The URL can be used to link to this page

Home My WebLink AboutNewland Street Residential Storm Drain Improvements Project Council/Agency Meeting Held: OD Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied Ci Jerk' Signat&r Council Meeting Date: 2/5/2007 Department ID Number: PW 07-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HON RABLE MAYOR A r D s I Y COUNCIL MEMBERS SUBMITTED BY: P E OPK'CU RETH GR FT, DPA, CITY A MINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECT R BLIC WORK SUBJECT: Accept Faithful Performance Bond for Storm Drain Improvements of Newland Street Residential (Tract 16733) Fstatement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The faithful performance bond for the storm drain improvements of Newland Street Residential project (located at the west side of Newland Street, north of Hamilton Avenue) is being submitted for City Council acceptance. Funding Source: No funds required for this action. Recommended Action: Motion to: Accept Faithful Performance Bond No. 5024757, the security furnished for installation of the required storm drain improvements, and instruct the City Clerk to file the bond with the City Treasurer. Alternative Action(s): Deny the recommended action. This action may delay the project. REQUEST FOR CITY COUNCIL AGTION MEETING DATE: 2/5/2007 DEPARTMENT ID NUMBER: PW 07-06 Analysis: On August 8, 2006, the Planning Commission approved Tentative Tract Map 16733, Conditional Use Permit No. 04-32 and CEQA Statement of Findings and Facts with Statement of Overriding Considerations. On September 18, 2006, the City Council approved General Plan Amendment 04-01 and Zoning Map Amendment 04-01 which modified the City's General Plan and Zoning Map, respectively, to allow development of the subject 23.097 acres into a 204-unit multi-family residential project. As part of the Policies, Standard Plans, and Code Requirements of the City of Huntington Beach Zoning and Subdivision Ordinance and Municipal Code, the developer was required to submit to the City improvement securities (Faithful Performance, Labor and Material and Monument Bonds). The improvement plans for the offsite storm drain system are approved and construction is ready to commence for this portion of the project. The developer is submitting a Faithful Performance Bond as a surety for completion of the associated work. Upon completion of design and prior to commencement of any onsite work or other offsite public improvements, the required Subdivision Agreement, Bonds and Final Map will be submitted for City Council acceptance. PROJECT PROPOSAL: DEVELOPER: WL-Direct Huntington Beach, LLC, 3121 Michelson Drive, Suite 200 Irvine, CA 92612 ENGINEER: Walden & Associates, 2552 White Road, Suite B, Irvine CA 92614-6236 LOCATION: West of Newland Street, north of Hamilton Avenue, south of Lomond Drive ZONE: Medium Density Residential — Flood Plain (RM-FP2) GENERAL PLAN: Medium Density Residential (RM) NO. OF ACRES: 23.097 gross acres Public Works Commission: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachmentt's): o 1. Location Map 2. 1 Bond Faithful Performance -2- 1/22/2007 12:11 PM ATTACHMENT # 1 PROJECT let %LOCAT? LommMLLS- LAND �I TTM 10733 HAMIUM AVE WISON AVE ATTACHMENT #2 BOND NO. 5024757 PREMIUM $778.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and WL-DIRECT HUNTINGTON BEACH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated NEWLAND STREET 20 , and identified as project RESIDENTIAL* is hereby referred to and made a part *OFFSITE STORM DRAIN IMPROVEMENTS, TRACT 16733 hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and BOND SAFEGUARD INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the ONE HUNDRED THREE THOUSAND penal sum of SEVEN HUNDRED FIFTY THREE & NO/100 dollars ($ 103,753.00 ) 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 covenant, condition 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 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. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable 1 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 charge, 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 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, on JANUARY 5 , 20 07 WL-DIRECT HUNTINGTON BEACH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY , as Principal Ile,lo"1 By Inin,&ellp 46e-e-., By 114 BOND SAFEGUARD RA COMPANY , as Surety By D.J. PIC , ATTOR EY-IN-FACT By VE P�[Vfc��P►T ,City A orn�ey 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON �A�/u � a�7 BEFORE ME, Jb� , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND cJ).—?Ar r�itlal PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF STATISFACTORY 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 PUBLI IN AND FOR AI TATE IN � �� COUNTY CA&g cz)i9_4 PRINTED NAME MY COMMISSION EXPIRES / 8 Comm �d 0� LE, b Mti �7 STATE OF CALIFORNIA ) SS 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 STATISFACTORY 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 PRINTED NAME MY COMMISSION EXPIRES 3 CALIFORNIA ALL-PURP®Sh ACKNOWLEDGMENT State of CALIFORNIA 4 County of ORANGE On JANUARY 5, 2007 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared D.J. PICARD NAME(S)OF SIGNER(S) ® personally known to me a OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their - signatures on the instrument the erson s , .•;.. - . cYNTHIA S.�v®zNEy 9 ( ) P ( ) COM #f1670733 r or the entity upon behalf of which the NotaryPublic-Calif°�"� M person(s) acted, executed the instrument. uj oRA NGE I, NTv My COMM'EXP.JUne 25,2010 WITNESS my hand an fficial seal. SIGNA AE OF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 02 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JANUARY 5, 2007 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) BOND SAFEGUARD INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE f POWER OF ATTORNEY A0 2 4 3 7 2 Bond fe uar INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard,Illinois,does hereby constitute and appoint: ***** * ** D.J.Picard,Todd M.Rohm, Sejal P. Lange, t — Cathy S. Kennedy, Beata A. Sensi, Cynthia S. Wozney **************************************** its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond,$ 3,000,000.00 Three million dollars sss«ss«ss«sss«««««s«sssssss«s««««««s«ss««s«ssssss««s«ssssss«s« s....<s.........,.«..>.s.,.**s..s,.:s..s:s.sss......<....,,.««.*.*s„*�.«...,....ss«s..,.s...s......*.,s...s:.s.«*.*.s«s....«,�:.*..s.*rs.s...*.s. which the Company might execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 7th day of November,2001. JPPp INSUggN BOND SAFEGUARD INSURANCE COMPANY oF�o O AN Z ILLINOIS v m INSURANCE Z COMPANY BY David E:Campbell President ACKNOWLEDGEMENT On this 7th day of November,2001, before me, personally came David E.Campbell to me known,who being duly sworn,did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" LYDIA J. DEJONG Notary Public, State of Illinois •J My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE 1,the undersigned,Vice President of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company,DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard,Illinois this 5TH Day of JANUARY 2007 ovmz�(i) Donald D. Buchanan Z Secretary RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept Faithful Performance Bond for Newland Street Residential Tract 16733) COUNCIL MEETING DATE: February 5, 2007 RCA ATTACHMENTS STATUS' g Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable N EXPLANA►TIO FOR MISSiNG,A ACF4MENyTS REVIEWED RETURNE® FORWARDS® Administrative Staff Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR:RETURNOF ITEM: _.' Only)(B616W$pace For City Clerk's Use RCA Author: S.Bogart:jg RECEIVED BY: CITY CLERK RECEIP T COPY Return DUPLICATE to City Uerk's Office (Name) after signing dating (Date) ®, CITY OF//UNTINGTOdN BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenrich, City Treasurer FROM: i DATE: O� ho SUBJECT: Bond Acceptance have received the bonds forA�kjq,0,6 (company Name) Faithful Performance Bond No. Labor and !Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Cou it Approval Date) City Clerk Vault No. #27 g1followup/6ondletter doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to It (i f City Clerk's Office (Name) I after signing/dating 18'f o (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for )Itj-: JLAjj) �C ' (Company Name) ` Faithful Performance Bond No. � �- Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved �� Agenda Item No. PP 9 (Council Approval Datej City Clerk Vault No. #27 gJfollowup/bondletter-Joc