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1993-0224_CCL REALTY lTD._Agreement-a a 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 YERNMENT CODE SECTION 6103 Cheryl Johns , Ci lerk San Juan Capistrano, CA Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Ill�lllllllllllllllll�lllllllllllllllllllllllllll11111 # 1111 No Fee 19950420397 2;44pm 09/26/95 005 021180 07 12 MB3 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 NOTICE IS HEREBY GIVEN that two assigned agreements between the City of San Juan Capistrano and CCL Realty, Ltd., 2010 Main Street, Suite 460, Irvine, California 92714, Developer of Tracts 12262 and 12423, require the Developer to complete the following, to wit: CONSTRUCTION OF PRIVATE STREET IMPROVEMENT IN CONJUNCTION WITH DEVELOPMENT OF TRACTS 12262 AND 12423 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on September 19, 1995, by said Developer 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, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 19th day of September, 1995, by Resolution No. 0. S- 9 — % Gf . 3 That upon said agreement, Security Pacific National Bank was surety for the Time Certificate of Deposit for private street improvement work in the amount of $34,030 for Tract 12262 and $27,150 for Tract 12423, given by the said company as required by law. Dated at San Juan Capistrano, California, this —;2 U V/1-- day of YAO-A2/ 1995. Cheryl Johnsoq; ity Cldyk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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 petjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the /Office of the Orange County Recorder by said City Clerk. 1 Dated at San Juan Capistrano this �W� day of t�C(C/, 1995. Cheryl Johnso City C rk City of San Juan Capistrano 11 RECORDING REQUESTED BY: CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 AND WHEN RECORDED RETURN TO: CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 Iq DCC # 93-0325265 14—MAY-1993 02:22 PM Recorded in Official Records of Orayne County, California Lee A. Branch, County Recorder Fase 1 of 7 Fees: $ 23.00 Tax: $ 0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) ASSIGNMENT OF IMPROVEMENT AGREEMENT THIS ASSIGNMENT OF IMPROVEMENT AGREEMENT is made and entered into as of Fc/3RuARY 24 , 1993 by and between GLENFED DEVELOPMENT CORPORATION, a California corporation ("Assignor"), as assignor, in favor of CCL REALTY (CALIFORNIA) LTD., a California corporation ("Assignee"), as assignee. WITNE S S E T H, T H A T: WHEREAS, Assignor, as the developer, and the City of San Juan Capistrano, a municipal corporation (the "City"), entered into that certain agreement (the "Improvement Agreement") captioned "IMPROVEMENT AGREEMENT', dated as of February 16, 1988, and recorded as Instrument No. 88-076737 (Tract 12262) in the Official Records of the County Recorder of Orange County, California providing for, among other matters, the construction of certain improvements by Assignor as set forth therein; WHEREAS, on March 17, 1992, Assignee acquired from Glendale Federal Bank, a federal savings bank ("Seller"), certain real property (the "Property") located in the City of San Juan Capistrano, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and made a part hereof; WHEREAS, a portion of the developer's obligations under the Improvement Agreement are for the benefit of the Property; and WHEREAS, Assignor desires to assign to Assignee the portion of the rights, duties and obligations of the developer under the Improvement Agreement that respect the Property and arise or occur from and after March 17, 1992 as set forth in this Assignment and Assignee desires to assume the portion of the rights, duties and obligations of the developer under the Improvement Agreement that respect the Property and arise or occur from and after March 17, 1992, except for remedial work relating to the curb and gutters and final lift of the asphalt paving as set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor makes the following assignment and Assignee makes the following assampt.ion: 1. Assignor hereby assigns, transfers and conveys to Assignee all of the rights and benefits of the developer under the Improvement Agreement with respect to the Property arising or occurring from and after March 17, 1992, except for remedial work relating to the curb and gutters and final lift of the asphalt paving. !a • 4 2. Assignee hereby assumes all of the duties and obligations of the developer under the Improvement Agreement with respect to the Property arising or occurring from and after March 17, 1992. Accordingly, Assignee shall not have any duties, obligations, liabilities or responsibilities under the Improvement Agreement that arise or occur prior to March 17, 1992, except for remedial work relating to the curb and gutters and final lift of the asphalt paving, or that with respect to any property other than the Property or any personal rights to any party or entity (unless personal to such party or entity with respect to the Property). This Assignment of Improvement Agreement is made and entered by Assignor and Assignee as of the day and year first above written. GLENFED DEVELOPMENT CORPORATION, a Calif nia corpo ation By CLt Its , "Assignor" CCL REALTY (CALIFORNIA) LTD., a California corporation By l L Its �t�s.J lG72N-( STATE OF CALIF NIA 1 SS. COUNTY O 's I �' before me, / Z On _ (Notary Name and Title) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hapd and official seal. T-721 LOS 0 0 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) On --S 9,4 Zo 19:12�_ before me, Mark Knepper, personally appeared i�A�l n C RAn s , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. FFI IAL SEAL fA�IK KNEIIER Signature Now NAUC °C%so m KOO cow" w Q nn. EXOM SW. 30.19 State of CAPACITY CLAIMED BY SIGNER County of ? ❑ INDIVIDUAL(S) �1 �y r !_ /CORPORATE On kZO /971efore me, Ul ©kn _ij OFFICER(S) DATE NAM ITLE OF OFFICER E.G..'JANE DOE. NOTARY P C TITLE( personally appeared UO,✓F S NAME(S) OF SIGNER(S) i� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s/whose names) is/ame- subscribed to the within instrument and ac- knowledged to me that he/shefthey executed the same in his/ht?�ir authorized capacity(W, and that by his/heNt#eir signature(oon the instrument the person(5 , orthe entity upon behalf of which the persgR(s) OFFICIAL SEAL acted, executed the instrument. "° CHERYL A. JOHN�O"' Witness my hand and official seal. �- c .m NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My comm. expires D..0 13, 1993 � / QAA� / �7 PARTNER(S) ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAM F P SON(S) OR ENTITY(IES) 010 V ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of t is certificate to unauthorized THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages � ate of Documentate Of DOCument� 70 THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above e` CC L 01991 NATIONAL NOTARY ASSOCIATION • 823a Rammel A. ° P O An. Tial ° Canma Park. CA 91301-7191 THIS ASSIGNMENT OF IMPROVEMENT AGREEMENT was approved by the City pursuant to a resolution of the City Council passed on April 20, 1993. CITY OF SA APISTRANO GI S, Mayor ATTEST: gV2��'!Sf' CHERYL JqONSW , City Clerk APPR ED AS TO FORM: &Xetmr-/, Richard K. Denhalter, City Attorney �/2/ /93 -4- EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL A: LOTS 1 AND -2 OF TRACT NO. 12423, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOR 599, PAGES 1 TO 5 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF OFFICIAL RECORDS. THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA LEVEL, WAS BY QUIET CLAIMED A DOCUMENT RECORDED JULY 31, 1978 IN BOOK 12779, PAGE 1626 OF OFFICIAL RECORDS. PARCEL B: LOTS 1 TO 2 INCLUSIVE OF TRACT NO. 12262, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 598, PAGES 38 TO 42, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF OFFICIAL RECORDS. THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA LEVEL, WAS QUIET CLAIMED BY A DOCUMENT RECORDED JULY 31, 1978 IN BOOK 12779, PAGE 1626 OF OFFICIAL RECORDS. 32-73019-03 -5- EXHIBIT "A" (CONTINUED) LOT 1 OF TRACT NO. 12735, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED. IN BOOK 565, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF OFFICIAL RECORDS. THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA LEVEL, WAS QUIT CLAIMED BY A DOCUMENT RECORDED JULY 31, 1978 IN BOOK 12779 PAGE 1626 OF OFFICIAL RECORDS. PARCEL D: FIVE (5) CONDOMINIUMS COMPOSED OF: PARCEL 1: UNITS 28 THROUGH 32 AS SHOWN AND DEFINED ON A CONDOMINIUM PLAN RECORDED DECEMBER 15, 1987 AS INSTRUMENT NO. 87-693145 OF OFFICIAL RECORDS, OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN UNDIVIDED FIVE/THIRTY-EIGHTHS (5/38THS) INTEREST IN AND TO LOT 1 OF TRACT NO. 12736, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 565, PAGES 39 TO 41, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS "COMMON AREA" ON THE ABOVE SHOWN CONDOMINIUM PLAN. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956, IN BOOK 3538, PAGE 550, OFFICIAL RECORDS OF SAID COUNTY, AND RE-RECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OFFICIAL RECORDS OF SAID COUNTY. THE RIGHT OF ENTRY UPON THE EXISTING SURFACE AND THAT PORTION OF THE SUBSURFACE OF -SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA LEVEL WAS QUIT CLAIMED BY DOCUMENT RECORDED JULY 31, 1978, IN BOOK 12779, PAGE 1626, OFFICIAL RECORDS OF SAID COUNTY. 32-73019-03 -6- EXHIBIT "A" (CONTINUED) ALSO EXCEPTING THEREFROM ALL UNRESERVED AND UNEXCEPTED OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL..GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED.FROM ANY OF THE FOREGOING, THAT..MAY.BE WITHIN OR UNDER SAID -LAND, TOGETHER WITH THE PERPETUAL RIGHT. OF DRILLING, MINING, EXPLORING. AND OPERATING THEREFOR AND.. STORING IN AND REMOVING THE SAME FROM SAID LAND OR FROM ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN. SAID. LAND OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH AND ACROSS THE SUBSURFACE OF SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS OF SAID LAND, AND TO REDRILL, TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER THREE HUNDRED (300) FEET OF THE SUBSURFACE OF SAID LAND. 32-73019-03 -7- rr�--C10PPT O'City Copy' 88-076738 L___� RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ARY ANN AN VE ,City Clerk San Juan C istrano, California PROJECT. Fina; Map, Tract 12423 (Glenfed) IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Glenfed Development Corporation whose mailing address is: 16601 Ventura Blvd., Encino, CA 91436, hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved Final Map, Tract 12423; and WHEREAS, DEVELOPER desires to postpone the installation of the public and/or private improvements for Final Map, Tract 12423 until after the CITY's acceptance of the Final Map; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Final Map, Tract 12423 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Final Map, Tract 12423 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include but are not limited to: design and construction of the improvements to La Novia to the project boundary by November, 1988, and construction of La Novia from the project boundary to Valle Road prior to the issuance of the Use and Occupancy Permit for the 401st dwelling unit; all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs; the supplying and planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. 88-076738 PROJE(ftial Map, Tract 12423 2. DEVELOPER shall at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 12423 and the improvements therefor. 4. DEVELOPER shall provide the following sureties, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a subdivision faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements; and (d) A Faithful Performance - Public Works Surety in an amount equal to the total estimated cost of work to monument tract boundaries, open space areas and public street center lines. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 86-076T38 PROJEAal Map, Tract 12423 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for 365 days until February 1G 19 89, IN V/IT_NESS WHEREOF, the parties have executed this agreement as of February 16, 1988 Date CITY OF SAN JUAN CAPISTRANO ANTHONYLAND, MAYOR ATTEST: DEVEL PER RY ANN 1, N ER, CITY CLERK BY .Fr �Y V, P _ P rI FNFFfI IlF FI !lP FAIT CORPORATION TAK FUJI[ APPROVED A TO FORM: BY (y I GLENrED OPMENT CORPORATION ROSS WILLARD 88-076738 tNZ44, .12 45 PM M 22188 d V4�� CAT. NO. NNO0737 TO 18,48 CA (8-841 (Corporation) do TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Los Angeles �• On February 8f 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Tak Fujii personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Sr. Vice President, and Ross Wil lard personally known to me or proved to me on the basis of satisfactory evidence to be Ass��iwho pees d the within instrument as the )SNaYdWof the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my 40nji and official seal. n Signature CORPORATE ACKNOWLEDGMENT OFFICIAL SEAL ANGELA M. RYBKA NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Mr Commission Up. Nov. 6, 1990 (This area for official notarial Bed) NO, 202 State of California On this the 16thday of February 1982_, before me, SS. COuntyof Orange Cheryl A. Johnson the undersigned Notary Public, personally appeared Anthony L. Bland and Mary Ann Hanover FFICIAL SEAL personally known to me O ('0.F. . A j: HI proved tome on the basis of satisfactory evidence HEPI„ m NOTARY PU LIC CALIFORNIA to be the person(s) who executed the within instrument as. 77 c r,�;lly Mayor and City Clerk or on behalf ofth�Miporai nlherein 'x My c_,,. _., u. �l,cs NLv u, 1989 I� mun1C1DD named, and acknowledged to me that theroorporatfon executed it. my hand and official seal. -9 MID 122 NATIONAL NOTARY ASSOCIATION 0 23012 Ventura BIW. 0 P.O. Boa 4625 a Woodland 1-1i115 CA 91365-4625 DRUB UiE q September 28, 1995 Charles Kluger CCL Realty 2010 Main Street, Suite 960 Irvine, California 92714 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WATT HMT OIL JONES CAROLYN NASH DAVID SWERDUN CRY MANAGER GEORGE SCARBOROUGH Re: Completion of Private Improvements and Release of Bonds - Tracts 12262 and 12423 Dear Mr. Kluger At their meeting of September 19, 1995, the City Council of the City of San Juan Capistrano adopted Resolution No. 95-9-19-3, accepting the work completed for the construction of private improvements within Tracts 12262 and 12423. A copy of Resolution No. 95-9-19-3 is enclosed for your information. The Certificate of Deposit for private street improvements within Tract 12262, Surety No. 13467, and the Certificate of Deposit for private street improvements within Tract 12423, Surety No. 13474, will be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on September 26, 1995; therefore, the sureties may be released on October 31, 1995. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Director of Engineering and Building Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 0 E`r !§ } 0 /§ ) ( §/ q - Lo §§ k _ o� - cli k/ ¢_ } ) f» �w §( �-10 - ao cu \[(�/ j\ §/ d§| \ 2 ) % § - ( |» « \/| ({ ƒ (( � §�M u a 2 k� r » w -£| N _ / / ®\§§K k(§E® �K § J ma a Z�8�¥2� _/)» e §[»®e!■| Ul LU: )r -»;rFr k ;! a■ _ _ /{\j\}�/\k z @-mr_out liao HNIJL Pay to the order of CCL Realty (California) LTD without recourse. Cityc San Juan Capist a o BY L . .�)0- Cy hia L. Pendleton, Cit Treasurer 0 i L 0 a —_�> 7. 0 ! parking, landscaping, and lighting improvements at the southeast corner of El Homo Street and EI Camino Real (Library) by Advanced Construction to be complete: RESOLUTION NO 95-9-19-1. COMPLETION OF THE HO NO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTIONJ - 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 EL HORNO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION The Resolution accepted the work as complete in the amount of $237,355.56 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the retention in the amount of $11,867.78 thirty-five (35) days after recording the Notice of Completion. • • �• • •ul' •e5el ON a PEI M ; imem •• As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities Director, the following Resolution was adopted accepting the completion of the 1995 Weed Abatement Program for the City by Stewart & Associates: RESOLUTION NO. 95-9-19-2 COMPLETION OF 1995 WEED ABATEMENT PROGRAM (T .W RT AND A O . AT ) - 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 1995 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) The Resolution accepted the work as complete in the amount of $14,836.10 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $1,483.61 thirty-five (3 5) days after recording the Notice of Completion. As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the following Resolution was adopted declaring the private street improvements within Tracts 12262 and 12423 by CCL Realty Ltd. to be complete: 0 Citv Council Minutes "4- 9/19/95 RESOLUTION NO 95-9-19-3 COMPLETION OF PRIVATE IMPROVEMENTS RELEASE OF BONDS - TRACTS 12262 AND 12423 (CCL REALTY LTD.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS WITHIN TRACTS 12262 AND 12423 (CCL REALTY LTD.) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the remaining corresponding securities in the amounts of $34,030 and $27,150 for Tracts 12262 and 12423, respectively, thirty-five (35) days after recording the Notice of Completion. As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the contract for the asphalt concrete overlay of Calle Arroyo from La Novia Avenue to Avenida Siega was awarded to the lowest responsible bidder, All American Asphalt, in the amount of $128,090.50. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 1 • !► •11 1 As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the contract for the Spring Street Drainage Improvements was awarded to the second -lowest responsible bidder, Atlas -Allied, Inc., in the amount of $23,915.00. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Also received was a letter dated September 11, 1995, from Steve Cappello, who was the low bidder on this project, requesting an opportunity to address this contract before the Council. Mr. Cappello noted the engineer's estimate was $13,800 and his bid was $13,200. He noted that mistakes were made and requested his bond not be attached. Mr. Scarborough indicated he would meet with Mr. Cappello to work out a solution. C 1• I M S;I Eli NJ w101 1 As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities Director, the specifications were approved for the purchase of the following vehicles for the City. Staff was authorized to call for bids. City Council Minutes -5- 9119195 AGENDA ITEM September 19, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion, Final Report and Release of Surety, Tracts 12262 and 12423 - CCL Realty, Ltd. RECOMMENDATION 1. Determine completion of the private street improvements. 2. Authorize the release of the remaining corresponding securities of $34,030 and $27,150 for Tracts 12262 and 12423 respectively, 35 days after recording of a Notice of Completion. Authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. SITUATION A. a Summary and Recommendation CCL Realty has requested the City to release the remaining sureties held by the City for the private street improvement work. All required improvements have been inspected and satisfactorily completed. Staff recommends release of the corresponding Certificate of Deposit listed below: SURETY COVERAGE TRACT EXISTING AMOUNT % TO BE RELEASED Time Certificate of Deposit 12262 $34,030 100% Time Certificate of Deposit 12423 $27,150 100% BackEround In 1993, Glenfed Development Corporation sold 97 buildable lots within Tracts 12262 and 12423 (Area E & F) to CCL Realty, Ltd., for whom Newport National Corporation is the builder. Prior to the sale, Glenfed had completed most of the public and private street improvement work required by the Tracts' Improvement Agreements, and securities were reduced accordingly by the City in July and August of 1992. FOR CITY COUNCIL AGE*7r3.4'.�... 0 AGENDA ITEM September 19, 1995 Page 2 40 The City continues to retain in force, at full value, the Performance and Labor and Material bonds posted by the original developer, Glenfed, for the public street improvement work within the subject tracts for the following value: Tract 12262, Public Street Improvement Bonds for $64,615 Tract 12423, Public Improvement Bond for $74,680 The public streets within the two tracts are a section of Via Cerro Rebal in Tract 12262, and a section of La NoviaAvenue in Tract 12423. It is Staff recommendation to approve the release of CCL Realty Ltd. remaining securities regarding the private street improvement work, since all such work has been completed to the satisfaction of the City Engineer. W03 lU Rzi-I Lei ►/-515-a OII. ; 1 I I I , OW None ICLIJ VMWAUIJ► CCL Realty, Ltd. Mesa Vista South Townhome Association Mesa Vista North Townhome Association 8140.110/ Adopt the Resolution. Do not adopt the Resolution. Refer to Staff for additional information. 0 AGENDAITEM September 19, 1995 Page 3 0 RECOMMENDATION I . Determine completion of the private street improvements. 2. Authorize the release of the remaining corresponding securities of $34,030 and $27,150 for Tracts 12262 and 12423 respectively, 35 days after recording of a Notice of Completion. 3. Authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Respectfully Submitted: William M. Huber, P.E. Director of Engineering & Building WMH/SS:ssg attachment: Resolution Notice of Completion Location Map (Exhibit A) a:\agendas\9-19glfd. ss VPreparq: air ineer RESOLUTION NO. 95-9-19-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS WITHIN TRACTS 12262 AND 12423 (CCL REALTY LTD) WHEREAS, on February 16, 1988, the City of San Juan Capistrano entered into two Improvement Agreements with Glenfed Development Corporation providing for the construction of certain public and private improvements within Tracts 12262 and 12423; and, WHEREAS, on April 20, 1993, the City Council of the City of San Juan Capistrano approved the transfer and assignment of said Improvement Agreements from Glenfed Development Corporation to CCL Realty Ltd.; and, WHEREAS, CCL Realty Ltd. has requested that the City determine that the private street improvement work within Tracts 12262 and 12423 is complete and that the remaining sureties be released. These sureties are as follows: 134671 Time Certificate of Deposit for private $34,030 street improvements within Tract 12262 134674 Time Certificate of Deposit for private $27,150 street improvements within Tract 12423 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does as follows: SECTION 1. That the works of improvement required to be performed by said developer have been completed. SECTION 2. That the completed private work is approved. SECTION 3. That the sureties described above may be fully released 35 days after recording of a Notice of Completion. 0 0 SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 19th day of ember ,1995. ATTEST: NaW�'A —" CAROLYNONASK MAYOR -2- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 95-9-19-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of September 1995, by the following vote: AYES: Council Members Jones, dart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOFW1S , CITY CLERK -3- {� LOCA I' dON MAP m y M• r i NORTH 0 April 27, 1993 Mr. Joe Richter CCL Realty 3991 MacArthur Boulevard, Suite 320 Newport Beach, California 92660 RMW... . 111 . .. 1 , Dear Mr. Richter: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH ,EFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH At their meeting of April 20, 1993, the City Council of the City of San Juan Capistrano took action to approve the two Assignment of Improvement Agreements between CCL Realty Ltd., and Glenfed Development, for Tracts 12262 and 12423. Enclosed for your files are copies of Resolution No. 93-4-20-3, which approved the Agreement for Tract 12262, and Resolution No. 93-4-20-4, which approved the Agreement for Tract 12423. Also enclosed are copies of the corresponding Agreements. The original Agreements have been forwarded to the Orange County Recorder's Office. Thank you for your cooperation in this matter. If you need any further information, please let us know. Very truly yours, OL41C��C-*— Cheryl Johnson City Clerk Enclosure cc: Glenfed Development Director of Engineering and Building Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 Approval of Year 19 CDBG Opent..rg Agreement - It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the Year 18 CDBG Operating Agreements in the amount of $75,000 in funding be approved for the rehabilitation of mobile homes ($50,000) and the rehabilitation of private properties for low• and moderate -income residents (S25,000). The Mayor was authorized to execute the Agreements on behalf of the City. • L sti• • til :I .'I a bX-1st! •t ; !y. 1. ASSIGNMENT OF IMPROVEMENT AGREEMENTS - TRACTS 12262 AND 9WGLENPTD r%vvPir1Dx4rmTrnRcnRATTnKt AMnrr1 OC.KTVfrn/cm % Written Communication: Report dated April 20, 1993, from the Director of Engineering and Building, recommending that Assignment Agreements be approved with Glenfed and CCL Realty to transfer the responsibilities for completion of the remaining public and private improvement work requirr. by the tracts' improvement Agreements from Glenfed to CCL Realty. Staff based its recommendation , the fact that the majority of the private and public improvements had already been completed by t -pfed, with the remaining work to be completed by the new builder prior to the issuance of Certificates of Occupancy. Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12242_• It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: (TRACT 122621 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM GLENFED DEVELOPMENT CORPORxTION, A CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD. The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: Nano Adoption of Resolution Aenroyipg Aniaament of Improvement &Mnsea for Tract 12423: It was moved by Cottoeil Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: (TRACT 1=1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALEFORNIA,APPROVING TIEASSIGNMENT OF IMPROVE11ulENTAGREEMEM-TOTRANSMALLOKJGATIO44, DUTIES, AND RIG M FROM GLENFED DEVELOPMENT CORPORATION, A CALIFOR",A CORPORATION, TO CCL REALTY (CALIFORNIA) LTD. The motion carried by the following vote: City Council Minutes -8- 4/'_0,,,r 2. AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Written Communications: (1) Report dated April 20, 1993, from the Director of Engineering and Building, recommending that the proposed Residential Rental Inspection Ordinance be modified to become a Property Maintenance Ordinance, which would retain the health and safety elements of the Residential Rental Inspection Ordinance but eliminate the annual inspection program. Staff also recommended that representatives of homeowners associations be encouraged to augment and expand their property management functions to aggressively and effectively enforce their CC&R's and to provide more direct management and enforcement of occupancy and use regulations within their communities. (2) Letter dated April 20, 1993, from Karen Jackie of Paul Jackie & Associates, 18632 Florida Street, Suite 360, Huntington Beach, in support of the staff recommendations and offering suggestions regarding enforcement and consideration of alternatives. (3) Letter dated April 16, 1993, from Blanche Chestek, 26438 Paseo Carmel, requesting the City's assistance in resolving problems at the Capistrano Villas. Mr. Huber made an oral presentation. He noted that the proposed Property Maintenance Ordinance would be enforced on a complaint basis by the City's Code Enforcement Officer and would apply City- wide to all residential property. Council Comments Council Member Campbell expressed concern whether the proposed Ordinance would be strong enough to address existing problems in certain areas of the City. Mr. Huber felt it would be a good start in that direction with staff monitoring its effectiveness before recommending any stronger enforcement. In addition, staff would continue to work with the homeowners associations through the Neighborhood Preservation Program regarding how the associations could better approach the problems. Council Member Campbell stated that matey homeowners associations lack effective management. She advised that she has bees contacted by residents who are frustrated with problems oerairring in their development and who lack as understanding of the CC&R's and bow to get problem$ resolved. Mr. Sear. m , - Sh noted that in many caeca, a development's CC&R's are more strict and more enforceable than City law, and that homeowners associations must be urged to exert their own authority to resolve than problems. Individual complaints can be handled on a ease -by -case basis by contacting the Code Enforcement OlIoer, the City Manager's Office, or the SberiMs Department. Mayor Jones recommended that tenam be provided with a list at the and phone ambers of their homon mar. associadon board members. Council Member Vasquez suggested that homeowners assodation be requested to publish information about the City's program in their newsletter to encourage more tenant participation. Public Cbrmnemir (1) Edea C. Pierce, reprep the Apartment Association of Orange County, 12822 Garden Grove Blvd, Suite D, Garden Grove, spoke in support of the staff recommendation. She acted the Association's letter dated April 14, 1993, in opposition to the City previously proposed Rental Inspection Ordinance. She stated that homeowners associations have more control o%cr City Council Minutes -9- 4/=t) t 0 0 AGENDA ITEM April 20, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Assignments of Improvement Agreement, Tracts 12262 and 12423, GlenFed Development Corporation and CCL Realty Ltd. RECOMMENDATION By resolution, approve the proposed Assignments of Improvement Agreement from GlenFed Development Corporation to CCL Realty Ltd. SITUATION A. Summary and Recommendation GlenFed Development Corporation sold 97 buildable lots within Tracts 12262 and 12423 to CCL Realty Ltd. for whom Newport National Corp. is the builder. GlenFed completed the majority of the public and private improvement work required by the tracts' Improvement Agreements (Exhibits C1 and C2) and the bonds were reduced accordingly. GlenFed's remaining bonds were released and the City accepted the substitute sureties submitted by CCL Realty. In order to transfer the responsibilities for completion of the remaining work, it is necessary for an assignment agreement to be executed by both GlenFed and CCL Realty as well as by the City. B. Background On February 17, 1988, the City Council approved the Final Map for Tracts 12262 and 12423, as well as the corresponding Improvement Agreements with GlenFed Development Corporation who was the original developer of said tracts. The majority of the construction work required by the Improvement Agreements was completed by GlenFed and the corresponding sureties held as bonds were reduced accordingly by the City in July and August, 1992. About a year ago, GlenFed was in the process of selling the remaining empty, buildable lots of these tracts to CCL Realty Ltd. for whom Newport National Corporation is the development/construction manager. The requirement of the escrow for selling these properties was that G1enFed's sureties be replaced by the new proprietors. Consequently, these remaining sureties were fully replaced with certificates of deposit from CCL Realty Ltd. on November 3, 1992. The Improvement Agreements do not allow the developer to transfer his construction improvement obligations to a third party unless the third party's name and mailing address are incorporated into the agreements. In order to transfer all obligations, duties and rights from GlenFed to CCL, two Assignments of FOR CITY COUNCIL AGEN (� n AGENDA ITEM • • April 20, 1993 Page 2 Improvement Agreement (Exhibits B1 and B2), signed by both parties, were submitted to the City with a request for review and execution. The Assignments have been reviewed by staff and City Attorney and appear to be appropriate. It is staff's recommendation to approve the request for approval of assignments in view of the fact that the majority of the private and public improvement work has already been completed by GlenFed and the minor remaining work, including street and sidewalk repair, would be accomplished by the new builder prior to the release of certificates of occupancy. FINANCIAL CONSIDERATIONS None NOTIFICATION GlenFed Development Corporation CCL Realty Ltd. Newport National Corporation ALTERNATE ACTIONS 1. Adopt the resolutions approving the Assignments of Improvement Agreement. 2. Do not adopt the resolutions. 3. Request additional information from staff. RECOMMENDATION By resolution, approve the proposed Assignments of Improvement Agreement from GlenFed Development Corporation to CCL Realty Ltd. Respectfully submitted, alk. /.* / ,--4p William M. Huber, P.E. 'Ar WMH/SS:cl Attachments: 1. Resolution for Tract 12262 2. Resolution for Tract 12423 3. Assignment of Improvement Agreement for Tract 12262 (Exhibit Bl) 4. Assignment of Improvement Agreement for Tract 12423 (Exhibit B2) 5. Improvement Agreement of 2/16/88 for Tract 12262 (Exhibit CI) 6. Improvement Agreement of 2/16/88 for Tract 12423 (Exhibit C2) 7. Location Map (Exhibit D) 0 0 RESOLUTION NO. 93-4-20-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD. WHEREAS, on February 17, 1988, the city of San Juan Capistrano entered into an Improvement Agreement with Glenfed Development Corporation, a California Corporation, providing for the construction of certain public and private improvements within Tract 12423; and, WHEREAS, said agreement specifically identifies the developer as "Glenfed Development Corporation of 16601 Ventura Boulevard, Encino, California 91436; and, WHEREAS, Paragraph 1 of the agreement indicates that said developer shall, at its sole cost and expense, provide and furnish all labor, material and equipment for the installation of all required improvements; and, WHEREAS, said developer has sold the remaining empty, buildable lots to a third party prior to completion of all obligations under the agreement; and, WHEREAS, all necessary sureties required to ascertain completion of the remaining unfinished improvements have been properly transferred and submitted to the City; and, WHEREAS, Glenfed and the third party, CCL Realty Ltd., have requested the right to assign and be assigned the subject Improvement Agreement from Glenfed Development Corporation to CCL Realty Ltd.; and, WHEREAS, the City of San Juan Capistrano has no objection to said assignment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the proposed transfer and assignment of said Improvement Agreement from Glenfed Development Corporation to CCL Realty Ltd. PASSED, APPROVED, AND ADOPTED this 20th day of April , 1993. G�L S, MAYOR ATTEST: -1- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, 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.9;_g_20_q adopted by the City Council of the City of San Juan Capistrano, California, ata regular meeting thereof held on the 20th day of , Alm t , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and (SEAL) CHERYL JORNbUN, CITY CLERK -2- Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JORNbUN, CITY CLERK -2- • October 26, 1992 Mr. Mark Knepper, Vice President of Finance Newport National Communities 5962 La Place Court, Ste 200 Carlsbad, CA 92008 Re: Tract 12262 and 12423 (Glenfed) Improvement Agreement Dear Mr. Knepper: MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY L HAUSOORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN The October 15, 1992 request to extend the dates of completion of work and improvements for the Improvement Agreements of the subject tracts has been reviewed. Extensions have, therefore, been granted in accordance with the agreements as follows: Tract 12262 Tract 12423 Extended to August 31, 1993 Extended to November 30, 1993 Submittal of the agreement assignment forms and the appropriate sureties is anticipated to facilitate the assignment process. Very truly yours, Theodore G. Simon City Engineer TGS:ssg cc: Richard Denhalter William M. Huber Dawn Schanderl ✓ Dan McFarland Sam Shoucair ILO 1�A orn G-� cid U 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 MEMORANDUM 0 TO: Cindy Pendleton, Interim Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk DATE: November 6, 1992 SUBJECT: Time Certificates of Deposit (CCL Realty) On November 4, 1992, the City Clerk's office received a memo from Theodore Simon transferring the following Certificates of Deposit from CCL Realty to our office: 1. Certificate of Deposit No. 134671 in the amount of $34,030.00 drawn from Security Pacific National Bank for the remaining work to be done in Tract 12262 (GlenFed). 2. Certificate of Deposit No. 134674 in the amount of $27,150.00 drawn from Security Pacific National Bank for the remaining work to be done in Tract 12423 (G1enFed). Please put the attached certificates into the safety deposit box. Thank you for your cooperation. cc: Cheryl Johnson, City Clerk Theodore Simon, City Engineer 0 0 NOT SUBJECT TO CHECK SECURITY PACIFIC NATIONAL BANK ti Newport Center 0169 OFFICE 1 ,( 0'0 134671 November 3, 19 92 THIS CERTIFIES THAT CCL REALTY (CALIFORNIA) LTD**************************************** •M K�WHAS gt DEPOSITED IN THIS BANK Thirty four thousand thirty and no/cents*****DOLLARS$34030.00************ G7 Cit of SJuan Capistrano*************************************** PRINCIPAL PAYABLE TO y an uap OR ORDER UPON MATURITY OF Fy+ BEARS INTEREST ATDTHE RATE OFIOy 11NQ$URRENDER PER ANINUME IRF LEFT UPON DEPOSIT UNTILMATTURITYHN INTEREST PAYABLE ISSUE. %TO DEPOSITOR,` SUBJECT TO THE BANK'S RIGHT TO CHANGE THF�Ij�TERESs RATE UPON WRITTEN NOTICE TO DEPOSITOR. 1 U THE MATURITY OF THIS CERTIFICATE IS IIJJ dayFROM DATE AND IT WILL BE AUTOMATICALLY RENEWED FOR SIMILAR PERIODS UNLESS WITHIN (n SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR EDEMPT1 N.1 MAY NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED. AUTOMATICALLY RENEWABLE UPON THE CONDITIONS44 STATED HEREIN. NO INTEREST PAID AFTER MATURITYED SK3N DATE IF NOT RENEWED. .m 8 NOT SUBJECT TO CHECK SECURITY PACIFIC NATIONAL BANK f 1 24231 3 4 6 7 4 Newport Center 0169 OFFICE Nnvamhar 9 ,1y� THIS CERTIFIES THAT CCL REALTY (CALIFORNIA) LTD****** ********-A Twenty-seven thousand one hundred fifty****** 27150. DEPOSITED IN THIS BANK DOLLARS $ PRINCIPAL PAYABLE TOCity of San Juan Capistrano*************************************** OR ORDER UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE OFFICE OF ISSUE. THIS DEPOSIT BEARS INTEREST AT THE RAE OF 05.500 % PER ANNUM IF LEFT UPON DEPOSIT UNTIL MATURITY. INTEREST PAYABLE TO DEPOSITOR. SUBJECT TO THE BANK'S RIGHT TO CHANGE TH56TFRRE T RATE UPON WRITTEN NOTICE TO DEPOSITOR. THE MATURITY OF THIS CERTIFICATE IS UU y FROM DATE AND IT WILL BE AUTOMATICALLY RENEWED FOR SIMILAR PERIODS UNLESS WITHIN (7) SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR DEMPTION. IT MAY NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED. AUTOMATICALLY RENEWABLE UPON THE CONDITIONS STATED HEREIN. NOINTEREST PAID AFTER MATURT/ RI SIGN DATE IF NOT RENEWED. 0 0 MEMORANDUM November 4, 1992 TO: Cheryl Johnson, City Clerk FROM: Theodore G. Simon, City Engineer � 6 0 SUBJECT: Tracts 12423 and 12262 - Newport National Communities/CCL Realty, formerly GlenFed E and F/La Novia Avenue/Via Capri - Surety Submittals The developer of the subject project has submitted the attached Certificates of Deposit as surety for the remaining work (surface asphalt, sidewalk and valve/manhole adjusting) required by the Improvement Agreements. The attached CD's issued by Security Pacific National Bank are as follows: $27,150 (11134674 - 11/3/92) for Tract 12423 $34,030 (#134671 - 11/3/92)for Tract 12262 In addition to providing these CD's, the developer has submitted Improvement Agreement assignment forms for City Council consideration. It is requested that the City Clerk's Office retain possession of the attached Certificates of Deposit until authorized for release by the City Council. TGS:cl Attachments cc: Richard Denhalter Bill Huber Sam Shoucair MEMORANDUM TO: Dawn Schanderl, Deputy City Clerk FROM: Theodore G. Simon, City Engineer October 26, 1992 SUBJECT: Tracts 12262 and 12423 - Improvement Agreements At the City Council meeting of February 16, 1988, Improvement Agreements with Glenfed Development Corporation for Final Maps, Tracts 12262 and 12423, were approved. The agreements state that the developer agrees to complete all of said work and improvements within a period of 365 days from the dates of these agreements. The agreements also state that if additional time is needed, an extension may be granted by the City Engineer in the showing of good cause. These are the last of fifteen tracts comprising the E and F Areas, which contain over 400 lots. The remaining work to be performed is sidewalk, street capping and valve and manhole adjusting. This remaining work does not pose a detriment to the public. At this time, CCL Realty, for whom Newport National Corporation is the development/construction manager, has purchased the subject tracts. Agreement assignment documents are being prepared and replacement sureties are being arranged. Also, the attached schedule has been submitted that indicates new completion dates for these tracts and requests consideration for extending the agreements. Upon reviewing this situation, please extend the agreement for Tract 12262 to August 31, 1993 and for Tract 12423 to November 30, 1993. It should be understood that processing through City Council for acceptance of improvements and approval of bond release and filing of Notice of Completion can only take place subsequent to completion of construction. TGS:ssg CC: Richard Denhalter William M. Huber Dan McFarland Sam Shoucair Attachments October 15, 1992 Mr. Ted Simon City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: MESA VISTA TOWNHOMES TRACT NUMBERS 12262 AND 12423 Dear Ted: Enclosed please find copies of the improvement agreements between the City and Glen Fed Development on Tracts 12262 and 12423. Tract number 12423 is our Phases 1 and 2. The completion date for the last unit of Phase 2 is October 31, 1993. Thirty days thereafter the streets will be capped and accepted by the City of San Juan. Therefore the completion date for the private street improvements for Tract number 12423 will be November 30, 1993. Tract number 12262 is our Phases 3 and 4. The last unit of Phase 4 is scheduled for completion July 31, 1994. Thirty days thereafter the streets will be capped and accepted by the City of San Juan. Therefore the completion date for the private street improvements for Tract number 12262 will be completed August 31, 1994. Please give me a call if you have any questions, comments, or need any additional information. Thank You, Mark Knepp y Vice Presi ent of Finance enclosures simon15 5962 LA PLACE COURT, SUITE 200, CARLSBAD, CA 92008 619/431-6722 FAX 619/438-0046 .. Page 2 CITY CLERK'S DEPARTMENT - ACTION REMINDER It TO Theordore Simon, City Engineer 7'4-�L/,? 2" FROM awn Schanderl, Deputy City Clerk DATE: December 7, 1994 SITUATION: See page 1 for summary. ACTION REQUESTED: On October 12, 1993, agreement was extended to December 21, 1994. Please advise this office if agreement will be completed by December 21st or be extended. ACTION TO BE TAKEN: L,v A9 y� ,f A !4, lm -i 44ia 0' " A/ le►t rte- Ai tl ''arm ��✓ DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: )Z4 J1 SIGNATURE OF OFFICIAL TAKING ACTION: /o DATE SIGNED: A/ ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/07/94 Deadline Date: 12/21/94 cc: City Attorney Department Head (600.30/ti2423) 121,71q,l P- Page 1 6 45 CITY CLERKS DEPARTMENT - ACTION REMINDER i TO: Theodore Simon, City Engineer FROM: Dawn M. Schanderl, Deputy City Clerk DATE: December 15, 1992 SITUATION: At the meeting of February 16, 1988, the City approved an Improvement Agreement with Glenfed Development Corporation for Final Map, Tract 12423. The Agreement states that developer agrees to complete all of said work and improvements within a period of 365 days from date of this agreement. The 365 day limit expires on February 16, 1989. ASSIGNED TO CCL REALTY ON FEBRUARY 24, 1993. On January 16, 1989, Agreement was extended to July 16, 1989. On June 16, 1989, Agreement was extended to January 16, 1990. On December 18, 1989, Agreement was extended to June 16, 1990. On June 22, 1990, Agreement was extended to January 16, 1991. On December 12, 1990, agreement was extended to June 29, 1991. On June 13, 1991, agreement was extended to December 12, 1991. On December 30, 1991, agreement was extended to June 30, 1992., On June 4, 1992, agreement was extended to December 29, 1992. On October 26, 1992 extended per City Engineer letter to November 30, 1993. ACTION REQUESTED: The agreement states that if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by November 30th or be extended. ACTION TO BETAKEN: 1i !y DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: J&4 Pllft,f' SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 1/02/89 6/16/89 12/16/89 6/16/90 12/16/90 Deadline Date: 2/16/89 7/16/89 1/16/90 7/16/90 01/16/91 06/01/91 12/01/91 06/01/92 12/15/92 10/11/93 06/29/91 12/12/91 06/30/92 12/29/92 11/30/93 0 0 5a4�x CITY CLERK'S DEPARTMENT - ACTION REMINDER k �rCs •• Q a TA: Theodore Simon, City Engineer �[! OL— /, �3 T-Ia `t FROM: lawn M. Schanderl, Deputy City Clerk DATE: December 15, 1992 SITUATION: At the meeting of February 16, 1988, the City approved an Improvement Agreement with Glenfed Development Corporation for Final Map, Tract 12423. The Agreement states that developer agrees to complete all of said work and improvements within a period of 365 days from date of this agreement. The 365 day limit expires on February 16, 1989. On January 16, 1989, Agreement was extended to July 16, 1989. On June 16, 1989, Agreement was extended to January 16, 1990. On December 18, 1989, Agreement was extended to June 16, 1990. On June 22, 1990, Agreement was extended to January 16, 1991. On December 12, 1990, agreement was extended to June 29, 1991. On June 13, 1991, agreement was extended to December 12, 1991. On December 30, 1991, agreement was extended to June 30, 1992. On June 4, 1992, agreement was extended to December 29, 1992. ACTION REQUESTED: The agreement states that if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by December 29th or be extended. ACTION TO BETAKEN: &7LA/Q d1-6",FA4,6 NT rD Je C ) 7/ l ?q'� DATE WHEN NEXT ACTION (S) SHOULD BETAKEN. DEC 7 / 99 ,-tle 01 SIGNATURE OF OFFICIAL TAKING ACTION: 'Jai DATE SIGNED: ID 3 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 1/02/89 6/16/89 12/16/89 6/16/90 12/16/90 Deadline Date: 2/16/89 7/16/89 1/16/90 7/16/90 01/16/91 06/01/91 12/01/91 06/01/92 12/15/92 06/29/91 12/12/91 06/30/92 12/29/92 cc: City Attorney Assistant City Manager Department Head (600.30/t 12423) Ll October 26, 1992 Mr. Mark Knepper, Vice President of Finance Newport National Communities 5962 La Place Court, Ste 200 Carlsbad, CA 92008 Re: Tract 12262 and 12423 (Glenfed) Improvement Agreement Dear Mr. Knepper: -T MEMBERS OF THECITY COUNCIL KENNETH E FRIESS JERRY HARRIS GARY L HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN S JULIAN IC-II—Q�5 Fvc — The October 15, 1992 request to extend the dates of completion of work and improvements for the Improvement Agreements of the subject tracts has been reviewed. Extensions have, therefore, been granted in accordance with the agreements as follows: Tract 12262 Extended to August 31, 1993 Tract 12423 Extende# to November 30, 1993 Submittal of the agreement assignment forms and the appropriate sureties is anticipated to facilitate the assignment process. Very truly yours, /i�.=-- Theodore G. Simon City Engineer TGS:ssg Cc: Richard Denhalter William M. Huber Dawn Schanderl ✓ Dan McFarland Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 CERTIFICATE OF INSURANCE [Page: 1 of 11 Issue Date .FRODUCER [9-22-94 ] THIS CERTIFICATE I SSUED AS A MATTER OF PHILIP B. ROBINSON INSURANCE INFORMATION ONLY AN CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2402 MICHELSON DR. #175 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE IRVINE CA 92715 AFFORDED BY THE POLICIES BELOW. [Companies Affording Coverage] INSURED Company A GERLING AMERICA INSURANCE CO. CCL HOLDINGS (USA) LTD., CCL Company B CALIFORNIA COMPENSATION INS.CO. REALTY LTD.,& CCL REALTY II LTD Company C 2010 MAIN ST. #960 Company D _-- IRVINE, CA 92714 Company E % V23 COVERAGES ` * " x %*.k EM ,MW"Oi"N^: . „ .,� This is to certify that the Policies of Insurance fise�eloa�ve`lieen issued to the Insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. CO TYPE of INSURANCE POLICY NO. POLICY POLICY LIMITS LTR EFF DATE EXP DATE GENERAL LIABILITY 8020024GLP 9-12-94 9-12-95 Genl Aggr .$2,000,000 [A] [/]Commercial Gen Liab Pd-Cp/Op Ag$1,000,000 [ ]Clms Md [4]Occur P1&Adv.Inj.$1,000,000 [A]Mwner's & Contract. Each Occ. $1,000,000 Protection FireDam/lfi$100,000 [ ] [ ]: Med Exp/lpr$5,000 AUTOMOBILE LIABILITY CSL $ [ ] [ ]Any Auto [ ] [ ]All Owned Autos BI/person $ [ ] [ ]Scheduled Autos [ ] [ ]Hired Autos BI/accdnt $ [ ] [ ]Non -Owned Autos [ ] [ ]Garage Liability Prop.Damg. $ [A] EXCESS LIABILITY 8030006CUP 9-12-94 9-12-95 Each Occr. $4,000,000 [,]Umbrella Form Aggregate $4,000,000 [ ]Other than Umb Form Y 19tATUTORY...LIMITS.. [B] WORKER'S COMPENSATION W949110492 9-1-94 9-1-95 Ea. Acc. $ay000,000 AND Dis.Pol. $x,000,000 EMPLOYER'S LIABILITY Ea.Eml. $a% 000,000 n [A] OTHER PROPERTY & COC 8010024IMP 9-12-94 9-12-95 l,. D ' $9w 2 rn,000 DESCRIPTION of Operations/Locations/Vehicles/Special Items <- ;i o n LOCATIONS: RIDGECREST PROJECT, SAN JUAN CAPISTRANO, CA AND EAST�GE VOJECT, SIMI VALLEY, CA. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED Man'.m CERTIFICATE HOLDER in CANCELLATION: Should any of the above policies be CITY OF SAN JUAN FM cancelled before the expiration date thereof, the CAPISTRANO, COMMUNITY M issuing company will endeavor to mail [10 ] days REDEVELOPMENT AGENCY RK written notice to the certificate holder named to 32400 PASEO ADELANTO the left, but failure to mail such notice shall SAN JUAN CAPISTRANO, CA impose no obligation or liability of any kind 92675k upon the company, its ageptVmr representatives. µs 25-S(7/90) w_µ..s,,» AUTHORIZED REPRESENTATIVE�� t • I Ho I10 I"M (STA61t110 1961 1776 September 13, 1994 Mr. Joe Richter CCL Realty 3991 MacArthur Boulevard, Suite 320 Newport Beach, California 92660 Dear Mr. Richter: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGE SCARBOROUGH 1I-1 . 1rs The General Liability Certificate of Insurance, regarding the above -referenced Improvement Agreement, is due to expire on September 12, 1994. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. I have included a City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by September 28, 1994. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very truly yours, alzale, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Sam Shoucair, Civil Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 0 PBR GROUP 9-22-94 City of San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Dawn Schanderl Re: CCL Holdings (USA) Ltd., Etal Dear Ms. Schanderl: Enclosed, please find our certificate of insurance for the above referenced insured. Please contact our office it you have any questions concerning the contract. (5e! -rely, Brian P. Robinson BPR:jh ROBINSON INSURANCE AGENCY & CREST INSURANCE SERVICE 2402 MICHELSON DR_, STE. 175, IRVINE, CA 92715 714-474-9300 714-474-8991 FAX DEC- 3-93 FRI 16:16 SELTZER ENT FAX N0. 714+289-10503 P.02 todleer TRIS CEAIIFICAYS 15 ISSUED AS A NATTER OF INFORMATION OILY AND CONFERS Bryan D. Seltzer Ise Sery#Oe Sts.11o7 NO RIGHTS t" THE CERTIFICATE HOLDER. TRIS CERTIFICATE DOES NOT AMM, UTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGES Orange, CAa92669Ave. (716) f289-7676 Letter A RESORB INC. Insured CCLHOOI-xxx Lettteerr 8 GREAT LAKES AEIP80'RAWS COMPAW CQww Letter C ®o, 36 CCL Oldfa a eOSA)# Ltd. CCL (Cal f)LTD COi, Roalty IT(Ca 9991 NaoAr hur Blvd. Sulte Newport Beach 92660 Cwgmv _- Letter D % /2 Z12 .3 letter er E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEBELOW HAW BEEN ISO= TO THE INSURED NAMED ~ FOR THE POLICY PER - IUD INDICATED, NOTVITNSTANDING ANY REWIRENENTS, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VITA RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INOMARCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL TRE TERNS, EXCLUSION AND W0171CPS OF SUCH POLICIES. LIMITS ODA MAT NAVE BEEN REOWCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE POLICY EV DATE LIMITS LTR (M/dd/yy) (mWdd/yy) GENERAL LIABILITY Generat Aggregate S 5,000,000 A (J) Cummtalat Generat Llob. Haft h ME ICidime /10ecur DOL184243 09/12/93 09/12/94 Prod-Comp/Ops An Pars i Ade Injury Each Occurrence S E S 5,000#000 I I MBMIer'a i contractors Protective I 1 I I Fire Damage (Any am fire) Mediu: Payments (Arty we wean) $ S AUTORIB ILE LIABILITY' combined i Slagle L1git I I Any Auto Bodity injury (Per Person) S I I All ONned Auto& I I Scheduled Autos 3 1 Mirad Autos Bodily Injury (Per Accident) S I I Mon - Orwd Autos I 1 Geroge Liability f ] Property Damage B EACESS LIABILITY I I thbretto Farm L I Other Then Ibbrelle Fong Ea Occurrence S A to S YORKER'S COPENSAT10% AND 91PL0YERIS LIABILITY t 3 Statutory Each Accident Disease -Pel Limit S Disease -Each ENpI f 8 JOTHERPROVERTY COVB6 LL BIRK A4 CN4S81DO0 09/10/93 09/10/94 1#Sp00,000. AAKZ AND FLOOD CBRTIIICA1Da80LD tII�Bwhleles /sAS Aial DDITIONAL INBORED. CITY OI? BAN JUAN CAPISTRANO 32400 PASEO ADELANITO Should airy of above described Policies ere the expiration date thereat, the issuing coffpwW will mil 30 days written notice to the Certificate holder named to the teft SAN JOAN CAPISTRANO, CA. 92673 Authorized Representative' /1 e ATTUISAffi 6130013AIM 6 DAMP BCBANDR DEC- 3-93 FRI 16:17 SELTZER ENT l� .F1 POLICY NUMBER: DOL184243 FAX NO. 714+289+0503 P.03 • COMMERCIAL GENERAL LIABILITY RESURE INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person orOrtanizatiom CITY:OF: SAN:JUAQ:CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano,Ca. 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section If) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you. CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 INE a DIWO Y!E IE October 31, 1995 Mr. Charles Kluger CCL Realty 2010 Main Street, Suite 960 Irvine, California 92714 Dear Mr. Kluger: Jwo„ f ` '�0(OAIAA�O 11T41Lh EB 1961 1776 KSMIWITT�f go 0=6 numm MEMBERS OF THE CRY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH DAVID SWERDUN CRY MANAGER GEORGE SCARBOROUGH Per City Council Action of September 19, 1995, the following Time Certificates of Deposit have been released effective October 31, 1995: • 1►M 134671 (Tract 12262) $34,030 134674 (Tract 12423) $27,150 If you have any questions, please do not hesitate to call me at 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer William Huber, Director of Engineering & Building Services This is to acknowledge that I have received Time Certificates of Deposit Nos. 134671 and 134674 issued by Security National Bank, Newport Center 0169. �cstA..sL..._ L—� Charles Kluger, CC Realty Dated this I `f of November, 1995. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 November 10, 1995 VIA HAND -DELIVERY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn. Ms. Dawn Schanderl Deputy City Clerk Re: Letter of Credit Project: Ridge Crest, San Juan Capistrano, California Dear Ms. Schanderl: As an officer of CCL Realty (California) Ltd., this letter authorizes the City of San Juan Capistrano to release the Letter of Credit to Mr. Charles W. Kluger, an employee of CCL. I have enclosed a Certificate of Secretary naming the officers of CCL Realty (California) Ltd. for your files. If you have any questions, please contact our office at (714) 752-9100. Very truly yours, CCL REALTY (CALIFORNIA) LTD. David Chang President DC/ads Enc. c: Charles W. Kluger 2010 Main Street, Suite 960, Irvine, CA 92714 ♦ (714) 752-9100 ♦ FAX(714)752-5333 0 0 CERTIFICATE OF SECRETARY OF CCL REALTY (CALIFORNIA) LTD., a California corporation The undersigned, hereby certifies that the following persons are the duly elected officers of said corporation: President: Vice President: Vice President: Treasurer (Chief Financial Officer): Secretary: DAVID CHANG FRANK E. ECKERT JOSEPH A. RICHTER FRANK E. ECKERT DAVID CHANG IN WITNESS WHEREOF, the undersigned has executed this instrument on this 2nd day of November, 1995. CMU _OESEC dZv— DAVID CHANG Secretary (R. 02 -Nov 95, 01:Mp) September 20, 1995 EE (j mmwum I:I,II�:,I� 1961 1776 CON FORM ED COPT Not Compata/ with a,iiiaal Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 MEMBERS OF THE CT' COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN N DAVID SWEROUN CITY MANAGER GEORGE SCARBOROUGH Recorded in the County of Orange, California Gari L. Granville, Clerk/Recorder IIIIIIIIIIIIIIIII I�l�Ill111111Jill 11111 No Fee 005 021180 07 12 MB39950420397 2:44pm 09/26/95 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 Re: Notice of Completion - Tracts 12262 and 12423 Gentlemen: The following document is enclosed for recordation: Nutice of Compieiion of Private Street improvements and Release of Bonds, Tracts 12262 and 12423 (CCL Realty Ltd) When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Enclosure Document Number Date 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 0 May 4, 1993 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARBOROUGH Re: Assignment of Improvement Agreement - Tract 12423 Gentlemen: The following document is enclosed for recordation: Assignment of Improvement Agreement - Tract 12423 When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly your , Cheryl Jo nson City Clerk THE ORISINAL OF THIS DOCUMENT Document Number ✓ WAS RECORDED ON 14 -NAY -2943. Enclosure D&UMENI NUMBEK 93-0325266. Date / LEE A. BRANCH, COUNTY RECORDER 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 co" EXEMPT • C10 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 'City Copy" RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 MARY ANN AN VE , City Clerk San Juan Cirpistrano, California PROJECT: Fina: Map, Tract 12423 (Glenfed) IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Glenfed Development Corporation whose mailing address is: 16601 Ventura Blvd., Encino, CA 91436, hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved Final Map, Tract 12423; and WHEREAS, DEVELOPER desires to postpone the installation of the public and/or private improvements for Final Map, Tract 12423 until after the CITY's acceptance of the Final Map; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Final Map, Tract 12423 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Final Map, Tract 12423 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include but are not limited to: design and construction of the improvements to La Novia to the project boundary by November, 1988, and construction of La Novia from the project boundary to Valle Road prior to the issuance of the Use and Occupancy Permit for the 401st dwelling unit; all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs; the supplying and planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. 88-076738 PROJEC,. _.ial Map, Tract 12423 2. DEVELOPER shall at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 12423 and the improvements therefor. 4. DEVELOPER shall provide the following sureties, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a subdivision faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements; and (d) A Faithful Performance - Public Works Surety in an amount equal to the total estimated cost of work to monument tract boundaries, open space areas and public street center lines. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 1SHT6738 0 PROJEC....tal Map, Tract 12423 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for 365 days until February 14 19 89. W WITNESS WHEREOF, the parties have executed this agreement as of Feb rua 16 1988 Dat CITY OF SAN JUAN CAPISTRANO ATTEST: MARY ANN N ER, CITY CLERK BY GLENFED DE ELOP ENT CORPORATI TAK FU APPROVED A TO FORM: BY GLENFED DEVELOPMENT CORPORATION ROSS WILLARD OCT -13-1992 2321 Ff TO16194380046 P.02 /"- CITY CLERKS DEPARTLIENT - ACTION REMINDER, TOg Theodore Simon, City Engineer FROMs Dawn M. Schanderi, Deputy City Clerk DATE: June 1, 1992 STUATIONg At the meeting of February 16, 1988, the City approved an Improvement Agreement with Glenfed Development Corporation for Final Map, Tract 12423. The Agreement states.. that developer agrees to complete all of said work and improvements within a period of 363 days from date of this agreement. The 363 day limit expires on February 16, 1989. On January 16, 1989, Agreement was extended to July 16, 1989. On June 169 1989, Agreement was extended to January 169 1990. On December 18, 1989, Agreement was extended to June 16, 1990. On June 229 19903, Agreement was extended to January 16, 1991. On December 12, 1990, agreement was extended to June 299 1991. On June 13, 19919 agreement was extended to December 12, 1991. On December 30, 1991, agreement was extended to June 30, 1992. ACTION REQUF.STEDs The agreement states that if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by June 30th or be extended. ACTION TO BE TAKEN: A 'fl.w /O Q6 Z 9 I99L DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: & /S if f4 SIGNATURE OF OFFICIAL TAKING ACTION: 7 2L DATE SIGNEDg .4404 M ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 1/02/89 6/16/89 • 12/16/89 6/16/90 Deadline Date: 2/16/89 7/16/89 1/16/90 7/16/90 12/16/91 06/01/91 12/01/91 06/01/92 01/16/91 06/29/91 12/12/91 06/30/92 cc: City Attorney t Assistant City Manager Department Hand (600.30 ti2423) JUIN 01192 arw