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1987-0616_SHERATON INTERCONTINENTAL DEVELOPMENT INC_Improvement Agr• RECORDED AT THE REQUEST OF AND RETURN TO: 89-125875 RECORDED IN OFFICIAL RECORDS 41 OF ORANGE COUNTY, CALIFORNIA 1:30 MAR 10 1989 P.M. oj�L Q VawrrtRECORDER RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Mary Ann H er, City Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Sheraton Sntercontinental, 18200 Von Karmen, #200, Irvine, California, 92714, subdivider of Traact 11753, requires the subdivider to complete the following, to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS (SEWER, STORM DRAIN AND HIKING/EQUESTRIAN TRAIL) AND PRIVATE STREETS IN CONJUNCTION WITH TRACT 11753 IN THE CITY OF SAN JUAN CAPISTRANO That said improvements were 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 the public improvements (sewer, storm drain, and hiking/equestrian trail) were accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 7th day of March, 1989, by Resolution No. 89-3-7-1 That upon said agreement, Trinity Valley Savings was surety for the Letters of Credit given by said subdivider as required by the agreement. Dated at San Juan Capistrano, California, this 8th day of March SLATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ary Ann Han er, ity Clerk City of San J6an Capistrano ss. } 1989. 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 Completion 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, California, this 8th day of March , 1989. MMa y Ann Han r, City Clerk City of San Juan Capistrano 0 877359135 „Cio Copy" RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano =XEMPT-1Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 San Juan C pistrano. California PROJECT: Final Map Tract 11753 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 Sheraton International Development, Inc., hereinafter called the "DEVELOPER", whose mailing address is: Sheraton International Development, 29794 Suffolk Lane San Juan Capistrano, CA 92675 WITNESSETH: WHEREAS, the CITY has conditionally approved WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements for 365 days after the CITY's approval of Final Map Tract 11753; 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 11753 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 11753 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: all off-site grading work; paving of all streets and public service easements; construction of concrete curbs and gutters; 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 the following acts and obligations required by the CITY as condition of the approval of the project: A. Home Warranty - The provisions of Chapter 8-6 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes—during any 12 -month period. C_ Inc. Tentative Tract 11753; and; .s WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements for 365 days after the CITY's approval of Final Map Tract 11753; 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 11753 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 11753 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: all off-site grading work; paving of all streets and public service easements; construction of concrete curbs and gutters; 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 the following acts and obligations required by the CITY as condition of the approval of the project: A. Home Warranty - The provisions of Chapter 8-6 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes—during any 12 -month period. • 877359135 PROJECT Winal Map Tract 11753 Landscaping Installation - Landscaping shall be installed as follows: Erosion control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. 2. All trees and all other non -erosion -control landscaping shall be installed immediately after rough grade certification. Said planting to be maintained by the developer until such time as released to the homeowners' association or individual property owner. C. Landscape Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. D. Private Streets - The following private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code: Golden Ridge Lane and Somerset Lane. E. Slopes - All manufactured slopes shall be designed and constructed in accordance with Sections 9-3.505 and 9-4.112 of the Municipal Code. All such slopes shall be 2:1 or flatter. F. Sanitary Sewers - Sanitary sewers shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. Developer shall accept all financial responsibility, when necessary, to improve the three pump stations located in Tract 6381 with six (6) new impellers and install a fresh water circulating system to insure the mobility of the waste. The developer will also restore any landscape/hardscape disruption to its prior status. Developer will, at the discretion of the City Engineer, pay an energy charge for operation of the required lift station. G. Equestrian/Hiking Trails - Equestrian/hiking trails shall be irrevocably offered for dedication to the City as public use easements and shall be dedicated and maintained by the homeowners' association in conformance with the adopted Equestrian/Hiking Trail Design Manual. Said design standards shall be waived for the feeder trail over Lot 1 as it regards the maximum slope gradient. The trail gradient may be increased up to, but not exceeding, 28 percent. Developer shall construct the trails, cause them to be surveyed, deeds prepared, and the trails dedicated. H. Other Improvements - Driveways, utility undergrounding, street lights, and drainage facilities shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. 1. Cable Service - The developer shall be prohibited from entering into exclusive agreements for cable services. Cable service shall be determined by the City in accordance with criteria established by Title 7, Chapter 2 of the Municipal Code (Cable Television Systems). 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 GENERAL ACKNOWLEDGMENT ants of County U/jv'GK ti } ss. 87=359135 the undersigned Notary Public, personally appeared 119&Z before me, ❑ personally known to me b( -proved to me on the basis of satisfactory 9XIdence to be the persorowhose namWor �66 _subscribed so the within instrument, and acknowledged that executed IL WITNESS my hand and official seal. req art MATKML MDTAWASSOCIAUM 0 23MR Nies clod 0 A0 as 4M 0 weee.e Nat a srar.sa 87-359135 PROJECT Final Mao Tract 11753 the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with Section 9-4.109 of the Municipal Code and the requirements of said District. Said distribution facilities and appurtenances shall be approved by the Fire Marshal. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Final Map Tract 11753 and the improvements thereof. 4. DEVELOPER shall provide the following surety, 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 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. 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 'or 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. 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. • CORPORATE ACKNOWLEDGMENT 87.-35910 RECORDED IN OFFICIA:CALIFOR]NIA OF ORANGE COUNTY. '218 PMMJOUNTY NO 202 State of California On this the 18th day of June 198-7, before me, SS. Countyof Orange Cheryl A. Johnson the undersigned Notary Public, personally appeared Mary Ann Hanover ® personally known tome ❑ proved to me on the basis of satisfactory evidence FICIAL SEAL to be the person(s) who executed the within instrument as. YL A JOHNSON City Clerk munici al [0:::H PUBLIC -CALIFORNIA oron behalf of the�corporatlbntherein Nnamedand acknowledged to me that the corporation executed it. e. expins 0'J P1n, 1989 WITf�ESS my hand and official seal. .HIM T.Sig-jrture 1 CORPORATE ACKNOWLEDGMENT State of California SS. County of _Orange I OFFICIAL SEAL CHERYL A JOHNSON m NOTARY PUBLIC - CALIFOR.NIA OIU GE CwN1Y My romm. expires NuV 11, 1969 On this the 16th day of June Cheryl A. Johnson the undersigned Notary Public, personally appeared Anthony L. Bland NO, 202 19 87, before me, ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. ,mmunic� al Mayor or on behalf of theroorporatlon therein named, and acknowledged to me that the corporation executed it. WI ESS my hand and official seal. nzu rze NATIONAL NOTARY ASSOCIATION • 23012 Ventum Blvd.. P.O. Boz 4625 • Woodland Hills, CA 91365-4625 PROJECT — Final Map Tract 11753 87=359135 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 completion of improvements for 365 days until June 16 , 19 88. IN WITNESS THEREOF, the parties have executed this agreement as of June 16, 1987 Date CITY OF SAN JUAN CAPISTRANO ANTHONY L AND, MAYOR ATTEST: DEVELOPER Sheraton Intercontinetnal Develommts, Inc. MARY ANN OVER, CITY CLERK BY James Wood APPROVED AS TO FORM: BY JOHN 4 SHAW, CITY ATTORNEY -5- 0 April 13, 1989 JMon y U' 1111111011@1 nNB1RN 1961 1776 • • MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. MESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Sheraton Intercontinental 18200 Von Karmen, #200 Irvine, California 92715 Re: Release of Irrevocable Letter of Credit No. LC -87-19 (Tract 11753) Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held March 7, 1989, adopted Resolution No 89-3-7-1 accepting the work completed for the construction of public improvements and private streets for Tract 11753. The City Council directed the release of the following Letter of Credit, 35 days after recording the Notice of Completion: Letter of Credit No. LC -87-19 $764,700.00 Surety for Improvements, Tract 11753 Hunt Club Phase II The Notice was recorded on March 10, 1989; therefore, the Letter of Credit is released effective this 14th day of April, 1989. Enclosed are copies for your records. Very truly yours, Y"&" i 4CAai Al dens Mary Ann Hanover, CMC City Clerk MAH/dms Enclosure cc: Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 0 TRINITY �V SAVINGS LETTER OF CREDIT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Stephen B. Julian, City Manager 0 P.O. Box 1026 1408 E Houston . Cleveland, Texas 77327 (713) 592-8795 RE: Irrevocable Letter of Credit No. LC -87-19 Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and Sheraton Intercontinental Developments, Inc., hereinafter referred to as "Principal" covering certain improvements to be installed in that certain subdivision known and designated as Tract 11753 (Hunt Club, Phase II) by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. LC -87-19 in the amount of Seven Hundred Sixty Four Thousand, Seven Hundred U. S. Dollars ($764_,700.00)1 to be paid by drafts at sight on us if City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that amount of this draft is, there- fore, now due and payable. IT IS AGREED that the above funds are on deposit and guaranteed for payment and said funds shall become trust funds for the purposes set forth herein as required by Section 66499.6 of the Government Code of the State of California. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. D City of San Juan Capistrano Letter of Credit Page 2 0 All drafts under this letter of credit shall be marked: TRINTY VALLEY SAVINGS & LOAN ASSOCIATION C/O Trinity Valley Mortgage Corporation 10691 Los Alamitos Boulevard Los Alamitos, CA 90720 Irrevocable Letter of Credit No. LC -87-19 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Further, that all drafts shall be delivered to City in accordance with Cal. Comm. Code 5]]2. This letter of credit shall be deemed automatically extended without amendment one year from the present and annually thereafter unless sixty (60) days prior to any such date bank shall notify City Clerk, by registered or certified letter, that bank elects not to renew for such additional one year. In any event, this guaranteed letter of credit shall expire forty-five (45) days after City's approval of the foregoing improvements and the recordation of the Notice of Acceptance. DATED: ;;�/ZZ /9 7 A Chairman of the Board APPROVED AS TO :mag ASSOCIATION RELEASED DATE 1-I-4 4 -M INITIALS ADDENDUM 0 RE: Irrevocable Letter of Credit No. LC -87-19 Breakdown of bond amounts as required by the City of San Juan Capistrano Engineering Division 1. Faithful Performance (public) 2. Labor & Material (public) 3. Faithful Performance (private) 4. Monumentation $264,000 264,000 231,000 5,700 764,700 DATE 4 - Ig -8q INITIALS a4TL,4.- I 1/12187 All correspondence referencing Sheraton Intercontinental Development Inc., Tracts 11826 and 11753 will be sent to: Tony Lowe, Attorney Corbett F, Steelman 18200 Von Karman, X1200 Irvine, California 92715 Kevin Sheridan J� n Project Director 27942 Suffolk Lane San Juan Capistrano, CA 92675 (714) 661-7406 0 0 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated February 23, 1989, in the total amount of $643,170.38, was approved as submitted. 2. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated March 7, 1989, from the Secretary of the Los Rios Review Committee, regarding actions taken at the meeting of February 23, 1989, was ordered received and filed. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated March 7, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of February 21, 1989, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION AND EQUESTRIAN COMMISSION JOINT MEETING (920.20/930.40) The Report dated March 7, 1989, from the Director of Community Services/Secretary of the Parks and Recreation and Equestrian Commissions, regarding actions taken at the joint meeting of February 27, 1989, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 7, 1989, from the Secretary of the Planning Commission, regarding actions taken at the meeting of February 28, 1989, was ordered received and filed. ---� 6. ACCEPTANCE OF SEWER AND STORM DRAIN IMPROVEMENTS - TRACT DEVELOPMENT) (600.30) As set forth in the report dated March 7, 1989, from the Director of Public Works, the improvements to the sewer and storm drain and hiking/equestrian trail within Tract 11753 were completed. Acceptance of Work: The following Resolution was adopted: -5- 3/7/89 0 0 RESOLUTION NO. 89-3-7-1. COMPLETION OF PUBLIC IMPROVEMENTS AND PRIVATE STREETS, TRACT 11753 (HUNT CLUB PHASE II) - 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 (SEWER, STORM DRAIN, HIKING/ EQUESTRIAN TRAIL) AND PRIVATE STREETS - TRACT 11753 (HUNT CLUB PHASE II) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder within ten days from the date of acceptance. The City Clerk was authorized to exonerate the Letters of Credit for Faithful Performance (Public), Labor and Material (both @ $264,000), Faithful Performance - Private ($231,000), and Monumentation ($5,700) thirty- five days after recording the Notice of Completion. 7. CITY STREET REPAIRS PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated March 7, 1989, from the Director of Public Works, the plans and specifications were approved for repairs to various City streets, including the asphalt concrete overlay of the two-lane section of Junipero Serra Road, minor welding of Camino Capistrano at that intersection, asphalt concrete replacement for the northbound lane of Rancho Viejo Road in the vicinity of Village Road, crack sealing of Camino Capistrano from Ortega Highway to Del Obispo Street, and minor curb and gutter work at Viewpoint Circle, Branding Iron Road, and the corner of Via Cristal and Via Perla. Estimated cost for this project is $55,000, with funds budgeted in the amount of $100,000. Staff was authorized to call for bids. 8. INSTALLATION OF TRAFFIC SIGNAL CAMINO CAPISTRANO/ ACJACHEMA STREET - PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated March 7, 1989, from the Director of Public Works, the plans and specifications were approved for the Acjachema Street/Camino Capistrano Traffic Signal Installation Project. Estimated cost for this project is $75,000, with funds budgeted in the amount of $92,000. Staff was authorized to call for bids. ZM 3/7/89 AGENDA ITEM TO: FROM: SUBJECT: SITUATION 0 0 March 7, 1989 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Acceptance of Public Improvements and Release of Surety Private Streets - Tract 11753 (Hunt Club Phase II) Staff has recommended that the drain, and hiking/equestrian trai sureties. The improvements have The Faithful Performance Surety ($5,700) shall also be released. County Recorder upon acceptance Letters of Credit written by Trini this action are: City accept the public improvements (sewer, storm within Tract 11753 and release the corresponding been completed and accepted by the City Inspector. for the private streets ($231,000) and Monumentation The City will file a Notice of Completion with the of the public improvements. Surety for this tract are :y Valley Savings. The sureties to be released through PURPOSE AMOUNT Faithful Performance - Public (Sewer, Storm Drain, Hiking/Equestrian) $264,000 Labor & Material - Public (Sewer, Storm Drain, Hiking/Equestrian) 264,000 Faithful Performance - Private (Streets) 231,000 Monumentation 5,700 NOTIFICATION Mitchell Owen, Project Superintendent Sheraton Intercontinental Fairway Land Company Hunt Club I and II Homeowners Associations Stoneridge Homeowners Association Adjacent Property Owners COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS There is no cost or compensation to the City associated with this action. FOR CITY COUNCIL AGEND Z6 AGENDA ITEM • • March 7, 1999 Page 2 ALTERNATE ACTIONS 1. Accept the public improvements within Tract 11753 and release corresponding surety. 2. Do not accept the public improvements within Tract 11753 and do not release corresponding surety. 3. Request additional information from Staff. RECOMMENDATION By resolution, determine that the public improvements (sewer, storm drain, hiking/equestrian trail) within Tract 11753 have been completed and declare the work to be accepted; direct the City Clerk that, within ten days from the date of acceptance, a Notice of Completion be filed with the Orange County Recorder. By motion, authorize the City Clerk to exonerate the Letters of Credit for Faithful Performance (Public), Labor and Material (both @ $264,000), Faithful Performance - Private ($231,000), and Monumentation ($5,700) upon the expiration of thirty-five days from the filing of the Notice of Completion. Respectfully submitted, �n k;� W. D. Murphy WDM/RAF:kls RESOLUTION NO. 89-3-7-1 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 (SEWER, STORM DRAIN, HIKING/EQUESTRIAN TRAIL) AND PRIVATE STREETS - TRACT 11753 (HUNT CLUB PHASE 11) WHEREAS, the City of San Juan Capistrano has entered into an agreement with Sheraton Intercontinental, 18200 Von Karmen, #200, Irvine, California 92714, for the construction of public improvements in Tract 11753; and, WHEREAS, the Director of Public Works has found the sewer, storm drain, hiking/equestrian trail, and private streets to be in compliance with the plans and specifications of Tract 11753, the Director also finds said improvements to be in compliance with City specifications and special conditions and, therefore, recommends approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the sewer, storm drain, hiking/equestrian trail, and private street work required to be performed by said subdivider has been completed. SECTION 2. That said Public Improvements (sewer, storm drain, and hiking/equestrian trail) are hereby accepted and approved. SECTION 3. 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 7rh day of I -larch , 1989. ATTEST: -1- 9 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 89-3-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day Of March , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: None (SEAL) MARY AN '"ANOVER, CITY CLERK -2- iOCATION MAP Itk U N A�% EL NIDO ,n MOBILE 9 a HOME v y PARK v A � � c A O 9 9 a �O J 05E N U u n U 1. 2. 0 Y Written Communicatio Report dated June 16, 19 pursuant to the April 21, 19 Commission had review recommendation of j roval. MA v moved by Councilman timously carried to adopt t it Use in San Juan Capistran 0 Director of Public Works, advising that direction, the Traffic and Transportation n Marked Crosswalks and forwarded a er, seconded by ilman Friess and Council Policy on Marke sswalks and FINAL MAP Written Communications: Report dated June 16, 1987, from the Director of Public Works, advising that Final Tract Map 11753 had been reviewed by the Engineering Division and found to be in conformance with the Subdivision Map Act. All necessary conditions of approval had been met and all bonds and fees had been submitted and paid. The report recommended approval of the Final Map and Improvement Agreement. Approval of Map/Improvement Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve Final Tract Map 11753 (Hunt Club Phase II) with the determination that the map is in compliance with the City's General Plan and the approved Tentative Map; and, to approve the related Improvement Agreement. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City; the City Clerk was directed to forward the documents to the Orange County Recorder's Office. OF COMMUNITY 1. AWARD Written Communications: Report dated June 16, 1987, from i the current agreement with San Cie transportation services for secitizer to expire on June 30, 19 7. `The report requested that th ty contract direc Transportatio erv:ce Agency, and a a agreeme :11 be in effect for a one -ye Jun , 1988, and requires a payment of -12- of Community Services, advising that eniors, Inc., for provision of Dial -A -Van an ndicapped residents, was scheduled vised t the San Clemente Seniors had with the Crra County Consolidated of the Agreemen s forwarded. The period beginning July 1, and ending ,481. 6/16/87 0 0 AGENDA ITEM June 16, 1987 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Final Map, Tract 11753 (Hunt Club Phase II) SITUATION Final Map Tract 11753 has been reviewed and checked by the Engineering Division Staff and is ready for City Council consideration. The map has been found to be in conformance with the Subdivision Map Act. All the necessary conditions of approval required by the Planning Commission on Tentative Tract 11753, Hunt Club Phase II, have been met. All bonds and fees have been submitted and paid. In addition, the developer has entered into an Improvement Agreement. Guidelines for City Council review of the map are also attached. NOTIFICATION Property Owner/Developer: Project Coordinator: Project Engineer: Adjacent Homeowner Associations: Adjacent Property Owners: Sheraton Intercontinental Kevin Sheridan South Coast Engineering Stoneridge Estates Hunt Club Community Association Fairway Development Roy Byrnes Ronald Conrad COMMISSION/BOARD REVIEW, RECOMMENDATIONS Project has been reviewed and approved by the Environmental Review Board, Equestrian, Traffic and Transportation, and Planning Commissions. The Improvement Agreement has been executed by the Developer and the CC&R's have been reviewed and approved by the Department of Community Planning and Development. FINANCIAL CONSIDERATIONS All required fees have been paid and a letter of credit has been accepted by the City. ALTERNATE ACTIONS 1. Approve Final Map Tract 11753 and Improvement Agreement. 2. Do not approve Final Map Tract 11753 and Improvement Agreement. 3. Request further information from Staff. t37 CITY COUNCIL AGENDA AGENDA ITEM • • June 2, 1987 Page Two RECOMMENDATION By motion, approve Final Map Tract 11753 (Hunt Club Phase II) by determining that the map is in compliance with the City General Plan; and with the approved tentative map, authorize the Mayor and City Clerk to execute the Final Map and the Improvement Agreement and direct the City Clerk to record the documents. \Respectfully submitted, W. D. Mur byjO2� attachment WDM/RAF:kjs 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. Council shall make the following determination in approving a Parcel Map or Final Map: I. 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. 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 consistent 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 substantially 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. • air ar��*•air �s�► 4. 5. Ca 7. 8. 0 0 REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (920.60) The Report dated February 17, 1987, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of January 27, 1987, was ordered received and filed. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated February 17, 1987, from the Secretary of the Equestrian Commission, regarding actions taken at the meetings of February 2 and 9, 1987, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 17, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of February 10, 1987, was ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated February 17, 1987, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of January 14 and 28, 1987, was ordered received and filed. COMPLETION OF ASPHALT CONCRETE OVERLAY OF SAN JUAN CREEK ROAD 600.30 As set forth in the report dated February 17, 1987, from the Director of Public Works, the asphalt concrete overlay of San Juan Creek Road was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 87-2-17-1 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ASPHALT CONCRETE OVERLAY OF SAN JUAN CREEK ROAD (INDUSTRIAL ASPHALT) The Resolution accepted the work as complete in the amount of $81,639.89, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Project'Cost $81,639.89 Less 10% Retention 8,163.99 Less Previous Payment 73,475.90 Amount Due -0- -3- 2/17/87 Staff was authorized to release the 10% retention 35 days after recording the Notice of Completion. 9. APPROVAL OF PLANS AND SPECIFICATIONS - 10. As set forth the report dated February 17, 1987, from the Director of Public Works, the plans specifications for the paving of the City Hall parking area were approved, including t waiver of Municipal Code Section 9-3.602 to allow the use of white hairpin design pa ing spaces. Staff was authorized to solicit bids for the project. The Engineer's Estunate for the project was $30,000; $20,000 was budgeted in Account No. 12-6900-4701441. Upon award of the contract, a transfer of funds will be requested. As set forth in the report dated February 17;1-987, from the Director of Public Works, I inal Map 86-108 was approved with the finding that the Final Map was technically correct and in conformance with the prov 'ons of the Subdivision Map Act. The City Engineer and City Clerk were authorize execute the Final Map for recordation. The Improvement Agreement for Final Ma 86-108 was approved and the Mayor and City Clerk were authorized to execute the greement on behalf of the City for forwarding to the Orange County Recorder's Office.. , �11. TRANSFER AND ASSIGNMENT OF DEVELOPMENT AGREEMENT FROM CAPISTRANO GROUP TO SHERATON INTERCONTINENTAL DEVELOPMENT HUNT CLUB PHASE II 600.30 As set forth in the report dated February 17, 1987, from the Director of Community Planning and Development, the following Resolution was adopted: RESOLUTION NO. 87-2-17-2, APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT TO SHERATON INTERCONTINENTAL DEVELOPMENT, INC. TRACT 11753 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT FROM CAPISTRANO GROUP, INC., TO SHERATON INTERCONTINENTAL DEVELOPMENT, INC. (TENTATIVE TRACT 11753) Councilman Hausdorfer stated that the background of the companies receiving the assignment of rights should be checked to provide assurance of their capabilities. PUBLIC 1. REOUEST T0`Q0NSOLIDATE LOTS LOCATED AT 27351 AND 26 Proposal: Consolidation of Lots 50 and 51`Rf Tract 6381 into one lot. The project is located in the ES (Small Estate) District. -4- 2/17/87 AGENDA ITEM TO: FROM: SUBJECT: STTI iATION • Stephen B. Julian, City Manager Thomas G. Merrell, Director Community Plannning and Development February 17, 1987 Transfer of Development Agreement - Hunt Club Phase II On August 20, 1985, the City entered into a development agreement for phase II of the Hunt Club with the developer, The Capistrano Group. This development agreement requires the developer to grade, construct improvements, and landscape the tract within a certain time period after issuance of the grading permit. All plans were submitted as agreed, but the developer has not yet obtained his grading permit. The Capistrano Group recently sold the tract to Sheraton Intercontinental Development Inc.. The developers request that the City approve the transfer and assignment of the development agreement to the new owner. The City Attorney has advised that this can be done by the attached resolution. PUBLIC NOTIFICATION No public notification is required. COMMISSION/BOARD REVIEW RECOMMENDATION Not applicable. COMMUNITY REDEVELOPMENT AGENCY Not applicable. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Adopt the resolution. 2. Do not adopt the resolution. 3. Request further information. AOR CITY COUNCIL AGENDA �....4�•• �/I 0 0 Agenda Item -2- February 17, 1987 RECOMMENDATION $f- ci - /-r --� Adopt Resolution No. approving the assignment of the development agreement for Tract 11753 (Hunt Club Phase II) to Sheraton Intercontinental Development Inc., and authorize the Mayor to sign on behalf of the City. ------------------------------------------------------------------------------ Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:MG:ms Attachments AI217971 RESOLUTION NO. 87-2-17-2 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT FROM CAPISTRANO GROUP, INC., TO SHERATON INTERCONTINENTAL DEVELOPMENT, INC. (TENTATIVE TRACT 11753) WHEREAS, the City of San Juan Capistrano has entered into a development agreement with Capistrano Group, Inc., providing for developer obligations in posting of security therefor, dated August 20, 1985; and, WHEREAS, developer desires to assign said agreement to Sheraton Intercontinental Development, Inc; 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 development agreement from Capistrano Group, Inc., to Sheraton Intercontinental Development, Inc. PASSED, APPROVED, AND ADOPTED this 17th day of February .1987. ATTEST: CITY CLERY KENNETH E. FRIES! M YOR -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 0 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. 87-2-17-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the l7tli day of February , 1987, by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None (SEAL) MARY ANN OVER, CITY CLERK -2- RECORDING REQUESTED BY AND. WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DEVELOPMENT AGREEMENT THIS AGREEMENT is made by and between the City of San Juan Capistrano, a municipal corporation, hereinafter referred to as the "City" and The Capistrano Group, Inc., hereinafter referred to as "Developer". WITNESSETH: WHEREAS, City will issue grading Permit No. 0358G to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of a Residential Tract, No. 11753, at the location of 30480 Golden Ridge Lane, commonly referred to as The Hunt Club (Phase II); WHEREAS, San Juan Capistrano Municipal Code 85-5.10(a) requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with the issuance of grading permits; NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost an expense, provi a and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and precise grading plans and landscaping and irrigation plans which further define the improvements in Exhibit "A" are on file in the office of the City's Building Official, and are incorporated herein by reference. 2. Developer's Security. Developer shall provide to City a bond -Ty a duiy authorized corporate surety, subject to the approval of City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $1,137,850.00. The bond shall provide that the Surety shall pay attorney's fees incurred by the City in enforcing the development agreement and Surety Bond. Page 1 of 3 3. Timeframe for Completion of Improvements. Improvements described as Items 1, 2, and 3 in Exhibit "A" shall be completed as follows: Item 1: 180 calendar days grading permit. Item 2: 180 calendar days grading permit. Item 3: 270 calendar days grading permit. after issuance of after issuance of after issuance of 4. Developer Default. In the event Developer does not complete the required improvements within the time required, or abandons the project site, or does no work for a period exceeding 60 days during the term of this agreement, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Attorne 's Fees. Developer agrees to pay City such sum as the Court may ad7u ge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, 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 said City. 6. Develo er's Work in Safe Condition. Developer shall perform al wor in a safe, workman ie 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. 7. Liability. 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. In Witlftess Whereof, the parties have executed this agreement as of August 20, 1485 at San Juan Capistrano, California. Capistrano Group, Inc., Developer City of San Juan Capistrano By: Title:l/l/J�-� �GLrccab- Kevin theridan, Project Director A ve as to From: Page 2 of 3 John Shaw, City Attorney By Phill p A. Schwaride Title: Mayor Ast: t: /y Mary An H over, City Clerk By Cheryl Johnson, Denuty 0 EXHIBIT "A" 0 (FIRST CITY PROPERTIES, INC.) ITEM 1: Construction of all on-site Grading (cut and fill) operations in accordance with, and to comply with requirements of Developer's "Grading Plan" Tract 11753, Sheets 1 through 4 dated March, 1984, and received by City July 10, 1985, and supporting documents (Profiles, Geotechnical Review, etc.). ITEM 2: Construction of all on-site improvements in accordance with Developer's "Grading Plan"; Tract 11753, Sheets 1 through 4 (Referenced above in Item 1); including but not limited to: terrace drains, down drains, area drainage system, storm drainage system, "A" and "B" in accordance with improvement plan sheet 5 of 5, dated 3-5-84. Erosion Control devices in accordance with Developer's "Erosion Control Plan" to be submitted to City for approval prior to October 1, 1985. ITEM 3: Construction and placement of on-site planting (trees and shrubs) and an irrigation system at all of the area in accordance with Developer's plans, Sheets 1 through 19, and cover sheet, dated March 23, 1984. Also Developer shall provide maintenance of above referenced landscaping and irrigation system, in accordance with the conditions of approval in City Council Resolution 84-8-21-5, dated August 21, 1984. Page 3 of 3 9 a HARDY 6 HARPER INC. ASPHALT PAVING CONTRACTORS 870 SOUTH HATHAWAY (714) 672-0977 P.O. BOX 15423 SANTA ANA, CALIFORNIA 92705 January 16, 1990 City Clerk City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Attn: Marianne Hanover RE: Avenida La Mancha Hidden Mountain Estates Dear Ms. Hanover; aecE)VFO I,N 25 M 59 AM 1p Hardy & Harper, Inc. has not been paid for work done on the above mentioned project that was contracted by Sherton Intercontinental Development, Inc. I am requesting that the City of San Juan Capistrano does not release any bonds pertaining to this project until Hardy & Harper, Inc. has been paid in full. If you should need additional information, please feel free to contact me. Respectfully, ��►tisl� i • �G.s.- v. Fred T. Maas Sr. President PTM:jc cc: John Shaw, City Attorney Tony Poster >C e, " l x- ✓ 04/40 '44(;P" cl�i k4 -C- r L!F • � ill/ (!/GGLLC � ll�S3 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Tony Foster, Assisstant Engineer FROM: City Clerk DATE: February 6, 1989 SITUATION: At their meeting of June 16, 1987, the City Council approved a one-year Improvement Agreement for Final Tract Map 11753 (Sheraton Intercontinental Development). The extension period was due to expire on June 16, 1988. The Agreement was extended to January 16, 1989. On December 19, 1988, Agreement was extended to March 16, 1989. ACTION REQUESTED: Please advise of the status of Final Tract Map 11753. ACTION TO BE TAKEN: Pr o�� ry �� -� `V DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: !3,7,el l . SIGNATURE OF OFFIC-IIAL TAKING ACTION: DATE SIGNED: [ ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 4/18/88 12/16/88 2/16/89 Deadline Date: 6/16/88 1/16/89 3/16/89 cc: City Attorney Assistant City Manager (600.30) CERTIFICATE OF INSURANCE This certificate is issued as a matter of in Iormat� my and confers no rights upon the certificate holder. certificate does not amend, extend or alter the cover- age afforded by the policies listed below. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which the certificate is issued, the insurance afforded by the policies listed on the certificate is subject to all the terms of such policies. NAME AND ADDRESS OF AGENCY Griffith/Sincock Insurance Broker's COMPANIES AFFORDING CIIOV,,E77RAWIVF®ppu1r op A 1811 1800 E. Sixteenth St. Santa Ana, CA 92701 LETTER CNA-CONTINB�'AG C72UZ,TYI (714) 953.9521 COMPANY p LETTER U NAME AND ADDRESS OF INAURED` COMPANY LETTER C SHERATON INTERCONTINENTAL DEVELOPMENT COMPANY D c/o CORBUT & STEEL_MAN LETTER ATTN : TONY LOWE COMPANY C 18200 Von Kerman, Suite 1200 Irvine CA 92775 LETTER G This Is to certify that policies.of Insurance listed below have been Issued to the insured named above and are In force at this time Limitsof Liability inousan s ) 'COMPANY LETTER TYPE OF INSURANCE POLICY NUMBED POLICYEACH NATION DATE OCCURRENCErAGOREGNTE GENERAL LIABILITYBODILY INJUaY t A .� COMPREHENSIVE FORM 500287438 11/6/88 F-1PREMISES—OPERATIONS S AND COLLAPSE PROPERTY DAMAGE ❑EXPLOSION HAZARD ❑ UNDERGROUND HAZARD ❑PROWCTSICOMPLETED OPERATIONS HAZARD ODDLY INJURY AND ❑ INSURANCE PROPERTY OE S 1,000 1 1,000 ❑ BROAD FORM PROPERTY COMBINED ❑DAMAGE ❑ INDEPENDENT CONTRACTORS' -- PERSONAL INJURY PERSONALINJURY L 1, OOO AUTOMOBILE LIABILITY BODiLYINJURY s ❑ EACH PERSON) COMPREHENBWE FORM BODILY INJURY S ❑ OWNED (EACH OCCURRENCE) ❑ HIRED PROPERTY DAMAGE f ❑ NON -OWNED BODILYINJURIYANOf OE PRO DAMAGE WMNN COMNNED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE $ f FORM COMBINED WORKERS' COMPENSATION arATuroar and EMPLOYEES' LIABILIT'/ B Each Accident OTHER �- DEscR1ITtON OF ovENAnoaarLOCATN)NaIVWRDLFa RE: Tracts #11826 & 11753; IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN JUAN CAPISTRANO IS NAMED AS ADDITIONAL INSURED WITH RESPECTS WORK PERFORMED FOR THEM BY SHERATON INTERCONTINENTAL DEVELOPMENT UNDER POLICY #500287438. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the Issuing com pany will endeavor to mail 10 days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDREae OF CERTIFICATE HOLDER 1/25/88 jt __ THE CITY OF SAN JUAN CAPISTRANO MTEI E 32400 Paseo Avelanto Nl� San Juan Capistrano, CA 92675 Attn: Dawn SchanderlV, AMiiORUEWMPWE ENT RY N. KNIG 1 I 1 0 6 MEMORANDUM May 29, 1987 TO: Mary Ann Hanover, City Clerk FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Letter of Credit - Tract 11753 (Hunt Club Phase II) The attached letter of credit has been submitted to the City as surety for improvements to Tr 11753. It has been reviewed and approved by the City Attorney. Please review, especially the final paragraph, and keep me informed as to any action on this surety. Please retain this document in your files. RA :kjs attachment of TRINITY �V SAVINGS LETTER OF CREDIT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Stephen B. Julian, City Manager 0 P O. Box 1026 1408 E. Houston . Cleveland. Texas 77327 (713) 592-8795 RE: Irrevocable Letter of Credit No. LC -87-19 Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as 'City", and Sheraton Intercontinental Develo menta Inc., hereinafter referred to as Principal cover ng certa n improvements to be installed in that certain subdivision known and designated as Tract 11753 Hunt Club Phase II by Principal and in accordance w th sa agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. LC -87-19 in the amount of Seven Hundred sixty ixt Four Thousand Seven Hundred U. S. Dollars (57�64t70�0.0�. , to be pa d by drafts at s ght on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that amount of tk►is draft is, there- fore, now due and payable. IT IS AGREED that the above funds are on deposit and guaranteed for payment and said funds shall become trust funds for the purposes set forth herein as required by Section 66499.6 of the Government Code of the State of California. It is a condition of this letter of credit that from time to time the amount thereof may be reduced afi the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. City of San Juan Capistrano Letter of Credit Page 2 All drafts under this letter of credit shall be marked: TRINTY VALLEY SAVINGS & LOAN ASSOCIATION C/O Trinity Valley Mortgage Corporation 10691 Los Alamitos Boulevard Los Alamitos, CA 90720 Irrevocable Letter of Credit No. LC -87-19 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Further, that all drafts shall be delivered to City in accordance with Cal. Comm. Code 5]]2. This letter of credit shall be deemed automatically extended without amendment one year from the present and annually thereafter unless sixty (60) days prior to any such date bank shall notify City Clerk, by registered or certified letter, that bank elects not to renew for such additional one year. In any event, this guaranteed letter of credit shall expire forty-five (45) days after City's approval of the foregoing improvements and the recordation of the Notice of Acceptance. DATED: Z 7 i1 Chairman of the Board APPROVED AS TO :mag ASSOCIATION ADDENDUM RE: Irrevocable Letter of Credit No. LC -87-19 Breakdown of bond amounts as required by the City of San Juan Capistrano Engineering Division 1. Faithful Performance (public) $264,000 2. Labor & Material (public) 264,000 3. Faithful Performance (private) 231,000 4. Monumentation 5 700 $764,700 March 15, 1989 Tony Lowe Sheraton Intercontinental 18200 Von Karman, #200 Irvine, California 92714 Re: Acceptance of Public Improvements Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held March 7, 1989, adopted Resolution No. 89-3-7-1, accepting the work completed for the construction of public improvements and private streets in Tract 11753, Hunt Club Phase II. A copy of Resolution No. 89-3-7-1 is enclosed for your information. The Letters of Credit for Faithful Performance, Labor and Material, and Monumentation will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on March 10, 1989; therefore, the Letters of Credit may be released on April 14, 1989. Thank you for your cooperation. ry Ve!/6' � truly yours, Mary An Hanover, CMC City Clerk MAH/cj Enclosure cc: Mitchell Owen Fairway Land Company Hunt Club Community Association Stoneridge Estates HOA Roy Byrnes Dan Olsson �-- MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND Marbella Development Louis Sylvester Los Corrales Homeowners Review Cmte LAWRENCE F. SUCHHEIM � jl rper,e KENNETH E.FRIESS p,mu lam 1961 GARY L. HAU SD ORF ER 1776 PHILLIP R. SCHWARTZE • AN CITU MAN 4GER B JULIAN March 15, 1989 Tony Lowe Sheraton Intercontinental 18200 Von Karman, #200 Irvine, California 92714 Re: Acceptance of Public Improvements Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held March 7, 1989, adopted Resolution No. 89-3-7-1, accepting the work completed for the construction of public improvements and private streets in Tract 11753, Hunt Club Phase II. A copy of Resolution No. 89-3-7-1 is enclosed for your information. The Letters of Credit for Faithful Performance, Labor and Material, and Monumentation will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on March 10, 1989; therefore, the Letters of Credit may be released on April 14, 1989. Thank you for your cooperation. ry Ve!/6' � truly yours, Mary An Hanover, CMC City Clerk MAH/cj Enclosure cc: Mitchell Owen Fairway Land Company Hunt Club Community Association Stoneridge Estates HOA Roy Byrnes Dan Olsson Richard Holt Coral Properties Marbella Development Louis Sylvester Los Corrales Homeowners Review Cmte Hidden Mountain HOA Director of Public Works Development Services Administrator 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 • 0 MEMORANDUM TO: Mary Ann Hanover, City Clerk May 29, 1987 FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Letter of Credit - Tract 11753 (Hunt Club Phase II) The attached letter of credit has been submitted to the City as surety for improvements to Tr 11753. It has been reviewed and approved by the City Attorney. Please review, especially the final paragraph, and keep me informed as to any action on this surety. Please retain this document in your files. RAF:kjs attachment d 60..315 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Tony Foster, Assisstant Engineer FROM: City Clerk DATE: December 16, 1988 SITUATION: At their meeting of June 16, 1987, the City Council approved a one-year Improvement Agreement for Final Tract Map 11753 (Sheraton Intercontinental Development). The extension period was due to expire on June 16, 1988. The Agreement was extended to January 16, 1989. ACTION REQUESTED: Please advise of the status of Final Tract Map 11753. ACTION TO BE TAKEN: fxAl �U —0 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: j —/� e5 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Az _/2 f —42 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 4/18/88 12/16/88 Deadline Date: 6/16/88 1/16/89 cc: City Attorney Assistant City Manager (600.30) 18� TO: ps �xPi red t I ecus cPIu. me-nmem nq s Jus - ha r11� balk�n CITY CLERK'S DEPARTMENT - ACTION REMINDER Bill Murphy, Director of Public Works FROM: City Clerk SITUATION: DATE: April 18, 1988 'me -C lr_cdins L� OL- At their meeting of June 16, 1987, the City Council approved a one-year Improvement Agreement for Final Tract Map 11753 (Sheraton Intercontinental Development). The extension period is due to expire on June 16, 1988. ACTION REQUESTED: Under item 2.6 of the Agreement, it states if an extension is needed it may be granted by the City Engineer on the showing of good cause. Please advise of the status of Final Tract Map 11753. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: /4- /(- ?g SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 7,• o , fA ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 4/18/88 Deadline Date: 6/16/88 cc: City Attorney Assistant City Manager (600.30) CITY CLERK'S DEPARTMENT - A -Y' TO: -Torn-7 erre71;13irec o --i r 61 Commumty Pian: FROM: City Clerk DATE: AP '' 'r-609,�— SITUATION: At their meeting of June 16, 1987, the City Council approved a one-year Improvement Agreement for Final Tract Map 11753. The extension period is due to expire on June 16, 1988. ACTION REQUESTED: Under item 2.6 of the Agreement, it states if an extension is needed it may be granted by the City Engineer on the showing of good cause. Please advise of the status of Final Tract Map 11753. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 5/1/88 Deadline Date: 6/16/88 cc: City Attorney Assistant City Manager (600.30) 0 May 11, 1988 Mr. Mike Navar Trinity Valley Savings & Loan Association c/o Trinity Valley Mortgage Corporation 10691 Los Alamitos Blvd. Los Alamitos, CA 90720 Re: Irrevocable Letter of Credit No. 16 -LC -17 Tract 11753 - Hunt Club Estates Dear Mr. Navar: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN On May 6, 1987, your institution issued Letter of Credit No. 16 -LC -17 as security for grading and improvements to Tract 11753, Hunt Club Estates in San Juan Capistrano. This letter serves for the release of a large portion of the Letter of Credit. The grading and onsite improvements have been completed to the satisfaction of the City. Most of the landscaping has been completed, but we require $40,000 to remain on the Letter of Credit to ensure its completion. By this letter, the City releases $1,097,850 of Letter of Credit No. 16-1-C-17. When the landscaping is complete we will release the remaining $40,000. If you have any questions, please call Mr. Pete Loncarevich, Field Services Supervisor, or myself. Very truly yours, Mark Gibson Development Services Administrator MG:ms cc: Dawn Schanderl Ix Pete Loncarevich 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498-1171 owe 1776 !moi AfOfol Al'If ire, 1961 17766 June 23, 1987 Kevin Sheridan Sheraton Intercontinental 29794 Suffolk Lane San Juan Capistrano, California 92675 r MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: A royal of Improvement Agreement and Final Ma Tract 11753 (Hunt Club Phase II Dear Mr. Sheridan: The City Council of the City of San Juan Capistrano at its regular meeting held June 16, 1987, approved the Final Map and the Improvement Agreement for Tract 11753 (Hunt Club Phase II). A fully -executed copy of the Improvement Agreement is enclosed for your records. The City's copy of the Agreement has been forwarded to the County for recording. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann H over, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works South Coast Engineering Stoneridge Estates Homeowners Association Hunt Club Community Association Fairway Development Roy L. Byrnes Ronald Conrad 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 111 (714) 493.1171 E P List -45 6-2 Item 3 Final Map, Tract 11753 (Hunt Club Phase II) Kevin Sheridan Sheraton Intercontinental 29794 Suffolk Lane San Juan Capistrano, CA 92675 South Coast Engineering 420 N. EI Camino Real San Clemente, CA 92672 Hunt Club Community Association C/o PCM 23726 Birtcher Drive El Toro, CA 92630 Stoneridge Estates Homeowners Association 22202 Bosque Mission Viejo, CA 92691 Fairway Development 33971 Selva Road, Suite 130 Laguna Niguel, CA 92677 Roy L. Byrnes Box 1029 San Juan Capistrano, CA 92693 Ronald Conrad © fV( 4"( 71M& 14 Corporate Plaza Drive, Suite 250 16ye, )ffi Newport Beach, CA 92660 tj6r, 71) 0 February 19, 1987 Mr. Kevin Sheridan Capistrano Group, Inc. 27942 Suffolk Lane San Juan Capistrano, California 92675 Re: Transfer of Development Agreement - Hunt Club Phase II Dear Mr. Sheridan: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At their meeting of February 17, 1987, the City Council took action to adopt Resolution No. 87-2-17-2, which approved the assignment of the Development Agreement relating to Tract 11753 from Capistrano Group, Inc., to Sheraton Intercontinental Development, Inc. A copy of that Resolution is enclosed for your files. If you need any further information, please do not hesitate to call. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Community Planning and Development 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171