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HomeMy WebLinkAboutTracts All of TT 13017 Beachfront Construction Company STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California March 6, 1989 Ma or Bannister called the regular meeting of the City Council of the city of HuntinTt—onBeach to order —at-7 Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent:, None CONSENT CALENDAR - (ITEM APPROVED) On motion by MacAllister, second Silva, 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 GUARANTEE & WARRANTY BOND - TRACT 13017 - BEACHFRONT LAKE STREET -LAKE/INDIANAPOLIS - Accepted Guarantee and Warranty Bond #9485895 pursuant to S. 66499.9(c) of the Subidivision Map Act on Tract 13017, Beachfront Lake Street, located S/E Indianapolis and Lake Street. (previously accepted by Council on 12/19/88 but bond provided was unacceptable by the City Attorney) Mayor Bannister adjourned the regular meeting of the City Council of the City of Huntington Beach at in-is PM to Monday, March 20, 1989 at 5:30 PM in Room B-8, Civic Center, Huntington Beach, C 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 F;th day of March . 19 8q WITNESS my hand and spat of the said City of Huntington Beach this the 8th day of March 19 89 Connie Brockway City Clerk an ex-officio Clerk of the City Council of the City of Huntington Beach, California BY_ Z= a- pu i yy of Huntington ton Beach ~ P.O. BOX 190 CALIFORNIA 9264S OFFICE OF THE CITY CLERK August 4, 1987 First American Title Insurance & Trust 114 E. 5th Street Santa Ana, CA 92701 Attn: Subdivision Officer /A� /',firo� -f Gentlemen: The City Council of Huntington Beach, at its regular meeting held July 6, 1987 approved the Subdivision Agreement for Tract No. 13017. We are enclosing herewith a duly executed copy for your files. 1 Sincerely, Alicia M. Wentworth City Clerk AMW:pr Enclosure /1, f, H i, SUBDIVISION AGREEMENT THIS AGREEMENT is entered into this 6th day of July , 1987 , by and between CITY OF HUNTINGTON BEACH, a municipal corpora- tion of the State of California, hereinafter referred to as "CITY, " Beachfront Lake Street A Calif. Limited Partnership, and a partnership, hereinafter referred to as "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 13017, 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 Sections 66499 and 66499 .3 of the Government Code of the State of California, 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 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 I 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 . RE UE* FOR CITY C N IP NA TI Q OU C C O Date December 1, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator �� APPROVED BY CITY COUNCIL Prepared by:E, Louis F. Sandoval, Director of Public Works /a - /f 19� Subject: NOTICE OF COMPLETION TRACT 13017 ci Y CLERK Consistent with Council Policy? [X1 Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Beachfront Lake Street has completed all street improvements for Tract 13017 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: 1. Accept the improvements dedicated for public use. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond 4. Accept the guarantee and warranty bond. 5. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Beachfront Lake Street, 210 Adams, Unit 1, Huntington Beach, CA 92468 Engineer: RMG, 17961 Cowan, Irvine, CA 92714 Location: S/E Lake & Indianapolis Lot: 1 Acreage: 3.131 Zone: Oldtown Specific Plan - C2 (District Two) _ rncn c ATTACHMENTS: -' Sectional District Map This tract has been constructed in substantial accordance with the plans and �� '` n specifications on file in the Department of Public Works. r LFS:BPC:dw ?' 1872g/8 P10 5/85 • • �' -� STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California December 19, 1988 Mayor Bannister called the regular meeting of the City Council o the City of Huntington Beach to order at 0 P.M. Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None CONSENT CALENDAR - ITEM APPROVED On motion by MacAllister, second Erskine, 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 - TRACT 13017 - BEACHFRONT LAKE STREET - Accepted improvements dedicated for public use in Tract 13017 located SE Lake and Indianapolis, authorized release of the Faithful Performance Bond, Monument Bond, accepted the Guarantee and Warranty Bond, 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 10:15 PM to Tuesday, January 3, 1988 at 5:00 P.M. in Room B-8, Civic Center, Huntington Beach, CA ATTEST: Connie. Brockwa 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 19th day of December , 19 88 . WITNESS my hand and seal of the said City of Huntington Beach this the 21st day-of December 19 88 Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY put! / S PLANNING • • I SECTIONAL DISTRICT MAP I-6—II low SC4C •Ff[♦ �O CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP l ADAMS AVE. = V U UJl_J UU I L MET©® ; � ; JJ �: I� AVE POgTL NO A':ED. , °_1 lYl II I I \ ThiRTEE�'.a NO OSWEDO- •A'VE. Ro 0 H ED gfJl ��Z i �_ s AY[• '.�:1,1 I uo� .T'.__ -""-1,�4g•; _ y, CF-R itl:l ; (LA::= ::.F:-:; +�. :� � �- :\• a --_-- ��; RH--- ^F-R _ L-NCOLN AVE. - - 'c�\` \ ••5 � TENr l � �'I: •�j:l L -- -- - _-- — 1jI;_-__���{t�=.� t--,._.{ ••+ 1 F% -\ ��\• �\•� i i ' E .�'-_� 8 �� �� �� Cat--� i 1 AVE WOO MR HE HDIE _ JDLIET AVE F-7p INMANAPOL15 AVE1-71 RF71 PH 1771 MMA ,FORD •AVE.. F-79 p vx'\� AC'2' `V N LcF• FRANKFORT j :� �`�• .\' F e CLWRA AVE. / AVE. •DE TROiT < AVE. i tcA Z 4 p AYC. C 03 - o \\ r 'L2O.,�.� AT LANTA AVE � _ REQUEST FOR CITY COUNCIL ACTION Date Mnrrh (, I W? Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: C Louis F. Sandoval, Director of Public Works /1P�'�' O Van Subject: GUARANTEE & WARRANTY BOND - TRACT 130 C'j?'j. 1.= 191" Consistent with Council Policy? [X1 Yes ( 1 New Policy or Exception %-; z Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachmen STATEMENT OF ISSUE: The City Council, on December 19, 1988, accepted Tract Number 13017. Section 66499.9(c) of the Subdivision Map Act requires the posting of a Guarantee .< Warranty Bond upon acceptance of a tract. RECOMMENDATION: It is recommended that the City Council accept Guarantee and Warranty Bond Number 9485395 and instruct the City Clerk to file it with the City Treasurer. ANALYSIS: Subdivider: Beachfront Lake Street, 210 Adams, Unit 1, Huntington Beach, CA 92468 Engineer: RMG, 17961 Cowan, Irvine, CA 92714 Location: S/E Lake & Indianapolis Lot: 1 Acreage: 3.131 Zone: Oldtown Specific Plan - C2 (District Two) All of the documents have been approved for amount by the Department of Public Works and as to form by the City Attorney's office. FUNDING SOURCE: None ALTERNATIVE ACTION: N/A ATTACHMENTS: Sectional District Map PEC:LFS:BPC:dw 1975g/1 4V Plo 5/85 LEE Nis RONNIE MERIN E / RE QUEF1 FOR CITY COUNCI ACTION Date Marrrh 4, 19A9 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: e Louis F. Sandoval, Director of Public Works ov�DBYC Subject: GUARANTEE & WARRANTY BOND - TRACT 130 �3 CU�'CIL Consistent with Council Policy? [X] Yes [ ] New Policy or Exception \ cry, Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachmen STATEMENT OF ISSUE: The City Council, on December 19, 1988, accepted Tract Number 13017. Section 66499,9(c) of the Subdivision Map Act requires the posting of a Guarantee & Warranty Bond upon acceptance of a tract. RECOMMENDATION: It is recommended that the City Council accept Guarantee and Warranty Bond Number �`g�� 9485895 and instruct the City Clerk to file it with the City Treasurer.. / ANALYSIS: Subdivider: Beachfront Lake Street, 210 Adams, Unit 1, Huntington Beach, CA 92468 Engineer: RMG, 17961 Cowan, Irvine, CA 92714 Location: S/E Lake & Indianapolis Lot: 1 Acreage: 3.131 Zone: Oldtown Specific Plan - C2 (District Two) All of the documents have been approved for amount by the Department of Public Works and as to form by the City Attorney's office. FUNDING SOURCE: None ALTERNATIVE ACTION: N/A ATTACHMENTS: Sectional District Map PEC:LFS:BPC:dw 1975g/1 P10 5/85 i 1 ■-lslllllllllllllllllllll ���,��, �"" "•"�=_ IIIIIII � 1 .■11 11111 Illlll �C :���� ■ i����� _� .. IIIIIII � ■■ 111111111 lull IIIIIII �■.� V,A IIIIIII � � NNNIl lII�A n■AA NAnln a_ ■� �® ��°p•,� IIIIIII. lAA■I ■flip ■AAN IllAA milli MIIIll IIIIII �■. loll AAllin IngAl mull. fHA■ mnAAn llAnl IIIIIII Clllln lull lllnll ■limn Illo 1■l null lull INIIII NNIINI �� l Ilnlll lull ■Ill ■� ■Alin 1111111 lMlll NAnll 1�■ Illy l■1 Allon �1�1 AI■n nil■ 11111111111NON lull ■■ 1111� • ���� ■■ ■ IAl■ Illll xllAl llAll.INN.I■Ai Illlllro. Ills■ Ingo n■ll it �=■ ■� null■ ■ ■ r.111 ■ Illy .ems nil ®� ■ ��® �3111 ow-W. Illllll1110 AA111111111111 I!M11 lY llllllll!! 116 ��nilln.Illn�■nl:IlllllnllAl■A Z illllllllilllii-iilitiililllllD illllll�iflill�� � �1 111 ■■u lNll� �����M������ ®m�i����a.Null a City of Huntington Beach -. P.O. BOX 190 CALIFORNIA 92SM fir. 'rt. OFFICE OF THE CITY CLERK August 6, 1987 Beachfront Construction Company 206 - 2nd Street Huntington Beach, CA 91538 Gentlemen: The City Council of Huntington Beach, at its regular meeting held July 7, 1987 approved the Subdivision Agreement for Tract No. 13017• We are enclosing herewith a duly executed copy for your files. Sincerely, Alicia M. Wentworth City Clerk AMW:pr Enclosure STATE OF CALIFORNIA ss COUNTY OF ORANGE ) r~ On this (p day of 19 before me,8�, a ary Public 'n and for said County and State, personally appeared known to me to be the yor and nown to me to be the City Clerk of the City of Huntington Bea , the municipal corporati n t t 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 me that such municipal corporation executed the same. IddMIL FFIGAL SEAL AEM LNDr1 S.PAMNSON Na1ary ORANGE Ga OWM My Comm.Exp.,hate 24.igm STATE OF CALIFORNIA BB COUNTY OF V V } SS. a On + OFFICIAL. SUAL A JANE REILAND V. before me, the undersigned, a Notary Public in and for said County and State, onally appeaFFed 1CS A NGELES—;YPI-t e— `J� MY egin.r:. explim ,."P: 24, 1M n s`�a :•:•- O personally known d to me ❑ prov d to me on the basis of satisfactory evidence to be OFFICT 1I. SEAL of the partners of the partnership JAI\E REILAND Q NOTARY PUBLIC -CALIFORNIA that executed the within instrument, and acknowledged to me that 1 •,.-�. C1,N.ry such partnership executed the same. My Mr, JUN PA, 19M m CL � Notary's �js, Signature MS-43(6/82) • • the purpose of this contract, and SUBDIVIDER may close all or a "portion of any street whenever it is ' necessary to protect the . tray.eling 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 ,�,M1or►-41^ agreement the day Aand year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: Beachfront Lake Street, A Calif. Limited Partnership l � ck J r , Gen. Partner M or r' q.� Jo n illotson, Gen. Par er ATTEST: , APPROV D AS TO F R : ,4Aiciek Al. Wew•1'wo&*h, C-4f C110C F • City Clerk %1k 7 City tt r ey �'1 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adm—inidErat&f r of Public Works 6 . REQUEST FOR CITY COUNCI ACTION Date GZZ' Submitted to: Honorable Mayor and City Council God Submitted by: Charles W. Thompson, City Administrator00"�9v, Prepared by: Doug La Belle, Director, Communi.±y opmen S Paul Cook, Director, Public Works �� Subject: FINAL TRACT MAP 13017, BEING ALL OF T ATIVE O. 13017, AND BONDS AND AGREEMENTS FOR TR CT 17 Consistent with Council Policy? bQ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: —, v 4 T,L�,• g�sl P 7 STATEMENT OF ISSUE• The final map of Tract No. 13017 being all of Tentative Tract No. 13017, located on the east side of Lake Street between Indianapolis and Acacia, has been submitted to the City Council for approval . Tentative Tract No . 13017 will expire on April 7, 1989 . 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 Certificate of Insurance shall be submitted; b. Subdivision Agreement; c. CC&R' s shall be reviewed by the Department of Community Development and approved as to form by the City Attorney' s office. 5 . It is also recommended that the City Council accept the following bonds : a. Faithful Performance Bond No. 948589 S; 40?/' Plo 5/85 b. Labor and Material Bond No. 948589 S; c. Monument Bond No. 948590 S; d. Park and Recreation Fee Bond; 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. ANALYSIS• SUBDIVIDER: Beachfront Construction Co. 206 Second Street Huntington Beach, CA 92648 ENGINEER: RMG Engineering Inc. 17961 Cowan Irvine, CA 92714 LOCATION: East side of Lake Street between Indianapolis and Acacia. ACREAGE: 3 . 140 LOTS: 1 lot NO. OF UNITS: 64 ZONE: Oldtown Specific Plan, District 2 GENERAL PLAN: Medium 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: On May 5, 1987, the Planning Commission approved Negative Declaration No. 86-48 . FUNDING SOURCE: Not applicable. ATTACHMENT I 1. Area map MA:PP:kla \ •(� A 1 R! C4 • R1— � I ' ` Z 11)IOX VILL( A UN" R3 q3^ 3 C4 �Tju• a t T q3 R3 R3 C) - •�I ^, ' ' 11A— 1'1 gyp!) _ � � ' a U U� UU�Uo 1 � CA NE VA I , °P tom_ I ,c "t•'" tr OIUT N ; .: O 'LSPECIFIC A U.- DISTRI NE I o C� L tAIRA Be r CAN f 1 N MH-FP2 . ♦ i Z t of Rplt A p z�� x fi� y IIC A40o AY (� u Ai4D-CT� m I�J t R2-PDCZ� Ny 4 f ♦ • BAl rtAUPC AYE •" e �J_ ¢ 6ijliieocx+n 1"ni•ioci•rir �::J �� . " gig •fi,�, -- •' < j�.�T�• �f ..__� _( A. ATI.AI)TA AV _. __.. U P 87A 0o 0%17 Oilc Up 8 71-6o. ff� NUN mtoN 11EACH HUNTINGTON REACH PLANNING 'DIVISION w�v July 27 , 1987 pall City of Huntington Beach Attn: Doug La Belle, Deputy City Administrator/ Director of Community Development 2000 Main Street Huntington Beach, CA 92628 ' Re: Tentative Tract IX3017 Gentlemen : Mercury Savings and Loan (Mercury) has funded a construction loan to Beachfront Lake Street Partnership (Borrower ) for 64 condominium units in tentative tract 13017 . Ordinances of the City of Huntington Beach require that certain fees and exactions be paid to the city prior to the recordation of the map. In consideration of the agreement of the Cit of Huntington Beach '�'" ` to the deferred payment b the developer ofw 1 ark and recreation fees, Mercury Savings . nd Loan has set aside out of the proceeds of the aforesaid loan the sum of $105 , 143 .65 . Set aside funds will be held by Mercury Savings and Loan until disbursed to the city. Funds will be disbursed to the city within ten days of Mercury' s receipt of written demand of the Director of Community Development of the . City of Huntington Beach. Acceptance of this letter by Borrower shall constitue borrower ' s authorization to disburse .funds . The promise of Mercury and Borrower contained herein are irrevocable. This agreement may be modified in any respect upon the written agreement signed by borrower , lender , and the city. APPROVED AS TO FORM: MERCURY SAVINGS & LOAN By City Attorney G —Mary F.CZilva, Vice President BEACHFRONT LAKE STREET, PARTNERSHIP: Ely A ROVED AND INI IATED: _ D g a Belle, Deputy City Admin ' trator/Director j Community Services i y, f f � T f f f ■ MERCURY SAVINGS G S and loan association EXECUTIVE OFFICES 7812 Edinger Ave.,P.O. Box 1010. Huntington Beach,Calif.92647 Telefax (714)848-9606(Group II&II1) June 23, 1987 City of Huntington Beach 2000 Main Street Huntington Beach Attention: Planning Department Re: Tentative Tract 13017 Mercury Savings and Loan is arranging financing for 64 condominium units in Tentative Tract 13017, in the city of Huntington Beach, county of Orange. Mercury Savings and Loan will set aside $105,143.65 for Park and Recreational Fees and will be paid out of the construction loan offsite account. Sincerely, MERCURY SAVINGS AND LOAN ASSOCIATION Naomi Rogoff, Vice President 17 We hereby concur in the foregoing agreement BEA HFRONT LAKE STREET-,--A CALIFORNIA LIMITED PARTNERSHIP Bv­____7 Johh H n 1 o n, Jr. , General Partner By: u ki ichard J y, General Partner Telephone(714)842-9333 RETURN TO: �� CERTIFICATE OF INSURANCE APPR VED AS TO FOFtM City of Huntington Beach e0l. •linsurance&Benefits Division v ?OLTOP.O.Box 190 6 CITY OF HUNTINGTON BEACH,CALIFORNIA Huntington Beach,CA 9264$ city Attorney ^�9- A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach, Insurance and Benefits Division, P.O. Box 190, Huntington Beach,California 92648. Name of Insured BEACHFRONT CONSTRUCTION, BEACHFRONT PROPERTIES Address of Insured 210 A ADAMS, HUNTINGTON BEACH, CA 92647 Location of Work or Operations to be performed TRACT 13017, LAKE ST, 'HUNTINGTON BEACH, CA Description of Work or Operations NEW CONSTRUCTION 64 UNITS POLICY DATES LIMITS OF LIABILITY Name of Insurance Co.& POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) Self Insured Retention or P' Deductible. GENERAL LIABILITY COMPREHENSIVE FORM PREMISES-OPERATIONS 1492 10 59 —19-86 9-19-87 $ Snn Ano CSL TRUCK INSURANCE EXCH EXPLOSION AND Each Occurence COLLAPSE HAZARD [ l UNDERGROUND HAZARD PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUALINSURANCE [ 1 BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS [ 1 PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY [ I COMPREHENSIVE FORM [ I OWNED $ - - CSL Each Occurence I ] HIRED R [ ] NON-OWNED EXCESS LIABILITY $1 ,000 000 1492 02 60 9-19-86 9-19-87 TRUCK INSURANCE ,EXCH UMBRELLA FORM $ I ] OTHER INSURANCE-\ -4 COVERAGE Y x WORKERS:COMPENSATION AND 100,000 Waiver of subrogation from 091986 -19-86 9-19-87 FAIRMONT INSURANCE Workers'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows lexcluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council,and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder.Such insurance-is primary and not— excess or contributing to any other insurance of the City of Huntington Beach. This certificate is issued as a matter of information.This certificate is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. J.C. KRUMPOLS INSURANCE TRUCK INSURANCE EXCHANGE,/FAIRMONT INSURANCE(W C) Agency or Brokerage Insurance Company 1 HE 717 S STATE COLLEGE # 175, ANAIM, CA_. SAWA ANA, CALIF AddrOSS a Ice J.C. KRUMPOLS — Name of Perlin to be Contacted orized Signature Data 714 937-0384 NOTE:Authorized signature may be the agents if agent has placed insurance Telephone number through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of an official of the insurance company. D � SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT ' 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 i ornia Limited Partnershi California Corporation/ Other (you'must circle the appropriate choice.or fill in the ank) hereby agrees to defend, 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 Contractor. Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awar i by a rt of petent jurisdiction. SIGNED: By: Title: By: Ice Title: If a Corporation, TWO OFFICERS must sign; or, in the alternative, present satisfactory evidence of your authority to bind your, Corporation. PIO 6/86 CITY OF HUNTINGTON BEACH Insurance&Benefits Division P.O. Box 190 HUNTINGTON BEACH Huntington Beach,CA 92648 Y _ NOTICE OF 1PLETION WITH CONDITIONS C TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : _ FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO . DEVELOPER CONDITIONS : Deposit of fees for water, sewer, drainage , engineering and inspection Bond for Improvement . . . . . . . . . Signature of Agreement . . . . . . . . Cori- ificate of Insurance . . . . . . . Hond for Monument . . . . . . . . . 1-1hol C Pond Other / �j vim.. .. ��► Signa ure NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING �f Date V L TO: City Clerk FROM: PLANNING DIVISION James W. Palin TRACT NO. , 3 n ( -7 PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER: (Signature) I