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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 1 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 1 i. 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) WARNER � � ���� ���� �������������//%���i( C4_. „OP R3 P (0)'e4,,IR1 RI RI Nwf ; 22 EL D RADO DR, v RUGER:: ¢ DR. N . I :0 en l R2RI RI IRIJ IRI 3 RI C4 . I ougBAR R2 .._.. - P R2 R I J V PENDLE�ON D Q.waruq I• s zL' to f� N I R1 RI RI RI RI R 109 R3-23 cy :====ox•., R2 DR.o RI o RI RI RI H ^ •,;.3W"° R I i a w ; �. J J BRa«Ew DR. a RI \ t R3 23 / GLENROY DR. a RI j — ;';�f23-23 SSS )u+ R R 3 19 RI R 1 �y LD uccE DR. , .,, VARTY9A----.PR•�,I/{,// 2 RI m R3�3 Phu KENILWORTH C7U _ DR RI >ea m o R — RI • � ��. GHENT DR RA-CZ RIj r� I SBB•5B'i]•wnJoo' °PEA -- J �� , ,':GIRD Oq. RI-FP2 RI °'' • RI RI RI RI g, N p ERDY DR C F-E u %/ U W o./ RI D.vaP„s::sx:<.......;:.I RI H J w+. & 1R 11 0 _ Q W 9� RI RI s' m o ; DR. y c Ir R I E. C. c. D M���l °•6tl 6a • "Ii,a.f• BEATER AVE. U RI-CZ R I Cry b1�•— N `u NO-VA M J PRICE DR. U N N N cr U z R I CZFr DR RI-Q DR. o - \ OR Dq RIDOEBURY RI-CZc3 R I . . qi- M) Et`—``Z RI—CZ +,xocAa LOURDES DR.1 . �c CANOELE 9 ,p & N e(MSAE Dq, RI CZ j R I ` • 3 /C2 V U RI-(•`Z RAPXAEL DR. 1( A <I BECK.CRC JJ.�.� •° V~ � R I DR. 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