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Home My WebLink AboutTRACT 16490, PLC BEL AIR LLC, - ACCEPTED PUBLIC IMPROVEMENT City of Huntin ton Beach • P O Box 711 CALIFORNIA 92648 * TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER November 9, 2006 CERTIFIED MAIL Arch Insurance Company 135 N. Los Robles Avenue#825 Pasadena, CA 91101 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 16,' 2006 approved the release of the following bond(s): Tract# 16490 Faithful Performance Bond No. SU5007037 Labor& Material Bond No. SU5007037 Monument Bond No. SU5007040 We are releasing the bonds and have enclosed the original bonds for your files. Also enclosed, is a copy of the City Council Action approving the release of the above- referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT, CFMA City Treasurer Enclosures cc PLC Bel Air, LLC 19 Corporate Plaza Drive Newport Beach, CA 92669 Robert F. Beardsley, Director of Public Works (no attachments) Joan Flynn, City Clerk (no attachments) l IT , 2006 OCT -4 All 1 • Q GiP,IL Council/Agency Meeting Held: 6 Q7 l,t'�;i o CH Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ci ler s Sig ure Council Meeting Date: 10/16/2006 Department ID Number: ' PW 06-068 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU CIL MEMBERS C —Z,��q SUBMITTED BY: PENKOPE CU�BRETH GRAF ITY INISTR TOR PREPARED BYROBERT F. BEARDSLEY, P , DIREC R O PUBLIC KS SUBJECT: Approve the Release of Securities for Tract No. 16490, the PLC Development east side of Gothard Street and South of Promenade Parkway, and Accept the Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: PLC Bel Air, LLC,,the developer of Tract No. 16490 (located at the east side of Gothard Street, south of Promenade Parkway), has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: No funds required for this action. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 16490; 2. Accept Guarantee and Warranty Bond No. SU5007037-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 3. Release the Faithful Performance/Labor and Material Bond No. SU5007037 pursuant to California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify the developer, PLC Bel Air, LLC, of this action and the City Treasurer to notify the surety, Arch Insurance Company, of this action; 5. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County.Recorder; and 6. Instruct the City Engineer to release Monument Bond No. SU5007040, upon receipt of the recorded Certificate of Correction for Tract Map 16490. Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/16/2006 DEPARTMENT ID NUMBER PW 06-068 Analysis On May 17, 2004, the City Council approved; Final Tract Map No. ,16490 and accepted bonds from PLC Bel Air, LLC, the securities furnished for Faithful Performance, Labor and Material and Monuments. The developer, PLC Bel Air, LLC, has completed the required public improvements, and is requesting acceptance of the work and release of the faithful performance and labor and material bonds, pursuant to California Government Code Section 66499.7(a). The Monument Bond will be held until future, necessary corrections are made on the tract map and a Certificate of Map Correction is recorded with the Orange County Recorder's office. Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the , approved plans and specifications, and recommends acceptance of the improvements. The developer, PLC Bel Air, LLC, has provided Guarantee and Warranty Bond No.,SU5007037-A as security for the one-.year warranty period. Following is a list of project data: Developer: PLC Bel Air, LLC, a Delaware limited liability company 19 Corporate Plaza Drive, Newport Beach, CA 92669 Engineer: Walden and Associates, 2552 White Road, Suite B, Irvine, CA 92614-0418 Location: East side of Gothard Street, south Promenade Parkway (Attachment 3) Zone: SP-9 (Holly-Seacliff Specific Plan = Residential Medium-Density) No. of Acres: 17.88 No. of Lots: 104 numbered and 16 lettered Environmental Status: The 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). Attachment is City Clerk's Page Number No. Description 1. Acceptance of Public Improvements form 2. Guarantee and Warranty Bond No. SU5007037-A 3`. Location Ma -2- 9/28/2006 5:16 PM BOND NO, SU5007037-A PREMIUM Included in cost of performance GUARANTEE AND WARRANTY BOND WHEREAS, PLC Bel Air, LLC a Principal,and Arch Insurance Company a corporation organized under the laws of the State of Missouri 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 Thirty Thousand Dollars ($130,000.00 ,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 joinfly and severally, WHEREAS,the said principal entered into a contract with said Obligee,dated for work described as follows: Tract No. 16490 Warranty Bond WHEREAS,said contract provides that the Principal will furnish a bond condifioned 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 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 April 14th, 200i PLC Bel Air, LLC as Principal , a. 1 W 4Xr'e ti v+ ecl tip 14t 11 N BY. yJ S tV , a *bet&")ave liLc j co,v- A �� 6otc +Mw�bC✓ By �r4 $y C�v:yin:�ker e. Ei:bias ;r t APPROVED AS TO FORM, /rjdN'IFER McGRATH,//City Att..,2y �1117�6 Arch ce C-ompany as Surety By gy Jan' Monroe, Attorney-in-Fact STATE OF CALIFORNIA } } SS COUNTY OF ORANGE ON R'9 b BEFORE ME. Roberta M.Kern A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED aisle AND Cihelelopher C. Gibbs PERSONALLY KNOWN TO ME >j TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TOTHE 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. WITNEr MY KAN SIGNATURE ( 1, MY PRNIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID S ATE IN 1 --` COUNTY Roberta M. Kern (NAME PRINTED) MY COMMISSION EXPIRE 7 �® STATE OF CALIFORNIA } OFFICIAL SEAL ) SS ROBERTA M.KERN COUNTY OF ORANGE j NOTARY PUBLIC-CALIFORNIA COMMISSION#1541931 ORANGE COUNTY My Commission Exp.Jan.7,2009 ---------------------- ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO (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 TI4E 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 16087 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange APR 1 4 2006 On before me, Paris shahabi t Notary Public (Jame and Title of officer(e:g.,'Jane Doe.Notary Public") personally appeared Janina Monroe Names)of Signer(s) personally known to me- 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 acknowledged to me that he/she/they executed the -- 10,6 same in his/her/their authorized capacity(tes), and that by Pants s~81 his/her/their signature(s)on the instrument the person(s), ~ Corivn%s1on 1572409 or the entity upon behalf of which the person(s) acted, Notary PUM-C00001110 owngeCry executed the instrument. WC*YmEvWAP24.200li WITNESS my hand a i Is 1. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capac"rty(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual . El Individual Corporate Officer ❑Corporate Officer El Title(s): ❑Title(s) p Partner O Limited ❑General ❑Partner O Limited ❑ General X Attorney-in-Fact ❑Attorney-in-Fact El Trustee El Trustee El Guardian or Conservator p Guardian or Conservator , Other: Top of thumb here ❑Other: Top of thumb here Signer is Representing: Signer Is Representing: 80-1133 9197 y POWER OF ATTORNEY Know All Men By These Presents: That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri;-having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Victoria M.Campbell,Thomas G. McCali and Janina Monroe of Irvine,CA(EACH) Christine Marotta of Chicago,IL its true and lawful Attomey(s)-in-Fact, to make,execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make. execute. seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,:tylEssain This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, t a'.--.—..pony has cruse:th :^strurnent to b=- signed and its corporate seal to be affixed by their authorized officers,this. 4th day of_April .2006 Arch Insurance Company Attested and Certified �$ one 0,3 see eaeeow�re 6 Martin J.Nilse z ecretary Edward M.Titus rce President STATE OF NEW YORK, SS' COUNTY OF NEW YORK SS I Peter J. Calieo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly:authorized signed, sealed with the corporate seal and delivered the said instrument as the free pAvoluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forthAJ. PETER J.CALLEo,ESQ. Notary Public,State of New York No.02CA61 o9338 th•alified in New York County Nota ut)lic Commission Expires May 3, 2008 expires 5-03-2008 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company,do hereby certify,that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company- IN TESTIMONY WHEREOF, 1 have hgnnainto eiihscribe�' r,:;name and affi the corpora se i of the Arch insurance AFC`�' ��b�6 Company on this day of_ 20. _ i Martin J. Nils , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated'. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 cg�8"ce c 0 CDUO"TF p S,u 01 OOML0013 00 03 03 ifissoad Page 2 of 2 Printed in U.S.A. ATTACHMENT # 1 Recording requested by, - and when recorded return to Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder Joan L.Flynn,City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllll FEE Office of the City Clerk tt 7 CITY OF HUNTINGTON BEACH 2O06000776790 02.02pm 11/16/06 P.O.Box 190—2000 Main Street 117 48 A04 1 Huntington Beach,Ca.92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (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 September 28, 2006, 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 for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 16490. Public improvements constructed consist of the domestic water system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at October 16,2006 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest October 25 , 20 06 L City Clerk and Ex-officio-Clerk of he City X;��eputy of Huntington Beach,California By CITY OF HUNTIN TON BEACH 4 by: City Engineer ---- This doonnent Is solely for the official Wslness of the City of Huntinom Beach,as contemplated under Govemrnent Code Sec.6103 and should bs recorded free of charge. ATTACHMENT #2 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to i :.. City Clerk's Office (Na b) _ >p aftersigning/dating 1t (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer f FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. c..�-144 ems' ..SL r � r Re: Tract No. clqo l CC No. MSC No. Approved Agenda Item No." ( ounc ppro 4aTDa e j City Clerk Vault No. #27 g:/followup/bondletter.doc ATTACHMENT #3 RAW ,aKr ,e+eo � Rem suw Maim OOK 4 Location Map RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 16490 and Accept the Public Improvements COUNCIL MEETING DATE: October 16, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution(w/exhibits & legislative draft if applicable) Attached El 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 ® ; EXPLANATION I IT_ C T REVIEWED RETURNED FORWARDED. Administrative Staff ( ) Deputy City Administrator (initial) City Administrator(Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: S. Bogart CITY OF HUNTINGTON BEACHFOE2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 25, 2006 PLC Bel Air, LLC 19 Corporate Plaza Drive Newport Beach, CA 92660-7904 Re: Release of the Faithful Performance Bond, Labor&Material Bond and Monument Bond for Tract No. 16490---[Acceptance of Public Improvements] Please be advised that on Monday, October 16, 2006 the City Council of the City of Huntington Beach took the following action: E-2. (City Council) Accepted Public Improvements and Approved the Release of Securities for Tract No. 16490, the PLC Bel Air LLC, Development Located at the East Side of Gothard Street, South of Promenade Parkway 1)Accepted the improvements constructed and dedicated for public use with Tract No. 16490; and 2)Accepted Guarantee and Warranty Bond No. SU5007037-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 3) Released the Faithful Performance/Labor and Material Bond No SU5007037 pursuant to California Government Code Section No. 66499.7(a); and 4) instructed the City Clerk to notify the developer, PLC Bel Air, LLC, of this action and the City ; Treasurer to notify the surety, Arch Insurance Company, of this action; and 5) instructed the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder; and 6); Instructed the City Engineer to release Monument Bond No. SU5007040, upon receipt of the recorded Certificate of Correction for Tract Map 16490. Submitted by the Director of Public Works. Funding Source: No funds required for this action. Sincerely, oan L. Flynn City Clerk JF: pe g:/followup/tract/acceptpublicimp-notice.doc procedure#22 (Telephone:71 4-536.5227 j