HomeMy WebLinkAboutTract 5787 - No dedicated Streets 0
TOPIC FILE NO �
Tract #5787 LEGISLATIVE HISTORY RECORD 10$ {
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DETAIL
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Freeway Industrial Park
' DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE #
Final Adoption of ma - ce dedicated 3.m r - sxbj to cond 8 136
4/5/65 Subdivision Agmt approved 169
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108 Tract #5787 i
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114
April 12, 1965
Freeway industrial Park
c/o John A. Murdy III
334 Lido Nord
Newport Beach, California
Gentlemen:
The City Council of the City of Huntington Beach at their regular
meeting held Monday, April 5, 1965, approved the Subdivision
Agreement and agreement-in-lieu of IWovement Bond, for Tract
No 5787, which has been duly executed by the Mayor and City
Clerk
Enclosed please find three copies for your files.
Sincerely yours,
Paul C Jones
City Clerk
PCJ:sg
Enc: (3)
It� O
Avril 1, 1965 C/TY CLE �+
Copy
Honorable Mayor
and City Council
City of Huntington Beach
Subject Tract No- 5787
Subdivider
F eeway Industrial Parl-
Gentlemen
Transmitted herewith are•
Bbnument Bond No, ---
Three (3) copies of the Agreeme&,-fn---Mu of
mprovement Bond
2 copies of the Subdivision Agreement
for the subject tract. '! --ba- - -�• .
The
agreement-in-lieu of improvement bond should be accepted
by the City and the Clerk instructed to file one copy, and
return the remaining copy(ies) to the subdivider. The sub-
division agreement should be accepted by the City and the
Clark instructed to file one copy and to return one copy to
the subdivider. All instruments have been approved for
amount by the Director of Public ►forks and for form by the
City Attorney.
Very Y Yours,
J es A. Wheeler
�c9ector of Public Works
JT9.JKM:cn
Encl.
• �S � 11FR � C O
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4� L
Orange County Title Company
421 NORTH MAIN STREET SANTA ANA CALIFORNIA KIMBERLY 7 6892
March 11, 1965
Mr Paul C Jones
City Clerk
Huntington Beach, California
Dear Mr Jones
In Re Tract No 5787
Order No 1009193
As a representative of the Orange County Title Company, I
hereby certify that Tract No 5787, if released to said
Orange County Title Company, will not be released, except to
the County Tax Collector, County Clerk, and/or the County
Surveyor, and in no event will said map be recorded until
authorized by the City Clerk, Paul C Jones, or his Deputy
William H Bruns
Assistant Secretary
WHB mkh
AFFILIATED WITH
First American Title Insurance&Trust Company
Member of California Land Title Association
CITY OF HUNTINGTON BEACH ALPHABETICAL FILE
X] BUSINESS Th I e e t tl only th ondu t of t ness shown at the add ess shown by
❑ WHEEL TAX the pe so o pe so s to whom the I se ssued Th s 1 e e s no t nsfe able
Th I e 2�C _ T-` � EXPIRATION
❑ DERRICK al d f om - i# to m do ght--�6 <
❑ OTHER R w I d the d y follow q p at on d to DATE
DELINQUENT PENALTY IS 10/ PER MONTH
DATE TYPE OF BUSINESS AMOUNT PAID qzz'
nbvi'"die*Lopr vemou#r Cons t -* W--4-
2-214-65 *ion & 8#111 a Tr4a* #5787 600.00 1- -
BOND TO PLATE NUMBER ry1
From my 1114vistr Cal jpaz*
U4* Xor
STATE LICENSE NO
POST IN A CONSPICUOUS CITY CLERK
Y
1
1�6TQ,�►6
N Huntington Beach Planning Commission
-• — - g P O Box 190
�TtCti Z City Hall
Huntington Beach, California
March 1, 1965
L E T T E R O F T R A N S M I T T A L
TO HONORABLE D1 AYOR AND CITY COUNCIL, City o �� �a•.
ATTN DOYLE MILLER, City Administra q -ppROv�D BY
RE FINAL TRACT NAP NO 5787 ---- 1--' 19
Gentlemen - �' r-L ��
�-- CITY CLERIC
Herewith is the final map of Tract No 787
SUBDIVIDER FREEWAY INDUSTRIAL PARK
334 Lido Nord
Newport Beach, California
ENGINEER SOUTH BAY ENGINEERING CORP
43 Malaga Cove Plaza
Palos Verdes Estates
LOCATION 650 feet south of Edinger Avenue , west of
Gothard Street
LEGAL DESCRIPTION Being a subdivision of Lots 4 and 5 ,
Tract No 4064
NUMBER OF LOTS 6
TOTAL ACREAGE 10 159
The map has been certified by the City Engineer and the
Deputy Secretary to the Planning Commission to be true and
correct in accordance with provisions of the City Subdivision
Code
The City Council may accept dedication as shown on
the map and in addition approve the Final Maps subject to
the following conditions%
The City Clerk's signature shall be withheld pending
the submittal and completion on the enumerated requirementas
10 Deposit of fees for waters sewers drainages
engineering and inspections,,
20 Bond for improvementso
3. Signature of agreement.
4. Certificate of Insurancee
5o Approval from County Surveyor.
6. Bond for monuments,,
?a Deed for Underground dater Rights,,
CERTIFIED BYo
K A REIynolds , Deputy Secretary
SUBDIVISM4 AGRLTT?0Tr
THIS ACIRLSMNT dated tray 24th day of February 9
19 65, by ane
BL 7 LE ?
CITY OF HUNMIGTON BLACH
a municipal corporat-on,
hereinafter for convenience
referred to as
CITY
FREEWAY INDUSTRIAL PARK,
A Cozpoxations hereinafter
for convenience referred to
as
SUBDIVIDER
'W I T N E S S E T H
41HLREAS, Subdivider is tie ovmer of a tract of land in the
City of Huntington Beach, California, which it is seeking to subdivide
into lots nand to dedicate certair streets, alleys, and other improvements
therein to the public use, and is about to file with said City a map
of tlw Tract of land know as Tract '1oa 5787, and
ti'MREAS, as a condition to the appivval of said subdivision map and
the acceptance of the dedication of the streets, alleys, and other
improvements in sa-+d subdivision, said subdivider is required to enter
into an Agreement with The City of Huntington Beach to do and perform
the work hereinafter specified and to execute and deliver to the
City of Huntington Beach, a bond for tns faithful performance of said
Agreement and for the payment of all labor and materials in connection
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thereiNith, as required by Sections 11611 and 11612 of the Business and
Profesgions Code of the State of California and Sections 9931..25, 9931026,
9931. 7 and 9931.28 of the Huntington Beach Ordinance Coda,
NO % TITE'Z.rOTIE, in consideration of che premises and agreements
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of the parries as heretn set forth, the parties agree as follows-
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1, St o0a,,.Lda3 does I�erebj agree Tc, coo and perform �ha f'ollo-a-
ing work., the, coo tw of which h- s been entima-God oy the Director of F-iblie
oaks to be the sum of ? `f 3I 500 "v
ok—
For the construcr,2on of streets, including excavatioaq paving,,
rruros, gutters and s3 deha7lcs, and tree planting, etc, setyez s,
including construction of main lines and house connections
and strurbures, street lights, street signs, construction of
domestic water system including the construction of grater
mains, house laterals and installation of meters, engineering
costs, and any miscellane(-as requirements as may be sot forth
in Chapters 99, 35 and 30" of the Huntington Beach Ordinance
Code, and
all of which said -voik shrill be done and performed in accordance oath
plans, sped fieatiors and profiles winch have been approved by the Director
of Public Works and .€Y led in the office of the Director of Public 5 orks
and all of which work shall be done at the sole cost and expense of the
Subdivider and as a condition for the approval of said map and the acceptance
of the dodiedtion of Qaid streots, alleys and other improvements, and said work
shall be completed on or before nine (9) months from the date hereof,
and all labor and material bills shall be paid.
20 Said Subdivider shall faithfully perform all of the work
agreed herein to be done by Subdivider and shall fully indemnify and
sane harmless the City of Huntington Reach from all cost and damage which
it may suffer by reason of failure so to do and shall fully reimburse
and repay the City all outlay and expense which the City may incur in
makinf, good any Quch default.
3. Subdivider further agrees to take out and keep in force
until the completion of the work herein agreed to be done by Subdivider,
at Subditii.deras expense, public liability and property damage insurance
in which City shall be nod as an additional insured to protect City
against any liability to the public incident to the use of, or resulting
from any accident occurring in, oz about the streets, highways and
public places dedicated to the public by said Tract hap, the liability
under such insurance to bo not less than w610 },C?OO ')0 for any one person
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'?-vi jwsra ox 0,300,000,C0 fof iy one arcade It or *5,,000,00 proper-Dy
damage.
4. That s9.id 'pity shall, not, nor .3hall axW officer or employee
thezoof,. be 1-1 able or responsz.ble for any accident, loss or damage
bapt-)ening or occurring to the works specified in thiw contract prior to
the completion and acceptance of the same, nor shall said City nor any
officer or amployse thereof be liable for any, persons or property
injured btu reason of the nature of said wrkr, but all of said liabilities
shall be assumed bf said Subdivider. S-4i.d Subdiv*Lder further agrees to
protect said City and the officers thereof from all liability or claim
because of, or arising ort of, the uie of any patenb or patented article
in the construction of said work.
5. That it is further agreed that said Subdivider will at all
times froin the acceptance by City Council of the highways offered for
dedication in said tract up ro the completion and acceptance of said
work or i-ipiovement by said Board, give good and adequate warning to
the traveling public of each and every dangerous condition existent in
said highways or any of them, and will protect the traveling public
from such defective oz dangerous conditio-is. That it is understood and
agreed that until the completion of all the improvements herein agreed
to be performed each of said highway not accepted as improved shall be
under the charge of said Subdivider for the purpose of this contract,
and said Subdivider may close all or a pomion of any street whenever
it is necessary to protect the traveling public durinp, the making of
the improvements herein agreed to be made. And the Subdivider hereby
agreos to -oay for such inspection of highways as may be requ-.red by
the Ditpretor of Public corks of the City of Huntington Beach.
6. Mat in the event suit is brought by the City to enforce
the tozrns and pzovisions of this Agreement or In any bond gwon to
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see<<ye Vie pF af� ^races he�c�af, a xF-wsonable atbo«loy's fee, to by
fazed by tar- Gowtil, sha1 be paid by the 5ubdavlCtore
IN ilTNIE,SS Mr NLOF, the parties I'mve o secutad this AgreomewG.
FREEWAY, INDtTSTRIAL PARK
A Gornoration �� w
13Y A fk
r 6enb 90
$y
Secretary
SUBDIVIDLR
CIr Y OF HUN iI I'MD IJ BEACH,
a municipal corporations
BY,
Or
ATTEST
c
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1 Cl + All
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STATE.. OF CALI F OMI& )
ss
COUNTY OF OTC NGE )
On tha.s 77�- day of , 19e9; before me
a Notary Public in and for said County and State, personally appeared
0� , known to me to be the Flayor ana�--�(2 S
knoim to me to be the City Clerk of the City of Huntington Beach, the
municipal corporation that executed the iwithin instrument, known to me
to be the persons who executed the within instrument on behalf of said
municipal corporation and acknowledged to me that such mumclpal corpo-
ration executied the sameo
OFFICIAL SEAL _
EBNMESTMA ®1 FABI®
W py NOTARY PUBLIC CALIFOR141A
PRINC PAL OFFICE IN Notary Public in and or aid
ORANGE COUNTY County and State
ERNESTINA DI FABIO NOTARY PUBLIC
In and fo th Co my of O ng Stat of Cal forms
My C mm on Eap e J n 26 1965
STATE OF CALIFORNIA
Caty Hall Huntington B ach Cal
)
ss
COUNTY OF ORANGE )
On February 24 , 19§5- before me 'ETHEL S GERBER
a Notary Public, -in and for said County and State, personally
appeared John A Murdy III and ,
known to me to be the President apd theSecretary
of tho corporation that executed the within instrument, and also known to me
to be the persons who executed it on behalf of such corporation, and acknow-
ledged to me that such corporation exccuted the same, and further acknowledged
to me that such corporation executed the within instrument, pursuant to its
by-laws or a resolution of its Board of Directors.
I
ETHEL S GERBER Notary PdMc _
My commission expires
My Cdlhmissfon Expires Dec 2 1966
5.
Cc
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THREL PARTY AGREUENT
THIS AGRZEMNT, made and entered into this
day of — 19�J by and between s
CITY OF HUNTINGTON PEACH, a municipal corporation, Party of the
First Part, and FREEWAY INDUSTRIAL PARS as the principals
as described under paragraph Eighth of thxa Agreement, Party of the
Second Part, and BANK OF SANTA ANA _ ,j Ply of the Third Panto
X I T N E S S E T H
THAT HERE.AS, the Party of the Second Part has submitted to the
City Council of the City of Huntington Beach a Tract Map for Tract
No. 5787 and has requested the City Council to finally approve maid
Tract Map and such action has been taken by said City Council; and
"HERLAS, as a condition to the approval of said Tract slap for
Tract No. 5778,7 and the authorisation for the recording thereof and
the acceptance of the dedication of the streets, alleys and other
improvements in said subdivision,, said Party of the Second Part is
required to enter into an Agreement w-.th the City of Huntington Beach
to do and perform the Rork hereinafter specified and to Day for all
labor aid materials in connection therewith as required by Sections
11611 and 11612 of the Business and Professions Code of the State of
Calif�,rma and Sections 17310159 9731.16,, 97.31. 17, and 9731.18 of the
ftxntingtu n Beach (,rduidrice Code, and
& ALAS, the Party of the Second Part 'ins agreed to fumish
or cause to be furnished and pay for all labors materials and equipment,
and p%.rform or cause to be performed and pay for all work to make and
"--f `)let 3 -4' C- f-,,911JW-ne, 7."PY'ovm..La-its inside 0" ticag C� T-aC" 'o. 5787 ¢
S+l
and 7inesf incluaing aianhoJaa9 ho Aso coanncctions and/stric,tures, and
la
al) riatcr mina, r--tera, house laterals, any any inisrcllancous
regtdrwents iaszds of sa-Ld Pra,ct No. 5787 ,and pay all costs of
Engxneer.Lng nace-sa-y in connection therewith., all in accordance, with
the plans and specifications of the Director of Public Works of the
City of Huntington Beach, said 3.rnprovements to be completed on or before
nine: months from date, hereof, and
114_11�45, in Lieu of the post.ng -inth the City of Huntington Beach
of a surety bond or deposit, as required by Section 11612 of the
Busaness and Professions Code of the 5ta�Ge of California,, the Party
of the Second Part desires to deposit wi6h the Party of the Third
Pact cash, in '.lawful money (,f the United States., in an amount estimated
to be necessary to pay for the cost of all labor, materials and equip-
ment and the performance of all work for the installation and completion
of said irnprovments, as a guarantee than the: Party of the Second Part
will make and complete said improvements as herein required and pay the
cost theraof
NO,1 THZTZLFORi., FUR AND IN CONS MERATION W THE IFUTUAL
CONVZNANTS AND M?4ISES OF THE PARTIES FiE`�%T0, AND UPON THE
EXPRESS TEMIS AND CONDITIONS HETZEINArTER SET FORTH, IT IS
AGRCLD BY k"ID 'RE110C 1 THEM., EACH FOR T'iE OTHER, AS F`OLLJ tS
FIRST That in consideration of the final approval of the reap
for said Tract No, 5787 and the recording thereof, said Party of the
Second Part does hereby agree to deposit with the Party of the; Third
Part pursuant to Section 11613 of the Business and Professions Code of
the State of California,, the sun of)1�0 0 _
lawful money of the United States to be hold by said '4`hird Party in accord-
ance with said Section 11613 of the Business and Professions Code and
Sections 9731.14, 9731.152 9731.1.6., 9731.17 and 9731.18 of the Huntington
Bach Ordinance Code.
to (a) The Party of %he Second Part agrees to furnish or cause
to be f arnished all labor, materials and equipment and to perform or cause
to be performed all work, and to make the improvements hareinabove specified
and described in a good and workmanlike manner, all in accordance ed,th
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t3iti) �ilaas pr, sr,rcis-Lc tons %f Vic " rector of Public llonks of the G31,v�
of ?-jxl�_,agluon P-ar,h and to nav all Tosco of such lab.,r, matexials and
cqusr iient avid for the perform),ncc of said , orti at the t).me and irs 'Uho
m_-jmca a,=, r.quiTad by the CLc of 11wtington Beacri said irnprovcmcnnts
Lo b-B completed on or boforo sine months from date hezeof,
(b) Ttau the mor py depocLted by the P-ir°ty of the Second Part
va�h tf e Party of the Thy i d Par ty to bo hola as security fog the furnijhalag
of all labor, maberi-als and equipment, and tho performances of all vrork
to mete anct connlote the irrprov meintis aforesaid an Tract No. 5787�y
rnay oe used from and aft-or Vie execution of ;htis agreement to make
progress paymen,�s to p-ay for materials furniohed and labor perforrred for
tl-u-. makLng., insta3lation and r-umpletion of said irmpgovemmnts -as folloes
(c) That progress paynea6s shall be made not oftener than tvrice
monthly, and In the maiLner hereLn provided,
(d) That all such progress pa,,msents shall be made d..rect,ly by Me
Party of Vae Eh.Lrd Part to the, person., fiim or corporation furnisha.ng such
matariaal s or perform_ng such labor..
(e) That the Party of the Third Part shall provide approved
insp&ct Lon to certa f" the quant -Lty of work performed for the purpose of
paying for said work, the inspection to be made by or under they super—
vision of � wM a Civil Engineer licensed by the State
of California, and approved by the Director of Publie Woeks said cartifica—
tion to be submitted aeith invoices or bt11s to the Director of Public
Noxks.
(f) That, no progreas payments shall be made until the Director of
Public orks hao revievred and approved the certification and given written
noTcice to the Party of the Th-L d Part..
(C) That ro progress payment shall be made for more than ninaty
per cent (900) of the value: of any installment, of work,
(h) 117-2t cart)£).cation of work performed shall not constitute
(anal acc,eptwice oy the City,
(i) "Loat no prowess payments shall be paid except for matemO
aid eau).prnant furru ,lea fur sure -improvements or labor perfoimaa on Tha
�morovcmcnts Rnanno pajment.s shill be made unless or until )temized
staterm.nts of ^uch mitorials furnished equipment used, or labor performed
has been approvLa by the Party of rhe: Second Part or 'its authorized agent
desiprated in vrriting to the Party of the '7r1ad P?_t, and filed with th
Party of the T1iira Par"-. 3..
(�) Ihat alb. of the funds deposited with the Party of the Mird
Part for pint of labor, materials, etc., and not paid out in progress
payments, as oereinbefore set forth, shall be hold by the Party of the
Third Part until the Director of Public ,orks D-as certified to 100% com—
pletion o*i the project and for a further period of 35 day:, after the
filing of notico of comletion of said tract improvements,, or in the event
of failure to file a notice of completion, until 90 days after certification
of completion by the City.
(k) That the Director of Pub13 c Works vall be furnished w1 th a
cony of the recorded notice of completion.
(1) That the Director of Public Forks will be furnished with true
and conformed copies of contract documents for all improvement work performed
under this agreement
SECUND That if the Party of the Second Part shall well and truly
furnish or cause to be furnished all labor, materials and equipment and
perform or cause to be performed all work herexnabove specified to be
performed within said period and make said improvements as herein agreed,,
then this obligation shall be void upon the delivery to the Party of the
Third Part of a staterrLent signed by the Director of Public orks of the
City of Huntington Beach certifying to the completion of said improvements
to the satisfaction of the City of Huntington Beach and in accordanco with
the specifications of the Director of Public %lorks of the City of Huntington
Beach, but.. in the event that said party of the Second Part shall fail to
furnish or cause to be furnished all labor, materials and equipment and
perform or cause to be performed all work required to make and complete said
improvements as herein specified and to pay therefor, all within the time
and in the manner herein set forth,, then and in that event said Third Party
shall.9 upon demand by the City of Huntington Beach,, pay to said City of
Huntington 'Beach said sum deposited wzth it or so much thereof as the �
Director of Public 'Forks of the City of Huntington Beach shall certify is
required to make and complete said improvements,, or so much thereof as
shall remain in said fund in the event that a portion thereof has been paid
out in progress payments.
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The Party of the Third Part heroby agrees to hold said funds
so deposited ;v th it in accordanco oath all of the terms and
conditions herein set forth,, and upon failure of the party of thg
Second Part to furnisn or cause to be furnished all labor, materials
and equipment., and perform or cause to be performed all work herein
required to be furnished and performed by said Party of the Second
Part and to mal-e and install the improvements hereinabove specified, and
upon receipt of a certificate of the Director of Public 'oaks of the City
of Huntington Beach certifying that said labors mateAals and equipment
have not been furnished and said work has not been performed and said
improvements have not been made, installed and completed in accordance
witn the plans and spocifications of the City of Huntington Beach,
as furnished by the Director of Public +orks and within the time herein
required., than said Party of the Third Part will pay to the City of
Huntington Beach the amount of money deposited with it by the Party
of the Second fart and held as security for the making of said
improvements in said tract No, 5787 , as hereinabove more particularly
set forth in the performance of this agreement., or so much thereof
as may be certified by the Director of Public + orks of the City of
Huntington Beach would be required to make and complete said impmvements.,
or in the event progress vayments have been made prior to default
hereunder, then pay to the City of Huntington Beach so much of said
funds as shall remain in the hands of said Party of the Third Part at
said time But, if said Party of the Second Part shall well and truly
furnish or cause to be furnished all labor, materials and equipment and
perform or cause to be performed all services and work necessary to
make and compin to the improvements in Tract No. 5787 as hereinabove
more particularly mentioned and described in accordance with the
specifications of the Director of Public a+orks, within the time required.,
the Director of Public +7orks of tie City of Huntingtm Beach shall deliver
to said Party of the Third Part a certificate, in writing., certifying that
said improvements have been made and completed as herein required., and upon
receipt of such certificate the funds deposited with said Third Parry, or
so much thereof as shall retrain in its hands., shall be disposed of
as directed by the Party of the Second -art with the consent and approval
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of ;he Pamy of the Turd Part,
Upon xaillare of tre Party of the Tha rd Part to hold and chsbarse
said funds as herein provided, or comply with the terms of thib agree—
ment, it shall become liable to the City of Huntington Peach for all
loss or damage suffered by the City of Huntington Peach by reason of
the failure of said Party of the Second Part to make and Lngtall
i-provements in said Tract No. 5787 as hereto roquzred, but not
exceeding the amount of the deposit hecvin required to be made by the
Party of the Second Part with the Party of the Third Part.
All charges and fees shall be paid by the Party of the Second
Part, and the City of Huntington Beach shall be at no expense or
otreraise obligated under th3.s Agreement.
THIRD It is hereby understood and agreed that the time for
completion of sa:.d improvements in said Tract No. in nine months from
and after the date hereof, subject, however, to delays caused by
reason of a auspens3.on ordered by the Director of Public Works for a
cause not due to an act, default or omission of the Party of the Second
Part or because of any other act of neglect of the City of Huntington Beach
or its agents, officers or employees, vithoat contributory fault or
negligence on the part of the Party of the Second Part, its agents,
employees or subcontractors, or if the work should to delayed by fire,
storm, flood or other acts of God, by war, or acts of public enemies,
by strikes, by unusual delays, unavoidable casualties or causes beyond
the control and without the fault or negligence of the party of the
Second Part, or for any other reason which, in the opinion of the Director
of Public ftrics is proper Justification for such delay, the tine of
completion shall be extended for a length of time equal to the delay
caused by andcf the above mentioned causes.
FOURTH The Party of the Second Part agrees to execute and file
a notice of completion promptly upon the completion of the furnishing
of all labor and materials and the making and completion of said
improvoments.
FIFTH Second Party shall take out and keep in force until the
completior of the work herein agreed to be done by Second Party, at
Second Party's expense, public liability and property damage insurance
6.
1
in which First Party shall be named as an additional insured to
protect First Party against any and all liability to the public
incident to the use of or resulting from any accident occurring
ins or about the streets, highways and public places dedicated to
the public by Tract No. 57787. v the liability under such insurance
to be not less than $100s000.00 for any one person a.njured or
t300s000,00 for any one accident, or "5sOM.00 property damage.
SIXTH- It is mutually agreed to and understood by all parties
hereto that, wherever herein, mention is made of a deposit of
funds held by the Third Party it is meant that such funds consist
of an absolute and irrevocable commitment of matey to the City of
Huntington Beach pursuant to the terms of this agreement,
SEVENTH. It is mutually agreed to and accepted by all parties
that concurrent with the e=cution of this Agreement the Second
Party shall make an assignment of all his rights under all contracts
which he has entered into with the sub-contractors for performance of
the work herein described to the City of Mmtington Beach, Such
assignment shall be delivered to and hold by the Party of the Third
Parts, and in the event that for any reason whatsoever, wilful or
non-wilfuls with or without fault, Second Party shall not complete as
herein contemplated then said assignment shall be handed to the
City of Huntington Beach for its use and benefit in the completion of
the herein described woaic.
EIGdTH: It is understood and agreed to by all parties that
certain corporations to vat FREEWAY INDUSTRIAL PARK
are the real parties in interest as Second Party to this Agreement,
and in order to fac3.litate the purposes of this Agreement they do
hereby makes constitute and appoint John A Murdy, III as their
agent to do all things necessary to perform under this Agreement and that
by their execution of this Agreement they confirm and ratify all of his
acts, whether done or to be done in the performance of this Agreement.
7,
CITY OF HUNTINGTON BEACH
a Yunicipal Corporation
Party of the First Part
By�
r Data
r
City rk Dave
FREEWAY INDUSTRIAL PARK
arty oft Second Part
Aut r zed Officers
Date
Seco Date
Agent
BY
Date
.47 �7, -frf
BANK OF SANpTA ANA
Party of the Third Part
Authorized Officers
By 3
Vic& - Preso Date
3 s �s
D.Ate
STATE OP CALI17OHNIA )
ss
COUNT! OV ORANCTE )
On thi u day of l96r, befoz a me,�
a Not-try Public in and for said County and State, personally appealed
, knoean to me to be the Mayor and 44�c� r
It: to me to bev b'ie City Clerk of the Csty of Hunt:Lngton Beach, the
muniL pal corporation that e.Nmauted the v.thin instrument, kno-An to me
to be the persons who executed the within instrument, on oehalf of said
municipal corporation and acknozledged to me bhat such municipal corpo-
ration executed the same.
OFFICIAL SEAL
ERMESTUTA DI vil; 0
+cs � NOTAR! PUBLIC CALF v
"t PRINCIPAL OFFICE IN —
ORANGE COUNTY Z"_
Notary Public is and for sat
County and State
ERNESTINA DI FAHIO NOTARY PUBLIC
In and to th Co my of O ans Stat of Calfo nta
SECOND PARTY My Comm on Expt June 26 1965
Caty Hall Huntington Beach Calif
S rATZ ov C'ILi F'ORNIA )
COIINTY OF ORANGE )
I
ETHEL S GERBER
On a �%__..�9 19�,-beforo me ,
a Notary Public, in and for said County and State, personally,
appeared John A Murdy, III and ,
known to me to be the President
of the corporation that executed the within instrument, and also known to rye
to be the persons who executed it on behalf of such corporation, and acknow-
ledged to me that suers corporation executed the same, and further acknowledged
to me that such corporation executed the within instrument, pursuant to al-s
by-lags or a resolution of its Board of Directors.
'ETHEL S GERBHbtary Pu 1c
Day commission exTires My CommNsion Expires Dees 2 1966
THIRTY PANTY
STATE OF CALIFURNIA )
ss
COUNTY OF ORANGE )
On March 5 ' 19 65 before me the undersigned
a Notary Public., in and for said Orancge County and State, personally.
appeared W G Corbett and L Earle Phillips
knomn to me to be the Vice President and the Secretary
of the corporation that executed the within instrument9 and also knolan to rim
to be the persons who executed it on behalf of such corporation, and acknow—
ledged to me that such corporation executed the same, and further acknowledged
to me that such corporation executed the within instrument, pursuant to its
by—laws or a resolution of its Board of Directors.
^ MARGr PET 1 COPE otaZ7 Public
No a / ^L 3 CAI forma t1y commission expires
PP I J: �L C 1: Cr IN
r ORANGE COUNTY r nr* zry Publ1C
r noe County
gtote of Ce IEornl
my Comm ci L s } j 6 1967
1�1$\Vest 17th St Santa Ana Calif