Item 11 - Release of Improvement Bonds for Heritage Pointe AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana,~
INITIATED BY: Niall Fritz, Director of Development ServicesW~
DATE: April 15, 2003
SUBJECT: Release of Improvement Bonds for Heritage Pointe, TTM 89-13R, Phase 1, Unit 2;
Brett Ames, McCullough-Ames Development, Inc., Applicant; APNs 277-170-14
through 19.
ABSTRACT
Heritage Pointe is a 5-lot residential subdivision located at the northern terminus of Del Paso Drive
(Attachment 1 ). The public improvements for Heritage Pointe have been completed, and the applicant
has requested the City release the securities. The improvements consist of the northerly extension of
Del Paso Drive and the associated curb, gutter, paving, water, and sewer facilities.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Brett Ames, McCullough-Ames Development, Inc.
RECOMMENDATION
It is recommended that the City Council approve the release of the following securities:
Performance Bond No. 824892S $476,000
Payment Bond No. 824892S $238,000
Monument Bond No. 824893S $ 7,500
ACTION
M:\engserv\03Reports\TTM 98-02 Hedtage Ranch Estates~summary.doc
1 of 13 April 15, 2003 Item #/r/
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AGENDA REPORT
This report is included on the Consent Calendar, There will be no separate discussion of the report prior to approval by the City Council unless
members of the Council. staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this
report pulled for discussion, p~ease fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council
meeting.
TO: Honorable Mayor and Members,.o.~e City Council
FROM: James L. Bowersox, City Mana~[:~
INITIATED BY: Niall Fritz, Director of Developme~t Services
Javid Siminou, City Engineer ~'~
Kenneth Quon, Senior Civil Engineer
DATE: April 15, 2003
SUBJECT: Release of Improvement Bonds for Heritage Pointe, TTM 89-13R,
Phase 1, Unit 2; Brett Ames, McCullough-Ames Development, Inc.~
Applicant; APNs 277-170-14 through 19.
BACKGROUND
Heritage Pointe is a 5-lot residential subdivision located at the northern terminus of Del
Paso Drive (Attachment 1).
The public improvements for Heritage Pointe have been completed, and the applicant has
requested the City release the securities. The improvements consist of the northerly
extension of Del Paso Drive and the associated curb, gutter, paving, water, and sewer
facilities. The following securities were posted by the applicant for these improvements:
Performance Bond No. 824892S $476,000 (Attachment 2)
Payment Bond No. 824892S $238,000 (Attachment 3)
Monument Bond No. 824893S $ 7,500 (Attachment 4)
FINDINGS
Staff concurs that the improvements have been constructed to City standards. The
applicant has posted a one-year Warranty Bond and the subject improvement securities
may be released.
2 of 13 April 15, 2003 Item
Agenda Report
April 15, 2003
Page 2
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Brett Ames, McCullough-Ames Development, Inc.
RECOMMENDATION
It is recommended that the City Council approve the release of the following securities:
Performance Bond No. 824892S $476,000
Payment Bond No. 824892S $238,000
Monument Bond No. 824893S $ 7,500
- JLB:NF:JS:KQ:pjp
ATTACHMENTS:
1. Vicinity Map
2. Performance Bond No. 824892S
3. Payment Bond No. 824892S
4. Monument Bond No. 824893S
M:\engserv\03Reports\TTM 89-13R HERITAGE POINTE~genda rpt.doc
3 of 13 April 15, 2003 Item
DEL PA',
DRIVE
VERDE __
DRIVE
ESPOLA ROAD
ANDREWS
DRIVE
NOT TO SCALE
4 of 13 ATTACHMENT 1 April 15, 2003 item #./l__
BOND NO. 824892s
t ,280.00 PREMIUM IS FOR A TERM
o~ TWO (2) YEARS
PERFORMANCE BOND
( TN 89-13R, The Heritaqe,,,,Phase 1, Unit 2 )
We, Heritaqe Pointe. LLC, as Principal. and
INDEMlqITY COMP2~NY OF CALIFORNIA
as Surety. jointly and severally. Tirmly bind ourselves, our heirs.
representatives, successors and assigns, as set forth herein, to.the City of
Poway ("City") for payment of the penal sum of Four Hundred Seventy Si~
: Thousand find no/lO0 U.S. Dollars ($ 476.000.00 ). City and Principal have
entered into an agreement or are about to enter into the agreement attached
hereto and incorporated by reference, for the construction of public
improvements for the above referenced property. Surety herein approves of the
terms and conditions of said agreement and binds itself to faithfully perform
the obligations of Principal therein if Principal fails to so perform. Surety
acknowledges that the agreement herein referenced shall be that document as
executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all
things stand to and abide by. and well and truly keep and perform all of the
- covenant~ conditions, and provisions in said agreement, and any alteration
thereof made as therein provided, on Principal's part to be kept and performed
at the time and in the manner therein specified, and shall indemnify and save
harmless the City. City's Engineer, and their consultants, and each of their
officials, directors, officers, employees, and agents, as therein stipulated.
then this obligation shall become null and void: otherwise, it shall be and
remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the
agreement upon Principal's default after notice and within the time specified
in the agreement, Surety will promptly on demand deposit with City such amount
as City may reasonably estimate as the cost of completing all of Principal's
obligations. Surety's obligation for payment herein shall extend
notwithstanding any controversy between Principal and City regarding
Principal's failure under the agreement. Principal and Surety agree that any
payment by Surety pursuant to this paragraph should be conclusively presumed
between the parties herein to relieve, as demanded, Surety's obligations
herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time. alteration, or addition to
(City of Poway)
(4/96) Performance Bond - Page I of 3
5 of 13 ATTACHMENT 2 April 15, 2003 Item
the terms of the agreement, or the work to be perTormea tnereunoer or ~ne
plans and specificatio, or any matters unknown to Sur which might affect
Surety's risk shall in any wise affect its obligation on this bond. and it
does thereby waive notice thereof,
Principal and Surety agree that if the City is required to engage the services
of an attorney in connection with the enforcement of this bond, each shall pay
City's reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Executed this 29TH day of SEPTEMBER , 20 oo
(Seal of Corporation) PRINCIPAL Heritaqe Pointe, LLC.
5142 Avenida Encinas
Cartsbad, CA 92008
(Attach Acknowledgment of Principal)
Any claims under this bond may be addressed to: (check one)
Sunety's agent for service of
process in California (X)INDEMNITY COMPANY OF CALIFORNIA
Surety Company
INDEMNITY COMPANY OF CALIFORNIA 17780 FITCH
Name Street Number
17780 FITCH IRVINE, CA 92614
Street Number City and State
IRVINE, CA 92614 800-782-1346
City and State Telephone N~j>F_/~.-
Telephone Number A(~b~l~e~ in Fact or other
Representative
WENDY H. DOWNS, ATTORNEY-IN-F~CT
(Attach Acknowledgment)
( )
(City of Poway)
(4/96) Performance Bond - Page 2 of 3
6 of 13 April 15, 2003 Item Cf f~ ~
company Agent --
APPROVED: 4330 LA JOLLA VILLAGE DRIVE, SUITE 270
Street Number
SAN DIEGO, CA 92122
City Attorney City and State
858-455-4888
Telephone Number
Furnish the name, address, and phone number of the Company Agent as well as
the Surety Company.
Sureties must be authorized to do business in and have an agent for service of
process in California and be on the accredited list of the United States
Treasury Department. (their bonds will be limited to such amounts as would be
acceptable to the Treasury Department) and otherwise meet the requirements of
paragraph 5 of the agreement.
(NOTICE: No substitution or revision to this bond form will be accepted)
(City of Poway)
(4/96) Performance Bond - Page 3 of 3
7
of 13
April15,2003 Item~J
~OND NO. 824892S
._.EMIUM INCLUDED IN PERFORMANCE
BOND
PAYMENT BOND
( TM 89-13R, The Heritaqe, Phase ], Unit 2 )
We. Heritaq~ Pointe. LLC. . as Principal, and
IND~MI~I~Z COM~¥ OF CALIFO]~NIA as Surety, jointly and severally, firmly bind
ourselves, our heirs, representatives, successors and assigns, as set forth
herein, to the City of Poway ("City") for payment of the penal sum of
Two Hundred Thirty Eiqht Thousand an~ ng/]O0 U.S. Dollars
-($ 238.000.00 ). Cit~ and Principal hage enfered into an agreement or are
about to enter into the agreement attached hereto and incorporated by
reference, for the construction of public improvements for the above
referenced property. Surety herein approves of the terms and conditions of
said agreement and binds itself to faithfully perform the obligations of
Principal therein if Principal fails to so perform. Surety acknowledges that
the agreement herein referenced shall be that document as executed by City and
Principal. If Principal or any of Principal's contractors or subcontractors.
fails to pay any of the persons named in Title 15 of the California Civil Code
employed in the performance of the agreement for materials furnished or for
labor thereon of any kind. or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, then Surety will pay the same in an
amount not exceeding the sum specified above, and also will pay. in case suit
is brought upon this bond. such reasonable attorney's fees as shall be fixed
by the.court.
Surety agrees that it will pay the amounts due the persons above named and
diligently perform the agreement upon Principal's default after notice and
within the time specifie~ in the agreement. If Surety fails to perform within
the times specified in the agreement. Surety will promptly on demand deposit
with City such amount as City may reasonably estimate as the cost of
completing all of Principal's obligations. Surety's obligation for payment
herein shall extend notwithstanding any controversy between Principal and City
regarding Principal's failure under the agreement. Principal and Surety agree
that any payment by Surety pursuant to this paragraph should be conclusively
presumed between the parties herein to relieve, as demanded. Surety's
obligations herein and shall be deemed proper payment as between Principal and
Surety.
This bond shall insure to the benefit Of any and all of the persons named in
Title 15 of the California Civil Code. so as to give a right of action to them
or their assigns in any suit brought upon this bond.
(City of.Poway) Payment Bond - Page 1 of 3
(4/96) (Labor & Materials)
of 13 ATTACHMENT3 April l5,2003 Item# II
Surety agrees that no c~-]ge, extension of time. alterat--'l, or addition to
the terms of the agreemeHt, or the work to be performed t.ereunder or the
plans and specifications, or any matters unknown to Surety which might affect
Surety's risk shall in any wise affect its obligation on this bond. and it
does thereby waive notice thereof.
Principal and Surety'agree that if the City become a party to any action on
this bond that each will also pay City's reasonable attorney's fees incurred
therein in addition to the above sum.
Executed this 29TH day of SEPTEMBER , 20 oo
(Seal of Corporation) PRINCIPAL Heritaoe Pointe, LLC.
5142 Avenida Encinas
Carlsbad, CA 92008
(Attach Acknowledgment of Principal)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service of
process in California (x)INDEMNITY COMPANY OF CALIFORNIA
Surety Company
INDEMNITY COMPNAY OF CALIFORNIA 1~780 FITC~
Name Street Number
17780 FITCH IRVINE, CA 92614
Street Number City and State
IRVINE, CA 92614 800-782-1546
City and State Tel ephon/e/Nu~/~'~ ~/' j~/~/~
800-782-1546 By: At~n~ey~i ~
Telephone Number n Or other
Representative
WENDY H. DOWNS, ATTORNEY-IN-FACT
(Attach Acknowledgment)
(City of Poway) Payment Bond - Page 2 of 2
(4/96) (Labor & Materials)
9of13 April15,2003 Item# }J
( ) COGDILL BONDING ! ~ INSURANCE SERVICES, INC.
Company Agent
APPROVED: 4330 LA JOLLA,VILLAGE DRIVE, SUITE 270
Street Number
SAN DIEGO, CA 92122
City Attorney City and State
858-455-4888
Telephone Number
Furnish the name. address, and phone number of the Company Agent as well as
the Surety Company.
Sureti-es must be,authorized to do business in an~ have an agent for service o¥
process in California and be on the accredited list of the United States
Treasury Department. (their bonds will be tqmited to such amounts as would be
acceptable to the Treasury Department) and otherwise meet the requirements of
paragraph 5 of the agreement.
NOTICE: No substitution or revision to this bond form will be accepted)
(City of Poway) Payment Bond - Page 3 of 3
(4/96) (Labor & Materials)
10 of 13 April 15, 2003 Item ~_ fl ~_
)ND NO. 824893S
$300.00 PREMIUM IS FOR A TERM
OF TWO (2) YEARS
MONUMENT
PERFORMANCE BOND
( TM 89-13R, The Heritaqe, Phase 1, Unit 2 )
We. Heritaqe Pointe, LLC. as Principal, and
INDEMNITY COMPANY OF CALIFORNIA . as Surety.
jointly and severally, firmly bind ourselves, our heirs, nepresentatives.-' ·
successors and assigns, as .set forth herein, to the Citx-of Poway ("~ity") for
'payment of 'the penal su~ of 'S~ven Thousand Five Hundred and no/lO0
U.S. Dollars ($ 7,500.00 ). City and Principal have entered into an agreement
or are about to enter into the agreement attached hereto and incorporated by
reference, for the construction of public improvements for the above
referenced property. Surety herein approves of the terms and conditions of
said agreement and binds itself to faithfully perform the obligations of
Principal therein if Principal fails to so perform. Surety acknowledges that
the agreement herein referenced shall be that document as executed by City and
Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all
things stand to and abide by. and well and truly keep and perform all of the
covenant, conditions, and provisions in said agreement, and any alteration
thereof made as therein provided, on Principal's part to be kept and performed
at the time and in the manner therein specified, and shall indemnify and save
harmless the City. City's Engineer. and their consultants, and each of their
officials, directors, officers, employees, and agents, as therein stipulated,
then this obligation shall become null and void; otherwise, it shall be and
remain in full force and,effect.
Surety agrees that should it fail to take over and diligently perform the
agreement upon Principal's default after notice and within the time specified
in the agreement, Surety will promptly on demand deposit with City such amount
as City may reasonably estimate as the cost of completing all of Principal's
obligations] Surety's obligation for payment herein shall extend
notwithstanding any controversy between Principal and City regarding
Principal's failure under the agreement. Principal and Surety agree that any
payment by Surety pursuant to this paragraph should be conclusively presumed
between the parties herein to relieve, as demanded. Surety's obligations
herein and shall be deemed proper payment as between Principal and Surety.
-' (4/96) Page 1 of 3
11of13 ATTACHMENT4 April15,2003 Item#
Surety agrees that no change, extension of time. alteration, or addition to
the terms of the agreement, or the wore to be performed thereunder or the
plans and specifications, or any matters unknown to Surety which might affect
Surety's risk shall in any wise affect its obligation on this bond, and it
does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services
of an attorney in connection with the enforcement of this bond. each shall pay
City's reasonable attorney's fees incurred, with or w~thout suit. ~n addition
to the above sum.
(MONUMENT)
Executed this 29TH day of SEPTEMBER , 20OO
(Seal of Corporation) PRINCIPAL Heritaqe Pointe, LLC.
5142 Avenida Encinas
Carlsbad, CA 92008
(Attach Acknowledgment of Principal)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service of
process in California (x)i~zo~i~ CO~mA~r~ OF CALIFO~I~
Surety Company
INDEMi~ITY COMPL~NY OF CALIFORNIA 17780 FITCH
Name Street Number
17780 FITCH IRVINE~ CA 92614
Street Number City and State
IRVINE, CA 92614 800-782-1546
City and State Telephone~N~r//~/~ ~
800-78~-1546
By:
At~/~e~ in Fact or other
Telephone Nu tuber ~/~/~'2~/~
Repffesentative
WENDY H. DOWNS, ATTORNEY-IN-FACT
(Attach Acknowledgment)
) COGDILL BONDING AND INSURANCE SERVICES, INC.
Company Agent
APPROVED: 4330 LA JOLLA VILLAGE DRIVE, SUITE 220
Street Number
SAN DIEGO, CA 92122
City Attorney City and State
858-455-4888
Telephone Number
Furnish the name. address, an~ phone number o~ the Company Agent as well as
the Surety Company.
Sureties must be authorized to do business in and have an agent for service of
process in California and be on the accredited list of the United States
Treasury Department. (their bonds wil be limited to such amounts as would be
acceptable to the Treasury Department and otherwise meet the requirements of
paragraph 5 of the agreement.
(NOTICE: No substitution or reviston to this bond form will be accepted)
~' 13 ofC¢~96) April 15,P2:~3 I~r~3#_ '/I -