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Tracts All Of TT 10648 Industrial Development Co. 1/4
STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California January 4, 1988 Mayor Erskine called the regular meeting of the City Council of the City of unt ngton Beach to order ate Present: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister Absent: None ,r,r**,r,r*,r*****,r*,r,r,r**#*,r•,r,r•,r*,r,r,r«,r,r,r«,r,r*,r**+r**,r****,r*,r,r**r,r,r**,r**«,r***,r,r,r*****,r,r r****w**,r CONSENT CALENDAR - (ITEM APPROVED) On motion by Kelly, second Mays, 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 10648 - BUSINESS PARKS INCORPORATED - Accepted improvements dedicated for public use in Tract 10648 located north side Talbert, west of Beach Blvd., authorized release of Faithful Performance Bond, Monument Bond, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. *+F t*,t*,t,ttF***,t,t,t,t,t,tt,t*,t,t,r*,t;r,t,trr,t,twk,tx*,t,t,t*rr,t*i,*iFrr,t*ttF,t*int***x*,t r,t*i,*,t,e*,tx,t,txlF,ti,t,t*,ttrx,tkut,t* Mayor Erskine adjourned the regular meeting of the City Council of the City of Huntington Beach at 9:40 RID to Monday. January 11, 1988 at 6:00 pm in Room B-8, Civic Center, Huntington Beach, California ATTEST: Alicia 11. Wentworth 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 ana 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 4th day of January 19 88 WITNESS my hand and seal of the said City of Huntington Beach this the 5th day lof January 19 88 . Alicia M. Wentworth City Clerk an ex-officio erk of the City Council of the City of Huntington Beach, California BY J.Deputy 12/78 __ -- fol low irit; amounts: Combined single limit bodily injury and/or property damage including products liability: $1 ,000 ,000 com- bined 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 con- ditioned 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 CITY. 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. 6. Liability for Work. CITY shall not , nor shall any officer or employee thereof, be liable or responsible 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 , nor shall CITY nor any officer or 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 CITY and the officers thereof from all liability 4 . or claim because of , or arising out of , the use of any patent or unpatented article in the construction of said work. 7. Public Warning and Protection. SUBDIVIDER shall at all times from and after the accept- ance by City Council of the highways offered for dedication in said tract up to and including the completion and acceptance of said work or improvement by said Council , give good and adequate warn- ing to the traveling public of each and every dangerous condition existent in said highways or any of them , and will protect the traveling public from such defective or dangerous conditions. That it is understood and agreed that until the completion of all the improvements herein agreed to be performed , each of said highways not accepted as improved shall be under the charge of SUBDIVIDER for the purpose of this contract , and 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. SUBDIVIDER hereby agrees to pay for such inspection of highways as may be required by the City Engineer of CITY. 8. Indemnification. Neither CITY nor any of its officers , agents or employees shall assume any liability by reason of anything done or omitted to be done by SUBDIVIDER or by SUBDIVIDER' S officers , agents and em- ployees under or in connection with any work performed pursuant to this agreement. 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 5• STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) n On this _ day of before me, a N tar Public in and for said County and State, personally appeared S known to me to be the Mayor and <cfA_ ,oll 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 in- strument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. neaeeeeeeeaoeeeeaeeeaaeeeeeeaeaoaeecea¢eeeeeaeeeeaeeeeeeoeea OFFICIAL SEAL C A rbR c CONNIE A. BROCKWAy o - NOTARY PUBLIC•CALIFORNA m ORANGE COUNTY MY Commission Expirts Oct.10,1981 ,/200�� "�raeenuuaaaiaaesoa®eoeaeaeeeeaaaaeaoaeeacceunue�eiaoie 0 by reason of anything done or omitted to be done by SUBDIVIDER , and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of this agreement against CITY, its officers , agents or employees. 9. Attorney' s Fee. 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 agree- ment the day and year first above written. "CITY" CITY OF HUNTINGTON BEACH Of Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney "SUBDIVIDER" • Huntington North, A California Limited Partnership Name of SUBDIVIDER Business P nC. California Corporation By It's Pres. Hoo orporation, A California Corporation Pres. General Partners 6. t _ _ ; yy + 'X t.t+` °'�,+-{-rs Sl `� o-" ! i. r -y y r,• It p�; r '` �„i _f 4 sir/�'y c r x�''XV' 4 5. T-•S.'i- v !i`�- �L' °a� A'�1 ���� ��t.� �ti^ �P.ny'1 �l�n�'4�2,./�'°t y` f a-x ;4// ���—1_ ,:y -4ps� � q ;;r•'},�v.,,y_.;1.,t.`�'k. l T; '�.�(��•yr(.-,7,(�. -S -'=i�."Zy' rv�'X"'�`h-�.i': 6- � s'- ,fi'� -•1 r'� .,.�_'; �i;.53_yb.�..�-� 7e .`�, [f"C ��:•Frt"'•;�JI!.i�Mr�'��.Cl�i�,^yf��.7 �i- ",._1•.'- L•o F4a "� I ) .� - �.M-A t to ol`I71y:-r • 1 y .7,:J_- Al►`�.�n�lJ�.v:a>i a i 4 '==::ram u -.e• 1 S` _ ." A, '��.?-t1� Z1 rh �• •:.raf�. .y�•.,ga 'llr*.a „'t A4 t. h �a+•- t rs= yrr,,. FY�';neS+��:.�Li°s.�jf.fr.rd, 7a;a�77 c_,��11�, -►cRi1•�al�i •sl �- !W{s;,}'i,l l:�• t� a lad y; .� a-d'it°� )C!''tya�1 C�t'+i'S'!rt- .r.-.^.p: '• ;@+;y+,. ,rta� >•ow•tntry s i=_ ,... _ k_Y' .__ i�Tee..e .�':�....w,..�_ fNA S!r AN:' 'd)DcrcS OF 4t;l Ni:V �70/�•v- COMPANIES. COVERAGES Charles K. Fletcher Insurance Agency j..—__�_--_"--- ---- ---- -:- 707 Broadway, Suite 1100 L � I_R r Maryland Casualty Company/ s `: Sari Diego, CA 92101 --------- ------------- - -- -/---- - WITHSTANDING ANT"RE UIR"M ,EP ''..y�•1 Ni,M rii)E A Ar!DRL$S C1r !nr,a-iRu` I .,,.,� � OR CONTRACT OR OTHER DOCUMENT WITHRESPECT -- ' Business Parks, Inc. LE I;r%: Yy TO WHICH THIS CERTIFICATE OR VERIFICATION OF Huntington North, A Calif. Ltd. PSrtnershi --- !NSURANCI A'I-BEISSUED-OR-MAYPE'RTWIFI- H - — INSURANCE AFFORDED BY THE POLICIES DESCRIBED ' 2350 West Fifth St. - _ 'cl,TER 9 HEREIN ISSUBJECTTOALL THE TERMS.EXCLUSIONS Santa Ana, CA 92 703 -----AND co+vomDNs of sucH voncrEs--- i. h5;` ,`sY,,,..l:ti••-{ LETrb? cam. T;ll'S1;'pCC'-I"tlfV thoi OC'il::'ICC Ci( I:)SUI"dl'ICC �i�t,�Cjlr:?In',,,.:(.�I•,., )+`F`; ! + t; a � rt? 'h' �c?rl -, f n. l .SS lei-to :e in: n d rrl_;I ov I,�' `in orc, ':t thi r'rNtt;z � - x t• —(—�— 1 Limits of L.isbil(t,ir:Yhe�lsands(UUi7) t COMPn: vi-r 0 INS Jr NEE 'I r ou '•'r.•: ' --i—�:,cl, C(( e LC'lEi? T I ii :y OAl.! I____ _— I I .E�;f,ii I GENERAL LIABILITY ( � A lilt =art R '+1rlsl•rr FOR' GL11755314 4-25-82 x Fb LXj PRC!"IS A IO 5 T.• r, U{ ;.:vt i j 1,000 1,000 r1 LXI nfti f f i I IJTOf.:(?3!LE LIAI1ILtTY CA1�I31612656 j 4-25-82 ` ; 1,00 0 EXCESS U.-ABUT ---- ---- --- ---------- --( t� �^•�;, �_� UMuRE;.LA rpR„+, I I i ;{:,....,.. I I I I' - iAi�`s•" � Oi HEi�iHAN U!�:FHLL�A. i i � - I WORKERS'COVAPE'9`iATICttlt--- I � 7 A �n`� TC221211834 5-12-82 h� 100 In E►,IPi.OYE;tS'I _'J....L I F[[S .. ---_. _ .—__-.__ —_ — —_ -._._. -_._--.._._. .____.-- m I v ��. -'w.v'.r�r j-r.=e';T�::--_- -�_ -f � - _ - ., - - rI r•--,__ ._ ., .....-+- - r:- "-._C_.....;.... (,,I C +LnTIpPos i.. . ,�+ •,..I L._i 1-.-. ^?(1CC�(a+iilTT: Sf1CUi(i 8f1V oi..ih�' :;hpvc rJi;.`s.:rib;:rl ;.)011';i:. hC-. �.0ri��.:'I; -:i�. :fGre iiie F'< :tr,ltirr d?•.�' ,. _tr'C?. pony +I I�f 3`rrI'tG n1c711 �__1�Jtiv- i'lCEt not;CC `�;� h"; v nc,. cd .` 4 �' , ' .�.. st �Ji, rIUL' ;!-'Z1, Impr-::E'IIC.•J!1�,.)+I� I _ .I Wit:- -,ter .y IJ�., l,..c,Il'� f- 4 L. _August_24, _19.81--------------- - i City of Huntington -Beach - - - -- 'Attn: Risk Manager ;��;;••���' I P.O. Box 711 .��.- rtrua - : Huntington Beac CA 926 .�3�. ►�� 48 REQUESOFOR CITY COUNCI4KCTION Date December 3 . 1981 Submitted to: Honorable Mayor and City Council 1.0Vzv gy CITY'COUNWL Submitted by: Charles W. Thompson, . City Administrat Prepared by:. Paul E. Cook, Director of Public Works •c4TX C'Lz Subject: Acceptance of Easement for Storm Drain f 48 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: CC/ Statement of Issue: An easement for public street and utility purposes has been presented, for acceptance. Recommendation: Accept the easement and order the City Clerk to- record same. Analysis: As part of the development of Tract 10648, located on the north side of Talbert Avenue between Beach Boulevard and the Southern Pacific Railroad tracks, a storm drain was required to accept runoff from that tract. The storm drain is built on the adjacent property, however, and required the consent and cooperation of the property owner. That owner is offering this easement to allow construction and maintenance of the storm drain. Alternative Action: Do not accept the easement. Attachments: i Vicinity Map Easement Documents. i PEC:BHG: lw f� f i i 17 PLO REQUEP FOR CITY COUNCO ACTION t Thy Date December 22 , 1987 Submitted to: Honorable Mayor and City Clerk n�1 Submitted by: Paul E. Cook, City AdminstratoAL. Prepared by: Les G. Evans , Acting Director of Public Works Subject: Notice of Completion Tract 10648 APRROXEDBY CITY COUNCIL /— 19. Consistent with Council Policy? [ Yes [ ] New Policy or Exception . I CITY LER Statement of.Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: RW Statement of Issue: Business Parks, Incorporated has completed all street improvements for Tract 10648 and is requesting release by the city, as required by Section 66499 . 7 of the Subdivision Map Act. Recommendation: 1. Accept the improvements dedicated for public use. 2 . Release the Faithful Performance Bond. 3 . Release the Monument Bond. 4 . Instruct. the City Clerk to notify the developer. and the City Treasurer to notify the bonding company of this action. Analysis : Subdivider: Business Parks , Incorporated, 300 N. Clare St. , Santa Ana, CA 90703 Engineer: RMG Engineering, 17961 Cowan, Irvine, CA 92714 Location: N/s Talbert, W/o Beach Lots: 42 Acreage: 20 .263 Zone: Ml Attachments: Boundary Map This tract has been constructed in substantial accordance with the plans and specifications on file in the .Department of Public Works . LE:BPC: lw P10 5/85 T7T�� Yn.tf.tical�/: i�%1•In.AI1Z�tC:•J�:��17 /w11/YNn 1I11'IIPdNq InlrlswYrlrnuw nr.nrmwiri�r �InwNnlquwnM u.In•Nnawr/i11s N ( Irt1YY11�,11r11111111A11.,IN,./f M11I. 1 uwN11rm1�11u1/ILIIIIP mwrl IIYMW/INIIIIYWII11 1• 11111'Iyy wYr►'Ir /fY1Y11NNY11NW/f+f•I�If11 Ifir 11 N/r'Nr - IYIINNNIIIIIIIIIIIIII 111111.111 NIM/w11, - - /IININ1111r11rN1�1 In111.Ir.YYW eIN� Ir11Ml1/YIiYMN�11 lU!'IIf1 /q'N _ _ _ IMYWIIl11NYIIItt1111r111r miss Y N1111nwN 11.611•6 A w0AN■ lon N WtY11N111 f.N l',I:I�N1r IL un.`nmlmnlnnm Inr.nlm•sr•nnur.�'Mutsu Is IPd111.. "I "I rf1111r IIIIIIIIIIWIII I'IIUIIIAWAINII'III IIY S IIYrYYunnnnuw•.ulrawN•w1nr.Yu 1W.• C7 rint Illllrl 11111U1 rl,l'IMt�II�I;H11,�, � � d 11 MINION ili111111■ .� TT- 10G+8 . . - HUNTINGTON DIVISKM :NN'. Return Original and Copy` completed certificate to: CERTIFICATE OF INSURANCE. Approved as to Foci 76Z City of Huntington Beach -. TO Gail Hutton, City Attorney Dept. Risk Management CITY OF HUNTINGTON BEACH,CALIFORNIA P.O.Box 711 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. -v s Name of Insured Business Parks., Inc.; Huntington North, a Calif. Ltd. Partnership i " n Address of Insured 2350 West Fifth St., Santa Ana, CA 92703 _ ;ri� -i— Location of Work or Operations to be performed o r^ Description of Work or Operations POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands (000) (INS.) GENERAL LIABILITY I COMPREHENSIVE FORM ACP770000410 4-25-82 4-25-83 $ 1,000 CSt._ AID ] PREMISES-OPERATIONS. Each Occurance [ ] EXPLOSION AND COLLAPSE HAZARD [ ] UNDERGROUND HAZARD PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE XX INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY 1KX COMPREHENSIVE FORM ACP770000410 4-25-82 4-25-83 AID OWNED 1,000 CSL HIRED $ Each Occurance NON-OWNED EXCESS LIABILITY [ ] UMBRELLA FORM [ ] OTHER THAN $ UMBRELLA FORM WORKERS'COMPENSATION and RN8437466 5-12-82 5-12-83 $100 In Indemnit: 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 4-22-82 AUTHORIZED RE INSURANCE COMPANY AID II Charles e*ec- e?ft&5�1. P.O. BOX 19020 P.O. Box 80969y Name P_n_ Rnx 9n7n Can nia n C g n Diego, Address , g , 2112 Address g913R Telephone (714) 569-6030 City HOLD HARMLESS AGREEMENT %r. (to be executed by insured) C/ , The insured * agrees to protect, defend, indemnify, save, and hold harm) sz�he Cit of,HRnfTngton Beacl its officers, agents, and employees-against any liability, loss, damage, cost, or expense by reason f-�ny aw-aH ii'a6ility, suits,.6.1oms, demands, judgments and causes of action caused by insured, his employees,agents or any subco tra for or by alhl�-thjr*p@rty ItVsing out of or in consequence of the performance of all or any operations or activity for which this icate,0irisurance is���►, hed. *(1)Sole Proprietorship . (2) Partnership (3)Corporation (4) Other(state) HOLD HARMLESS SIGNED: By Insured: J-1-yAjT�AI6 Ti:�,J Jn/1714 Title J` (All names shall be printed or typed By Insured: yS kS "Title below each signature.) ,If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation. Return original and three copies of0 completed certificate to: istribution: Original—Originating Dept. CERTIFICATE OF INSURANCE After Approval Yellow— Risk Manager City of Huntington Beach TO By City Attorney Pink—City Clerk Gold—City Attorney Dept. ia;;p,s n r.��r`5, CITY OF HUNTINGTON BEACH,CALIFORNIA P.O.Box 190 Huntington Beach,California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed 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,P.0.Box 190, Huntington Beach,California 92648. Nuntingtm Korth, A Ccaiis®mia L L-AtcS PaztnerobAp& co Parka, �nc^ Name of Insured A C3g":O@Mia COVVOZ tiOn 8 N=$ Corp-ovation, % California MrwMtlen, Goncral partnero Address of Insured SOO >i'h Clara R�_Tnnt, smtA Amrl,. aA1JL920XMiFt 97 0703 Location of Insured Operations 7000 balbogt Avoo, Huntington F eadl, CalU0XnLa �nildox or novel®��' /y"00�. Description of Operations POLICIES IN FORCE POLICY TE LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION i A Workers Compensation ;S 0 l l2 7 c l7 Statutory /�G Employers' Liability ®00 `�®��/fig $ A®©�000 s-"6.,Public Liability: 1;,Ld l 7 G 7 E 05 * $3.0.0,'00.0;_sombined single �• - limit per occurrence. Bodily Injury: a $1 ,000,000 Conbined Biagio Manufacturers and Contractors ® S/26/00 0/2G/01 $L'i l* C`gEaOchNPer`son 0aC0 Comprehensive General ® $ * Each Accident (Including products completed operations) Property Damage $ * Each Accident C..)Automobile Liability: (;Ld1767805 Limit pow ocouggence 9/26/80 9/2C/8 1 Bodily Injury $ Each Person $ Each Accident Property Damage $ * Each Accident Does policy cover: (Please check at least one) All owned automobiles ( 1 Yes ( ) No ' Non-owned automobiles ( 1 Yes ( ) No Hired automobiles l F' 1 Yes ( ) No D. 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. E.! Hold Harmless Agreement: By Insured: j. �� /� ,122'¢Z s. (Signature)- The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss,damage or �� expense by reason of any suits, claims, demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. *G0 F. Remarks: APPRo Epqqrn GAIL HUTTON @i,�y Attorney t DA TIV-Y OF l;[j(� INGr1nT BEACH ., S r� Date AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY , BY'.�,f � Name P1nOyland Cacn lty Company Signature of Authorized Represe tative/Agent Address 7?o0a r301t 15252 on Address P. Oa Don, 1GZ0 a Gaarc2aFn O&''ova, Ca, saogamento -' 7b4—a�G-90r�a0 City Telephone it STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 26 September 1980 before me, Carolyn A. West the undersigned, Notary Public in and for said state, personally appeared ROBERT B. DAIL , known to me to be the president, and known to me to be the Secretary of Business Parks, Inc. the Corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be a general partner of Huntington North, A California Limited Partnership the limited partnership that executed the within instrument, and acknowledged to me that such partner and that such partnership executed the same. WITNESS in my hand and official seal. OFFICIAL SEAL CAROLYN A. WEST m NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY N ary Public MY COMMISSION EXPIRES MAY 4, 1984 STATE OF CALIFORNIA ) ss COUNTY OF OR ARM ) LOS ANGELES On October 3 i980 before me, Beverly J. Yacks i the undersigned, Notary Public in and for said state, personally appeared Marc Laulhere known to me to be the president, and known to me to be the Secretary of Hood Corporation , the Corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said Croporation, said Corporation being known to me to be a general partner of Huntington North, .A California Limited Partnership;. the limited partnership that executed the within instrument, and acknowledged to me that such partner and that such partnership executed the same. WITNESS in my hand and official seal. .............................................................• IOFFICIAL SEAL ■, t y P l i C a BEVERLY J. YACKS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My COmmission Expires May 25, 1981 9 .vtoe■u.■una uniu.nuuoa 1 77 SUBDIVISION AGREEMENT THIS AGREEMENT is entered into this 25th day of September , 19 80 , by and between CITY OF HUNTINGTON BEACH , a municipal cor- poration of the State of California, hereinafter referred to as CITY and Huntington North, A California Limited Partnership hereinafter referred to as SUBDIVIDER. RECITALS A. 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 the public use , and is about to file with CITY a map of the Tract of land known as Tract No. 10648 and B. As a condition of the approval of said subdivision map and the acceptance of the dedication of the streets , alleys , and other improvements in said subdivision , SUBDIVIDER is required to enter into an agreement with CITY to do and perform the work here- inafter specified and to execute and deliver to CITY bonds for the faithful performance of said agreement , for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one ( 1) year following completion and acceptance thereof against any defect in work or labor done , or defective materials furnished , as required by Sec- tions 66499 and 66499. 3 of the. Government Code of the State of California , and Article 997 of CITY' S ordinance code : CM : ps", 21221AO 1 . �/ I NOW, THEREFORE, in consideration of the promises and agree- ments of the parties as herein set forth , the parties agree as follows : 1 . General Street Construction. SUBDIVIDER does hereby agree to do and perform the follow- ing work , the cost of which has been estimated by the City Engineer to be the sum of Five Hundred Fifty Thousand ($ 550,000 ) For 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 instal- lation of meters ; engineering costs; and any miscellaneous require- ments as may be set forth in Chapter 99 of CITY' S ordinance code , and all of which said work shall be done and performed in accordance with plans , specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer and all of which work shall be done at the sole cost and expense of SUBDIVIDER and as a condition for the approval of said map and the acceptance of the dedication of said streets , alleys and other improvements , and said work shall be completed on or before two (2) years from the date hereof , and all labor and material bills shall be paid. 2. Arterial Highway Improvement . SUBDIVIDER agrees to c_prnplete all arterial highway improve- ments , including perimeter walls and landscaping , prior to release 2. or connection of utilittes for occupancy for any lot in the Tract. 3• Guarantee. SUBDIVIDER shall guarantee all work and material required to fulfill his obligation as stated herein for a period of one ( 1) year following the date of City Council acceptance of same. 4. Faithful Performance. SUBDIVIDER shall faithfully perform all of the work agreed herein to be done by SUBDIVIDER and shall fully indemnify and save harmless CITY from all cost and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay CITY all outlay and expense which CITY may incur in making food any such default. 5. Insurance. SUBDIVIDER agrees to furnish to CITY and maintain in force until the completion of the work herein agreed to be done by SUBDIVIDER at SUBDIVIDER' S sole expense , a protective liability policy in which CITY is named as an additional insured. The policy shall insure CITY , its officers and employees against loss , damage or expense by reason of any suits , claims , demands , ,judgments and causes of action caused by SJORDIVIDIM , his employees , agents , sub- contractors , or by any third party arit3ing out of or In cont;e(lijence of SUPDIVIDER ' S performance of the agreement , except where such loss , damage or expense is caused solely by the wrongful acts of CITY , its agents , officers or employees in connection with the general supervision, or direction .of the work to be performed under this agreement. The policy shall provide for not less than the 3• City ®f Huntington Beach m P.O. ®OX 190 CALIFORNIA 92949 OFFICE OF "THE CITY CLERK December 5, 1980 Industrial Development Company 300 N. Clare Street Santa Ana, CA. 90703 GeIItIemen: The City council of Huntington Beach, at its regular meeting held October 20, 1980 approved the Subdivision Agreement for Tract No. 10648 . We are enclosiny Herewith a duly executed copy for your files. Sincerely, Alicia M. Wentworth City Clerk AMW:pr Enclosure City of Huntington Beach P.O. BOX ISO CALIFORNIA 92646 t1j O 'ICE OF TklF CITY CLERK December 4, 1980 Title Insurance & Trust 800 N. Main Street Santa Ana, CA. Attention: Steve Nicki RE: Tract Map No. 10648 Gentlemen: This is to inform you that all feet 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: lo Received Dated 2- -ra _ NOTICE OF� MPLETION WITH CONDITIONS TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING i TO : CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby i TRACT NO . DEVELOPER I CONDITIONS : Da Deposit of fees for water , sewer, . l' drainage, engineering and inspection Bond for Improvement . . . . . . . . . Signature of Agreement . . . . . . . . Certificate of Insurance . . . . . . . . Bond for Monuments . . . . . . . . . . Labor & Material Bond . . . . . . . . Other : NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date�fs �` FROM: PLANNING DEPAR'.TMENT James W. Pali:, TRACT N0. RECREATION & PARKS FEES FAID Other: (Signature) RE E QU FOR CITY COUNCIL ACTION Submitted by James W. Palin Development Services Department Date Prepared October 10, 19 80 Backup Material Attached Q Yea No Subject FINAL TRACT 10648 BEING ALL OF TENTATIVE TRACT 10648, AND BONDS AND AGREEMENTS FOR TRACT 10468 LOCATED NORTH OF TALBERT AVENUE, 1320 FT. WEST OF BEACH BOULEVARD City Administrator's Comments APPROVED By CITY COUNCIL Approve as Recommend to Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: The final map of Tract 10648 being all of Tentative Tract 10648, has been submitted to the City for approval. Also, Section 66499 of the Subdivision Map Act requests the local agency to approve bonds and agreements for new subdivisions. RECOMMENDATION• 1. Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2. Accept the offer of dedication and improvement subject to com- pletion of the requirements shown. 3. 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. .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 in- spections. , b. Certificate of Insurance. C. Subdivision Agreement. d. . The final map shall be recorded prior to the expiration of Tentative Tract 10648 on February 5, 1982. e. Drainage for the subdivision shall be approved by the qp Department of Public Works prior to the recordation of a final map. P10 3179 Rage 'Two • • It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement: 1. Guarantee and Warrant Bond No. YS 813-0461 2. Monument Bond No. YS 813-0462 3. Faithful Performance Bond No. YS 813-0460 4. Labor and Material Bond No. YS 813-0460 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. All of 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: Industrial Development Co. 300 N. Clare St. Santa Ana, Calif. 90703 ENGINEER: Hartge Engineering LOCATION: North side of Talbert Ave. , approximately 1320 ft. west of Beach Blvd. ACREAGE: 20.263 LOTS: 42 ZONE: M1 GENERAL PLAN: General Industrial 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 and approved by the Planning Commission. ENVIRONMENTAL STATUS: Negative Declaration No. 80-46 was approved by the Planning Commission on August 5, 1980 Va spectful tted, mes W. Palin, Director partment of Development Services P:SMS:gc ATTACHMENTS: 1. Area Map `a 5PEE R LIBERT rnvE NEWMAN AVE RONALD W 1000 Q — 1 •� �,I � r JJ t p SCALE IM rt[ . M C sJ.. - Z II III lit I I+ \ . r P j TALBERT I-A > ,i.. CF-R L.........:. IS......, .... III TAYIDM -_ 3C T'1-'fit I" 1 1 1 11 1 ~ J N OI�NTTAARRIO DR I & W .-.UE81i� EO pR I T T I 0 648 '4 "M& HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION