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HomeMy WebLinkAboutTract 12863 All of TT 12863 - JIM PETERS 12/5/88 �w. STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California December 5, 1988 Mayor Bannister called the regular meeting of the City Council oT the ity of Huntington Beach to order at :30 P.M. Present: MacAllister, Green. Winchell. Bannister. Mays. Silva, Erskine Absent: Nona CONSENT CALENDAR (ITEM APPROVED) On motion by Erskine, second MacAllister, the following item was approved, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: None NOTICE OF COMPLETION - TRACTS 12863 & 12897 - J M PETERS - Accepted improvements dedicated for public use in Tracts 12863 and 12897, located SE Atlanta & Magnolia, authorized the release of the Faithful Performance Bond and the Monument Bond, accepted Guarantee and Warranty Bond numbers 942940S and 942942S, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. Mayor Ranni-tar adjourned the regular meeting of the City Council of the City of Huntington Beach at ll:10 P.M. to Saturday, December 17, 1988 at 9:00 in Huntington Seacliff, 6501 Palm Ave., Huntington Beach, CA Connie Brockway ATTEST: City Clerk`and ex-officio Clerk of the City Council of the City Connie Brockway of Huntington beach, California City Clerk , West-Bannister. STATE OF CALIFORNIA ) Mayor County of Orange ) City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a. true and correct Statement of Action of the City Council of said City at their regular meeting held on the 5th day of December , 19 88 . .1 WITNESS my hand and seal of the said City of Huntington Beach this the 6th day 'of December 19 88 . Conni City Clerk an ex-o is o erk of the City Council of the City of Huntington Beach, California BY eputy i9/7a which may be incurred by reason of any work to be performed by SUBDIVIDER under this agreement, and shall provide to CITY evidence of Workers ' Compensation Insurance satisfactory to the City Attorney. 7. INDEMNIFICATION 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 judgments arising directly or indirectly out of the work or project, regard- less of the active or passive nature of any negligence by CITY except when such liability arises from the sole negligence or wrongful misconduct of CITY. This agreement extends to cover the actions and omissions of third parties as well as those of SUB- DIVIDER and CITY. 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 jurisdiction. 8 . PUBLIC WARNING AND PROTECTION: SUBDIVIDER shall at all times from and after the acceptance by City Council of the highways 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 highways or any of them, and will protect 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 highways not accepted as improved shall be under the charge of SUBDIVIDER for 5 . the purpose of this contract, and SUBDIVIDER may close all or a portion of any street 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 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: SUBDIVIDER: CITY OF HUNTINGTON BEACH: J. M. PETERS, INC. Robert J T app, Vic6 Pre or Robert Liewer, Vice Pres . ATTEST: APPROVED AS TO FORM: 4Aic#lq R. WEwTwo&4 A, CAy,CftsclC • )City Clerk �f City Attorney sr J_12 7 REVIEWED AND -APPROVED: INITIATED AND APPROVED: ity Adminis rator Director of Public Works 1 6 . Off1C1AlDSEA BETTE B STATE OF CALIFORNIA ) Notary PubNcCOUNTY OF ORANGE ) ss: ORANGE CMy Comm.fxp. On this d day of 19 r , before me, a Not4W Public in and for said County and State, personally appeared known to me to be the Mayor and known to me to be the ]yam,/ City Clerk of the City of Huntington teach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged hat such municipal corporation executed the same. ` OFFICIAL SEAL BETTE BARILLA & Notary Public-Callfernia ORANGE COUNTY My Comm. Exp. Jan. B, !g00 STATE OF CALIFORNIA Iss. COUNTY OF rlra-nq a� On March 13, 1987 before me,the undersigned,a Notary Public in and for said State,personally appeared Robert J. Trapp and Robert C. Liewer m` personally known to me(or proved to me on the E a basis of satisfactory evidence)to be the persons who executed the within instrument as C1 ii E Vice President and Vice President-SoAQxxXon behalf of o J. M. Peters Company, Inc., o the corporation therein named,and acknowledged to me that ." OFFICIAL SEAL a �i. KA-iHLEEN GOLOS o N such corporation executed the within instrument pursuant to its ;;_�-=. 'IOTARY PUBLIC-CALIFORNIA by-laws or a resolution of its board of directors. w=:'' ORANGE COUNTY c�, f my Comm Exp.Oct.6,1989 co WITNESS my hand and official seal. „g CO N O 4.- Signatur (This area for official notarial seal) • REQ UER FOR CITY COUNCIPACTION Date April 6, 1987 Submitted to: CITY COUNCIL Honorable Mayor and City Council A1�pgOVED BY CO Submitted by: Charles W. Thompson, City Administ tar _ — 9 ?` James W. Palin, Director, Development Services c p[l�"i✓!4 I Prepared by: Paul Cook, Director, Public Works 410q Subject: FINAL TRACT MAP 12863, BEING THE FINALTRACT NO. 12863, AND AND AGREEMENTS T O_ 9F-3=EN LOCATED ON THE SOUTHEASTBONDS CORNER OF MAGNOLOIA STR ETTRACTI2863 AND g45 ATLANTA AVENUE -P p� Consistent with Council Policy? [ kk es [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The final map of Tract No. 12863 being the final portion of Tentative Tract No. 12863 has been submitted to the City Council for approval. Also Section 66499 of the Subdivision Map Act requires the local agency to approve bonds and agreements for new subdivisions. Tentative Tract No. 12863 will expire on September 16, 1988. 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; 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 Development Services and "approved as to form" by the City Attorney prior to recordation of the final map. i PIO 5/85 • • 5. It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement, a. Monument Bond No. 942943S b. Faithful Performance Bond No. 942942S c. Labor and Material Bond No. 942942S 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. All of the bonds have been approved for amount by the Department of Public Works and, as to form, by the City Attorney's Office. ANALYSIS: SUBDIVIDER: J.M. Peters Co. 1601 Dove Street #190 Newport Beach, CA 92660 ENGINEER: Hall and Foreman 3170 Redhill Avenue Costa Mesa, CA 92626 LOCATION: Southeast corner of Magnolia Street and Atlanta Avenue. ACREAGE: 2.668 LOTS: 12 lots and Lot A UNITS: 12 ZONE: RI GENERAL PLAN: Low 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. ENVIRONMENTAL STATUS: Negative Declaration No. 86-4 was approved by the Planning Commission on September 16, 1986. FUNDING SOURCE: Not applicable. RCA - 4/06/87 -2- (7666d) ATTACHMENTS: 1. Area Map 2. Subdivision Agreement 3. Monument Bond 4. Faithful Performance Bond 5. Labor and Material Bond JWP:RLF:gbm RCA - 4/06/87 -3- (7666d) •` _I• I • �i ' ' REQUEW FOR CITY COUNC@ ACTION Date December 5. 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Y`c", Prepared by: F Loins F. Sandoval, Director of Public Works Al JMOVZD BY Subject: NOTICE OF COMPLETION TRACTS 12863 and 12897 -19 Consistent with Council Policy? P(] Yes [ ] New Policy or Exce ion CITY / E Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: J. M. Peters Company has completed all street improvements for Tracts 12863 and 12897 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: 1. Acce t the improvements dedicated for public use. 2. a as the Faithful Performance Bond._ 3. elease the Monument Bond 4. Accep guarantee and warranty bond numbers 942940S and 942942S. 5. , Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: J. M. Peters, 1601 Dove Street, Newport Beach, CA 92660 Engineer: Hall & Foreman, 3170 Redhill, Costa Mesa, CA 92660 Location: S/E Atlanta & Magnolia Lots: 77 Acreage: 17.372 Zone: RI-FP2 ATTACHMENTS: Sectional District Map AS This tract has been constructed in substantial accordance with the plans and , ,1�''9� specifications on file in the Department of Public Works. q PEC:BPC:dw �' 0340G $$ q D 5 PIO 5/85 i 4 � u l SECTIONAL_ DISTRICT MAP 18-6-10 _ ow CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ATLANTA AVENUE • - •�• ✓ � " ORIENT pl -,, T -T - o a S y� . • 3 r 1 i - d p 6 I 1 ® iML CF-E a PSISLER SCY.-C"_I CF-E �° _..., CFR ! I CF-R (E:.'m Riau Si.::ti::) •+1�� I I t, i A JILY C SOUTN9XORE •_.tEyv cNAu _ .tg fJ14LO CIF'_:.. C&ILt;(!Vf DRi a • : d y 4 YrEllS-CA. -'[—Jli. u. - , --.-'- e - �.[aERgl ,VILLA_ WCITIC_ _____ ___ — 6 • 9 -''- ' b�. z I \8 1 1 MO—AVEN d i YARBOR PONT CR .Yi 1 LT SRMaRAY CR ¢JN9TAR CR �:'..... Rey. -I� i RAMI AVENUE E ■a t 1 REGATTA DR. N AIN ! 'R S = I i R. -IT.OR R CR I IE I I z J d J§M�GUEL CR < R. l IT z EL ADELIA CR. M `I CR. I 1 to M IEIN NA ~ OR. �• a Q IAIDA DR. MUD N DR. ou.m+ J 3 u 3 S 0 CF-R I1 MHMTn CF-E IEdOER$CH4?i.l RAMBLER OR O WLSTRAND CR RAPAA _ F �� V • J r _ re �� CF-R x MT 6ANNING AVE. v J� City of Huntington Beach ' P.O. BOX 190 CALIFORNIA 92640 h. ' OFFICE OF THE CITY CLERK April 17, 1987 J. M. Peters Co. 1601 Dove Street #190 Newport Beach, CA 92660 Gentlemen: The City Council of Huntington Beach, at its regular meeting held April 6, 1987 approved the Subdivision Agreement for Tract No. 12863 We are enclosing herewith a duly executed copy for your files. Sincerely, Alicia M. Wentworth City Clerk AMW:pr Enclosure ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 9, 1987 First American Title & Trust Company 114 E. 5th St. Santa Ana, CA 92701 Attention: RE: Tract Map No. 12863 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. Alicia M. Wentworth City Clerk AMW:bt Enclosure Received by L Dated !Y147 ITelep!7^ne:71,S•536-E27?! SUBDIVISION AGREEMENT 6A4 a THIS AGREEMENT is entered into this ja< day of , 1987, by and between CITY OF HUNTINGTON BEACH, a municipal corpora- tion of the State of California, hereinafter referred to as "CITY, " and J. M. PETERS, INC. , a California corporation, 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. 12863, and As a condition of the approval of said subdivision map and the acceptance of the dedication of the streets, alleys, and other improvements in said subdivision, SUBDIVIDER is required to enter into an agreement with CITY to do and perform the work hereinafter specified 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 Sects1 .1%6-�99 and IP 66499 .3 of the Government Code of the State of C&i1tor;ni-a-',.;-jand Article 997 of CITY ' s ordinance code: I S : I hid Qj I �lN L8i 1 . 03A� a 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 follow- ing work in said tract: 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 Chapter 99 of CITY 'S ordinance code, and all of which 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 and all of which work shall be done at the sole cost and expense of SUBDIVIDER and as a condition for the approval of said map and 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 shall be paid. 2 . ARTERIAL HIGHWAY IMPROVEMENT: SUBDIVIDER agrees to complete all arterial highway improve- ments, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract . 2 . 3 . GUARANTEE• SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of one ( 1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE: SUBDIVIDER shall faithfully perform all of the work agreed herein to be done by SUBDIVIDER and shall fully indemnify and save harmless CITY from all cost and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay CITY all outlay and expense which CITY may incur in making good any such default . 5 . INSURANCE: SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUB- DIVIDER at SUBDIVIDER'S sole expense, a protective liability policy 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 caused by SUBDIVIDER, his employees, agents, sub- contractors, or by any third party arising out of or in consequence of SUBDIVIDER'S performance of the agreement, except where such loss, damage or expense is caused solely by the wrongful acts of CITY, its agents, officers or employees in connection with the general supervision or direction of the work to be performed under this agreement . The policy shall provide for not less than the following amounts: 3 . Combined single limit bodily injury and/or property damage including products liability: $1 ,000,000 combined single limit per occurrence. 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 policies to be so condi- tioned as to cover the performance of extra or unforeseen work, should such work become necessary. Prior to the recordation of the Final Tract Map, evidence of insurance shall be furnished in a form satisfactory to the City Attorney. In addition, SUBDIVIDER shall furnish evidence of a commitment by the insurance company to notify CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30 ) days before each expiration or cancella- tion is effective. 6 . WORKERS ' COMPENSATION: SUBDIVIDER shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, and shall indemnify, defend and 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 4 . ���.. )1.., ... ; ;.• �cs. ,',, ..::i�,� RI RI RI RI Rlo a.R� RI RI a 1 ..........,L. RI RI 5 '•�-..>(j) .—!,. r,,"f7f:�?: ..: .00 c oL RI of «l � �t 11.0.L,MA R I'+ —--- RI RI RI S r c::.,,' R I C F—E J'} r r C. i RI .... �'' RI ..,. --✓1 RI lil^PFRF M PtR+RF. i t.r.._r' �.• -. rl..' ---- 1 S —mil RI '•wReR ER I Rl RI �.... •`i Ij R I RI JIR RI 1;i RI �' r, �•� t I !R _. C RI i Z I......i 1--:....:'-' °� �j Z e RIt�7-Ri oR. G E Rl U, Rl RI RI �a Ir;t jRI' RI ` , 1 RI C4 i ��, R I a,j .4 '� t...'r i.. _. _..----- —--.. — - RI RI •. ATLANTA _ R 3- RI s e 3 RI RI RI j cr �ow+r awn t In RI RI RI RI RIS RI RI +RI ` RI $ RI JL RI RI ' Rl Mp 1 RI RI RI i R • RI I b' I CF-E �R I I RI C (... to".,+.^Mr. ]IRIR RI ".F—E KFMF..4 RI I RI IR:91.E9 PC'1WL) L RI ^:TKxr.l •r CF-ERI ^` -- RI TI.CLL •r (Enm.lN WIN C!'NMR.I s s s RI +o J�sallr h RI RI RI RI CiF-R u ..a a 1 RI r RI S� �R' f I.. R Mp.R .CLLf 91 .— Iit �;:`MM1!NITY PhRKI 4' Rl � T7` Rl �- --J. en,r• �r rc� x�F.-c �� 71 RI; R I q RI �r'"�'i �I RI _ F-TIZO63 "upin ."BE HUNTINGTON BEACH PLANNING DIVISION i �OMPLETVON NOTICE WITH COND I T 10I``N TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING 1 TO : CITY CLERK )I DATE : e 7/,P,7 i FROM : PUBLIC WORKS DEPARTMENT 6r Crosby TRACT N DEVELOPER CONDITI Deposit of fees for water, sewer, drainage, engineering and inspection Bond for Improvement . . , , , , , , , , Signature of Agreement . , , , , , , , , Certificate of Insurance , , , , , , , , Bond for Monuments . . . . . . . . . . . I.,11)(11 ,� rdo 1 -r i :i l 11oli l . . . . . . . . . c� l her : Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: PLANNING VISION Jame . Palin TRACT NO. PARCEL MAP RECREATION & PARK FEES PAID `Pi j ------ OTHER: 4 (Signat ) �i 1 I h i' f� tuRNTo, CenTIFICATE OF INSURANCE APPgOVrbAe YO adRM City of Huntirtgton fia+'tl • .TO 6 • - Ineurerice Banefits Division " P.o.•.• tgo CITY OF HUNTINGTON BEACH, CALIPOr1NIA City Attorney Huntirrgtons3mah,CA 02"8 i A MUNICIPAL CORPORATION L-� This In to certify that the petioles of Insurance as d*emllsod Io.low have hen Is.u*d to the Ineu tad by fi,n unda..Ian.d a no-In ferea as this tlme. If *k— p.alleles *re a neellsd O *h...e.J 1- —.4, a meaner th.t will-"..t U.G.rrilflvl�,the —mr.ny ear..*. to give 70 dove prior w4tton netioa,by mall,to City of Huntington Bleach, Inevranee and Benefits Division,P. 0. Boa 100, Huntington Beach,Cbl(fornle 92U8, Nama of Insured ,7 .M. PETERS COMPANT,- INC. Addressof insunwd 1601 Dove Street.. Suite 190, Newport Beach. CA Location of Work or Opwationa to be performed Atlan to And MAQ001 i ,4 Description of Work or Operations Resid@ntial DeveiApmant POLICY DATE& LIM178OF LIABILITY Nnnw of Insurnnoa Co.& POLICIES IN FORCE POLICY NO. In Thouanrda(000) Bel?Insured Retention or Ethstly Etcplret(on i • GENERAL LIASILI7Y (xi COWREHIN94VEFORM SRL3634768 07/01/86 07/01/87 Fidelity & Casualt (x] PREMISES-OPERATIONS 1,000,000 CSL Co. of New York IA 1XPLOSION AND Each 09curence COLLAPGIE HAZARD Ixl UNDERGROUND HAZARD Ixl PRODLI'M COtiWLEETED OPERATIONS HAZARD [xl CONTRACTUAL INSURANCE Ixl BROAD FORM PROPERTY DAMAGE Ix] INDEPENDENT CONTRACTORS Cc1 ►ROFMIONAL LIABILITY/ ERRORS L OMISSI" AUTOM0911.111i LIABILITY Ix COMQRBHIINSIVE PORM SRL3634768- 07/01/86 07/01/87 Fidelity & Casualt: Ix1 OWNED Texas S 1,000,000 :,SL Co. of New York SRB3352298— Ix1 HIRED Other States EeO?` "Og Ix] N014•OWNIO EXCESS LIABILITY tc] UMSRELLAPOPM 52342601.2 07/01/86 07/01/87 S 5.000.000 U. S. Fire Ins. Co ( I OTHER INSURANCE COVERAtl$ $100 (each accident) WORKERS'COMPENSATION $500 (disease olicy limit) AND RW3164930 7/01/86 7/01/87 $100 (disease-each employee) Waiver rsf eubrvWs cn from Workars'Componallon Insurer. Additional Insured n orpmentG iiq insurer egress to prop a en en orsetnent to eec pa try sfiown above of follows excluding «a rher'a eernp.l The ineuwr oareaa that the City of Nuntlr.ane 0e.oh end lts 01ty @eun.11, ■11 City Ceun.lf appoln"ereups, committees, eommletions, boards and any other City Council appointed body, end/or elective and appointive officers, servants or employees of the Clty of Huntington Beach,when acting all such are additional Insurgdli hereunder.Such Insuranca le primary end not excess or conttibullq to!ny other insurance of the City of Nuntin on Reach.-_ . Thi.oer11C.1 la frusd es• ....tHr of Informs}fan.Yhl. ,*, Iflesrt.1■not on lnhU,,*nte policy and does not emend,extend or altar the*overage wHorded by the pollcise listed hargfn,fiptwithvtending any requirement,term or condition of any cantrect or other doaur+renl with resp►ot to which this tertlfiaote of lnwranoe n,ay be Iqued or may perfetn,the In►ursnse afforded by the policies rl.erihed herein is■ub jest to all thetsrma, eaolutlone sad eenrlitlons of such policies. Fred S. James & Co. of Texas, Inc. Fidelity & Casualty Co. of New York rrorl R Tamper t, rrs n-F Tovoo Tnrn Fir1P1 -1 t-tr f, Oar-6 1 nf-tr rn ref Nc+ta vnt-v 3811 Turtle Creek Blvd. Lock Box 1 BY: .. r.. ��..-_.. =• ��f�� .�� . Dallas, TX 75219-4419 Attn: Cheryl Foster Leonard Smith; Jr. (214) 651-4000 Authorized Representative The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a.permit or license;and that it be kept current for as long as that permit or license is in force. The certificate you now have on file with the City will expire on the date shown on bottom of mailing label. Please have your agent submit an updated Certificate of Insurance,on this form prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. O. Box 190, Hunting- ton Beach, California 92648. If you have any questions, please call this office at 536-5990. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, a Sole Proprietor/General Partnership/California Limited Partnershi California Corporation Other (you must circle the appropriate choice or fill in the blank) here y agrees o e e indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter collectively referred to as City) from any and all loss,damage,cost, expense, liability, claims,demands or judgments arising directly or indirectly out of the work, project, event or other purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City. This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (indemnitor) and the City (indemnitees). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Con Any costs of defens or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be and d to 't�/Kco mp diction. SIGNED: By: Title: Vice President By: Title: Vice President If a Corporation, T e'4Slilmst sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation. 1. Q ci ', J, `R,g._ iP a Ro 0. � / 5���- 1 � I STATE OF CALIFORNIA ORANGEIss. COUNTY OF I m OnJ14Q7_ �..t_rW,nbefore me,the undersigned,a Notary Public in and for dktf- J• ------ --and n�w�! said State;personally appeared---A�—+�-� - —--- ---�— C. j�YBT _ personally known to me(or proved to me on the d E a c basis of satisfactory evidence)to be the p rsons o executed the within instrument ,�t � a President an -�Os behalf of__----------- iI E c V J.M. PETERS COW OW brC. o m cc c the corporation therein named,and acknowledged to me that o` w such corporation executed the within instrument pursuant to its CNNWM EUM U 5 [c a ruRie ouposm by-laws or a resolution of its board of directors. i wMcyw on so WITNESS my and and official seal. er Cwnmm .E.0 No 4 H1t 0 (This area for official notarial seal) Sign • CITY OF HUNTINGTON BEACH Insurance& Benefits Division P.O. Box 190 NUwI1+GIcy�IK" Huntington Beach, CA 92648 I.