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Home My WebLink AboutTract 13045 All of TT 13045 Robert L. Mayer (RLM Properties SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTI.NGTON BEACH AND ROBERT L . MAYER, AS TRUSTEE OF THE ROBERT L . MAYER TRUST OF 1982 FOR TRACT NO . 13045 THIS AGREEMENT is entered into this (p-f day of s. G , 1987, by and between the CITY OF HUNTINGTON BEACH , a municipal corporation of the State of California, hereinafter referred to as "CITY , " and ROBERT L . MAYER, as Trustee of The Robert L . Mayer Trust of 1982 , Owner , 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 13045 ; 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 ah 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 0 0 0 0 0 0 0 0 �i14G06u�pU°•--o,� god. L O p ISSUE DATE(MM/DDNY) 2218 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. D. L. PHILLIPS & ASSOCIATES 3151 Airway Avenue, Suite A-1 COMPANIES AFFORDING COVERAGE Costa Mesa, CA 92626 COMPANY Q LETTER CANADIAN INSURANCE CIL OF CA COMPANY INSURED LETTER FAIRMONT INSURANCE COMPANY THE ROBERT MAYER CORPORATION; ROBERT L. COMPANY MAYER TRUST OF 1982, etal LETTER 6 660 Newport Center Drive COMPANY D Suite 1050 LETTER Newport Beach, CA 92658-8680 COMPANY -� LETTER 0 THIS IS 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 CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MMIOD/YY) EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY X COMPREHENSIVE FORM INJURY $ $ A X PREMISES/OPERATIONS COM 722233 4/1/88 4/1/89 PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS .X CONTRACTUAL BI&BI COMBINEDPD $ 1,000 $ 1,000 X INDEPENDENT CONTRACTORS jxx BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY APPi:"'`_r kS TO FORM.:] $ 1,000 GfffAUTOMOBILE LIABILITY T BODILY '`TEY ANY AUTO T`� A L fvhL' (PERRPERSOM $ ALL OWNED AUTOS(PRIV. PASS.) B� BODILY ALL OWNED AUTOS OTHER THAN �._; INJURY PRIV. PASS Det,� y Attorney (PER ACCIDENT) $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI 8 PD COMBINED $ EXCESS LIABILITY A UMBRELLA FORM CUP 705919 4/1/88 4/1/89 coMe NEo $5,000 $ 5,000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY B AND F 38356 4/1/88 4/1/89 $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS & ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- THE CITY OF HUNTINGTON BEACH PIRATlQN DATE THEREOF, THE ISSUING COMPANY WILL XMXOP 2000 Main Street MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,N XDVNmzKmmKxmxf0x30xE=N& Huntington Beach, CA 92648 AR9MXVA9R@=IKWWn AUTHORIZE P E - • o ' uffi(p�D e.QL-JO• o-o o-•o- •�J[o1�i'J900J 0 0 0 0 0 0 0 0 ISSUE DATE.(MM/DD/YY) 2 21 89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, D. L. PHILLIPS & ASSOCIATES EXTEND OR ALTER THE'COVERAGE AFFORDED BY THE POLICIES BELOW. 3151 Airway Avenue, Suite A-1• COMPA ES AFFORONG COVERAGE Costa Mesa, CA 92626 COMPANY Q 'LETTER CANADIAN INSURANCE CO. OF CA COMPANY INSURED LETTER FA THE ROBERT MAYER CORPORATION; ROBERT L. COMPANY LETTER 6 MAYER TRUST OF 1982, etas 660 Newport Center Drive COMPANY 0 Suite 1050 LETTER Newport Beach, CA 92658-8680 COMPANY LETTER 0 e THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERRA 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 CONDI-- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY( DATE(MMIDONY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ $ A X PREMISES/OPERATIONS mm 722233 4/7./88 4/1/89 PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL COMB NED $ 1,000 $ 1,000 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1,000 AUTOMOBILE LIABILITY 8MLY INJURY ANY AUTO (PER PEM NI $ ALL OWNED AUTOS(PRIV.PASS.) BODILY ALL OWNED AUTOS(OTHER THAN) ((PPERAMDENI) $ `PRIV. PASS. HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY • BI 8 PD COMBINED $ EXCESS LIABILITY A UMBRELLA FORM CUP 705919 4/1/88 4/1/89 COMBINED $ 5,000 $ 5,000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY B AND F 38356. 4/1/88 4/1/89 " ACH ACCIDENT) $ ISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY t $ ISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS i ADDITIONAL INSURED ! o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ME CITY OF HUNTINGTON BEACH PIRATIDN DATE THEREOF, THE ISSUING COMPANY WILL ERRVAi RI n 2000 Main Street MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, N� Huntington Beach, CA 92648 0 xx=R AUTHORIZED PR I 0 0 0 0 0 0 §FVag@U@�@a OrAm ISSUE DATE(MM/DDNY) 2 21 89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. D. L. P'HILLIPS Ss ASSOCIATES 3151 Airway Avenue, Suite A-1 cCOMPAMES AFF®R®VNG COVERAGE Costa. Mesa, CA 92626 COMPANY Q LETTER CA"IAN INSUMM CO. OF CA COMPANY INSURED LETTER Q THE WBM MAM C A ON; RMERT L. LETTER COMPANY @ PLAYER TMT OF 1982, etal 660 Newport Center Drive COMPANY D Suite 1050 LETTER Newport Beach, CA '92658-8680 COMPANY LETTER 0 THIS IS 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 CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MWODNY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY X COMPREHENSIVE FORM INJURY $ $ A X PREMISES/OPERATIONS CON 722233 4/1/88 4/1/89 PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL COMBINED $ 1,ppp $ 3,{}pp $ INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 1,000 AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (PER PERSON!) $ ALL OWNED AUTOS(PRIV. PASS.) BODILY OTHER THAN INJURY ALL OWNED AUTOS PRIV. PASS (PER ACCIDENT) $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI&PD COMBINED $ EXCESS LIABILITY _ A OTHEUMBRELLA N UM CM 745919 4/l fpQ 4 iyA$ COMBINED $55,000 $ 55,000 OTHER THAN UMBRELLA FORM +/�+�+ l WORKERS'COMPENSATION STATUTORY B AND E 38356 4/1/88 4 /89 $ EACH ACCIDENT) n EMPLOYERS'LIABILITY /+ $ DISEASE-POLICY LIMIT) $ DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS I:LRIUUliM`a:J� 0 D - 'nUm . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- THE CM OF HUNTINGTM BEAM PIRAT ON DATE THEREOF, THE ISSUING COMPANY WILL 3 MAIL O DAYS WRITTEN NOTICE TO THE HOLDER NAME TO 2000 Main street LEFT, Huntington Beach, CA 92645 AUTHORIZE PR E rt11fE f - D• D o �. 6opp. o-o o- o- •�Um9(E@s J. 89-208163 30 k RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY AND d r OF ORANGE COUNTY CALIFORNIA WHEN RECORDED RETURN TO: . /t ' City of Huntington Beach -400 PM APR 20'89 2000 Main Street i a Huntington Beach, CA 92648 EXEMPT V,3 COUNTY CZ RECORDER I Attn: City Clerk TW doCUMOnt filed for record by Flcar title Insurance as an Accommodation only; it has not been examined as to its execution or as to its effect uRon the Title. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ("Easement") is made as of this 27 ,i day of j;0wL)Aj-t/ , 1989 by ROBERT L. MAYER, Trustee of the Robert L. Mayer Trust of 1982 dated June 22, 1982, as amended ("Grantor") , in favor of THE CITY OF HUNTINGTON BEACH, a municipal corporation ("City") . R E C I T A L S: A. Grantor is the holder of a ground leasehold estate (the "Leasehold Estate") to that certain real property located in the City of Huntington, Beach, County of Orange, State of California described in. Exhibit "A" hereto and made a part hereof (the "Leasehold Premises") , pursuant to the terms of that certain Second Amended and Restated Lease dated August 15, 1988 by and between Grantor and City. B. City holds fee title to the real property. ("Beach Maintenance Parcel") described in Exhibit "B" hereto and made a part hereof which is located next to the Leasehold Premises. This property is currently being used by City for the storage and maintenance of vehicles and equipment used by City to service and maintain the public beach area in the City of Huntington Beach. This document is solely for the official business of the City ;_�, Gi+y Attorney` Of Hunti.n.-ton Beach, as contem— i;,7:s 1 ei„tt��: 0 1-cy Attorney plated unaer Government Code Sec. 6103 and should be recorded 1 free of charge. 89 208!63 C. Grantor intends to file of record Tract Map No. 13045 (the "Tract Map") , in order to subdivide a portion of the Leasehold Premises. Grantor's development of the portion of the Leasehold Premises described by the Tract Map will temporarily obstruct the City's access to the Beach Maintenance Parcel from Huntington Street. Therefore, as a condition to the filing of record of the Tract Map, City has required that Grantor grant to City a non-exclusive easement for vehicular ingress, egress and access to and from Pacific Coast Highway and the Beach Maintenance Parcel over and across that certain fourteen (14) foot wide area of land, described in Exhibit "C" hereto and made a part hereof and depicted in Exhibit "D" hereto and made a part hereof (the "Easement Area") . . D. Grantor now desires to grant to City such non-exclusive easement over and across the Easement Area in accordance with the terms of this Easement. NOW, THEREFORE, in consideration of the above recitals the Grantor agrees as follows: 1. Grant of Easement. Grantor, for itself, its successors and assigns, hereby grants and conveys to City for itself, its successors and assigns, a non-exclusive easement for vehicular ingress, egress and access to and from Pacific Coast Highway and the Beach Maintenance Parcel over and across the Easement Area, for the use and benefit of City, its heirs, successors, assigns, agents, employees, contractors, subcontractors and licensees (the "City's Permittees") in common with Grantor, and its heirs, successors, assigns, agents, employees, tenants, subtenants, concessionaires, licensees, customers and invitees, including but not limited to the residents (and their guests) of the Driftwood Beach Club Mobilehome Park ("Grantor's Permitees") . 2. Commencement Date. The easement granted herein shall commence upon the recordation of the Tract Map. 3 . Use of Easement Area. The Easement Area may only be used by City and City's Permitees in a manner so as to not unreasonably interfere with the use and enjoyment of the Leasehold Premises by Grantor and Grantor's Permitees. No wall, barrier, building or other impediment may be erected within the Easement Area by the City or its Permitees which would hinder or impede the use of the Easement Area by Grantor or Grantor's 2 89-208163 Permitees. The Easement shall not include the right to construct or alter any improvements within the Easement Area. The Easement shall merely entitle City and its Permitees to use the improvements currently located within the Easement Area. 4. Maintenance of Easement Area. Grantor shall cause the improvements to the Easement Area to be maintained and repaired in good, clean and safe condition, free of any debris. 5. Nature of Easement. The easement shall be appurtenant to the Beach Maintenance . Parcel and shall be non- exclusive and for the use and benefit of the City and its Permitees, in common with the Grantor and Grantor's Permitees. 6. Not a Public Dedication. Nothing contained in this Easement shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for the general public or for any public purposes whatsoever, and this Easement shall be strictly construed to and for the purposes expressed herein. No individual shall be deemed to have acquired a prescriptive easement as the result of its use of the Easement Area or any portion thereof. 7. No Abridgement of Rights under D.A. and D.D.A. This Easement shall not lessen or abridge any right of Grantor pursuant to that Development Agreement dated August 15, 1988 by and between City and Grantor and that Disposition and Development Agreement dated August 15, 1988 by and between The Redevelopment Agency of the City of Huntington Beach and Grantor, including but not limited to the timing of the transfer of any interest in any land or leasehold estate pursuant to those respective agreements. 8. Termination. This Easement and the rights of City and City's Permitees in and to the Easement Area shall automatically terminate upon the earlier to occur of the following: (i), the termination of Grantor's Leasehold Estate in and to the Leasehold Premises, (ii) the completion by Grantor and acceptance by City of such portion of Walnut Avenue east of Huntington Street sufficient to allow vehicular ingress, egress and access to the Beach Maintenance Parcel. Upon the 3 following completion and acceptance thereof against any defect in 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 . 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 t h e C i t y T r e a s u r e r t h e s u m o f Fi✓2 Dollars , ( �`7/ 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 . INSURANCE SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by _ SUBDIVIDER at SUBDIVIDER' S sole expense , a general liability insurance policy, including coverage for bodily injury,, property damage , products/completed operations , and blanket contractual liability, 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 arising out of the work herein agreed to be performed by SUBDIVIDER, including liability arising from the acts or omissions of CITY or third parties . The policy shall provide coverage in an amount not less than One Million Dollars ($1 , 000 , 000 ) combined single limit coverage per occurrence . If coverage is provided under a form which includes a designated general aggregate limit , such limit shall be no less than twice the per occurrence limit . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of limits . 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. policy to be so conditioned as to cover the performance of ..extra or unforeseen work, should such work become necessary. A certificate of insurance shall be furnished by the insurance carrier to the CITY upon execution of this agreement by SUBDIVIDER . Such certificate shall provide that the insurance carrier 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 cancellation is effective . The certificate of insurance shall evidence the required additional insured endorsement , and is subject to approval as to form by the City Attorney . This agreement is void and of no effect until such approval is obtained from the City Attorney . 6 . WORKERS ' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of California , in regard to any worker employed -in the work to be performed hereunder , 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 which may be incurred by reason of any work to be performed pursuant this agreement by any person or entity including CITY . SUBDIVIDER shall maintain Worker ' s Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ( $500 , 000 ) bodily injury by accident , each accident , Five Hundred Thousand Dollars ( $500 ,000 ) bodily injury by disease , each employee, and One Million Dollars ( $1 ,000 ,000 ) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and SUBDIVIDER shall, prior to commencing . performance of the work hereunder , furnish to CITY , on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty ( 30 ) days prior to any cancellation or modification of said insurance policy; and SUBDIVIDER shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy . Said insurance shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 7 of this Agreement . 7 . INDEMNIFICATION, DEFENSE , AND HOLD HARMLESS SUBDIVIDER hereby agrees to protect , defend , indemnify, and hold and save harmless CITY, its officers , and employees from 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 property, arising directly or indirectly out of the obligations herein undertaken by SUBDIVIDER, or out of the operations conducted by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of active concurrent negligence , sole negligence , or the sole willful misconduct of CITY . SUVDIVIDER will conduct all defense at its sole cost and expense . Any costs of defense or attorneys ' fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by SUBDIVIDER or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to paragraph 9 hereof . 8 . PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by the City Council of CITY of the improvements offered for dedication in said work , give good and adequate warning to the traveling public of each and every dangerous condition existent in said improvements or any of them, and will protect the traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said improvements not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract , and SUBDIVIDER may close all or a portion of any street alley, sidewalk or right-of-way 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 . REST OF PAGE NOT USED 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 : ROBERT L . MAYER, as Trustee of The Robert L . Mayer Trust of 1982 BY Mayor ATTEST : APPROVED AS TO FORM : City Clerk ,! City Attorney REVIEWED AND APPROVED : �TIATEDyAND APPROVED : Cit Administrator Direct r of Public Works ,BOG rL- I (o- g�1 CITY OF HUNTINGTON BEACH Lea INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To From Arthur Folger Arthur .DeLaLoza Deputy City Attorney Deputy City Attorney Subject Date y Subdivision Agreement May 16, 19.90 Tract No. 13045 RLS #89-121 fj The above-captioned ,contract . is between the. city and R. L. Mayer Trust . (see :-attached'.`copy) . ' It was re ared b {prepared y you and approved by Gail Hutton in Feburlary 1989 Connie Brockway.. states 'that: she returned the'-original to our office so 'it could be amended:.>=:: After discussions: with. Mike Adams and ,the Connie Brockway, it has f been: determined -.that -amendment. is-_�sar Y.. f Please determine 'if. the original: is: in your'- file and return it to the k}; city clerk. ` Thanks. i ARTHUR DELALOZA Deputy- City Attorney cc: Mike Adams, Community Development Connie Brockway, City Clerk Joan Giguere, City Attorney Office Manager 8 "'08163 occurrence of either event described in subparagraph (i) or (ii) and the receipt by City of a written request to do so, City shall execute any legal instrument reasonably required by a reputable title company in order to terminate any interests created by this Easement in and to the Leasehold Premises, the Easement Area, or to remove any cloud on title to the Leasehold Premises created by this Easement. IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed as of the day and year first above written. ti ROBERT L. MAYER, Tru a of the Robert L. Mayer Trus of 1982 dated June 22, 1982, as amended "Grantorill STATE OF CALIFORNIA COUNTY OFJORANGE On the .day of 7ar,&jNf�A , 19818., before me, the undersigned, a Notary Public in and for said State and County, personally appeared ROBERT L. MAYER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Trustee of the Robert L. Mayer Trust of 1982 dated June 22, 1982, as amended, and acknowledged that he executed the same as Trustee of said "Trust named herein. r WITNESS my hand and official seal. Notary Public MARLA D. ORLOFF NOTARY PUBLIC CALWOMA PRINCIPAL OFFICE IN ORANGE COON" 4, µl, c�ioa April 12 1991 Cr. . i;e 1 Oonlm 4 89-208163 l J� t` City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated January 27, 1989 from Robert L. Mayer, Trustee to the City of Huntington Beach, a municipal corporation, is hereby I accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority i conferred by Resolution No. 3537 of the City Council of the City of v Huntington Beach adopted on August 7, 1972, and the grantee consents i to the recordation thereof by its duly authorized officer. i Dated : Apri 1 12, 1989 CITY OF HUNTINGTON BEACH Connie Brockway City er i By: Depu I ° � 89-K8163 EXHIBIT WA" LEGAL DESCRIPTION OF LEASEHOLD PREMISES The land referred to in this lease is situated in the State of California, County of Orange, City of Huntington Beach, and is described as follows: THAT PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOR 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY. RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE WESTERLY 111.91 FEET ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION TO A POINT ON THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA IN BOOR 6168, PAGE 667 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 3 DEGREES 29' 43" WEST 593.12 FEET; THENCE SOUTH 25 DEG. 32' 14" WEST 386.94 FEET; THENCE SOUTH 11 DEG. 440 36" EAST 771.48 FEET; THENCE SOUTH 78 DEG. 15' 24" WEST 82.75 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY, AS DESCRIBED IN BOOR 455, PAGE 400 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID NORTH- EASTERLY RIGHT OF WAY LINE, NORTH 52 DEG. 05' 09" WEST 2409.77 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF HUNTINGTON AVENUE, 60.00 FEET IN WIDTH AS NOW LAID OUT; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 37 DEG. 54 ' 51" EAST 299.35 FEET TO AN ANGLE POINT; THENCE NORTH 0 DEG. 17 ' 36" EAST 20.44 FEET ALONG THE EAST RIGHT OF WAY LINE OF HUNTINGTON AVENUE, 60.00 FEET IN WIDTH AS NOW LAID OUT, TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EASTERLY 1844.00 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LAND, NORTH 89 DEG. 43' EAST 690.00 FEET FROM THE CENTER LINE OF SAID HUNTINGTON AVENUE; THENCE NORTH 89 DEG. 43 ' EAST 200.00 FEET; THENCE SOUTH 0 DEG. 17' EAST 150.00 FEET; THENCE SOUTH 89 DEG. 43' WEST 200.00 FEET; THENCE NORTH 0 DEG. 171 WEST 150.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF SECTION 141 TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, DESCRIBED AS FOLLOWS: f BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS HAVING A DISTANCE OF 92.98 FEET ON THE STATE HIGHWAY MAP (ABANDONMENT) FILED JUNE 258 1966 IN STATE HIGHWAY MAP BOOR 4, PAGES 29 AND 30, IN THE OFFICE OF THE COUNTY RECORDER OF SAID G COUNTY; THENCE NORTH 59 DEG. 15' 30" WEST 72.30 FEET ALONG SAID 1 I EXHIBIT "A" Page 1 of 8 I 89-208163 COURSE TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 27.00 FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY 45.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 97 DEG. 10' 21" TO A LINE PARALLEL WITH AND SOUTHEASTERLY 47.00 FEET FROM THE CENTER LINE OF HUNTINGTON AVENUE; THENCE NORTH 37 DEG. 54' 51" EAST 150.01 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 52 DEG. 05' 09" EAST 133.00 FEET; THENCE SOUTH 37 DEG. 54' 51" WEST 139.28 FEET; THENCE SOUTH 2 DEG. 461 13" EAST 30.54 TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING RADIUS OF 1250.00 FEET; THENCE NORTHWESTERLY 51.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2. DEG. 20' 30" TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN PARCEL 1. EXHIBIT "A" IPago 2 of 3 0 -2,08163 7-7 148-02 148-01 r'v 400' 1i4 - 15 c��`� lMAA/PSM/wEJ 6all�LEYARO _ � '�i•,r l !O/AC. A Or eel 1 29 qt 7e 40 Aa 5 1 . 1 27 • NOTE - ASSESSOR'S BLOCK R ASSESSOR'S MAP PARCEL NUMBERS BOOK 24 PACE 25 SHOWN /N CIRCLES COUNTY Of ORANGE EXHIBIT "A" Page 3 of 3 e • • 8s-z 086 fi3 EXHIBIT "B" LEGAL DESCRIPTION OF BEACH MAINTENANCE PARCEL Beginning at the southeast corner of the east one-half (E1/2) of the northwest one-quarter (NW1/4) of the northeast one- quarter (NE1/4 ) of fractional Section 14, Township 6 South, Range 11 West, San Bernardino Base and Meridian, Orange County, California; said point also lying on the center line of Huntington Avenue 60 feet in width as now laid out; thence north 89043 ' east, along the south line of the north one-half (N1/2) of the northeast one-quarter (NE1/4) of said Section 14, 690.00 feet to a point, said point being the True Point of Beginning of this description; thence continuing, along said south line of the north one-half (N1/2) of the northeast one-quarter (NE1/4) of said Section 14, north 89043 ' east 200.00 feet to a point; thence south 0017 ' east 150.00 feet to a point; thence south 89043 ' west 200.00 feet to a point; thence north 0017 ' west 150.00 feet to the True Point of Beginning. EXHIBIT "B" 89-208163 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT AREA AN EASEMENT 14.00 FEET IN WIDTH FOR TE4MARY AOC'ESS PURPOSES OVER THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNrINGPON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51, PAGE 4 OF MCSCEL- LMUMS MAPS IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLZOM: BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTH HALF THAT IS DISTANT SON NORTH 890 43' 07" EAST 660.00 FEET FROM THE EAST RIGHT OF WAY LINE OF HUNTDMON AVENUE, 60.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY NO. 81-1151 FILED IN RECORDS OF SURVEY BOOK 103, PAGES 28 AND 29 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 0° 16' 53" EAST 7.00 FEET TO A LINE PARALLEL WITH AND 7.00 FEET SOURLY OF SAID NORTH LINE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE AMONG SAID PARALLEL LINE SOUTH 890 43' 07" WEST 18.25 FEET; THENCE THE FOLLOWING COURSES: 1. SOUTH 0° 16' 53" FAST 230.41 FEET; 2. SOUTH 89° 33' 01" EAST 37.27 FEET; 3. SOMH 440 59' 23" EAST 764.11 FEET; 4. SOUTH 43° 09' 45" WEST 88.42 FEET; 5. SOUTH 44' 53' 52" EAST 164.23 FEET; 6. SOUTH 37° 02' 16" WEST 317.08 FEET TO THE NORTHEAST RIGETT OF WAY LINE OF PACIFIC COAST HIGHWAY, AS SHOWN ON SAID RECORD OF SURVEY. SUBJECT TO ALL CIMMANTS, RIGHTS, RIGHTS OF WAY AND EASHMUS OF RECORD OR APPARENT. ALL AS SHOWN ON THE EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF. \��pl LAND SG ��5 S E. co E. CM11CHIE, L.S. 3118 a EXPIRATION DATE: JUNE 30, 1992 3119 q�E Or C i LG-223 EXHIBIT "C" 134.1205 1/23/89 . + EXHZBJT "We 89-208163 1U OF EASEMENT AREA N 37002* 16" E 3 317.08' N. �f7 �N b w 2 / I N 43°09'48" E 88.42' w w CD w cn 1 w vZl w N to Q _ rn < U. 1~ �. w U < �\ 41 �o N 89.33'01" N ro 37.27' z �9 e c N'LY LINE S 1/2 SE- 1/4 SEC .14 p' M.M. 51/4 HUNTINGTON AVENUE EXHIBIT "D" 134.1205 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Man.ch 6, 1989 TicaA Time TnsuAan.ce 3901 MacAnAhuA Btvd. Suite 204 Newpoxt Beach, CA 92660 Attention: RE: Tract Map No. 13045 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 �J Received by Dated LLill (Telephone: 714-536-5227) 17 REQUEA FOR CITY COUNCIPACTION Date March 6, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administratorse Prepared by: Mike Adams, Director of Community Developme Subject: FINAL TRACT MAP 13045, BEING ALL OF TENTATIVE TRACT NO. 13045, AND BONDS AND AGREEMENTS FOR TRACT 13405 Consistent-with Council Policy? AFFRaVED SY CITY COUNCIL y Yes [ ] New Policy or E ception _ (o 19r.-. Statement of Issue, Recommendation,Analysis, Funding Source,Alter ative Actions, Attachments: CITY CLERK STATEMENT OF ISSUE• The final map of Tract No. 13045 being all of Tentative Tract No. 13045, located on the Northeast corner of Pacific Coast Highway and Huntington Street, has been submitted to the City Council for approval . Tentative Tract No. 13045 will expire on July 1, 1990 . 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. PIO 5/85 5 . It is also recommended that the City Council accept the following bonds 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. a. Faithful Performance Bond No. 97437 SS b. Labor and Material Bond No. 974377S - r/y✓�• C. Monument Bond No. 974378S ANALYSIS• SUBDIVIDER: R.L.M. Properties & City of Huntington Beach Redevelopment Agency ENGINEER: Fuscoe Williams, Lingreed & Short, David H. Williams L.S. 4131, 601 N. Park Center Drive, Ste. 104, Santa Ana, CA 92705 LOCATION: Northeast corner of Pacific Coast Highway & Huntington Street ACREAGE: 3 . 733 gross acres LOTS: 1 ZONE: DTSP - District 9 - FP2 GENERAL PLAN: Visitor Serving Commercial 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: Draft Supplemental Environmental Impact Report No. 82-2 was prepared for the proposed mixed use project in accordance with the California Environmental Quality Act. The Draft SEIR was certified by the Planning Commission on June 8, 1988. The City Council certified Draft SEIR 82-2 on August 15, 1988 . FUNDING SOURCE: Not applicable. RCA - 3/6/89 -2- (2086d) ATTACHMENTS• 1 . Area map 2 . Subdivision Agreement 3 . Monument Bond No. 974378S 4 . Faithful Performance Bond No. 974377S 5 . Labor and Material Bond No. 974377S DNL:TR:gbm RCA - 3/6/89 -3- (2086d) ._. .� ;�o J ....... _..._. ... • "�(� � ~ I U LCNICAGO�o�AVE .. 4J.. b �> • dk A y FIC R2-PD-CZ-FP2 no m < � md.:. :_?¢ g R2-PD-CZi� u `n x BALTIMORE AVE -FP2 ;W !w� CIR2•PD-CZ•FP2 I !R2-PD-CZ-FP2 OiQS �7� '}' /s Sq ti kot yAQ 1Q as a •o l I Rio _:a. RZ-PD-CZ-FP2 I < ;mlRzrvi-cz:i '•o•R Y P 3 `� ""-xoo 'lusrutt:rot(:" -" R2-PD-CZ FP2' p7R2-P LZ f ' DOW TOWN S eo FIC e e y$! "iis!"`-`• d o� 9y -DI ry R2-PD-CZ FP2 m +Ik ^_ n DIST ICT#Ba g l / �4N 00 \ z81 ti /\��\(V .1� tlrtv2 -eoiii7NY., 0 A, I vao R2-PD-CZ'fP2' R2-PD-CZ-1;4 40 olc R2-FD C2 FP2 R2-PD CZ= V % > R•;. MH-CZ FP2 :.3t�aiir==:...a�''•-'.:uaEEff;,. T /i cin YPj° R2-PD-CZ FFZ'•0a*am FA /o �cgSp suRRisc 3,cs.lot \�% -0 DOWNTOWN SPECIFIC PLAN-O \ O y DIST T#Bb-FP2 N� /CcIF\ sracps�oia,C' . -0 .00 /i' TA N ,\ _ y� a Fqh yJ 13045 � HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION n NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date ~ O TO: City Clerk FROM: COMMUNITY DEVELOPMENT Do a le M. Ad TRACT NO. ` �3 PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER M. I 'o�.— f 1 NOTICE OF �APLETION WITH CONDITIONS i TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : I FROM : PUBLIC WORKS DEPARTMENT i Bruce Crosby I TRACT NO. �- DEVELOPER 1 ' j CONDITIONS : Date Deposit of fees for water , sewer , . ?/�f' _ drainage, engineering and inspection jBond for. Improvement . . . . . . . . . . Signature of Agreement . . . . . . . . j Certificate of Insurance . . . . . . . . Bond for Monuments . . . . . . . . . . Labor & Material Bond . . . . . . . . . _ Other : Signature