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1990-0320_SYCAMORE ESTATES_Improvement AgreementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 9a -i lkm RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 32400 Paseo Adelanto San Juan Capistrano, CA 92675 MARY AN NOVER, City Clerk San Juan Capistrano, California EXEMPT 111 PROJECT: Tract 13721 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 Sycamore Estates of San Juan Capistrano, Ltd., A California Limited Partnership, hereinafter called the "DEVELOPER," whose mailing address is: Sycamore Estates of San Juan Capistrano, Ltd. c/o Hillside Terrace Development Corporation 31551 Camino Capistrano, Suite B San Juan Capistrano, California 92675 WITNESSETH: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 3-00 P.M. MAR 26 '1990 WHEREAS, the CITY has conditionally approved Tentative Tract 13721; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements for three years; 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 Tract 13721 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: I. 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the design and installation of improvements for Tract 13721 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" shall include the following: • PRACT: Tract 13721 All off-site grading work; paving of Ortega Highway, Avenida Siega and Lot "A"; construction of concrete curbs, gutters, cross 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 approval of the project. 11. Fees - Drainage, engineering plan check, inspection, sewer, parks and recreation, and agricultural preserve shall be paid prior to approval of Tract 13721. III. Financial Obligations - A deposit shall be made for the developer's share of cost 1200 for the design and installation of a traffic signal at Ortega Highway and Avenida Siega. Said deposit shall be made prior to approval of Tract 13721. IV. Sureties A. Developer shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: 1. A faithful performance surety in an amount equal to the total estimated cost of off-site work for improvements not to be dedicated to the City but inspected by Public Works personnel. 2. A faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the City. 3. 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 subcontractors and persons providing equipment, labor and/or materials for and/or account of such improvements. 4. A monumentation bond equal to the estimated cost for the installation of street ties. B. 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. C. Said sureties shall remain in force until released by the City. V. Alterations A. 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 as may be determined necessary and desirable by him • PROCT: Tract 13721 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. Vi. Completion Date A. DEVELOPER agrees to complete all of said work and improvements and to pay all costs specified herein within a period of one year 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 until the work and improvement has been accepted by the CITY. B. 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 costs 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. Subdivider hereby consents to entry on the subdivision property by the City and its forces including contractors in the event the City proceeds to complete and/or maintain the work. VII. Liability/Insurance A. 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. B. 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. C. 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. D. 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. E. 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. • PROOCT: Tract 13721 VIII. Guarantee and Warranty of Work - Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the City's acceptance of the work as completed in accordance with the Municipal Code. Developer agrees to correct, repair or replace at this expense any defects in said work. IX. No Waiver by Cit - Inspection of the work and/or materials, or approval of work and/or materials, or statement by any officer, agent or employee of the City indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the Developer of his obligation to fulfill this Agreement as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. X. No Assignments - Developer may not assign this agreement to any third party without the consent of the City to such assignment. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for Tract 13721 until March 20, 1991 IN WITNESS WHEREOF, the parties have executed this agreement as of March 20. 1990 DATE ATTEST: AWAwrz ��I�LI �% " APPROVED AS TO FORM: JOHN R SHAW, CITY ATTORNEY DEVELOPER Sycamore Estates of San Juan CORPORATE ACKNOWLEDGMENT Stateof California 11W1 SS. County of Orange 11 OFFICIA1, FF^1, W MARY ANN HANOVER W', a NOTARY PUBLIC - CALIFORNIA Fm.`µ ORANGE COUNTY My comm. expires lull 26, 1992 NO, 202 On this the 20thday of lurch 19_9O_ before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Gary L. Hausdorfer XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(8) who executed the within instrument as Mayor municipal y or on behalf of th4corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. 7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. a P.O Box 4625 • Woodland Hills, OA 913654625 CORPORATE ACKNOWLEDGMENT NO 202 State of California SS. Countyof Orange OFFICIAL SEAL CHERYL A. JOHA150N m '* NOTARY PUBLIC - CALIFORNIA OFMGE CO:NdTY tdy Cornet. expires OEC:] C 13, 1993 90 On this the _day21st March of 19, before me, A. Johnson the undersigned Notary Public, personally appeared Mary Ann Hanover 13 personally known tome ❑ proved to me on the basis of satisfactory evidence to be the persone.) who executed the within instrumerlIfticipal City Clerk or on behalf of the/corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. nm 1zz NATIONAL NOTARY ASSOCIATION a 23012 Venture Blvd. • P.O. Box 4625 a Woodland Hills, CA 91365-4625 (Partnership) STATE OF CALIFORNIA SS. COUNTY OF Orange On March 14, 1990 before me, Sh i rl py Lewis a Notary Public in and for mid State, personally appeared rRRALD F. (or proved to me oo the basis of satidactory evidenoel to be OTIT' of the partners of the pppaaaruse, that executed the within instrument, an ad cknoW me such partnership executed the same. WITNESS my 4and,4 oir.ial aeal. (known to me) nom.• *d!a'VrWwdd w1 0 RELEASE AND EXONERATION 0 Amwest Surety Insurance Company ("Surety"), a California Corporation with principal offices in Woodland Hills, California, issued and executed Subdivision Bond No. 1207733 to City of San Juan Capistrano as obligee ("Obligee") and to Sycamore Estates of San Juan Capistrano as principal ("Principal") in connection with Principal's agreement to do all offsite grading works; paving of Ortega Highway, Avenida Siega and Lot "A"; Construction of concrete curbs, gutters, cross gutters & sidewalks; install storm drainage & sanitary sewage facilities; install of underground conduit street lighting system; install street signs; plant parkway trees, etc. for Tract No. 13721. IN CONSIDERATION OF Surety's payment to Obligee in the amount of Seventy Thousand and Three Hundred and 00/100 dollars ($70,300.00), receipt of which is acknowledged, Obligee releases and forever discharges Surety, its successors and assigns from all claims, causes of action, or liabilities under Bond No. 1207733. Obligee further declares that Bond No. 1207733 is fully released and exonerated. THIS IS A GENERAL RELEASE OF ALL CLAIMS known or unknown. City of San Juan Capistrano waives the provisions of §1542 of the California Civil Code. Section 1542 provides: "A general release does not extend to claims which the credit or does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor." DATED September 13, 1994 City of Sa JuyCa'strano By igna e)01, Collene Campbell, Mayor (Name and Title) Executed in Duplicate Bond No. 1207733 Premium: $773.00 per PERFORMANCE BoNI) annum kNotb ALL MEN BY tHESE PRESENTSI That LSyrc�amorepaEsstSates of San Juan Capistrano, Ltd.,a Califor;;ia it Principal, hltelhAftr Ca11la c ACTOR, and Amwest Sure v� Tns ura.i.mx .Cnr.jpany as Surety, hereinafter called SURELY, ate held and firmly bouhd unto the City of San' Juan Capistrano, as Obllgee, hereinafter ealled CltY, In the amount of aQyentv.�usand three hundred and 00/!00 ($70.300.00bollatt, tot payment Whereof Contrattot and Surety bind themselves, theft helrs, executors, administrators, suttessors, and assigns, jointly and severally, fairly by these ptesents. WHEREAS, Contractor has by Witted egreemeht dated ,3/�O)qD........ , entered Into a (describe agreemeht)i ,rill offsite. gia�%ng worh-s;paving of Ortega Highway, Avenida Siega,and Lot"A"; Constr. of concrete curb:;, gutters, cross gutters & sidewalks;, install storm sfah'HggighUR4" y,temWains, a�I+ stfee, sun`s; p4an Hoar waovn r n u L t A g ees etc. Which contract Is by teterdhce made a part W4611 for Tract No. 13721 NO*# tHf RE OKII, the daltdltlon of this obligation Is sut:h that, If Prinelpal shall promptly and faithlully perform said agreereehl, then this bbllgatlet shall b! null and voldl othemise It shall remain In full forte and effedh Sufety waives whatever legal tight It may have to requlte that a demand be made first agalest the print:lpal.lit the event of default, 131; It FURtNE.R RI!SOLVtbj thatt 1, As a Pitt of the bbllgattan secured hereby, and in additlan to &, lace amount specified, there shall be lntluded torts and reasonable expenses and fees, Including reasonable attatneyls fees, lReUtted by f lty In sueeattfuliy enfareing such obligation, all to be taxed as torts and Included In any judgment tendered, -4n- C 2. Sold Surety, tot value recelved, hereby stipulates And agreel that no change, extension 61 tire, altetatlbn, or hiodifleatlbn of the tbntt&t dotutnents or 61 the work to be performed thereunder, shall In any way affect lit bbllgatlons or thll bond, end It does hereby valve notice of any such thange, exlensibh bt time, elteratbns, or modifications of the contract documents or of work to be I*tl6rmed thereuhdeh. Executed this 16th day of — March , f9.90.__, at Pasadena , California. 0 0 PRINCIPAL Sycamo �CEst�ates of San Juan Cistrano, >a- t „ a alifap ornia Limited Partnership ApPIioVEb AS fib rvffM, �(NotAPIIA'iAI id -A• i l " Heather Zimmerman Attorney -7 r.-FAct (Partnesshipl SPATE OF CALIFORNIA ))) j SS. COUNTY OF Oranbp_e, r On March 16. 1990 beforeme, Shirley Lewis a Notary Public in and to said State, persooallysppesred CPra1d F - (known grncssi*********************ak*t*,ti•,t,t,t+tt,k,k.e (known to me) (o proved to me on the basis of satisfactory evidence) to be One of the partners of the parmership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS mylhsWand official seal. /J Signature tray.... fe.,�d.i ••u�.t..o STATE OF CALIFORNIA, COUNTY OF Los Angi les ss On March 16th, 1990 before me a Notary Public, within and for the said County and State, personally appeared Heather Zimmerman , known tome (or proved tome on the basis ofsatifactory evidence) to be the person whose me issubscr d withininstrumentt as the Attorney in Fact of and for the AMWEST SURETY INSURANCE PA dged to the subscribed the name of the AMWEST SURETY INSURANCE COMP ereto and his o ne as Attome in Fact OFF ICTAL SEAL , IiPdADUi2r.ND �T CA: 00gNY1 V v,9 Nil lvi;:?.a U. rift NJ �" '�-,. • Lp.i A;IGEL- ti COUN" UN-A9W8 My Commission Lxpires March 2, 1993 Executed in Duplica-,* LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That o . 1tremiul 207733 Included on perfo mance bond WHEREAS, the City of San Juan mopistrano. es nIcl County, California, has awarded to , �a a ,,n j ; fr,r,,; a T-4 No. , hereinafter designate as tincipa , a contract Q ite improvements WHEREAS, said Principal is required to furnish a bond In said contract providing that if said Principal, or any of his or Its st fail to pay for any materials, provisions, provender or other suppill upon, for or about the performance of the work contracted to be done labor done thereon of any kind, the surety or this bond will pay the sa Sycamore Estates of San Jua NOW, THEREFORE, we ,.., ; "r,,; a r : zited D�_r Principal, and Amwest Suret Insurance C m an held firmly boun unto the City of San Juan Capistrano, a munlcipa $ nalsum ofSevemy thousand three hundred and 00/100 7 0r 3 0 0 .0 �►aw u! mons o well an truly to be made we successors, Jointly and severally nnection with the -contractors, shall or teams used In, or for any work or Capistrano, Ltd., _� as surety, are corporation, in the DOLLARS ,« unucu 3Lazes of mmerlca, for pa mento which sum bind ourselves, our heirs, executors,�administrators and , firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, If said Principal, his or Its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other Supplies or equipment used in, upon, for or about the performance of the work contracted tc be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the Frovisions of Title 1, Division 30 Chapter 3 of the Government Code of California as amended, that the surety will pay for the same In an amount not exceeding the sum specified In this bond and also in case suit Is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companieq and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contrpct documents or of the work to be performed thereunder shall In any way affect Its obl{gation on thip bond and It does hereby waive notice of any such change, extension of time, alteratlon,or modification of the contract documents or of work to be performed tt ereunder. As a part of the obligation secured hereby, and in 'ddition o the face amount specified therefor, there shall be included costs and reasonable xpenses and fees, including reasonable attorney's fees, incurred by City in successf lly enforUng such obligation, all to be taxed as costs and Included In any Judgment rend red. 0 IN WITNESS WHEREOF three (3) Identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 16th day of March 19 90 . The name and corporate seal of each corporate partyein ereto affixed and these presents duly signed by Its undersigned representatives pursuan to authority of Its governing body. APPROVED AS TO FORM I 0 Sycamore Estates of San Juan Capistrano, Ltd., a California Limited Partnership By ea e rae n Attorney -In -Fact STATE OF CALIFORNIA COUNTY OF D6-4AJ4i L'. - On this � day of / • , in the year 19-7�, before me, the undersigned, a Notary Public in and for said State, personally appeared �nBei9�a F Z 55 / a . OFFICIAL SEAL �s. CHERYL A. JOH'N�N `� a , �. p�wnio7ne fJOTARY PUBLIC -CALIFORNIA (or proved to me on the basis of satisfactory evidence) to be the person who executed the OftAt'IGE COUNIY Mr eanm. expires DEC 13, 1;F3 within instrument on behalf of the Lc.gi ��. Partnership named therein, and acknow- ledged to me that the _/#/d1, Partnership executed it. WITNESS my hand and official se/al. Notary Public n and for said State. ACKNOWLEDGMENT—General or Um s-2Mgrs�ip—Welcolls Form 236CA—qev. 6 62 ©1%2 WOLCOTTS. INC IW1u Uus B�21 STATE OF CALIFORNIA, COUNTY OF Los Angeles 86 On March 16th, 1990 before me a Notary Public, within and for the said County and State, personally appeared Heather Zimmerman known to me (or proved to me on the basis ofsatifactory evidence) to be the perso ose na ribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSU CO ANY, a w edged to me that subscribed the name of the AMWEST SURETY INSURANCE CO P Y the urety, ryltd his wn name as Attorney in Fact. , OFFICIAL SEAL TINA DURAND rULH IC - CAI IWRN1A Uv 816E IN F,on UN -A9008 UJS AAGELCS C M"Ily Expires March 4 JIM POWEP NUMBER E10283 1207733 his over o ttorney as sent delivered in connection with the above bond number. AMWEST SURETY INSURANCE COMRZNY P.O. BOX 4500, WOODLAND HILLS, CA -4500 (818) 704-1111 LIMITED POWER OF ATTORNEY (READ CAREFULLY) To be used only in conjunction with the bond specified herein. JANUARY 1, 1991 No Power of Attorney on this form shall be valid as to bonds, under- takings, recognizances or other written obligations in the nature thereof executed on or after said expiration date. Sycamore Estates of San Juan Capistrano, NAME OF PRINCIPAL: Ltd a California Limited Partnership PENAL SUMS 70 300 . 00 _ NAME OF OBLIGEE: City of San Juan Capistrano This Power of Attorney may not be used in conjunction with any other power of attorney. This Power of Attorney is void if shared or erased. This document is printed on blue paper with black and red ink. This power of attorney bears a raised seal of AMWEST SURETY INSURANCE COMPANY. Only originals of this Power of Attorney are valid. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of AMWEST SURETY INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY at the address and telephone number set forth at the top of this Power of Attorney, Attention: Underwriting Department, This Power of Attorney shall be governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form UN -A1007 (REV. 2189). All other previous power of attorney forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked and are of no further force or effect. KNOW ALL MEN BY THESE PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (tire "Canpany"), does hereby make, constitute and appoint HEATHER ZIMMERMAN AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attomey(s)4n-Fad, with limited power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Bid Bonds up to $250,000; Contract, Court & Subdivision Bonds up to $250,000; License & Permit Bonds up to $50,000; Miscellaneous Bonds up to $25,000. and to bind AMWEST SURETY INSURANCE COMPANY thereby. This appointment is made under and by authority of the following provisions of the By -Laws of the Company, which are now in full force and effect: Article III, Section 7 of the By -Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in" instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may ,amm,a n— n,M, "a — .—. —A —. . aux. — M .- -..� v 0 0 R E L E A S E A N D E X O N E R A T I O N Amwest Surety Insurance Company ("Surety"), a California Corporation with principal offices in Woodland Hills, California, issued and executed subdivision Bond No. 1207734 to City of San Juan Capistrano as obligee ("Obligee") and to Sycamore Estates of San Juan Capistrano as ("princi pal") in connection with Principal's agreement to all special assessments for Subdivison Monuments for tract no. 13721. IN CONSIDERATION OF Surety's payment to Obligee in the amount of Five Thousand and Zero Cents ($5,000.00), receipt of which is acknowledged, Obligee releases and forever discharges Surety, its successors and assigns from all claims, causes of action, or liabilities under Bond No. 1207734. Obligee further declares that Bond No. 1207734 is fully released and exonerated. THIS IS A GENERAL unknown. County of Orange the California Civil Code. general release does not ex does not know or suspect to executing the release, whi materially affected his set RELEASE OF ALL CLAIMS known or waives the provisions of 1542 of Section 1542 provides: "A tend to claims which the creditor exist in his favor at the time of ch if known by him must have sett with the deptor." CITY OF SAN JUAN CAPISTRANO By ignatu Collene Campbell. Mayor (Name and Title) CON' FACT BOND -CALIFORNIA FAITHFU,, .PERFORMANCE -PUBLIC WORK Executed in Duplicate Bon No. 1207734 Initial prem um charged for this bond is $ in _nn %UbAegAXAs7c per annum Sycamore Estates of'ban Juan Capistrano, KNOW ALL MEN BY THESE PRESENTS, That r', �a ,o 4fnyn; r.;m;ta partnership of , as Pr3nc pa and t Is Amwest Sure�t _ Tn�11, a corporation. organ Lzed aaned xisting under the laws of California and authorized to ransact.surety business in the State o Cali ornia, as Surety, are iold and firmly bound unto City of San Juan Capistrano, in the sum 0' Five thousand and 00/100 -------- dollars ($5,000.00 ), for the p yment w ereo , well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, tJiat WHEREAS, the above -bounden Principal has entered into a Contract dated /y(g���J 20 19g0, with the City of San Juan Capistrano to o and perform the ollowing work, to wit: I' Subdivision Monuments for Tract NL 13721 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then th s obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 16th day of March, 199 Sycamore Estat APPROVED AS TO FORM, by . Jo R. S aw LAL Ci Attorney / J He! NOTE:. Acknowledgments of execution/of Pr be attach d. 11f ry TTTRT'II h of San Juan Capistrano Limited Partnership Principal Val and sure must. STATE OF CALIFORNIA, COUNTY OF SS. On March 16th, 1990 before me a Notary Public, within and for the said County and State, personally appeared Heather Zimmerman to me (or pro as the Attotn subscribedth in Fact. UN -A9008 (Partnership) STATE OF CALIFORNIA COUNTYOF SS' la proved to me on the basis of satisfactory evidence) to be �n a the that executed the within inetrwnent, and stir of partnership such Partnership executed the same,. rwwI-dtpd to me that WITNESS my he au official seal. Signature (known tome) ITsou«fa ff..re,e ddss.v It As limmmmsiw_� pAM1Y thereby. This sppokllmsta Is nada under dons of the By4Aws Artktle til, Ion 7 d the d s umm DNRNN NCE COMPANY This Power of Attorney Is signed and sealed by lactlmde under and by the authority of the following roeofotions adopted by the board of directors of AMWEST SURETY MURANCE COMPANY at a meeting duty held on December Ilk W& RESOLVED that the president or any vicsouldent, in cogkmadon with the seastary or any assistant secretary, may appoint atbmeys-in•fact or agents with authority to defined or Nmlfed In tet instrument 61 ' Ing.the appointment in each cam ler and on be hat of the Company to ea, ute and deliver and affix the sal of the Company, to Bantle, undwakW4M recopnlanoa, and surety" obdgalbns of all kinds: and said officers may remove any such anomay-in-tact or agent and n alr any power of Ilbrney previously granted to such person. RESOLVED FURTHER tett any bond, udsrW", rewgMrance, or surety" obligYbn shelf be veAd and binding upon the Company (t) when signed by the ptsaldert or any vlooptaddert and atsetad and sealed (t a seal be required) by any secretary or assistant see etary: or (N) WIren signed by ftp a tong Na•preNdem a /eaetary a seeistam sedatary, ane caaseraiproe and sealed (K a aid W required) try a duly authorize *WnW8 IW or pent; or (111) when duty executed and esWO M a oN be require) by one or more YbmyrimNd or agents pursuant to and wMMn the NmNs of the authority evidenced by the power of of orny Issued by the Company to such person or peraata. RESOLVED FURTHER that the signature of any authorized ~and the aal of the Compaq maybe aMbta ' by lawimile to any poser of attorney or osniNcatlon thwaof auff oAzip the emKvbm and delivery of any bard, urxWMkklg, r000gnian e, or other suretyship obllgabone of ' the Company: and such sig ahme and gat when a use shad have the tome Bros and aided as though merwNy afdadi I IN WITNESS WHEREOF, AMWEST SURETY NNNIANCE COMPANY has cawed thea prtoer - to be Signe by as proper Officers, and Ile COMM" sal to be hereunto affixed this 7 day of December 1s 89 . R. Reason, P sealwy STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as On this 7 day of December A.a, 1e80 , personally tame bean me-RRelOf1 and Karen G. Cohen so me known to be the individuals and officers of AW#MBT aURM EM@LgUU CE COMPANY, CALIFORNIA who executed do above instrument, and they each acknowledged the execution of the same, and Deft by me duly aswm, did severalty, depose and sy: that they we the said officers of the corporation abreoWd. and that the sal affixed b the above instrument is the ash of the corporation, and ghat said r m pm -- gal and their afghetures to such officers were duly ended and subscribe to the said instrument by the authority of the board of directors of said corporation. Q. Now "assemblies (SEAL) 1 rr.i —Ti new Fusee STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — a CERTIFICATE 1, the undersigned. secretary of the AMWEBT SURETY 04URAMM COMPANY, a California corporaton, DO HEREBY CERTIFY that the foregoing and attache Power of Attorney remains in full force and has not been revoke, and furthermore, that the provisions of the By -Laws of the Company and the Resolutions of the board of directors set forth in the Pbwar of Attorney, are now in force. Signed and sale at Pasadena, California this 116th days March 19 90 riven G COMB. AUN-A1(xn(REV r/esl �`. COtAACT BOND -CALIFORNIA FAITHFUE'PERFORMANCE-PUBLIC WORK* Executed in Duplicate Bon No. 1207734 Initial prem um charged for this bond is $ in -nn sUb4es5bcA= per annum KNOW ALL MEN BY THESE PRESENTS, That Sycamore Estateslofb�an Juan Capistrano, T.7aC=134.--n, 1� riTnito Partnership of , as Principal, an a Amwest Surety u , a corporation.organ zed and existing un er a aws o California and authorized to ransact.surety business in the St'i e o Calx ornia, as Surety, are old and firmly bound unto City of San Juan Capistrano, in the sum o Five thousand and 00/100-------- dollars ($5,000.00 ), for the p yment w ereo , ' we an truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, Ciat WHEREAS, the above -bounden Principal has entered into a Contract dated 1hAe N d0, 199p, with the City of San Juan Capistrano to o and perform the ollowing work, to wit: I' Subdivision Monuments for Tract No. 13721 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then th s obligation #hail be void; otherwise to remain in full force and effect. Signed and sealed this 16th day of march, 199 Sycamore Estate Ltd -..a Calif rn APPROVED AS TO FORM. y Jo R. S aw Ci Attorney `by r of San Juan Capistrano Limited Patnership Principar r. surance Cod any .1 - ler 'Attorney / NOTEr. Acknowledgments of execution off pri al and Surety must. be attach d. \\ rytTTRTT h Wa+merehip) STATE OF CALIFORNIA SS. COUNTY OF before me, Shirley Lewis personalty appeared Gerald F. for proved to me on the basis of satisfactory evidence) to be One of the partners of the rinenhip that executed the within instrument, and acknow to me that ZIT, partnership execu the mme. WITNESS my, nd'a afwai seal. Signatare in and tot mid State, (known to mel ,F t '• ': k *►21 ITwneo loroll&vl w4rylmoll STATE OF CALIFORNIA, COUNTY OF Los Anaeles —SS. On March 16th, 1990 before me a Notary Public, within and for the said County and State, personally appeared Heather Zimmerman , known tome (or proved to me on the basis of satifactory evidence) to be the person whose name is su to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE M ,and ackn itt� he subscribed the name of the AMWEST SURETY INSURANCE COMPAN there as Surety, rus own tame as Attorney in Fact. Orr[CtAL SERI TINA DUR.AND ; NOI ARI vUU11C - Ck iwRNIa �' YNIIVG PAI Ur'tiCE by -WoTsay Mbbw LOS A:1GEt ES UUUNI Y UN-A90W My Commission Expires March 2. 1993 PUWErt NUMBER- - -- E10284 --—BOIQD-NUMBER-` 1207734 -- This -P5we­r 6JAftorney-Was- been delivered in connection with the above bond number. WEST SURETY INSURANCE COMPANY BOX 4500, WOODLAND HILLS, CA 9136$$ Aff"Vmm"w(818) 704-1111 LIMITED POWER OF ATTORNEY (READ CAREFULLY) To be used only in conjunction with the bond specified herein. 1, 1991 No Power of Attorney on this form shall be valid as to bonds, under- takings, recognizances or other written obligations in the nature thereof executed on or after said expiration date. Sycamore Estates of San Juan Capistrano, 5,000.00 NAME OF PRINCIPAL: iter , C`a1ifLlY"ia T•]mit(?Gi FSr+^a•"shi —PENAL SUMS NAME OF OBLIGEE: City Of San . This Power of Attorney may not be used is printed on blue paper with black and of this Power of Attorney are valid. No re officer of AMWEST SURETY INSURAWI to AMWEST SURETY INSURANCE 001 Department. This Power of Attorney steal by AMWEST SURETY INSURANCE 0t of attorney forms issued 4*MY J conjunction with any other power of attomey, This Power of Attorney is void If shared or erased. This document I IW --Thin power of attorney bears a raised sail of AMWEST SURETY INSURANCE COMPANY. Only originals rgeriitatlons or warranties regarding this Power of Attorney may be made by any person other than an authorized COMPANY, and must be in wiping."Ouestions or inquiries regardlttg this Power of Attorney must be addressed ANY at the address and telephone number set forth at the top of this Power of Attorney, Attention: Underwriting a gbvwhW by laws of the State ,of California. Any power of attorney used in connection with any bond Issued 0ANYiM dr r February 21; ,19891riust be on Amwest Form UN-Ai007 (REV. 2mg). All other previous power REI pISURANCE COMiNWY fiave been revoked and ere d tie further force or effect. �4 KNOW ALL MEN BY THESE PRESENTS, thatAW*IW SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (tile "Company"), does hereby make, constitute and appoint I . - - HEATHER ZIMMERMAN AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attorneys}in-Fad, with limited power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto if a seal Is required, bonds, undertakings, recognizarlcas or other written obllgatlont to the nature thereof, as follows: Bid Bonds up to $250,000; Contract, Court & Subdivision Bonds up to $250,000; License & Permit Bonds up to $50,000; . Miscellaneous Bonds up to $25,000... and to bind AMWEST SURETY INSURANCE COMPANY thereby. This appointment Is made under and by authority of the following provisions of the By -Laws of the Company, which are now in full force and effect: Article III, Section 7 of the By -Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1875. RESOLVED that the president or any vke-president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fad or agents with authority as defined or limited in the Instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that arty bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president or any vice -presided and attested and sealed (If a seal be required) by arty secretary or assistant secretary; or (if) when signed by the president or any vics•prosdent Or secretary or assistant secretary, and rbtatfarsigned and sealed (if a seal be required) by a duly authorized attorney i -fact or agent; or (iii) when duly executed and sealed Of a seal be required) by one or more attorneys -In -fact or a" pursuant to and within the limits of the authority evidenced by the power of attorney Issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused Mees presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 7 day of December 19 89 ny R. Ps$ w . PmekNnl STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as On this 7 day of December A.D., 19 89 . personally came before me �-G_ erjr R. Peterson and Karen G. Cohen me known to be the individuals and offers of AMWEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above instrument. and they each knowiedged the execution of the same, and being by me duly swam, did severally depose and say: that they aro the said officers of the corporation aforesaid, it that the seal affixed to the above instrument Is the seal of the corporation, and that said corporate seat and their signatures as such officers were duly affixed d subscribed to the said instrument by the authority of the board of directors of said corporation. OF CALIFORNIA, COUNTY OF LOS ANGELES — ss (SEAL) L),-( //jj�� Notuy PUMk CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the loing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the Sy -Laws of the Company the Resolutions of the board of directors set forth In the Power of Attorney, are now in force. ed and sealed at Pasadena, California this 16th day of March 19 90 x.ml acch. UN- IDT 1AEV 210) at the meeting of March 13, 1990, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated March 20, 1990, from the Director of Public Works, regarding actions taken at the meetings of January 10, January 24, February 14, and February 28, 1990, was ordered received and filed. �-- APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT - TRACT 13721 (7IGROSSI) (600.301 As set forth in the Report dated March 20, 1990, from the Director of Public Works, the Improvement Agreement and Final Map for Tract 13721 to subdivide approximately 2.5 acres of land into seven single-family residential lots, was approved, based on the finding that the Map is in compliance with the General Plan and with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement, and the City Clerk was directed to record said documents. AWARD OF CONTRACT - HOT SPRINGS DANCE HALL ADDITION (MAC GROUP DESIGN AND DEVELOPMENT) (600.30) Raul Escomia, representative from the Center for Contract Compliance, which monitors public works projects throughout the County, advised the Council of unresolved co-olaints regarding the low bidder for the subject project, M z Group Design and Development, Inc., in that they are p esently facing charges with the California Department o' Labor Standards and Enforcement. The complaints involve -he firm not paying prevailing work rates on numerous bids that were awarded. He advised of one case that was still open involving penalties against the firm and requested that he be contacted if the City has any questions regarding the issues concerning this contractor. Mr. Murphy noted that the contractor has not been judged guilty on any of the com- plaints as of this date. Mr. Julian stated that the City investigated the firm through state boards and the City Attorney and noted that previous work performed by the firm in the City was satisfactory. However, he emphasized that the City will ensure that prevailing wages will be paid by the contractor. Mr. Shaw indicated that the City would be subject to liability if the reasons to reject this firm were found to be inadequate. It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the contract for the -4- 3/20/90 0 0 AGENDA ITEM March 20, 1990 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Improvement Agreement and Final Map - Tract 13721 (Meek/Rosenbaum/Zigrossi) SITUATION Tract 13721 has been reviewed and checked by the Engineering Division 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 prior to final map approval by Council Resolution 89-6-20-2 (attached) have been met (See items 2, 3b, 5, 8, 9, 15). All bonds, fees and pro -rata shares for public improvements (signal at Ortega/Siega) have been paid. In addition, the developer has entered into the attached Improvement Agreement. Guidelines for City Council review of the map are attached. NOTIFICATION Property Owner/Developer, Project Engineer and adjacent property owners per the attached list. COMMISSION/BOARD REVIEW, RECOMMENDATIONS This project was reviewed by the ERB, Traffic and Transportation Commission, Cultural Arts and Heritage and the Planning Commission. FINANCIAL CONSIDERATIONS All required fees have been paid and sureties posted. ALTERNATE ACTIONS 1. Approve Tract 13721 and the Improvement Agreement. 2. Do not approve Tract 13721 and the Improvement Agreement. 3. Request additional information from Staff. RECOMMENDATION By motion, approve Tract 13721 (Zigrossi) by determining that the map is in compliance with the City General Plan and with the approved Tentative Map, authorize the City Engineer and City Clerk to execute the Map, authorize the Mayor and City Clerk to execute the Improvement Agreement and direct the City Clerk to record said documents. Respectfully submitted, W. D. Murphy WDM/RAF:nb FOR CITY COUNCIL AGFND�6) 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: 1. The Final Map or Parcel Map is consistent with the General Plan. 2. The Final Map or Parcel Map is in substantial compliance with the approved Tentative Map or Tentative Parcel Map. 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. S. 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. . a a .. * r** a•* r r • • 139 1 RESOLUTION NO. 89-6-20-2 APPROVING TENTATIVE TRACT 13721 (MEEK/ROSENBAUM) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 13721 (MEEK/ROSENBAUM) WHEREAS, the applicant, Mr. Patrick Meek, 43118 Pacific Coast Highway, San Juan Capistrano, California, has submitted Tentative Tract Map 13721, proposing to subdivide approximately 2.5 acres of land into seven (7) single-family residential lots, located on Assessor's Parcel No. 664-053-8; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly issued a negative declaration for the project, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the proposed project to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium -low Residential designation on the General Plan map and is otherwise consistent with all other Elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. -I- 140 • • NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve the proposed project, subject to the following conditions: 1. Home Warranty: The provisions of Chapter 8-6 of the Municipal Code (Home Warranty rdinance) 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. 2. CC&Rs: A set of Conditions, Covenants, and Restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: (a) Provisions on the use and maintenance, by the homeowners' association, of landscaping areas and other common areas and slopes. (b) The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&Rs shall be approved by the City Attorney prior to approval of a final map. Future modifications to the CC&Rs shall be submitted to the City for review and approval. 3. Grading Plan: A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Said plan shall be designed to conform to the following criteria: (a) All manufactured slopes shall be designed and constructed per City of San Juan Capistrano Section 9-3.505 and 9-4.112. All such slopes shall be 2:1 or flatter. (b) Any off-site grading will require written permission of the property owner affected. Said written notice shall be notarized and filed with the City Engineer prior to approval of the final map. 4. Architecture)Developm mt Concepts: The architecture and site plan concepts submitted as part of this Tentative Tract Map shall regulate the ultimate design and development of the site. If the plans are revised, the Planning Commission shall review and approve the revisions. The project shall be designed and developed as follows: (a) The tract homes shall range in size from 3,300 to 4,050 square feet. (b) Lot 1 will be constructed with cream plaster, white trim and brick masonry; Lot 2 with light grey plaster, white trim and brick masonry; Lot 3 with white plaster, grey trim and rock masonry; Lot 4 with tan plaster, white trim and river rock; Lot 5 with grey plaster, white trim and stone masonry; Lot 6 with grey plaster, grey trim and stone masonry; and Lot 7 with cream plaster, butternut trim and stone masonry. (c) 20- and 10 -foot landscaping with trees and shrubs shall be provided along the western and southern faces. 15- and 10 -foot landscaping shall be provided along Ortega Highway and Avenida Siega. (d) A 5 -foot high retaining wall shall be constructed around the site. -2- J • 141 Landscape and Wall Plans: Landscape, street tree and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree and fence/wall plans shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. (a) Landscaping along Ortega Highway shall be consistent with the City Street Tree Master Plan. California Pepper, Eucalyptus and/or Sycamore shall be provided along Ortega Highway. (b) Noise attenuation measures shall be considered along Ortega Highway, with a report from an acoustical engineer regarding the noise abatement as it relates to boundary wall design. (c) The large oak tree adjacent to the Rosenbaum House shall be preserved; the oak tree in the northerly portion of the property shall be removed. 6. Landscaping Installation: Landscaping shall be installed as follows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit until all landscaping has been installed and approved by the Department of Community Planning and Development. 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. 8. Street Names: Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights: Vehicular access rights to all primary, secondary and commuter highways shall be released and relinquished to the City except at street intersections on the final map. 10. Public Streets: The following public streets shall be designed, constructed and dedicated in accordance with Section 9-4.103 of the Municipal Code. (a) Ortega Highway - constructed to its secondary half width of 52 feet (32 feet center line to curb). (b) Avenida Siega - constructed to a width of 60 feet (40 feet curb -to -curb) with 25 feet curb returns to Lot A and 35 feet curb return to Ortega Highway. -3- 14 • • It. Private Streets: The following private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. (a) Lot "A" (Private Street) - constructed to a width of 28 feet curb -to -curb 12. Removal of On-site Structures: The applicant shall continue efforts to re ocate the Rosenbaum House to another site in the City. The Director of Community Planning and Development shall determine prior to issuance of any permits that the applicant has made a significant effort to find individuals or groups or interested government agencies to relocate the Rosenbaum House. The Director shall submit a report to the City Council indicating the efforts which were made before making such determination. If relocation is infeasible, the applicant shall be required to document graphically and photographically the Rosenbaum House prior to issuance of the grading permit. 13. Construction: The following construction shall be required: (a) Construct Lot A (Private Street) to a width of 28 feet curb -to -curb as shown on the Street Improvement Plan. (b) Construct Avenida Siega to its ultimate width of 60 feet (40 feet curb -to -curb) as shown on the Street Improvement Plan with 25 -foot curb returns to Lot A (Private Street) and 35 -foot curb return to Ortega Highway. (c) Construct Ortega Highway to its ultimate scenic secondary half width of 52 feet (32 feet centerline to curb) as shown on the Street Improvement Plan. (d) Construct P.C.C. residential/commercial sicewalk per City Standards as shown on the Improvement Plan, including 4 -feet clear around obstructions in the sidewalk on Avenida Siega and Ortega Highway. 14. Dedications: The following dedications shall be required: (a) Dedicate diagonal corner cut-off at the corner of Avenida Siega and Ortega Highway. (b) Vehicular access rights to Ortega Highway and Avenida Siega shall be released and relinquished to the City of San Juan Capistrano, except at street intersections. (c) Dedicate all land 30 feet from the center line of Avenida Siega. (d) Dedicate all land 52 feet from the center line of Ortega Highway. 15. Submittal: The following shall be submitted: (a) Submit a deposit for design and construction of a traffic signal at Avenida Siega and Ortega Highway. Level of participation shall be based on traffic generations and shall be determined by the City Engineer in conjunction with .a Traffic Study submitted by the developer prior to final map. -4- • • 143 (b) At the time of development, submit Street Improvement Plans to Engineering Division that show Storm Drain, Sewer and Water Improvement, prepared by a Civil Engineer, for Avenida Siega, Ortega Highway and Lot A (Private Street). Said plans to be reviewed and approved by the City Engineer prior to issuance of any permit. PASSED, APPROVED, AND ADOPTED this 1989. ATTEST: 20th day of June STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-6-20-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of Jame , 1989, by the following vote: AYES: Councilmen Friess, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilmen Schwartze and Buchheim (SEAL) &l r MARY AN OVER, CITY CL K -5- `9 �B ��M F J n. CT LOCATION 4ru u w DMA nn. u w a*. NL .� YOFLN NOY[ MIIN J IN ]1132 01- s . T,g April 2, 1991 Mr. Gerald Zigrossi Sycamore Estates of San Juan Capistrano, Ltd. c/o Hillside Terrace Development Corporation 31551 Camino Capistrano, Suite B San Juan Capistrano, CA 92675 0 MEMBERS OF THE CITY COUNCIL LAWRENCE F. SUCHHEIM KENNETH E FRIESE GARY L. HAUSOORFER OIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN S. JULIAN /est -71 -Q.aL- mm�q2d"a" ,a'd Re: Renewal of General Liability Certificate of Insurance Improvement Agreement -Tract 13721 Dear Mr. Zigrossi: The General Liability Certificate of Insurance, regarding the above -referenced project, expired on March 12, 1991. In accordance with your agreement, the insurance certificate needs 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. Please forward an updated certificate and the endorsement form to the City, attention City Clerk's Office, by April 17, 1991. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Records Coordinator cc: Cheryl Johnson, City Clerk Theodore Simon, City Engineer qhob Al� 411'r C�Orn� � dv�Unt�/ (/i1Q Ts 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 name Dennis R. Cunningham 28472 Via Ordaz San Juan Capistsrano, CA 92675 Gordon G. Phillips, Jr. 28462 Via Ordaz San Juan Capistrano, CA 92675 Joseph Tursi 28481 Via Ordaz San Juan Capistrano, CA 92675 Warren G. Michaelis 28471 Via Ordaz San Juan Capistrano, CA 92675 Ron Parks Miller 28461 Via Ordaz San Juan Capistrano, CA 92675 William J. Hadley 30892 Via Errecarte San Juan Capistrano, CA 92675 Lawrence Harris Ganzell 30912 Via Errecarte San Juan Capistrano, CA 92675 James Bola 30922 Via Errecarte San Juan Capistrano, CA 92675 James K. Paulsen 30942 Via Errecarte San Juan Capistrano, CA 92675 George V. Urbani 30952 Via Errecarte San Juan Capistrano, CA 92675 Harlon Scott Roman 30972 Via Errecarte San Juan Capistrano, CA 92675 Patrick L. Meek 34090 Coast Highway Dana Point, CA 92629 Tierra Del Caballo Village Homeowners Association 28512 Paseo Diana San Juan Capistrano, CA 92675 0 CERTIFIED, RETURN RECEIPT REQUESTED September 20, 1994 Jim Hillery, Claims Examiner Amwest Surety Insurance Company 6320 Canoga Avenue P.O. Box 4500 Woodland Hills, CA 91365-4500 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GILJONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH Re: Principal: Sycamore Estates of San Juan Capistrano, Bond No's. 1207733 and 1207734 for Tract 13721 in the City of San Juan Capistrano Dear Mr. Hillery: Per our telephone conversation, I am enclosing the two original release forms for the subject bonds as submitted by Amwest Surety Insurance Company. Both have been executed by the Mayor of the City of San Juan Capistrano for your immediate action. Please make the checks of $70,300 and $5,000 payable to the City of San Juan Capistrano, Attention: Sam Shoucair, Engineering. Very tryly yo cair Senor Engineer SS:ssg enclosures cc: George Scarborough William M. Huber Theodore G. Simon Cheryl Johnson L/ a:\sam\1etters\9-20amws.1et 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 AAmwest Ate. .cv i�... 1— CamPdny BOND NO. LC �� .1207734 01 07/07/93:1 SYCAMORE ESTATES I I I I I I I I ANY AND ALL CLAIMS i I i 047631 SACRAMENTO i0W Amwest Amwest Surety Insurance Company P 0 Box 4500 Woodland Hills, CA 91365-4500 TEL 818 592-3380 PAY EXACTLY Tc -,E CITY OP SAN JUAN ,FcE" CAPISTRANO ire Co.► 05 DOLLARS AND TOTAL UNION BANK CORPORATE BANKING 445 SO FIGUEROA STREET CLAIMS ACCOUNT LOS ANGELES, CA 00071 $5,000.00 $5,000.00 i6 , '220 CHECK NO. 047631 CHECK DATE JUNE 17, 1994 CENTS $5,000.00 11'OL.76310 i:i2200077i': 0700471594o' -A'OSfGNATDRES RECLe EDO`/E 0 AAmwest amxear SurerY InsuraMB Company LC 1207733 01 107/07/931 SYCAMORE STATES OF SJC $70,300.00 ! ! I I I -rEc, N' 6PAh-, — — — -- 048007 SACRAMENTO AA'Amwest ANY AND ALL CLAIMS TOTAL $70,300.00 UNION BANK CORPORATE BANKING 445 SO FIG U EROA STREET Amwest Surety Insurance Company CLAIMS ACCOUNT LOS ANGELES, CA 900 , ,_,_ � PO Box 4500 220 Woodlai Hills. CA 91365-4500 CHECK NO. 048007 CHECK DATE JULY 22, 1994 TEL 818 592-3380 PAY EXACTLY DOLLARS AND CENTS -,FDER CITY OF SAN JUAN CAPISTRANO JE "•04800 7119 1: i 2 200077 0: 07004 7159411• $70,300.00 OVER 0 1 ®Amwest > VIA FACSIMILE TRANSMISSION 6 U.S. MAIL �j (714) 493-1251 July 19, 1994 0 Amwest Surety Insurance Company 6320 Canoga Avenue, P.O. Box 4500 Woodland Hills, CA W365-4500 TEL 818 704-1111 DIRECT DIAL NUMBER (818) 592-3422 FACSIMILE NUMBER: Sam Shoucair (818) 592-3654 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 In Re: Principal : Sycamore Estates of San Juan Capistrano Bond No. : 13^7733 Dear Mr. Shoucair: This will acknowledge the resolution of your claim against the above captioned bond. Enclosed you will find this company's release and assignment of claim form. Kindly execute and return to the writer at your convenience. The enclosed release contains a provision waiving the protection of California Civil Code 1542. If you accept this payment and sign this release, you may not make another claim against this bond, even if the basis for the new claim is not known or knowable to you at the time you sign this release. Upon receipt of the executed form, and barring any problems, this company will be in a position to issue its check in the amount of $70,300.00 in payment of your claim. very truly yours, L sa F eeman laims Exa iner LGF/dac Enclosure: Release c: Beth Ann R. Young 10100 Santa Monica Blvd., Suite 1450 Los Angeles, CA 90007-4118 i • A,Amwest VIA FACSIMILE (714) 493-1053 June 9, 1994 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Sam Shucair In Re: Principal: Sycamore Bond No. : 1207734 Project Tract No Dear Mr. Shucair: Amwest Surety Insurance Company 6320 Canoga Avenue, P.O. Box 4500 Woodland Hills, CA 91365-4500 TEL 818 704-1111 DIRECT DIAL NUMBER (818) 592-3422 FACSIMILE NUMBER (818) 592-3654 Estates of San Juan Capistrano 13721 This will acknowledge the resolution of your claim against the above captioned bond. Enclosed you will find this company's release and assignment of claim form. Kindly execute and return to the writer at your convenience. The enclosed release contains a provision waiving the protection of California Civil Code 1542. If you accept this payment and sign this release, you may not make another claim against this bond, even if the basis for the new claim is not known or knowable to you at the time you sign this release. Upon receipt of the executed form, and barring any problems, this company will be in a position to issue its check in the amount of $5,000.00 in payment of your claim. Very truly yours, isa Freeman laims Examiner LGF/gc /encl. • 1/- sem, ✓ CITY CLERK'S DEPARTMENT - ACTION REMINDER by TO:Theodore Simon, City Engineers FROM. Schanderl, Deputy City Clerk DATE: March 3, 1994 SITUATION: On March 20, 1990, the City of San Juan Capistrano entered into an agreement with Sycamore Estates of San Juan Capistrano, Ltd. regarding Tentative Tract 13721. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. ACTION REQUESTED: Agreement is to be completed by March 20, 1991. On March 27, 1991, agreement was extended to March 20, 1992. On February 28, 1992, agreement was extended to July 13, 1992. On August 25, 1992, agreement was extended to March 20, 1993. On March 11, 1993, agreement was extended to March 20, 19944 Please inform this department if agreement will be completed by March 20, 1994, or extended for an additional period. ACTION TO BETAKEN: LX W a � /17f(p "A lI DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: S!p /6 o SIGNATURE OF OFFICIAL TAKING ACTION: el� DATE SIGNED: _I 7/ Y ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/91 03/01/92 07/01/92 03/05/93 03/03/94 Deadline Date: 03/20/91 03/20/92 07/13/92 03/20/93 03/20/94 cc: City Attorney Department Head (600.30/t13721) 3�3jg4-, 0 40 (0 CO, 30 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer /d J FROM: Dawn Schanderl, Deputy City Clerk DATE: March/, 1993((/�,� SITUATION: On March 20, 1990, the City of San Juan Capistrano entered into an agreement with Sycamore Estates of San Juan Capistrano, Ltd. regarding Tentative Tract 13721. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. ACTION REQUESTED: Agreement is to be completed by March 20, 1991. On March 27, 1991, agreement was extended to March 20, 1992. On February 28, 1992, agreement was extended to July 13, 1992. On August 25, 1992, agreement was extended to March 20, 1993. Please inform this department if agreement will be completed by March 20, 1993 or extended for an additional period. ACTION TO BE TAKEN: Z'yVi� 1 70 NO", Z4 (9 j4 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Maw 3� j9 94 SIGNATURE OF OFFICIAL TAKING ACTION: 1-2111 DATE SIGNED: J ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/91 03/01/92 Deadline Date: 03/20/91 03/20/92 cc: City Attorney wager Department Head (600.30/t 13721) 07/01/92 03/05/93 07/13/92 03/20/93 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 8 Zi L ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/91 Deadline Date: 03/20/91 cc: City Attorney Assistant City Manager Department Head (600.30/t13721) 03/01/92 07/01/92 03/20/92 07/13/92 �ca CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: July 1, 1992 7s :1e aL�/il�nv. SITUATION: >44e On March 20, 1990, the City of San Juan Capistrano entered into an agreement with Sycamore Estates of San Juan Capistrano, Ltd. regarding Tentative Tract 13721. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. ACTION REQUESTED: Agreement is to be completed by March 20, 1991. On March 27, 1991, agreement was extended to March 20, 1992. On February 28, 1992, agreement was extended to July 13, 1992. Please inform this department if agreement will be completed by July 13, 1992 or extended for an additional period. ACTION TO BE TAKEN: & 4YL / 73y DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 8 Zi L ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/91 Deadline Date: 03/20/91 cc: City Attorney Assistant City Manager Department Head (600.30/t13721) 03/01/92 07/01/92 03/20/92 07/13/92 0 0 (p 00.30 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: March 1, 1992 SITUATION: On March 20, 1990, the City of San Juan Capistrano entered into an agreement with Sycamore Estate#of San Juan Capistrano, Ltd. regarding Tentative Tract 13721P If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. ACTION REQUESTED: Agreement is to be completed by March 20, 1991. On March 27, 1991, agreement was extended to March 20, 1992. Please inform this department if agreement will be completed by March 20, 1992 or extended for an additional period of one year. ACTION TO BE TAKEN: 1n6 r�s,F JIA` � DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: %may �3, �99z SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: _ 2Z 2,8 9 2 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/01/91 03/01/92 Deadline Date: 03/20/91 03/20/92 cc: City Attorney Assistant City Manager Department Head (600.30/tl3721) 9, -g3 -9A rl7rr7 r r� 1 1. CITY CLERK'S DEPARTMENT - ACTION REMINDER �^ TO: Director of Public Works FROM: Records Coordinator DATE: March 1, 1991 SITUATION: On March 20, 1990, the City of San Juan Capistrano entered int m with Sycamore Estates of San Juan Capistrano, Ltd. regarding Tentative ract 13721. ACTION REQUESTED: If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Agreement is to be completed by March 20, 1991. Please inform this department if agreement will be completed by March 20, 1991 or extended for an additional period of one year. ACTION TO BE TAKEN. �X G, 4A a,a'2i�W' DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 440/1 SIGNATURE OF OFFICIAL TAKING ACTION: / c% DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 3IaSl�.� Tickler Date: 03/01/91 Deadline Date: 03/21/91 cc: City Attorney Assistant City Manager (600.30/tl3721) -11 y4:Y0 . �?<44 SCaERTIFICATE OF INSURANCE " 03/16/90 This certificate is issues a matter of informatio only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed belowtt PRODUCER C Letter"F"'�C3hTTSDALE INSURANCE COMPANY GENERAL INSURANCE AGENCY M Lem"p B4111/^M fVb*LIAM BROWN & ASSOC. P. 0. BOX 6010 P Y Ct hn MISSION VIEJO CA 92690-4010 A Letterp4ARNT INSURED N CITI uF UN � GERALD ZIGGROSSI I LettdVPDflrla'` THE HILLSIDE TERRACE DEVELOP— E 31551 CAMINO CAPISTRANO #B S Letter E %Iizl.'tC� r S.J. CAPISTRANO CA 92675 This is to certify that policies of insurance listed below have been 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. -----------------------------------COVERAGES------------------------------------ Co Type of Policy # Policy Policy All Limits Ltr Insurance Effective Expiration in Thousands ---- GENERAL LIABILITY--------- A (X) Commercial GL GLS280758 ( ) ( )Claims Made (X)Occurrence C ) Owners & Contr ---- AUTOMOBILE LIABILITY ------ ( ) Any Auto ( ) All Owned ( ) Scheduled ( ) Hired ( ) Non—Owned ( ) Garage Liab ---- EXCESS LIABILITY---------- ( ) Umbrella Form ( ) O.T. Umbrella ---- WORKERS COMPENSATION ------ W.C. Employers Liab. ---- OTHER ---------------------------------------- 03/12/90 03/12/91 Gnl Aggregate 1000 Prd—CompOp Agg1000 Pers & Adv Inj1000 Each Occur 1000 Fire Damage 50 Medical Exp 5 CSL B.I./Person B.I./Accident P.D. Each Occur Aggregate STATUTORY Each Accident Disease/Pol Disease/Emp --------------- ------------------------------------------------------- DESCRIPTION OF Operations/Locations/Vehicles/Restrictions/Special Items CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO ALL OPERATIONS OF THE NAMED INSURED. CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named below but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. NAME and ADDRESS of CERTIFICATE HOLDER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 022 ATTN: TONY FOSTER. PUBLIC WRK. Authorized Representative �� in(Otvo AApO mww:xm 1961 1776 March 22, 1990 Mr. Gerald Zigrossi Sycamore Estates of San Juan Capistrano, Ltd. c/o Hillside Terrace Development Corporation 31551 Camino Capistrano, Suite B San Juan Capistrano, CA 92675 Re: Improvement Improvement Agreement/Final Map - Tract 13721/Final Map - Tract 13721 Dear Mr. Zigrossi: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At their regular meeting held March 20, 1990, the City Council of the City of San Juan Capistrano approved the Final Map and Improvement Agreement for Tract 13721. A fully -executed copy of the Improvement Agreement is enclosed for your files. The original agreement has been forwarded to the Orange County Recorder's Office. If you have any questions, please do not hesitate to call. Very truly yours, Mary Ann W6over, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 MEMORANDUM TO: FROM: SUBJECT: John Shaw, City Attorney January 30, 1990 R. Anthony Foster, Engineering Assistant Approval of Bonding Company, Tract 13721 (Meek/Rosenbaum/Zigrossi) Gerald Zigrossi is requesting approval of Amwest Surety as the bonding agent for the above referenced project. Amwest is not on our list of approved bonding companies. Please review and respond as soon as possible. R F:nb cc: Ted Simon r MEMORANDU 0 March 26, 1990 TO: ":puty City Clerk FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Bonds/Insurance, Tract 13721 (Rosenbaum/Meek/Zigrossi) Attached are two copies each of the following bonds: Number Amount Type Purpose #1207733 $70,300 Performance Street, storm drain and sewer 111207733 $70,300 Labor and Material Street, storm drain and sewer 111207734 $ 5,000 Faithful Performance Survey Monumentation I have also included the Certificate of Insurance for this project. Please note that the bonds need the date of the Improvement Agreement inserted. I forwarded the Agreement to you approximately two weeks ago. RAF cc: Ted Simon