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