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06-0307_VALLE RANCH LLC_Contstruction Agreement,J 0 AGREEMENT FOR CONSTRUCTION OF SEWER AND WATER FACILITIES THIS AGREEMENT, dated this 2006, by and between VALLE RANCH, owned by VALLE RANCH, LLC, a Delaware Limited Liability Company, hereinafter called "Developer", and CITY SAN JUAN CAPISTRANO, hereinafter called "City". WITNESSETH: WHEREAS, Developer wishes to obtain sewer and water services from the CITY OF SAN JUAN CAPISTRANO, hereinafter called "CITY" for property known as Tract 16678 located at 33272, 33302, and 33332 Valle Road, S.J.C., CA, and City requires the construction and dedication of Sewer and Water Facilities by Developer as a condition of providing said public sewer and water services; and WHEREAS, Developer has prepared and submitted to City a set of improvement plans for said Sewer and Water Facilities, and WHEREAS, Developer has constructed said Sewer and Water Facilities at their own risk and wishes to enter into this Agreement to ensure compliance with City regulations and procedures in order for the City to accept said facilities, and WHEREAS, City desires to insure that said Sewer and Water Facilities are installed in accordance with City's Sewer and Water standards and specifications. NOW, THEREFORE, it is hereby agreed by and between Developer and City that: I. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the Sewer and Water Facilities shown and delineated upon the improvement plans titled "WATER SD AND SEWER PLANS FOR VALLE RANCH" as approved by the Water Engineering 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch —Tract 16678 E Manager and the City Engineer of the City and on file with said City and by reference made a part of this Agreement as though fully set forth herein. If construction of Sewer Facilities has not started within the terms of this agreement, the developer must request a permit extension from the City Engineer prior to the expiration of this agreement. If construction of the Water Facilities has not started within the terms of this agreement, the developer may request a permit extension in accordance with section Water Standard Specifications, sections 300.13.3 and section 300.13.3.1. 2. Developer shall construct said Sewer and Water Facilities in accordance with the approved plans, City's Sewer and Water standard specifications under City's inspection. II. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by City, unless the developer has received prior approval to use a jumper and a jumper account has been authorized by the City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $500.00 per day for unmetered use of City's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. AGREEMENT - Page 2 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 3. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited without prior approval. 4. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. III. FEES, CHARGES, AND SECURITIES 1. Developer paid the prevailing water development fees on May 13, 2005 for the City to provide permanent water service to said property, which fees paid to the City are the following sums: (a) $11,186.06 for the costs of City's plan review, inspection of construction and the control thereof, and for the testing of materials which sum is based upon the estimated construction cost of $160,794.90. (b) $2,700 for the furnishing and installation by City of all permanent water meters which sum is based upon a fee of $450 per 2 -inch meter and the following number and size of meters: five (5) 2 -inch domestic and one (1) 2- inch irrigation. (c) $17,590.40 for Capital Improvement Charges based upon ($.40 per square foot of new building area or $2,471 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (d) $26,385.60 for Water Storage Charges based upon ($.60 per square foot of new building area or $2,955 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (e) $23,131.38 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate based upon ($.526 per square foot of new building area or $3,210 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. 2. When additional buildings on this property are constructed, AGREEMENT - Page 3 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 additional development fees shall be paid prior to additional service being provided. 3. Developer shall pay the prevailing Sewer fees prior to Building permit issuance for the construction of public sewer improvements for all sewer plan check charges, inspection fees, and all sewer connection charges in accordance with the City's prevailing fee payment schedule. 4. Developer shall, at all times, prior to construction and/or beginning with the execution of this agreement, guarantee Developer's performance of this agreement by providing City and paying for the following auto -renewable security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and B. In order to guarantee and warranty Sewer and Water Facility Improvements and in addition to the security instruments described herein, Developer shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Sewer and Water Improvements and recordation of a Notice of Completion, Developer shall AGREEMENT - Page 4 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 provide to City a Warranty Bond for Sewer and Water Improvements warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Sewer Improvements shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. The amount of such Warranty Bond for Water Improvements shall be equal to One Hundred and Ten percent (110%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the Water Engineering Manager. IV. GUARANTEE Developer hereby guarantees the materials and the workmanship of the Sewer and Water Facilities for a period ending 365 consecutive calendar days after the acceptance of said Sewer and Water Facilities by City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by City within the aforesaid guarantee period. V. GENERAL 1. Developer hereby offers to dedicate to City the public Sewer and Water Facilities together with necessary easements as determined by the City. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the public Sewer and Water Facilities, whereupon said public Sewer and Water Facilities shall become property of City. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. AGREEMENT - Page 5 0 411 Agreement for Construction of Sewer and Water Facilities Valle Ranch —Tract 16678 4. Should either parry be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attomeys' fees. VI. INSURANCE 1. Comprehensive General Liability Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contract. • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 3. Worker's Compensation AGREEMENT - Page 6 0 011 Agreement for Construction of Sewer and Water Facilities Valle Ranch —Tract 16678 If Developer employs employees to perform services under this Agreement, Developer shall obtain and maintain, during the construction of the Sewer and Water Facilities as described in this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. VII. CITY BUSINESS LICENSE Developer or developer's contractor will maintain a business license to do business in the City of San Juan Capistrano. VIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. IX. INDEMNITY The Developer, its associates, employees, subcontractors, or agents, is herein defined as the "Developer". The City, its elected officials, volunteers, employees, subcontractors, or agents, is herein defined as the "City'. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, the AGREEMENT - Page 7 0 9 Agreement for Construction of Sewer and Water Facilities Valle Ranch —Tract 16678 Developer, or Third parties, caused by or resulting from any activity or operation of Developer, during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify City from any and all expenses, claims, demands, actions, attorney's fees, costs and claims for damages to real or personal property or personal injury to the Developer, and or any third party resulting from the activity of itself, errors, omissions, or negligent acts of the Developer, or the actions of any third party. X. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. XI. ATTORNIES FEES In the event a legal action is commenced by party or parties to this agreement to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. AGREEMENT - Page 8 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. DEVELOPER VALLE RANCH, LLC, a Delaware Limited Liability Company By CENTRA REALTY CORPORATION Its Managing Member 3 Park Plaza, Suite 1490 Irvine, CA 92614 Ph. 949.476. 46 / 212 G President ATT T: M4kGANET R. MONAHAN, CITY CLERK AS TO JOHN R. ATTORNEY W:\ENG\DVLP\TRCT\1 6678\WTR&SWRAGMT.DOC CITY OFN J N CAP c By: DAVI M. RDLIN, MAYOR AGREEMENT - Page 9 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � G�(� County of lJl Gt ss. cn1— ,( 22t2_OC(o before me,LA_LJe`-i NIS , to I _ Name and Title of Officer (e.g., 'Jane Doe, Notary Publlc'j personally appeared LAUREN -MUSCHETTO Commission # 1507110 -•'�l Notary Public - Calllomia Orange County My Comm. Expires Aug 10. 2008 [)(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name() is/arc subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/heNtheir authorized capacity(ies), and that by his/hseRheir signature(g) on the instrument the person($), or the entity upon behalf of which the person(A) acted, executed the instrument. WIT ESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ( / Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Cllaaiimed by Signer Signer's Name: (---I tie ❑ Individual Top of humb here 7`f Corporate Officer — Title(s): D PC --A- CA Q_nl ❑ Partner — ❑Limited El General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ;7 Signer Is Representing: Cp_� O 1999 Natonal NotaryAssodalion • 93511 De SON Ave., PO. fdor 2402 • Chalswodh. CA 91313 2402 • w NabonalNoiary.oq Prod. No. 5907 Reorder, Call Toll -Free 1 800-876-6827 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA This Document x* electronically recorded by ER Cert Mail A Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder III�IIaIIaIIIp1IIIIIIIUIIIIII1III1IIIINIIIIINIII NO FEE 2007000531275 09:07am 08/28/07 122A 159 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Valle Ranch, LLC, d Delaware Limited Liability Company, 3 Park Plaza, Suite 1490, Irvine, CA, 92614-8588 for the construction of the public water and sewer improvements for Tract 16678, San Juan Capistrano, CA. That said work was completed on June 20, 2006, by said company according to plans and specifications and to the satisfaction of the Public Works Director and the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21't day of August, 2007, by Resolution No. 07-08-21-02. That upon said contract, Arch Insurance Company, said company as required by law. Dated at San Juan Capistrano, California, this :�l st City STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) No. SU 1014046 was the surety bond given by the 2007. I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penaltyof perjurythat the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. / Dated at San Juan Capistrano this 21 st day of City of San 9 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjiiancapistrano.org September 11, 2007 Arch Insurance Company One Liberty Plaza, 53`d Floor New York, NY 10006 Re: Release of Bonds — KPRS CONSTRUCTION SERVICES Dear Sir or Madam: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The bonds listed below for Tract 16678 — Valle Ranch, LLC, construction of public water and sewer improvements are released as of the Notice of Completion Recording date of August 28, 2007, by action of the City Council on August 21, 2007. BOND NO. PURPOSE AMOUNT SU1014046 Performance — construct & install water facilities $ 176,876.39 The City of San Juan Capistrano hereby fully and forever releases and discharges Arch Insurance Company from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. truly yours, Meg Monahan, MMC as noted cc: (Letter copy only) George Peterson, Valle Ranch LLC (3 Park Plaza, Ste 1490, Irvine, CA 92614); Craig Harris, Assistant Engineer; Cynthia L. Russell, Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future i, Printed on 100% recycled paper uar for wn� C 2= PROJECT ➢JJONSIONS • •aoNn Na sU Iol4o46 KNOYV ALL MEN 6Y THESE PRESENTS: That}we, KPRS CONSTRUCTION SERVICES, :INC. as Principal, end ARCH INSURANCE COMPANY a Missouri PAGE 04/ Corp} rattan, created, organized, and extr'Ung' and by virtue of the laws of the State of Missouri du licensed to transact a Saneml surety business In the State of Cal fofnia, as - iss suret$r, are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO, County of Orange, State of Cdlifomia, In the sum of $176,8.76•39 DOLLARS, lawful money of the United States of America, to be paid to the said l;ItX fur Which peymentwell and trt8y to tie made We bind ourseluea, our h) slrs, executors and successors, jointly and severally, THE )CONDITION OF THE FOREGOING OSLIQATIoN is such that whereas the above bounden Prirlc�pal has agreed do da and perform thefatlowing,tro-vrtt: Construct and Install all of the waterfapr7ities ggnvarit.to the Construction of_VIVft er Facilities entered into on pf :, 20t.,S by and between CITY OF SAN J WAN CAPISTRANO,and KPRS CONSTRUCTION SERVICES, INC. a copy of which Is attached hereto and made apart hereof. v I . As a part of the obligation secured hereby, and in addition to the Tare amount specifled, there shall be included costs and reasonable expenses and faea, including reasonable attorney`s loft, incurred try City of San Juan Capistrano In successfully enforcing such Q . obligation, all to be taxed as eosis and kwAuded in any judgment rendered - LU Id surety, for value received, hereby stipulates and aigrees that no change, extension A, Q of e, alteration, or modification of the contract documents or of the work to be w.1 c perfn thereunder, shall In. any way affect its obtigatlons or this bond, and It does uo LU m v z reby waive notice of any such change, mftroion of time, alteration or modiflostlorts p rn u u of the contract documents or of work to be performed thereunder. NOW; THEREFORE, the condition of this obligation Is such that 9 the bounden Principal shall, to the satisfaction of the CTIY OF SAN .JUAN C.APISTRANO fa'M ully and properly perform all of the work descd' bed In said Agreement and In accordance with the plans and specifications approved for said workLa{nd shall pay all sums due for air damages suffered by said City by reason of faulty or defe*k a work or the carelessneas or negreenee crf said Prinelpal and for the eomptation.of any -- — ===work �O safisfaetorlly or properly performed In accordance With the Agreement between City and RUG -26-2085 39 9494768S20 98% P.04 00/2E/<005 71:25 9494760 1-P*CT NO. BC&D NO. SU 1014046 PRO -'ECT DIMES PAGE 05/85 DAA August 31, 2005 Prir)cipal, and guarantee all work for ei period.of one year after acceptance In accordance with said Agdcetnent then, at the expiration of said guarantee pariod, this obligation shall be null and void; otherwise to rernaln In full fo rce and effeat IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by . thea}of8cerstheretiniodulyauthorized this 6th dayof September 20Q_5 (SEAL,) - BY. The grendurn an this bond is 2,653.00 In Fact - KPRS CONSTRUCTION SERVICES,INC NSU�RANCEE COMP. s�C. Con¢elio Nial" Address of Surety: 3 Parkway, Suite 1500 Philadelphia, PA. 19102 APP40VED AS TO FORM Sworn to and subscribed before me this 6th day of Septeml�er2005• By- �Y PUBLIC OF STATE OF FLORIDA OF STATE OF FLORIDA John 3 w, C:Ny Attorney W a"�TOMS.LOBRANO,III rNotary Public, State of Florida My comm. expires Oct 30, 2006 (Exec"in Triplicate) Comm. No, DD 143563 ALID-26-2005 11:39 9494768520 9e: P.05 • POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Tom S. Lobrano III, Tom S. Lobrano IV and James C. Congelio of Jacksonville, FL (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance;of these; presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as'OZ'e; samO had'6eg6duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas:C11yi Missouri.: This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary_or the Secretary shall have the power and authority to appoint agents and attome �s-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolutionadopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Compa..j nas caused this instrument to be signed a �A its corporate seal to be affixed by their authorized officers, this 31st day of March .2005 Attested and Certified .���f•�Ci24.Q' Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company vrance C o� maroave 4 tui sn t Nisuod Ma can Anderson, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M: Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance .Company, a Corporation organized and existing under the laws 'of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. FMNOT KATHLEEN MARC�IAL4KUS, Notary Public City of PhIIadelphia Phila.Phila.Co * Kathl en Marcinkus, N tary Public Commissim Evirm February 25,2" My commission expires 2-25-06 CERTIFICATION I, Edward M. Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 31. 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Mary Jeanne Anderson, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected_ Vice President of the Arch Insurance Company - IN TESTIMONY WPt,%REOF, I have Pereunt$ subscribed my name and affixed the corporate seal of the Arch Insurance Company on this t day of eptem er 20 05 r 0��� Edward M. Titus, Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. -ter � i • ARCH Insurance Company ARCEi Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002 (e ingthis rc nsurance Company is the surety. DISCLOSURE•OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00)., --..- _ :-...DISCLOSURE OF.FEbERAL-PART(CtPATION it.P,AYMENF.Of TERRO.R.ISM . • LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible... r _ • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org August 23, 2007 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Javan � IPf01101BIFY • mnmnsw1 TO 1776 Re: Notice of Completion (Valle Ranch, LLC) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: MEMBERS OF THE CITY COUNCIL When placed of record, please return the recorded document to this office. Thank you for your assistance. r i rs ��rris City Clerk Cc: Craig L. Harris, Assistant Engineer SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO OR. LONDRES USO San Juan Capistrano: Preserving the Past to Enhance the Future Printetl on 100% recycled paper Postal CERTIFIED MAIL RECEIPT o(Domestic 0 ru ii r:•� $ U'1 postage 0 Certified Fee tan ri Postmark O Return Receipt Fee Here M (Endorsement Required) 1 d Restricted Delivery Fee (Endorsement Required) 0 5 tU Total Postage 8 Fees •� O M1 Sent To Sent 1Z�fJs2�t,�2. — R1_OI---Fll�. C3 Sheet.Apt MY; ______________________________ -�v.N cn s�re,nw+S ------------------------------------- N10,, CSA C 10 San Juan Capistrano: Preserving the Past to Enhance the Future Printetl on 100% recycled paper • 3/7/2006 D9 AGENDA REPORT TO: Dave Adams, City Manger GU FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678) (33272, 33302, and 33332 Valle Road) RECOMMENDATION: By motion, Approve the Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC; and 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water and Sewer Facilities. SITUATION: Valle Ranch, LLC the current owner/developer, has submitted and received approval of the Tract Map 16678 on December 6, 2005. The subject map has created 3 commercial condominium offices on a 16.724 acre parcel (the remaining acreage being an open space easement granted to the City). In order for the City to serve water and sewer to said tract, Valle Ranch, LLC must process an Agreement for Construction of Water and Sewer Facilities (Attachment 2). Staff has reviewed and approved the water and sewer improvement plans as they relate to subject agreement. Valle Ranch, LLC has executed the Agreement for Construction of Water and Sewer Facilities, and staff recommends approval of said agreement. Valle Ranch, LLC has received approval to create three commercial office buildings consisting of five condominiums (two of the buildings have second floors) on three acres of the 16.724 acre site. Site plans were approved as AC 04-05 in September 2004, and the Tentative Map was approved on July 5, 2005. The site is accessed from Valle Road via an easement within the Capistrano Unified School District property. The access road and common areas will be maintained by a property owners association. Agenda Report • • March 7, 2006 Paae 2 All fees and sureties required prior to Final Map have been submitted. All required easements and dedications have been included on the Final Map, and the CC & R's for the Property Owners Association have been approved. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This project was previously reviewed by the City's Environmental Administrator, the Design Review Committee, the Planning Commission and City Council. FINANCIAL CONSIDERATIONS: There is no cost to the City by this action. NOTIFICATION: Valle Ranch, LLC/Centra Realty Corporation Development Resource Consultants Capistrano Unified School District SJD Partners RECOMMENDATION: By motion, 1. Approve the Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC; and 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water and Sewer Facilities. Respectfully submitted, Amy Amirani Director of Public Works Attachments: 1. Location Map 2. Agreement Prepared by, Craig L. ards Assistant Engineer Location Map ( 'A�-- - -�� 0 3000 6000 Feet N W+E 5 City Boundary Streets Creeks ATTACHMENT1 AGREEMENT FOR CONSTRUCTION OF SEWER AND WATER FACILITIES THIS AGREEMENT, dated this 2006, by and between VALLE RANCH, owned by VALLE RANCH, LLC, a Delaware Limited Liability Company, hereinafter called "Developer", and CITY SAN JUAN CAPISTRANO, hereinafter called "City". WITNESSETH: WHEREAS, Developer wishes to obtain sewer and water services from the CITY OF SAN JUAN CAPISTRANO, hereinafter called "CITY" for property known as Tract 16678 located at 33272, 33302, and 33332 Valle Road, S.J.C., CA, and City requires the construction and dedication of Sewer and Water Facilities by Developer as a condition of providing said public sewer and water services; and WHEREAS, Developer has prepared and submitted to City a set of improvement plans for said Sewer and Water Facilities, and WHEREAS, Developer has constructed said Sewer and Water Facilities at their own risk and wishes to enter into this Agreement to ensure compliance with City regulations and procedures in order for the City to accept said facilities, and WHEREAS, City desires to insure that said Sewer and Water Facilities are installed in accordance with City's Sewer and Water standards and specifications. NOW, THEREFORE, it is hereby agreed by and between Developer and City that: I. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the Sewer and Water Facilities shown and delineated upon the improvement plans titled "WATER AND SEWER PLANS FOR VALLE RANCH" as approved by the Water Engineering ATTACHMENT 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 Manager and the City Engineer of the City and on file with said City and by reference made a part of this Agreement as though fully set forth herein. If construction of Sewer Facilities has not started within the terms of this agreement, the developer must request a permit extension from the City Engineer prior to the expiration of this agreement. If construction of the Water Facilities has not started within the terms of this agreement, the developer may request a permit extension in accordance with section Water Standard Specifications, sections 300.13.3 and section 300.13.3.1. 2. Developer shall construct said Sewer and Water Facilities in accordance with the approved plans, City's Sewer and Water standard specifications under City's inspection. II. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by City, unless the developer has received prior approval to use a jumper and a jumper account has been authorized by the City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $500.00 per day for unmetered use of City's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. AGREEMENT - Page 2 L Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 3. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited without prior approval. 4. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. III. FEES, CHARGES, AND SECURITIES 1. Developer paid the prevailing water development fees on May 13, 2005 for the City to provide permanent water service to said property, which fees paid to the City are the following sums: (a) $11,186.06 for the costs of City's plan review, inspection of construction and the control thereof, and for the testing of materials which sum is based upon the estimated construction cost of $160,794.90. (b) $2,700 for the furnishing and installation by City of all permanent water meters which sum is based upon a fee of $450 per 2 -inch meter and the following number and size of meters: five (5) 2 -inch domestic and one (1) 2- inch irrigation. (c) $17,590.40 for Capital Improvement Charges based upon ($.40 per square foot of new building area or $2,471 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (d) $26,385.60 for Water Storage Charges based upon ($.60 per square foot of new building area or $2,955 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (e) $23,131.38 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate based upon ($.526 per square foot of new building area or $3,210 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. 2. When additional buildings on this property are constructed, AGREEMENT - Page 3 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 0 additional development fees shall be paid prior to additional service being provided. 3. Developer shall pay the prevailing Sewer fees prior to Building permit issuance for the construction of public sewer improvements for all sewer plan check charges, inspection fees, and all sewer connection charges in accordance with the City's prevailing fee payment schedule. 4. Developer shall, at all times, prior to construction and/or beginning with the execution of this agreement, guarantee Developer's performance of this agreement by providing City and paying for the following auto -renewable security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and B. In order to guarantee and warranty Sewer and Water Facility Improvements and in addition to the security instruments described herein, Developer shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Sewer and Water Improvements and recordation of a Notice of Completion, Developer shall AGREEMENT - Page 4 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 provide to City a Warranty Bond for Sewer and Water Improvements warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Sewer Improvements shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. The amount of such Warranty Bond for Water Improvements shall be equal to One Hundred and Ten percent (110%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the Water Engineering Manager. IV. GUARANTEE Developer hereby guarantees the materials and the workmanship of the Sewer and Water Facilities for a period ending 365 consecutive calendar days after the acceptance of said Sewer and Water Facilities by City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by City within the aforesaid guarantee period. V. GENERAL 1. Developer hereby offers to dedicate to City the public Sewer and Water Facilities together with necessary easements as determined by the City. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the public Sewer and Water Facilities, whereupon said public Sewer and Water Facilities shall become property of City. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. AGREEMENT - Page 5 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attomeys' fees. VI. INSURANCE 1. Comprehensive General Liabilitv Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contract. • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 3. Worker's Compensation AGREEMENT - Page 6 9 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 If Developer employs employees to perform services under this Agreement, Developer shall obtain and maintain, during the construction of the Sewer and Water Facilities as described in this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. VII. CITY BUSINESS LICENSE Developer or developer's contractor will maintain a business license to do business in the City of San Juan Capistrano. VIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. IX. INDEMNITY The Developer, its associates, employees, subcontractors, or agents, is herein defined as the "Developer'. The City, its elected officials, volunteers, employees, subcontractors, or agents, is herein defined as the "City'. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, the AGREEMENT - Page 7 Agreement for Construction of Sewer and Water Facilities Valle Ranch — Tract 16678 Developer, or Third parties, caused by or resulting from any activity or operation of Developer, during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify City from any and all expenses, claims, demands, actions, attorney's fees, costs and claims for damages to real or personal property or personal injury to the Developer, and or any third party resulting from the activity of itself, errors, omissions, or negligent acts of the Developer, or the actions of any third party. X. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. XI. ATTORNIES FEES In the event a legal action is commenced by party or parties to this agreement to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attomey's fees. AGREEMENT - Page 8 Agreement for Construction of Sewer and Water Facilities Valle Ranch —Tract 16678 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. DEVELOPER VALLE RANCH, LLC, a Delaware Limited Liability Company By CENTRA REALTY CORPORATION Its Managing Member 3 Park Plaza, Suite 1490 Irvine, CA 6.6 4/7 Ph. 949.476. 46 e i- 2 GEOR)l%E/�PETERSON, President ATTEST: MARGARET R. MONAHAN, CITY CLERK APPROVED AS TO JOHN R. SHAWtITY A W:\ENG\DVLP\TRCT\16678\WTR&SW RAGMT.DOC CITY OF SAN JUAN CAPISTRANO By: DAVID M. SWERDLIN, MAYOR AGREEMENT - Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �l C� (1 County of LIl ss. On� e\o, ,jct(`'j 221200,o before me, ie n Name and Title of Officer (.,g, 'Jame one. Notary Public] personally appeared LAUREN MUSCHETTO ` Commission # 1507110 Notary public - California Orange County My Comm. Expires Aug 10, 2008 L�kpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personO whose name($) is/are- subscribed s/aro-subscribed to the within instrument and acknowledged to me that he/sheMTey executed the same in his/hlarr4heir authorized capacity(ies), and that by his/hafA*eir signaturel$) on the instrument the person($), or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand and official seal. Public. S,gnature of N ary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ccx-) y a2 ch c) /y Document Date: Number of Pages:_ Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: CQt t ne ❑ Individual Top of thumb here r)'CorporateOfficer —Til ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Assocatlon • 9350 De Soto Nva.. PO. ad. 2402 • Chats odR CA 913132402 • w NationalNotary.art, Prod. No, 5907 Reorder: Call Toll Free 1-800876-6827 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org March 8, 2006 0 0 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN On March 7, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678)(33272, 33302, and 33332 Valle Road)" Item No. D9. The following action was taken at the meeting: Agreement for construction of water and sewer facilities with Valle Ranch, LLC approved; and the Mayor and City Clerk authorized to execute the agreement. If you have any questions regarding this action, please contact Craig Harris, Assistant Engineer at 443-4305 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: Valle Ranch, LLC/Centra Realty Corporation; Development Resource Consultants; Capistrano Unified School District; SJD Partners; Craig Harris, Assistant Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recycled paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancaptstrano.org 0 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETRU70F POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 7, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678)(33272, 33302, and 33332 Valle Road)" — Item No. D9. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 6, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Craig Harris, Assistant Engineer. You may contact that staff member at (949) 443-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas aCsanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Valle Ranch, LLC/Centra Realty Corporation; Development Resource Consultants; Capistrano Unified School District; SJD Partners; Craig Harris, Assistant Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAX www.sanjuancapistrano.org March 31, 2006 George E. Peterson Valle Ranch, LLC 3 Park Plaza, Suite 1490 Irvine, CA 92614 Dear Mr. Peterson: JUAN IHEAR PARATE A ' CST AIL] SHED � 1961 1776 All, 0 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Agreement for Construction of Sewer and Water Facilities for Tract 16678 is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop. You may proceed with work under this agreement in coordination with the project manager, Craig harris, Assistant Engineer (949) 443-4305. Deputy cc: Craig Harris, Assistant Engineer Kathleen Springer, Acting Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future A �J Pnnletl on recycled paper 0 8/21/2007 AGENDA REPORT D7 TO: David Adams, City Manager 4;�'k FROM: Cindy Russell, Interim Public Works Director SUBJECT: Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC) (Tract 16678) RECOMMENDATION: By motion, Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. SITUATION: Valle Ranch, LLC is the current owner/developer of a 16.724 -acre site that includes three commercial buildings totaling 43,976 square feet, located at 33272, 33302, and 33332 Valle Road (Attachment 1). There are certain offsite and onsite water and sewer improvements associated with this development, which include public water improvements for the construction of an 8 -inch water main, three (3) 8 -inch fire services, four (4) commercial fire hydrants, five (5) 2 -inch domestic water services, and one (1) 2 -inch irrigation service. In addition to the public water improvements, the developer also constructed public sewer facilities. The developer paid for the construction of all water and sewer improvements. The surety for the public water improvements has been retained until the one-year warranty period has been completed, and the surety for the public sewer improvements have been released in association with closing out the encroachment permit for said improvement. All public water and sewer improvements constructed for the subject property were inspected, tested, and completed to the satisfaction of the Water Engineering Manager and the City Engineer, as well as completion of the one-year warranty period, which ended on June 20, 2007. The water and sewer easements necessary for the acceptance of the public water and sewer improvements are shown as dedicated to the City on the approval of the Final Tract Map 16678. Staff recommends the acceptance of public water and sewer improvements from Valle Ranch, LLC, and the release of the corresponding surety. Agenda Report August 21, 2007 Paae 2 _ BACKGROUND: The water and sewer easements along with the water rights were reviewed and accepted by the City Council on December 6, 2005. The Developer agreed to construct the public water and sewer facilities and the City Council reviewed and approved the "Agreement for the Construction of Water and Sewer Facilities" on March 7, 2006. COMMISION/BOARD REVIEW, RECOMMENDATIONS: The project has been previously reviewed and approved by the Environmental Administrator, Design Review Committee, Planning Commission, and City Council. FINANCIAL CONSIDERATIONS: No financial impact. All applicable development fees have been paid. NOTIFICATIONS: Valle Ranch, LLC. Development Resources Consultants, Inc. By motion, Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. Respectfully submitted: G% p c wuh Cindy RLMsell, Interim Public Works Director Attachments: 1. Location Map 2. Resolution 3. Notice of Completion Prepared by, (—, N ---- Craig L. Harris Assistant Engineer ATTACHMENT1 0 RESOLUTION NO. 07-08-21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PUBLIC WATERAND SEWER FACILITIES, RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (VALLE RANCH, LLC—TRACT 16678) WHEREAS, on December 6, 2005, the City Council of the City of San Juan Capistrano approved the Final Tract map 16678 with Valle Ranch, LLC, a Delaware Limited Liability Company, for the approval of the land subdivision, acceptance of the required public water and sewer easements, and acceptance of the water rights within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, on March 7, 2006, the City Council of the City of San Juan Capistrano entered into a Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC, a Delaware Limited Liability Company, for the construction of certain public water and sewer improvements within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, the public water and sewer improvements were constructed in compliance with City water and sewer standards and specifications; and, WHEREAS, the one-year warranty period has been successfully completed, and the corresponding surety bond may be released; and, WHEREAS, the owners of said real property have, upon request by the City, dedicated the necessary water and sewer easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on August 21, 2007, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. The public water and sewer improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Valle Ranch, LLC, a Delaware Limited Liability Company. SECTION 3. The City Clerk is directed to forthwith -forward a "Notice of Completion" to the Orange County Recorder's Office for recordation. Page 1 of 2 8/21/2007 0 0 SECTION 4. The City Clerk is hereby authorized to release the surety bonds. PASSED, APPROVED, AND ADOPTED this 21St day of August 2007 M L VAT AY(JR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 07-08-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21 st day of August 2007, by the following vote: AYES: CPLINQIL MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato NOES: QONCll- MEMBER: None ABSENT: -$O NCIL MEMBER: None Page 2 of 2 8/21/2007 L RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION 0 NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Valle Ranch, LLC, d Delaware Limited Liability Company, 3 Park Plaza, Suite 1490, Irvine, CA, 92614-8588 for the construction of the public water and sewer improvements for Tract 16678, San Juan Capistrano, CA. That said work was completed on June 20, 2006, by said company according to plans and specifications and to the satisfaction of the Public Works Director and the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21'' day of August, 2007, by Resolution No. 07 -08 -21 - That upon said contract, Arch Insurance Company, Bond No. SU 1014046 was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this day of 12007. Margaret R. Monahan, City ( City of San Juan Capistrano ATTACHMENT 0 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this day of 12007. Margaret R. Monahan, City Clerk City of San Juan Capistrano • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www santuancapistrano. org 0 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on Tuesday, August 21, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC)(Tract 16678)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 20, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Craig L. Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san*uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk(a-)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Valle Ranch, LLC.; Development Resources Consultants, Inc.; Cindy Russell, Acting Public Works Director; Craig L. Harris, Assistant Engineer " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0, Printed on 100% recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAx www.saryuancapistrano.org August 23, 2007 Javan 1�9jy IA[AAIAAAIfA fsrAmsA[A 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO On August 21, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC)(Tract 16678)" Item No. D7. The following action was taken at the meeting: Resolution No. 07-08-21-02 adopted accepting dedication of public water and sewer facilities from Valle Ranch, LLC; authorize the release of the surety; and the City Clerk directed to process recording of the Notice of Completion. If you have any questions regarding this action, please contact Craig L. Harris, Assistant Engineer at (949) 487-4305 for more detailed information. Thank you, MMC Clerk Cc: Valle Ranch, LLC.; Development Resources Consultants, Inc.; Cindy Russell, Acting Public Works Director; Craig L. Harris, Assistant Engineer San Juan Capistrano: Preserving the Past to Enhance the Future CJ Printed on 100% recycled paper