you have any questions c Don Watson, City Treasurer Dan Villella, Finance Director Mike Adams, Community Development Director Wayne Carvalho, Assistant Planner attachment ZG, 1;d 90 h 81 330 Ally) H')r { d '_ IhatinH 'C kLI N8.1_5 ZIT a3AI333P CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO Don Watson City Treasurer FROM Howard Zelefsky Planning Director, SUBJECT CITY'S ACCEPTANCE OF LINEAR PARK PARCEL NO 1/PARK LAND CREDIT FOR TRACTS 13527 , 13821 AND 14647 DATE October 30 , 1992 The City has accepted the dedication of Parcel 1 (Linear Park) by the Huntington Beach Co The City Council accepted Parcel 1 on February 4 , 1991 , contingent on the satisfactory abandonment of oil wells and cleanup of the park site per the Development Agreement The Fire Department has subsequently approved Parcels 1 and 2 for the City s acceptance ( see attached memo) Pacific Coast Homes has therefore requested to apply the previous parkland credit of 11 acres to the credit for Parcel 1 to satisfy the Park and Recreation requirements for Tracts 13527, 13821 and 14647 This can be summarized as follows Previous Land Credit 11 AC Parcel 1 (Linear Park) 5 16 AC Available Credit 5 27 AC ---- 5 27 AC Parkland Dedication Requirements TRACT 13527 (portion of Estates) 34 AC TRACT 13821 (portion of Estates) 2 35 AC TRACT 14647 (portion of Surfcrest South) 25 AC 2 94 AC ---- 2 94 AC SURPLUS LAND CREDIT 2 33 AC The Huntington Beach Co will retain a parkland credit of 2 33 acres for future Park/Recreation requirements c Dan Villella, Finance Director Robert Sedlak, Principal Accountant Robert Franklin, Associate Planner Wayne Carvalho, Assistant Planner H B Parks File Attachments ,i • CIR OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION To Mike Adams, Community Development Director From Michael P Dolder, Fire Chief Date October 9, 1992 SUBJECT LINEAR PARK PARCEL 1 - APN 110-230-11 LINEAR PARK PARCEL 2 - APN 110-015-56 The above listed parcels have been "APPROVED FOR ACCEPTANCE' by the Fire Department for compliance to Specifications No 422 - Oil Well Abandonment, and No 429 -Testing For The Presence Of Methane Gas, and No 431 - Soil Cleanup Standards If you have any questions regarding the methodology of testing or test results, please contact Captain Mark Bodenbender at ext 5574 r , MPD/MB/sr c Ray Silver, Assistant City Administrator ry T 1 Don Watson, City Treasurer - Connie Brockway, City Clerk Robert Franz, Deputy City Administrator, Administration Services Ron Hagan, Community Services Director Jim Engle, Superintendent Park Develop ment/Recreation Division Howard Zelefsky, Planning Director Bob Franklin, Associate Planner Wayne Carvalho, Assistant Planner Richard Grunbaum, Deputy Fire Marshal/Petro Chem Mark Bodenbender, Oil Field Inspector Dan Villella, Finance Director Dan Brennan, Real Estate Services Director Sarah Lazarus, Deputy City Attorney b adamsl mem r8T✓1 db 'CIT, COUNT L ACTION Date February 4' 1991 j � Submitted to Honorable Mayor and City Council Submitted by Michael T Uberuaga City Administrator-- ----: -,,, Lam_ Prepared by Patricia Dapkus, Management Assistant Subject HOLLY-SEACLIFF, LINEAR PARK LAND GRANT DEED �L. e AO Consistent with Council Policy? [ ] Yes ( ] New Policy or Exception Statement of Issue Recommendation Analysis Funding Source Alternative Actions Attachments Statement of Issue The conveyance of land by the Huntington Beach Company to the Linear Park Site as part of the Holly—Seacllff Agreement between the City of Huntington Beach and the Huntington Beach Company Recommendation Approve and authorize acceptance of the corporation grant deed Analysis Under the original Holly Seacliff Agreement the Huntington Beach Company agreed to dedicate land to the Linear Park site They are now ready to convey just under six acres of land toward their commitment We have prepared the grant deed for this conveyance which specifically requires that the property be used for open space, public park or recreational use for a period of fifty (50) years from the date of conveyance We are asking the City Council to approve the wording of this grant deed and to authorize execution of the deed Alternative Action Reject the language in this deed and direct staff on acceptable language Funding Source N/A Attachments 1 Corporation grant deed MTU PD paj y 0335c r P10 5/85 CITY OF HUNTINGTON BEACH + CITY COUNCIL COMMUNICATION HUNTINGTON BEACH + To From _ CONNIE BROCKWAY, City Clerk GRACE WIN HELL Councilwoman Subject REQUEST TO WITHDRAW APPEAL Date July 27, 1990 Amended Condition#3 of 1/17/89 Tentative Tract #13527(R) I hereby withdraw my appeal of the Planning Commission's action amending Condition #3 of the above Tract, filed on July 24, 1990, based upon the attached Letter of Understanding between the city staff and Pacific Coast Homes. Pacific Coast Homes has agreed to provide unimpeded 24-hour emergency access via Clay, to complete the connection of Seapoint to Garfield by June 1, 1991, and to receive no further building permits in the project until the connection of Seapoint to Garfield is completed and open to the public. With the addition of these three conditions of approval on TT 13527(R), my concerns have been addressed. GW:bb cc: City Council City Administrator Michael Adams Pat Dapkus Attachment • PACIFIC COAST HOMES • 2120 MAIN STREET, SUITE 260 HUNTINGTON BEACH, CA 92648 2499 (714) 536 8917 July 27, 1990 Chief Raymond C Picard Fire Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Chief Picard As the developer of Tract #13527(R), we hereby agree to the following regarding the connection of Seapoint Avenue to Garfield Avenue 1 Unimpeded 24-hour emergency access will be provided to the project via Clay and Seapoint to the satisfaction of the Fire Department and the Police Department prior to occupancy 2 The connection of Seapoint to Garfield will be completed by June 1, 1991 3 No further building permits will be issued for units in the project until the connection of Seapoint to Garfield is completed and open to the public Sincerely, William D Holman Vice President AGREED l�71rG Fire Department cc Mike Uberuaga Mike Adams Ray Picard • PACIFIC COAST HOMES 2120 MAIN STREET, SUITE 260 HUNTINGTON BEACH, CA 92648 2499 (714) 536 8917 July 27, 1990 Ronald E Lowenberg Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Chief Lowenberg As the developer of Tract #13527(R), we hereby agree to the following regarding the connection of Seapoint Avenue to Garfield Avenue I Unimpeded 24-hour emergency access will be provided to the project via Clay and Seapoint to the satisfaction of the Fire Department and the Police Department prior to occupancy 2 The connection of Seapoint to Garfield will be completed by June 1, 1991 3 No further building permits will be issued for units in the project until the connection of Seapoint to Garfield is completed and open to the public Sincerely, uDqe(A�� William D Holman Vice President AGREED ofeDepartmen7t cc Mike Uberuaga Mike Adams Ron Lowenberg CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION HUNTINGTON'REACH To From CONNIE BROCKWAY GRACE WINCHELL City Clerk Councilwoman Subject REQUEST FOR APPEAL Date July 20, 1990 Amended Condition#3 of 1/17/90 Tentative Tract #13527(R) I hereby appeal the decision of the Planning Commission to amend Condition #3 with relation to the above-referenced tract, the tract along Seapointe Drive (The Estates), because I feel that council needs to discuss the city's responsibility to provide equitable and adequate public safety protection for its residents. While the condition as approved on January 18, 1989 may need to be modified to facilitate occupancy of existing newly built homes, any modification should include: 1) Provision for unimpeded 24-hour emergency service access before occupancy 2) A date certain for completion of Seapointe; and 3) A stipulation that no further building permits will be issued in the area until the Seapointe connection has been completed and is open to the public. GW:bb cc: City Council Mike Uberuaga Mike Adams Pat Dapkus r • 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 27, 1989 First American Title Insurance & Trust 114 E 5th Street Santa Ana, CA 92707 Attention Subdivision Officer RE Tract Map No 13527 & 13$21 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P 0 Box 190, Huntington Beach, California 92648 Connie Brockway City Clerk CB bt Enclosure Received by Dated 1 2 (Telephone 714 536 5227) CiTY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 27, 1989 First American Title Insurance & Trust 114 E 5th Street Santa Ana, CA 92707 Attention Subdivision Officer RE Tract Map No 13527 & 13$21 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P 0 Box 190, Huntington Beach, California 92648 Connie Brockway City Clerk CB bt Enclosure Received by Dated y f 2 (Telephone 714 536 5227) First American Title Company 711*/ 2 Pick up Request Date 7 Special Instructions A M PM PICK UP Firm Name z,4ri,, Address CHECK IN City /—/ / ( ) Same number on document I Department va,x OD ei C ,� ( 1 No order number on document I ( ) Other number on document Person to See NOT PICKED UP Requested by i Reason Branch ( ) Signature Order No J /�`� j3S-d7-1 J-3d-Z/ ( ) Comments Serviee Needed Regular ( ) Special Add on No Checked in by I I NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO City Clerk FROM COMMUNITY DEVELOPMENT lle 1v` _ A4t TRACT NO ) 3 PARCEL MAP NO RECREATION & PARK FEES PAID c'�h OTHER S NOTICE OF ( PLETION WITH CONDITIONS 0 TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLI RK DATE FROM PUBLIC WORKS DFPARTMENT Bruce Crosby TRACT NO /:3"r DEVELOPER CONDITIONS Date Deposit of tees for water , sewer drainage engineering and inspection Bond for Improvement Signature of Agreement Certificate of Insurance Bond for Monuments Labor & Material Bond Other Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO City Clerk FROM COMMUNITY DEVELOP MEP[,T -S TRACT NO I ?-�s iW-7 PARCEL MAP NO RECREATION & PARK FEES PAID 65;��p �' OTHER NOTICE OF 4PLETION WITH CONDITIONS C TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE 7 k 7 FROM PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO `93 Z7 DEVELOPER CONDITIONS Date Deposit of fees for water sewer , �l drainage engineering and inspection Bond for Improvement Signature of Agreement Certificate of Insurance — — Bond for Monuments Labor & Material Bond Other Signature ;j"je CITY OF HUNTINGTON BEACH 0 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 18, 1989 Pacific Coast Homes 2120 Main Street Huntington Beach, CA 92648 Gentlemen The City Council of Huntington Beach, at its regular meeting held November 7, 1988 approved the Subdivision Agreement for Tract No 13821 & 13527 We are enclosing herewith a duly executed copy for your files Sincerely, 6 Connie Brockway City Clerk CB bt Enclosure i (Telephone 714 536 5227) 9!)Q REQUE* FOR CITY COUNCIP A ION Date April 17, 1989 Submitted to Honorable Mayor and City Council Submitted by Paul E Cook, City Administrator �--C—1 Prepared by Mike C Adams, Director, Community Development ��4ry Subject FINAL TRACT MAP 13527, BEING A PORTION OF TENTATIVE TRACT NO 13527 APPROVED BY CITY COUNCIL Consistent with Council Policy? [g] Yes [ ] New Policy or Ex ep ion ^1 � 19 Statement of Issue Recommendation Analysis Funding Source Altern t e Actin s AttachrnentULLRK STATEMENT OF ISSUE The final map of Tract No 13527, being a portion of revised Tentative Tract No 13527, located on the southeast of current terminus of Seapointe Avenue, has been submitted to the City Council for approval Tentative Tract No 13527 will expire on January 28, 1991 On November 7, 1988, the City Council approved Final Tract Map 13821, being a portion of Tentative Tract Map 13572 At the time the map was approved, bonds and agreements for both tracts 13821 and 13527 were accepted by the City Council Said bonds and agreements are still valid and are on file in the Treasurer ' s Office and City Clerk Office respectively RECOMMENDATION 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 map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code 3 Accept the offer of dedication and improvements subject to completion of requirements shown 4 Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with a A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided, 1 1 � P10 5/85 • • 0 b A certificate of Insurance shall be submitted, c Subdivision Agreement, d Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map e The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City 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 ANALYSIS SUBDIVIDER Pacific Coast Homes 2120 Main Street Huntington Beach, CA 92648 ENGINEER Walden & Associates David L Walden, RCE 19402 LOCATION Southeast of current terminus of Seapointe Avenue ACREAGE 5 006 acres LOTS 26 lots and lots A & B NO OF UNITS 26 single family dwellings ZONE Seacliff Specific Plan GENERAL PLAN Planned Community - Open Space DISCUSSION The 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 ENVIRONMENTAL STATUS On July 19 , 1988, the Planning Commission approved Negative Declaration No 88-18 for the pro]ect itself FUNDING SOURCE Not applicable ATTACHMENTS 1 Area map MA TR lab lIL -2- (2381d) i GARFiELD CC CZ�� � `~R4 0 CZ Cl—0 M2 0 C , � R4-0 m bo cc cZ P a C,t ROS-0 \ Cti ' y ' R4 01 R v 6pn•u]e3tt R4a --. 1 ` a .0 4 1 RI R4 29 0 CZ x �� ROS-0 b i 3va a w R 3—0 R4 01' R� 4 ��,'' `� _R�of ^ R I � * � R3 17 0 CZ Ph C2 RI Jq g 4 4 kyv sR4 Po of R I t w dy rL � q2 'Q2 A �5 Aooc �o ROS-0cr / ti R4 01 —\ J r 4-0 R4 01 \— R2 Po o ci R2-PD 0 CZ OR i N N'ar Y -- S` S _ ^ n Ii o IR2 PO 0 CZ ROS-0 FT 13 S �7 :HPTINCT01 HUNTINGTON REACH PLANNING DIVISION W REQUES4 FOR CITY COUNCI10A8TION Date April 3 , 1989 Submitted to Honorable Mayor and City Council / Paul E Cook, City AdministratorC Submitted by - Prepared by Mike C Adams, Director, Community DevelopmentW5.19,14fi Subject FINAL TRACT MAP 13821, BEING A PORTION OF TENTATIVE TRACT NO 13527 APPROVED/BY CITY COUNCIL T 3 Consistent with Council Policy? [ Yes [ ] New Policy or Exceptio Statement of Issue Recommendation Analysis Funding Source Alternative 004 STATEMENT OF ISSUE On November 7, 1988, the City Council approved Final Tract Map 13821, being a portion of Tentative Tract Map 13527, and bonds and agreements for Tract 13821 Prior to Final Tract Map 13821 being recorded with the County, the subdivider determined that Tentative Tract Map 13527 would require revision so as not to have an adverse impact on Sea Cliff Golf Course Revised Tentave Tract Map No 13527 was approved by the Planning Commission on January 18, 1989 Bonds and agreements, however, are still valid as approved on November 7, 1988 and are on file in the Treasures ' office and City Clerk s office respectively The final map of Tract No 13821, being a portion of revised Tentative Tract No 13527, located on the southeast of current terminus of Seapointe Avenue, has been resubmitted to the City Council for approval Tentative Tract No 13527 will expire on January 28, 1991 RECOMMENDATION 1 Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code 2 Approve the map sub]ect 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 sub3ect to completion of requirements shown 10, P10 5/85 4 Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with a A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided, b A certificate of Insurance shall be submitted, c Subdivision Agreement, d Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map e The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City 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 ANALYSIS SUBDIVIDER Pacific Coast Homes 2120 Main Street Huntington Beach, CA 92648 ENGINEER Walden & Associates David L Walden, RCE 19402 LOCATION Southeast of current terminus of Seapointe Avenue ACREAGE 22 701 acres LOTS 132 lots and lots A & B NO OF UNITS 132 single family dwellings ZONE Seacliff Specific Plan GENERAL PLAN Planned Community - Open Space DISCUSSION The 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 -2- (2282d) ENVIRONMENTAL STATUS On July 19 , 1988, the Planning Commission approved Negative Declaration No 88-18 for the project itself FUNDING SOURCE Not applicable ATTACHMENTS 1 Area map MA TR lab -3- (2282d) GARFIELD 1 Cc CZ-/- ,%R4 0 CZ / Y M2 o c R4-0 CI-0 M 2-01 cc CZ R4 01 e i R-1 ^1 -os 0 cz R4 az RI 7' • R4Y29 OtlCZ I o Ql'� ROS 0RI °baY , �s,an R3_0 R4 01 Ri 01RI% f� RI `ale toA N $ r +� R11 RI R3 17 0 CZ �R2 P 10 C`2 RIB/ 4 R2PDgq � fl R4Oi R2A 2A ROS 0 �4 °O� C, C C R4 OI R4 01r o � R�OI� / Q oR2PDOCZ q� p R2 PD 0 C a 4rMcca N 4 �C \ S y �� 9 C o R2 PD 0 CZ Q/ / __��t ,/ ROJ—c/ a o ry} C, a R A3 ai�pD��t R2 PD 0Rl oonnvusau � Zan nI ri HUNTINGTON BEACH HUNTINGTON REACH PLANNING DIVISION REQUEST FOR CITY COUNG, ACTION Date November 7, 1988 Submitted to Honorable Mayor and City Council Submitted by Paul E Cook, City Administrator �Q- Prepared by Mike C Adams, Acting Director, Community Development Subject FINAL TRACT MAP 13821, BEING A PORTION TATIVE TRACT NO 13527, AND BONDS AND AGREEMENTS FO 'V$$ CI y CD—N--- ---�� R % Consistent with Council Policy? Yes [ ] New Policy or Excepti n 19 IT Statement of Issue Recommendation Analysis Fundinq Source Alternative c io �",Gf.� >;TYT 0-4-A � 7 ram' STATEMENT OF ISSUE 11--/4, - The final map of Tract No 13821 being a portion of Tentative Tract No 13527, located on the southeast of current terminus of Seapointe Avenue, has been submitted to the City Council for approval Tentative Tract No 13527 will expire on July 29 , 1990 RECOMMENDATION 1 Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code 2 Approve the map sub]ect 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 sub]ect to completion of requirements shown 4 Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with a A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided, b A certificate of Insurance shall be submitted, c Subdivision Agreement, d Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map P10 5/85 e The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City 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 5 It is 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 a Faithful Performance Bond No 111-32540003 b Labor and Material Bond No 111-32540003 / 1 c Monument Bond No 111-32539997 d Park & Recreation Surety Bond No 111-41286762 ANALYSIS SUBDIVIDER Pacific Coast Homes 2120 Main Street Huntington Beach, CA 92648 ENGINEER Walden & Associates David L Walden, RCE 19402 LOCATION Southeast of current terminus of Seapointe Avenue ACREAGE 34 593 LOTS 138 lots and lots A & B NO OF UNITS 138 single family dwellings ZONE Seacliff Specific Plan GENERAL PLAN Planned Community - Open Space DISCUSSION The 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 RCA - 11/7/88 -2- (1519d) ENVIRONMENTAL STATUS On July 19, 1988, the Planning Commission approved Negative Declaration No 88-18 for the pro3ect itself FUNDING SOURCE Not applicable ATTACHMENTS 1 Area map 2 Subdivision Agreement 3 Monument Bond 4 Faithful Performance Bond 5 Labor and Material Bond 6 Park & Recreation Surety Bond MA TR gbm RCA - 11/7/88 -3- (1519d) GARFIELD CC CZ--/, R4 0 CZ 7' r M�2 o c R4-0 CI—0 s M2-01 cc cz Gti lk 2 ROS-0 \ -- R4 Of e O b I SOS {� R • \ OS 00cz G� - B R4-Ola �+ RI _ R Ros-� lk RI R4 29 0 CZ $4 �V R4 01' RL � R' R I RI Q� RI R3 17 0 CZ R2 Ph C`2 R4 RI 4 � 7R9 RzaDa � � o ROS 0 �4> °oo� < C .� R4 01� R4 01 y N --5�= 4-p .,.-�� U V Z \ � o �R2 PD 0 CZ R4 0 i� o A ,p R2-PD 0 C a 4 &r�sc 'a R2 PD 0 CZ 57 s o�` Q/ Q A3 ZPoau \ RI / 4 c� \ R2 PD 0 CZ a p � as ni (-7 y FT 1 35`21 i. Ie L 0 qJ HUNTINGTON BEACH HUNTINGTON REACH PLANNING DIVISION 1 BOND o 11141236lo2 PREMIUM- $2 974 SURETY BOND - kNOWN ALL MEN BY THESE PRESENTS FHAT WE PENINSULA 1 PARTNERS, A CALIFORNIA GENERAL FARTNERSHIF AS PRINCIPAL AND THE AMERICAN INSURANCE COMPANY A CORFOFATION CREATED ORGINIZED AND EXISTING UNDER AND BY VIRTUE OF THE LADS OF THE STATE OF NEW JERSEY, AND DULY LICENSED TO TRANSACT A GENERAL SURETY BUSINESS IN THE STATE OF CALIFORNIA AS SURETY AFE HELD AND FIRMLY BOUND TO THE CITe OF HUNTINGTON1 BEACH IN THE SUM OF THREE HUNDRED THIRTY THOUSAND FOUR HUNDERD SIXTY MINE AND 42/1( C), LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO RE FfiID TO THE SAID CITY OF HUNT I NGTON BEACH FOR WHICH F AYMENT WELL "ND TRULY BE MADE, WE BIND OURSELVES, OUR HEIRS EXECUTORS 4ND SUCCESSORS .JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESFNTS THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT WHEREAS THE PRINCIPAL IS THE SUB-DIVIDER OF TRACTS 13821 AS SUCH TERM I3 USED IN THE HUNTINGTON BEACH ORDINANCE CODE., ART I CI E 996-B AND PRINCIPAL IS REQUIRED Be SAID ARTICLE 996-B TO PAIr A FEE OF $330,469 00 IN LIEU OF THE DEDICATION OF LAND FOF PARP AND RECF EAT I ON F URF OSES PRIOR TO THE RECORDATION OF THE F I HA_ M--F FOR TFACTS 13527 1 13821 AND PRINCIPAL HAS REDUESTED DEFERRAL OF THE TIME TO FAY IN LIEJ OF FEES UNTIL THE ISSUANCE FOR A CERTIFICATE OF OCCUPANCY OR THE FINAL INSPECTION OF ANY UNIT THEREOF WHICHEVER EVENT SHALL FIRST OCCUR NOW, THEREFORE, IF PRINCIPAL SHALL PAY THE PARk AND F.FCREATION FEES EXACTED BY THE CIT{ FULL / IN A TIMELY MANNED AND FRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUFANCY FOR THE FIRST 11NIT IN SAID TRACT OR PF I O; TO THE FINAL INSPECTION OF THE FIRST UNIT IN THE SAID TRACT, WHICHEVER EVENT SHALL FIRST OCCUR, THE OBL_IGATIOt4 SHALL BE EXCUSED AND SHALL BE DEEMED NULL AND VOID, OTHERWISE THE OBLIGATION WILL REMAIN IN FULL FORCE AND EFFECT IN WITNESS THEREOF, THE SIGNATUFE OF THE PRINCIFAi IS HERETO AFFIXED AND THE CORFORATE SEAL_ OF THE SAID SURETY IS HFFETO ATTACHFD AND ATTESTED Be ITS DUL! AUTHORIZED ATTORNEY Ih FACT A F DOWNEY CALIFORNIA THIS P'f-t h DAY OF OCTOBER, 1988 F EN I NSUL A l ]ERS P CAL I FOF N I A GENERAL PA€tTNEF SH I F by UWC- NINSULAI 1 , L F A CALIF LIMITED PARTNE-9SHIP GENERA F N AS FFINCIFALGLEN 41 DE-)ELOPMENT COR�SAYI O�IE I _F�I PAR DENT TH/,F A N URA PANY , AS BURET-- L ANDLIN OONEY IN FACT 1 L REQUESIP FOR CITY COUNCR ACTION E4 l Dat&, Aril ]A 1994 Submitted to Honorable Mayor and City Council n - Crnrn Submitted b� Michael T Uberuaga City Administrator ( AIPPROVED TY'COUN( Prepared by �uis F Sandoval Director of Public Works — 199 Subject Reduction of Improvement Security, Tract No 1352 M c ri y CL K Consistent with Council Policy? [XI Yeti UA Statement of Issue Recommended Action iffilysi, Environmental Status undmg Source Alternative Action Attachment, STATEMENT OF ISSUE Urban West Communities has completed a portion of the public improvements for Tract No 13527 and is requesting a reduction in the Faithful Performance Bond pursuant to provisions of the Subdivision Map Act RECOMMENDED ACTION 1 Accept Surety Bond Decrease Penalty Rider No SCR-111-3254-0003 reducing the Faithful Performance Bond from $457 000 00 to $45,700 00 This represents a 90% completion of the required curb gutter, sidewalk street paving sewer water and storm drain construction 2 Instruct the City clerk to notify the developer Urban West Communities, and the City Treasurer to notify the bonding company The American Insurance Company, of this action ANALYSIS The City Council on November 7 1988 approved Final Map No 13527 accepting bonds for faithful performance labor and material and monuments The developer has completed 90% of the required curb gutter sidewalk, street paving, sewer water and storm drain construction and is requesting that the faithful performance bond be reduced by 90% pursuant to California Government Code, Section 66499 7(a) and Huntington Beach Municipal Ordinance, Section 9973(b) The City Engineer has determined that the partial completion of said improvements have been constructed in substantial compliance with the approved plans and specifications and recommends approval of the requested bond reduction ENVIRONMENTAL STATUS The Planning Commission on July 19 1988 approved Negative Declaration No 88-18 foi this project r I/ Request for CjtS Council Action • • Reduction of Improvement Securitv April 18 1994 Page 2 FUNDING SOURCE There is no cost involved in the recommended action ALTERNATIVE ACTION Deny the recommended action ATTACHMENTS 1 Location Map 2 Decrease Penalty Rider No SCR-111-3254-0003 LFS REE BPC bpc 13527RED DOC DM 3L tC T IONHL DISTRICT MAP 3-6-II ==- =---t-= CITY OF UNTIT GTON BEACH oR kNGE COUNTY, C kLIFORNI -i USE OF PROPER\\AP AVENUE L i I � � W N TRACT NO 13527 f\ W J � L Al _ 4 1 � � T f TRACT NO 13527 LOCATION MAP ATTACHMENT NO ] 1 • • CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Robert E Eichblatt, City Engineer From Steve May, Principal Civil EngineerA Wt-- Date April 21, 1994 Subj COUNCIL INQUIRY - AGENDA ITEMS E4, E5, E6, APRIL 18, 1994 HAVING TO DO WITH SECURITY BOND REDUCTIONS SUMMARY OF RCAs Developers of three different tracts have requested up to 90% reduction of faithful performance bonds on the basis that portions of the bonded public improvements have been completed to the extent of the requested bond reductions JUSTIFICATION FOR REQUESTED REDUCTIONS The requested reductions are allowed by, but not required by, California Government Code, Section 664921(al and Huntington Beach Municipal Code, 9973�)Code, Section 9973�) The Public Works Inspector has verified that the value of completed unprovements exceed the requested reductions, and that the remaming security would be sufficient to complete all required public improvements Additionally, there are still homes which have not been released for occupancy as listed below TRACT NO TOTAL LOTS IN TRACT LOTS NOT YET RELEASED 13527 26 21 13625 56 40 14277 11 11 PAST PRACTICE AND PRACTICES IN OTHER CITIES The following bond reductions have been approved by the City Council in the past TRACT NO APPROVAL DATE TRACT NO APPROVAL DATE 13569 02/19/91 7547 02/18/75 12054 04/21/86 8050 04/21/75 10068 05/01/84 7601 - 10/07/74 10069 12/19/83 7473 - 11/06/72 9221 07/06/81 7246 - 12/06/71 9220 07/06/81 7010 06/07/71 7991 11/15/76 5965 02/02/70 7005 01/19/76 6003 12/06/65 7772 05/15/75 Page 1 of 2 _ r C ` � Robert Eichblatt Council Enquiry - Bond Reductions April 21, 1994 Following is a summary of practices in other cities within Orange County, as determined by a telephone survey CITY POLICY Irvine Allowes bond reductions, but they have never had a request Westminster Allows up to 85% bond reduction Santa Ana Recently allowed bond reduction for Tr No 13804 Newport Beach Allowed bond reductions, but they have not had a recent request SWM sw n Page 2 of 2 AN,S�� SURETY BOND Premium$ DMMANMFIREM INCREASE OR DECREASE PENALTY RIDER Descnptron of Bond S11RDT V T S T QN WMAMMFNTS - TRACT #1 W 7 Bond No SC' 111-- -32 5 non n 03 Know all men by these present that we UWC - PENINSULA T PARTNERS Principal and THE AIERICAN INSURANCE COMPANY Surety infavorof THE CITY 017 HUNTINGTON BEACH Obligee do hereby jointly and severally change the penal amount of this bond from FOUR HUNDRED FIFTY SEVEN, THOUSAND AND NO/100 dollars($ 4S7,000 to FORTY FIVE THOUSAND SEVEN HUNDRED dollars($ 45,700 ) effective from the 1ST day of SEPTRIBER 19 93 The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums Signed and sealed this 2 7TH day of JANT TARY ;P_ ACCEPTED The above is hereby agreed to and accepted UI9C :; T PRINCIPAL THE CITY OF ERMINGTON REACH By OBLIGEE APPROVED AS TO FORM G enn W i ardosQ Exec Vice P i dei By 11 1 TI'fI.E TM AM NS CL QQMAa 8 q Attest CITY ATTOR11EY BY TrT Y E &KNDL ATTORNEY IN FACT Deputy City Attorne71 360717478 I have received surety bond for Tract No 13527 - reduction of improvement security on behalf of the Treasurer's Office Dated By 0.