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HomeMy WebLinkAboutTracts Por If 11673 Mola Dev. Corp 6/5/89 -- ti:may._..:L....r. .. ♦ / �� �r" STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California June 5, 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: Green, Winchell , Bannister, Mays, Silva, Erskine Absent: MacAllister CONSENT CALENDAR - (ITEM APPROVED) On motion by Erskine, second Silva, the following item was approved, as recommended, by the following roll call vote: AYES: Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: MacAllister RELEASE OF GUARANTEE & WARRANTY BOND TRACT 11673 - MOLA DEVELOPMENT CORPORATION - authorized release of Guarantee and Warranty Bond in Tract 11673 located e/s Beach Blvd, s/o Adams Avenue and 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 ity of Huntington Beach at 11 55 PM to Thursday, ,lunp 15 at 7:00 PM in Westminster City Hall Wpstminctpr. CA ATTEST: Connie Brockwa City Clerk and ex-officio C erk of the City Council of the City Connie Brockway of Huntington beach, California City Clerk STATE OF CALIFORNIA ) Wes Bannister County of Orange ) Mayor City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 5th day of June , 19 89 WITNESS my hand and seal of the said City of Huntington Beach this the 6th day "of June 1989 Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY N f [tau Cit of ftntin ton Beach Y g'.O. OOX is* CALIFORNIA � From the desk of: Alicia Wentworth,City Clerk oor z77 ,mtfw -S:.w•t- .,ri.r .;.9eiM=�inee�riiAa:c ��o;at.,.-s.��_��:.k�s--.�wr.t ran,,,.. FAIRANT INSURANCI*OMPANY SUBDIVISION IMPROVEMENT BOND ,nn Bond No. SB 001277 FAITHFUL PERFORMANCE (CALIFORNIA) !f . ,Iv.� Initial Premium $3,690.00 KNOW ALL MEN BY THESE PRESENTS, That Mol a Devel opmen.t_Co.rpor_ati On �- 8072 Adams Avenue, _Huntington RParh - CA 92APA as Principal and the FAIRMONT INSURANCE C'(YMPANY, a Corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ti tv_ of Huntington R ach , as Obligee, in the sum of Twn hrtndred five thousand—&—t34 aQQ------- Dollars($9n1 nnn nn ), for the payment whereof,well and truly to be made,said Principal and Surety bind themselves,their heirs,administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on April 27 19 84entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: Tract 11673 (Seabridge Project) To Pay Park and Recreation fees pursuant to Section 9961.2.1 of the Huntington Beach Ordinance Code as more fully set forth in said Agreement. <. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants,terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named he ein. Signed,sealed, " d dated April 27 1 g 84. Mola Oe el. n Cor or(*tion Principal FAII , 1( 'T N I 'CE CO. 1 ANY By_ Art h J. C1 ent Jr. Att -'n-Fact P.O. Box 779 Btu - Address APPROVED AS TO FORM: GAIL TiUTTON City Attorney By: Deputy City At orn07 j-330(10 63) J• !' City of Huntington Beach 1 ' P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 3, 19.84 ORANGE COAST TITLE K' TUST N A NTANNAj �A 0� 05 Attention: Subdivision Officer RE: Tract Map No. 11673 Gentlemen: This is to inform you that all feeu have been paid and conditions met on the above named tract. You are free to record same at your convenience. Sincerely yours, Alicia M. Wentworth City Clerk AMW:to Received by Date ALMONT INSURANCE COMIWV Burbank, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation; does hereby make, constitute and appoint ARTHUR J. CLEMENT, JR Of BURBANK, CA California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Com- pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice president,the chief inancia officer,or the secretary of the corporation may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorne ,for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, uneZi-takings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall e val-id--and binding uppon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial ut7icer, or the secretary of the corporation and duly attested and sealed,if a seal is required,by the secretary or assistant secretary,or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the Ord day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any Power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal,when so used,being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation,to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 4th day of October, 1983. q*(�••'•., FAIRMONT INSURANCE COMPANY .... By _ APR. 10 �v= W 1970 z= /• 4L ..,. •'� �� Signature ...• .` `''•.,, CA L I F. ��.�` Tanna P. Handley, Secret Primed in U.S.A. (Over) SPA-9 y � ' City of Huntington Beach r P.O. BOX 190 CALIFORNIA 92648 �. OFFICE OF THE CITY CLERK April 18, 1984 Mola Development Corp . 808 Adams Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held August 22, IQ24 approved the Subdivision Agreement for Tract No. 11673 We are enclosing herewith a duly executed copy for your files. Sincerely, � All? Alicia M. Wentworth City Clerk AMW:pr _ Enclosure STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: On this `'5RA ha, day of 19, 3 , before me, a Notary Public in and for said County nd State, personally appeared 4h// /t*C.4/1r51-'eA , known to me to be the Mayor and 4-,4-,c„+ 4/- g1,pA1j4un1,L6 , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged rporation executed� i• ted the same. OFFICIAL SEAL CO,v .:� A . B- CCOVAY 0-1 O:T 10 1985 STATE OF CALIFORNIA COUNTY OF , }SS. On this day of 19 ,before me,the undersigned, o a Notary Public in and for said Count d Stowk,p on IIy a eared 0 a personally known to me(or proved, me on the basis of satisfactory evidenc )to be the President,and �T� If, t - VOW _ZI LU Epersonally known to me(or proved to me on the basis of satisfactory evidence)to be the CSecretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and OFFICIAL SEAL acknowledged to me that such corporation executed the same, Q 1 CARON KAY 0 A`;:i'SON pursuant to its b laws,or a resolution of its Board of Directors. m NOTARY ANU--c- P Y .=��� cR.a�ce cc-; -v WITNESS my hand and official seal fA Comm.E x p zFes M;rch 10,1966 jtart' Ignature (This area for official seal) REQUEST FOR CITY COUNCIL ACTION Date ]-ne 61 1989 Submitted to: Honorable Mayor and City Council .� APPROVED BY CITY COUNCIL Submitted by: Paul E. Cook, City Administrator 6 -,s 19-0'9 Prepared by: Louis F. Sandoval, Director of Public Works Subject: GUARANTEE AND WARRANTY BOND TRACT 11673 c TY CLERKa Consistent with Council Policy? b<] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Mola Development Corporation has waited the required one year since the acceptance of Tract 11673 and is requesting release of the Guarantee and Warranty Bond, as required by the Subdivision Map Act. RECOMMENDATION: 1. Release the Guarantee and Warranty Bond. 2. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Mola Development Corporation, 808 Adams, Huntington Beach, CA 92648 Engineer: Don Greek "< Associates, I I I S. Orange Street, Orange, CA 92666 Location: E/s Beach, S/o Adams Lots: 3 Acreage: 9.665 Zone: Seabridge Specific Plan 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 2066g/10 P10 5/85 SECTIONAL DISTRICT MAP 12 -6 —II D ` We SCALE IN IEET ¢. CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP J l ADAMS AVE z t I L I Lr.u Iz B NORTNPORT DRIca I TON :R. J 1 E C0. 11 m B CR NAXTON CR. VISCOU Sch La `¢tt.tp. IN CR- DELLSNME DN MILLBRIDG CR. XI I I i]��� v•y� .L,•+ 3 Y I I - _ KNIGMIS�Vl B DR. [ 1'tK`,. �'t RM•f.__.. ; - NORFOLK DR_ NELSO OR. ' Iy "H111111111 J. 'T! O ;I; cuprt = PD CN G1'LAN! JR ` LL .� " UPE NEWS R e MASTER Y ! I—! : I Ij ' DR.j BURLCREBT DR,t - ••y-'f•••.•? SWT—RT DR.V CF-R I in No LARr 3 1 fry OR. SEALROCX OR, F-E RENTON CR.I E \,ILL_J�III N i � � MARY4CE I � y Z i SEAPORT DR, DR. .. B:'D L OR. J WRR I I I I I I I I I I J W � MONSTER i DR UxTON DR.o � CF-R oAN� a `a N � I � z o � a 'tli DAiFr='•f'lfa:l Oni � 11 . MALLOY z F DR $ 3 ; i s 1 Z I N I I ,i„ CNARFORD DR. m BMNFORD I o DR I 9b 2 I i INDIANAPOLIS Y z AVE 7 Nay~ ,�5� 't. - A.t•.{I REILIY DR ,. \ AS'.f ;✓,; �4...__ aro`+•\J:' J SE C QY J f'. CF-E TERN SAIL CR. -l♦;?r C`✓: E;$ HERON DR ..., r. -- - j'\ "-�.r-_..^• :;�. MERMAID C O v.?•. .. t•: Nr5 rc o CRANE CR KINGFISHER DR ii li 1 .• I �'• J Q _ f ' SF4BWD CR LLv4R400 ti 0: EVELYN CA _ fASTIIIAN DR �. :,••j'-}\- t\ ,,::i.:I,b-' !iG �,.""=-- mV j I LL I E i Z yJ N (4'•_.it: ..'.)'"1 fl._,J�i SNOWBIRDty DR z J g I. n — ATLANTA AVE STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California April 18, 1988 Mayor Erskine called the regular meeting of the City Council of the City of Hunt ngton Beach to order atat Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None ,r,t,r**,r,r**,t******,r,r,r**,rya+**.*,t,r****,t,r,t**,►*rr**********,t,r*�a********,r,r*****,r,r********,r*,r�*** CONSENT CALENDAR - ITEM APPROVED On motion by Kelly, second Finley, the following item was approved, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None NOTICE OF COMPLETION - TRACT 11673 - MOLA DEVELOPMENT CORPORATION - Accepted improvements dedicated for public use in Tract 11673 located e/s Beach Blvd. , s/o Adams Avenue, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the Developer and the City Treasurer to notify the bonding company of this action. Mayor Er~ kine adjourned the regular meeting of the City Council of the City of Huntington Beach at 10v30 to Monday. April 25. 1988 at 6:00 PM in Room B-S. Civic Cpntpr. Huntingtnn Bpach. CA Alicia 11. Wentworth ATTEST: City Clerk and ex-officio Clerk of the City Council of the City Alicia M. Wentworth of Huntington beach, California City Clerk STATE OF CALIFORNIA ) John Erskine County of Orange ) Mayor City of Huntington Beach) I, ALICIA M. WENTWORTH, the duly elected 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 18th day of April WITNESS my hand and seal of the said City of Huntington Beach this the 20th day of April 19 88 . Alicia M. Wentworth City Clerk and ex-o icio erk of the City Council of the City of Huntington Beach, California e uty 12/78 1 � V REQUE,* FOR CITY COUNCID C ACTION Date April 5, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director Public works TY Subject: NOTICE OF COMPLETION TRACT #11673 -VL0'V'zD BY CI Consistent with Council Policy? [g] Yes [ ] New Policy or Exce - ciTY cLF1 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Mola Development Corporation has completed all street improvements for Tract #11673 and is requesting release by the City, as required by Section 66499.7, of the Sub- division Map Act. RECOMMENDATION: 1. Accept the improvements dedicated for public use. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond. 4. Instruct the City Clerk to notify the Developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Mola Development Corporation, 8072 Adams Avenue, Huntington Beach 92646 Engineer: Don Greek, 111 South Orange Street, Orange CA 92666 Location: E/s Beach Boulevard, S/o Adams Avenue Lots: 3 Acreage: 9.665 Zone: Seabridge Specific Plan ATTACHMENTS: Sectional District Map Boundary Map This tract has been constructed in substantial accordance with the plans and speci- fications on file in the Department of Public Works. LGE:BPC:ik Plo 5/85 SECTIONAL DISTRICT MAP 12-6 -11 � 6CAlC IN!QT 2 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP J ADAMS L AVE 1 ' L —t :IT njy_C'.'§d�" ' 8 NORTNPORT J O] iR -NAR CN VlWWN DR } � L ``.4�'�•-'i'`. PILL RI CR ,� } — T NWOLK DR KELM DR. V _T__._._ cu FYL rASTF s � � I _I�_ . 3 us '"'�•.> V - !'mUTNT.DRT pPu CF-R .• (PARK) J 3 ..'..c` yQ 4Rr `[''f•<y'Q I 3Y4ROCM OA C F—E NENTON y H' I:•• sAJ � .: I 2 � J J � YARORT yl J OR h •b; i r > ___..__• ruLO yy I I - � LLMSTER y DR N R- .' 3 a dri i I I I I CF-R _ qY D4f NALLOY51 1 z ! W 1 I i cwRloR: D• D J I a INDIANAPOLIS > _ I I Fl REILLY DRLW J m a. CF—E TERN CA L OR ai j ► &WXRNAID CRANE CR �tpll!t'y i-. .. _.._.. ;r.•`� /1\\yR'� - M "�.�y KINGFISHER W DR lk tAlRD CR —.ADO -I nxwro .- ;T-- SNDIYBIRD mIT ATLANTA AVE ADAMS AVENUE I 3 I l II I� I fo I` F1� IV /it/M r!•JJJ 01 � •+nsm t•9ar I •• _ 1I j.�w r a b.rwr a C.n a w.nrne.A«w y �- III. •I— rwa.a.o M I.....W W.w...l�M..,e a l I l A IS t I p9 t 1, 1 F W :6 oiL s a 0'116A l-, rC �' ° rr.ra I • wJ'.. � "ter II IT "�•'•' I ` �.......r..,...,vim R d� ..• � I '\ ° g� t i ` S• b ,.. 77 060 73 091 75 313 JJb 71 01] 7B 010 cw•.�..e o.rr.......r \ e' I 79 033 c...o.w•,..•.,a,ea.... I 30 059 0a•.9:o�w-..•r».•w .9 \. 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NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date t Z • FROM: PLANNING DEPA-:TMENT James W. Pali ._t TRACT NO. RECREATION & PARKS FEES F,�ID G► F 3 Other: ignature NOTICE OF - JMPLETION WITH CONDITIONS - "I TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : Z FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby 3 TRACT NO . DEVELOPER G�2� CONDITIONS : Deposit of fees for water, sewer, drainage , engineering and inspection Bond for Improvement . . . . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . . . . . . . Hond for Monuments . . . . . . . . . . . I t X l"l,tiori ;11 Bond . . . . . . . c? l lit,r Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT AUTHORIZATION I,OR RELEASE FOR RECORDING TO: City Clerk Date 5 "' 3 - 04 FROM: PLANNING DEPA'�':TMENT James W. Pali:t TRACT NO. If &-3 RECREATION & PARKS FEES F A ID Oe-,-71VrI /V ep , 50 d0 I Z-7 Other: J`yt —J�q a wou vt I "I ,$7®!� d(z> O Le-.pRt4 -to Serfioh jyz�gpj�� p� �� 'Signature) h v IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year eirst above written. SUBDIV` CITY OF HUNTINGTON BEACH a ni ipal corporation Frank ola - President Mayor e r Von Elten, Secretary ATTEST: APPROVED AS TO FORM: City Clerk City Attorney -� REVIEW AND APPROVED: 7IAT, A=ROVED: r City A vi'histrat4r Director, Public Works r TE:kdl - 8 - 6/14/83 1 SUBDIVISION IMPROVEMENT SECURITY AGREEMENT THIS AGREEMENT is entered into this Z�h day of ne 1983, by and between CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and MOLA DEVELOPMENT CORPORATION, a California corporation, hereinafter referred to as "SUBDIVIDER. " WITNESSETH: WHEREAS, SUBDIVIDER is subdividing that certain parcel of land shown within the subdivision boundaries of Tentative Tract Map 11673 (herein as "map" ) and, CITY has imposed certain on-site and off-site development improvement requirements (herein as "improvements" ) upon SUBDI- VIDER, which conditions must be fulfilled prior to recordation of a final map, and, Exigent circumstances have made it impossible for SUBDIVIDER to construct such improvements prior to the filing of said final map, and SUBDIVIDER desires to post security with CITY to insure that all improvements will be completed after such recordation, and CITY is willing to accept such security in lieu of present compliance with the conditions of the maps. - 1 - NOW, THEREFORE, the parties covenant and agree as follows: 1. WORK STATEMENT - SUBDIVIDER TO CONSTRUCT IMPROVEMENTS SUBDIVIDER agrees that it will, within two (2 ) years from the date above first written, complete to CITY'S satis- faction unfulfilled conditions of the map and that all works of construction and improvement shall be finally offered to and accepted by CITY. 2. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY All improvements will be constructed in accordance with the CITY'S plans, specifications and requirements applicable to similar work usually performed under contract to CITY and which are in effect at the time of their construction. 3. INSPECTION CITY shall control work in all public job sites and dedicated areas. CITY may inspect the construction of improve- ments at all reasonable times. CITY will cooperate with SUBDI- VIDER to provide access to CITY owned utilities and allow all necessary encroachments to public or CITY owned property, provided, however, .that the entire cost thereof shall be borne by SUBDIVIDER. 4. WARRANTY All improvements shall be fully and absolutely warranted by SUBDIVIDER as to materials and workmanship for one ( 1 ) year after the date of acceptance by CITY. - 2 - 5. GENERAL PUBLIC LIABILITY INSURANCE SUBDIVIDER will maintain in force during the construction period, and until CITY 'S final acceptance of the work at SUBDIVIDER'S sole expense, a general public liability policy in which CITY is an additional named insured. Such policy shall insure CITY, its officers and employees against any and all loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of or in consequence of SUBDIVIDER'S performance of the agreement, except where such loss, damage or expense is caused solely by a wrongful act of CITY 'S 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 : Combined single limit bodily injury and/or property damage including products lia- bility: $300, 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. 3 - Evidence of such insurance shall be furnished to CITY on the CITY 'S form and shall be approved by the City Attorney. Any such policy must contain a provision of written notice to the 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. 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 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 or self-insurance satisfactory to the City Attorney on CITY 'S form, if required. 7. LIABILITY FOR WORK In addition to the covenant to hold and save harmless and to provide insurance, the parties agree that neither the CITY nor any officer or employee thereof shall be liable or respon- sible for any accident, loss or damage happening or occurring to the work specified in this contract prior to the completion and acceptance of the same by CITY, nor shall CITY or any officer or 4 - employee thereof be liable for any person or property injured by reason of the nature of said work, but all of said liabilities shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to protect and defend CITY and the officers thereof from all liability or claim because of, or arising out of, the use of any patent or unpatented article in the construction of said work. 8. PUBLIC WARNING AND PROTECTION. SUBDIVIDER shall at all times, until CITY 'S final acceptance of the works of improvement, give good and adequate warning to the traveling public of each and every dangerous condition within said streets and highways or any of them within the subdivision, 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 streets and highways not accepted as improved, shall be under the exclusive control of SUBDIVIDER for the purpose of this contract. With the consent of the City Engineer, SUBDIVIDER may close all or a portion of any street whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. SUBDI- VIDER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer. 9. INDEMNIFICATION-COVENANT TO SAVE AND HOLD HARMLESS SUBDIVIDER shall fully indemnify and save and hold harmless CITY, its officers, agents and employees from any and all liability, losses and costs imposed for injury occurring by 5 - reason of anything done or omitted to be done by SUBDIVIDER in performance of this agreement and in construction of the improve- ments excepting when such error or omission is solely the fault of the CITY, its officers, agents or employees, and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of its performance of this agreement against CITY, its officers, agents or employees. 10. ATTORNEY 'S FEE In the event suit is brought by CITY to enforce the terms and provisions of this agreement or 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 CITY 'S favor. 11 . GENERAL STREET CONSTRUCTION SUBDIVIDER agrees to perform the following work: 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, domestic water systems, 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 . Such work which 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 which are in effect when the work is to be performed and all of which work shall be done at the sole cost and expense of SUBDIVIDER, and all labor and material bills shall be paid. 6 - 0 • SUBDIVIDER agrees to complete all public street improvements, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract. 12. IMPROVEMENT SECURITY Upon execution hereof SUBDIVIDER will deliver to CITY bonds or other approved forms of improvement security, which security is given to CITY to insure faithful performance of this agreement. At any time, CITY, at its sole option, may require any surety to enter upon the job site and complete the improve- ment project, or the CITY may, at its sole option, invade any deposit given it or utilize any other form of security deposited or made available to it to commence and/or complete the project. 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 secur- ity provided that the substituted security is acceptable to the City Attorney. REST OF PAGE NOT USED 7 - 0 REQUEST FOR CITY COUNC ACTION Date 04azust 4 , 1983 Submitted to: Honorable Mayor and City Council PRo D 13 CITY CU Submitted by: Charles W. Thompson, City Administrator � .... - CCIL James W. Palin, Director of Development vi Prepared by: P Subject: FINAL TRACT NO. 11673 GENERALLY LOCATED ON THE EAST BEACH BOULEVARD APPROXIMATELY 600 FEET SOUTH OF ADAMS AVENU i3v7Ldo c_Jt� 9/a--31 S'3 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The final map of Tract 11673 being a portion of Tentative Tract No. 11673 has been submitted to the City for approval. 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 sub- stantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by'Section 66474_6f,the_ Government .Code. 3. Accept the offer of dedication and improvements subject to completion of the 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. Deposit of fees for water, sewer, drainage, engineering and inspections. b. Certificate of Insurance. C. Subdivision Agreement. d. The final map shall be recorded prior to the expiration of Tentative Tract No. 11673 on March 16, 1984 . e. Park and---recreation fees shall be paid prior to the recordation of Tract No. 11673. It is also recommended that- the City- Counci-l -accept_.the_ following _ bonds and two .(2) copies..of the,- Subdivision Agreement: 1. Guaranty and Warranty Bond No. 015944 . 2 . Monument Bond No. 015945. \ PIO 4/81 �J/ FT 11673 August 4, 1983 Page 2 ` 3. Faithful Performance Bond No. 015943, 4. Labor and Material Bond No. 015943, And instruct the City Clerk to file them with the Treasurer. It is further recommended- that the City Council accept the Sub- division Agreement and instruct the City Clerk to file one (1) copy and return the second to the Subdivider. All the bonds have- been approved for amount' by -the' Department of Public Works and as to form by the City Attorney' s Office. ANALYSIS: SUBDIVIDER: Mola Development Corporation 808 Adams Avenue Huntington Beach, CA 92648 ENGINEER: Don Greek and Associates. LOCATION: East side of Beach Boulevard approximately 600 feet south of Adams Avenue. ACREAGE: 13. 643 LOTS: Four (4) ZONE: Seabridge Specific Plan GENERAL PLAN: Planned Community DISCUSSION: The map has been examined and certified by the Director of Public Works and the Secretary to the. Planning Commission as being sub- stantially 'in accordance with the tentative map as filed with, amended by and approved by the Planning Commission. ENVIRONMENTAL STATUS : Environmental Impact Report No. 81-3 was certified as being ade- quate by the Planning Commission on February 2, 1982 , therefore no additional environmental action is required at this time. SUPPORTING"INF'ORMATTON: 1. Area Map JWP:.SMS:sr Pltlo; IppI / RRID u)PraRpR. RI — RIQIIO O N N L•3)T.00't �� "'�V i vEL3^'Ei -J a LPHNPOFT -- u RI R2 -0 RDCHFSTER o _ AVE w R3-0 R3 I W w w 3 RI RI RI p R� 1= RI C iQ E'' N1 IR. O ''� NMII'2LwI ;; wI 1y w CL ARNDPLE qi. LOW MEAD DR a�n=nnn. 1 n a w R3-0 R3-O �.._.- 0. _ 'I--- - --- -- c '---- - — _ ••— R-I R2 �C4 �.,---�1E4----H = y�'�7\I (0)OLDTm �.w C�-- e��lm...._n6eaor e "SEABRIDGE I s RNORI'AVE RIRI�.. DR F <oi RI DR g�n RI R2 76 � 0 Is SPECIFIC LA _ -- nl SPECIFIC = d/ I ll___...JJJLLLJJJ JJJ `" ; R I RI AVE �PO'RTLA�ND 1 AVE _ _R-�O _ r' PLAN RI RI J RI RI -0 II (vT ' i0RTl4Np CR (DISTRICT of ) RI 2 BOOTHB[v %i0N L�J —630 -� CR. VISCGUM RI R2 �� -0 �I I II lu ---. RI ( RI .n R o� m2 I RI ST. OSWEGO AVE. AVE. 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HARP H'I ORU -�,K AVE. / RI REILLY OR �I O , Z I '.� •. _ - L I / i: �< BEM C RI :Q ,`RI rr --SGnii fEFi V F_[ R I ~ RI G TERN CR U U E GE NEVn �y/ z !nn nn I n�/// SAIL OR. �. -. RI TRACT 1.1673 '1 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION RETURN TO: • CERTIFICATE OF INSURANCE • Approved as to Form: City of Huntington Beach TO Gail Hutton,City Attorney Ins.& Ben.Office CITY OF HUNTINGTON BEACH, CALIFORNIA P. 0. Box 190 By: � - Huntington Beach,CA 92648 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 10 days prior written notice, by mail,to City of Huntington Beach,P.O. Box 711,Huntington Beach,California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. MOLA DEVELOPMENT CORPORATION Name of Insured Address of Insured 8072 ADAMS AVENUE, HUNTINGTON BEACH, CA 92648 Location of Work or Operations to be performed TRACT 11673 AND 11870 BEACH BLVD, AND ADAMS AVENUE Description of Work or Operations LANDSCAPING IMPROVEMENTS MAINTENANCE POLICY LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) (INS.) GENERAL LIABILITY [y' ] COMPREHENSIVE FORM MLA0411468 11-4-83 11-4-84 $500,000 CSL MISSION INS. COMPANY lX`] PREMISES—OPERATIONS Each Occurance [`] EXPLOSION AND COLLAPSE HAZARD 91 UNDERGROUND HAZARD (` ] PRODUCTS COMPLETED OPERATIONS HAZARD X1 CONTRACTUAL INSURANCE ] BROAD FORM yy PROPERTY DAMAGE q ] INDEPENDENT CONTRACTORS X ] PERSONAL INJURY AUTOMOBILE LIABILITY ] COMPREHENSIVE FORM .LA0411468 11-4-83 11-4-84 '500 000 MISSION INS. COMPANY ] OWNED $ CSL X Each Occurance [ ] HIRED X[ ] NON-OWNED X EXCESS LIABILITY 'TX] UMBRELLA FORM N 012500 11-4-83 11-4-84 $ 10,000,000 MISSION NATIONAL INS. [ I OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and 82-14C113633 :i10-.17-8. 10-.17-84 MISSION INSURANCE COMP EMPLOYERS'LIABILITY Additional Insured Endorsement: 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,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Date APRIL 16, 1984 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY PlIb I By BRAKKE-SCHAFNITZ & ASSOC. , INC. Name Address 17911 FITCH AVENUE Address 600 CITY PARKWAY W_ city TRVTNF, CA Q2714 City ORANGE, CALIFORNIA 92668 Telephone (714) 863-1800 HOJDRMLESS AGREEMENT +� �(1RP�RATT�N ecuted by insured) The insured ,agrees to prote , indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liabilitmage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused bhis employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of allperations or activity for which this certificate of insurance is furnished. *0) Sole Proprietorship (2) Partnership ) C r oration (4) Other (state) HOLD HARMLESS SIGNED: By Insured: Title President (All names shall be printed or typed F r below each signature.) By Insured: Title Secretary et v dn E I ten If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation.