HomeMy WebLinkAboutTracts #13478 Por.of TT 13478 California Resorts Location REQUEST FOR CITY COUNCIL ACTION
Date March 20, 1989
Submitted to: Honorable Mayor and City Council
Submitted by: Paul Cook, City Administrator
Prepared by: Michael Adams , Director, Community Developme t
Subject: FINAL TRACT MAP 13478, BEING A PORTION/ALL OF TEN1{ T.IVE•.'
TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT`
13478 APPROVED BY CITY-COU�RdtL
Consistent with Council Policy? [)4 Yes [ ] New Policy or Exceptio
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative
STATEMENT OF ISSUE'
The final map of Tract No . 13478 being a portion/all of Tentative
Tract No . 13478, located on the inland side of Pacific Coast Highway
between Second and Third Street, has been submitted to the City
Council for approval . Tentative Tract No . 13478 will expire on
April 15, 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.
- ----------
-----------------
Exec'u'ted in Fou*4) Cog nterparts •
t
MONUMENT BOND
Bond N 3SM 717 V00 00
Premium $ 1 50 .00
KNOW ALL MEN BY THESE PRESENTS:
That California Resorts/Haseko Associates
as subdivider of Tract No. 13478 in the City of Huntington Beach, County of
Orange, State of California, has submitted to said City a Final Map of said tract
containing an engineer's or surveyor's certificate stating that all final monuments
will be set in the positions indicated on or before the date specified in said certifi-
cate:
' That said Ca 1 i Porn i a Resorts/Haseko Associates
(Subdivider)
as principal, and American Motorists Insurance Company
as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of
setting all such monuments within or in connection with said tract, as are not already
set prior to the recording of said Final Map, in accordance with said map and said
rtifica to up to but not in excess of the sum of $ 7 , 500 . 0 0
which sum we are held and firmly bound to the City of Huntington Beach, all in
cordance with and subject to the terms, conditions and provisions of Article 9,
pter 4 of the Government Code of the State of California.
IN WITNESS WHEREOF, we have executed this instrument this 2 n d
of February 89
19 .
Cali forn i e orts/Haseko Assoc i ates as Pr4incipa
as Partner of a Partnership) STEWART TITLE /
CALIFORNIA ` GOr.`�
F ORANGE SS.
19$�coni.ncr
H da of FEBRUARY in the year before me, Lrety
WDDS a Notary Public in and for said county and state, personally appeared
GATI personally known to me o roved to me on the basis of satisfactory evidence)
President and
�AP LUBLINECALIF. RESO{� Ssonall INC.
-
(or proved to me on the basis of satisfactory evidence)to be the Secretary of
that executed the within instrument and personally known to me(or proved to me on the basis of satisfactory ev-
e persons who executed the within instrument on behalf of said co oration.said corporation being per�to be one of the partners of CALIFORNIA RESORTS/H�ASEKO ASSOCIATES
p that executed the within instrument,and acknowledged to me that such corporation executed the same as such
iat such partnership executed the same.
+-•��'�""''""•itl OFFICIAL SEAL
h cial seal. f o DANAWOODS
;,.;;•'i ) .y. NOTARY PUBLIC-CALIFOMIA
ORANGE COUNTY
M COtVISSION EXP.NOV.16,1992
DANA WOODS
Name(Typed or Printed)
I3 (This area for a(ricial frotarial ual)
t flat Int-Arnencan nlott)rT,t,1ft,urane e C.orliParly, .1 corporation organve et and exl,tlllg 1111der till'taw,of tll,
having its pnncflml()If1(v if) I.ong(trove, Illlfloi%, dov%hereby appoint . r.�� *.*. ..0 4......
William J. Shupper of Los Angeles, California ** * ** * * * *
{• its true and lawful agent(o and atforney(s)-in-fact,to make,execute, tidal,and deliver during the,period beginning with the date of
issuance of this power and ending Decernher 31, 1990, unless %ooner revoked flit ant!oil it,,ht•hall as ,urely, and as its act and
deed: Any and all bonds and Undertakings.***** x * *** ** *** **
EXCEPTION: NO AUTi IOR1TY is granted to make, execute, seal and deliver any hand or undertaking which guarantees the
payment or collection of any promissory note,che(k,draft or Ielier of t rethi.
This authority does not permit the,ame obligation In he,plit into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bon(N and underiakings in pur.uance of these pre,ents shall he as hinding upon the sail!American Motorists
Insurance Company as fully and amply to all intenl%and purposes,as if the,anu:had been duly c xeculell and acknowledged by its
regularly elected officers at its principal office in Long Crove, Illinois,
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTiCE AS OF DECEMBER 31, 1990.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of
said American Motorists insurance Company on February 2.1, 1911t3 at Long Grove, Illinois, a true and accurate copy of which is
hereinafter set forth and is hereby certified to by the undersigned Secretary as heing in full force and effect:
"VOTED, That the Chairman of flit- Board, the President, or any Vice Pre,itlent, or their appoinfee,designated in writing and filed with the
Secretary,or the Secretary shall have the flower and authority to appoint.lgonts arl<!attorneys-in-fact,and to authorize them to execute on behalf
of the Company,and attach the seal of the Company Ihert?to,bonds and undt•rlaking,,recognizances,contracts of indemnity and other writings,
obligatory in the nature thereof,and any su(h officer,of flit,Company may appoint agents for acceptance of proves,:'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Executive Committee of the. Board of Directors of the Company at a meeting duly called and held oil the 23rd day of February,
# 1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with rho Secretary,and the signature of Alt-Se(retary,the•seal of the Comp.iny.)net certifications by the Secretary,may he affixed by facsimile on
any power of attorney or bond executed pursuant to resolution adopter!by the Executive Comminee of flit-Board of Directors on February 23,
1913£1 and any such power so executed,waled anti cerfitied with re%pvt I tt)any bona or Undertaking to which it i,attached,shall continue to be
valid and binding upon the Company."
to Testimony Whereof,the American fstolonsts ttrl_,�urance Company has caused this instrument tu be signed and its corporate seal
to be affixed by its authorized officers, this 1 f �1_ day of_�DC-to-b-er , 19
Attested and Certified: +w.� AMERICAN MOTORISTS INSURANCE COMPANY
!3yaw�
F.C.McCullough,Secreary 1, S.Kemper,iII,Senior Vice President
STATE OF ILLINOIS
•.. 'OF LAKE ss
"hlir, do hereby certify that J. S. Kemper, IIi and F. C. McCullough personally known to me to be the
•fa Senior Vice President and Secretary of the American Motorists Insurance Company,
tIvinl;instrument, appeared before me Ihis Clay in person and severally
4th flit,corporate seal and delivered the said instrument
for the uses and purposes therein set forth.
• fY
SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY
OF HUNTINGTON BEACH AND CALIFORNIA RESORTS/HASEKO ASSOCIATES
FOR TRACT NO. 13478
THIS AGREEMENT is entered into this 10th day
of February , 1989, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and CALIFORNIA RESORTS/HASEKO
ASSOCIATES, a California general 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. 13478; and
As a condition of the approval of and prior to the recordation
of said subdivision map, SUBDIVIDER is required to improve and
dedicate the streets and alleys, and to perform certain other
improvements in said subdivision; and
SUBDIVIDER desires to enter into an agreement with CITY to
delay performance of certain of the work; to agree to perform said
work as herein provided; and to execute and deliver to CITY bonds
for the faithful performance of said agreement, for the payment of
all labor and material in connection therewith, and for the
guarantee and warranty of the work for a period of one ( 1 ) year
-1-
S
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-
•
2 . ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway
improvements, including perimeter walls and landscaping required
by conditions of the tract map, prior to release or connection of
utilities for occupancy for any lot in the Tract .
3 . GUARANTEE
SUBDIVIDER shall guarantee all work and material required
to fulfill its obligation as stated herein for a period of one ( 1 )
year following the date of City Council acceptance of same .
4 . FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Ordinance Code (HBOC )
Article 997, upon execution hereof SUBDIVIDER shall deposit with
the City Treasurer the sum of One Hundred Sixty Thousand, Five
Hundred and no/100 Dollars, ($160 ,500 .00 ) 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.
-3-
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 Two Million Dollars ($2 ,000,000) . 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
-4-
- e. The Declaration of Covenants, Conditions and Restrictions
shall be reviewed and approved by the Department of
Community Development and approved as to form by the City
Attorney prior to recordation of the final map .
f . The Park and Recreation fees shall be paid or a surety
posted in an amount equal to the in-lieu fees and approved
as to form by the City Attorney prior to recordation of the
final map.
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 . 3SM 71714500
b. Labor and Material Bond No . 3SM 71714500
C . Monument Bond No . 3SM 71710000
ANALYSIS•
SUBDIVIDER: California Resorts/City of Huntington Beach
Redevelopment Agency
ENGINEER: Walden & Associates
David L. Walden, R.C.E. 19402
LOCATION: Inland side of Pacific Coast Highway between Second
and Third Streets
ACREAGE: 2 . 556 acres gross
LOTS: 1
NO. OF UNITS: 130
ZONE: Downtown Specific Plan, District 3
GENERAL PLAN: Mixed Development
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.
RCA - FINAL TRACT 13478 -2- (2191d)
ENVIRONMENTAL STATUS:
The project is covered by Environmental Impact Report No . 82-2
pursuant to Section 15182 of the California Environmental Quality
Act .
FUNDING SOURCE:
Not applicable .
ATTACHMENTS
1 . Area map
2 . Subdivision Agreement
3 . Monument Bond
4 . Faithful Performance Bond
5 . Labor and Material Bond
MA:TR: jr
RCA - FINAL TRACT 13478 -3- (2191d)
A
u� LJLJ LJLJ JU� y`� '
\ i
l % -
___ la AVE.
=[t--
fRANNFORT
OLDTWN)f„ SPECIFICE EE(DISTRIMIRAQ I
Aj• 'C •PECAN
pp'[ti� •-�,� o�� �, � M H-FP2
DETROIT .
_♦A " yV 0 �a oa i G DF
l
HICAGO-��F. •AVE p� a
e Ak IFIC O '[ �, RZ-PD-CZ-FPZ
+• -i 1 �[
�—TI N
D a _ <O E` <L�l�i 'cF n s R2-PD-CZ u JU.
q tir ti = �+ BALTIMORE avE �LLy r -FP2 go
9C Oyy 00 yY Jr v♦ � N U D:a � i c ���
/ S p' ` 6 I
1"r0� .Ici
Rz-Po-a-FPz 11
!R2-PD•CZ-fP2
I i ) O/S SA•• �� �P O/s 9Ci\.[ d!'pW�Qr���' ,.lo.z+o-
R2 Po-CZ FP2
# r .� � : 1Tc.xaZ::. :V.lELr�•
Pp /C ?l[i'� i f' �r:talaili.0 i% •'fir-
�'/OI sq 3 ACo ' vy2F - oo 1rr {.OR'Y 1:: RZ-PD-CZ-FP2
DO TOWN S A- FIC Pl'RNe I f"oul:-i�[s r
I .,� �
3f!t�-•'
/ 9C /01 y �DIST ICT!#8.J �e (�\�y 3 a fw'"Oi� R2-PD-CZ FP2 CD�k'�t'rp c \ 2 -0 t}:.. .............
.. _
,
/\ aCgy tiiY DI �(°, ��\�,C oo R2-PD•CZ•FP2': R2-PD-CZ=FPZ
�4E,/.c ,•� 00Y 0/S�•s'aF' ,�� o\b
l C J= I ��l• :"cyQ.:::::N, ...4Q0!rOI._••,
/
/Srq O�fl R R2-PD CZ FP2��i Rz Po-cziF 2.
MH CZ-FP2. -';:�.::rtll;,.
R2-PD-CZ-FP2"•^r{.°r .ta
•o -0
-0 DOWNTOWN SPECIFIC PLAN
s
DIST T#BD-FP2 •
FT 1374 7 15
e
HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
Executed in Four Counterparts
BOND NUMBEV 3 S M 71 7 14 5 0 0
PRIM UM i n c l u d e d in F P Bond
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Huntington Beach, State of
California, and _Cali forn i a Resorts/Haseko Associates (hereinafter
designated as "Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public improvements, which
said agreement, dated February 10 19 89 , and identified as project
—Tract No . 1 3 4 7 8 is hereby referred to and made a part
hereof; and
MTERF.A.S, under the terms of said agreement, principal is required
before entering upon the performance of the work, to file a good and sufficient
payment bond with the City of Huntington Beach to secure the claims to which
reference is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate
surety, are held firmly bound unto the City of Huntington Beach and all con-
tractors, subcontractors, laborers, materialmen and other persons employed in
the performance of the aforesaid agrcc:;;ient and referred to in the aforesaid
Code of Civil Proceedure in the sum of Hunn d E i t red Fi T ho u s a n d Two _ dollars
dve_ --- ---- -
( $80 , 250 . 00 ) , for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by "City" in successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure
to the henefit of any and .nll rrrsnns, COMP lnie> and corporations entitled to
file claims under Title 1S (commencing with Section 3082) of Part 4 of Division 3 of
Labor and Material BOI page 2
the Civil Code, so as to give a right of action to them or their assigns in
ATTORNEY-IN-FACT
State of California ss:
County of Los Angeles
n February 2 .,19 8 9 , before me, a Notary Public, personally appeared
William J . Shupper
personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person who executed this instrument as Attorney-in-Fact of
American Motorists Insurance Company , the
corporation therein named and acknowledged to me that the corporation executed it.
I ITN SS WHEREOF,I have hereunto set my hand and affixed ""...... ".t
y ffici seal; the day and year stated in certificate above. OFFICIAL SEAL
PATRICIA A. DOLAN
= lair' NOTARY PUBLIC-CALIFORNIA e
LOS ANGELES COUNTY
e My Commission Expires Feb.8,1991
ary ublic W4MWWWY ...... uu U..... UuuuwuuOWuuuW
This area for Offieal Notarial Seal
principal and surety above named, on February end , 19 89
California Resorts/Haseko Associates
as Principal
I
STATE OF CALIFORNIA Iss.
LOS ANGELES
COUNTY OF. ------------- --------I
February 9 1 9 8 9 __—____ before me,the undersigned,a Notary Public in and for
On_---------- ----�— ---—
said State,personally appeared KAZUYUKI USUI___
d c _ _ —,personally known to me(or proved to me on the basis
—
° a —
E of satisfactory evidence)to be the persons who executed the within instrument as__ —
c ----- -
U
__-____-.-_President and Secretary, on behalf of__3ASEK0_�IER--COLONY-,- INC.
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES)
On March 3, 1989, before me the undersigned, a Notary Public
in and for said State, personally appeared Soichiro Kawase
known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument
as the President on behalf of HASEKO PIER COLONY, INC. , the
corporation that executed the within instrument as one of the
partners of CALIFORNIA RESORTS/HASEKO ASSOCIATES, the
partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same
WITNESS my hand and official seal.
OFFICIAL SEALf�`'Cj'
VALARIE BROCKMAN Valarie Brockman
s Notary Public-California
LOS ANGELES COUNTY
My Comm.Exp.Sep.&i M
Executed in Four Countorpaits 1ON 1) 3SM 717 145 00
1-1ItI.'M1UM $3 , 210 . 00
FAITHI-UL 1'1-:RV RMAi`10E BO; D
WHEREAS, the City Council of the City of Huntington Beach, State
of California, and California Resorts/Haseko Associates ,
(hereinafter designated as "Principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated Febzuary . 10, 19 89 and identified as
project Tract No . ) 3478 is hereby referred to and made a part hereof;
and
V,'HER7M, said principal is required under the terms of said agree-
ment to furnish a bond for the faithful performance of said agreement.
Now, therefore, we the principal andAmeri can Motorists Insurance ,Compai
as surety, are held and firmly bound unto the City of Huntington Beach hereinafter
:alled "City", in the penal sum of One Hundred Sixty Thousand Five Hundred
dollars ( $ 160 , 500 100 ) lawful money of the
United States, fur the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bKnded
principal, his or its hairs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed
at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless "City", its
officers, agents and employees, as therein stipulated, then this obligation shall
become null and vuid; otlher,.vise it shall be and remain in full force and effect.
Faithful Performance Bond
Page 2
As a part of the obligation secured hereby and in addition to the
face amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees incurred by "City"
in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the agreement or to the work to
be performed thereunder or the specifications accompanying the same shall in
ATTORNEY-IN-FACT
State of California
ss:
County of Los Angeles
n February 2 ,.19 8 9 , before me, a Notary Public, personally appeared
___W-1TTIam J . Shupper , personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person who executed this instrument as Attorney-in-Fact of
American Motorists Insurance Company , the
corporation therein named and acknowledged to me that the corporation executed it.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed i"""""""""""""""""""" """"" """""""
OFFICIAL SEAL
my official se he day and year stated in this certificate above. .... PATRICIA A. DOLAN
_ NOTARY PUBLIC-CALIFORNIA
i � LOS ANGELES COUNTY
My Commission Expires Feb.8.1991
• w............................. ............................,.�
Notary Public
This area for Offrcal Notarial Seal
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES)
On March 3, 1989, before me the undersigned, a Notary Public
in and for said State, personally appeared Soichiro Kawase
known to me or proved to me on the basis of satisfactory
evidence: to be the person who executed the within instrument
as the President on behalf of HASEKO PIER COLONY, INC. , the
corporation that executed the within instrument as one of the
partners of CALIFORNIA RESORTS/HASEKO ASSOCIATES, the
partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same
WITNESS my hand and official seal.
P , OFFICIAL,SEAL '
VALARIE BROCKMAN Valarie Brockman
Notary Publlc-Califomle
LOS ANGELES COUNTY
w!
My Comm.Exp.Sep.8.1989
' • AMERICAN MOTORISTS INSURANCE COMPANY naTtonal.
Home Office: Long;(.;rov(,, IL 000-11) 1 Pr<c
POWER OF ATTORNEY comrantes
Know All Men By These Presents:
Thal the Anu•rican Ml Itorist%Insurance Company, a corporation org.1ni/ed.lild existing under the laws of the Slate of Illinois, and
having Its print ilml llttl(e In I toll}(,rt)vv, IIIIIIIIIs,I ov%hert•Ily appoilli . • •. 6.•.•• ...•. .. . . .. • . ......•.•....... ... .
William J. Shupper of Los Angeles, California **** ********* * *
its true and lawful age nt(s)and.ittornc�y(s)-in-f,x-t,to make,e•xecuiv,seal, and deliver during the period beginning with the date of
issuance of this power and ending Decenlbm 11, 1990, unless sooner revoked for and on its behalf as surety, and as its act ,Intl
deed: Any and all bonds and undertakings .******-*-***************************
EXCEPTION: NO AUTI l(WITY is granted io make, exel tote, seal ,old deliver .Iny hand or undertaking which guarantees file
payment or colleclion of ,Iny promissory note,(he(k,drall or leper of t Iedil.
This authority does not permit the same obligation to he split into two or more bonds in order IO bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at,Iny time by the American Motorists Insurance Company.
The execution of such hands and undertakings in pursuance of these presents shall be as binding upon the•said American Motorists
Insurance Compan as full and am II to,III intents and our poses,,Is if the smile had been duo executed and acknowledged b its
Y Y I Y I 1 Y Y
regularly elected officers at its principal office in Long Crove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of
led American Motorists Insurance Company on February 23, 19118 at Long Grove, Illinois, a true and accurate copy of which is
reinafter set forth and is hereby certified to by the undersigned Secretary as living in full force and effect:
"VOTED, That the Chairman of the Board, the President, orally Vice President, or their appointee+ designated in writing;and filed with the
Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to aulhorize them to execute on behalf
of the Company,and attach the seal of the Company Ihereto,bond%and undertaking;,,wcog;nizances,contracts of indemnity and other writings,
obligatory in the nalurl•thereof,and any such officers of the Company 111.1y appoint agents for acceptance of process:'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Executive Committee of the Board of Directors of the Company at a meeting duo called and held on the 23rd day of February,
I Y 1, Y Y
1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing;and filed
with the Secretary,and the signature of the Secretary,file seal of the CompanyY and certifications by the Secretary,may be affixed by facsimile on
any power of attorney or bond executed pursuanl to resolution adopted by IL-Executive Committee of the Board of Directors on February 23,
191111 and any such power so executed,%valgid and certified with n•spoct to any hand or undertaking;to which it is allached,shall continue to be
valid and binding upon the Company."
In Testimony Whereof,the American Motorists''Irr��s eclrance Company has caused this instrument to signed anti its corporate seal
to be affixed by its authorized officers, this Lth day of_ Ober , 19
Attested and Certified: _ AMERICAN MOTORISTS INSURANCE COMPANY -
Y
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
-5-
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
-6-
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
-7-
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 F HUNTINGTON BEACH:
CALIFORNIA RESORTS/HASEKO
ASSOCIATES, A California
General Partnership
Mayor
By: California Resorts
Inte ,n Tonal, Inc. ,
a Cra_lifo nia orpo ori,
general artn
P r e s i
4
etary
ti
HASEKO ASSOCIATES, INC. ,
a California corporation
General Partner
P
Secretary
ATTE APPROVE S TO R
City Clerk ity t rney pt;,A.
t-zs-9q
REVIEWE ND AP ROVED: NITIATED ND APPROVED:
City Administrator Director of Public Works
sg
-80-
-i PZ 09 29 14: 12 1-�,A L 12 A R 122' P05-,`07
............ .....
AMR
"4 Abi)4EtS OF AGENCY
COMPANIES AFFORDING COVERAGES
.RUSTIC INSURANCE AGENCY, INC. I INSURANCE COMPANY
CoMFA-4 S."OTTSDALE;
-- - Y Ar *O CAMBRIDGE GENERAL AGENCY
P.O. BOX 1250 1'TTFR I= _
ARCAO,I A I CA 91006 zr,OTTSDAE L ' INSURANCE COMPANY
0 PA I"A N Y
LE-ER BC'/0'R.1.C. `_1NSURANCE GEN. AGENCY
NAM-t-AND ADDRESS OF INSUREC
COMPANY
LETTER
J. A. HILL CORPORATION
222—A FIFTH STREET ,_E—ER- D
HUNTINGTON BEACH, C-4 102648
COMPANY
LETTER E
Th!s is to ce7-ti'y that Policies of insurance listed below have beer,issued to the nSUred nameo stove and are:n forv. st,this tune. Notwithstandinp any re,^wmi-ric-ol,term or condition
of any contact or other document with rj�5F�Ct to which this certificate may be issued or may pertatr..Me insur2rice afforded:by the potic"P.15 described herein is Subje:,,to all the
exciu-,iong and Conditions.of Such pol-cles.
:OM A rC;L'.Y N!_:Mq:_Q 12. Limits of Liability in Ttiousands(000)
Exp�PaTI-0,4 1 A-,7,P E G T E
LE- ip. TYPE ff 1 A,*-,
GENERAL LIABILITY 1
600ILY INJURY 5
-4 L7,1 COMPREHENSIVE FORM GLS-215485 12-30-89
77 F1P.11AiSE$-0P[PAT;0NS s
I" r-RC-PERTY 3;,.VAG� I
L7 E):FLQL-.ir.-)N AND COLLAPF
HAZA RE)
iz UNDERGROUND HAZARD
7 FRODUCTSPTOMPLE7ED
OPERATIONS NAZAPD 90'.)ILY Nj',JRy AND
Cc)NIRA;'TUAL INSURANCE PROPERTY DAMAGE b 1 ,000, z 1 000,
BROAD FORM. FROFERTY
DAMAGE
i Dx INDEPENDENT CONTIR,-TORS
PERSONAL INJURY $ 1
PERSONAL !NjURY u0O
AUTOMOBILE LIABILITY I ec)HL INJURY
;EACH PERSON) S
BODE Y IN I1,IRY S
OWNED (FACI-i-ACCIDENT)
PROPFRfY DAMAGE
P!RE D
NON-OWNED 500ILf INJURY AND
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
iQDILY;NjURf AND
I
LIM-CRELLA FORM PROPERTY DAMAGE 11 0110 2,000,
A OTH ER T HAN U M.B P.E ILL A XXL-020902 12-30-89 1U, •
)WORKERS'COMPENSATION) ST-'TU70R,'
and
EMPLOYERS'LIABILITY
OTHER
OFFICE CONTENTS FS-054028 f 12 89 iI $4.1 ,700 FIRE, V&NIM, ECE
7
DESC.R.P-iON 0` ()PERA!1ONS.'LOC;A 11,MNSIVEHiC LES ALL JOB OPERATIONS, STATE OF CALIFORNIA. THE CERTIFICATE HOLDER,
THE CITY OF HUNTINGTON BEACH, CALIF. ,
.LF. , ITS OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL
INSUREDS, AS RESPECTS TO WORK PERFORMED By THE NAMED INSURED AT TRACT MAP #131478 LOCATION.
T IN-EMNT
AS PART OF THIS CERTIFICATE, ATTACHED ENDORSEMENT #22, OUTLINES REQUIRED u LTY AGREEMENT.
Cancellation: Snould any of the above Jescrib��d policies be cancelleo' oefore tie expiration date thereof. the issuirlgcorn-
pany wili endeavor to mail L�L days written notice to the below named certificate hoider, but failure to
mail such notiCH,c,'Ial! impose roobligat',0r) of ilat)ilityof any kind upon the company.
INAME POLDER: vel-
N FEBRUARY 27, 1989
SAFETY DEPARTM C-�- T
c_: BUILDING & SAF
jCITY OF HUNTINGTON BEACH A)tl
; 2000 MAIN STREET
z
HUNTINGTON BEACH, CA 92 14?" R. MORI.6T
P 1 ti 09 '89 14: 13 C AL I BAR 122 POE-/07
NO. 2
+ ATTACmED TO AND EN -NT EFFECTFYE
FCFuiNG A PAAJ QF t aRD TwEj ! '
• nLiCY NI.IUDEA wo DAY YR 1201 NOON INSURE- AGENCY AND CODE
A W.
GLS 215485 - 2 27 89 X HILLGREST DEVELOPMENT 040010
CORPORATION/J. A. HILL
CORPORATION
CITY OF HUNTINGTON BEACH, CA INGEMNIi=ICATION, DEFENSE, HOLD HARMLESS AGREEMENT
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless .CITY, its officers, and employees against any and all, liability, claims,
,judgments, costs and demands, however caused, including those ;resulting from death
or injury to CONTRACTOR'S employees and damage to property, arising directly or
indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the
operations conducted by CONTRACTOR, including those arising from the passive
concurrent negligence of CITY, but save and except those which, arise out of the
active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Any costs
of defense or attorney's fees incurred by CITY in enforcing this obligation will be
reimbursed to CITY by CONTRACTOR or may be .awarded to CITY BY a court of competent
jurisdiction as costs pursuant to California Code of Civil Procedure S 1n21 .
February 2 7, i 989 CAYSIRIDGEv�.�R.AL AGt"sC,
DATE AU7"C)Ri":]AE7srE5E14TA74VE f,
UTS.3(0-86) v
is
MAP 09 '89 14: 14 --NL I BAR 122 Pik 7/07
NO. =Z'..
�1 ATTACHED TO wND fN00 �Nt EPFEGTIvF
FOAMING A PART OF (5 ,F10 TIw I
POItGr NUMBER VO DAY TA 1201 NOON INSURE: AGENCY AND CCOE
w u.
GLS 215485 2 27 . 89 K HILLCRES': DEVELOP,I�EINT' O4Op10
CORPORATION/J. A. HILL
CORPORATION
IT IS HERcBY UNDERSTOOD AND AGREED THAT AS SUCH INSURANCE
AS IS PROVIDED BY THIS POLICY ALSO APPLIES TO
CITY OF HUNTINGTtON BEACH, CALIF. , ITS OFFICERS AND
ITS EMPLOYEES
2000 MAIN STREET
HUNTING-ION BEACH, CA 92648
AS ADDITIONAL INSUREDS, BUT SOLELY AS RESPECTS ;CPERATIONS
PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.:
F�yebruary 27, 1989 CRLD_GG ' AGENCY
DATE AUTHGA,2£D R€PRLSENTATIVE l
ur5 3 Was) V
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
Date
TO: City Clerk
FROM: COMMUNITY DEVELOPMENT
Douglas N. La Belle
TRACT NO.
PARCEL MAP NO. e�
RECREATION & PARK FEES PAID�i4.& V
OTHER
I NOTICE OF ( ^�;APLETION WITH CONDITIONS TRACTS
i
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE :
i
FROM : PUBLIC WORKS DEPARTMENT
j Bruce Crosby
TRACT N0 .
DEVELOPER
j CONDITIONS : Date
Deposit of fees for water, sewer, . _
drainage, engineering and inspection
Bond for. Improvement . . . . . . . . . . _
Signature of Agreement . . . . . . . .
Certificate of Insurance . .
Bond for Monuments . . . . . . . . . _
Labor & Material Bond . . . . . . . . . _
Other :
12
Signature
1
1;,, CITY OF HUNTINGTON BEACH
0. 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 4, 1989
First American Title Insurance & Trust
114 E. 5th Street
Santa Ana, CA 92701
Attention: Subdivision Officer
RE: Tract Map No. 13478
This is to inform you that all fees have been paid and conditions
met on the above named tract. You are free to record same at your
convenience.
After recording, please return two prints of the Tract Map to Bruce
Crosby, Department of Public Works, P.O. Box 190, Huntington Beach,
California 92648.
Connie Brockway
City Clerk
CB:bt
Enclosure
Received by A'/ z
Dated
(Telephone:714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 22, 1989
California Resorts
222 - 5th Street
Huntington Beach, CA 92648
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held Marc
approved the Subdivision Agreement for Tract No. 13478 •
We are enclosing herewith a duly executed copy for your
files.
S i erel y,, -..,
Connie Brockway
City Clerk
CB: bt
Enclosure
(Telephone- 714-536-5227)
REQUE91 FOR CITY COUNCIP ACTION
Date March 20, 1989
Submitted to: Honorable Mayor and City Council
Submitted by: Paul Cook, City Administrator
Prepared by: Michael Adams, Director, Community Developme t
Subject: FINAL TRACT MAP 13478, BEING A PORTION/ALL OF TENZfATIVE., -, r ,,f
TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT
13478 APPROVED By CITY�OUIfQjL
Consistent with Council Policy. [),d Yes [ ] New Policy or Exceptio ';' 9 •
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative
STATEMENT OF ISSUE:
The final map of Tract No. 13478 being a portion/all of Tentative
Tract No. 13478, located on the inland side of Pacific Coast Highway
between Second and Third Street, has been submitted to the City
Council for approval . Tentative Tract No. 13478 will expire on
April 15, 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.
No 5/85
e. The Declaration of Covenants, Conditions and Restrictions
shall be reviewed and approved by the Department of
Community Development and approved as to form by the City
Attorney prior to recordation of the final map.
f . The Park and Recreation fees shall be paid or a surety
posted in an amount equal to the in-lieu fees and approved
as to form by the City Attorney prior to recordation of the
final map.
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. 3SM 71714500
b. Labor and Material Bond No. 3SM 71714500
c. Monument Bond No. 3SM 71710000
ANALYSIS•
SUBDIVIDER: California Resorts/City of Huntington Beach
Redevelopment Agency
ENGINEER: Walden & Associates
David L. Walden, R.C.E. 19402
LOCATION: Inland side of Pacific Coast Highway between Second
and Third Streets
ACREAGE: 2 . 556 acres gross
LOTS: 1
NO. OF UNITS: 130
ZONE: Downtown Specific Plan, District 3
GENERAL PLAN: Mixed Development
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.
RCA - FINAL TRACT 13478 -2- (2191d)
ENVIRONMENTAL STATUS:
The project is covered by Environmental Impact Report No. 82-2
pursuant to Section 15182 of the California Environmental Quality
Act.
FUNDING SOURCE•
Not applicable.
ATTACHMENTS•
1. Area map
2 . Subdivision Agreement
3 . Monument Bond
4 . Faithful Performance Bond
5 . Labor and Material Bond
MA:TR: jr
RCA - FINAL TRACT 13478 -3- (2191d)
r
L jil
GENEVA
0 z =---ILT 00 -1
a� A w AVE.
FRANKFORT '
SPEClF�C A -
��' u— (DISTRI E I
Lj
.• Q� U ELMIRA ¢ I e01
,A7• rr ��� •PECAN I -
�C _ O° '� a � � i� .1 MH-FP2
.?Z? DE TROIT l 'AVE +
QNICAGO�O��AVE Q
kti FIC !� �'II! ,�`IIj.� �N R2-Pr�ID-CZ-FP2 m
2 O 4`Ar D a 2 O i��J i1�• C. r+ � I 1, � ,� •tsi '.
v TO ti BALTIMORE AVE LL R2-PD CZa�
Q •y r -FP210 '
to
Ois F° �� Oi o e fV r �exc.r �r---- C -�'•
j9^,p/ Q` •Pr / rP e � K (r IR2•PD-CZ-FP2� !R2-PD-CZ•FP2
r �
...... - .,� -- ATLANTA I
R2-P6-CZ-FP2
7R/� T .e/C '� A .a9' - � w G jn�re•oo-u ii w?n�e4�::;-4.)
""-:oo-y ":tirrrui tt( ",;•_ R2-PD-CZ-FPZ
Q I xnxx-o oz± _
DO TOW4 S ECiFIC P11No
e oI � j' 2D`�, p�
I j} M I*
J
o ;
C R2-PD-CZFP2 mJ15T !e
A 'U n
�'•.'lori:lgD•.-..___ ..1
R2 PD CZ fP2 R2-PD-CZ= P7
�90/ 00 O/sT SAF •- v�FMD!;'_•-_
Y ... .
Cr
ArC �Q� R/ C/F/ / n o :
/rTQ QlyN °r# °< R2i'D CZ FP2 R2-PD CZ-Fpp'
So 0
# F S MH-CZFP2 (it�.t[sC::-`:aA•-•.'.[.pE�tra.
r/A�/�/� �>'�o/Sr � � R2-Ptl-CZ-FF2-'•.�S?-+tAta
\ -0 DOWNTOWN SPECIFIC PLAN-�
o 0
DIST T#8b-FP2
—- - Io°'I \ 0k 6I
SCALE -- -..._.__ IM RETQ,!''1, .I•I / ..
IFT-13478-
HUNTMGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION