HomeMy WebLinkAboutTracts Por Of TT 11417 Mission Properties 12527 STATO OF THE ACTION OF THE CITY COUNCIL • a �C%��
Council Chamber, City Hall
Huntington Beach, California
March 6. 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 Silva, the following item was approved, as recommended,
by the following roll call vote:
AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
NOTICE OF COMPLETION - TRACT 12527 - MANSION HILL - Accepted improvements dedicated for
public use in Tract 12527 located w/s Huntington, n/o Yorktown, authorized release of the
Faithful Performance Bond and the Monument Bond, instructed the City Clerk to notify the
developer and the City Treasurer to notify the bonding company of this action.
Mayor Bannister adjourned the regular meeting of the City Council
of the City of Huntington Beach at to Monday. March 20, 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 Brockwav 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 6th day of March , 19 89 .
WITNESS my hand and seal of the said City of Huntington Beach this the 8th
day of March 19 89
Connie Brockway
City Clerk and ex-of icio Clerk
of the City Council of the City
of Huntington Beach, California
BY_
,.eo ty
3. GUARANTEE:
SUBDIVIDER shall guarantee all work and material required
to fulfill his obligation as stated herein for a period of one (1 )
year following the date of City Council acceptance of same.
4. FAITHFUL PERFORMANCE:
SUBDIVIDER shall faithfully perform all of the work agreed
herein to be done by SUBDIVIDER and shall fully indemnify and save
harmless CITY from all cost and damage which it may suffer by reason
of failure so to do and shall fully reimburse and repay CITY all
outlay and expense which CITY may incur in making good any such
default.
5. INSURANCE:
SUBDIVIDER agrees to furnish to CITY and maintain in force
until the completion of the work herein agreed to be done by SUB-
DIVIDER at SUBDIVIDER' S sole expense, a protective liability policy
in which CITY is named as an additional insured. The policy shall
insure CITY, its officers and employees against loss, damage or
expense by reason of any suits, claims, demands, judgments and
causes of action caused by SUBDIVIDER, his employees, agents, sub-
contractors, or by any third party arising out of or in consequence
of SUBDIVIDER'S performance of the agreement, except where such
loss, damage or expense is caused solely by the wrongful acts of
CITY, its agents, officers or employees in connection with the
general supervision or direction of the work to be performed under
this agreement. The policy shall provide for not less than" the
following amounts :
3 .
•
•
Combined single limit bodily injury and/or
property damage including products liability:
$1,000, 000 combined single limit per .
occurrence.
Such policy shall provide coverage at least as broad as
that provided in the Standard Form approved by the National Bureau
of Casualty Underwriters, together with such endorsements as are
required to cover the risks involved.
SUBDIVIDER shall arrange for the policies to be so condi-
tioned as to cover the performance of extra or unforeseen work,
should such work become necessary.
Prior to the recordation of the Final Tract Map, evidence
of insurance shall be furnished in a form satisfactory to the City
Attorney. In addition, SUBDIVIDER shall furnish evidence of a
commitment by the insurance company to notify CITY of the expiration
or cancellation of any of the insurance policies required hereunder
not less than thirty ( 30 ) days before each expiration or cancella-
tion is effective.
6. WORKERS' COMPENSATION:
SUBDIVIDER shall comply with all of the provisions of the
Workers ' Compensation Insurance and Safety Acts of the State of
California, and shall indemnify, defend and hold harmless CITY from
and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including
attorney' s fees and costs, presented, brought or recovered against
CITY, for or on account of any liability under any of said acts
4 .
which may be incurred by reason of any work to be performed by
SUBDIVIDER under this agreement, and shall provide to CITY evidence
of Workers ' Compensation Insurance satisfactory to the City Attorney.
7. 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 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 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 from and after the acceptance
by City Council of the highways offered for dedication in said work
or improvement by said Council, give good and adequate warning to
the traveling public of each and every dangerous condition existent
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
5.
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. INDEMNIFICATION:
Neither CITY nor any of it 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
employees 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, death or damage to
property arising out of the work to be performed, including that
arising from the acts of CITY, its officers, agents or employees, or
from the acts of third parties . SUBDIVIDER agrees to enter and
defend any suit or action brought or arising out of this agreement
against CITY, its officers, agents or employees .
10. 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 .
STATE OF CALIFORNIA )
z
COUNTY OF ORANGE ) ss:
On this .�/ 'sr day of 1AnN4o-1 19 before me,
a Notary Public in and for said County and State, personally appeared
SAS. _ �.<<•(_ , known to me to be the Mayor
and A L%"c�q A..'"&otwaiCf�► 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
to me that such municipal corporation executed the same.
F49OFFICIAL SEAL
CONNIE A BROCKWAY
NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My comm. expires OCT 10, 1989
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written:
SUBDIVIDER: CITY OF HUNTINGTON BEACH:
MANSION PROPERTIES, INC.
J. Johnson, President May
V. Jg Clark, Secy./Treas.
ATTEST: APPROVED AS TO FORM:
City Clerk i-st- 7 City Attorne
REVIEWED AND APPROVED: INITIATED AND APPROV .
IL
y Administrator Director of Public Works
SUBDIVIDER: /
By: UWC-HUNTINGTON BEACH, LTD.
A California Limited Partnership
/ By: The Burnam Family Trust of 1982,
as General Partaa-e�r
Norman Burnam, Trustee'. .
1
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CITY OF
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USE OF PROPERTY MAP '
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RE UER FOR CITY OA TI N
Q O CO C C O
Date March 3, 1989
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator P C/ �PPj�(
Prepared by: £ Louis F. Sandoval, Director of Public Works 8fcj7'�
Subject: NOTICE OF COMPLETION TRACT 12527 �
�1��
Consistent with Council Policy? )f ] Yes [ ] New Policy or Exception Ct�,
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Mansion Hill has completed all street improvements for Tract 12527 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: Mansion Hill, 520 Broadway, #100, Santa Monica, CA
Engineer: Walden sx Associates, 18012 Cowan, #210, Irvine, CA 92714
Location: W/s Huntington, !N/o Yorktown
Lots: 1
Acreage: 2.444
Zone: R2-O-CD
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:Iw
1977g/11
iI
r
NO 5/85
L 7
y GO����ily
REQUE A 0IR "C' COU #ACTION'
CITY ¢ F-K to Januarye20, 1987
Submitted to: Honorable and ity Council
Charles W. Thompson, City Administrato
Submitted by: James W. Palin, Director, Develo m . S ices v
Paul Cook, Director, Public Work
Prepared by: FINAL TRACT MAP 12527, BEING A PORTION OF TEN TIVE
TRACT NO. 11417, AND BONDS AND AGREEMENTS FOR TRACT
Subject: 12527 LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET
AND CLAY AVENUE
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
Consistent with Council Policy? [X] Yes [ . ] New Policy or Exception
STATEMENT OF ISSUE:
The final map of Tract No. 12527 being a portion of Tentative Tract
No. 11417 has been submitted to the City Council for approval . Also
Section 66499 of the Subdivision Map Act requires the local agency
to approve bonds and agreements for new subdivisions . Tentative
Tract No. 11417 will expire on August 2, 1987 .
RECOMMENDATION:
1. Approve the map pursuant to the required findings set forth in
Section 66458 of the Government Code.
2 . Approve the map subject to the finding that the map is in
substantial compliance with the previously approved tentative
map pursuant to the mandatory findings established by the
Planning Commission as set forth by Section 66474 of the
Government Code.
3 . Accept the offer of dedication and improvements subject to
completion of requirements shown.
4 . Instruct the City Clerk to not affix her signature to the map
nor release it for preliminary processing by the County of
Orange or for recordation until the following conditions have
been complied with:
a. A deposit of fees for water, sewer, drainage, engineering
and inspections shall be provided;
b. A Certificate of Insurance shall be submitted;
C. Subdivision Agreement;
PIO 4/81 01
d. Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of the
final map.
e. The Declaration of Covenants, Conditions, and Restrictions
shall be reviewed and approved by the Department of
Development Services and "approved as to form" by the City
Attorney prior to recordation of the final map.
5 . It is also recommended that the City Council accept the
following bonds and two copies of the Subdivision Agreement,
a. Monument Bond No. 7130517
b. Labor and Material Bond No. 7130518
C. Faithful Performance Bond No. 7130518
d. Park and Recreation Fees Faithful Performance Bond No.
7130514
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: Mansion Properties, Incorporated
Urban West Communities
2110 Main Street
Huntington Beach, CA 92648
ENGINEER: Walden and Associates
4002 W. Garry Avenue, Suite B
Santa Ana, CA
LOCATION: South side of Clay Avenue between Huntington and
Main Streets
ACREAGE : 2 .444
LOTS : one lot
NO. OF UNITS : 32
ZONE: R2-0
GENERAL PLAN: Medium Density Residential
RCA - 1/20/87 -2- (7062d )
DISCUSSION:
The map has been examined and certified by the Director of Public
Works and the Secretary to the Planning Commission as being
substantially in accordance with the tentative map as filed with,
amended, and approved by the Planning Commission.
ENVIRONMENTAL STATUS :
Environmental Impact Report No. 78-4 was approved by the Planning
Comission on March 2, 1983.
FUNDING SOURCE:
Not applicable.
ATTACHMENTS :
1 . Area Map
2 . Subdivision Agreement
3 . Certificate of Insurance
4. Monument Bond
5 . Labor and Material Bond
6 . Faithful Performance Bond
7. Park and Recreation Fees Bond
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f"T121527
NUNITINGTON BE
HUNTINGTON BEACH PLANNING DIVISION
SUBDIVISION AGREEMENT
THIS AGREEMENT is entered into this 207% day of J ,
1987, by and between CITY OF HUNTINGTON BEACH, a municipal corpora-
tion of the State of California, hereinafter referred to as "CITY, "
and MANSION HILL, 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 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. 12527, and
As a conditon. of the approval of said subdivision map and the
acceptance of the dedication of the streets, alleys , and other
improvements in said subdivision, SUBDIVIDER is required to enter
into an agreement with CITY to do and perform the work hereinafter
specified and to execute and deliver to CITY bonds for the faithful
performance of said agreement, for the payment of all labor and
material in connection therewith, and for the guarantee and warranty
of the work for a period of one ( 1 ) year following completion and
acceptance thereof against any defect in work or labor done, or
defective materials furnished, as required by. Sections 66499 and
66499. 3 of the Government Code of the State of California, and
Article 997 of CITY's ordinance code:
1 .
NOW, THEREFORE, in consideration of the promises and agreements
of the parties as herein set forth, the parties agree as follows :
1 . GENERAL STREET CONSTRUCTION:
SUBDIVIDER does hereby agree to do and perform the follow-
ing work in said tract:
The construction of streets, including excavation, paving,
curbs, gutters, sidewalks, trees, landscaping, etc. , sewers,
including construction of main lines and. lot laterals and
structures; street lights , street signs, construction of domestic
water system including the construction of water mains, lot laterals _
and installation of meters; engineering costs; and any miscellaneous
requirements as may be set forth in Chapter 99 of CITY 'S ordinance
code, and all of which said work shall be done and performed in
accordance with plans, specifications and profiles which have been
approved by the City Engineer and filed in the office of the City
Engineer and all of which work shall be done at the sole cost and
expense of SUBDIVIDER and as a condition for the approval of said
map and the acceptance of the dedication of said streets, alleys and
other improvements, and said work shall be completed on or before
two ( 2 ) years from the date hereof, and all labor and material bills
shall be paid.
2. ARTERIAL HIGHWAY IMPROVEMENT:
SUBDIVIDER agrees to complete all arterial highway improve-
ments, including perimeter walls and landscaping, prior to release
or connection of utilities for occupancy for any lot in the Tract .
2.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this llth day of December 1986, before me, the undersigned, a
Notary Public in and for said State, personally appeared J.W. Johnson,
known to me to be the President, and A.J. Clark, known to me to be the
Secretary/Treasurer of MANSION PROPERTIES, INC., the corporation that
executed the within instrument and personally known to me or proved to me
on the basis of satisfactory evidence to be the persons whose names are
subscribed to the within instrument on behalf of said corporation, said
corporation being known to me to be a general partner of MANSION HILL,
the California general partnership that executed the within instrument and
acknowledged to me that said corporation executed the same pursuant to its
bylaws or a resolution of its Board of Directors as a General Partner of
MANSION HILL, a California general partnership, and acknowledged that
such general partnership executed the same.
WITNESS my hand and official seal.
Signature:
OFFICIAL SEAL
THERESA KILLEEN
Notary Pubic-California
' ORANGE COUNTY
M, My Comm. Exp. Jan. 26, 1990 Theresa Killeen
2110 Main St., Huntington Beach,CA 92848 Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
NOTICE OF MPLETION WITH CONDITIONS TRACTS
I --
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE
FROM : PUBLIC WORKS DEPARTMENT
Bruce Crosby
i
TRACT NO /Z�L7 DEVELOPER
CONDITIONS :
Deposit of fees for water, sewer, !�li
drainage , engineering and inspection
Bond for Improvement . . . . . . . . . .
Signature of Agreement . . . . . . . . .
Certificate of Insurance . . . . . . . .
Iinnd for Monuments . . . . . . . . . . .
I i ;iI IIond . . . . . . . . .
l� t lit,r
Signature
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
Date •Z2'61
TO: City Clerk
FROM: PLANNING DIVISION
James W. Palin
TRACT NO.
PARCEL MAP NO.
RECREATION & PARK FEES PAID
OTHER:
( i na t
City of Huntington Beach
d P.O. BOX 190 CALIFORNIA 92640
�sw OFFICE OF THE CITY CLERK
January 22, 1987
Mansion Properties, Inc.
Urban West Communities
2110 Main Street
Huntington Beach, CA 92648
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held January 20, 1987
approved the Subdivision Agreement for Tract No. 12527
We are enclosing herewith a duly executed copy for your
files.
Sincerely,
Alicia M. Wentworth
City Clerk
AMW:pr
Enclosure
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
January 26, 1986
First American Title
114 E. 5th Street
Santa Ana, CA 92701
Attention: Subdivision
RE: Tract Map No. 12527
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
'l
Received b4
"
Dated I �
(Telephone: 714-536-5227)
1(I•TtiKN '1•I): CERTIFICATE OF INSURANCE Approved a to Form:
I:itv of Huntington Beach TO Getl Hutton.City Attorney
R1•11. Office. � OF HUNTINGTON BEACH, CALIIONIA
I'. I. l t„x 190
By:
I hintinrtion Beach,CA 92648 A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as dasarlbedbelow have been issued to the Insured by the undersigned and ars in force
at this time. If these policies are cancelled or changad in such a manner that will effect this certificate,the insurance company agrees
to give 30 fts prior written notice. by mail,to City of Huntington Beach,P.0.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.
Name ofInsured MANSION HILL, A GENERAL PARTNERSHIP
520 , RO-ADWAY, SUITE 100, SANTA MONICA, CA 90401
Address of Insured
Location of Work or Operations to be performed . 7600 CLAY AVENUE, HUNT I NGTON BEACH, CA 92648
Description of Work or OperationsTRACT 12527
LIMITS OF LIABILITY NAME OF COMPANY
POLICIES IN FORCE POLICY NO. Eflaettw Expiration In Thousands 1000) (INS.)
GENERAL LIABILITY
(XI COMPREHENSIVE FORM CP806213 9-30-86 9-30-87 111500,000 CSL SAFECO INS. CO.
IXI PREMISES-OPERATIONS Ewh Oeearence
(XI EXPLOSION AND
COLLAPSE HAZARD
(XI UNDERGROUND HAZARD
(Xj PRODUCTS COMPLETED
OPERATIONS HAZARD
IXI CONTRACTUAL
INSURANCE
I)Q SADAO FORM
PROPERTY DAMAGE
IXI INDEPENDENT
CONTRACTORS
I)D PERSONAL INJURY
AUTOMOBILE LIABILITY
� IN COMPREHENSIVE FORM
I N COMPREHENSIVE
OWNED BA8o6213 9-30-86 9-30-87 =_g-000CSL SAFECO I NS. Co.
E&A Oeeurence
1� HIRED
1 )Q NON-OWNED
EXCESS LIABILITY
11 UMBRELLA FORM 5CU97251 10-1-86 10-1-87 0 7,500,000 GREAT AMERICAN
I X1 OTHER THAN SURPLUS LINES INS.
UMBRELLA FORM CO.
WORKERS'COM►ENSATION
and WC806213 10-1-86 10-1-87 500/500/500 SAFECO INS. CO.
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 7,rce shall
be primary to any insurance of the City of Huntington Beach,as their interest may appear.
.4.:�..._.p
Do@ 1 1-17-86 AUTHORIZED RBPREN-XTTAT1YE O P V
INSURANCE COMPANY SAFECO INS.CO. ,
By
Weme /1drlras
Address _-_ 17570 BROO�KHURST STREET Ckv 0 NEY CA 41
FOUNTAIN VALLEY, CA 92708 _
City �...��.�...�... ��,.�. Taleoona2 L3-M1-S 4 S 7
HOLD HARMLESS AGREEMENT
(to be executed by Insured)
The insured • 'ARTNERSH I P
� -0 tO p ,"Itd, i,sdeffl(iffy, tee, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, dansapa, coat, or expense by reason of any and all liability, wits, claims,
demands, judgments and causes of action caused by insured, his omployses,agents or any suboontraoto►or by any third party arising
out of or in consequence of the performance of all of any operations or activity for which this certificate of insurance is furnished.
*0) Sole Proprietorship (2) Partnership (S) wpormtiorl (4)Other(stow)
MANSION HILL, A GENERAL PARTNERHSHIP
HOLD HARMLESS SIGNED: By Insured: w,,,� � This
IAII names~be printed or typed BY: UWC HUNT I NGTON BEACH LTD. , MANAGING PARTNER
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