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HomeMy WebLinkAboutFIVE POINTS PLAZA - 1985-02-19 (4)t SECUR1 TY AGREEMENT FOR IMPROVEMENTS BETWEEN THE CITY OF HUNTINGTON AEAC:H AND FIVE POINTS; PLAZA TI3IS AGREEMENT is made and entered into this 12� 57' day Of C --' y� 1985, by a_id between the CITY HUNTIN?GTON BEACH, a municipal corporation of the StGte of California, hzreinafter referred to as "CI Y," and FIVE POINTS PLAZA, a California limited partnership, hereinafter re erred to as "DEVELr`''ER" WHEREAS, DEVELOPER desires to develop certain property on, the west side of Beac*. Boulevard, south of Ellis Lvenue, and TATHEREAS, CITY requires, pursuant to Huntington- Beach Mui:iicipal Cede S-ction 14.48.060, the upgrading of the existing storm drain lines at the Five Points Plaza, NOW, THEREFORE, in consi<5eration 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, casha.e1°s Check, cash or instrument of Credit from ane or more responsible financial institutions in the amount of _ti 5,000.00, naming CITY as obligee, guarant—eing that DEVELOPER construct said of4-site storm drain improvemeits to the standards required by the Tegartmenc of Pubic Works for CITY. 1. AWL 3. CONSTRUCTION, Thi storm drain system, - including necessary cats- 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 27inch reinforced cor-crete pipe. mhe storm drain system shall be constructed in _ccor.dance 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 autaorized officers on the day, month and year first above written- DEVELOPER: CITY OF HMJTTINGTON BEACH, FIVE POINTS PLAZkL, A municipal coreoration A limited r —rship d By - Mark A: S u gin,' Mayn- r A ge r l p tner Rosa'land Jona churgi A general par_ er ATTEST; APPROVE AS TO FOPY: _ `` C� ty 1-7lerk REVIEWED APr-ROVED: rA Ar%Q PP OVER: City dministrato p etvr of Public Works '2. 3ElC 11ONAL DISTROT MAP 35-5-1i CITY OF HUNTINGr. ON BEAC4 {)RANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP TALBERT A�.VE u 1+ , .K 1 vF'G rTx �{�'TJ—{1 J��) T W i•� a t i l��wv. sR f {{ 1 TJ Vr- AVY.,' :r PKV,NIR h1 $2,r250.00 lSUND W.IIEIk EAS, the City Council oftheCity 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, dates 19 and identified as project FIVE POINTS PLAZA is hereuy referred to and made a part hereof; and V'H.CR :AS, said principal is required under the terms of said agree- n-ient 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 T %TENTY FIVE THOUSAND------- ----------•---------- ^-- -dollars ($1.25,000.00-----• lawful money of the United States, for the paypient of which sum well and truly to be made,we bint'. ourselves, our heirs, successors, executors and administrators jointly and severally, firmly by these presents. .he 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 tr1ily keep and perform the covenaa s, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perto reed :c the time and in the ,nanner therein specified, and in all respects accor.iir,.a to their true intent and meaning, and shall indemnify and save harmless "Cit, 11, 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 1! ORR *, GAIL iriTT01E, City Attorney By: ,Deputy City Attorney -LAX �c�-- i CAT. 10. NN00630 TO2,,4F1CA,1--83) Qffly TICQ`R TITLE INSURANCE „ 3 (Partnership) ATE OF CAI FORNIA COUNTY OF t 4f 1C�r`..�' On 7-7 J Yi�(Lks f" before me, the undersigned, a Not � Public in and for said State, personall ap, cared n-V5 � I• 7( '11.i.1 1:^jii rtd. -0 l'aCl_ :I. P � } t n a � personally known to me or j proved to me on the basis of satisfactory evidence to be } the per-,;,.i-5 who executed the within Lnstrument as a L —Wa_ of the parr-:!rs of the partnership *� that executedd the within instrurr.ent OFFICIAL SEAL and acknowled ed � to me that &3ch partnersht- executed the same. K i KAREN ;� cREDITH KLhIh! L'6 trG:AV P'tC CAi)FORNIA WITNESS my nand and ofticiai seal. ,; l �S ANuEUS COUNTY �5 n..- G!v tnmcn e,.p,tts JAN 31, 1986 Signaturel�.�.7 � id., � � , , .L.l .sY.:a: ¢+.,u+. " x7J4i'CY-vr.+^v+"d".:,^�. 3•�4 s. �1 (This area for official notarial seal) a Faithful Bond PagV W As a part of the obi yattun sct tar(-d hereby and to akidition to the face amount sprt-ified therefor, there shall be in,.Juded costs and reasonable expenses and fees, including reasonable ;tttorne.y`s fees in, Urred by "City" in successfully enforcing such obligation, all to Lie taxed as cu. is and included in. any judgment rendered. The surety hereby stipulates and agrees that no change, extenwion of i�.-ne, alteration or addition to the terms of the agreerr ent'or to the work to be perforn-,ed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby vmive notice of any such change, extension of time, alteration or addiLiol1to the 'terms of the agr :ement or to the work or to t-te specifications. In witness whereof, this instrument has been ditly ex:-( uted b3 r the principal and surety above named, January 29 ly 85 b f FIVE PgiNTS PLAZA as Principal B oSalind c urgirt INA By Mark A. c urgzn r FE540 IND MNITY OMPAIP, a5 Surety jay C. t icha HbSlcy Attoriie n—f act By BOND NO The Premium for this Bond is:. $2.250.00 STATE E 0j' C"A! iVc ILN A On a Notary Public:, :n andi for said Gouc.ty a jd Stat%, personally appeared _ and _ -- knovtn to me to be the President and the Secretary of the corporation that.executed the vvith n in- strum,nt; pursuant to its Icy --laws or a revolution of its Board of Directors. Notary Public' My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On 19 befory rile a Notary Public,in and for said County and Statc;, personally appeared and known to runt, to bo thr President and the Set ri-Lilry of the corporation that ext-cuttd the within instrurnent, pursuant to its by-laxz; or d resolution of its Board of Directors. Notary public FR&A-ONT INDEMNITY AMPANY _J HOME OFFICE LOS ANGELES, CA LIFO RN IA POWER OF ATTIORNEY K.NOIAALL MEN BY THESE PRESENTS, That, FREMONT INDEMNITY COMPANY, by G . P , JANI CH its Senior Vice President, in pursuance of authority ranted by Resulutaan of its Bt.ard of Directors at a meeting called and held on the 18th catty of February:, 1972, which said Resolution ias not been amended or rehrinded and of which the following is -a true, full and complete copy - "RESOLVED: That the President or any Vice -President muy from time to time appoint attorneys -in -Fact to represt:nt and act for and on behalf of the Company, and either the President or any Vicv­P;emdent, the Board of Directors or Executive Committee may at any time remove F-uch Attorneys in -Fact and rep ,ke the Power of •attorney given him or t; and he it further "RESOLVEU: 'that the Attorneys-in•Fact may be given full power to execute for and in the name of and on behalf of the Company aa) and all bortds and underlakingg a's t},t, buoine,s of the Comp ny may regt,ire, and any such binds or under- g exec ted by llrr byuch kttarncytin-Fact shall lie a binding, upon the Company as if signed b) the President and takin does hereby nominate. constitute and appoint C. 'MICHAEL HENLEY its true and lawful Attorne)-in-Fact, to make, execute, seal and deliver f i and on its behalf, as surely, and as its act and rlr;ed: ANY AND ALL BOND U1.JERTAKINGS IS W MNESS WHEREOF the said Seni c r Vine President has hereunto subM.ribed" his name and affixed thc- corporate sea! of :the said FREMONT INDEMNITY COMPAN Y , this 14TH day of JANUARY A.U., 19 80 FREMONT INDEfA131TY COMPANY Bj STATE OF CALIFOR;VIA e 1 r Vic4lnreardent COUNTY OF LOS f%:NuELES On this I4 T H day of JANUARY A,D., l9 R bxfore the subscriber, a Notary Public of the '�tatc of California, in, and for the County *rf Los Angeles, duly commissioned and qualtrie;l, cattle the above named Senior Vice President, of FREMONT INDEMNITY COMPANY , to me personally know:t to be thr individual and officer doscribed in and who executed the preceding instrument, and he ackro•uted ed the execution of the sane, and teeing by me dui} sworn, dcPoserh and with, that he is the said officer of the Corporation aforesaid, and that the sea? affixed to the precedin instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as s,rch cifficer'wpre dully affixed and subscribed to the said instrument by the authority and direction of, the said Cerpe'rat on. 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 of o•'a written. SANDRA 4 WfiSEfiN50N f c�lets. ti£1th y (Sr. �L) 1 ,,} MOTAP PUBLIC•CRu6tlRtflA z wci•t r�1 UIt 4 /4�7. ✓ 7 ills ANQELES WUNTY (N — Not PubLc Aar commission r1kV.3 Jay 13. Itid2 r I, tho dersi�ggned, I:dWdI"d J. Lieber Se,retary of FREMONT INDEMNITY COMPANY , do hereby certify that the original POWER OF AT'CORNEY, of wS,ioh the ft regoing is a full, true and rorrect copy, is in full force and effect, 1N WIT`'LSS WHEREOF„ I have hereunto subscribed my nktm' :s Edward; J. Lauber Secretary, end affixed the Corftorate.Seal of the Corporat'rort, this 29 th rlaye of January 19 85 t��ttiry K ward J, Lieber FCS-63 ($/72) ACKA&WLEDGMENT OF ANNEXED INSTRU T STATE OF CALIFORNIA ss., 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 satisf�:.c ory evidence) to be the Attorney -in -fact of the corporation that executed tta 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 TN WITNESS WHEREOF, I have hereunto set my hand and affixed met official seal in the State of California County of Los Angeles on the date set forth above in this certificate. Notary' Public, ate of Californlf ' CANT WS My commission expires y.re pRtt.'TFD i 6rm 21Q0-03# miw 12-M CAL(O- a-6-j U.SW� $2,250.00 1'AC1'11� i.lL I'1will"1.�3"'vlt�:�t�:J: 14c.Rtii.3 WHEREAS, the City Council of the City of Huntington Beach, State of California, and FIE POINTS PLAZA, A CALIFORNIA LIMITED PARTNERS HIP, (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees tL; install and complete certain designated public improvements, which said agreement, x�Pite i ,Tanuary 15 19 85 and identified. as project FIVE POINTS :PLAZA is her -by referred to and made a part, hereof; and 1'.'HrRa15,, said principal is required under the terms of said agre"t- ment to furnish a bond for the faithful performance of said agreement. Now, therLfore, we the principal and FREMONT TNDEMNITY COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "%.ity", in the penal sum of ONE HUNDRED TWENTY FIVE THOUSAND AND NO/100--"--- ------------- dollars ( 125,000.00 ) lawful money of the United States, for the payment of whir'.: 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 aszigns, shall in all things stand to and abide by, and well and tr"ily keep and perform the covenants„ coiiditions and provisions in the .aid 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 their true intent and meaning, " and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall becomenulland voice; otherwise it shall be and remain in full force and effect. a r t ...CAT. NO, NNO0630 TO21946 CA 0-83} TICOR TITLE INSURANCE (Partnership) STATE OF CALIFORNIA ) COUi4TYOF .Lo-'. /rru —., f 1} SS, On 4 / fu, - iii-1 r l �l J before me, the undersigned, a Notary Public in and for said te, person .i ppeared /�1- Z tS tt C d /tt Jo 11 _ personally known to me or proved to me on the basis of satisfactory evidence [o be t' the pen a who executed the within instrument as f 1 3 11 t S 6' of the partners of the partnership that executed the within instrument, and acknowledged ;„,, OFFICIAL SEAL t(,t me that such partnership executed the game. % ( KAREN MEREDITH KLEIN 1VITNESS my hand and official seal. I I-e NOTARY PUB L C' Cgt;•.rORNtA c t «f ttrr AHGcpire COUNTY 31 .- My camm. expirEt« 1Atl 31, 1496 HJ (This area for official notarinl seal) STATE OF CALIFORNIA F; of n tiles ss. Count ' Los A q Y oil this 15th ---- daydays of January 19 g5 beforeme, Lisa L. Thornton � rtry � a Notary Public, State of California, duly commissionel and sworn, personally. appeared _ _Rixth E. Care persotiall\ known to me (or pro) ed to me on the bases of ,satisfactory e%idenccl to be the Attornsrv-in-Fact of i-remont Indemnity Company the c; rpor anon that executed the within instrument, and also known to ore to be the person who executed thewithin m ar, instrument on behalf of the corporation therein named, and ackrro.ti ledged to toe that s such orporLtion executetl the same. y I'ahhc to for Itic State of California, Coumv, of I,os Angeles �m i %R ctsa I n f l' aithful l'crforrnanc e Bond Page 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'-, frets incurred by "cty`a in succe:,_fully enforcin> obligation, all to be tax(,d as costs and included in any judgment rendered The surety hereby stipulates and agrees that no change, extension of`tinie, alteration or addition to the terms of be agreeme'�Lt 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 t;1e specifications. In witness whereof, this instrurnont has been duly c.,w-uted by the principal and surety above nomad, January 15 19 as FIVE POINTS PLAZA, A California Limited Partnership c _ as Principal - By Rosalind ion e.� churyin, Gen al Partner F , By Mark A Sch g n, General Partner FRLMQNT INDEMNITY COMPANY as Surety By_— Rut E. Gore, A arney in act Bye B213288--A $ 2,250.00 The Premium for this 13ond is: a»■ FR*ONTINDEMNII-Y AMPANY ,40ME OFFICE — LOS ANGELES, CALIFORNIA POWER Of• ATTOW, EY kNiI%% A11\11- Ito '1IIF:rl:111WS :NTS ''I'hnt. FREMONT INDEMNITY COMPANY , hi, G.P. JANICH il• Senior Vile PrrridotiI. in Irur.-owner-(IIauIlioriI% grrnted It} Iir-ulutVaI ,fit, i:rravrllit 1)ir••r t• rn at a (rt••rtI,C"II l and held on the i Mh day of February, 1972. %4hicli said llrwlutinn lea- not bt-n antrttd, d ur n•-rinded anal n(.,bu It file fr,ll,r.ing i- a trite, full and conipti•tr rupi, c "IIF: tt1.CFi1): That till. Prr.ident or al)) : ir,..Pn'- drul nw) from tiro,• ter first, .il'I'mi+i liflwltr).•in•Fat I to rrprrWni Anil art for and oil brhaif of till- t•tt1wr'thr Prr;.itlenl or •rm is is t-Prr.id, tit the Ruud it( Dirrt tor. or h:xrcuti%,, + Commiltrr ma) at any tune remove -rich •lttornr•t-yin-rare and rr•%(rkr thd• Pw rrof Attornr•t Fr}rtf hint or her. and be it further RF:Sttl,\`F:I t That the ,\Horne) -•in -Fart rn e\ brg4en frill ltuat•r fit rxr(•uly fur atttl to the name of and onlirlutf of file Catntltan). an) and Al lr,tnd- and 1111 tJkiug- a+ t. , rrf the Cwnpm� tnrs rr•rluire, ans) arts -ui Ithuud- nr u+rd. takill xrr ul+•d b% atis �;r Atturtl -,i •Fart �italt 4 a. imidirt, upon the Cumitan) a- if igurt! b) the Prc,�idcnt and sealed and attekIrd bi till. Scuretart." does hereb) _nominate, constitute and appoint RUTH E . GORE iL, true and la+. fal Atiuntr)•in-Fact, to make-, exi•ruic. real au.: deliver (or and un it, behalf„ aa-un•t), and a- itr art attd deed! ANY AND ALL BOND UNDERTAKINGS IN a1TNESS %\111-AiFo)F the said Senior Vice Pre:•itlentlta- herruntu .ub-rribrd hi, naotr and rfft rdi tier'' corpitratr coal of tltl•;said FREMONT INDEMNITY COMPANY, dtis 14TH day or JA;IUARY 1,IF, 1980 FRE`,IONT INDF.M.NITY CO\:PA\Y B) !" Sl'1T�t)F`f;:11,1Fr)tiM 1 Senior Vide Presidrnr COUNTY OF Lf r ANCFLES* ) `s On this 14TH day of JANUARY A.D., -1980 , brfon: the xubsrribrr, a Nutary Public of till-^tate of Califi)rniz,inand Inrlhet:nnnta of Lo€.4ngelvs, dul) commis..-ioned andqua)tfied, earn, fhraboirnantrd Senior vice` Prrsidrnt. of FREMONT iNDEMNITY COh1PANY , to me perionall) knuwn to tic the indnidual and officer described in and .hu executed the prrredirtp m,,truntrnt, and he acknoi lyd ed the execution of the saner, and'bt•ing b) me dul) Churn, drl,u-etfi ind &34h, that he is the .aid officer of the, Corporation afurz aid, and that the seal af(i\vd to the pret edtng in trumctft is fill- Lurporate ,pal of this Said Corpnratiun, and that the said Corporate Seal and his <ignaturc as such ufftrrr xrre dull affixed and sub,crfbed to the said instrument b) thr authorit) and direction of the m:d Corporation. 1% VOT'NESS %flEREt)F`; i have hereunto art my hand and affixed m't, Official Seal, at thr Cal. or I-o: Angelt. , the da) and )c1r Grsl above written. OFFIC,Al- ScAI (SEAL) r.. AGt3R1 &Utills • ttfttr_VtA -`ii� i �� f • —� A• d / :, j�tc.0 j 1:1; iRNEtta-,Crt1Y ' =..✓ 6tr Comntsiton E+,-t.c•A )tsy is. 1982 (,the undrr+i�ned, Wat tl e et- Sectetary of FREMONT INDEMNITY COMPANY , do hcreb} tcrtif} that the o6iiinal POA ER OF ATfOWNE of whirh the, foregoing is a full, true and rurrert copy, is in full force and effect. iN WITNESS R'IIEREOF- I Nave hereunto strl,rsrihcd my name s irdward J. "eber Srctctar), and �affized the Corporate 5ra1 of till. Corporation, thiss j= day n 19 �y XXMXXX Srrrrw,.) Edward J. Lieber t On - 1rl ticwfc�rr tray .�� a Notary Public, in and for saiti County and Staa, per; onally 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 Hoard of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA ) s COUNTY OF ORANGE On 1`9 before me ,a Notary Public, in and for sa'd County and Statc:, personally appeared and known to niv, to bo the President and the Scr rota ry of the corporation that executed the within instrun—wnt; pursuant to its by- aws or a r't�solution of its Board of Directors. ;votary Public. ITT OF HUNTINGIPON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 20, 1985 Schurgin Development Corporation (Five Points Plaza) 3425 #9cLaug4l i n Avenue, 111?01 Los Angeles, CA 90066 Attn: Tom Tatham The City Council of the City of Huntington Beach at its 'regular meeting herd 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., 714-53"227), REQUA FOR CITY COUNCIP ACTION Date February 1, 198S Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Aaministrator 1ZOYED By G`x ` Prepared by: Paul E. Cook, Director of Pt,')I:.c Works, I r Subject: "Five Points- Plaza" Development 'Off -Site bzain Performance Bond & Agreement "�;;i GiTY L Consistent with Council Policy ? [XI ; Yes [ ]_New Policy or Excep ion'� Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: °�_�' // STATEMENT OF ISSUE: y "Five Points Plaza" development is required to construct an off-si*e storm drain system. A performa.Lce bond and an agreement are necessary to insure the completion of the drainage facilities. RECOMMENDATION: Approve apd execute the secczrity agreement between the City and give' Points Plaza for the construction of off -site drainage improvements AINALYS I S A condition of pproval 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 i.s needed in order to guarantee the performance of the work prior to August IS 1,985 FUNDING SOURCE None. ALTERNATIVE ACTION: Delete the condition of approval regriiring rive 'Points Plaza to construct the drainage system ATTACHMENTS: 1. Agreement 2 Performance Bond CIVT : PEC : WAP : j y P1C5 4/84