HomeMy WebLinkAboutApprove and accept the Public Improvements, and release the (2) Dept. ID PW 16-064 Page 1 of 2
Meeting Date: 11/7/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
may A
MEETING DATE: 11/7/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and accept the Public Improvements, and release the Securities for
Tract Nos. 17032 and 17033 (Brightwater Development/ Signal Landmark)
Statement of Issue:
Signal Landmark, A California Corporation, the subdivider of Tract Nos. 17032 and 17033 (located
in the Brightwater Development), has completed all required public improvements and is eligible to
receive a release of securities pursuant to the provisions of the Subdivision Map Act.
Financial Impact:
Not Applicable.
Recommended Action:
A) Accept the public improvements, constructed and dedicated for public use with Tract Nos.
17032 and 17033; and,
B) Release the Faithful Performance Bond and Labor and Material Bond Nos. K08842000 and
K08842012, pursuant to the California Government Code Section No. 66499.7(a); and,
C) Release Guarantee and Warranty Bond No. K0896502A, the security furnished for guarantee
and warranty of the sewer lift station of Tracts Nos. 15460 and 17032; and,
D) Instruct the City Clerk to notify the developer, Signal Landmark, of this action, and the City
Treasurer to notify the Surety, Westchester Fire Insurance Company, of this action; and,
E) Instruct the City Clerk to record the "Notices of Acceptance of Public Improvements" (attached)
with the Orange County Recorder.
Alternative Action(s):
Deny the recommended action. This alternative action may violate Section 66499.7 of the
Subdivision Map Act which requires that securities be released upon acceptance of public
improvements.
Analysis:
The developer, Signal Landmark, has completed all required public improvements for Tract Nos.
17032 and 17033, and is requesting acceptance of the work, and release of the respective faithful
performance and labor and material bonds, pursuant to Calif. Government Code Section 66499.7.
The City Engineer has determined that the improvements have been constructed in substantial
compliance with the approved plans and specifications, and recommends acceptance of these
HB -115- Item 5. - 1
Dept. ID PW 16-064 Page 2 of 2
Meeting Date: 11/7/2016
improvements. The City of Huntington Beach has an easement to perform future maintenance of
all the associated water services.
Additionally, the sewer lift station, constructed and dedicated for public use with Tract Nos. 15460
and 17032, was accepted by the City Council on March 17, 2014. Upon said acceptance, the City
Council also accepted Guarantee and Warranty Bond No. K0896502A for guarantee and warranty
of the sewer lift station for a period of one year. Sufficient time has elapsed since the acceptance
of this public improvement and this bond is now eligible for release.
Public Works Commission Action:
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, Cal. Admin. Code, Title 14,
Chapter 3, Section 15268(b).
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Map
2. Faithful Performance and Labor and Material Bond Nos. K08842000 and K08842012
3. Guarantee and Warranty Bond No. K0896502A
4. Notice of Acceptance of Public Improvements, Tract No. 17032
5. Notice of Acceptance of Public Improvements, Tract No. 17033
Item 5. - 2 H B -1 16-
ATTACHMENT # 1
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Ka -117- Item 5. - 3
ATTACHMENT #2
BOND NO. K08842000
PREMIUM $200.00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Huntington Beach,State of California, and
SIGNAL LANDMARK a California Corporation
(hereinafter designated as"principal') have entered into an agreement whereby principal agrees to
install and complete designated public improvements,which said agreement, dated
20- and identified as project Tract 15460 and 17032 is hereby referred to and made a part
hereof;and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now,therefore,we,the principal and Westchester Fire Insurance Company
as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the
Ten Thousand and 001100
penal sum of dollars($ 10,000.00 )
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 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
I
Item 5. - 4 H B -118-
BOND NO. K06642000
PREMIUM included in Performance bond
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Huntington Beach,State of California, and
SIGNAL LANDMARK,a California Corporation
(hereinafter designated as"Principa{`)have entered into an agreement whereby principal agrees to
install and complete designated public improvements,which.said agreement,dated
20 , and identified as project Tract 154e0 and 17032 is hereby referred to and
made a part hereof; and
WHEREAS,under the terms of said agreement, principal is required before entering upon
the performance of the work,to file a good and sufficient payment bond with the City of Huntington
Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)
of Part 4 of Division 3 of Civil Code of the State of California.
Now, therefore,said Principal and the undersigned as corporate surety,are held firmly
bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen
and other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code in the sum of Five Thousand and NO/100ths dollars
($5,000,00 ),for materials furnished for labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or labor,that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees,incurred by"City" in
successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as
costs and to be included in the.judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null
and void,otherwise it shall be and remain in full force and effect.
I
J
H B -119- Item 5. - 5
BOND NO. K08842012
PREMIUM $320.00
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Council of the City of Huntington Beach, State of California, and
SIGNAL LANDMARK a California Corporation
(hereinafter designated as"principal')have entered into an agreement whereby principal agrees to
install and complete designated public improvements,which said agreement, dated
20 and identified as project Tract 17033-Phase 2 is hereby referred to and made a part
hereof; and
WHEREAS,said principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore,we,the principal and Westchester Fire Insurance Company
as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the
penal sum of Sixteen Thousand and NOl100ths dollars($ 16,000.00 }
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 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
I
Item 5. - 6 FIB -120-
BOND NO. K08842012
PREMIUM included in Performance bond
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Huntington Beach, State of California, and
SIGNAL LANDMARK,a California Corporation
(hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to
install and complete designated public improvements,which said agreement, dated
20 and identified as project Tract 17033-Phase 2 is hereby referred to and
made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering upon
the performance of the work,to file a good and sufficient payment bond with the City of Huntington
Beach to secure the claims to which reference.is made in Title 15(commencing with Section 3082)
of Part 4 of Division 3 of Civil Code of the State of California,
Now,therefore,said Principal and the undersigned as corporate surety, are held firmly
bound unto the City of Huntington Beach and all contractors, subcontractors, laborers,materialmen
and other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code in the sum of Eight Thousand and 001100 dollars
($ 8,000.00 ), for materials furnished for labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or labor,that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in
successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
1
KB _12 j_ Item 5. - 7
ATTACH MEN T
#3
Bond No. K0896502A
Premium: $844.00/annual
Maintenance Bond
KNOW ALL MEN BY THESE PRESENTS:
That SIGNAL LANDMARK, a California corporation as Principal, hereinafter
called Principal, and
Westchester Fire Insurance Company as Surety a Corporation organized and existing under the
laws of the State of California, and authorized to do business as a Surety in the State of California, as
Surety, are held firmly bound unto the City of Huntington Beach , as Obligee, in the amount of
Forty Two Thousand Two Hundred Five and 00/100 Dollars ($42,205.00) , good and lawful
money of the United States of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, administrators, executors, and assigns, jointly and severally, firmly by these
presents.
Signed and Sealed this 4th day of March, 2014
WHEREAS, Principal entered into a contract with the said Obligee dated for
Tract 15460 and 17032
WHEREAS, said contract provides that the Principal.will furnish a bond conditioned to guarantee for
the period of One Year after final acceptance, by the owner, against all defects in workmanship and
materials which may become apparent during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above
bounded Principal shall well and truly keep, do and perform, each and every, all and singular, the
matter and things provided in the one (1) year warranty and shall pay over, make good and reimburse
to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure
or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain
in full force and effect for a period of one (1) year from the date of final acceptance.
SIGNAL LANDMARK, a California corporation
i lk'��t�`��C
By:
By:
APPROVED AS TO FORM
JENNIFER MoGRATH,City Atta�y
Westchester Fire Insurance Company
By PmA D'Alea wdw Name of Surety Se)
Aesiotaftt City Attarnay i
By: �--
Erik Johansson,Attorney-in-Fact
Item 5. - 8 11 B -t 22-
ATTACHMENT #4
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
12.00
* $ R 0 0 0 8 8 3 7 2 S 8 $
Recording requested by, 2016000567235 9:31 am 11/09/16
and when recorded return to: 90 SC5 A04 F13 2
0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00
Robin Estanislau,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O. Box 190—2000 Main Street
Huntington Beach,Ca. 92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on fthc$-.X , 2016, the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach and such public improvements constructed consist of:
a. The domestic water system and appurtenances per the Improvement Plans for Tract No.
17032.
b. The sewer system and appurtenances per the Improvement Plans for Tract No. 17032.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council
Approval of the development's Cooperative Agreement (by and among the County of Orange,
The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency
Formation Commission) at the May 6, 2008 City Council Meeting Submitted for Recordation by
the Orange County Recorder. /�,,
Attest 027V bL-C. 2Z 2016
City Clerk and Ex-officio Cler of City Council of the City of Huntington Beach, California
By
This document is solely for the omciai CITY OF TINGTON BEACH
businew of the City of Huntington
Bevzh.ss contempkited under
Goveffmant Code Win..6103 and
by: Engt
APPROVED AS1r:
CMAEE E.GATE
C14CITY A1T&KNEY
OF HUKM G ON Well
Recording requested by,
and when recorded return to:
Robin Estanislau,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O. Box 190—2000 Main Street
Huntington Beach, Ca. 92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on 69TO&x.26 , 2016, the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach and such public improvements constructed consist of:
a. The domestic water system and appurtenances per the Improvement Plans for Tract No.
17032.
b. The sewer system and appurtenances per the Improvement Plans for Tract No. 17032.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council
Approval of the development's Cooperative Agreement (by and among the County of Orange,
The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency
Formation Commission) at the May 6, 2008 City Council Meeting Submitted for Recordation by
the Orange County Recorder.
Attest OC-7V bc-L 2Z, 2016
City Clerk and Ex-officio Cler of t4q City Council of the City of Huntington Beach, California
By
CIT70FTINGTON BEACH
by: Engl
APPROVED AS
B
ICHAEL E.GATE
CITY ATTORNEY
OF HUNTINGTON OEAQ4
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
State of California )
ss
County of Orange )
On October 20, 2016 before me, P. L. Esparza, Notary Public, personally appeared Thomas
Herbel who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. P. L. ESPARZA
Commission #2032750
Z Notary Pubiic -California Z
Orange County
My Comm.Expires Aug 4, 2017
(Notary Signa(ure)
ATTACHMENT #5
�
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
12.00
* $ R 0 0 0 8 8 3 r Z 8 9 $
Recording requested by, 2016000567261 9:36 am 11/09/16
and when recorded return to: 9 416 A04 F13 2
Robin Estanislau,City Clerk 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O. Box 190—2000 Main Street
Huntington Beach, Ca. 92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on jdrOASE 2?2016, the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach and such public improvements constructed consist of:
a. The domestic water system and appurtenances per the Improvement Plans for Tract No.
17033.
b. The sewer system and appurtenances per the Improvement Plans for Tract No. 17033.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council
Approval of the development's Cooperative Agreement (by and among the County of Orange,
The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency
Formation Commission) at the May 6, 2008 City Council Meeting Submitted for Recordation by
the Orange County Recorder.
Attest & &&A)4t.7f— 2016
City Clerk and Ex-officio Cler of City Council of the City of Huntington Beach, California
By
This doument isciai CITY OF HUNTINGTON BEACH
Of the City of Huntington
ets cantemplated under
Govfffwnt Code Sec.d beed o e�
tad by: C' y Engine
APPROVED AS
$ .
HAEL E.GATES
CITY ATTORNI!Y
OF HUNTINGTON BEACH
Recording requested by,
and when recorded return to:
Robin Estanislau, City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O. Box 190—2000 Main Street
Huntington Beach, Ca. 92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on OdMASIC aD 2016, the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance
Section 255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach and such public improvements constructed consist of:
a. The domestic water system and appurtenances per the Improvement Plans for Tract No.
17033.
b. The sewer system and appurtenances per the Improvement Plans for Tract No. 17033.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council
Approval of the development's Cooperative Agreement (by and among the County of Orange,
The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency
Formation Commission) at the May 6, 2008 City Council Meeting Submitted for Recordation by
the Orange County Recorder.
Attest c'�(,)`e,6&7(. 2016
City Clerk and Ex-officio Cler of City Council of the City of Huntington Beach, California
By
CITY OF HUNTINGTON BEACH
4 1�2
by: C'ty Engine
APPROVED AS
B
HAEL E.GATES
CITY ATTORNEY
C OR HUNTINGTON BEACH
City of Huntington Beach
`. 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
'ffB. � j9p9 P� ♦ Office of the City Clerk
Robin Estanislau, City Clerk
November 9, 2016
Signal Landmark
27285 Las Ramblas, Suite 230
Mission Viejo, CA 92691
Re: Approve the Release of Securities for Tract No. 17032 and 17033 and Accept the
Public Improvements (Brightwater Development)
Please be advised that on Monday, November 7, 2016 the City Council of the City of
Huntington Beach took the following action:
A) Accepted the public improvements constructed and dedicated for public use with Tract
Nos. 17032 and 17033 and instructed the City Clerk to record the "Notices of Acceptance
of Public Improvements" with the Orange County Recorder; and,
B) Approved the release the Faithful Performance Bond and Labor and Material Bond
Nos. K08842000 and K08842012, pursuant to the California Government Code Section
No. 66499.7(a); and,
C) Approved the release of Guarantee and Warranty Bond No. K0896502A, the
security furnished for guarantee and warranty of the sewer lift station of Tracts Nos.
15460 and 17032; and,
D) Instructed the City Clerk to notify Signal Landmark, of this action, and the City
Treasurer to notify Surety, Westchester Fire Insurance Company, of these actions.
Sincerely,
11
Robin Estanislau
City Clerk
Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
State of California )
ss
County of Orange )
On October 20, 2016 before me, P. L. Esparza, Notary Public, personally appeared Thomas
Herbel who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. P. L. ESPARZA
Commission # 2032750 z
a "dam Notary Public -California z
i Orange County D
My Comm.Expires Aug 4, 2017
(Notary Signat e)