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Home My WebLink AboutSubdivision Agreement Between the City, the Ocean View Schoo 77 CAS ,✓��.i�Ac?°Jli_![�b./ C_`/ Council/Agency Meeting Held:_ clot Deferred/Continued to: LApp oved ❑ Conditionally Approved ❑ Denied `V� City I rk's Vq-natur�J Council Meeting Date: 8/4/2008 Department I Number: PW 08-46 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR REPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF RU C WOR S SUBJECT: Approve the Release of Securities for Lowe's Home Improvement Warehouse Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Lowe's Home Improvement Warehouse, Inc. (Lowe's HIW, Inc.), the developer for the Lowe's Home Improvement Warehouse, located at 8175 Warner Avenue, has completed all required public improvements and is eligible to receive release of their securities. Funding Source: No funds are required for this action. Recommended Action: Motion to: 1 . Accept the improvements constructed for public use per Conditional Use Permit 00-31 and offsite improvement plans for the project; 2. Release the following: a. Faithful Performance Bond No. 104 313 421, b. Labor and Material Bond No. 104 313 421, and c. Monument Bond No. 104 313 422. 3. Instruct the City Clerk to notify the developer, Lowe's HIW, Inc., of this action and the City Treasurer to notify the surety, Travelers Casualty and Surety Company of America 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. a �stry, �/Le1 d tj AJ C1, y�uri� Council/Agency Meeting Held: 9 -� Deferred/Continued to: *Approved ❑ conditionally Approved ❑ Denied 1Mq;W7 y lerk' Signat r Council Meeting Date: July 19, 2004 Department ID Number: PW 04-063 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM ERS SUBMITTED BY: PENELOPE CULB - T, City Adminls rato PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Works ' SUBJECT: Approve the Acceptance of Securities and Release the Cash Bond for Lowe's Home Improvement Warehouse Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Lowe's Home Improvement Warehouse, Inc. (Lowe's) is providing the required Faithful Performance/Labor and Material Bond and Monument Bond to be substituted for the cash deposit accepted with the Subdivision Agreement for the new Lowe's Home Improvement Warehouse. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept Faithful Performance/Labor and Material Bond No. 104313421, and Monument Bond No. 104313422, the securities furnished for installation of the required public improvements, and instruct the City Clerk to file the bonds with the City Treasurer-, and 2. Release the Cash Bond No. T21921 and instruct the City Treasurer to issue. a refund in the amount of$1,323,750 to Lowe's Home Improvement Warehouse, Inc. BF Alternative Action(s): Deny the recommended action. ^ a e i • REQUEST FOR ACTION MEETING DATE: July 19, 2004 DEPARTMENT ID NUMBER: PW 04-063 Analysis: On June 21, 2004, the City Council approved the Subdivision Agreement by and between the City of Huntington Beach, Lowe's, and the Ocean View School District of Orange County. A cash bond in the amount of $1,323,750 was accepted as security for the installation of the required subdivision improvements and monumentation in lieu of the Faithful Performance, Labor and Material, and Monument Bonds. Lowe's is now submitting the required Faithful Performance, Labor and Material, and Monument Bonds and requests a refund of the cash deposit held by the City Treasurer. PROJECT PROPOSAL: DEVELOPER: Lowe's Home Improvement Warehouse, Inc., 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 SUBDIVIDER: Ocean View School District, 17200 Pinehurst, Huntington Beach, CA 92647 ENGINEER: Canyon Consulting, 4665 MacArthur Court, Suite 200, Newport Beach, CA 92660 LOCATION: Northeast corner of Beach Boulevard and Warner Avenue ZONE: General Commercial (CG) GENERAL PLAN: MV-F10-d-a NO. OF ACRES: 25.9 NO. OF PARCELS: 4 Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Faithful Performance Bond No. 104313421 2 Labor and Material Bond No. 104313421 3 Monument Bond No. 104313422 RCA Author: Bogart 1692 G:\R C A\2004\04-063 July 19 Bogart(Lowes Bond Substitution).doc -2- 6/29/2004 2:03 PM ATTACHMENT # 1 BOND NO. 104 313 421 PREMIUM FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Lowe's HIW,Inc.,a Washington corporation (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement dated June 2004 and identified as project Lowe's HIW at 8175 Warner Avenue,Subdivision Agreement, 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. Nov, therefore, we, the principal and Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Five Hundred Eighty-five Thousand and No/100 ($585,000.00) 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 this or their part, to be kept and performed at the time and in the manner therein specified, and in 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by"City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 1 The surety hereby stipulates and agrees that no change, 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 June 9 ,2004. LOMT4 H,I/W C. z g as Principal By: (M,Qfi r David E. Shelton, Senior Vice President Name and Title TfaPblers-Casualty and Surety Conivanyof America,as Surety B Maryann i nberg,Attorney-in-Fact PRO DAS TO FORA: ffNNIFER MCGRATH,.City Attorney. . 2 STATE OF 1 10{- 1 ss COUNTY OF I11), I k£S ) ON Tk- IC BEFORE ME, A NOTARY�PUBLIC '1I�N,:AND FOR SAID STATE,PERSONALLY APPEARED ,AND PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF THEIR THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY ND SIGNATURE I llbn W. MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IN L: ,l�((�.QCOUNTY 1 SQrl VU. V V l IL MY COMMIS j Q (NAME PRINTED) mill ir CFFCIALSE& ALUSON W.WIKE NOTARY pUBUC•NOW CAROUNA cox i OF CALDW CL A' F,y Coy I.�m a, STATE OF NORTH CAROLINA ) _ •ter. :: ,. - ) ss COUNTY OF MECKLENBURG ) ON DUNE 9,2004 ,BEFORE ME, JUDIE M.CHISOLM A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED MARYANN ISENBERG ATTORNEY-IN-FACT FOR TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE .INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF THEIR THE PERSONS ACTED,EXECUTED THE INSTRUMENT: WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS NOTARY PU C IN AND FOR SAID STATE IN MECKLENBURG COUNTY JUDIE M.CHISOLM MY COMMISSION EXPIRES: February 11,2006 (NAME PRINTED) 3 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-46 Analysis: On July 19, 2004, the City Council accepted bonds from the Lowe's HIW, Inc. The securities were furnished for Faithful Performance, Labor and Material, and Monument Bonds. The developer, Lowe's HIW, Inc., 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, paving and street lighting within the public right-of-way, and water facilities and appurtenances within both private property and public right-of-way. 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. Following is a list of project data: Developer: Lowe's Home Improvement Warehouse, Inc., 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Engineer: Canyon Consulting, 4665 MacArthur Court, Suite 200, Newport Beach, CA 92660 Surety: Travelers Casualty and Surety Company of America, 100 North Tryon Street, Suite 3200, Charlotte, NC 28202 Location: Northeast corner of Beach Boulevard and Warner Avenue Zone: General Commercial (CG) No. of Acres: 25.9 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: Not applicable Attachment(s): 1. Acceptance of Public Improvements Form 2. Location Map -2- 7/15/2008 1:00 PM ATTACHMENT # 1 Recording requested by, and when recorded return to: Joan Flynn,City Clerk Recorded in Official Records, Orange County Office of the City Clerk CITY OF HUNTINGTON BEACH Tom Daly, Clerk-Recorder P.O.Box 190—2000 Main Street III I IIIII II IIIII IIII II II II IIIII III IIIII IIII I I I IIII NO FE E Huntington Beach,Ca. 92648 200800039735103:02pm 08/20/08 104 28 A04 '1 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) 1 l PLEASE TAKE NOTICE THAT on July 7, 2008, the City Engineer considered the 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. nl Further, the public improvements for the project have been dedicated to the City of -Huntington Beach, as described on-the Offsite Improvement Plans for Lowe's Home Improvement Warehouse. Public improvements constructed consist of the domestic water system and appurtenances within both private property and public streets, street lighting, curb, gutter,paving and sidewalk within Warner Avenue and B Street. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at August 4, 2008 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest i{Lu s 7--- 13 _ 20 OP' JW L PON City Clerk and Ex-officio Clerk of the ity Council Of the City of Huntington Beach, California By O�eputy This dacument is soh*for the official of the City of Huntington Owch,as contemplated under GOMMMt Code Sec.6103 and should be recorded free of charge. C� Y OF HUNTINGTON BEACH t�tR CRY OF L F by: City Engineer by: City Attorney ATTAC H M E N T #2 LOCATION MAP 6t;4 w.r ib.*ss ti iiili lip - G Ll WP. - 8175 Warner Avenue �' �p r �ry :41 Lug m� e r LOWE'S HOME IMPROVEMENT WAREHOUSE 8175 WARNER AVENUE RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR LOWE'S HOME IMPROVEMENT WAREHOUSE COUNCIL MEETING DATE: August 4, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable Z EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A DED Administrative Staff ( ) Deputy City Administrator (Initial) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: L. Hernandez City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 • OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK August 11, 2008 Lowe's Home Improvement Warehouse, Inc. 1530 Faraday Avenue, Suite 140 Carlsbad, CA 92008 To Whom It May Concern: Re: Release of the Securities for Offsite Improvement Plans Located at 8175 Warner Avenue— [Acceptance of Public Improvements] Please be advised that on Monday, August 4, 2008 the City Council of the City of Huntington Beach took the following action: Approved Release of the Faithful Performance Bond, Labor and Material Bond and Monument Bond Provided as Security by Lowe's HIW, Inc., Developer of the Lowe's Home Improvement Warehouse, Located at 8175 Warner Avenue, Northeast Corner of Beach Boulevard and Warner Avenue; Accepted Guarantee and Warranty Bond; and, Authorized Recordation of Notice of Acceptance of Public Improvements: 1) Accepted the improvements constructed for public use per Conditional Use Permit 00-31 and offsite improvement plans for the project; 2) Release the following: a. Faithful Performance Bond No. 104 212 421, b. Labor and Material Bond No. 104 212 421, and c. Monument Bond No. 104 313 422; 3) Instructed the City Clerk to notify the developer, Lowe's HIW, Inc., of this action, and the City Treasurer to notify the surety, Travelers Casualty and Surety Company of America of this action; and, 4) Instructed the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder. Sincerely, an L. Flynn, yCMCr4c) City Clerk JF: pe g:/followu p/tract/acceptpu blicimp-notice.d oc SistePrMW Nijo, Japan . Waitakere, New Zealand (Telephone:714-536-5227) RECEIVED BY: " CITY CLERK RECEIPT COPY Return DUPLICATE to ? City Clerk's Office (NameT after signing/dating a (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Shari eidenrich, City Treasurer FROM: DATE: :2 -- 4;)LA n SUBJECT: Bond Acceptance I have received the bonds for LJ� (Company Name) ' Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. i MSC No. Approved Agenda Item No. L� (Cou c/Approval Date) City Clerk Vault No. LQ f r #27 g:/followup/bondletter doc ATTACHMENT #2 BOND NO. 104 313 421 PREMIUM LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Lowe's HIW,Inc.,a Washington corporation (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement dated June 2004 and identified as project Lowe's HIW at 8175 Warner Avenue,Subdivision Agreement, is hereby referred to and made a part hereof,and WHEREAS, under the terms or said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore, said principal and the undersigned as corporate surety, are held and firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materiahnen 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 Two Hundred Ninety-two Thousand Five Hundred and No/100 dollars ($292,500.00) 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 any amount no 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 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. 4 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the agreement or to the specifications accompanying the same shall in any manner 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 June 9 2004. LOWES HIW C. as Principal By: David E. Shelton, Senior Vice President Name and Title TrraAeraCasualtv and Surety C an of America,as Surety B Maryann I nberg,Attorney-in-Fact APPROVED AS TOFORN1: jr'a �FEMcGRATH,City Attomey 5 STATE OF l SL"OU4 COUNTY OF �� '—es ss ON y,BEFORE ME, A N ARY PUtLic IN AND FOR SAID ST, TE,PERSONALLY APPEARED PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF THEIR THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE ojjjjQjd MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IN UN I C o COUNTY MY COMMISSION EXPIRES (NAME PRINTED) OFFICIAL SEAL ALLISON W.WIKE SOT q 2� r�v$ NOTARY PUBLIC-NORTH CAROLINA $$ 1V BURG ON JUNE 9,2004 ,BEFORE ME, JUDIE M.CHISOLM A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED MARYANN ISENBERG ,. ATTORNEY-IN-FACT FOR TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, .OR THE ENTITY UPON BEHALF OF THEIR THE PERSONS ACTED,EXECUTED THE INSTRUMENT: WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IN MECKLENBURG COUNTY JUDIE M.CHISOLM MY COMMISSION EXPIRES:February 11,2006 (NAME PRINTED) 6 Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under . the Act, . insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its 'deductible: Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELER CASUALTY AND SURETY COMPANY OF AMERICA LERS CASUALTY AND SURETY COMPAS ARM1NGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEI?(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the.City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: H. Wayne Gibson, Maryann Isenberg, Martin Pallazza, Gary A. Vail, Judie M. Chisolm,Vickie Petrea, Brad W. Gibson, Kelly E. Foley, of Charlotte, North Carolina, their true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed- This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity;and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,. or conditional. undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,.any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior.Vice 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 Resident Vice Presidents,Resident 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 in the future with respect to any bond or undertaking to which it is attached. j I (11-00 standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of August,2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARIvU NGTON CASUALTY COMPANY COUNTY OF HARTFORD JrL(Y AND p1 SU.4, H0.ATFdRQ a < 1982� o By '. �� d COW ea George W.Thompson v��'° "� �� `" • "`� Senior Vice President On this 21st day of August, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. a.T!? My commission expires June.30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Baled at the Home Office of the Company,in the City of Hartford, State of Connecticut Dated this day of 120 gJ'ttY AMp� GASu,14nnl }HMS WIKrFOf�, < O t!ti 2 p By pow ' cCW �"�6 • CDs Kori M.Johanson • ��` 1 �� ' • * Assistant Secretary, Bond ATTACHMENT #3 BOND NO. 104 313 422 PREMIUM MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: Lowe's HIW,Inc.,a Washinaton corporation as Subdivider of Parcel Map 2002-125, on behalf of Ocean View School District of Orange County, 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: That said Lowe's HIW,Inc. as principal,and Travelers Casualty and Surety Company of America as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting al 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 Five Thousand and No/100 Dollars($5,000.00),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 9`s day of June ,2004. LOWE'k HIW INC. I -/ as Principal 0 � By: 1 S. 9OA V —_ David E. Shelton, Senior Vice President Name and Title TrdWas Casualty and Surety Company of America,as:Surety WoBy. 11 Maryann senberg,Attorney-in-Fact APPROVED TO FORb1: NIFER McGRATK City Attorney 1 STATE COUNTY OF W ' ss f�-.� ON I�1 13QDgBEFORE ME, a\'� SCY1 Jk) . klu r (JL A NOtUARY PUBLIC IN AND FOR SAID STATE,PERSONALLY.APPEARED PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF THEIR THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE t .l .l,�,�l W- U�/ �t-l- MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IN 44 COUNTY I w A,) , w, � MY COMMISSION EXPIRES 12' kx (NAME PRINTED) OFFICIAL SEAL ALLISON W. WIKE. NOTARY PUBLIC-NORTH CAROLINA STATE OF NORTH CAROLINA NTYOFC MY Commission p ) SS aw .� —.--- COUNTY OF MECKLENBURG ) ON JUNE 9,2004 ,BEFORE ME, JUDIE M.CHISOLM A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED MARYANN ISENBERG ATTORNEY-IN-FACT FOR TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERSONALLY KNOWN TO ME (ORPROVED TO ME ON THE BASIS OF SATIFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORZIED CAPACITIES AND THT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF. THEIR THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE ` / !� - MY PRINCIPAL PLACE OF BUSINESS NOTARY P IC IN AND FOR SAID STATE IN MECKLENBURG COUNTY JUDIE M. CHISOLM MY COMMISSION EXPIRES:February 11,2006 (NAME PRINTED) 2 r11)r erS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage .for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA LERS CASUALTY AND SURETY COMPA� FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNE4(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations.duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hanford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted. and appointed; and.do by these presents make, constitute and appoint: H. Wayne Gibson, Maryann Isenberg, Martin Pallazza, Gary A. Vail, Judie M. Chisolm, Vickie Petrea, Brad W. Gibson, Kelly E. Foley, of Charlotte, North Carolina, their true and lawful Attomey(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obliga'ory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-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 in the future with respect to any bond or undertaking to which it is attached. (11-00 standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of August,2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FAP"GTON CASUALTY COMPANY COUNTY OF HARTFORD JY Aq°e vt `9� G� • ��L ° Z2�t By CONK George W.Thompson v�� 1 �� ' • " Senior Vice President On this 21st day of August, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. c' My commission expires. June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed d Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut..Dated this day of 20 041- V Aka 80. � mow. i19 i 2�' o BY Fa+si° sdy •��a; - Korn M.Johanson Assistant Secretary, Bond RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Acceptance of Securities and Release the Cash Bond for Lowe's Home Improvement Warehouse COUNCIL MEETING DATE: July 19, 2004 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 Not Applicable 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 ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author: Bogart 1692 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 12, 2004 First American Title Insurance Company 2 First American Way Santa Ana, CA 92702 (714) 800-4 41 V 6 S1/ Attn: Jeff Paschal, Title Officer Re: Parcel Map No. 2002-125—Order No. O-SA-2225146 (15) (N/S Warner, Between "B" St. & Minoru Ln.) The City Engineer of the City of Huntington Beach approved Parcel Map 2002-125 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 Joe Derleth, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648. Joan L. Flynn City Clerk J F/pe Attachment 4-- Received by: �(�-�' s� CLERK'S OFFICE RETAINS COPY FOR FILE Date: 7�iz-o g:\followup\parcel\parcelmp2003.doc procedure#20 (Telephone:714-536-5227) ------------------------------------------------------------------------------------------------------------------------------------------------- NOTIC OF COMPLIANCE WITH C&ITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: �2 FROM: PLANNING DEPARTMENT TRACT NO. �1 PARCEL MAP NO. 2 om PARK AND RECREATION FEES PAID: ❑ YES $ VNO DEVELOPER: f ,�--- for: Howard Zelefsky Director of Planning GAPLANNINGIFINAL MAPS\NOTICE OF COMPLIANCE WITH CONDrrIONS.doc CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn City Clerk FROM: Joe Derleth Survey Party Chief SUBJECT: Parcel Map 2002-125 (Authorization to Record) DEVELOPER: Ocean View School District DATE: July 12, 2004 Please release subject Parcel Map to the,Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Insurance Company TITLE OFFICER: Jeff Paschal ORDER NO.: O-SA-2225146 (15) LOCATION: N/S Warner, Between B Street& Minoru Lane. PHONE NO.: (714) 800-4641 Joe Derleth Note: To the City Clerks Office: Planning Department Release Slip must be received prior to release of this Parcel Map to the Title Company for recording. G:/Eng/W i nch a k/Forms/pm2002-107 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: oJZW e- 02.3 t2 TO: L 6 f u/ y�,_ ATTENTION: M60i C3 t3ame / /ZO DEPARTMENT: r �/� 2o2A0 a REGARDING:.SuA&WJAA) V City,State,Zip dCePWV/ See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance ' RCA Deed Other CC: AS (�d / ./ ✓ �e• artrnrnt 'r RCA Agmement Insurance Other O�n�T N ✓ ,i e artrnent RCA Agreemem Insurance Other Marne DEpartment RCA Agreemem Insurance Other Name Deparnnertt RCA Agreemem Insurance Other g:/followup/letters/coverltr.doc (Telephone:714-536-5227) a:a-- /4 Council/Agency Meeting Held: — D Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ity ler,LlSignatffe Council Meeting Date: June 21, 2004 Departme D Number: PW 04-053 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION T C=� C". ) SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB RS - `rL SUBMITTED BY: PENELOPE CULBRETH-GF FT, C' Admi ator PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work SUBJECT: Approve Subdivision Agreement and Accept Cash Bond for L�we�s Home Improvement Warehouse CO FSt,tement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Subdivision Agreement and cash bond for Lowe's Home Improvement Warehouse, located at 8175 Warner Avenue (northeast corner of Beach Boulevard and Warner Avenue), have been prepared and are ready for City Council approval and acceptance. 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, Lowe's HIW, Inc., and the Ocean View School District of Orange County; and, 2. Accept a cash bond in the amount of$1,323,750 as security for the installation of the required subdivision improvements and monumentation in lieu of the Faithful Performance, Labor and Material, and Monument Bonds. Alternative Action(s): Deny the recommended action. C� • REQUEST FOR ACTION • MEETING DATE: June 21, 2004 DEPARTMENT ID NUMBER:PW 04-053 Analysis: On October 28, 2003 the Huntington Beach Planning Commission approved Tentative Parcel Map No. 2002-125 to allow the subdivision of 19.30 acres of land into 4 parcels. As provided by the Subdivision Map Act, a Subdivision Agreement and accompanying security may be substituted for the construction of required public improvements. In compliance with the code requirements, the attached Subdivision Agreement and Cash Bond No. T21921 are being provided as security for the installation of the required subdivision improvements and monumentation. The cash bond will be substituted with the standard Faithful Performance, Labor and Material, and Monument Bonds at a future date through a subsequent City Council action. The required bond amounts follow: Faithful Performance $585,000 Labor and Materials 292,500 Monument 5,000 Total $882,500 Per the City Zoning and Subdivision Code Section 255.16 (C) the required bond is 150% of the estimated cost of improvements, for a total cash bond of $1,323,750. A check in this amount was received by the Treasurer's Office on June 3, 2004. PROJECT PROPOSAL: SUBDIVIDER: Ocean View School District, 17200 Pinehurst, Huntington Beach, CA 92647 ENGINEER: Canyon Consulting, 4665 Mac Arthur Court, Suite 200, Newport Beach, CA 92660 LOCATION: Northeast corner of Beach Boulevard and Warner Avenue ZONE: General Commercial (CG) GENERAL PLAN: MV-F10-d-a NO. OF ACRES: 25.9 NO. OF PARCELS: 4 Public Works Commission Action: Not applicable. 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). GAR C A\2004\04-053 June 21 Bogart(Lowes Subdivision and Bonds).doc -2- 6/7/2004 4:38 PM • REQUEST FOR ACTION • MEETING DATE: June 21, 2004 DEPARTMENT ID NUMBER:PW 04-053 Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Subdivision Agreement and Certificate of Insurance 3 Cash Bond Receipt T121921 RCA Author: S. Bogart GAR C A\2004\04-053 June 21 Bogart(Lowes Subdivision and Bonds).doc -3- 61712004 4:38 PM ATTACHMENT # 1 HEIL AVE ~ - J p m z Z _ J U Q m Z TERRY DR J L"STR LLL ROBIDOUX DR PROJECT Z J AREA o Z WARNER AVE RNER AVE F- z J EL RANCHO AVE m d BL YLO K DR o w O VALENCIA DR FRIESLAND DR J m F W Z m w Z SLATER AVE ocatLi on Map ATTACHMENT #2 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH , THE OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY AND LOWE'S HIW, INC. FOR PARCEL MAP NO. 2002-125 THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LOWE'S HIW, INC., a Washington corporation (hereinafter "LOWE'S"), and the OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY, hereinafter referred to as "OWNER." RECITALS WHEREAS, OWNER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, 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. 2002-125; and LOWE'S is the lessee of Parcels 1 and 2 of Parcel Map No. 2002-125; and As a condition of the approval of and prior to the recordation of this subdivision map, OWNER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and OWNER and LOWE'S desire 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 04agree/Loves/6/1/04 1 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, NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS LOWE'S hereby agrees to do and perform and pay for all of the work in said tracts required by the conditions of approval of the subdivision 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. LOWE'S 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 LOWE'S. 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. All labor and material bills therefor shall be paid solely by LOWE'S. CITY may withhold all occupancy permits until completion of all these improvements. 04agree/Lowes/6/1/04 2 2. ARTERIAL HIGHWAY IMPROVEMENT LOWE'S 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. 3. GUARANTEE LOWE'S 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 LOWE'S 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 LOWE'S 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, LOWE'S shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 04agree/Lowes/6/1/04 3 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 relieve LOWE'S of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from LOWE'S failure to comply with any of the terms and conditions hereof. 7. COSTS LOWE'S 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 LOWE'S 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, LOWE'S 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 Five Hundred Eighty Five Thousand Dollars ($585,000.00), which is one hundred percent (100%) of 04agree/Lowes/6/1/04 4 • • the estimated cost of the work. LOWE'S 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. With this security, LOWE'S 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 Two Hundred Ninety Two Thousand Five Hundred Dollars ($292,500.00), which is fifty percent (50%) of the estimated cost of the work. LOWE'S 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, LOWE'S guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to LOWE'S. LOWE'S 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 04agree/Lowes/6/1/04 5 0 0 until one (1) year after the work of improvement is finally accepted in writing by CITY, and LOWE'S may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS LOWE'S hereby agrees to protect, defend, indemnify and hold harmless CITY,its and OWNER, their respective officers, elected or appointed officials, employees, agents and volunteers from and against any and 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 or Owner. LOWE'S will conduct all defense at its sole cost and expense and CITY and/or OWNER, whichever or both are applicable, shall approve selection of LOWE'S counsel. This indemnity shall apply to all 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 LOWE'S. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY or OWNER 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 LOWE'S covenant to defend, hold harmless and indemnify CITY and OWNER, LOWE'S shall maintain a policy of general public liability insurance, including 04agree/Loves/6/1/04 6 motor vehicle coverage. Said policy shall indemnify LOWE'S, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of 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 ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name OWNER and City of Huntington Beach, and their respective 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 LOWE'S insurance shall be primary. The abovementioned insurance may include a deductible or self-insured retention not to exceed $ 3,000,000.00 so long as LOWE'S and its parent corporation maintain a combined net worth of at least Two Hundred Million Dollars ($200,000,000.000). Prior to commencing performance of the work hereunder, LOWE'S shall furnish to OWNER and CITY a certificate of insurance subject to approval of the City Attorney and OWNER 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. 04agree/Loves/6/1/04 7 LOWE'S 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 LOWE'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 of the policy of insurance. LOWE'S shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If LOWE'S 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 LOWE'S agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. LOWE'S and OWNER hereby consent 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, however, such entry shall not interfere with OWNER's use or operation of Parcels 3 and 4.. Once action is taken by CITY to complete or maintain the work, LOWE'S agrees to pay all costs incurred by CITY, even if LOWE'S subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow OWNER to file and record the Final Map or Parcel Map for the Subdivision. 04agree/Lowes/6/1/04 8 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to LOWE'S, OWNER 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, OWNER and LOWE'S 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: TO CITY: TO LOWE'S: City of Huntington Beach Lowe's HIW, Inc. ATTN: Director of Public Works ATTN: Albert Montes 2000 Main Street 1530 Faraday Avenue, Suite 140 Huntington Beach, CA 92648 Carlsbad, CA 92008 TO OWNER: Ocean View School District of Orange County ATTN: James R. Tarwater Huntington Beach, CA 92647 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 language in this Agreement shall be valid unless in writing and duly executed by the parties. 04agree/Lowes/6/1/04 9 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 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. 04agree/Lowes/6/1/04 10 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 LOWE'S 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 LOWE'S, OWNER 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. OWNER and LOWE'S understand that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by OWNER and LOWE'S. 22. ATTORNEY'S FEES 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 nonprevailing party. 04agree/Loves/6/1/04 11 • • 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 agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. SIGNATURES FOLLOW ON THE NEXT PAGE 04agree/Lowes/6/1/04 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on JZW67 oZ/ , 2004—. LOWE'S, LOWE'S HIW, INC, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ay r ITS: (circle one)Chairman/Presiden ice Presiden � /CX/- 4Z AND City Clerk �✓>ZY By: APPROVED AS TO FORM: t NH 0�G print name ITS: (circle one) Secretary/Chief Financial Officer/AD ecreta —Treasurer 1 ity Attorney I f� OWNER, INITI TED AN PPROVE OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY tty Engineer By. kZ-� / REVIEWED AND APPROVED: print name ITS: (circle on�resident/Vice President ity Administrator AND da- print name ITS: (circle one) Secretary ief Financial Officer sst. Secretary—Treasurer 04agree/Lowes/6/1/04 13 State of California ) ss. County of San Diego ) On av—vN-e � 2004, before me, �- _ ��'a�� notary public,personally appeared Mic ael L. Skiles and Thomas E. Maddox, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged 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 and official seal. Signature V A".` 0 U=L. FARACE Commission#1341006 Z Notary Public-California 7 San Diego County MY Comm.Expires Feb 22,2006 r State of California ) ss. County of San Diego ) L On 2004, before me, J notary public, p sonally appeared James R. Tarwater, personally known to me (or—p � the basis 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.SUSAN T.ORFILA Signature4u-'— K— j• &'�L _ Comminlon#t 1392419 -,. Notary Public-California Orange County My Comm.Explm Jan 30,2007 State of California ) ) ss. County of San Diego ) / On O & , 2004, before me, 6 -u ( , notary public, pefsonally appeared Mary Lou Beckmann, personally known to me (or proved to me on the basis or satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. 1 Signature SUSAN T.# FILA 139 Commission#� 1392419 .� Notary Public-California Orange County My Comm.Expires Jon 30,2007 Adilk .1�q2 '+ i - u e � - CERTIFICATE NUMBER MARSH ;CERTIF As.. -EY_OFrtINSURANCE _. ATL-000952479-01 - PRODUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 100 N.TRYON STREET,SUITE 3200 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE CHARLOTTE,NC 28202 fff P•v r AFFORDED BY THE POLICIES DESCRIBED HEREIN. FAX(704)374-8500 �1 LOW V#064-T CD P� COMPANIES AFFORDING COVERAGE COMPANY 7095-CASUA-ONLY-04-05 A AMERICAN HOME ASSURANCE COMPANY INSURED COMPANY LOWE'S COMPANIES INC. LRISK B NATIONAL UNION FIRE INSURANCE COMPANY AND SUBSIDIARIES PI1 j/p 4S P O BOX 1000 COMPANY MOORESVILLE,NC 28115 C COMPANY D rCOVERAGESIh; t r k: a w z n ted az s . ^ptg r Thls certificate supersedes and�replaces anypreTnously issued cetlficate for�the pollcyaper�od noybelow�_„• THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 5,000,000 B X COMMERCIAL GENERAL LIABILITY BE2978006 04/01/04 04/01/05 PRODUCTS-COMP/OP AGG $ 5,000,000 CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ OWNER'S&CONTRACTOR'S PROT - EACH OCCURRENCE $ 5,000,000 X qijh.iPrt in 17 FIRE DAMAGE(Any one fire) $ elf-Insured Retention MED EXP(Any oneperson) $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMB $ 3,000,000 A X ANYAUTO CA5188883(AOS) 04/01/04 04/01/05 A ALL OWNED AUTOS CA5188885(TX) 04/01/04 04/01/05 BODILY INJURY $ A SCHEDULED AUTOS CA5188908(VA) 04/01/04 04/01/05 (Per person) A HIREDAUTOS CA5188884(MA) 04/01/04 04/01/05 BODILY INJURY NON-OWNED AUTOS. (Per accident) $ PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ANY AUTOt`- QYBD AS TO F DRM OTHER THAN AUTO ONLY: {¢:��-w.";�� t`!'A.. • EACH ACCIDENT $ MUWMcGtAT7F AGGREGATE $ EXCESS LIABILITY ) E' EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM - $ WORKERS COMPENSATION ANDWC TATU• OTH � y EMPLOYERS'.LIABILITY TO RC ER s £% EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCLI EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - - Re: Lowe's Store#-Huntington Beach,CA. "General Liability"and"Automobile Liability"headings include Owner and the City of Huntington Beach,and their respective officers,officials,employees,agents and volunteers as additional insured,as their interest may appear,if required by written contract,subject to the terms and conditions of the policies. ;CERTIFICATE HOl DERV j rT �� r CANCELLATION?.t,. } K z Y� j' , �-f,. Ai ?41 4 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL—30 DAYS WRITTEN NOTICE TO THE City of Huntington Beach CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Director of Public Works 200 Main Street LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE Huntington Beach,CA 92648 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Diana Bentley q w p &A r .an'.:T. 2-✓.+ h X,.a' 'r�Y`+C r'q a<,�S r c.y 5 •Tx '� �. er_ n�,.{•. p 4 r, v �;;✓ '.,� ,a*y, ..... _L _«. 1 VALI , 1,: D AS OF 06/01/04 's•: i�` �;r- ��3 '$„r'�:L:�, a`,- -Y• � v €- - t ,�, -�'�`� ��r_, ,,��'L.,� z�,-.��+��..�L t<;�.� -,.? �s.,�a�-�'��-.. �, .�#> ,o-rr �.�� •� x S r �+ -......_....._MMI " ss DATE M/DD/YY DDy1Tl F� NAL�I N=FORMA`T1 =`W � �F � � ` �An o o_ss24�9 0; 06/01/04 �... -.f.:.�:z.2.7��.,.:�._«,a_�-:.:..� ......ffn�....,..-'Sri-........_:s�.:,$.a..�.-..rr �t..�v. `:h',.Y�-.. .*'s ,k�--r Y• .a.�.-.i PRODUCER COMPANIES AFFORDING COVERAGE MARSH 100 N.TRYON STREET,SUITE 3200 COMPANY CHARLOTTE,NC 28202 E FAX(704).374-8500 COMPANY F 47095-CASUA-ONLY-04-05 INSURED - - COMPANY LOWE'S COMPANIES INC. AND SUBSIDIARIES G P O BOX 1000 MOORESVILLE,NC 28115 COMPANY H ADDITIONAL INFORMATION: Policies referenced on page one under the"General Liability'and"Automobile Liability'headings include the certificate holder as additional insured,as their interest may appear,if required by written contract,subject to the terms and conditions of the policies. j=: "CERTIFICATEiHOLDERsa City of Huntington Beach Attn: Director of Public Works 200 Main Street Huntington Beach,CA 92648 MARSH USA INC.BY Diana Bentley a e-LL _ ._ -_ s INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECEIVED 1. Requested by: Terri Elliott, Public Works Engineering JUN 0 8 2004 2. Date: June 7, 2004 Jity of I-luntmgton Beach 3. Name of contractor/permittee: Lowe's HIW, Inc. CityAttorney's Office 4. Description of work to be performed: Constructing new warehouse per subdivision agreement with City of Huntington Beach, Ocean View School District/Orange County 5. Value and length of contract: -$600,000: complete by March '2005 & one year warranty 6. Waiver/modification request: $3,000,000 SIR/general liability & cancellation clause 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible and cancellation clause wording requirements 8. Identify the risks to the City in approving this waiver/modification: None. r- Department Head Signature Date: APPROVALS: Approvals must be.obtained in the-.ord fisted on this form. Two approvals are.required for a.request to be granted Approval from the.City Administrator's office is only required if Risk Management and the City.AtWney's Office disagree 1. Risk Management 0'Approved ❑ Denied Signature Date 2. tity Attorney's Office Approved ❑ Denied ignature D to 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modificaUon request<is to lie submitted toahe City Attorney s Office along with the:contract for approval:; Once<the contract has been a roved Pp . aFiis form is to be Bed ninth the:Risk Wnagement Division;of.Administrative Services; motor vehicle coverage. Said policy shall indemnify LOWE'S, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of 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 ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name OWNER and City of Huntington Beach, and their respective 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 LOWE'S insurance shall be primary. The abovementioned insurance may include a deductible or self-insured retention not to exceed $ 3,000,000.00 so long as LOWE'S and its parent corporation maintain a combined net worth of at least Two Hundred Million Dollars ($200,000,000.000). Prior to commencing performance of the work hereunder, LOWE'S shall furnish to OWNER and CITY a certificate of insurance subject to approval of the City Attorney and OWNER 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. 04agree/Lowes/6/1/04 7 ATTACHMENT #3 i . .. .. s . . CASH BOND--RECEIPT CITY OF hUINT_INCGTON b4tACh . P.O.BOX 711 HUNTINGTON BEACH,CAUFORNIA 92648 HUNTINGTON BEACH (714)536.5200 - t CITY TREASURER-SHARI L.FREIDENRICH DATE `IS r 4)y RECEIVED FROM ADDRESS rca O FOR AMOUNT RECEIVED F CASH' ❑CMECR $ 9 RECEIVED BY CASH BOND ACCT. 706.22090 DESCRIPTION 'PERMIT NUMBER`' AMOUNT BUILDING MODELS BUILDING RELOCATION SUBDIVISION SIGN CASH BOND—OTHER Business Unit object.... Sub-A66ount. Amount, ...... ____ TOTAL$ -� I i i I i ; DATE PAID CHECK NO. BY No. T21921 CUSTOMER COPY � J • 0 RCA ROUTING INITIATING DEPARTMENT: Public Works SUBJECT: Lowe's Subdivision Agreement and Cash Bond COUNCIL MEETING DATE: June 21 , 2004 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) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable 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 FOR ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) rcity Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: S. Bogart FE REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Public Works Subject Approve Lowe's Subdivision Agreement Council Meeting Date: Date of This Request: 6/8/04 6/21/04 REASON (Why is this RCA being submitted late?): Contract signatures and insurance waivers were delayed due to changes in previously agreed upon insurance components of the contract. EXPLANATION (Why is this RCA necessary to this agenda?): To expedite completion of the agreement and recording of the subdivision map. CONSEQUENCES (How shall delay of this RCA adversely impact the City?): Map recording will be delayed, thereby delaying issuance of building permits. ture: Approved 0 Denied Department Head 7 Penelobreth-Graft p City Administrator Itsuhmtl Revised 07/14/94