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1977-0817_MILLER CONSTRUCTION, B.H._Agreementa 9 . SK 13401 PG 1 265 EXE,'d PT C3 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto Mary Ananover, City Clerk San Juan Capistrano, CA 92675 City o San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and B. H. Miller Construction Company, 90 Brookhollow Drive, Santa Ana, California, 92705, subdivider of division of land 77-4 requires the subdivider to complete the fol- lowing work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH DIVISION OF LAND 77-4 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according to plans and specifications and to the satisfaction of 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, at a regular meeting thereof held on the 7th day of November , 1979, by Resolution No. 79-11-7-1 That upon said agreement the United Pacific Insurance Company was surety for bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 8th day of November , 1979. Mary Ann nover, City Clerk of the City f San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLE- TION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 30 P.,'in2 P.M. NOV 19 1979 LLE. A. I, County Recorder 8th day of November , 1979. Mary n anove City Clerk of the Ci of San Juan Capistrano Recording requested 0 and 45872 8K 12354p61835 When recorded, return to: City of San Juan Capistrano Office of the City ClerkEXEMPT UMENTARY TRANSFER TAX -NO TAX DUE 32400 Paseo Adelanto C 4 San Juan Capistrano, Calif. 92675 Mary Ann hover, City Clerk San Juan rapistrano, California Division of Land 77 AGREEMENT RELATING TO THE MAINTENANCE (Miller/Phelps OF LANDSCAPING, INCLUDING IRRIGATION Business Park) FACILITIES, WITHIN PUBLIC RIGHT-OF-WAY ss 7 `/ THIS AGREEMENT is made this 17th day of August. 1977 by and between the City of San Juan Capistrano, hereinafter called "CITY" and B. H. MILLER CONSTRUCTION COMPANY, a corporation hereinafter called "OWNER". W I T N E S S E T H: WHEREAS, Developer desires to develop a business park within the City of San Juan Capistrano, and has, in conjunction therewith, applied for approval of a division of land (DL 77-4); and WHEREAS, a properly landscaped public parkway adjacent to said development will specifically benefit the aforesaid land; and WHEREAS, as a condition of approval of DL 77-4 (Miller/Phelps Business Park), OWNER is required to landscape the parkway, plant trees therein and to enter into an agreement for the continued care and main- tenance thereof. NOW, THEREFORE, in consideration of the benefits accruing to developers property and as a condition of approval by CITY of DL 77-4 (Miller/Phelps Business Park), OWNER covenants and agrees, at its sole cost and expense, to provide the care and maintenance of the trees and landscaping upon the parkway adjacent to its development in accordance with the maintenance standards set by the City from time to time for landscaped parkways. The benefits of the landscaped parkway, together with the attendant obligations, shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: t Mary Ann. hover, City C k RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 15 Min P M AUG 261977 pwi J. WYLIE CARLYLE, Carty Recorder W APPROVED AS TO FORM: James O azaki, City At . rney CITY OF SAN JUAN CAPISTRANO By Yvon O. Heckscher, Mayor B. H. MILLER CONSTRU CO. ee W. Phelps, Executive Vice President TO 4,49 C (Corporation) STATE OF CALIFORNIA COUNTY OF (:D9 SS. On State, persona y a; known to me to be 6K 12354P61836 undersigned, a Notary Public in and for said President, and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and��. acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board Offlgilt SM of directors. Mrn 1. WAL WITNESS my hand and official seal.La It SignatureS�/ � —7 Y 1b Patti J. Prall Name (Typed or Printed) (Tait tt99 M olllolel n9tW91 .1) RESOLUTION NO. 79-11-7-1 C� COMPLETION OF PUBLIC IMPROVEMENTS - DIVISION OF LAND 77-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - DIVISION OF LAND 77-4 WHEREAS, the City of San Juan Capistrano has entered into an agreement with B. H. Miller Construction Company for the construction of public improvements in Division of Land 77-4; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said subdivider has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. It is further ordered that a "Notice of Completion' b� a recorded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of November 1 1979 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ATTEST: KENNETH E. FRI SS, MAYOR R CITY CLEF STATE OF CALIFORNIA ) • COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) i, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 79-11-7-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of November , 1979 ( SEAL) 22L�6G�,K MARY N. OVER, CITY CLERK -1- AGENDA ITEM November 7, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of Public Improvements and Release of Bonds - B. H. Miller Construction Co. (Camino Capistrano) SITUATION The developer of the subject project has requested that the City accept the public improvements and release the surety. The public improvements have been completed and accepted by the City Inspector. The City is requesting a Notice of Completion to be filed with the County Recorder. The surety devices for this development are: Surety Amount Number Company Purpose Bond $ 1,800 U94-34-57 United Pacific Inc. Monumentation =S Bond $161,000 U94-34-55 Labor & Materials Bond $161,000 U94-34-54 Performance ('4 '° /Y yo FINANCIAL CONSIDERATIONS There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Division of Land 77-4, require a Notice of Completion to be filed, require an exten- sion of the Faithful Performance surety for public improvements to November 7, 1980, and exonerate the Labor and Material and Monumentation sureties. 2. Do not accept the public improvements for Division of Land 77-4. 3. Request further information from staff. FOR CITY COUNCIL. AGENDA .... ... . T4 0 James S. Mocalis, City Manager -2- November 7, 1979 Acceptance of Public Improvements B. H. Miller RECOMMENDATION By resolution, determine that the work resulting from Division of Land 77-4 has been completed and declare the work to be accepted; direct that within ten (10) days from the date of acceptance, a Notice of Completion be filed with the County of Orange Recorder. By motion, require an extension of the Faithful Performance surety for public improvements to November 7 , 1980; direct staff to exonerate the Labor and Material surety and the Monumentation surety upon expiration of thirty five (35) days from the filing of the Notice of Completion. Authorize staff to release the Faithful Performance surety on November 7, 1980. Respectfully submitted, b 0-*W. A`urp WDM:MB/rem Encls. .. All 2 Po2T AVsmloA AERpPUe=o sant JVAfV NIILS GOLF cQV�2SE t viii N 1"i --e NJr[ -TCS CITY COUNCIL GUIDELINES FOR PARCEL AND FINAL MAP REVIEWS This guideline is intended to provide the City Council with information to assist in reviewing Parcel and Final Maps. The specific items enumerated herein are required by the Subdivision Map Act and the Land Use Management Code. A. Council shall make the following determination in approving a Parcel Map or Final Map: 1. The Final Map or Parcel Map is consistent with the General Plan. 2. The Final Map or Parcel Map is in substantial compliance with the approved Tentative Map or Tentative Parcel Map. B. Council shall deny a Parcel Map or Final Map if it does.not conform to any of the following: 1. The proposed map is consistent with the General Plan. 2. The design or improvement of the proposed subdivision is con- sistent with the General Plan. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor sub- stantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. * * * * * * * * * * 32400 PASEO AOELANTO' SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 4931171 November 21, 1979 B. H. Miller Construction Company 90 Brookhollow Drive Santa Ana, California 92705 Re: Completion of Public Improvements - Division of Land 77-4 Gentlemen: Enclosed is a copy of Resolution No. 79-11-7-1, which was adopted by the City Council at their meeting -of November 7, 1979. The Resolution accepts the work completed for Division of Land 77-4. Upon 35 days following recordation of the Notice of Completion, the Monumentation Bond and Labor and Materials bond may be released. The Notice was recorded on November 19th; therefore, the bonds may be released on December 24, 1979. The Faithful Performance bond was extended to November 7, 1980, at which time staff is authorized to implement release. Very truly yours, 7 (MRS) MARY ANN HANOVER City Clerk MAH/cj Enclosure cc: Director of Public Works Finance