HomeMy WebLinkAboutAcceptance of Improvements - McDONNELL DOUGLAS REALTY COMPA Council/Agency Meeting Held: 57 F,' 19(„
Deferred/Continued to:- ��
0 Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sigi ature
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Council Meeting Date: August 5, 1996 Department ID Number: PW 96-042
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr
PREPARED BY: 4RIS M. JONES II, Director of Public Works
SUBJECT: ACCEPTANCE OF IMPROVEMENTS: -- McDonnell Douglas?avpany,
Completion of Public Storm Drain (Notice of Completion)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Envirmental Status,Attachments)
Statement of Issue:
McDonnell Douglas Realty Company has completed a new public storm drain line as
required with the conditions of development for the Sharp Electronics facility located at 5901
Bolsa Avenue and is requesting acceptance by the City.
Funding Source:
Not applicable i
Recommended Action:
1. Accept the storm drain line as constructed with this project; and,
2. Accept Guarantee and Warranty Bond No. 12-0120-27414-96-2; the security furnished
for guarantee and warranty of the storm drain line, and instruct the City Clerk to file the
bond with the City Treasurer; and,
3. Instruct the City Clerk to notify the developer, McDonnell Douglas Realty Co., of this
action, and the City Treasurer to notify the bonding company, United States Fidelity and
Guaranty Co., of this action. McDonnell Douglas Realty Co. will file the Notice of
Completion.
Alternative Action(s):
Deny the recommended action. /
KL.:QUEST FOR COUNCIL ACTIvN
MEETING DATE: August 5, 1996 DEPARTMENT ID NUMBER: PW 96-042
Analysis:
On October 11, 1995, the Zoning Administrator approved Conditional Use Permit No. 95-63
authorizing construction of a 538,859 square foot office headquarters and warehouse/
distribution facility for Sharp Electronics Corporation. The developer was conditioned to
design and construct, at no cost to the City, a new public storm drain line along the south
side of the McDonnell Douglas property to accept the additional flow and relieve the existing
storm drain line in Bolsa Avenue. The new storm drain line was designed to bring drainage
areas of both the new storm drain and the existing storm drain in Bolsa Avenue into
conformance with current flood protection standards.
The City Engineer has determined that the storm drain line has been constructed in
substantial compliance with the approved plans and specifications, and recommends
acceptance of the storm drain line. Calif. Government Code Section No. 66499.3 (d)
requires that security for the guarantee and warranty of the improvements be posted upon
acceptance of the public improvement. The developer has provided Guarantee and
Warranty Bond No. 12-0120-27414-96-2 as security.
Environmental Status:
This project is covered under Negative Declaration No. 95-6.
Attachment(s):
Page Number
...................................................
1 Location Map
2 Guarantee and Warranty Bond No. 12-0120-27414-96-2
0019673.01 -2- 07/09/96 10:51 AM
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STORM DRAIN INSTALLED
BY McDONNELL DOUGLAS�
BOLSA AVENUE
EXISTING STORM DRAIN
L JAP
LOCAT � ON
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS MCDSD
BOND NO. 12-0120-27414-96-2
PREMIUM $1 ,492.00
GUARANTEE AND WARRANTY BOND
WHEREAS, McDONNELL DOUGLAS REALTY CO. , as
a Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY , a
corporation organized under the laws of the State of Maryland
and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the
City of Huntington Beach, California, as Obligee, in the penal sum of ONE HUNDRED TWO THOUSAND SIX
HUNDRED AND NO/100-----($102,600.00)----,-representing 10 percent of the contract price
entered into between the Principal and Obligee, to which payment well and truly to be made we do bind
ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally.
WHEREAS, the said principal entered into a contract with said Obligee, dated October
11, 1995 for work described as follows:
Design and Construct a new Public Storm Drain Line Along the
South Side of the McDonnell Douglas, Huntington Beach Property
(Bolsa Avenue Storm Drain) .
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to
guarantee and warrant for the period of one year after completion of the work and acceptance thereof by
the Obligee, against all defects in workmanship and materials during said one year period.
WHEREAS, said work has been completed, and accepted by Obligee on January 8, 1996
NOW, THEREFORE,the Principal and Surety,jointly and severally shall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship
which become apparent during the period of one year from and after date of completion of work and
acceptance thereof by Obligee .
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on June 3 , 19 96
iluDONNELL DOUGLAS REALTY CO.
as Principal
By
By
1
P
UNITED STATES FIDELITY AND GUARAN,Tgs Surety
OMPANY
B
By Cynthia L. Hanak, Attorney-In-Fact
MISSOURI
STATE OF-eALif ORhftt )
ST. LOUIS ) SS
COUNTY OFE )
ON 4 June 1996 _, BEFORE ME, Mary Ann Dellerman
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Steven N. Frank
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 AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. MARYANN DEL itemAN
Notary f ub!ic,$tole of Missouri
WITNESS MY HAND My Commission Expires D�comber 5, 1^V6
St.Louis County
SIGNAT URc t MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY Plj'gi.1cr
D FOR SAID STATE IN St. Louis COUNTY
Mary Ann De l l erman
(NAME PRINTED) MY COMMISSION EXPIRES Dec. 5, 1996
STATE OF CALIFORNIA )
) SS ** SEE ATTACHED JURAT **
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
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 AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
16887
2
State of Missouri
County of St. Louis
On this 3rd day of June 1996
before me, Patricia L. Davison, a Notary Public in and for the said
County of St. Louis, State of Missouri, residing therein, duly commissioned
and sworn, personally appeared _Cynthia L. Hanak
known to me to be the Attorney-in-Fact of the United States Fidelity and
Guaranty Company the corporation that executed the
written instrument.
Notary Public in and for the County of
St. Louis, State of Missouri
�A1RICIA�.DA�1S�'
TARP PUBLIC-NOTARY SEAL
t ti�diSSION EXPIRES APR"'
1232048
United States Fidelity and Guaranty Company Power of Attomey / U S F m
No. 109626
Know all men by these presents:That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint Gerald J. Lux,
Cynthia L. Hanak, Leslie A. Johnson, James Prinsen, Robert A. Miller and David B. Arvola
of the City of S t. Louis State of Missouri its true and lawful Attorney(sEin-Fact,each in their separate capacity if more than
one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the
nature thereof on behalf of the Company in its business of quaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing
bonds and undertaking required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice President and Assistant Secretary,this 22nd day of November ,A.D.1995.
r United States Fidelity and Guaranty Company,
MXNWAU (Signed) By....... ... .... .. / .. .......... ............
�, t898 4 Vice President
(Signed) By..... . . .`4c... .... ... .........................
, Assistant Secretary
State of Maryland)
SS:
Baltimore City ) ` �� �
On this 22nd day of November A.D.19.95 ,before me personalty.came Gary A Wilson Vice President of United States Fidelity and
Guaranty Company,and Thomas J.Fitzgerald,Assistant Secretary!of said Company,with both oif.Thom I am personally, who being by me severally duly sworn,
said,that they,the said Gary A.Wilson and Thomas J.Fitzgeral'd"vrrere respectively the Vite-President and the Assisteht"Setxetary of the said United States Fidelity and
Guaranty Company,the corporation described in and{ipAii executed the foregoi 06iver of Attorney,that tht each knew the seal of said corporation;that the seal affixed
to said Power of Attomey�was such corporate t itit seal;ytha was so affixed b order of the Board of Directo`)s-of`said corporation,and that they signed their names thereto by
Y
like order as Vice President and Assistant Secretary,respectively,of the`Company.
My Commission expires the 1st day of �'A'u' A.D.1998
(Signede By.... :._.. .
ry Pubf
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to
said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(sl-in-Fact pursuant to a Power of Attorney issued in accordance with
these resolutions.Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by pie Chairman.
or the President,or an Executive Vice President,or a Senior Vice President,cr a Vice President or an Assistant`lice President,jointly with the Secretary or an Assistant
Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing AttorneylsFin-Fact for purposes only of executing in
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Resolved,That Attorney(sl-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,subject to the terms and limitations of the
Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(sl-in Fact shall be as binding upon the Company as if signed by an Executive
Officer and sealed and attested to by the Secretary of the Company.
1,Thomas J.Fitzgerald,an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and thQ seal a United States Fid -ty and Guaranty Company,
onthis 3rddayof June .1996
............' - --- -- ------------------------------
t Assistant Secretary
N
FS 315-95)