HomeMy WebLinkAboutFive Points Plaza - 1985-02-19L
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SECURITY AGREEMENT FOR IMPROVEMENTS BETWEEN
THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA
THIS AGREEMENT is made and entered into this sr day
of 19851 by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and FIVE POINTS PLAZA, a
California limited partnership, hereinafter referred to as
"DEVELOPER".
WHEREAS, DEVELOPER desires to develop certain property on
the west side of Beach Boulevard, south of Ellis Avenue, and
WHEREAS, CITY requires, pursuant to Huntington Beach
Municipal Code Section 14.48.060, the upgrading of the existing
storm drain line at the Five Points Plaza,
NOW, THEREFORE, in consideration of the promises and
agreements of the parties herein set forth, the parties mutually
agree as follows:
1. COST OFF -SITE CONSTRUCTION
The work which DEVELOPER is obligated to perform is
estimated to cost $125,000.00.
2. SECURITY
DEVELOPER shall provide CITY with a bond, cashier's
check, cash or instrument of credit from one or more responsible
financial institutions in the amount of $125,000.00, naming CITY
as obligee, guaranteeing that DEVELOPER construct said off -site
storm drain improvements to the standards required by the
Department of Public Works for CITY.
1.
3. CONSTRUCTION
The storm drain system, including necessary catch
basins and junction structures, shall be constructed as shown in
Exhibit "A" (attached hereto and incorporated herein) and. shall
consist of 460 linear feet of 33 inch reinforced concrete pipe
(RCP) 226 linear feet of 30 inch reinforced concrete pipe, and 108
linear feet of 27 inch reinforced concrete pipe. The storm drain
system shall be constructed in accordance with all applicable
laws, ordinances and building codes prior to August 15, 1985.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
on the day, month and year first above written.
DEVELOPER: CITY OF HUNTINGTON BEACH,
FIVE POINTS PLAZA, A municipal corporation
A limited AlArt7ership
Mark A. S u gin,
A ge r 1 p tner
flJ
Rosalind Jona churgin,
A general parther
ATTEST:
City- Clerk
By
Mayor j
APPROVE AS TO FORM:
y At
REVIEWED APPROVED: ATEJI AND APP OVED:
City dministrato Director of Public Works
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FAF-r11 UL PERFURMANCI.; IiONU
WHEREAS, the City Council of the City of Huntington Beach, State
of California, and FIVE POINTS PLAZA ,
(hereinafter designated as "Principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated , 19 , and identified as
project FIVE POINTS PLAZA , is hereby referred to and made a part hereof;
and
117 HERI'!'.S, said principal is required under the terms of said agree-
ment to furnish a bond for the faithful performance of said agreement.
Now, therefore, we the principal and FREMONT INDEMNITY COMPANY
as surety, are held- and firmly bound unto the City of Huntington Beach hereinafter
called "City", in the penal sum of
ONE HUNDRED TWENTY FIVE THOUSAND -------
-------------------------- dollars ($125, 000.00-----) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed
at the time and in the manner therein specified, and in all respects according to
1.
their true intent and meaning, and shall indemnify and save harmless "City", its
officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
APPROVED AS TO FORM:!
CAIL IrJTTON, City Attorney
By: Deputy City Attorney
. -Vev Ls--4-
CAT. NO. NNO0630
TO 21946 CA (1-83)
(Partnership)
TICOR TITLE INSURANCE
STATE OF CALIWORNIA
COUNTY OF J/--05 SS'
On JCi it 95 before me, the
said Late, personall appeared rYlO�!'�'_ A. 70-) JI
� t.�,i2lrin
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person 5 who executed the within instrument as
�e4YPftk t k'2 of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
` Signature��l.C�il
a Notary Public in and for
OFFICIAL SEAL
KAREN MEREDITH KLEIN
m NOTARY PUBLIC • CALtFORNIA
• LOS ANGELES COUNTY
My comm. expires JAN 3I,]19
1, 1986
(This area for official notarial seal)
~ • I y
` Faithful Performance Bond
Page 2
As a part of the obligation secured hereby and in addition to the
face amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees incurred by "City"
in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the agreement or to the work to
be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the
r
principal and surety above named, January 29 19 85
y
:ipal
F O . IND NITtleo,
PA as 5u'
By r
ety
kA � I/ in
C. icha He Attorne7 n-f act
By
BOND NO. g21328$-A
The Premium for this Bond is:_$2.250.00
M
STATE OF CALIFORNIA ) ss
COUNTY OF OItANGE )
On , 19 , before niv
a Notary Public, in and for said County and State,
personally appeared
and
known to me to be the President and the
Secretary of the corporation that executed the within in-
strument; pursuant to its by-laws or a resolution of its Board of Directors.
Notary Public
My Commission expires:
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
On 19 before me
a Notary Public, in and for said County and State,
personally appeared
and known to me to be
the President and the
Secretary of
the corporation that executed the within instrument; pursuant to its by-laws or a
resolution of its Board of Directors.
Notary Public
My Commission � :•:pir� s:
FRL.AONT INDEMNITY WMPANY
HOME OFFICE — LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That, FREMONT INDEMNITY COMPANY, by G. P. JANICH
its Senior Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called
and held on the 18th day of February_ , 1972, which said Resolution has not been amended or rescinded and of which the following is a
true, full and complete copy:
"RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company, and either the President or any Vice -President, the Board of Directors or Executive
Committee may at any time remove such Attorneys -in -Fact and revoke the Power of .Attorney given him or her; and be it
further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the
Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or under-
takings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and
sealed and attested by the Secretary."
does hereby nominate, constitute and appoint C. MICHAEL HENLEY
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BOND UNDERTAKINGS
IN WITNESS WHEREOF the said Senior Vice President has hereunto bubscribed his name and affixed the
corporate seal of the said FREMONT INDEMNITY COMPANY, this 14TH day of JANUARY A.D., 1980
By
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
FREMONT INDEMNITY COMPANY
On this 14TH day of JANUARY A.D., 19 8Q before the subscriber, a Notary Public of the State of
California, in and for the County of Los Angeles, duly commissioned and qualified, came the above named Senior Vice
President, of FREMONT INDEMNITY COMPANY , to me personally known to be the individual and officer described in and who
executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of
the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and year
first above written.
OI'F1= SEAL
SANDRA J. WASINNGTON
(SEAL) + - ; NOTARY PUBLIC-CAUMnIA
LOS ANOELES COUNTY
My Commission Expun late IS. IN2
t,-r..d-t e✓ - � lvt / �nLJ
Not Public
I, the undersigned, Edward J. Lieber Secretary of FREMONT INDEMNITY COMPANY, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full. true and correct copy, is in full force and effect.
1N WITNESS WHEREOF, 1 have hereunto subscribed my name Edward J. Lieber Secretary, and affixed
the Corporate Seal of the Corporation, this 2 9 th day of January 19 85
Secretary Edward J. Lieber
PCS-63 (5/72)
• ACID WLEDGMENT OF ANNEXED INSTRIJIV
J •
STATE OF CALIFORNIA
COUNTY OF Los Angeles
On this 29th day of January in the year 1985
before me, Kathy Cantu , a Notary Public, State
of California, duly commisioned and sworn, personally appeared
C. Michael Henley
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Attorney -in -fact of the corporation that
executed the within instrument, and also known to me to be the person
who executed the within instrument on behalf of the corporation therein named, and acknowledged
to me that such corporation executed the same.
Fremont Indemnity Company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
State of California County of Los Angeles
on the date set forth above in this
certificate.
axmwuwmuuwwt!m!uu!mm Notary Public„Mate of California
ti or ti OFF I , AL SEAL � f/
KATHY CANiTU
Dom, ,ro. NOTAXY P113LIC•CAL!P0RNIA
PRINCIPAL L1tFti•} N
�? L ANGELE3 COUNTY My commission expires
My CommiMi ssion Expires May 17,1985
nmmpnumm�upuwpWla!!wuuw!w!wwiuwuu}n� ww!nine,"n�:.d��nuuaumiwul!pnwaaul!pmn
PATM
Form 21.104= MW. 12412) CAL. rAMoration) U.S.A.
BON I) " '). B213288—A
Yfth;M111M r 2.250.00
FAITHFUL PERFORMANCE 13OND � V
WHEREAS, the City Council of the City of Huntington Beach, State
of California, and FIVE: POINTS PLAZA, A CALIFORNIA LIMITED PARTNERSHIP,
(hereinafter designated as "Principal") have entered into an agreement whereby
. principal agrees to install and complete certain designated public improvements,
which said agreement, dated January 15 , 19 85 , and identified as
project FIVE POINTS PLAZA , is hereby referred to and made a part hereof;
and
V7HER':AS, said principal is required under the terms of said agree-
ment to furnish a bond for the faithful performance of said agreement.
Now, therefore, we the principal and FREMONT INDEMNITY COMPANY
as surety, are held" and firmly bound unto the City of Huntington Beach hereinafter
called "City", in the penal sum of ONE HUNDRED TWENTY FIVE THOUSAND AND
N0/100------------------- dollars 125,000.00
( )lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed
at the time and in the manner therein specified, and in all respects according to
a
their true intent and meaning, and shall indemnify and save harmless "City", its
officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
CAT. NO, NNO0630
TO 21946 CA (1-83)
(Partnership)
STATE OF CALIFORN A
COUNTY OF k&'C= �J SS.
TICOR TITLE INSURANCE
On ,� /9 p'S before me, the
nall ppe said te, persoared _ QA Je A. Ste,
0Aa s Sr',
personally known to me or
proved to me on the basis of satisfactory evidence to be
tithe pers�n�who executed the within instrument as
of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
i WR
idersigped, a Notary Public in and kw
V- EIAS a -h 111 /1
OFFICIALj1H
L
KAREN MEREDLEIN
NOTARY PUBLIC -RNIALOS ANGELES 49?My Comm. axpims, 19M
(This w4a for official notarial seal)
STATE OF CALIFORNIA
r ss.
County of Los Angeles �
On this 15th day of January , lq 85 before me
Lisa L. Thornton , a Notary Public, State of California,
t duly commissioned and sworn, personally appeared Ruth E . Gore
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the Attorney -in -Fact of Fremont Indemnity Company the corporation that executed
the within instrument, and also known to me to be the person who executed the with
ssssaeoaasrewsirur�wsa� instrument on behalf of the corporation therein named, and acknowledged to me that
"Fjc'1r°` SFAS such orporation executed the same.
LISP': L i HORNTON
kOt"t4': 4 -7L .. GA¢.F ORN'A
t. LOS ANGS' ES COWY N A& Public in for the
MycemmissionExpiresmay24,1983 State of California, County of LOS Angeles
saumsai�musuuuuwiwauuuuuwiWuumiwwxiuxuumxnx g -
SU R G50 1 / 83
Faithful Performance Bond
Page 2
•
As a part of the obligation secured hereby and in addition to the
face amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees incurred by "City"
in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the agreement or to the work to
be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the
principal and surety above named, January 15 19_R.;
FIVE POINTS PLAZA,
A California Limited Partnership
as Principal
i By
Rosalind Jon s churgin, Gen ral Partner
BY
Mark A. Sch g n, General Partner
' FRE NT INDEMNITY COMPANY as Surety
By
Rut1X E. Gore, A orney in act
By
BOND NO. B213288—A
The Premium for this Bond is: $ 2,250.00
' f
' { FRL.AONT INDEMNITY WMPANY
HOME OFFICE — LOS ANGELES CALIFORNIA
POWER OFATTORNEY
KN41% .%1.1. NIEN III `1.11L: + 11HESENTS:
I`hat, FREMONT INDEMNITY COMPANY, In G.P. JANICH
its Senior Vice Pn•sidcnt, in pursuance. of authority grante-d by Itrsulutiuel of its hoard of Direct,w, at a fn,•t-ting eall,'d
and held on thr I Sth d4y d February. 1972. which said Krs alaftievel has not hre-n anu•ttdt-d tat rt-.rindrd and of whn 11
the f all„%ing i. a
true, full and complete rupy:
••RF;St 11.1'F;11: That the Prrridrnt for any Virr•pre-idrnt may frurel time to tine• rplN►int ltttirneys•in•FacI to rt-prt-vnt anti
art for and evil behalf evf the Compael} , and either the Prrridrnt tot any irrl're-fd, lit, the• Board of ! Drente- or Executive
Committee relay at any time remove such Atturne%s•in•Fart and re%like the- Power of lttornry Ci%rn hint or her: and br it
further
"RESOLVED: That thr Attornrys-in•Fart may be given full power to execute- for and in the nanir of and on behalf of the
(:ompan% any and all bt►rtd- and undertakinp a- list- bu-im•.. of the Company relay requi►r. And an% •urh boas& tar undt-r-
takin t•xcrute-d b% any such Attunn•y•in•Fart shall lot -as binding upon the Company a- if -tgne-d by thti President and
wall. nd attestrd by the Secretary."
dues hereby nominate, constitute and appoint RUTH E . GORE
its true and lawful Atturnry-in•Fact, its make, execute. wal slid deliver fur and on its behalf, a.-urety, and as its art and Jt-cd:
ANY AND ALL BOND UNDERTAKINGS
IN ti 1TtiFaS A IIVREOF the said Senior Vice President Ifa• hereunto -uh-wribed his name- anti rffi%.•tl list -
corporate seal of the said FREMONT INDEMNITY COMPANY, this 14TH da,, of JANUARY A.D.. 1980
S7' 1'f k; t tF' (:A I .I F�llt tii •1
COUNTY OF LOS ANGELES
FREMONT INDEMNITY COMPANY
enior Vi¢e1 President
t to this 14TH day of JANUARY A.U.. 1980 , before the subscriber, a Notary Public of the State of
(:alifurnia, in and for the County of Los Angeles, duly commissioned and qualified. came the above named Senior Vice
Presith•nt, of FREMONT INDEMNITY COMPANY , to me personally known to Ise the individual and officer described in and whu
executed the preceding instrument, and he acknowlydggcd the execution of the sane, and bring b% me duly swum, depo-rth and saith.
that he is the .aid officer of the (:corporation afore. -ail, and that the seal affivrd to the prrcrJirig instrument is the Curpt)raty Seal of
the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and sub-cribeJ to the said
instrument by the authority ar►d direction of the said Corporation.
IN WITNESS a'liEREt1F, I have hereunto set my hand and affixed my Official Scal, at the City of Lot, Angeles, the day and year
first above written.
0FrIC•AL UAI. - -
SANrR1 1 wA, FIIW:i: sty
(SEAL) r7, h0TA1h PUBU► • Mf •tUr:YtA
��✓ My Comnfsston E%4 cs )rMr 16. 1982
Notnrr�tt6Ue G
I,the undrrsigned._____E_aWa{^ 1 e et- Secretary of FREMONT INDEMNITY COMPANY , do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto s►►t•vribed my name Fdward J. eber Secretary, and affixed
the Corporate Seal of the Corporation, this / S� day on 19
XX XXX Jerretur) Edward J. Lieber
Pc".4 t'St9?l
STATE O1 CALI1-'ORNIA ) ss
COUNTY OI' ORANGE )
On 19 before mr
a Notary Public, in and for said County and Statc,
personally appeared
and
known to me to be the President and the
Secretary of the corporation that executed the within in-
strument; pursuant to its by-laws or a resolution of its Board of Directors.
Notary Public
My Commission expires:
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
On 19 before me
a Notary Public, in and for said County and State,
personally appeared
and known to me to be
the President and the Secretary of
the corporation that executed the within instrument; pursuant to its by-laws or a
resolution of its Board of I.)irectors.
Notary Public
N,lNr Con-umission .:•:}�ir�'s:
r
CITY OF HUNTING*ON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
February 20, 1985
Schurgin Development Corporation
(Five Points Plaza)
3425 McLaughlin Avenue, #201
Los Angeles, CA 90066
Attn: Tom Tatham
CALIFORNIA 92648
The City Council of the City of Huntington Beach at its regular
meeting held February 19, 1985 approved a security agreement
between the City and Five Points Plaza for the construction of
off -site drainage improvements.
Enclosed is a duly executed copy of said agreement for your
records.
Alicia M. Wentworth
City Clerk
AMW:CB:bt
Enclosure
CC: Bill Patapoff, Department of Public Works
Wayne Lee, Finance
(Telephone: 714536-6227 )
REQUE` FOR CITY COUNCt_ ACTION
Date February 1, 1985
Submitted to: Honorable Mayor and City Council
Submitted by: C. W. Thompson, City Administrator ��v' I•T"r
Prepared b Paul E. Cook Director of Public Works ROVED BY ci
Subject: "Five Points Plaza" Development Off -Site Sttr�ain
Performance Bond & Agreement„ Oyu
Consistent with Council Policy? [XI Yes [ ] New Policy or Excep ion
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE: U
"Five Points Plaza' development is required to construct an off -site
storm drain system. A performance bond and an agreement are necessary
to insure the completion of the drainage facilities.
RECOMMENDATION:
Approve an execute the security agreement between the City and Five
Points Plaza for the construction of off -site drainage improvements.
ANALYSIS:
A c— oonn&liion of approval for the development of Five Points Plaza was to
construct an off -site storm drain system to accommodate the drainage
from their site. The development is nearing completion, but the storm
drain has not yet been constructed. Therefore, an agreement and bond
is needed in order to guarantee the performance of the work prior to
August 15, 1985.
FUNDING SOURCE:
one.
ALTERNATIVE ACTION:
Delete the con ition of approval requiring Five Points Plaza to construct
the drainage system.
ATTACHMENTS:
1. Agreement
2. Performance Bond
CWT:PEC:WAP:jy
G.5
PIO 4/84