HomeMy WebLinkAboutTracts Por Of TT 12863 J.m Peters 12863 & 12897 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
of the City of Huntington Beach to order at 7:30 P.M.
Present: MacAllister, Green. Winchell . Bannister, Mays, Silva. Erskine
Absent: Nnna
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 Bannister 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 q:pp in Huntington Seacliff, 6501 Palm Ave. , Huntington Beach CA
ATTEST: Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
Connie Brockway of Huntington beach, California
City Clerk
STATE OF CALIFORNIA ) Wes--Bannister
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
WITNESS my hand and seal of the said City of Huntington Beach this the 6th
day 'of December lg 88
CityConni
Clerk an ex-o c o erk
of the City Council of the City
of Huntington Beach,
California
BY
,eputy
12/78
SUBDIVISION AGREEMENT
THIS AGREEMENT is entered into this . 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. 12897, 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 Sec Aa6,6499 and
a e
66499 .3 of the Government Code of the State of �al, sf�onia,,:.and
Article 997 of CITY' s ordinance code:
1 .
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 .
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 the 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 .
.~ REQUE FOR CITY COUNC� ACTION
Date December 5, 1988
Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City AdministratorV'G
Prepared by: E Louis F. Sandoval, Director of Public Works
Subject: NOTICE OF COMPLETION TRACTS 12863 and 12897 c
- -
Consistent with Council Policy? VI Yes ( ] New Policy or Exce ionL arry a E c�3
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. e as the Faithful Performance Bond.
3. elease the Monument Bond
4. Accept 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:
f.t
Sectional District Map
This tract has been constructed in substantial accordance with the plans and 1���`
specifications on file in the Department of Public Works.
PEC:BPC:dw �y, EJ') -.►
0340G
Plo 5/85
o.
SECTIONAL. DISTRICT MAP 18-6-10
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
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JA City of Huntington Beach
449 P.O. BOX 190 CALIFORNIA 92649
=- Y =; OFFICE OF THE CITY CLERK
April 17, 1987
J.M. Peters Company
1601 Dove Street # 190
Newport Beach, CA 92660
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held April 17, 1987
approved the Subdivision Agreement for Tract No. 1289.
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 Street
Santa Ana, CA 92701
Attention:
RE: Tract Map No. 12897
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.
• diG�
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
Received by
Dated
Te!-apP2 m: 714-5736-5227i
RE UESI FOR CITY COUNCIL• N ACTT Q O
Date
April 6, 1987
-=
Submitted to: GI'rY
Honorable Mayor and City Council $Y
Submitted by: Charles W. Thompson, City Administrato
James W. Palin, Director, Development Services
Prepared by: Paul Cook, Director, Public Works -49 citY- L
Subject: FINAL TRACT MAP 12897, BEING A PORTION OF TE - T ASP
NO. 12863, AND BONDS AND AGREEMENTS FOR TR 7
LOCATED ON THE SOUTHEAST CORNER OF MAGNOLIA STREET AND„<y.e0 (�
ALTANTA AVENU1y � ��G� �V
Consistent with Council Policy? [ Yes [ ] New Policy or Exception � �5
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The final map of Tract No. 12897 being a 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•
I. Approve the map pursuant to the required findings set forth in Section 66458 of
the Government Code.
i
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.
I
PI O 5/85
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.
5. It is also recommended that the City Council accept the following bonds and two
copies of the Subdivision Agreement,
a. Monument Bond No. 942941 S
b. Faithful Performance Bond No. 942940S
c. Labor and Material Bond No. 942940S
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: 14.7
LOTS: 61 lots and Lots A, B & C.
NO. OF UNITS: 61
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- (7661d)
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- (7661d)
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FAA
HUNTINGTON BEACH
HUNTINGTON REACH PLANNING DIVISION
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.
n
r
Robert J Tr pp, ViceA es. WMay
Robert C. Liewer, Vice Pres .
ATTEST: APPROVED AS TO FORM:
Ci w 14. week.+wo �
�y. bm?- City Clerk City Attorney 47
REVIEWED AND APPROVED: INITIATED AND APPROVED:
r
City Administrator Director of Public Works
4
6 .
OFFICIAL SEAL
t STATE OF CALIFORNIA ) BETTE BARItLA
Wury Public-CaMenta
COUNTY OF ORANGE ) s s' ORANGE COUNTY
My Comm. Erp. Jan.8, 1990
tsi
On this day of 19 �, before me,
a Nota 11 ublic in and for said Count and State, personally appeared
known to me to be the Mayor
and known to me to be the City Clerk
of the City of Huntington Be ch, 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
to we that such municipal corporation executed the same.
L-tu rV--A-A IgL&-.
i
STATE OF CAI Il(ie iss.
COUNTY OF ��JJ
a�
On Ma-rCb--1_3_,—19-a7 ,before me,the undersigned,a Notary Public in and for
said State,personally appeared Robe J. TYa.Rp— _and
Robert C. Liewer personally known to me(or proved to me on the
E
a c basis of satisfactory evidence)to be the persons who executed the within instrument as
`0a
ii E Vice
resident and Vice Pre ident_Si�on behalf of
o 0 J. M. Peters Company, Inc.
m..,�.
o c the corporation therein named,and acknowledged to me that ,OFFICIAL SEAL
a
o ('n such corporation executed thewithin instrument pursuant to its iWTHLEENGOLOB
U C
by-laws or a resolution of its board of directors. ;_, NOTARY PUBLIC-CALIFORNM
ORANGE COUNTY
ro WITNESS my hand an official seal. „yy „ My Comm.Exp•Oct 8./8M
a:
0
0 Signa (This area for official notarial seal)
NOTICE OF (_/MPLETION WITH CONDITIONS _jTRACTS
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE : '7
FROM : PUBLIC WORKS DEPARTMENT
Bruce Crosby _
I TRACT N0 . DEVELOPER
I
j CONDITIONS :
Deposit of fees for water, sewer,
j drainage , engineering and inspection
Bond for Improvement . . . . . . . . . .
Signature of Agreement . . . . . . . . .
Certificate of Insurance . . . . . . . .
I
IIond (or Mc,nUmCnt . . . . . . . . . . .
I.,lhol- X rd'l i ,r i ;j I I loll d . . . . . . . . .
Signature
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
Date
TO: City Clerk
FROM: PLANNI VISION
Jam . Pa n
TRACT NO.
PARCEL MAP NO.
RECREATION A FEES PAID
OTHER:
Signature
RL'TuttN Tor CERTIFICATE OF INSURANCE APPFIOVab ae YO Pbnm
cit;iof Huntington soot+ �O
Insurance&Benefits Division
P.0.now 190 C�OF HUNTINGTON BEACH,CALIFORNIA
t Huntlrraton�esah,CA 9284R City Attorney /
A MUNICIPAL CORPORATION Q'
Tills is to certify that the polieles of insurance as datmibad below have boon Iseuad to ttra Insured by lira undar■lanod a n' rat
at thl. time. If *k046 rollei.a are aanaalleet er.h.r.g.d in .ugh .manner that will aff.ot♦N;.a.rilfl.ate,the Ineum"a.eomr.ny.a•..a
to elves 70 days prior written notice,by mail,to City c f Myntington Beach, inaYranea and Banafits Division,P.0.Box lad,f4untingnon
Beach,California 92P8.
Narneof Insured 3.M. PETERS .COMPANY. INC._ _
Address of insured 1601 Dove Street,. Suite 190. Newvort Beach. CA ))
Looation of Werk or Operations to be Porto rrned Af•i an4-a Anel MAtsnnl i C 1-�e /ZbTi3 # 1Z T/
Description of Work or Operations Residelltaal DeVelg=Gat
POLICY DATES � LIMITS OF LIABILITY Norm crf rnrumnoe Co.&
POLICIES IN FORCE POLICY NO. Effeat(ve Expiration In Thou®nds(OOt7) —Soft fro1�Retantion or
GENERAL LIABILITY
t)d COMPREHENSIVE FORM SRL3634768 07/01/86 07/01/87 Fidelity & Casualty
IA PREMISES—OPERATIONS 1,000,000 CBL Co. of New York
IA EXPLOSION AND Each Oprurenee
COLLAPSE HAZARD
Ix) UNDERGROUND HAZARD
Ixl PROD LC"CTB COMPLHT'ED
OPIRATiONti NAZARLt
tY] CONTRACTUAL INSURANCE
Ix] BROAD FORM PROPERTY
DAMAGE
ix] INDEPENDENT
CONTRACTORS
} PROPESSIONAL LIABILITY/
ERRORS A OMISSIONS
AUTOMOBILE LIABILITY
tK] COIW FIGHENSIVIE FORM SRL3634768— 07/01/86 07/01/87 Fidelity & Casualty
V1 OWNED Texas t 1,000.000 Co. of New York
SRB3352298—
tx) HIRED Other States EachOcauranoe
[x] NON-OWNED
EXCESS LIABILITY
B] UMBRELLAPDAM 23426012 07/01/86 07/01/87 5, .000.000 U. S. Fire Ins. Co.
I OTHER INSURANCE
COVERAdk
$100 (each acc dent)
WORKERWCO'MPENSATION $500 (disease—] -olicy limit)
ANU SRW3164930 7/01/86 7/01/87 $100 (disease— ach employee)
Walrsr of subrogation from
yyorkels'Compentat Ion
I ltflursr.
Additional insured n orsernsntl iFie iniu-ver--s-1-reol'to Ifrov a en en oraernent to eecg polloy shown above ON Wows excluding
wer1..►'a aomr.l The insurer caress that th. City of IduntingAan Ba.ah and Its City Counall,and/or all City Council appointed group.,
committees, oornrrtiteions, boards and any other City Council appointed body, end/or elective and appointive officers, servants or
employee+ of the City of Huntington Beach,when acting as such are additional Insureds hereunder,Such Insurance is primary and not
excess or contributing to en other Insurance of the City of Huntin on Beach.
,. •. •. .,.�,.Yr,.,
Thf.e+,r41111.1 k latuad ae a r wi or a{1r4on"stlan.7h1.ee►tlficaKs la not an Insuranea pailey and does not emend,extend or.itar the eoveraea arffordvd
by the pollcisa fisted hereln.Notwitiistandirre any reQuirement,term ar condition of any contractor ot'hardoaumtrnt with rasp►ottc which this certificate
of inwrsnae may he issued or may pvmern,the Insurance afforded by the policies described harain is sub jest to all tom terns, sxolutiorts anti vonrlitlons of
such policies. y & Casualty Co. of New York Fidelity Fred S. James & Co. of Texas, Inc.1'rmrl R Tarncaa t, tn^ r. Tv i f c nc Tnr. W1Ar-1 t-tr 1, t^rtr;ttl rtf-tr f n of Now Vnrll-
3811 Turtle Creek Blvd.
Lock Box 1 BY.
Dallas, TX 75219-4419
Attn: Cheryl Foster Leonard Smit Jr.
(214) 651-4000 Authorized Re esentative
1
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 to a en ,
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 d d to an ty a co of mpe diction.
SIGNED: By: Title: Vice President
By: - Title: Vice President
If a Corporation, TW ° st sign; or, in the alternative, present satisfactory evidence of your authority to bind your
Corporation. 1. A" C,'�!
PIO 6/86
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STATE OF CALIFORNIA ORANGE Iss.
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before me,the undersigned,a Notary Public in and for
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personally known to me(or proved to me on the
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c basis of satisfactory evidence)to be the p rsons o executed the within instrument as
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o m the corporation therein named,and acknowledged to me that
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by-laws or a resolution of its board of directors. ; 000CMWeis+Rus
m WITNESS my hand and official seal. My Common E.0 Na 4 Ign
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• CITY OF HUNTINGTON BEACH
Insurance& Benefits Division
P.O. Box 190
Huntington Beach,CA 92648