HomeMy WebLinkAboutApprove and Accept Public Improvements for the Slater Storm RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
H
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE: Jlln /, ?d2
SUBJECT: Bond Acceptance
I have received the bonds for J/V,el I///WJ`W(r/wl'f-h/o
(Company Name)
CAPITAL PROJECTS (Includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No.
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No. 01�5/�O�
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. Ot5 Approved sl3/-22i
(Council Approval Date)
CC No. Agenda Item No. I
MSC No. City Clerk Vault No. �>���• ll'()
Other No. SIRE System ID No. �
g:/forms/bond transmittal to treasurer
lvmdva) 7-0
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2000 Main Street,
Huntington Beach, CA
92648
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City of Huntington Beach
File #: 22-323 MEETING DATE: 5/3/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Sean Crumby, Director of Public Works
PREPARED BY: Bob Milani, Principal Civil Engineer
Subject:
Approve and accept Public Improvements for the Slater Storm Water Pump Station and
release the Securities posted with Tract 15377
Statement of Issue:
Shea Homes Limited Partnership, A California Limited Partnership, the subdivider of Tract 15377, has
completed all required public improvements related to the Slater Storm Water Pump Station and is
now eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act.
Financial Impact:
No City resources required with this action
Recommended Action:
A) Accept the improvements constructed to the Slater Storm Water Pump Station with Tract 15377
(Attachment 1) and instruct the City Clerk to record the "Notice of Acceptance of Public
Improvements" (Attachment 2) with the Orange County Recorder; and,
B) Release the Faithful Performance Bond No. 0195161, Labor and Materials Bond No. 0195161,
pursuant to the California Government Code Section No. 66499.7(a); and,
C) Accept Guarantee and Warranty Bond No. 0195161 M (Attachment 3): the security furnished for
guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the
City Treasurer; and,
D) Instruct the City Clerk to notify Shea Homes Limited Partnership, the subdivider of Tract No.
15377, and the City Treasurer to notify Berkley Insurance Company of these actions.
City of Huntington Beach Page 1 of 3 Printed on 4/27/2022
90
File #: 22-323 MEETING DATE: 5/3/2022
Alternative Action(s):
Deny the recommended action. Denying the recommended action may violate the Subdivision Map
Act whereby:
1. Section 66499.7 of the Government Code requires that the securities given for the faithful
performance of constructing the public improvements shall be released upon acceptance of
the work.
2. Section 66499.9 of the Government Code requires the Guarantee and Warranty of the work
for a period of one year following completion and acceptance of the improvement against any
defective work, labor and materials furnished. Denying the acceptance of the Guarantee and
Warranty bond may place undue burden and cost upon the city for correcting any defective
work, labor and material provided by the subdivider.
Analysis:
On June 1, 2009, City Council approved Final Tract Map No. 15377 and the Subdivision Agreement
between the City of Huntington Beach and Shea Homes and also accepted the required bonds. The
subdivider has now completed the below public improvements and is requesting release of the
aforementioned securities, pursuant to California Government Code Section 66499.7(a). The
constructed improvements include all work and material related to the Slater Storm Water Pump
Station.
The City Engineer has determined that this public improvement has been constructed in substantial
compliance with the approved plans and specifications and recommends acceptance of the
improvement. Shea Homes has provided a Guarantee and Warranty Bond No. 0195161 M as security
for the one-year warranty period and is now requesting acceptance of this bond.
Following is a list of the project data:
SUBDIVIDER: Shea Homes Limited Partnership
2 Ada, Suite 200, Irvine, CA, CA 92618
ENGINEER: Hunsaker and Associates
3 Hughes, Irvine, CA 92618
LOCATION: 17301 Graham Street (west side of Graham Street, south of Warner Avenue, adjacent
to the Wintersburg Flood Control Channel)
NO. OF ACRES: 45 acres
NO. OF UNITS: 111 detached single family residential units
SURETY: Berkley Insurance Company, 475 Steamboat Road, Floor 1, Greenwich, CT 06830
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
City of Huntington Beach Page 2 of 3 Printed on 4/27/2022
powereA� LegistarT'"
File #: 22-323 MEETING DATE: 5/3/2022
14, Chapter 3, Section 15268(b).
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Location Map
2. Notice of Acceptance of Public Improvements
3. Guarantee and Warranty Bond No. 0195161 M
City of Huntington Beach Page 3 of 3 Printed on 4/27/2022
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CITY OF HUNTINGTON BEACH
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ORANGE COUNTY CALIFORNIA m
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Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
II I I II II III II I I I I I I I I I I II NO FEE
* $ R 0 0 1 3 7 6 6 6 9 9 $
Recording requested by, 20220002005441:33 pm 06/01/22
and when recorded return to: 227 RW9A A04 2
0.00 0.00 0.00 0.00 3.00 0.00 0.000.000.00 0.00
Robin E0stanislau,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190-2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on March 29, 2022, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach, as described on Final Map No. 15377 (Parkside Estate Subdivision).
Public improvements constructed consist of all work related to the Slater Avenue Storm Water
Pump Station per plans and specifications: TR 15377/L#14-146.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action
Taken at the April 19, 2022 City Council Meeting Submitted for Recordation by the Orange
County Recorder.
Attest /�i4�[' ��j 2022
City Clerk and Ex-officio Clerk f t ity Council of the City of Huntington Beach, California
By
i
CITY OF TING ON BEACH
By: (-it y Engineer
i
This docurnant tS soley for the offk iel
badness of the City of Huntlrgton Beach,
as oonternpiated under Govern m"Code
Sec.27383 and shoLdd-be recorded fne
of chtrye.
Recording requested by,
and when recorded return to:
Robin estanislau,City Clerk '
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on March 29, 2022, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use.
Further, the public improvements of the subdivision have been dedicated to the City of
Huntington Beach, as described on Final Map No. 15377 (Parkside Estate Subdivision).
Public improvements constructed consist of all work related to the Slater Avenue Storm Water
Pump Station per plans and specifications: TR 15377/L#14-146.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action
Taken at the April 19, 2022 City Council Meeting Submitted for Recordation by the Orange
County Recorder.
Attest /I')/y(D 2022
City Clerk and Ex-officio Clerk f t ity Coun '1 of the City of Huntington Beach,California
By
CITY OF TINGTON BEACH
By: ity Engineer
This documwt is sc4ely for the official
bentlnsss of the City of Huntk►pton Beach,
as ooMemplatesd under Goverxnent Code
Sec. 27383 and should be recorded free
of charge.
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On March 31, 2022 before me, Donna Switzer, Notary Public, personally appeared
Patty Esparza and Thomas Herbel who proved to me on the basis of satisfactory
evidence 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
DONNA SWITZER
WITNESS my hand and official seal. „ COMMISSION a 2311MI
t► Notary Public-CaMomin
ORANGE COUNTY
Mr comm.Ewn um 5.2023
AO�'X�� (Seal)
(Notary Signature)
BOND NO. 0195161 M
PREMIUM Included in the Performance Bond
GUARANTEE AND WARRANTY BOND
WHEREAS, Shea Homes Limited Partnership,a California Limited Partnership as
a Principal,and Berkley Insurance Company a
corporation organized under the laws of the State of Delaware
and duly authorized to do business in the State of California,as Surety,are held and firmly bound
unto the City of Huntington Beach,California,as Obligee,in the penal sum of Two Hundred Thirty Seven Thousand
Three Hundred Seventy-Seven and 101100---($237,377.10),representing 10 percent of the contract price
entered into between the Principal and Obligee,to which payment well and truly to be made we do
bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and
severally.
WHEREAS,the said Principal entered into a contract with said Obligee,dated December 7,
2015 for work described as follows:
Parkside Estates—Subdivision Improvements Tract No.15377(R)and 15419(R)
Slater Pump Station(Plan L14-146)
WHEREAS,said contract provides that the Principal will furnish a bond conditioned to
guarantee and warrant for the period of one year after completion of the work and acceptance thereof
by the Obligee,against all defects in workmanship and materials during said one-year period.
WHEREAS,said work has been completed,and accepted by Obligee on / ►� J�%
02(�v2oZ
NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or
workmanship,which become apparent during the period of one year from and after date of
completion of work and acceptance thereof by Obligee.
In witness whereof,this instrument has been duly executed by the principal and surety above
named,on March 8th ,20 22
Shea Homes Limited Partnership,a California Limited Partnership
see attached sianature block as Principal
B APPROV D AS TO FORM
'JAN=MONROE, Attorney-in-Fact
Bv:
t Q MICHAEL E.GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
Bond Number:0195161 M
SHEA HOMES LIMITED PARTNERSHIP,
a California limited partnership
By: A. ��
Name:
Title: Cory Yoder
Authorized Agent
By
NawC1 Gina Gordon
Title: Authorized Agent
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On March 29, 2022 before me, Bonnie MacEwan-Campbell, Notary Public
(insert name and title of the officer)
personally appeared --------------- Cory Yoder and Gina Gordon -------------------------�
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
&&.91baMWA16W3j
WITNESS my hand and official seal. BONNIEMACEWAN-CAMPBELL
Notary Public-California
Orange County
= 1 Commission#2239892
My Comm.Expires May 24,2022
Signature �. c'` JcOcp\��_ (Seal)
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached,and not the truthfulness,accuracy,or validity of that document.
State of California }
County of Orange }
On MAR 0.8 NP? before me, Gina L Garner, Notary Public
ere insert name an e o e o leer
personally appeared Janina Monroe
r
who proved to me on the basis of satisfactory evidence to be the person(W whose
name0s) is/aR subscribed to the within instrument and acknowledged to me that
Wshe/tom/executed the same in leis/her/ftmir authorized capacity0esX and that by
JaWherftsk signature(* on the instrument the person!(o, or the entity upon behalf of
which the person(M acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
GINA L.GARNER
WITNESS m hand and official seal. - Nota 0 angle County
California
Y �gam, .- o
Commission H 2361777
°•t rc•"� My Comm,Expires Jun 18,2025
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with cun•cnt California statutes regarding notate wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,should be completed andatrached to the document.Acknohredgentsft•ont
other states uray be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary Imr.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be die same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
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CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect romrs(i.e,
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Impression trust not cover text or lines.If seal impression smudges,re-seal if a
Tlt a sufficient area permits,otherwise complete a different acknowledgment form.
s • Signature of the notary public must match the signature on file with the office of
❑ Partner
( ) the county clerk.
la Attorney-in-Fact ev Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer.if the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version wv./w.NotaryClasses.com 800-873-98E5 Securely attach this document to the signed document with a staple.
No.BI-7798e-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted
and appointed, and does by these presents make,constitute and appoint: Janina Monroe; Thomas G. McCall;Michelle Haase;
Timothy J. Noonan; or Martha Barreras of Lockton Companies,LLC dba Lockton Insurance Brokers, LLC of Irvine CA its
true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal,acknowledge and deliver
any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall
exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with,and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and further
RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
mariner and to the extent therein stated;and further
RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WTI'NESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this eth day of • March 2022 .
\ RAIVCe Attest: Berkl Insurance Company
j s ii B B '
y y
.4
derman Je after
m 1979 '�
glawnP1- Executive Vice President&Secretary Se ' resident
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIE+ LD )
Sworn to before me,a Notary Public in the State of Connecticut,this 14th day of December 2021 Lederman. by Ira S.Ledan
and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President,
respectively,of Berkley Insurance Company. M NOTARY Pua(Icy
CONNECTICUf
MYC APHISON L30,2024PIRES otir Public,State of Connecticut
CERTIFICATE
I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded
an VRAnq authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
shed,is in full force and effect as of this date.
' SEAT. der my hand and seal of the Company,this day of
s
w
Vincent P.Forte
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Fe : Office of the City Clerk
17 1909
Robin Estanislau, City Clerk
June 1, 2022
Shea Homes Limited Partnership
2 Ada, Suite 200
Irvine, CA 92618
To Whom It May Concern:
Re: Accept public improvements, release securities for Tract 15377 (Parkside Estate
Subdivision) and accept Guarantee &Warranty Bonds
Please be advised that on Tuesday, May 3, 2022, the City Council of the City of Huntington
Beach took the following action:
Approved and accepted the public improvements, released the securities for Tract 15377
(Parkside Estate Subdivision) and accepted Guarantee &Warranty Bonds
A) Accepted the improvements constructed to the Slater Storm Water Pump Station with Tract
15377 and instructed the City Clerk to record the "Notice of Acceptance of Public
Improvements" with the Orange County Recorder; and,
B) Released the Faithful Performance Bond No. 0195161, Labor and Materials Bond No.
0195161, pursuant to the California Government Code Section No. 66499.7 (a); and,
C) Accepted Guarantee and Warranty Bond No. 0195161 M; the security furnished for
guarantee and warranty of public improvements, and instructed the City Clerk to file the bond
with the City Treasurer; and,
D) Instructed the City Clerk to notify the developer, Shea Homes Limited Partnership, the
subdivider of Tract No. 15377, and the City Treasurer to notify the Surety, the Philadelphia
Indemnity Insurance Company, of this action.
Sincerely, Q
Robin Estanislau
City Clerk
RE: ds
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
g:/followu p/tract/acceptp u bl icim p-notice.doc
procedure#22
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE: J14071, /; 242z
SUBJECT: Bond Acceptance
(� / , 4
I have received the bonds for V � u
(Company Name)
CAPITAL PROJECTS (Includes CC's and MSC's)
Performance Bond No.
Payment Bond (Labor and Materials) Bond No.
Warranty or Maintenance Bond No.
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. 5j 3- Approved
(Council Approval Date)
CC No. Agenda Item No. I
MSC No. City Clerk Vault No.
Other No. SIRE System ID No. TED
g:/forms/bond transmittal to treasurer