HomeMy WebLinkAboutFinal Tract Map 14448 - All of TT 14448-ART Torosian/John D 1
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND IL
DAVORGE FOR TRACT NO. 14448
THIS AGREEMENT is entered into this 4th day
of December , 19 91 , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY, " and IL DAVORGE, a
California limited 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. 14448; 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 and 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
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REQUEST FOR CITY COUNCIL*ACTIOW/ """
November 18, 1991
Date
Honorable Mayor and City Council
Submitted to:
Michael T. Uberuaga, City Administrator
Submitted by:
Michael Adams, Director, Community Developme t
Prepared by:
FINAL TRACT MAP 14448, BEING ALL OF TENTATIVE TRACT
Subject: NO. 14448, AND BONDS AND AGREEMENTS FOR TRACT 14448
APPROVED BY CITY COUNCIL
Consistent with Council Policy? [ ) Yes [ ] New Policy or Exceptio 19_2
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative ctrons, chmtm
STATEMENT OF ISSUE•
The final map of Tract No. 14448 being all of Tentative Tract No.
14448, located on the southwest corner of Warner Avenue and Leslie
Lane, has been submitted to the City Council for approval .
Tentative Tract No 14448 will expire on January 23, 1992.
RECOMMENDATION•
Motion to:
"Approve the map pursuant to the required findings set forth in
Section 66458 of the Government Code with the following
requirements : "
1. Final Tract Map No. 14448 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; and
2. Accept the offer of dedication and improvements subject to
completion of requirements shown; and
3 . 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;
i
C. Subdivision Agreement;
d. Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of the
final map.
PI O 5/85
I
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
i
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
4 . It is also recommended that the City Council accept the
Irrevocable 'Letter of Credit No 1052, in the amount of
$67, 525. 00, from the Farmers and Merchants Bank of Long Beach
and instruct the City Clerk to file it 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. "
ANALYSIS:
SUBDIVIDER: Art Torosian/John David Czaja
5142 Warner Ave.
Huntington Beach, CA 92649
ENGINEER: The Keith Companies
2995 Redhill Ave.
Costa Mesa, CA 92626
LOCATION: Southwest corner of Warner Avenue and Leslie Lane
ACREAGE: 1.24 (net)
LOTS: 1
NO. OF UNITS: 33
ZONE: R3-PD (Medium-High Density Residential-Planned
Development)
GENERAL PLAN: Medium-High Density Residential
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.
i
i
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RCA 11/18/91 -2- (1350d)
ENVIRONMENTAL STATUS:
This action to accept Final Map No. 14448 is exempt from the
requirements of the California Environmental Quality Act, Section
15268(b) .
On August 20, 1990, the City Council certified Environmental Impact
Report No. 90-1 for the project itself.
FUNDING SOURCE:
Not applicable.
ATTACHMENTS.
1. Area map
2 . Subdivision Agreement
3 . Irrevocable Letter of Credit No. 1052
MTU:MA:WC: lp
RCA 11/18/91 -3- (1350d)
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FT 14448 %.
HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
0
RE I M I
BANK
FARMERS&MERCHANTS BANK
302 Pine Ave.. Long Beach. CA. 90802
213. 437. 0011
November 4, 1991 STRONG • CONSERPAT/VE • FRIENDLY
IRREVOCABLE LETTER OF CREDIT NO. 1052
City of Huntington Beach
2000 Main St.
Huntington Beach, California 92648 Re: Full Faith and Performance
Tract No. 14448
Attn: City Attorney
Mr. Folger:
At the request and for the account of IL DAVORGE,, A CALIFORNIA LIMITED PARTNERSHIP, 5142
Warner Avenue, Huntington Beach, California 92649, we hereby open in your favor our
Irrevocable Letter of Credit No. 1052 in the aggregate amount of $67,525.00 (SIXTY SEVEN
THOUSAND FIVE HUNDRED TWENTY FIVE AND N0/100 U.S. DOLLARS) available -by your draft drawn
on us at sight when accompanied by the following documents:
1. Your signed -certification executed by a City of Huntington Beach official stating
that IL DAVORGE, A CALIFORNIA LIMITED PARTNERSHIP has not completed the offsite
improvements on tract #14448 as set forth in the agreements entered into with the
City of Huntington Beach.
2. This original Letter of Credit.
This Irrevocable Standby Letter of Credit expires at our Main Office counters, 302 Pine
Avenue,. Long Beach, California 90802 on November 4, 1992; however,, it is a condition of
this Letter of Credit that it shall be deemed automatically extended without amendment
for successive one year periods from the present and all future expiration dates hereof
unless sixty (60) days prior to any such date Farmers & Merchants Bank of Long Beach
shall notify the City of Huntington Beach in writing by certified mail, return receipt
requested, at the above address that Farmers & Merchants Bank of Long Beach elects not
to consider this Letter of Credit renewed for any such additional period. Upon receipt
of you of such notice, you may draw on us hereunder by means of your draft on us at
sight for the full amount of this Letter of Credit,, accompanied by your above noted
signed certification.
Each draft must bear on its face the clause "Drawn under Farmers & Merchants Bank of
Long Beach Letter of Credit No. 1052 dated November 4, 1991."
This credit is subject, so far as applicable to the "Uniform Customs of Practice for
Documentary Credits, 1983 Revision, the International Chamber of Commerce,. Brochure No.
400."
We hereby agree with you that all draws under and in compliance with the terms of this
credit will be duly honored if drawn and presented for payment to our Main Office,, 302
Pine Avenue, Long Beach, California 90802, on or before November 4, 1992, or any
extended date.
Sincerely,
FARMERS & MERCHANTS BANK OF LONG BEACH
BY:
BYL__ C.� Ct�%����z . �C�
I 1
i NOTICE OF C� ,PLETION WITH CONDITIONS Or� iTRACTS
� Ate
i AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE :
j FROM : PUBLIC WORKS DEPARTMENT
( Bruce Crosby
I
TRACT NO. DEVELOPER
j CONDITIONS : Date
Deposit of fees for water, sewer, .
drainage, engineering and inspection
Bond for. Improvement . . . . . . . . . . .
Signature of Agreement . . . . . . . . .
Certificate of Insurance. . . . . . . .
Bond for Monuments . . . . . . . . . . .
Labor & Material Bond . . . . . . . . .
Other :
I
igna
� I
i
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 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 and landscaping; sewers , including
construction of main lines and lot laterals and structures; street
lights; street signs; construction of domestic water systems
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
2 . ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway
improvements , including perimeter walls and landscaping required
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 its obligation as stated herein for a period of one (1)
year 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 Forty-Three Thousand, Three Hundred
and Fifty Dollars, $43 ,350 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 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS
SUBDIVIDER hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
injury to SUBDIVIDER' S employees and damage to SUBDIVIDER' S
property, arising directly or indirectly out of the obligations or
operations herein undertaken by SUBDIVIDER, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. SUBDIVIDER will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by SUBDIVIDER for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
6 . WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, SUBDIVIDER
acknowledges awareness of §3700 et seq. of said code, which
requires every employer to be insured against liability for
workers ' compensation; SUBDIVIDER covenants that it will comply
with such provisions prior to commencing performance of the work
hereunder .
SUBDIVIDER shall maintain Workers ' Compensation Insurance in
an amount of not less than One Hundred Thousand Dollars ($100 ,000)
bodily injury by accident, each occurrence, One Hundred Thousand
Dollars ($100, 000) bodily injury by disease, each employee, Two
Hundred Fifty Thousand Dollars ($250, 000) bodily injury by
disease, policy limit .
4
SUBDIVIDER shall require all subcontractors to provide such
Workers ' Compensation Insurance for all of the subcontractors '
employees . SUBDIVIDER shall furnish to CITY a certificate of
waiver of subrogation under the terms of the Workers ' Compensation
Insurance and SUBDIVIDER shall similarly require all
subcontractors to waive subrogation.
7 . INSURANCE
SUBDIVIDER shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non-owned vehicles . Said insurance policies shall name the County
of Orange, the CITY and its officers, agents and employees, and
all public agencies as determined by the CITY as Additional
Insureds . SUBDIVIDER shall subscribe for and maintain said
insurance in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1, 000, 000) combined single limit coverage. If coverage is
provided under a form which includes a designated aggregate limit,
such limit shall be no less than One Million Dollars ($1, 000, 000) .
In the event of aggregate coverage, SUBDIVIDER shall immediately
notify CITY of any known depletion of aggregate limits .
SUBDIVIDER shall require its insurer to waive its subrogation
5
rights against CITY and agrees to provide certificates evidencing
the same.
8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder,
SUBDIVIDER shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by Sections 6 and 7 herein; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled or modified without thirty (30) days prior written
notice to CITY. SUBDIVIDER shall maintain the foregoing insurance
coverages in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by SUBDIVIDER under Section 5 of this
Agreement . CITY or its representative shall at all times have the
right to demand the original or a copy of all said policies of
insurance. SUBDIVIDER shall pay, in a prompt and timely manner,
the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each
of SUBDIVIDER' S insurance policies , naming the CITY, its officers
and employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder .
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 secure
6
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:
IL DAVORGE, a California CITY OF HUNTINGTON BEACH:
limit partnership
By 4"
Mayor
Its : R7�
By.io1
I t
ATTEST: APPROVED AS TO FORM:
We-
- `c ty Clerk City A torne
REVIEWED AND APPROVED: INZIATED ND PROVED:
City A m' nistrator Director f Public Works
I
7
i, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
November 19, 1991
Orange Coast Title
640. N. Tustin Avenue
Santa Ana, CA 92705
Attention: Subdivision Officer
RE: Tract Map No. 14448
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.O. Box 190, Huntington Beach,
California 92648.
Connie Brockway
City Clerk
CB:bt
Enclosure
Received by 1, 1�7
'vL t
Dated
(Telephone:714-536-5227)
J • •
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CAL I FOR N[A 92648
OFFICE OF THE CITY CLERK
December 4, 1991
Art Torosian/John David Czaja
5142 Warner Avenue
Huntington Beach, CA 92649
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held Monday, December 2 1991
approved the Subdivision Agreement for Tract No.. 14448 .
We are enclosing herewith a duly executed copy for your
files.
Sin erely,
Connie Brockway
City Clerk
CB: bt
Enclosure
(Telephone:714-536.5227)
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
1 TO: City Clerk Date: 1a _3 .l
FROM: COMMUNITY DEVELOPMENT
Michael C. Adams
TRACT NO. I q
PARCEL MAP NO.
RECREATION & PARK FEES PAID
OTHER /
mi6fiael C. Adams
`F41� 12. 2. 1991 15:51 F.
yv E OF INSURANCE- (ao�s����_=_���_������Sec�a�a-p{
------r---------------------------- -----------_1--__-------------
_ COMPANIESAFFORDING COVERAGE17-co=M=-ANY A: SCOTTSDALE INS. CO.
;ed Insurance Services Policy #: GL8 426925
"Kearny Villa Road Eff. Date: 09/29/91 Exp. Date: 09/29/92
Seta Diego, CA 92123 -ICOMPANY B:
(619) 541-7700 Policy #: I
------- Eff. Date: / / Exp. Data:
INSURED 1=1COMPANY
C:
Policy # r
IL DAV OE WARN OJECT Eff. Date: / / Exp. Date:
C/O DA D CZAJA -{COMPANY D: IWR---
5142 WARN Policy #:
HUNTINGTON BEACH, CA. 92649 Eff. Date: j / Exp. Date:
----------------------------------------- - -------------------------------•------
THIS CERTIFICATE IS ISSUED AS INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERT. HOLDER. IT DOES NOT AMEND,
y COVERAGES
This EXTEND
ALTER COVERAGE -BY POLICIES HEREIN.
CO Y EC�AGE�7
This to certify that 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.
-------------------------------------------------------------------------------
Col TYPE OF INSURANCE I All limits in THOUSANDS
I -----------w---r------r-----------r--------------r--------:-------------`------
GENERAL LIABILITY $ 1,000 Combined single limit
IA I [X] Comm. General Liability Bodily Injury and Property
I [XJ Occurrence [ ] Claims Made I Damage {
! [X] Owners/Contractor Protective $ Bodily Injury (per person) I
3(X1 BROAD FORM PROPERTY DAMAGE $ Bodily Injury (per accident)
] $ 2500. DEDUCTIBLE PROP DAM. i $ Property Damage
I --------------------`----r----w--r--+-r4.a------------------w--_-------,--_w---
{ AUTOMOBILE LIABILITY
i [ ] An Auto Combined single limit
� [ ) Al Owned Autos ) Bodily Injury and Property
I [ ] Scheduled Autos Damage 1
� [ ] Hued Autos
[ ] Non-owned Autos $ Bodily Injury (per person)
[ ] Garage Liability $ Bodily Injury (per accident) i
$ Property Damage {
{--- ---------rw------r--------------------------------•----------r------------
I EXCESS LIABILITY $ Each occurrence
I [ ] Umbrella Dorm Aggre ate
I [ ) Other than Umbrella � Self-insured retention
---�-•-war---w--w...r------r--.».----•----- --------------------------------------'--
II WORKERS COMPENSATION $ Each Accident
II EMPLOYERSAND LIABILITY ---ease Each! Disease Policy Limit
--+ ------------- ------- f r--------- A%TO.FDHM He-------
$ GAIL HUTTON
TY_ATT
-------'----------------------."^.'--------------------$9r -- --w �'--------
Descri.ption of operations/locations/vehicles/other �g utyy Cit tEorney,
CERTIFICATE HOLDER 18 HEREBY ADDED AS AN ADDITIONAL INSURED
CJ
--{ CERTIFICATE HOLDER I ----------- I CANCELLATION J -r-----------------------I
CITY OF HUNTINGTON BEACH If cancelled prior to expiration date,
2000 MAIN STREET issuing company will send
HUNTINGTON BEACH, CA. 92648 30 days written tice to cent, holder
-- i'- ---------------
-.
- -------- thoriz d e reson ative
ALM
STATE P.O. BOX 807,SAN FRANCISCO,CA 94101-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
NOVEMBER 13 , 1991 POLICY NUMBER: 1182475 - 91
CERTIFICATE EXPIRES: 3-1 -92
r
CITY OF HUNTINGTON BEACH
DEPT. OF PUBLIC WORKS/ATTN_: STEVE MAY
2000 MAIN STREET
HUNTINGTON BEACH , CA 92648 JOB: ALL OPERATIONS
L
This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California
I� Insurance Commissioner to the employer named below for the policy period indicated. _
30
This policy is not subject to cancellation by the Fund except upon WIiXdays'advance written notice to the employer.
30
We will also give you TKI days'advance notice should this policy be cancelled prior to its.normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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.
/ ' ' vo�
PRESIDENT
EMPLOYER ' S LIABILITY LIMIT: $3 ,000 ,000 PER OCCURRENCE .
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS ' NOTICE EFFECTIVE
11 [13/91 IS ATTACHED TO AND FORMS A PART .OF' THIS POLICY .
APPROVED AS TO FORM:
G.,'= f1U`1'TO , City Attorney
BY: Deput' ity Attorney.
PRIVATE P,
V
0:
I
EMPLOYER
JOHN DAVID CZAJA
DBA: CZAJA INVESTMENTS
5142 WARNER , #106
HUNTINGTON BEACH , CA 92649
L
SCIF 10262(REV.10-86) OLD 262A