HomeMy WebLinkAboutParcel Map No. 95-186 - Boeing Realty Corp, formerly McDonne %TY OF HUNTINGTON BEAM A04
MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-14 ld0
i
Council/Agency Meeting Held:
Deferred/Continued to:
0 Appr ved ❑ Conditionally Approved ❑ Denied City Clerk's Sign ure
Council Meeting Date: April 5, 1999 Department ID Number: PW 99-14
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
s
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrates -.--,�
,,ma�yy
PREPARED BY: i40BERT F. BEARDSLEY, Director of Public Work
SUBJECT: APPROVE THE RELEASE OF AN IRREVOCABLE STANDBY, n
LETTER OF CREDIT FOR BOEING REALTY CORPORATION,
FORMERLY MCDONNELL DOUGLAS REALTY COMPANY AND
ACCEPT THE PUBLIC IMPROVEMENTS.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue : Boeing Realty Corporation, formerly McDonnell Douglas Realty
Company, the developer of Parcel Map No. 95-186, located on the north side of Bolsa
Avenue, west of Springdale Street, has completed all required public improvements and is
requesting a release pursuant to the provisions of the Subdivision Map Act.
Funding Source : Not applicable
Recommended Action : Motion to:
1. Accept the improvements constructed and dedicated for public use with Parcel Map
No. 95-186 and,
2. Release Irrevocable Standby Letter of Credit No. 3003915 pursuant to California
Government Code Section No. 66499.7(b); and,
3. Accept Maintenance Bond No. 8155-59-10; the security furnished for guarantee and
warranty of improvements, and instruct the City Clerk to file the bond with the City
Treasurer; and,
4. Instruct the City Clerk to notify the developer, Boeing Realty Corporation, formerly
McDonnell Douglas Realty Company of this action, and the City Treasurer to notify
the bank, Bank of America, of this action.
Boeing RCA -2- 03/23199 8:51 AM
rlChubb POP Federal Insurance Compano Attn.: Surety Department
O Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Patrick D. Dineen,
Heidi Bockus, Krista M. Stromberg, Kathleen Bloomquist, Thomas J. Jochums, Kenneth D. Houtz,
John C. Haskell, Jr. , Traci Erlewine, Daniel J. Ashburn and Jennifer Lynch of Seattle,
Washington----------------------------------------------------------------------------------
each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given
or executed in the course of business, and any instruments amending or aftering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have
each executed and attested these presents and affixed their corporate seals on Ap "1 8 ,1998
`
/is3� �`✓_tom-,�i�
meth C. enbel,Assistant Secrets rank .Robertson,Vic fes' ent
STATE OF NEW JERSEY l
j ss.
County of Somerset
On April 8 1998,before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of
FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power
of Attorney,and the said Kenneth C.Wendel being by me duly swom,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of
Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant
Secretary of said Companies by like authority;and that he is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that
the signature of Frank E. Robertson,subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by
authority of said By-Laws and in deponent's presence.
Notarial Seal SPB C THERESA B,CICHOWSKI
� Notary Public, State of fVsw Jerse�
n
C1TF.i�y';- No. 0014101
La52�1�'/ F
x� ''�L It Comr:llsslon Expires July 27, 2001 Notary Public
� P i���
Wrgsti CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"All 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 the
Chairman or the President or a Vice President or an Assistant Vice 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 following
officers: Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and
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 attached."
1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY
COMPANY(the"Companies")do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Comoaniies are duty licensed and authorized to transact surety business in all 50 of the United States of.America and the District of
Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin
Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and
(III) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 1st day of December 1998
SvPANC �w0awnr aSURAH�
W •O �'*� Y
t
Kenneth C.Wendel,Aisistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
15-10-0225(Ed.2.98) CONSENT
All-Purpose
Certificate of Acknowledgment
State of Washington
County of King
On DECEMBER 1, 1998 before me, KRISTA M. STROMBERG ,
DATE NAME OF NOTARY PUBLIC
personally appeared HEIDI BOCKUS
NAME(S)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
•����•�p N�. a+Ty and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
=y Wit n ss my hand and offic' I.
UL
�l SIGNATURE OF NOTARY PUBLIC
Though the data below is not required by law, it may prove valuable to persons relying on the4ocument and
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT(S)
❑ Individual(s) Type of Document
❑ Corporate Officer: SUBDIVISION MAINTENANCE BOND
Title(s)
❑ Partner(s) Number of Pages
® Attorney-in-Fact 1
❑ Trustee(s)
❑ Subscribing Witness Date of Document
❑ Guardian/Conservator DECEMBER 1, 1998
❑ Other:
Signer(s) Other Than Named Ab ve
�� �� CS TION
SIGNER IS REPRESENTING: VICE PRE ENT
NAME OF PERSON(S)OR ENTITY(IES)
FEDERAL INSURANCE COMPANY
Attachment Sheets to RCA's
s7
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk I Recorded in the County of Orange, California
Office of the City Clerk I Gary L. Granville, Clerk/Recorder
IIIIIIIIIIII IIIIIII IIIIIIIIIII I II IIIII IIIII III Iliilllll llll
CITY OF HUNTINGTON BEACH No Fee
P.O.Box 190—2000 Main Street 19990345384 04;30P�1 05/11/99
Huntington Beach,Ca.92648
005 15015856 15 13
A04 1 6.00 0.00 0.00 0.00 0.00 0.00
I
(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 January 25, 1999, 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 Parcel Map No. 95-186.
Public improvements constructed consist of streets including excavation,paving, curbs, gutters,
sidewalks,trees and landscaping; sewers, including construction of main lines and lot laterals
and structures; street lights; street signs; construction of domestic water systems including the
construction of water mains, lot laterals and the installation of meters.
CITY OF HUNTINGTON BEACH
Tax Exempt--0veenm6nt•A+g®ne91
CITY OF HUINTINGTO cBEACI-1 lOrk by: City Engineer
e Brockway.Pity-.
BY. APPROVED AS TO FORM:
poly City Clerk
City Attoney
' hIS-dOCUMNAt is solely for the 2
Offficial business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge,
p: Recorded in the County of Orange, California
p. Gary L. Granville, Clerk/Recorder
Recording requested by, o T I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II No Fee - .
and when recorded return to: � 19990.345384. 04.30PM 05/11/99
p
005 15015856 15- 13
Connie Brockway, City Clerk m01 A04 1 6.00 0.00 0.00 0.00 0.00
Office of the City Clerk ` 0.00
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street �p
Huntington Beach,Ca.92648 p
(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 January 25, 1999, 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 Parcel Map No. 95-186.
Public improvements constructed consist of streets including excavation,paving, curbs, gutters,
sidewalks,trees and landscaping; sewers, including construction of main lines and lot laterals
and structures; street lights; street signs;construction of domestic water systems including the .
construction of water mains, lot laterals and the'installation of meters.
CITY OF HUNTINGTON BEACH
Tax-Exempt-Government AgencY
CIT1f OF FIUNTINGTON BE40H rk by: City Engineer
e Brockway, tY
BY APPROVED AS TO FORM:
puty Cit)i Clerk
City Attorney
This docuMgAt i solely for the 2 -Z —/
official business of the city
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
• i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
April 14, 1999
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find "Acceptance of Public Improvements" for Parcel Map No. 95-186 to
be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000
Mein Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Acceptance when recorded and return to this
office in the enclosed self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
g:\followup\deeditr: Parcel Map No. 95-186— Boeing Realty Corporation (formerly
McDonnell Douglas Realty Company)
GAfollowup\deedltr:Parcel Map 95-186—Boeing Realty
(Telephone:714-536-5227)
*QUEST FOR COUNCIL ACTIN
MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-14
5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"
(attached) with the Orange County Recorder.
Alternative Action(s) : Deny the recommended action.
Analysis : On February 6, 1997, the Zoning Administrator approved Parcel Map No. 95-186
with the condition that a $4,489,000 letter of credit be posted to insure that the required
public improvements be constructed. The developer has completed all required public
improvements, and is requesting acceptance of the work and release of the Irrevocable
Standby Letter of Credit, pursuant to California Government Code Section 66499.79(a).
Public improvements constructed consist of streets including excavation, paving, curbs,
gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and
lot laterals and structures; street lights; street signs; construction of domestic water systems
including the construction of water mains, lot laterals and the installation of meters.
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. California 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 improvements. The developer has provided Maintenance Bond No.
8155-59-10 as security.
Following is a list of project data:
Subdivider: Boeing Realty Corporation, formerly McDonnell Douglas Realty Company,
4060 Lakewood Blvd., 6th Floor, Long Beach, CA. 90808-1700
Engineer: Southwest Civil Engineering, 15 Corporate Park, Irvine, CA. 92714
Zone: M1-A
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).
Attachment(s):
City Clerk's
Page Number No. Description
1. Location Map
2 Maintenance Bond No. 8155-59-10
3 Acceptance of Public Improvements Form
RCA Author: Bruce Crosby
\ Boeing RCA -3- 03/23/99 8:51 AM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: RUQl')')a /IQ,l7Vaei,�jqrXZ72)A1"" ATTENTION:
Najne
D to D f3Rlid. to ��cr�Y DEPARTMENT:
Strrf et ��
.0 OY7G Z"� 90�'U�/70OREGARDING: /YobPe ar kee��leg O�
City,State.Zip
See Attached Action Agenda Item
Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
/ RCA Deed Other
Name Dep ent RCA Agreement Insurance Other
Dewment RCA Agreement Insurance Other
� g�oly05
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name-Company Name-Date
G:Followup/coverltr
(Telephone: 714-536-5227
Attachment Sheets to RCA's
• •
PLANNING
�z
SECTIONAL DISTRICT MAP 9 -5- 1 1 "°
CITY OF LEGEND: ,
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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Attachment Sheets to RCA's
i •
I have received Maintenance Bond No. 8155-59-10— Federal Insurance Company.
Re: Boeing Realty Co., formerly McDonnell Douglas Realty company—Acceptance of
Public Improvements Parcel Map 95-186— E-8 4/5/99 City Council Meeting
Dated:
By:
Bond No. 8155-59-10
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS, That we, BOEING REALTY CORPORATION, as.Principal,
and FEDERAL INSURANCE COMPANY , a corporation organized under the laws of the State of
Indiana and duly authorized to do business in the State of California, as Surety, are held and firmly
bound unto CITY OF HUNTINGTON BEACH, as Obligee, in the penal sum of THREE HUNDRED .
TWELVE THOUSAND EIGHT HUNDRED EIGHTY SEVEN DOLLARS AND NO/100s Dollars
($312,887.00**), to which payment well and truly to be made, we do bind ourselves, our and each of our
heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the said Principal has entered into an agreement for:
Improvements to property described in Parcel Map 95-186,Recorded at Book 296,Page 3
& 4 of Orange County, California
WHEREAS, said work has been completed, and was approved on 1 day of
i7ye *86Z , 199 8 .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal
shall guarantee that the work will be free of any defective materials or workmanship which become
apparent during the period of one (1)year following completion of the work then this obligation shall be
void, otherwise to remain in full force and effect, provided however, any additional warranty or
guarantee whether expressed or implied is extended by the Principal or manufacturer only, and the
Surety assumes no liability for such a guarantee.
Sealed with our seals, and dated this 1st day of December, 1998.
17
AT CO S
FEDERAL INSURANCE COMPANY
! - &4u,4 —
Heidi Bockus, Attorney-in-Fact
PHILIP W UIN
VICE PRESIDENt
Boeing File#5551OEOU-98 0 /�
Q:\FINSERV\THERESA\BONDS%NLkINTENA\MAINTCA.SA\f - //�/
State of California
County of Los Angeles
On January 8, 1999 before me, Linda D. Brayton,Notary Public, personally appeared Philip W.
Cyburt,Vice President, Boeing Realty Corporation, personally known to me 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.
WITNESS my hand and official seal.
UNDA D.BRAYMN
CommAnion 01107180
Notary PJAc—CaYfomlo
Los Angeles County
OMy Comm.Eames Jul 31.2M
Title of Document: Maintenance Bond No. 8155-59-10 -Federal Insurance Company for City
of Huntington Beach, dated 1 st day of December, 1998.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of an Irrevocable Standby Letter of
Credit for Boeing Realty Corporation, formerly McDonnell
Douglas Realty Company and Accept the Public
Improvements
COUNCIL MEETING DATE: April 5, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Attached
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
`EXPLANATION FOR MISSING ATTACHMENTSs
REVIEWED .RETURNED FORWAED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM
Only)(Below Space For City Clerk's Use
RCA Author: Bruce Crosby
MEMORANDUM OF SUBDIVISION AGREEMENT
Recorded in the County of Orange, California
Recording Requested By and Gary L. Granville, Clerk/Recorder
When Recorded Return To: 1111111111111111111111111 II111 Jill Jill No Fee
City of Huntington Beach 19970234527 3;25pm 05/20/97
005 28001767 28 24
2000 Main Street M10 7 7.00 18.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
Attention: City Clerk
(Space Above this Line for Recorder's Use) /
l
MEMORANDUM OF SUBDIVISION AGREEMENT
(a) Parties. This Memorandum of Subdivision Agreement("Memorandum"), dated
for identification purposes as of M a r c k oZ l , 1997, is entered into by and between
the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California
("City") and McDONNELL DOUGLAS REALTY COMPANY, a California corporation
("Subdivider").
(b) Subdivision Agreement. City and Subdivider have executed a Subdivision
Agreement dated for identification purposes as of M a^r C JX 1 I , 1997, covering
that certain real property located in the City of Huntington Beach, County of Orange, State of
California, more fully described in Exhibit"A" attached hereto and incorporated herein by this
reference. All of the terms, conditions,provisions and covenants of the Agreement are
incorporated in this Memorandum by reference as though written out at length herein, and the
Agreement and this Memorandum shall be deemed to constitute a single instrument or document.
(c) Purpose of Memorandum. This Memorandum is prepared for recordation
purposes only, and in no way modifies the terms, conditions,provisions and covenants of the
Agreement. In the event of any inconsistency between the terms, conditions,provisions and
covenants of this Memorandum and the Agreement,the terms, conditions,provisions and
covenants of the Agreement shall prevail.
This document is solely for the
official bu:.i.ness of the City",
of Hu-: inl-ton _"3:'ch, as contemn
plated .,,_..per i o%,or-ae.nt Code
Sec. 6103 and should be recorded
free of charge. \
1 Tax-Exempt-Government Agency
Sr/s:G:SF-Douglas:Memsubag 'CITY OF HUNTINGTON BEACH
02/21/97 -
3/13/97-#1
Sy- -- --- • ......
• eputy'City Clerk
r
IN WITNESS WHEREOF,the parties hereto have executed this agreement the
day and year first above written
McDONNELL DOUGLAS REALTY CITY OF HUNTINGTON BEACH,
COMPANY, a California corporation a municipal corporation of the
State of California
By:
City Engineer
omas 0. Mothe
(pri name)
Its: (circle one)W tcPresidentXXXA1MWWXX ATTEST:
J v
By: City Clerk ay 97
P hi i p W. Zu r t APPROVED AS TO FORM:
(print name)
Its: (circle ones WXX*)RI14oM»014OW M OL"
>ic �x9� cx9e; c�1x Vice President - City Attorney
Corporate Realty Services
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Administrator Director of P lic orks
2
SF/s:G:S F-Dou gl as:Memsubag
02/21/97
3/13/97-#1
EXHIBIT"A"
LEGAL DESCRIPTION
Final Parcel Map No. 95-186, Recorded at Book
Page3 & 4 of 97-128656 of Orange County.
SF/s:G:SF-Douglas:Memsubag
I
State of California
County of Los Angeles
On March 21, 1997 before me, Dely De Leon,Notary Public, personally appeared Thomas J.
Motherway, personally known to me 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.
WITNESS my hand and official seal.
oav oe woiv4-6WZOZ
ConrdWm#11(9174
Notary pile—CaUomb
Los Ang" Cou*
My C m BOes JU 31,200D
Title of Document: Memorandum of Subdivision Agreement
i
State of.California
County of Los Angeles
On March 21, 1997 before me, Dely De Leon,Notary Public, personally appeared Philip W.
Cyburt, personally known to me 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.
WITNESS my hand and official seal.
i��oa
Comrrdes m•1107178
nlolcry wwo—coirornlo
lox Angeles County
My Comm 6cpim Ad 31.MW
Title of Document: Memorandum of Subdivision Agreement
CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT
)
State of Col iforni'a
County of Orange
On March 21, 1997 before me, Sheila A. Rogers, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Robert E. Eichblatt
Name(s)of Signer(s)
X personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person*
whose name(i is/fro subscribed to the within instrument
and acknowledged to me that he/sfi kRy executed the
same in his/�&f(ft�Authorized capacity,and that by
SHEILA A ROGERS
his/her/their signature(W on the instrument the person(*),
ConTnkdon#1082450 or the entity upon behalf of which the personM acted,
WON Pubnc—CdlWft executed the instrument.
orimp Count1►
11 my commWesion7 WITNESS my hand and official seal.
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: Memorandum of Subdivision Agreement
Document Date: March 21, 1997 Number of Pages: two (2)
Signer(s) Other Than Named Above: Thomas J. Motherway, Phi 1 i p W. Cyburt, Les M. Jones I
MTchael I , U5eruaga, Scott Field, Connie Broc wav
Capacity(ies) Claimed by Signer(s)
Signer's Name: Robert E. Eichblatt Signer's Name:
❑ Individual ❑ Individual
X Corporate Officer ❑ Corporate Officer
Title(s): City Engineer Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator --
❑ Other: Top of thumb here ❑ Other: Top of thumb here
J
Signer Is Representing: Signer Is Representing:
l
01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 v Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
State of
County of
On ?J! c,f? .2.'f, 1997 before me,
Date Name ana0fitle of Officer(e.g.,"ane Doe,Notary P is")
personally appeared
Name(s)of Signer(s)
915ersonally known to me—efl— to be the personM
whose nameH isA"a subscribed to the within instrument
and acknowledged to me that+m0she executed the
MAYBRICE L.JOHNSON same in-his4her><t4&authorized capacity4ee), and that by i
a ,•= COMM.#991635 *iWherA#4eE�signature{-)on the instrument the person(s), !
z = Notary public—Cafifomia . or the entity upon behalf of which the person(# acted,
ORANGE COUNTY )
My Comm.Expires MAY 11.1997 executed the instrument.
WITNESS my hand and official seal.
Signa re 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:*-11197 Number of Pages:
Signer(s) Other Than Named Above:_)70641aw 444V4.� m+s�
Capacity(ies) Claimed by Signer(s)
Signer's Name: 19 c Signer's Name:
❑ Individual ❑ Individual
El Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ guardian qr Conservator H N ❑ Guardian or Conservator `-
`7 Other: Top of thumb here ] Other; Top of thumb here
dr
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIUREDEVELOPINIENT AGENCY APPROVED ITEM
DATE: �� 9
c
TO TTENTION:
N e //
DEPARTMENT: —
t
REGARDING:
te,Zip
See Attached Action Agenda Item Date of Approval !
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other 112�G��C
Remarks:
CC:
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Department Insurance Copy
C:Follouvp agrmts transltr
(Telephone: 714-536.5227)
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
McDONNELL DOUGLAS REALTY COMPANY
FOR PARCEL MAP NO. 95-186
TABLE OF CONTENTS
Section l? g�
1 Work and Improvements 2
2 Arterial Highway Improvement 2
3 Start and Completion of Work. 2
4 Plant Establishment,Work 3
5 Improvement Plan Warranty 3
6 No Waiver by City 3
7 Costs 4
8 Surveys 4
9 Non-Performance and Costs 4
10 Record Map 5
11 Failure of Timely Completion 5
12 Guarantee . 5
13 Indemnification, Defense, Hold Harmless 5
14 Workers' Compensation Insurance 6
15 Insurance 6
16 Certificates of Insurance; Additional Insured Endorsements 7
17 Use of Streets and Improvements Prior to Completion , 8
18 Attorney's Fees 8
19 Faithful Performance and Security 8
20 Memorandum of Agreement . 10
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
McDONNELL DOUGLAS REALTY COMPANY
FOR PARCEL MAP NO. 95-186
THIS AGREEMENT is entered into this H4day of //I dPC , 1997, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and McDONNELL DOUGLAS REALTY
COMPANY, a California corporation hereinafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a parcel of land in CITY, which it is seeking
to subdivide into parcels and to dedicate certain streets, alleys, and other improvements therein to
public use, and is about to file with CITY a map of the parcel of land known as Parcel Map
No. 95-186. A copy of the conditions of approval for Parcel Map No. 95-186 is attached as
Attachment No. 1 and made a part herein by this reference; and
As a condition of the approval of the recordation of said parcel map, SUBDIVIDER is
required to dedicate and improve the streets and alleys, and to perform certain other
improvements in said subdivision; and
SUBDIVIDER desires to enter into an agreement with CITY to delay performance of
certain of the work; to agree to perform said work as herein provided; and to execute and deliver
to CITY a letter of credit for the faithful performance of said agreement, for the payment of all
labor and material in connection therewith, and for the guarantee and warranty of the work for a
period of one (1) year following completion and acceptance thereof against any defect in work or
labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the
Government Code of the State of California, and Section 255.16E of CITY'S Zoning and
Subdivision Ordinance.
NOW, THEREFORE, in consideration of the promises and agreements of the parties as
herein set forth, the parties agree as follows:
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SF:PCD:Agree:McDSubdv
3/11/97-#11
1. WORK AND IMPROVEMENTS
SUBDIVIDER does hereby agree to do and perform the following work within
said Parcel Map No. 95-186: - all conditions of the Parcel Map not completed at the time of the
recordation thereof to include, but not limited to, the construction of streets, including
excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including
construction of main lines and lot laterals and structures; street lights; street signs; construction
of domestic water systems including the construction of water mains, lot laterals and installation
of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S
codes. All of said work shall be done and performed in accordance with plans, specifications and
profiles which have been approved by the City Engineer and filed in the office of the City
Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway improvements and
landscaping required by conditions of the Parcel Map, prior to release or connection of utilities
for occupancy for any parcel within Parcel Map No. 95-186.
3. START AND COMPLETION OF WORK
Construction of all improvements shall begin within ninety (90) days of approval
of the plans, specification and profiles by the City Engineer or within ninety (90) days of
execution of this Agreement, whichever occurs last. The acceptance of the dedication of said
streets, alleys and other improvements, and said work shall be completed on or before
September 1, 1998, and all labor and material bills therefor shall have been paid by
SUBDIVIDER, unless an earlier date is specified by the conditions of approval of the Parcel
2
SF:PCD:Agree:McDSubdv
3/11/97-#I1
I
I
Map No. 95-186. No certificates of occupancy shall be issued for any building located on
parcels created by the Parcel Map until all improvements are completed.
4. PLANT ESTABLISHMENT WORK.
SUBDIVIDER agrees to perform plant establishment work for landscaping
installed under this Agreement. Said plant establishment work shall consist of adequately
watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other
work determined by the Public Works Department to be necessary to insure establishment of
plants.
Said plant establishment work shall be performed for a period of one (1) year
from and after the CITY accepts the work as complete.
5. IMPROVEMENT PLAN WARRANTY.
SUBDIVIDER warrants the improvement plans for the work are adequate to
accomplish the work as promised in Sections 1 and 2 and as required by the Conditions of
Approval for Parcel Map No. 95-186. If, at any time before the CITY accepts the work as
complete or during the one year guarantee period, said improvement plans prove to be inadequate
in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the
work as promised.
6. NO WAIVER BY CITY.
Inspection of the work and/or materials, or approval of work and/or materials or
statement by any officer, agent or employees of the CITY indicating the work or any part thereof
complies with the requirements of this Agreement, or acceptance of the whole or any part of said
work and/or materials, or payments therefor, or any combination or all of these acts, shall not
relieve the SUBDIVIDER of his obligation to fulfill this Agreement as prescribed; nor shall the
3
SF:PCD:Agree:McDSubdv
3/11/97-#11
CITY thereby be stopped from bringing any action for damages arising from the failure to
comply with any of the terms and conditions hereof.
7. COSTS.
SUBDIVIDER shall pay when due, all the costs of the work and improvements,
including inspection thereof and relocating existing utilities required thereby.
8. SURVEYS.
SUBDIVIDER shall set and establish survey monuments in accordance with the
filed map and to the satisfaction of the CITY.
9. NON-PERFORMANCE AND COSTS.
If SUBDIVIDER fails to complete the work within the time specified in this
Agreement, and subsequent extensions, or fails to maintain the work,the CITY may proceed to
complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all
costs and charges incurred by the CITY(including, but not limited to: Engineering, inspection,
surveys, contract, overhead, etc.) immediately upon demand.
SUBDIVIDER hereby consents to entry on the subdivision property by the CITY
and its forces, including contractors, in the event the CITY proceeds to complete and/or maintain
the work.
Once action is taken by CITY to complete or maintain the work, SUBDIVIDER
agrees to pay all costs incurred by the CITY, even if SUBDIVIDER subsequently completes the
work.
Should CITY sue to compel performance under this Agreement or to recover costs
incurred by completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees,
4
SF:PCD:Agree:McDSubdv
3/11/97-#l 1
and all other expenses of litigation incurred by CITY in connection therewith, even if
SUBDIVIDER subsequently proceeds to complete the work.
10. RECORD MAP.
In consideration hereof, CITY shall allow SUBDIVIDER to file and record the
Parcel Map for said Subdivision.
11. FAILURE OF TIMELY COMPLETION
If SUBDIVIDER fails to complete the public improvements within the above time
period, CITY may complete the work and recover all expenses of the work from SUBDIVIDER
or SUBDIVIDER'S guarantor as required under Paragraph 19 of this Agreement. CITY may
require SUBDIVIDER or SUBDIVIDER'S guarantor to pay CITY in advance, sufficient monies.
to cover CITY'S costs in completing the construction of the improvements.
12. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligation as stated herein for a period of one(1)year following the date of City Council
acceptance of same.
13. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S
employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the
obligations or operations herein undertaken by SUBDIVIDER, including those arising from the
passive concurrent negligence of CITY, but save and except those which arise out of the active
concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER
5
SF:PCD:Agree:McDSubdv
3/11/97-#t 1
will conduct all defense at its sole cost and expense. CITY shall be reimbursed by
SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation.
14. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges
awareness of§ 3700 et seq. of said code, which requires every employer to be insured against
liability for workers' compensation; SUBDIVIDER convenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease,each employee,
Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit.
15. INSURANCE
SUBDIVIDER shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury,property
damage,products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non-owned vehicles. Said insurance policies shall name the CITY and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional Insureds.
SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the
life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined
6
SF:PCD:Agree:McDSubdv
3/11/97-#11
single limit coverage. If coverage is provided under a form which includes a designated
aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event
of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of
aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against
CITY and agrees to provide certificates evidencing the same.
16. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, SUBDIVIDER shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by Sections 14 and 15 herein; said certificates shall
provide the name and policy number of each carrier and policy, and shall state that the policy is
currently in force and shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the
foregoing insurance coverages in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by SUBDIVIDER under Section 13 of this
Agreement. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
A separate copy of the additional insured endorsement to each of SUBDIVIDER'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
7
S F:PCD:Agree:McD S ubdv
3/11/97-411
17. USE OF STREETS AND IMPROVEMENTS PRIOR TO COMPLETION.
The use of the streets and improvements covered by this Agreement shall be at
SUBDIVIDER'S sole risk at all times prior to the final acceptance by CITY of the completed
streets and improvements; provided, however, that acceptance by CITY shall in no way eliminate
or lessen any of SUBDIVIDER'S obligations or undertakings contained in this Agreement. The
issuance of any occupancy permits by CITY for buildings located within the subdivision shall
not be construed in any manner to constitute an acceptance and approval of any or all of the
streets and improvements in the subdivision.
18. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or in any bond given to secure the performance hereof, each party shall bear its
own attorney fees and costs.
19. FAITHFUL PERFORMANCE AND SECURITY
In accordance with Section 255.16 of the City Subdivision Ordinance, upon
execution hereof SUBDIVIDER shall deposit with the City Treasurer a letter of credit in the sum
of Three Million, One Hundred Twenty-eight Thousand Eight Hundred Sixty-five Dollars
($3,128,865.00), which security is given to CITY to insure faithful performance of this
Agreement and of all of the conditions of the Parcel Map. Upon written acceptance by the City
Council of all work and improvements under this Agreement as complete, Two Million, Eight
Hundred Fifteen Thousand,Nine Hundred Seventy-eight Dollars ($2,815,978.00) of the funds or
such other lesser amount accepted by the City Council shall be released and the remaining Three
Hundred Twelve Thousand, Eight Hundred Eight-seven Dollars ($312,887.00) shall be held as
8
SF:PCD:Agree:McDSubdv
3/11/97-#11
security until the improvements successfully pass the guarantee and maintenance period(s)
specified in this Agreement. When all of the guarantee and maintenance requirements have been
satisfied,this remaining sum shall be released upon written acceptance by the City Council of the
completion of these requirements. Prior to said acceptance, upon written demand by the City,the
whole or any portion of said residual sum shall be paid forthwith to the City for use toward
satisfaction of these requirements.
Further, SUBDIVIDER shall deposit with the City Treasurer a letter of credit in the sum
of One Million, Three Hundred Sixty Thousand, One Hundred Thirty-five Dollars
($1,360,135.00)to guaranty payment to any contractor, his subcontractors, and to any and all
persons, companies or corporations furnishing labor or materials or services; or renting
equipment to the SUBDIVIDER or his contractors or their subcontractors for the construction
and installation of works and improvements in accordance with this Agreement; and for amounts
due under the Unemployment Insurance Act with respect to such work or labor. After passage
of the time within which claims of lien are required to be recorded pursuant to Article 3
(commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil
Code and after written acceptance by the City of Huntington Beach that all work and
"improvements under this Agreement are complete, this sum may be reduced to an amount not
less than the total claimed by all claimants for whom claims of lien have been recorded and
notice thereof given in writing to the City Council of the City of Huntington Beach, and if no
such claims have been recorded, the sum may be released in full.
It is hereby agreed that the City may draw down upon the letter of credit in the amount of
any labor and materials claims filed by any and all persons, companies, and corporations entitled
9
SF:PCD:Agree:McDSubdv
3/11/97-#11
to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code, and interplead said amount with the Superior Court of Orange County, so as to give a right
of action to them or their assigns in any suit brought upon said claims. Further,the filing of any
such claim with the City shall constitute a default for purposes of the letter of credit.
The Letter of Credit shall be approved by the City Attorney prior to their acceptance by
CITY.
20. MEMORANDUM OF AGREEMENT
The parties hereto shall execute and cause a Memorandum of Agreement attached
hereto as Attachment No. 2 and incorporated herein to be recorded in the official records of
Orange County, California within thirty (30) days after the Effective Date of this Agreement.
Promptly after the completion of all of the work and improvements to be completed pursuant to
this Agreement(as determined by the City Engineer of the CITY), upon the written request of
the SUBDIVIDER, the City Engineer shall furnish the SUBDIVIDER with a Certificate of
Completion for the Subdivision. Such Certificate of Completion shall be a conclusive
determination of satisfactory completion of the work and improvements required by this
Agreement and the Certificate of Completion shall so state. The Certificate of Completion shall
be in such form as to permit it to be recorded in the Recorder's Office for the County of Orange.
10
SF:PCD:Agree:McDS ubdv
3/11/97-#I 1
IN WITNESS WHEREOF,the parties hereto have executed this agreement the
day and year first above written
McDONNELL DOUGLAS REALTY CITY OF HUNTINGTON BEACH,
COMPANY, a California corporation a municipal corporation of the
State of California
By. LA
City ngineer
T. -h-erwa;y-
(print name)
Its: (circle one)($JyQkVxjodPresidenVYjMTXXbdXXX ATTEST:
By: City Clerk
Phi�i/p W. yburt APPROVED AS TO FORM:
(print name)
Its: >�odxkx�o>a�dexoet+ didaX�oa�Xca�c/x ��--� 4- —J �Z g�
AwkA=gtxx-Wxgwxwx Vice President City Attorney
Corporate Realty Services
REVIEWED AND APPROVED: INITIATE APPROVED:
City Administrator Director"UV
Works
'evG
11
SF:PCD:Agree:McDSubdv
3/11/97-#11
LA� CITY OF HUNTINGTON BEACH o� C
LO" INTER-DEPARTMENT COMMUNICATION M oFPoe/ 0 VF Q
HUNTINGTON BEACH �� n 7 Rks
Q 99�
yUNT�NG'%-8 aF
f ACy �ql/F
TO: Bruce Crosby, Civil Engineer Assistant, Public Works Department
FROM: Connie Brockway, City Clerk
RE: MEMORANDUM OF SUBDIVISION AGREEMENT
DATE May 7, 1997
Your Memorandum of Subdivision Agreement for Final Parcel Map No. 95-186
dated March 21, 1997 between the city and McDonnell Douglas Realty Company
was returned by the Orange County Clerk-Recorder because all parties whose
interest is affected must be named and identified, see copy of the letter from the
Clerk-Recorder enclosed.
Please return the document to my office when it is ready to be recorded.
T L � 'F7
G:cbmemos/97-006mh
I _
:a
TO: Linda Rojas
Deputy Recorder
FROM: Bruce P. Crosby
Civil Engineer Assistant, City of Huntington Beach
SUBJECT: Memorandum of Subdivision Agreement (Parcel Map No. 95-186)
DATE: May 9, 1997
I called your office regarding the recordation of subject document and explained that"item 13"
had been addressed. All parties who signed the document are named and identified pursuant
to Government Code Sections 27288.1 and 27201 (Thomas J. Motherway, President and
Philip W. Cyburt, Vice President). Your office instructed me to re-submit for recordation.
i
RECEIVED
OTY CLERK
i. CITY OF' HUNTINGTQdigc7`$�GB :fA�iC�I
INTERDEPARTMENTAL COM t2NJk-4,k 'S 37N
TO: Connie Brockway
City Clerk
FROM: Bruce P. Crosby
Civil Engineer Assistant
SUBJECT: Memorandum of Subdivision Agreement (Parcel Map No. 95-186)
DATE: May 9, 1997
I called the County Clerk-Recorder regarding subject document and explained that"Item 13"
had been addressed. They said to re-submit the document for recordation along with a note
(attached).
25428
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
>. TO: Bruce Crosby, Civil Engineer Assistant, Public Works Department
z- FROM: Connie Brockway, City Clerk
RE: MEMORANDUM OF SUBDIVISION AGREEMENT
DATE May 7, 1997
Your Memorandum of Subdivision Agreement for Final Parcel Map No. 95-186
dated March 21, 1997 between the city and McDonnell Douglas Realty Company
F` "y was returned by the Orange County Clerk-Recorder because all parties whose
interest is affected must be named and identified, see copy of the letter from the
w;. Clerk-Recorder enclosed.
Please.return the document to my office when it is ready to be recorded.
G:cbmemos/97-006mh
RETUf;N ADDRESS: DAT'O MAY 0 2 1997
64L4 a E4uvi
Regretfully your unrecorded Q naming
together with your remittance of$ , Ck. No.
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No
consideration," document must so state.
(5) The city where the property is located or"unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A
"General Acknowledgment"form is required. (See enclosed sample.)
(8) The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury"
statement will increase the fee by-$
(9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the enclosed certification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by.$
(10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11) Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
\/ judgment debtor(s) and the address at which the summons was served or mailed.
(13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your'check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION
GARY L. GRANVILLE, COUNTY CLERK-RECORDER Please return to:
' Clerk-Recorder
BYLI)n(IL P.O. Box 238
Deputy Recorder Santa Ana, CA 92702-0238
W F0662-105(R10/96) (714) 834-2887
RECEIVED
OTY CLERK
FJ r►t CITY OF H U N T I N G T 0 NNTiHiTr��
}Iti � , r'HHALIF.
INTERDEPARTMENTAL COMMA"1 5CIAVI I$
TO: Connie Brockway
City Clerk
FROM: Bruce P. Crosby
Civil Engineer Assistant
SUBJECT: Memorandum of Subdivision Agreement and Subdivision Agreement (Parcel Map
No. 95-186)
DATE: April 15, 1997
Per your instructions, I had the City Engineer's signature notarized on the Memorandum of
Subdivision Agreement for recordation.
After both documents are signed, please process the Memorandum of Subdivision Agreement
to the County Recorder for recordation and file the Subdivision Agreement with the City
Treasurer.
Please send me a copy of the recorded document.
24860.02
eZ
7� 1�
�a1077 .�
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
RECEIVED
DEPT. OF PUBLIC WORKS
TO: Connie Brockway
City Clerk APR 141997
FROM: Bruce P. Crosby CITY OF
Civil Engineer Assistant H.UNTINGTON BEACH, jZ41F.
SUBJECT: Memorandum of Subdivision Agreement and Subdivision Agreement (Parcel Map
No. 95-186)
DATE: April 10, 1997
Scott Field, Deputy City Attorney, has advised me that per Section 253.16 and 253.18 of the
Huntington Beach Municipal Ordinance, a Parcel Map Agreement may be approved by the City
Engineer and does not require City Council approval as does a Final Map. Based on this,
would you and the City Administrator please sign both the Memorandum of Subdivision
Agreement and Subdivision Agreement.
After both documents are signed, please, per Section 253.22 of the Huntington Beach
Municipal Ordinance, submit the Memorandum of Subdivision Agreement to the County
Recorder for recordation and file the Subdivision Agreement with the City Treasurer.
cc: Scott Field
24860
717,ar,45 -Xckck
° I
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i. CITY OF Hl.JN TINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
I
April 28 , 1997
Gary L. Granville, County Clerk-Recorder
P. 0. Box 238
Santa Ana, California 92702
Enclosed please find Memorandum of Subdivision Agreement to be recorded and
returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main
Street, Huntington Beach, California 92648.
Please conform the enclosed copy of the deed and return to this office in the
enclosed self-addressed stamped envelope.
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Connie Brocktivay, CMC
City Clerk
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Enclosure: Memorandum of Subdivision Agreement-McDonnell Douglas
Corporation
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(Telephone: 714-536-5227)
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�. CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM
DATE: �O ✓99
TO: C TTENTION: Gk%
N4me 1
DEPARTMENT:
S et
REGARDII\rG:
ity,Vte,Zip
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
Remarks:
CC: �/ ✓
Name Department RCA A_reement Insurance Other
Name Department RCA ALreement Insurance Other
Name Department RCA Acreement Insurance Other
Risk Management Department Insurance Copy
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(Telephone: 714.536.5227)
LJJj CITY OF HUNTINGTON BEACH
. 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 14, 1997
Chicago Title Company
16969 Von Karman
Irvine, California 92606
Attn: Cona Bellefuille
Re: Parcel Map No. 95-186 -Order No. 6000060-13
The City Engineer of the City of Huntington Beach approved Parcel Map No. 95-186 and
authorized the release of said map for processing by the County.
After recording, please return a print of the Parcel Map to Bruce Crosby, Department of Public
Works, P. 0. Box 190,Huntington Beach, California 92648.
Connie Brockway, CMC
City Clerk
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Enclosure
Received by:
Date:
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(Telephone:714-536-522 1
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AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Maybrice Henry
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineer Assistant
DATE: March 13, 1997
PARCEL MAP NO.: 95-186
TITLE CO.: Chicago Title Co., 16969 Von Karman, Irvine Ca. 92606
PHONE NO.: (714) 263-2500
TITLE OFFICER: Cona Bellefuille
I hereby certify that all Public Works requirements have been complied with.
/Z�'144
Bruce P. Crosb
24323
NOTICE O COMPLIANCE WITH CONDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: 3 I JI
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO.
PARCEL MAP NO. (P
PARK AND RECREATION FEES PAID: ❑ YES $ DiNO 1`1t
OTHER:
1A , for:
Howard Zelefsky
Planning Director
Real ,;Mate Shippers Association } 454760
1E'19 East Edinger, Santa Ana, CA 91711 • ! `! *14) 953-3122
PICK UP AT SILL O SEE: DATE TIME
ADDRESS DIRECT RUSH ECON.
CITY SPECIAL INSTRUCTIONS:
R amNATURE TIME
f ")J a iloli'k• '1\ V �r'.J Li ��
SE ICE O TED SV `J� f pELIV.CHARGE`
DELI BILL SEE: / WAITING TIME
ADDRESS
CITY
WEIGHT
CONSIGNEE SIGNATURE TIME
TOTAL
=MAXIMUM$W.00 LIABILITY UNLESS OTHERWISE DECLARED BY SHIPPER=