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HomeMy WebLinkAboutSubdivision Agreement - Boeing Realty - W/Bolsa Chica, S/Ran (2) Council/Agency Meeting Held: - -7 .�,DDd Deferred/Continued to: �(App ove ❑ C ntionally Approved ❑ Denied C lerk' ignatur r Council Meeting Date: 7/7/2008 Department ID Number: PW 08-36 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBL WORKS SUBJECT: Approve the Release of Securities for McDonnell Centre Specific Plan No. 11, Phase II (Parcel Map No. 2001-226) =tate,,nt],:f Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Boeing Realty Corporation, the developer for the McDonnell Centre Specific Plan No. 11, Phase II, located east of Bolsa Chica Street and south of Rancho Road, has completed all required public improvements and is eligible to receive 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 for public use with Parcel Map No. 2001-226; 2. Release the following pursuant to California Government Code Section No. 66499.7(a): a. Faithful Performance Bond No. 8183 64 88, b. Labor and Material Bond No. 8183 64 88, and c. Monument Bond No. 8183 64 89. 3. Instruct the City Clerk to notify the developer, Boeing Realty Corporation, of this action and the City Treasurer to notify the surety, Federal Insurance Company of this action; and 4. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 " iaaahK` w OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK July 23, 2008 Tom Daly O. C. Clerk— Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner Enclosed please find a ACCEPTANCE OF PUBLIC IMPROVEMENTS to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the ACCEPTANCE OF PUBLIC IMPROVEMENTS when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. Flynn, CMC City Clerk JF:pe Enclosure—PARCEL MAP 2001-226 G�tfollowup/deeds/deedletter2002.doc Sistepryei�"seXiNjo, Japan • Waitakere, New Zealand i Telephone: 714-536-5227) L % ATY OF HUNTINGTPN BEACH 6f5 INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Kris Winchak Contract Plan Checker SUBJECT: Parcel Map 2001-226 (Authorization to Record) DATE: July 19, 2002 Please release subject Parcel Map to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with and approved by City Council on 6/17/2002. TITLE CO: Chicago Title Company TITLE OFFICER: Cona Bellefeuille ORDER NO.: 23818002-M 13 LOCATION: S/S 12`h Rancho Rd., W/S Astronautics Lane and N/O Bolsa Ave. PHONE NO.: (949) 263-2500 Kris Winchak G:/Eng/W inchak/Forms/pm2002-107 ' v NOTIC{�,�`DF COMPLIANCE WITH CCI)ITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: �' �j-�Z. • FROM: PLANNING DEPARTMENT TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ (N10 DEVELOPER: aqffb for: • Howard Zelefsky Director of Planning CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 8, 2002 Chicago Title Insurance Company ' 16969 Von Karman Avenue Irvine, CA 92606 (949) 263-4038 Attn: Cona Bellefeuille, Title Officer Re: Parcel Map No. 2001-226—Order No. 23818002-M13 The City Engineer of the City of Huntington Beach approved Parcel Map 2001-226 and authorized the release of said map for processing by the County. After recording, please return a duplicate Mylar, 2 prints, and a digital file disk of the Parcel Map to Kris Winchak, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648. Connie Brockway, CMC City Clerk /rsr Attachment Received by: Date: 9 Lb IOZ g:\followup\parcel\parcelmp2002.doc (Telephone:714-536-5227) V; RECEIVED BY: • CITY CLERK RECEIPT COPY Return DUPLICATE.to s Jeffrey Hughes'(ext.6260). (Name), after signing/dating 2 (Date) 'CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich,City Treasurer ATTN.- Jim Slobojan, Deputy City Treasurer FROM: jk S DATE: SUBJECT: Bond Acceptance I have received the bonds for W__I b U 0-AA )ON (Compaby Name) Faithful-Performance Bond-No. 81S o N Labor andMaterial Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC.No. MSC No. Approved 06-17-VL Agenda Item No. (Council Approval Date) -7o. City.Clerk Vault..N q2p g:/jah/bondletter.doc 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: July 11, 2002 TO: Boeing Realty Corporation ATTENTION: President Name 3760 Kilroy Airport Way, Suite 500 DEPARTMENT: Street Long Beach, CA 90806 REGARDING: Subdivision Agreement City,State,Zip for Parcel Map No. 2001-226 See Attached Action Agenda Item E-9 Date of Approval 6/17/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance RCA Deed Other CC: R. Beardsley DPW x x x x Name Department RCA Agreement Insurance Other I R11 i ott T)PW X_ x x x Name Department RCA Agreement Insurance Other S. Freidenrich Treas x bonds Name Department RCA Agreement Insurance Other Name Department RCA Agrecment Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone:714-536-5227) REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/7/2008 DEPARTMENT ID NUMBER: PW 08-36 Analysis: On June 17, 2002, the City Council accepted bonds from the Boeing Realty Corporation. The securities were furnished for Faithful Performance, Labor and Material, and Monument Bond. The developer, Boeing Realty Corporation, has completed the required public improvements and is requesting acceptance of the work and release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). Public improvements constructed consist of curb and gutter, sidewalk, streets, street lighting, storm drain, sewer, and water facilities and appurtenances within the public right-of-way. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specification, and recommends acceptance of the improvements. Following is a list of project data: Developer: Boeing Realty Corporation, 4501 East Conant, Long Beach, CA 90808-1767 Engineer: Adam Streeter, 15 Corporate Park, Irvine, CA 92606 Surety: Federal Insurance Company, P.O. Box 1615, Warren, New Jersey 07061-1615 Location: East of Bolsa Chica Street, south of Rancho Road Zone: Restricted Manufacturing (M1-A) No. of Acres: 91.5 No. of Parcels: 20 Public Works Commission Action: Not Required Strategic Plan Goal: (1-1). Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. (L-5) Improve the efficiency of the development review process. Environmental Status: The recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): ftod Nfiffibbr . 1. Acceptance of Public Improvements Form 2. Location Map -2- 6/25/2008 8:28 AM ATTACHMENT # 1 Recording requested by, and when recorded return to: - Recorded in Official Records, Orange County Joan Flynn,City Clerk Tom Daly, Clerk-Recorder Office of the City Clerk II I I II II I I II II II II II II II II I I II NO EE E CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main street 200800037033211-22am 08/04/08 Huntington Beach,Ca. 92648 100 211 A04 2 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 June 2, 2008, 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 Parcel Map No. 2001-226. Public improvements constructed consist of the domestic water system and appurtenances, the sewer system and appurtenances, the storm drain system and appurtenances, curb, gutter,paving and sidewalk within Astronautics Lane, Delta Lane, Rancho Road and Skylab Road. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at July n7, 2nORCity Council Meeting Submitted for Recordation by the Orange County Recorder. Attest July 23, 2008 JOAN L F. N City Clerk and Ex-officio Clerk'of t ity Coun '1 Of the City of Huntington,Beach, California By e uty APPROVED AS TO FORM JENNIFER McGRATH,City Attomq TY OF HUNTINGTON BEACH By Paul D'AlessanJw Assistant City Attorney RIO) Ty:City Engineer Ir by: Director of Public Works G:\Eng\Elliott\Bonds\Tract acceptance form a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0n��l l,ox),6 —�d before me, _ Date Here Insert Name and Title of the Officer personally appeared 7!dD U1_U �� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person&whose name}. k4at�)subscribed to the within instrument and acknowledged to me that -befs the xecuted the same in Aisle their authorized capacityie , and that by-h�the�signaturEdjs on the instrument the persor�js ,, or the entity upon behalf of which the persons acted, executed the instrument. Pt I certify under PENALTY OF PERJURY under the laws Coof►#1�99iT9 of the State of California that the foregoing paragraph is OnmgeCounty true and correct. �!►Cosrsm. �i. WITNESS my han n off' ial se I. Place Notary Seal Above Signature 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 Doc men t Title or Type of Document: )7L�,r� J OF— Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact . ° ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 ATTACHMENT #2 X U ardust Dr.Stardust jan.giers. Dr. Sands Ee " Dollar.Dr. Rid 0 i F Vera N11 ,a;= ___ s�ranau�s n. v? 2 I Q Z) o � o' l Q Skylab Rd _.Skylab_ Rd._ 1 c a M Q a L ' Q E � r F3uRolsa Ave. Ave- ckingham_..Dr. t° LOCATION MAP _ STREET NAMES ti BEING CITY BOUNDARY u �, Map produced by information contained in the City of - - Huntington Beach Information Services Department STREET CENTER -IES(CLASS) Geographic Information System.Information warranted for /1 Sm3rtstreet City use only.Huntington Beach does not guarantee its Ih/ Major completeness or accuracy. Collector j1r- Map Produced on 5/28/2008 Primary , Secondary T, N Residential f HP Travelw�ay 1 ' W F Allev ISOBATHS 0 690 1380 HARBOR One inch equals 690 feet RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR McDONNELL CENTRE SPECIFIC PLAN NO. 11, PHASE 11 COUNCIL MEETING DATE: July 7, 2008 RCA ATTACHMENTS STATUS - Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable 0 Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable Tract Map, Location Map and/or other Exhibits Attached El Not Applicable El Contract/Agreement (w/exhibits if applicable) Attached El (Signed in full by the City Attorney) Not Applicable z Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorney) Not Applicable z Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable z Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable 0 Bonds (if applicable) NoAttached z t Applicable 1:1 Staff Report (If applicable) Attached El Not Applicable 0 Commission, Board.or Committee Report (If applicable) Attached El Not Applicable H Findings/Conditions for Approval and/or Denial Attached El Not Applicable z f-ACHMENTS EXPLANATION FO,"ISSI'NG AT RE RET 'RNED'VIEVVED FORW R) PED Administrative Staff Deputy City Administrator(Initial) City Administrator (initial) City Clerk EXPLANATION FOR kETURN Of ITEM: -S co�For Mi-M;U�d On RCA Author: T. Elliott:jg City ®f Huntington Beach k 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK July 10, 2008 Boeing Realty Corporation 4501 East Conant Long Beach, CA 90808-1767 Re: Release of Securities for Parcel Map No. 2001-226 Please be advised that on Monday, July 7, 2008 the City Council of the City of Huntington Beach took the following action: Accepted Public Improvements and Approved the Release of Securities for Parcel Map No. 2001-226 to Boeing Realty Corporation, the Developer for !McDonnell Centre Specific Plan No. 11, Phase 11, Located East of Bolsa Chica Street and South of Rancho Road — 1) Accepted the improvements constructed for public use with Parcel Map No. 2001-226; 2) Released the following pursuant to California Government Code Section No. 66499.7(a): Faithful Performance Bond No. 8183 64 88, (b) Labor and Material Bond No. 8183 64 88, and (c) Monument Bond No. 8183 64 89; and 3) Instructed the City Clerk to notify the developer, Boeing Realty Corporation, of this action and the City Treasurer to notify the surety, Federal Insurance Company of this action; and, 4) Instructed the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Sister C`#811 "'HTl/raga lean bonds for tract-letter.doc I p Waitakere, New Zealand (Telephone: 714-536-5227) File Notes Office of the City Clerk Huntington Beach, California D151 cpa*.b T. al�DTr 96T 4X- is aAfi or1 \ O)o _ Cal, -PN TVA Dulc CAL` W* �-PA (\I0wE- vn�) att I\w 07- w (tc od-tib-o2 Bob W\\)- o it �NSIx « C �'• A t \U ^ tT 1 C ks otcle °' ' Council/Agency Meeting Held: 0'lr Deferred/Continued to: Approved ❑ Conditional y Ap rov d ❑ D nied -0- be?- City C rk's Signature Council Meeting Date: June 17, 2002 Department ID Number: PW-02-062 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND-CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoroW a- C n PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works62 b SUBJECT: APPROVE SUBDIVISION AGREEMENT AND BONDS FOR MCDONNELL CENTRE SPECIFIC PLAN NO. 11, PHASE II (PARCEL MAP NO. 2001-226) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Subdivision Agreement and Bonds for McDonnell Centre Specific Plan No. 11, Phase II, located.west of Bolsa Chica Street and south of Rancho Road, are being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Boeing Realty Corporation for Parcel Map No. 2001-226 2. Accept bonds pursuant to Zoning Administrator's action and instruct the City Clerk to file the following bonds with the City Treasurer: a. Faithful Performance Bond number 8183 64 88, b. Labor and Material Bond number 8183 64 88, and C. Monument Bond number 8183 64 89. Alternative Action(s): Deny the approval of the Subdivision Agreement and acceptance of bonds.. Analysis: On February 6, 2002, the Zoning Administrator approved Phase II of the McDonnell Centre Business Park Specific Plan No. 11, Tentative Parcel Map and an addendum to the Environmental Impact Report No. 96-1. The Tentative Parcel Map allows for the subdivision of 91.5 acres into 20 parcels for future industrial development. i REQUEST FOR ACTION • MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER:PW-02-062 PROJECT PROPOSAL: SUBDIVIDER: Boeing Realty Corporation, 3760 Kilroy Airport Way, Suite 500, Long Beach, CA 90806 ENGINEER: Adam Streeter, 15 Corporate Park, Irvine, CA 92606 LOCATION: West of.Bolsa Chica Street and South of Rancho Road ZONE: Restricted Manufacturing (M1-A) GENERAL PLAN: I-F2A-D NO. OF ACRES: 91.5 NO. OF PARCELS: 20 Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s):City Clerk's Page Number No. Description 1 Location Map 2 Subdivision Agreement 3 Bonds (Faithful Performance, Labor and Materials, and Monument) RCA Author: T. Elliott 02-062 June 17 Elliott(Boeing Subdivision Agreement) -2- 6/11/2002 7:49 AM ATTACHMENT 1 n C 4 c O �. Cl) 45— sum _T"' t cdS7� ,�x�,�,•' „:.. _ tn...''..�.. fD S ..._.. r F'r y 1 f✓t�I �� .,." x �, Y�i, lar t1 t Ca I O of I .ems�I err ,. 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E ATTACHMENT 2 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BOEING REALTY CORPORATION FOR PARCEL MAP NO. 2001-226 THIS AGREEMENT ("Agreement") is entered into this 17th day of June 2002,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BOEING REALTY CORPORATION, a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER or its affiliates is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Parcel Map No. 2001-226; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets,. and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this 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 California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. 02ae ee/boei"g/5/21/02 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the parcel map not completed at the time of the recordation thereof, including, 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; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the 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. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date or a request for extension is approved by the CITY in writing. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 02agree/boei ng/5/21/02 2 • • 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council 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 herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as 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 any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not 02agree/boeing/5/21/02 3 • 0 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Two Million, Six Hundred Thirty-Six Thousand Dollars ($2,636,000.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. i I 02agree/boeing/5/21/02 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Million, Three Hundred Eighteen Thousand Dollars ($1,318.000.00), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time with not less than ten days prior written notice. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees,and agents from and against any and 02agree/boeing/5/21/02 5 all claims, damages, losses, expenses,judgments, demands and defense costs (including without limitation, costs and fees.of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all such claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and famish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars 02agree/boeing/5/21/02 6 • ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated I general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. 02agree/boeing/5/21/02 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, 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 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 CITY and its forces, including contractors, in the event 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 CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: 02agree/boei ng/5/21/02 8 TO CITY: TO SUBDIVIDER: City of Huntington Beach Boeing Realty Corporation ATTN: Director of Public Works Attn: President 2000 Main Street 3760 Kilroy Airport Way, Suite 500 Huntington Beach, CA 92648 Long Beach, CA 90806 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for.one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any Ianguage in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or' interpretation of any provision of this Agreement. 18: INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not.strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 02agree/boeing/5/21/02 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 02agree/boeing/5/21/02 10 • • CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES Except as expressly set forth in Section 10 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws.of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and. agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire 02agree/boei ng/5/21/02 11 agreement between the parties respecting the subject matter of this Agreement and supercedes all ,prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. CITY OF HUNTINGTON BEACH, a municipal BOEIN ALTY CORPORATION, C lifornia corporation of the State of California co • �dre By: • Mayor P7RESIDENT print name ITS: (circle one) Chairman/President/Vice President ATTEST. AND City Clerk a6—Zy"o4 By: ,A ST PHEN J. BARKER DI ECTOR-BUSINESS OPERATIONS APPROVED TO FORM: print name _ l 1( circle one) Secreta Chief Financial Office Asst. Secretary-Treasurer R -/� City Attorney Z 16 y 5-Z y._d-L- s-� /0 T AND A VED: REVIEWED AND APPROVED: Director of Public Works City Administrator I i 02agree/boeing/5/21/02 12 I CERTIFICATE OF INSURANCE ViIJ�L�' ill THIS CERTIFICATE REPLACES ALL CERTIFICATES PREVIOUSLY ISSUED �a Uza.70 NAME AND ADDRESS THE BOEING COMPANY AND ANY CONTACT LOG#: OF THE INSURED: SUBSIDIARIES THEREOF Sandy Herrera 1619 100 North Riverside Plaza Marsh USA Inc. Chicago, IL 60606-1596 (206)613-2210 This is to certify that insurance policies,subject to their terms,conditions,and exclusions are at present in force with the companies as follows: TYPE OF INSURANCE CO. POLICY NUMBER POLICY TERM LIMIT OF LIABILITY EACH OCC./AGG. COMPREHENSIVE LIABILITY Bodily Injury/Property Damage 12 5AC 049403-00 1/1/2002-1/1/2003 $1,000,000/$1,000,000 Coverage includes Comprehensive General Liability,Blanket Contractual Liability,Products-Completed Operations Hazard,Broad Form Property Damage and applies to all premises, operations and automobiles. •'TX Automobile Liability only. APPROVED AS TO FORM: GAIL HUTTON, City Attorne;► BY- Deputy C�Attorney 4 COMPANY CODES 12- American Manufacturers Mutual Insurance Company Reference: Agreement for Parcel Map No.2001-226 The City of Huntington Beach,its officers,officials,employees,agents and volunteers are additional insureds regarding the above-referenced agreement. In the event of cancellation, 30 days written notice will be given to the party to whom this certificate is addressed. This certificate of insurance neither affirmatively amends,extends,or alters the coverage afforded by the policy or policies shown above. CERTIFICATE HOLDER PRODUCER Marsh USA Inc. MARSH West Monroe Street Chi City of Huntington Beach Chicago, Illinois 60661-3630 2000 Main St. An AUC Compohy .(312)627-6000 Huntington Beach,CA 92648 //th 4 ,,4 4!�lG'v Wednesday,June 05,2002 Kendra A.Givan Date ATTACHMENT 3 BOND N0. s1 64 88 PREMIUMS o,00 GAT!, M.": ',ttorne7 J. FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Boeing Realty Corporation (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated February 7 482002,and identified as project No. 01-122 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and Federal Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sumof Two Million Six Hundc6d Th:icty Six Thousand dollars($ ,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 therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,.extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on April 4, A*2002 Boeing Realty Corporation as Principal By .� G.L. CAR LATER, ASSISTANT TREASURER Federal Insurance Company as Surety By ernan - - ct By /O�t?i" 1 Katherine J. Foreit Attorney-in-Fact 2 SLLINOIS IM7*— STATE OF eALIF6RNIA caokln/ ) SS COUNTY OF .ON, C/ d, 07�_BEFORE ME, Z A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED�g AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL P CE OF BUSINESS IS NOTARY PUBLg I AND FOR SAID STATE IN —9 COUNTY (NAME PRINTED) MY COMMISSION EXPIRES (o—3 o?GYaZ_ E FFICIAL SEAL GHAN L GILLETTERY PUBLIC,STATE OF ILLINOISMMISSION EXPIRES:U9Po3Po2 STATE OF CALIFORNIA ) � SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF.SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE _ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES W7a.oti 3 Chubb POWEIP Federal Insurance Compan Attn: Surety Department OF- 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 Ralph E. Nosal, Katherine J. Foreit, C.R. Hernandez, Theodore C. Sevier, Jr. , Joseph R. Poplawski, Debra R. Keebler, Sandra Nowakowski and Shelly K. Szymczak of Chicago, Illinois ----------- each as their true and lawful Attorney-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 altering 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 this 17 th day of September, 2001 Sheryl B. Roberts,Assistant Secretary FralK E.Robertson,Vice esident STATE OF NEW JERSEY S.S. County of Somerset On this 17 th day of September, 2001 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts,to me known to be Assistant Secretary of FEDERAL INURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Sheryl B.Roberts being by me duly swom,did depose and say that she 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 Attomey are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that she 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 Attomey is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. ELE Notarial Seal oHq� Not MICHELE R. MCKENNA �9 Public,State of New Jersey Notary > l '0 < No.2229941 1 ZF� Gel fC ; Commission Expires Sept.25.2004 otary Public ✓fR8E1 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." I,Sheryl B.Roberts,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, (b) the Companies are duly 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 4th day of April 2002 RANC 44 w a v, � 3 '� 11 7 � � 4C�C- �•A L� 1 �iyD1ApP KiSCONS�� �Nfiv y w.YOa heryl B. Roberts,Assistant 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 Form 15-10-0295-A(Ed.4-99)CONSENT STATE OF ILLINOIS COUNTY OF COOK 1, Beatriz Polito ,allotary Public in and for said County do hereby certify that C R Hernandez Attomey-in-Fact, of these: Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person, and, acknowledged that they signed, sealed, and delivered said instrument for and on behalf of: Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 4th day of j4Kil A.D. 2002 Notary Public "OFF/(,`� •''•••••++ • BSATRjZP SEAL" • Vary pubii� Liro • My Co , O State • • BOND NO.—aideLfuL AR PREMIUM $JVQr 00 LABOR AND MATERIAL BOND • WHEREAS,the City Council of the City of Huntington Beach,State of California,and Boeing Realty Corporation (hereinafter designated as'Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated February 7 452002,and identified as project No 01-122 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City.of Huntington Beach to secure the claims to which reference is made in Titie 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,matedalmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Million Three Hundred Right-pen Thn ncana dollars($ 1,318,000.00 1,for materials furnished or 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 The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 9090 affect its obligation on this bond,and it•hereby waive notice of any such change,extension,stion or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on April 4 1 2002 Boeing Realty Corporation as Principal BT �f -- G.L. CARP TER, ASSISTANT TREASURER Federal Insurance Company as Surety By:� C.R He�p� Att�-ln-Fact . By: Karnec-ine J. roreiA orney-in- ac ratio �� STATE OF 600,C� SS COUNTYYJOF MJ ON eyVgLY � Xaa-2-.BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARE% Vz d? AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE.WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCpI ALP CE OF BUSINESS IS NOTARY PUBLIC I AND FOR SAID STATE IN 61O0, COUNTY Z. �%%� (NAME PRINTED) MY COMMISSION EXPIRES G-3 o?MD STATE OF CALIFORNIA ) ENOTARY FFICIAL SEAL. GHAN L GtLLETTE SS PUBLIC,STATE OF ILLINOIS COUNTY OF ORANGE ) MMISSION EXPIRES:06/03/02 ON .BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso.o� 2 9090 Chubb POW Federal Insurance Compan Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road u 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 Ralph E. Nosal, Katherine J. Foreit, C.R. Hernandez, Theodore C. Sevier, Jr. , Joseph R. Poplawski, Debra R. Keebler, Sandra Nowakowski and Shelly K. Szymczak of Chicago, Illinois ----------- each as their true and lawful Attorney-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 altering 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 this 17 th day of September, 2001 Sheryl B. Roberts,Assistant Secretary Fra E.Robertson,Vice esident STATE OF NEW JERSEY SS. County of Somerset On this 17 th day of September, 2001 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts,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 Sheryl B.Roberts being by me duly swom,did depose and say that she 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 she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she 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 Attomey is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and in deponents presence. ELS Notarial Seal et�oH �y NOT MICHELE R. McKENNA Notary Public,State of New Jers$Y No.2229941 1 Zc GeltC ,� Commission Expires Sept.25.2004 otary Public �FRSEY 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." I,Sheryl B.Roberts,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 Companies are duly 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 4t-h day of April 2002 `aSV�CFO `�,�ptftODr� `�S��V�FC QT ; Tf �! NO tiq p —*— all =? �NDIANP K7SCONr� WY oa�- heryl B. Roberts,Assistant 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 Form 15.10-0225-A(Ed.4.99)CONSENT STATE OF ILLINOIS COUNTY OF COOK 1, Beatriz Polito ,allotary Public in and for said County do hereby certify that : C R. Hernandez Attorney-in-Fact, of these: Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person, and, acknowledged that they signed, sealed, and delivered said instrument for and on behalf of. Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 4th day of APr ' A.D. 2002 Notary Public •••..., g0FF1CIAL SE ..�•••��� Notary p ric p�L 'r Y C rnrn bo/ State of ors ••••••••p'•e• 1213,O•: BOND NO. 81An 64 89 PREMIUM $40.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Boeing Realty Corporation as Subdivider of Tract No. 01-122 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid Boeing Realty Corporation , (Subdivider) as principal,and Federal Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in.accordance with said map and said certificate up to but not in excess of the sum of . $ 7,000.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 4th day of April Boeing Realty Corporation ,as Principal B y � y—G.L. UAKrDNILK, AbblblAfil IREAbUKhX Fedecgil Insurance Company as Surety By: Sernan eez orney-i.n- ac -r<atrtrsrrrr�. nip--In--F Ncr-- 8092.01 _zzl ,6 STATE OF BAblF6Rto" vw SS COUNTY 0171� ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED e V Lr- AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PACE OF BUSINESS IS NOTARY PUB C M AND FOR SAID STATE IN DO COUNTY (NAME PRINTED) - MY COMMISSION EXPIRES l0 3 o?OOa ECIAL SEAL AN L GiLLETTELIC,STATE OF ILLINOIS SION ExPIRES:06/03/02 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY.EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. .WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092.01. STATE OF ILLINOIS COUNTY OF COOK 1, Beatriz Polito ,allotary Public in and for said County do hereby certify that :C R. Hernandez Attorney-in-Fact, of these: Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person, and, acknowledged that they signed, sealed, and delivered said instrument for and on behalf of: Federal Insurance Company, an Indiana Corporation Vigilant Insurance Company, a New York Corporation Pacific Indemnity Company, a Wisconsin Corporation for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said County, this 4th day of April A.D. 2002 Notary Public ; "OFFICIAL SS"• •••.. „ SEA TRIZ PO AL UT • Notary public, State O � corn , • • Chubb POWElW Federal Insurance Compan Attn: Surety Department OF 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 Ralph E. Nosal, Katherine J. Foreit, C.R. Hernandez, Theodore C. Sevier, Jr. , Joseph R. Poplawski, Debra R. Keebler, Sandra Nowakowski and Shelly K. Szymczak of Chicago, Illinois ----------- each as their true and lawful Attorney-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 altering 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 this 17th day of September, 2001 Sheryl B.Roberts,Assistant Secretary Fra E.Robertson,Vice Ofesident STATE OF NEW JERSEY I ss. County of Somerset On this 17 th day of September, 2001 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts,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 Sheryl B.Roberts being by me duly swom,did depose and say that she 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 she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she 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 deponents presence. Notarial Seal GNE�.1 NOT MICHELE R, McKENNA 49A Notary Public,State of New Jersey No.2229941 ti etlC VJUILL_, e. ".�&t4� ; Commission Explrae Sept.25.2004 otary Public �FRSEY 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' I,Sheryl B.Roberts,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, (if) the Companies are duly 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 (Ili) 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 4th day of Apci 1 2002 ``aSVPANCE `+pFA�R) t `MVUR"c y c'O ���\+tettotr� ~ti0 �NDIANP K7SCON5�M �yE.r..,.a,�+ L WY - heryl B. Roberts,Assistant 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 Form 15-10-0225-A(Ed.4.99)CONSENT RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Subdivision Agreement and Bonds for McDonnell Centre Specific Plan No. 11, Phase II COUNCIL MEETING DATE: June 17, 2002 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) Si ned in full by the City Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne 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 ATTACHMENTS; REVIEWED RETURNED FORWARDED`` Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ;EXPLANATION FOR RET RN OF ITEM (Below • . • Only) RCA Author: T. Elliott