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Home My WebLink AboutAll Of TT 13014 Southridge Homes 4/3/89 ST.*NT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California April 3, 1989 Mayor Bannister called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None CONSENT CALENDAR - ITEM APPROVED On motion by MacAllister, second Green, the following item was approved as recommended by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Erskine (out of room) *************************************************************************************** NOTICE OF COMPLETION - TRACT 13014 - SOUTHRIDGE HOMES - Accepted improvements dedicated for public use in Tract 13014 located P.C.H. btween 20th and 21st Street, authorized release of Faithful Performance Bond and Monument Bond, accepted guarantee and warranty bond number 3SM 717 961 00, 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 9:36 — to Monday, April 17, 1989 at 5:30 PM in Room B-8, Civic Center, Huntington Beach, CA ATTEST: Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City Connie Brockway of Huntington beach, California City Clerk STATE OF CALIFORNIA Wes Bannister Mayor County of Orange ) City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 3rd day of April 1 1989 WITNESS my hand and seal of the said City of Huntington Beach this the 4th day "of April 19 89 Connie Brockway City Clerk and ex-o is o C erk of the City Council of the City of Huntington Beach, California BY ' a, pu y 12178 California, in regard to my workmen 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, 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, regardless of the wilful misconduct, sole negligence or concurrent active or passive negligence by CITY its officers, employees and servants and from the sole negligence, concurrent negligence or misconduct negligence of third parties . 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 pursuant to paragraph 9 hereof . 8 . PUBLIC WARNING AND PROTECTION SUBDIVIDER shall at all times until acceptance by City Council of the improvements offered for dedication in said work or improvement by said Council, give good and adequate warning to the -5- I 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 . That 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. 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. REST OF PAGE NOT USED -6- JONES,CAHL&ASSOCIATES CONSULTING ENGINEERS JUL ' J � u NUNT'lyG�.oN B O Cy CAL�� July 22, 1987 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92649 ATTN: Mr. Bruce Crosby; Public Works RE: Tract No. 13014 Vista Del Mar Huntington Beach, CA Dear Sir, As requested we are submitting the following list of quantities for public and private improvements on the above mentioned tract: PUBLIC IMPROVEMENTS ITEM QUANTITY 1. 0 .25 ' A.C. / 0 . 50 ' A. B. 1375 S .F. h 2 . 0 . 20 ' A.C. / 0 .50 ' A. B. 1342 S .F . 3. Variable A.C. Cap 6670 S .F. ,�o 4 . Sawcut existing A.C. 700 L.F. 5 . Remove & replace in kind A.C. & Conc. 1586 S .F. .-- -Igl.00 6 . Curb, and gutter (Type A-2) 275 L.F. — . -Lysp. w 7. Concrete sidewalk 3159 S .F. _ -IF 9p.ao 8. Concrete driveway 224 S .F. .•_ u7z vo 9 . Concrete alley gutter 506 S .F. 10 . Concrete alley approach 108 S.F. - 11. Remove existing misc. concrete & A.C. 4161 S .F. _ zcg�oti 12. 8" V.C.P. Sewer 15 L.F . - 13. 8" P.V.C. Waterline 60 L .F. �rvo-& 14 . Fire hydrant assembly 2 each c a.ou. e 15 . Street lights 2 each - zoc�.0o 16 . �Landscape and irrigation 675 S .F. I T V 1-5 L '3 dOz,d 36, 06e &V EXHIBIT A 18090 Beach Boulevard • Huntington Beach, California 92648 • (714) 848-0566 2 _ City of Hunt Beach 7/22/87 Mr. Bruce Crosby PRIVATE -IMPROVEMENTS ITEM QUANTITY 1. 3" P.V.C. Water Main 10 L.F. 2. 3" Water meter 1 each -., 7opp. 3.. 4" P.V.C. Fire Main 10 L. F. 4 . 4" Double Check Detector 1 each 5 . 8" V.C.P. Sewer Lateral 10 L.F. 3✓, 6 . 15" R.C.P . Storm Drain 10 L.F. 7. Connect 15" R.C.P. to existing C. B. 1 each �o --- Monument Bond Amount 3140 Gv $ 1, 500 .00 --- Total Number of Units 42 --- Blue Border Acerage 0 .936 AC. --- Owner' s Name: VISTA DEL MAR; A California Limited Partnership Southridge Homes; General Partner By: Richard P . Kelter By: Robert L. Sf reddo If we can be of further assistance with this matter, please do not hesitate to give me a call. Very truly yours , JONES-CAHL & ASSOCIATES l� R. H. Cahl, P.E. RHC:ykc E X Ong I FBAb I T A JONES,CAHL&ASSOCIATES 18090 Beach Boulevard • Huntington Beach, California 92648 • (714) 848-0566 WFASr-t•, AJ w OQO MAINSTREET.: -`' -CA OFORNIA 92648 2 Paul E. Cook Public Works Department Director (714) 536-5431 July 28, 1987 Southridge Homes 15568 Graham Street Huntington Beach CA 92648 Subject: Bond Amounts and Fees - Tract 13014, PCH between 20 th and 21s t Streets Gentlemen: Itie following are bond amounts and fees receivable from the subject tract: Bonds Monument $ 1,500.00 Improvement (faithful performance) $ 36,000.00 Improvement (labor and material) $ 18,000.00 Guarantee and Warranty $ 3,600.00 Fees Sewer, 42 units @ $130.00/unit $ 5,460.00 Water, 42 units @ $60.00/unit $ 2,520.00 Drainage, 0.936 acres @ $6,000.00/acre $ 5,616.00 Engineering and Inspection, 8% x $39,740.00 $ 3,179.20 Construction wager, 42 units @ $12.00/unit $ 504.00 *O.C.S.C. sewer, 42 units @ $1,250.00/unit $ 52,500.00 Enclosed are bond forms and a certificate of insurance form for the subject tract which you should have executed and returned to this office. 'Ihe bonds, the insurance certificate and the fees must be submitted prior to approval of final map. If master-planned water, sewer or storm drain facilities are included in your construction, you may be eligible for reimbursement for a portion of the con- struction costs. A waiver of the pertinent fees (to the extent of the constructicn costs) would be a part of that agreement. Please contact this office for further details. For Park, Recreation and Building Plan Check fees, please contact the City of Hunting- ton Beach Development Services Department. *'his fee may be paid prior to final building inspection. Sincerely, Bruce P. Crosby - - - Senior Plan Checker BPC:ik CAT.No. CA(1-831 6 TO 21954 CA(1- QCO TICOR TITLE INSURANCE (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF _ SS' On _7 before me, the undersi ned, a Notary Public in and for t said State, personally'appeared oc personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed i the within instrument as the President,and d personally known to me or proved to me on the basis of satisfactory evidence to be the erson who executed the within instrument as the Secretary of the corpora_D'on th t exee,cuted th within instrument on behalf of �Gl� �rict( mimes the partnership that executed .. • OFFICIALSEAL the within instrument, and acknowledged to me that such ;/ ... CHERYL H. GRUBB corporation executed the same as such partner and that NOTARY PUBLIC-CALIFORNIA such partnership executed the same. Principal tic•in WITNESS my hand and official seal. ORANGE COUNTY •••a••'' MT Commission Expires Mar.25.1991 Signature �� (This area for official notarial seal) (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF -ems SS' On / before me, the undersigned, a Notary Public in and for t said State, personally appeared >°ll/n C• d personally known to me or proved to me on the basis of satisfactory evidencey,be the per/on�j ho execu ed m the within instrument as the President,and l�j��/A X • Kul x d personally known to me or proved to me on the basis of satisfactory evidence to be the.Person who ex cured the within instrument as the Secretary of Val fir ��r42QC,2-l`Olt— the corporation that executed the. within in trument on behalf of Win( :44-)n'drf S Flo rrLe S OFFICIAL"•E the partnership that executed � OFFICIAL SEAL the within instrument, and acknowledged to me that such CHERYL H. GRUBB corporation executed the same as such partner and that :_db NOTARY PUBLIC-CALIFORNIAPrincipal Office in such partnership executed the same. ORANGE COUNTY WITNESS my hand and official seal. •....•• My Commission Expires Mar.25,1991 Signature (This area for official notarial seal) - COUNTY OF ORANGE ss: — On this p1 _ day of 19D Z, before me, a N Pub is in and for said 4COuy and State.41 personally appeared and , known to me to be the Mayor of the City of Huntington Bea hk the munnown to icitalbcorhe City Clerk the within instrument, known to me to be the persons executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same• r a.PAS COUNTY W CWM:E11p.,pare 24,19M f , REQ UEL FOR CITY COUNCIIACTION Date April 3, 1 9,99 Submitted to: Honorable Mayor and City Council /� Submitted by: Paul E. Cook, City Administrator c`- - Prepared by: q, Louis F. Sandoval, Director of Public Works APPROVED BY CITY COUNCU Subject: NOTICE OF COMPLETION TRACT 13014 —��---�-T 3 19• g i CIT CLE Consistent with Council Policy? kC ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Southridge Homes has completed all street improvements for Tract 13014 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: g9 1. Accept the improvements dedicated for public use. 0 2. Release the Faithful Performance Bond. J . 3. Release the Monument Bond S- 4. Accept guarantee and warranty bond number 35M 717 961 00. /1'� 5. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Southridge Homes, 15568 Graham Street, Huntington Beach, CA 92648 Engineer: R.H. Cahl, 18090 Beach Boulevard, #12, Huntington Beach, CA 92648 Location: P.C.H. between 20th & 21st Streets Lots: 1 Acreage: 0.936 Zone: Downtown Specific Plan - District 2 ATTACHMENTS: Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. LFS:BPC:dw 2003g/3 PI O 5/85 SECTIONAL DISTRICT MAP 10-6-11 c." I ' CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 9 �° 0 � :� qFc � `y4e ��` ♦ . q ` ' � F qc ;.� OU • � :.� •_e��r \` ,♦ yam. , qty^ cF4� 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK f September 9, 1987 x^ \1y' Orange Coast Title Co. 640 N. Tustin Avenue Santa Ana, CA 92705 Attention: Don Boington RE: Tract Map No. 13014 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. Alicia M. Wentworth City Clerk AMW:bt Enclosure Received by Dated (Telephone:714-536-5227) A'j I' City o Huntington Hunti ton Beach P.O. BOx 190 CALIFORNIA 926" OFFICE OF THE CITY CLERK September 9, 1987 Southridge Homes 15568 Graham Street Huntington Beach, CA 92648 Gentlemen: - The City Council of Huntington Beach, at its regular meeting held Tuesday. September 8.' 1987 approved the Subdivision Agreement for Tract No. 13014. We are enclosing herewith a duly executed copy for your files. Sincerely, Alicia M. Wentworth City Clerk i AMW:pr Enclosure i I i SUBDIVISION AGREEMENT THIS AGREEMENT is entered into this _ 41h day of 1987, by and between CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SOUTHRIDGE HOMES, 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. 13014 , 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, 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 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 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, 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 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 . -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 AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC ) , Article 997 , upon execution hereof SUBDIVIDER shall deposit with the City Treasurer ( 1 ) the sum of $36 ,000, 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, (2 ) an additional $18,000 for labor, materials or equipment, and (3 ) an additional amount of 10% of the total actual cost of the improvements for the guarantee and warranty of the work for a period of one ( 1 ) year after completion thereof. Exhibit A, incorporated herein by this reference reflects the public and private improvements required herein. The deposits 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. 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 protective liability policy in which CITY is named as an additional insured. The policy shall insure CITY, ( including its officers and employees ) against loss, damage or expense by reason of any suits, claims, demands, -3- 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 not less than the following amounts: 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 conditioned 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 upon execution of this agreement by SUBDIVIDER. 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 cancellation is effective. Certificate of Insurance coverage furnished to City are accepted subject to approval as to form by the City Attorney. This agreement is void until certificate approved. 6 . WORKERS ' COMPENSATION SUBDIVIDER shall comply with all of the provisions of the Workers ' Compensation Insurance and Safety Acts of the State of -4- • IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: SOUTHRIDGE HOMES, a California general partnership consisting of KELTER CORPORATION, a California Corporation and D. S. PRODUCTS, INC . , a California Corporation by two of each corporation 's corporate officers as follows: KELTER CORPO 0 D. S. P CT , INC . By: B % A D P. KELTER �: R L . SFREDDO Sec t ry/Treasurer r e t By: By. CI OF T GTO BE ' 14ayor ATTESTALIOiq M. ENTWORTF►TY CLERIC APPROVED AS TO FORM: City Clerk 47 C ty Att ney REVIE ND APPROVED: INITIATED AND A OV 7 Adminis .r or Director of Public Works -7- 1 • 1 1 PAYMENT OF PARK AND RECREATION IN LIEU FEE AGREEMENT (HUNTINGTON BEACH ORDINANCE CODE ARTICLE 996-B) THIS AGREEMENT is entered into this d day of 1987, by and between CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SOUTHRIDGE HOMES, a 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 and is about to file with CITY a map of the tract of land known as Tract No. 13014 , and As a condition of the approval of and prior to the recordation of said subdivision map, subdivider is required to dedicate a portion of the land in said subdivision for park and recreation purposes or to pay a fee in lieu thereof, and SUBDIVIDER desires to enter into an agreement with CITY to pay the in lieu fees, to delay payment of said fees, and to execute and deliver to CITY bonds for the faithful payment of said fees. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: I� -1- 1 . PAYMENT OF IN LIEU FEES SUBDIVIDER agrees to pay a fee to CITY in the amount of Sixty-Seven Thousand Five Hundred Twenty-Six and 52/100th Dollars ($67 ,526 .52 ) lawful money of the United States, in lieu of park and recreation land dedication for Tract No. 13014, a copy of the map and conditions for which are hereby incorporated by this reference. 2 . DEFERRAL OF IN LIEU FEES In accordance with Huntington Beach Ordinance Code Article 996-B, SUBDIVIDER agrees to submit a surety bond in the amount of Sixty Seven Thousand Five Hundred twenty Six and 52/100th Dollars ($67 ,526 ,52 ) , lawful money of the United States. The bond is given to CITY to insure faithful performance by SUBDIVIDER of it 's obligation to pay the aforementioned in lieu fees . The bond must conform to the requirements of Huntington Beach Ordinance Code Section 9961 .2 . 1 . 3 . TIME OF PAYMENT OF IN-LIEU FEE 'S The payment by SUBDIVIDER of the in lieu fee to CITY shall take place prior to the issuance of a Certificate of Occupancy or final inspection of the first unit of the first phase or one year from the date of the execution of this agreement, whichever comes first . In no event shall the Certificate of Occupancy or final inspection of the first unit of the first phase issue until the in lieu fee is paid. -2- • 6 . 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 : SOUTHRIDGE HOMES, A G e r,a Pa n Ma 4FORM- tkLICIA ATTEST: OVED AS 0 M. WENTWORTH CITY CLERK � i City Clerk IAA Ci y Atto ey REVIEWED AND APPROVED: NITIATED AND APPR ED: CJ �. City Admini tra't-org Director of Public Works -3- - ) w REQ UES01FOR CITY COUNCIL CTION Date APPROVED BY CITY U UJN Submitted to: Honorable Mayor and City Council 19d.!��--77 . Submitted by: Charles W. Thompson, City Administra or ITY cL' Prepared by: Douglas N. La Belle, Director rmu Paul Cook, Director, Public Work Subject: FINAL TRACT MAP 13014, BEING ALL OF TENTATIVE TRACT NO. 13014, AND BONDS AND AGREEMENTS FOR TRACT 13014 Statement of Issue, Recommendation,Analysis, Funding Source,-Alternative Actions,Attachments: STATEMENT OF ISSUE• The final map of Tract No. 13014 being all of Tentative Tract No. 13014 , located on a half block on the inland side of Pacific Coast Highway between 20th. and 21st. Streets, has been submitted to the City Council for approval . Tentative Tract No. 13014 will expire on March 17, 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. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. .00 PIO 4/81 d. 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. e. The bond for Park and Recreation fees shall be approved as to form by he 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 701 359 00 b. Labor and Material Bond No. 3SM 701 359 00 c. Monument Bond No. 3SM 701 360 00 ANALYSIS: SUBDIVIDER: Southridge Homes 15568 Graham Street Huntington Beach, California 92648 ENGINEER: R. H. Cahl 18090 Beach Boulevard Suite 12 Huntington Beach, California 92648 LOCATION: The half block on the inland side of Pacific Coast Highway between 20th. and 21st . Streets ACREAGE: . 936 acres gross LOTS: One lot NO. OF UNITS: 42 ZONE: DTSP-2 (Downtown Specific Plan-District 2) GENERAL PLAN: High 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. RCA - 9/8/87 -2- (8968d) ENVIRONMENTAL STATUS: This action to accept Final Map 13014 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . The project itself is exempt because it is in conformance with the Downtown Specific Plan Environmental Impact Report pursuant to Section 15182 . FUNDING SOURCE: Not applicable. ATTACHMENTS 1. Area map 2 . Monument Bond #3SM 701 360 00 3 . Faithful Performance Bond #3SM 701 359 00 4 . Labor and Material Bond #3SM 701 359 00 DNL:PP:kla RCA - 9/8/87 -3- (8968d) �. II// � � • 'III WA ///I • FT 130 14 , HUNTINGT BEAC i3o�y BOV- NO. 3SM 701 361 00 P um $2,026.00/yr. Security Bond for payment of — PARK AND RECREATION IN-LIEU FEES 9-9—�� HBOC 9961 ,2 KNOW ALL MEN BY THESE PRESENTS, That we, Southridge Homes, a General Partnership ,as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY , as Surety are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the just and full sum of Sixty Seven Thousand Five Hundred Twenty Six and 52/100ths------------------------------------Dollars ($ 67,526.52 ) ,lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.. WHEREAS, Huntington Beach Ordinance Code Article 9961.2 permits deferral of park and recreation fees upon submission and approval of a surety bond to guarantee payment of such fees and WHEREAS, the Principal and the Obligee have entered into an agreement whereby the Principal agrees to pay a fee in lieu of park and recreation land dedication required for Tract No. 13014 , a copy of the map and conditions for which are hereby incorporated herein by this reference; and I.THEREAS, the Principal elects under the terms of the City's Park and Recreation Facilities Ordinance (ART 996B) , to furnish a bond to defer payment of such fees until issuance of a Certificate of Occupancy or final inspection of the first unit of the first phase or one year from the date of execution of this agreement, whichever comes first. NOW, THEREFORE, if the said Principal shall well and truly do and perform all of the covenants and obligations on its part to be done and performed at the times and in the manner specified therein, and pays all of such fees prior to the issuance of a Certificate of Occupancy or final inspection of the first unit of the 'first prase or one ;•ear from the date of the execution of this agreement, whichever comes first, then this obligation shall be null and void and of no effect; otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on July 31, 1987 i Southridg Hom a enera a ership TO FORM~ BY: c '` r�=rOi1 Attorney �y BY. / AMERI AN M OR ST.S INSURANCE COMPANY +-- A.tto Ity BY: BEVE Y MARTIN, Attorney-in-fact NOTICE OF C 'LETION WITH CONDITIONS OP RACTS 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 . . . . . . . . Rand for linnumonts . . . . . . . . . . . 1-1hor 11olid . . . . . . . . . 1 I Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date q — 1 ,g TO: City Clerk FROM: PLANNING DIVISION James W. Palin i TRACT NO. I -�-)D 0 j PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER: (Signature) RETt7RN TO: CERTIFICATE OF INSURANCE APPROVED AS TO FORM City of Huntington Beach • TO • (,�,I L Insurance&Benefit-Division P.O.Box 190 CITY OF HUNTINGTON BEACH,CALIFORNIA Huntington Beach,CA 92648 City Attorney 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 /f /+ Address of Insured Location of Work or Operations to be performed TAQ C Description of Work or Operations S;�fPQ 7-- POLICY DATES LIMITS OF LIABILITY Name of Insurance Co.& In Thousands(000) Self Insured Retention or POLICIES IN FORCE POLICY NO. Effective Expiration Deductible. GENERAL LIABILITY [X] COMPREHENSIVE FORM TBP029009 4/7/87 4/7/88 [A PREMISES—OPERATIONS $ 1 000 CSL C NA I n s. Co. [A EXPLOSION AND Each Occurence COLLAPSE HAZARD [X1 UNDERGROUND HAZARD [A PRODUCTS COMPLETED OPERATIONS HAZARD [XI CONTRACTUALINSURANCE pci BROAD FORM PROPERTY t��++ 1��1 DAMAGE AUt7 iJ [X1 INDEPENDENT & KNEFITS CONTRACTORS 11 PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY [A COMPREHENSIVE FORM BUA0290099 4/7/87 4/7/88 [>J OWNED $ CSL 1000 CNA I ns. Co. [X] HIRED Each Occurence k) NON-OWNED EXCESS LIABILITY [ 1 UMBRELLA FORM I $ 11 OTHER INSURANCE COVERAGE WORKERS'COMPENSATION AND Waiver of subrogation from W773670 7/1/87 /1/88 Homeland Ins. Co. Workers'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding 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. Staib Insurance Service IJ ,/`� tiVM0A-N) TNf,)A,4,00 Agency or Brokerage Insurance Company 1601 E . Chapman Ave. , Fullerton, CA 92631 ress Rome Uffice Name of Person to be Contacted Authorized Signature Date 714) 773-0444 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. 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 Proprieto General Partnership/California Limited Partnership/California Corporation/ Other st circle the appropriate choice or fill in the blank) 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 awarded toQty byyaa court o competent jurisdiction. SIGNED: By: �`` �. � Title: ,ue By: 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. 4' P.0.Box 190 HUNTINGTON/EACH Huntington Beach,CA 92648 ti S . E . EATON COMPANY Post Office Box 11971 Costa Mesa , California 92626 July 30 , 1987 City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Attention : Mr . Art Folger City Attorney Reference : Vista del Mar Tract Number 13014 Dear Mr . Folger: Southridge Homes , the owner of the property of Tract 13014 , is contracting with my company , S . E . Eaton Company , for all street improvements related to this project . I currently have a $1 ,000 , 000 insurance policy on file with the City of Huntington Beach . I agree to provide a Certificate of Insurance to the City naming the City as additionally insured for the liability limits . Sincerely , �S,./ E . Eaton Co any Cam!/ Wally merson ,I