Loading...
06-0307_VALLE RANCH LLC_Notice of Completion . This Documentelectronically recorded by Cert Mail A RECORDED AT REQUEST OF AND Recorded in Official Records,Orange County RETURN TO: Tom Daly,Clerk-Recorder City of San Juan Capistrano City Clerk's Office 111101t111�N1 11111 NO FEE 32400 Paseo Adelanto uluuuiwuwpuut�uuuiauwuluwuu�uiuu San Juan Capistrano, CA 92657 2007000531275 09:07am 08/28/07 .122A 159 N12 1 RECORDING FEES EXEMPT DUE TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Valle Ranch, LLC, d Delaware Limited Liability Company, 3 Park Plaza, Suite 1490, Irvine, CA,92614-8588 for the construction of the public water and sewer improvements for Tract 16678, San Juan Capistrano, CA. That said work was completed on June 20, 2006, by said company according to plans and specifications and to the satisfaction of the Public Works Director and the City Engineer of the City of San Juan Capistrano,and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21St day of August, 2007, by Resolution No. 07-08-21-02. That upon said contract, Arch Insurance Company, Bo d No. SU 1014046 was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this st f ugust, 2007. M , Ci onaha y Clerk City o S n J an Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this 21 st day of Au ust, Mar nahan, Ci erk City of San Jua Capistra o 0 0 AGREEMENT FOR CONSTRUCTION OF SEWER AND WATER FACILITIES THIS AGREEMENT, dated this 2006, by and between VALLE RANCH, owned by VALLE RANCH, LLC, a Delaware Limited Liability Company, hereinafter called "Developer", and CITY SAN JUAN CAPISTRANO, hereinafter called "City". WITNESSETH: WHEREAS, Developer wishes to obtain sewer and water services from the CITY OF SAN JUAN CAPISTRANO, hereinafter called "CITY' for property known as Tract 16678 located at 33272, 33302, and 33332 Valle Road, S.J.C., CA, and City requires the construction and dedication of Sewer and Water Facilities by Developer as a condition of providing said public sewer and water services; and WHEREAS, Developer has prepared and submitted to City a set of improvement plans for said Sewer and Water Facilities, and WHEREAS, Developer has constructed said Sewer and Water Facilities at their own risk and wishes to enter into this Agreement to ensure compliance with City regulations and procedures in order for the City to accept said facilities, and WHEREAS, City desires to insure that said Sewer and Water Facilities are installed in accordance with City's Sewer and Water standards and specifications. NOW, THEREFORE, it is hereby agreed by and between Developer and City that: 1. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the Sewer and Water Facilities shown and delineated upon the improvement plans titled "WATER AND SEWER PLANS FOR VALLE RANCH" as approved by the Water Engineering SC 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 Manager and the City Engineer of the City and on file with said City and by reference made a part of this Agreement as though fully set forth herein. If construction of Sewer Facilities has not started within the terms of this agreement, the developer must request a permit extension from the City Engineer prior to the expiration of this agreement. If construction of the Water Facilities has not started within the terms of this agreement, the developer may request a permit extension in accordance with section Water Standard Specifications, sections 300.13.3 and section 300.13.3.1. 2. Developer shall construct said Sewer and Water Facilities in accordance with the approved plans, City's Sewer and Water standard specifications under City's inspection. II. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by City, unless the developer has received prior approval to use a jumper and a jumper account has been authorized by the City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $500.00 per day for unmetered use of City's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. AGREEMENT-Page 2 0 9 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 3. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited without prior approval. 4. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. III. FEES, CHARGES, AND SECURITIES 1. Developer paid the prevailing water development fees on May 13, 2005 for the City to provide permanent water service to said property, which fees paid to the City are the following sums: (a) $11,186.06 for the costs of City's plan review, inspection of construction and the control thereof, and for the testing of materials which sum is based upon the estimated construction cost of $160,794.90. (b) $2,700 for the furnishing and installation by City of all permanent water meters which sum is based upon a fee of $450 per 2-inch meter and the following number and size of meters: five (5) 2-inch domestic and one (1) 2- inch irrigation. (c) $17,590.40 for Capital Improvement Charges based upon ($.40 per square foot of new building area or $2,471 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (d) $26,385.60 for Water Storage Charges based upon ($.60 per square foot of new building area or $2,955 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (e) $23,131.38 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate based upon ($.526 per square foot of new building area or$3,210 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. 2. When additional buildings on this property are constructed, AGREEMENT-Page 3 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 additional development fees shall be paid prior to additional service being provided. 3. Developer shall pay the prevailing Sewer fees prior to Building permit issuance for the construction of public sewer improvements for all sewer plan check charges, inspection fees, and all sewer connection charges in accordance with the City's prevailing fee payment schedule. 4. Developer shall, at all times, prior to construction and/or beginning with the execution of this agreement, guarantee Developer's performance of this agreement by providing City and paying for the following auto-renewable security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and B. In order to guarantee and warranty Sewer and Water Facility Improvements and in addition to the security instruments described herein, Developer shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Sewer and Water Improvements and recordation of a Notice of Completion, Developer shall AGREEMENT-Page 4 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 provide to City a Warranty Bond for Sewer and Water Improvements warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Sewer Improvements shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. The amount of such Warranty Bond for Water Improvements shall be equal to One Hundred and Ten percent (110%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the Water Engineering Manager. IV. GUARANTEE Developer hereby guarantees the materials and the workmanship of the Sewer and Water Facilities for a period ending 365 consecutive calendar days after the acceptance of said Sewer and Water Facilities by City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by City within the aforesaid guarantee period. V. GENERAL 1. Developer hereby offers to dedicate to City the public Sewer and Water Facilities together with necessary easements as determined by the City. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the public Sewer and Water Facilities, whereupon said public Sewer and Water Facilities shall become property of City. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. AGREEMENT-Page 5 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys'fees. Vl. INSURANCE 1. Comprehensive General Liabilitv Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contract. • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 3. Worker's Compensation AGREEMENT-Page 6 0 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 If Developer employs employees to perform services under this Agreement, Developer shall obtain and maintain, during the construction of the Sewer and Water Facilities as described in this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. VII. CITY BUSINESS LICENSE Developer or developer's contractor will maintain a business license to do business in the City of San Juan Capistrano. VIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. IX. INDEMNITY The Developer, its associates, employees, subcontractors, or agents, is herein defined as the "Developer'. The City, its elected officials, volunteers, employees, subcontractors, or agents, is herein defined as the "City'. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, the AGREEMENT-Page 7 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 Developer, or Third parties, caused by or resulting from any activity or operation of Developer, during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify City from any and all expenses, claims, demands, actions, attorney's fees, costs and claims for damages to real or personal property or personal injury to the Developer, and or any third party resulting from the activity of itself, errors, omissions, or negligent acts of the Developer, or the actions of any third party. X. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. XI. ATTORNIES FEES In the event a legal action is commenced by party or parties to this agreement to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. AGREEMENT-Page 8 9 0 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. DEVELOPER CITY OF 4JUN CAPcVALLE RANCH, LLC, a Delaware By:Limited Liability Company DAVI RDLIN, MAYOR By CENTRA REALTY CORPORATION Its Managing Member 3 Park Plaza, Suite 1490 Irvine, CA 92614 Ph. 949.476. 46 By: GEO . PETERSON, President ATT T: (2 M GA ET R. MONAHAN, CITY CLERK A ROVED AS TO FORM: q � JOHN R. SH ITY ATTORNEY W:\ENG\DVLP\TRCT\16678\WTR&SW RAGMT.DOC AGREEMENT-Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT o �I State of California (� ss. County of �.Jt o_m� On 2�ptvGC�� ZZa-mio before me, f4e_n to � ,rNamme and Us o1 Officer(a g.."Jane Doe,Notary Publ,c-) personally appeared 11��q-e Pt.1r'r->o1 1 , Name(s)of Signers) [)[personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name() is/arc LAUREN MUSCHETTOO subscribed to the within instrument and w Commission# 1507110 1 acknowledged to me that he/sheRhey executed < the same in his/he ,'' authorized i Notaryrublic -Califomla capacity(iot and that by his/herRheir v.- Orange County My Comm.Expires Aug 10,2008 the entity u on the instrument the perperson or the entity upon behalf of which the personl,8) acted, executed the instrument. WIT ESS my hand and official seal. IP-9I. A gnaWre of N ahf Public I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1��-((1.22Y`tLS2S11—CTY l t r v1 v� 1`� Document Date: Number of Pages: _ _ Signer(s)Other Than Named Above: ' Capacity(ies) Claimed by Signer Signer's Name: I ( ❑ Individual 1 Top of thumb here 77C Corporate Officer—Title(s): D P�C�il7 ❑ Partner—❑ Limited El General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notery Association-9350 De Soto Ave-P.O.Bo,2402-Chatsworth,CA 91313 2402-www.Naticnaelmery.or9 Prod.No.5937 Reorder Call TalhFr.1 800 696-6627 32400 PASEO ADELANTO %, JA MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i IsgA SAMALLEVATO (949)493-1171 (949)493-1053 FAx ' Iq'9 fiirFB THOMAS W.HRIBAR A,x • nnniseFe MARK NIELSEN wwwsanjuancapistrano.org 1776 JOEsoro DR.LONDRES USO September 11, 2007 Arch Insurance Company One Liberty Plaza, 53`d Floor New York, NY 10006 Re: Release of Bonds— KPRS CONSTRUCTION SERVICES Dear Sir or Madam: The bonds listed below for Tract 16678 — Valle Ranch, LLC, construction of public water and sewer improvements are released as of the Notice of Completion Recording date of August 28, 2007, by action of the City Council on August 21, 2007. BOND NO. PURPOSE AMOUNT SU1014046 Performance—construct & install water facilities $ 176,876.39 The City of San Juan Capistrano hereby fully and forever releases and discharges Arch Insurance Company from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, Meg on an, MMC Ci Clerk nclosure as noted cc: (Letter copy only) George Peterson, Valle Ranch LLC (3 Park Plaza, Ste 1490, Irvine, CA 92614); Craig Harris, Assistant Engineer; Cynthia L. Russell, Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future �, Prinletl on 100°o recycleE paper oar<a <�r�o is z❑ �i4y47G9520 PROJECT D#NSYONS PAGE 0412 • SOND Na SU 1014046 KNOYV ALL MEN$YTHESE PRESENTS, That pe, KPRS CONSTRUCTION SERVICES, .INC. as Principal, and ARCH INSURANCE COMPANY a Missouri Corp'p on, created, organized, and existing and by virtue of the laws of the Stale of Missouri duty licensed to transact a general surely business in the State of CaiKomia, as suretgr, are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO,County of Orange,State of CalSfomia, in the sum of x`176,876•39 L)OLLARS, lawful money of the United Skates of Amegfca, to be paid to the said City forwhtch paymemtwell and trufy to be made we bind ourselves, our hjsirs, exacutors and successors,joirltf. and severally, THE. ICONDLTION OF THE FORrmoma Oi;3t..l4ATION ia'sudi that whereas the above bounden Prin4pal has agreed to do and perforin the'FollovAng,to-wit: Construct and install all of the water japilities pyrsuantto the Contri=tion of-WvAer >acllit]es entered into on �� }�� 20u.S by and between CITY OF SAN JUAN CAPISTRANO,and- KPRS CONSTRUCTION SERVICES, INC. a copy of which is attached hereto and made a.pert hereof. I. As a part of the obligation secured hereby, and in addition to the fare amount specified, there shall be lncluded costs and reasonable expenses and fees, Including reasonable attorney's fees,incurred by City of San Juan Capis a In successfully enforcing such obligation,all to be taxed as casts and Included in any judgment rendered_ id surety,for value received, hareb_r stipulates and agrees that no change,extension Q of e, alteration, or modification of the ton act documents or of the worts to be LU c pe , ed thereunder, shall in.any way affect its obligations or this bond, and It does V o ' W a reby walve notice of any such change, extension of time, alteratiorm or modifications p 1n u u of the contract docurnents cr of work to be performed thereunder. NOW;THEREFORE, the condition of this obligation is such that N the bounden Principal shall,to the satisfaction of the C71Y OF SAN JUAN CAPISTRANO faithfully and properly perform all of the work described in amid Agreement and,In accordance wtth the plans and speelfleatlons approved for said work]aod shall pay all rums due for sill damages suffered by said City by reason of faulty or defer l�a work or the carelessness or negiigence of said Prindpal and for the com oletlon.of any =work satisiactorgy'.Gr properly performed in accordance wltb the Agreement between City and PUG-2E-2005 .i39 94947G852e 98'i. P.04 08/2E/2005 11: 25 949476 PRO--ECT DIME*NS PAGE 05105 7R1CT NO. 1D�5'J�16o DATE August 31, 2005 BOND NO. SU 1014046 Pri4clpal,and guarantee all work for s period.of one year after acceptance In accordance with said Agdeement, then, at the expiration of said guarantee period, this obligation shall be null and void; othFrwiseto rernaln Infullforce OW etfecL IN WITNESS WHEREOF said Prindpal and Surety have caused this bond to be executed by . them'of cera thereunto duly authorized this 6th day of September 200 5 P fIVCIPAU KPRS CONSTRUCTION SERVICES.INC. SURETY: RCH INSURANCE COMPANY (SEAL) g Atte in Fact - Jame C. Congelio The�Fren urn on this bond is NTMI&g Address of Surety: 2,653.00 3 Parkway, Suite 1500 Philadelphia, PA. 19102 APPROVED AS TO FORM Sworn to and subscribed before me this 6th day of SSeptem4er2005. gI, �\ / Y PUBLIC OF STATE OF FLORIDA John S w.city Attorney TOM S.LOBRANO,III Notary Public,State of Florida My comm.expires Oct.30,2006 (Exec"In Triplicate) „, Comm.No.DO 143563 ALIO-26-2005 1139 9494768520 98% P•05 • POWER OF ATTORNEY • Know Ail Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company")does hereby appoint Tom S. Lobrano III, Tom S. Lobrano IV and James C. Congelio of Jacksonville, FL (EACH) its true and lawful Attorney(s)-in-Fact, to make,execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and.as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment pr collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance;of ttieseL presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as'Athe:$am@'had.beorr duly executed and acknowledged by its regularly elected officers at its principal office in Kansas:City;Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretaryshall have the power and authority to appoint agents and attomein-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolutionadopted by the Board of Directors on March 3,2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Compa..y nas caused this instrument to be signed a w its corporate seal to be affixed by their authorized officers, this 31st day of March 2005 Arch Insurance Company Attested and Certified 0WRMMTt Edward M. Titus, Vice President Ma can Anderson, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkos, a Notary Public, do hereby certify that Edward M:Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance .Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL FMY THLEEN MARCINKUS,Notary PWc it Gly of Philadelphia,PNIa CmAy Kathl en Marcinkus, N tary Public CommissionExpV%Febnl 9-15 2006 My commission expires 2-25-06 CERTIFICATION I, Edward M.Titus, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 31. 2005 on behalf of the person(s)as listed above Is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Mary Jeanne Anderson, who executed the Power of Attorney as Vice President, was on the date of execution_of the attached Power of Attorney the duty elected_Vice_President of the Arch Insurance Company.. IN TESTIMONY WetVZEOF, I have 5¢ereuntq subscribed my name and affixed the corporate seal of the Arch Insurance Company on this t day of eptem er 20 05 Edward M.Titus,Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway,Ste. 1500 Philadelphia, PA 19102 fiance C oe o n OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002 , we are pr Vidi no this Arch Insurance Company is the surety. DISCLOSURE-OF PREMIUM The portion of the premium attributable to covera Act is Zero Dollars ($0.00).. ge for terrorist acts certified under the -'-.._ _ ..DfS-CLOSURE OF.FEbERAL..PAR71GfPAT oto tN-f?AYMENF.QTEF�<2LZRlgM LOSSES The United States will pay ninety percent(90%) of covered terrorism fosses exceeding the applicable insurer deductible.. . - ' RESOLUTION NO. 07-08-21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ACCEPTING PUBLIC WATER AND SEWER FACILITIES, RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (VALLE RANCH, LLC — TRACT 16678) WHEREAS, on December 6, 2005, the City Council of the City of San Juan Capistrano approved the Final Tract map 16678 with Valle Ranch, LLC, a Delaware Limited Liability Company, for the approval of the land subdivision, acceptance of the required public water and sewer easements, and acceptance of the water rights within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, on March 7, 2006,the City Council of the City of San Juan Capistrano entered into a Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC, a Delaware Limited Liability Company,for the construction of certain public water and sewer improvements within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, the public water and sewer improvements were constructed in compliance with City water and sewer standards and specifications; and, WHEREAS, the one-year warranty period has been successfully completed,and the corresponding surety bond may be released; and, WHEREAS, the owners of said real property have, upon request by the City, dedicated the necessary water and sewer easements at no cost to the City. NOW,THEREFORE, BE IT RESOLVED, on August 21, 2007,the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. The public water and sewer improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Valle Ranch, LLC, a Delaware Limited Liability Company. SECTION 3. ' The City Cleric is directed to forthwith-forward a "Notice of Completion" to the Orange County Recorder's Office for recordation. Page 1 of 2 8/21/2007 SECTION 4. The City Clerk is hereby authorized to release the surety bonds. PASSED, APPROVED, AND ADOPTED this 21 s`day of August 2007 M L VAT , AY R ATTEST: r MAR ONA A CLE STATE OF CALIFORNIA ) _ COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARGARET R. MONAHAN,appointed City Clerk of the City of San Juan Capistrano,do hereby certify that the foregoing Resolution No.07-08-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21 81 day of August 2007, by the following vote: AYES: C N L MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato NOES: % O N IL MEMBER: None ABSENT: IL MEMBER: None MARG ONA N, ity erk -� Page 2 of 2 8/21/2007 " 8/21/2007 AGENDA REPORT D7 TO: David Adams, City Manager ';49- FROM: aFROM: Cindy Russell, Interim Public Works Director SUBJECT: Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC) (Tract 16678) RECOMMENDATION: By motion, 1. Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. SITUATION: Valle Ranch, LLC is the current owner/developer of a 16.724-acre site that includes three commercial buildings totaling 43,976 square feet, located at 33272, 33302, and 33332 Valle Road (Attachment 1). There are certain offsite and onsite water and sewer improvements associated with this development,which include public water improvements for the construction of an 8-inch water main, three (3) 8-inch fire services, four (4) commercial fire hydrants, five (5) 2-inch domestic water services, and one (1) 2-inch irrigation service. In addition to the public water improvements, the developer also constructed public sewer facilities. The developer paid for the construction of all water and sewer improvements. The surety for the public water improvements has been retained until the one-year warranty period has been completed,and the surety for the public sewer improvements have been released in association with closing out the encroachment permit for said improvement. All public water and sewer improvements constructed for the subject property were inspected,tested, and completed to the satisfaction of the Water Engineering Manager and the City Engineer, as well as completion of the one-year warranty period, which ended on June 20, 2007. The water and sewer easements necessary for the acceptance of the public water and sewer improvements are shown as dedicated to the City on the approval of the Final Tract Map 16678. Staff recommends the acceptance of public water and sewer improvements from Valle Ranch, LLC, and the release of the corresponding surety. 1 Agenda Report August 21, 2007 Page 2 BACKGROUND: The water and sewer easements along with the water rights were reviewed and accepted by the City Council on December 6, 2005. The Developer agreed to construct the public water and sewer facilities and the City Council reviewed and approved the"Agreement for the Construction of Water and Sewer Facilities" on March 7, 2006. COMMISION/BOARD REVIEW, RECOMMENDATIONS: The project has been previously reviewed and approved by the Environmental Administrator, Design Review Committee, Planning Commission, and City Council. FINANCIAL CONSIDERATIONS: No financial impact. All applicable development fees have been paid. NOTIFICATIONS: Valle Ranch, LLC. Development Resources Consultants, Inc. RECOMMENDATION: By motion, 1. Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. Respectfully submitted: Prepared by, Cindy RLAsell, Craig L. Harris Interim Public Works Director Assistant Engineer Attachments: 1. Location Map 2. Resolution 3. Notice of Completion c. THE CITY OF SAN JUAN CAPISTRANO 4 Ire PROJECT LOCATION r ; 1 111 600000 RESOLUTION NO. 07-08-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ACCEPTING PUBLIC WATER AND SEWER FACILITIES, RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (VALLE RANCH, LLC—TRACT 16678) WHEREAS, on December 6, 2005, the City Council of the City of San Juan Capistrano approved the Final Tract map 16678 with Valle Ranch, LLC, a Delaware Limited Liability Company, for the approval of the land subdivision, acceptance of the required public water and sewer easements, and acceptance of the water rights within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, on March 7, 2006, the City Council of the City of San Juan Capistrano entered into a Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC, a Delaware Limited Liability Company, for the construction of certain public water and sewer improvements within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, the public water and sewer improvements were constructed in compliance with City water and sewer standards and specifications; and, WHEREAS,the one-year warranty period has been successfully completed, and the corresponding surety bond may be released; and, WHEREAS, the owners of said real property have, upon request by the City, dedicated the necessary water and sewer easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on August 21, 2007, the City Council of the City of San Juan Capistrano,does hereby resolve,determine, and order as follows: SECTION 1. The public water and sewer improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Valle Ranch, LLC,a Delaware Limited Liability Company. ATTACHMENT SECTION 3. The City Clerk is directed to forthwith-forward a "Notice of Completion" to the Orange County Recorders Office for recordation. SECTION 4. The City Clerk is hereby authorized to release the surety bonds. PASSED, APPROVED, AND ADOPTED this 21St day of August 2007 SAM ALLEVATO, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano,CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Valle Ranch,LLC,d Delaware Limited Liability Company,3 Park Plaza,Suite 1490,Irvine,CA,92614-6588 for the construction of the public water and sewer improvements for Tract 16678, San Juan Capistrano, CA. That said work was completed on June 20, 2006, by said company according to plans and specifications and to the satisfaction of the Public Works Director and the City Engineer of the City of San Juan Capistrano,and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano,California 92675, at a regular meeting thereof held on the 21$t day of August, 2007, by Resolution No. 07-08-21- That upon said contract, Arch Insurance Company, Bond No. SU 1014046 was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this day of 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano,DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this day of 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano • 3/7/2006 D9 AGENDA REPORT TO: Dave Adams, City Manger E)f^ FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678) (33272, 33302, and 33332 Valle Road) RECOMMENDATION: By motion, 1. Approve the Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC; and 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water and Sewer Facilities, SITUATION: Valle Ranch, LLC the current owner/developer, has submitted and received approval of the Tract Map 16678 on December 6, 2005. The subject map has created 3 commercial condominium offices on a 16.724 acre parcel (the remaining acreage being an open space easement granted to the City). In order for the City to serve water and sewer to said tract, Valle Ranch, LLC must process an Agreement for Construction of Water and Sewer Facilities (Attachment 2). Staff has reviewed and approved the water and sewer improvement plans as they relate to subject agreement. Valle Ranch, LLC has executed the Agreement for Construction of Water and Sewer Facilities, and staff recommends approval of said agreement. Valle Ranch, LLC has received approval to create three commercial office buildings consisting of five condominiums (two of the buildings have second floors) on three acres of the 16.724 acre site. Site plans were approved as AC 04-05 in September 2004, and the Tentative Map was approved on July 5, 2005. The site is accessed from Valle Road via an easement within the Capistrano Unified School District property. The access road and common areas will be maintained by a property owners association. Agenda Report • • March 7, 2006 Page 2 All fees and sureties required prior to Final Map have been submitted. All required easements and dedications have been included on the Final Map, and the CC & R's for the Property Owners Association have been approved. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This project was previously reviewed by the City's Environmental Administrator, the Design Review Committee, the Planning Commission and City Council. FINANCIAL CONSIDERATIONS: There is no cost to the City by this action. NOTIFICATION: Valle Ranch, LLC/Centra Realty Corporation Development Resource Consultants Capistrano Unified School District SJD Partners RECOMMENDATION: By motion, 1. Approve the Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC; and 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water and Sewer Facilities. Respectfully submitted, Prepared by, 0" aw"A '4 G log------ Amy Amirani Craig L. ams Director of Public Works Assistant Engineer Attachments: 1. Location Map 2. Agreement Location Map N WE i Project Location f City Boundary Streets � . Creeks 0 3000 8000 Feet ATTACHMENT ? AGREEMENT FOR CONSTRUCTION OF SEWER AND WATER FACILITIES THIS AGREEMENT, dated this 2006, by and between VALLE RANCH, owned by VALLE RANCH, LLC, a Delaware Limited Liability Company, hereinafter called "Developer", and CITY SAN JUAN CAPISTRANO, hereinafter called "City" WITNESSETH: WHEREAS, Developer wishes to obtain sewer and water services from the CITY OF SAN JUAN CAPISTRANO, hereinafter called "CITY" for property known as Tract 16678 located at 33272, 33302, and 33332 Valle Road, S.J.C., CA, and City requires the construction and dedication of Sewer and Water Facilities by Developer as a condition of providing said public sewer and water services; and WHEREAS, Developer has prepared and submitted to City a set of improvement plans for said Sewer and Water Facilities, and WHEREAS, Developer has constructed said Sewer and Water Facilities at their own risk and wishes to enter into this Agreement to ensure compliance with City regulations and procedures in order for the City to accept said facilities, and WHEREAS, City desires to insure that said Sewer and Water Facilities are installed in accordance with City's Sewer and Water standards and specifications. NOW, THEREFORE, it is hereby agreed by and between Developer and City that: 1. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the Sewer and Water Facilities shown and delineated upon the improvement plans titled "WATER AND SEWER PLANS FOR VALLE RANCH" as approved by the Water Engineerinq ATTACHMENT Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 Manager and the City Engineer of the City and on file with said City and by reference made a part of this Agreement as though fully set forth herein. If construction of Sewer Facilities has not started within the terms of this agreement, the developer must request a permit extension from the City Engineer prior to the expiration of this agreement. If construction of the Water Facilities has not started within the terms of this agreement, the developer may request a permit extension in accordance with section Water Standard Specifications, sections 300.13.3 and section 300.13.3.1. 2. Developer shall construct said Sewer and Water Facilities in accordance with the approved plans, City's Sewer and Water standard specifications under City's inspection. If. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by City, unless the developer has received prior approval to use a jumper and a jumper account has been authorized by the City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $500.00 per day for unmetered use of City's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. AGREEMENT-Page 2 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 3. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited without prior approval. 4. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. III. FEES, CHARGES, AND SECURITIES 1. Developer paid the prevailing water development fees on May 13, 2005 for the City to provide permanent water service to said property, which fees paid to the City are the following sums: (a) $11,186.06 for the costs of City's plan review, inspection of construction and the control thereof, and for the testing of materials which sum is based upon the estimated construction cost of $160,794.90. (b) $2,700 for the furnishing and installation by City of all permanent water meters which sum is based upon a fee of $450 per 2-inch meter and the following number and size of meters: five (5) 2-inch domestic and one (1) 2- inch irrigation. (c) $17,590.40 for Capital Improvement Charges based upon ($.40 per square foot of new building area or $2,471 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (d) $26,385.60 for Water Storage Charges based upon ($.60 per square foot of new building area or $2,955 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. (e) $23,131.38 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate based upon ($.526 per square foot of new building area or$3,210 per meter, whichever is greater), which sum is based upon 43,976 square feet of new building area. 2. When additional buildings on this property are constructed, AGREEMENT-Page 3 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 additional development fees shall be paid prior to additional service being provided. 3. Developer shall pay the prevailing Sewer fees prior to Building permit issuance for the construction of public sewer improvements for all sewer plan check charges, inspection fees, and all sewer connection charges in accordance with the City's prevailing fee payment schedule. 4. Developer shall, at all times, prior to construction and/or beginning with the execution of this agreement, guarantee Developer's performance of this agreement by providing City and paying for the following auto-renewable security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the Sewer Facility improvements, and 110% of the estimated cost of the Water Facility improvements; and B. In order to guarantee and warranty Sewer and Water Facility Improvements and in addition to the security instruments described herein, Developer shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Sewer and Water Improvements and recordation of a Notice of Completion, Developer shall AGREEMENT-Page 4 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 provide to City a Warranty Bond for Sewer and Water Improvements warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Sewer Improvements shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. The amount of such Warranty Bond for Water Improvements shall be equal to One Hundred and Ten percent (110%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the Water Engineering Manager. IV. GUARANTEE Developer hereby guarantees the materials and the workmanship of the Sewer and Water Facilities for a period ending 365 consecutive calendar days after the acceptance of said Sewer and Water Facilities by City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by City within the aforesaid guarantee period. V. GENERAL 1. Developer hereby offers to dedicate to City the public Sewer and Water Facilities together with necessary easements as determined by the City. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the public Sewer and Water Facilities, whereupon said public Sewer and Water Facilities shall become property of City. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. AGREEMENT-Page 5 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attomeys' fees. VI. INSURANCE 1. Comprehensive General Liabilitv Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contract. $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 3. Worker's Compensation AGREEMENT-Page 6 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 If Developer employs employees to perforin services under this Agreement, Developer shall obtain and maintain, during the construction of the Sewer and Water Facilities as described in this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. VII. CITY BUSINESS LICENSE Developer or developer's contractor will maintain a business license to do business in the City of San Juan Capistrano. VIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. IX. INDEMNITY The Developer, its associates, employees, subcontractors, or agents, is herein defined as the "Developer". The City, its elected officials, volunteers, employees, subcontractors, or agents, is herein defined as the "City'. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, the AGREEMENT-Page 7 • Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 Developer, or Third parties, caused by or resulting from any activity or operation of Developer, during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify City from any and all expenses, claims, demands, actions, attorney's fees, costs and claims for damages to real or personal property or personal injury to the Developer, and or any third parry resulting from the activity of itself, errors, omissions, or negligent acts of the Developer, or the actions of any third party. X. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. XI. ATTORNIES FEES In the event a legal action is commenced by party or parties to this agreement to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. AGREEMENT-Page 8 Agreement for Construction of Sewer and Water Facilities Valle Ranch—Tract 16678 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. DEVELOPER CITY OF SAN JUAN CAPISTRANO VALLE RANCH, LLC, a Delaware By: Limited Liability Company DAVID M. SWERDLIN, MAYOR By CENTRA REALTY CORPORATION Its Managing Member 3 Park Plaza, Suite 1490 Irvine, CA 92614 Ph. 949.476. 46 By: GEO %P�. PETERSON, President ATTEST: MARGARET R. MONAHAN, CITY CLERK APPROVED AS TO FORM: q I JOHN R. SH , ITY ATTOR EY W:\ENG\DVLP\TRCT\16678\WTR&SW RAGMT.DOC AGREEMENT-Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��e�^.occrVercrer�.e�.erere�ti er�re<a�rcceccrcrercr� cee`.c� ccer.�re�'crVer>�c. creY��,rc3.v lState of Californias ss. County of a( _ l Gt,-_� �r OnrQ�(VCl(-1 221OCLo before me, myX� j` to Name and Title of Onicer(e g.,"Jane Doe,Notary Public') personally appeared C12i7�(�� aeYSQ�I 51 Name(a ol5yrar(5) S h 75Cpersonally known to me ❑ proved to me on the basis of satisfactory5 evidence f to be the person(f) whose nameO is/arc 5 LAUREN,YlUSCHETIO subscribed to the within instrument and Commtssbn# 1507110 acknowledged to me that he/shefthey executed [l �^ - the same in his/herkheir authorized =r �;� Notary I'ubllc-California Orange County - capacity(tes), and that by his/hefRlteir MyComm.ExpresAug10,2008 signaturel�) on the instrument the person(s), or 1 b the entity upon behalf of which the person(.) hf acted, executed the instrument. �5 5 WIT(JESS my hand and official seal /�-cei - 5 - tum of N tar,Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent vS fraudulent removal and reattachment of this form to another document d! Description of Attached Document ((� _ }4 Title or Type of Document: fA gee�^(�QSI't-'t"t-Y C S�C;�)-V L37l�� N I Document Date: Number of Pages: Signer(s) Other Than Named Above: nI Capacity(ies) Claimed by Signer Signer's Name: 2-1Z� II i ❑ Individual Top of thumb here K Dc Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General 5� ❑ Attorney-in-Fact �,II " El Trustee I ❑ Guardian or Conservators ❑ Other: Signer Is Representing: ''�`'��'�.�%L^�.r.,Cdr_.r.e:4'�c^�,'cc.Ci;�s�^�.'�-��:^c[�i»�oL^ex:4G�C>e�s�c^�t>�c^r✓<;`�ic�?cz,^r-t^�t.�.es:'�:�;`�?',�'Y 01999 National Notary Association-9350 be Sono Ave.,P0.Bax 2402•Chatsworth.CA 91313-2402•wvov.NaBonafttar,or, Prod.No.5907 Reorder:Call Toll Free 1-600 876-6827 32400 PASEO ADELANTO A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i iWA LEVATO (949)493-1171 /,y SAM (949)493-1053 FAX U' IAfAAYXAATE9 DIANEE BATHGATHGATE ASTAAfISXEO IB6I WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • DAVID M.SWERDLIN March 8, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On March 7, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678)(33272, 33302, and 33332 Valle Road)" Item No. 139. The following action was taken at the meeting: Agreement for construction of water and sewer facilities with Valle Ranch, LLC approved; and the Mayor and City Clerk authorized to execute the agreement. If you have any questions regarding this action, please contact Craig Harris, Assistant Engineer at 443-4305 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: Valle Ranch, LLC/Centra Realty Corporation; Development Resource Consultants; Capistrano Unified School District; SJD Partners; Craig Harris, Assistant Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Q* Printed on recycled paper 32400 PA5EO ADELANTO �' � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / SAM EVATO (949)493-1171 DIANE BATHGATE (949)491053 FAX InmAXAAAtEA DIANE H 3 W ESIAIIISXXX I IB6I VATT HART www.sat?ivancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN NOTIFICATION OF MEET F POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 7, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Agreement for Construction of Water and Sewer Facilities (Valle Ranch Condominiums/Centra Realty) (Tract 16678)(33272, 33302, and 33332 Valle Road)" — Item No. D9. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 6, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Craig Harris, Assistant Engineer. You may contact that staff member at (949) 443-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanluancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Valle Ranch, LLC/Centra Realty Corporation; Development Resource Consultants; Capistrano Unified School District; SJD Partners; Craig Harris, Assistant Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Q* Pnnted on recycled paper 8/21/2007 AGENDA REPORT D7 TO: David Adams, City Manager FROM: Cindy Russell, Interim Public Works Director SUBJECT: Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC) (Tract 16678) RECOMMENDATION: By motion, 1. Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. SITUATION: Valle Ranch, LLC is the current owner/developer of a 16.724-acre site that includes three commercial buildings totaling 43,976 square feet, located at 33272, 33302, and 33332 Valle Road (Attachment 1). There are certain offsite and onsite water and sewer improvements associated with this development,which include public water improvements for the construction of an 8-inch water main, three (3) 8-inch fire services, four (4) commercial fire hydrants, five (5) 2-inch domestic water services, and one (1) 2-inch irrigation service. In addition to the public water improvements, the developer also constructed public sewer facilities. The developer paid for the construction of all water and sewer improvements. The surety for the public water improvements has been retained until the one-year warranty period has been completed, and the surety for the public sewer improvements have been released in association with closing out the encroachment permit for said improvement. All public water and sewer improvements constructed for the subject property were inspected, tested, and completed to the satisfaction of the Water Engineering Manager and the City Engineer, as well as completion of the one-year warranty period, which ended on June 20, 2007. The water and sewer easements necessary for the acceptance of the public water and sewer improvements are shown as dedicated to the City on the approval of the Final Tract Map 16678. Staff recommends the acceptance of public water and sewer improvements from Valle Ranch, LLC, and the release of the corresponding surety. Agenda Report August 21, 2007 Page 2 BACKGROUND: The water and sewer easements along with the water rights were reviewed and accepted by the City Council on December 6, 2005. The Developer agreed to construct the public water and sewer facilities and the City Council reviewed and approved the"Agreement for the Construction of Water and Sewer Facilities" on March 7, 2006. COMMISIONIBOARD REVIEW, RECOMMENDATIONS: The project has been previously reviewed and approved by the Environmental Administrator, Design Review Committee, Planning Commission, and City Council. FINANCIAL CONSIDERATIONS: No financial impact. All applicable development fees have been paid. NOTIFICATIONS: Valle Ranch, LLC. Development Resources Consultants, Inc. RECOMMENDATION: By motion, 1. Adopt a Resolution accepting dedication of public water and sewer facilities from Valle Ranch, LLC, a Delaware Limited Liability Company; and, 2. Authorize release of the surety; and, 3. Direct the City Clerk to process recording of the Notice of Completion. Respectfully submitted: Prepared by, & kuojt� (�, --� 14---- Cindy R sell, Craig L. Harris Interim Public Works Director Assistant Engineer Attachments: 1. Location Map 2. Resolution 3. Notice of Completion 4. OF SAN JUAN CAPISTRANO L PRO�ECT LOCATION 0 3000 6000 9000 Feet ATTACHMENTI p � RESOLUTION NO. 07-08-21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ACCEPTING PUBLIC WATERAND SEWER FACILITIES, RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (VALLE RANCH, LLC — TRACT 16678) WHEREAS, on December 6, 2005, the City Council of the City of San Juan Capistrano approved the Final Tract map 16678 with Valle Ranch, LLC, a Delaware Limited Liability Company, for the approval of the land subdivision, acceptance of the required public water and sewer easements, and acceptance of the water rights within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, on March 7, 2006, the City Council of the City of San Juan Capistrano entered into a Agreement for Construction of Water and Sewer Facilities with Valle Ranch, LLC, a Delaware Limited Liability Company,for the construction of certain public water and sewer improvements within the real properties located in Tract 16678, San Juan Capistrano; and, WHEREAS, the public water and sewer improvements were constructed in compliance with City water and sewer standards and specifications; and, WHEREAS, the one-year warranty period has been successfully completed,and the corresponding surety bond may be released; and, WHEREAS, the owners of said real property have, upon request by the City, dedicated the necessary water and sewer easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on August 21, 2007, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. The public water and sewer improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Valle Ranch, LLC, a Delaware Limited Liability Company. SECTION 3. The City Clerk is directed to forthwith-forward a "Notice of Completion" to the Orange County Recorder's Office for recordation. Page 1 of 2 8121/2007 SECTION 4. The City Clerk is hereby authorized to release the surety bonds. PASSED, APPROVED, AND ADOPTED this 215`day of August 2007 M ALLffVkTU, M'AycVR ATTEST: MAR rR. ONAHAN, T CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,do hereby certify that the foregoing Resolution No.07-08-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 215` day of August 2007, by the following vote: AYES: C� N61- MEMBERS: Nielsen, Uso, Hribar, Soto and Mayor Allevato NOES: 4V N IL MEMBER: None ABSENT: -f�q NCIL MEMBER: None MARGXR€r . IONA N, ICity derk \ J Page 2 of 2 8/21/2007 • RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Valle Ranch, LLC, d Delaware Limited Liability Company, 3 Park Plaza, Suite 1490, Irvine, CA, 92614-8588 for the construction of the public water and sewer improvements for Tract 16678, San Juan Capistrano, CA. That said work was completed on June 20, 2006, by said company according to plans and specifications and to the satisfaction of the Public Works Director and the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21't day of August, 2007, by Resolution No. 07-08-21- That upon said contract, Arch Insurance Company, Bond No. SU 1014046 was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this day of 2007. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penalty of perjurythat the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this day of 12007. Margaret R. Monahan, City Clerk City of San Juan Capistrano J1O" � �. 32400 PASEO ADELAN70 MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i% SAM TO IA[AAAORRtER (949)493-1171 THOMAS W HR IBAR (949)493-10$3 FAX VVV 6iRUISHO 1961 MARK NIELSEN wwls.sanjuancapistrano.org 1776 SDE SOTO • • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on Tuesday, August 21, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC)(Tract 16678)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, August 20, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Craig L. Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Valle Ranch, LLC.; Development Resources Consultants, Inc.; Cindy Russell, Acting Public Works Director; Craig L. Harris, Assistant Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �, Panted on 1000/,recycled paper 32400 PASEO ADEUANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (948)493-1171 /,y'✓ SAM TO (949)493.1053 FAX j.9 iAtOAvo AAtE4 THOMAASSWW..HRIBAR Es Ti776m )961 MARK SOTOLSEN wwwsanl uancaP istrano.org 0 DR.LONDRES USO August 23, 2007 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On August 21, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Acceptance of Public Water and Sewer Facilities (Valle Ranch, LLC)(Tract 16678)" Item No. 137. The following action was taken at the meeting: Resolution No. 07-08-21-02 adopted accepting dedication of public water and sewer facilities from Valle Ranch, LLC; authorize the release of the surety; and the City Clerk directed to process recording of the Notice of Completion. If you have any questions regarding this action, please contact Craig L. Harris, Assistant Engineer at (949) 487-4305 for more detailed information. Thank you, � V Me on han, MMC C y Clerk Cc: Valle Ranch, LLC.; Development Resources Consultants, Inc.; Cindy Russell, Acting Public Works Director; Craig L. Harris, Assistant Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �K Panted on 100%recycled paper • CITY CLERK'S DEPARTMENT-ACTION REMINDER TO: Craig Harris, Assistant Engineer �' cz�sry�aresod , F�m�N 54'�C• FROM: DATE: February 15, 2008 SITUATION: At the March 7, 2006 meeting of the San Juan Capistrano City Council an agreement with California, Valle Ranch, LLC was approved for sewer and water facilities. Agreement shall terminate by March 7, 2008 ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: 1 XC C. P�`\ A-0t.'�,pl 1,.�G c.^ fn..,c� c-cr-`/ Cn C��. 1 t,r 6Ir 817-</67 et r .— DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: �Y —T DATE SIGNED: 2-'2S O b ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 02/15/08 Deadline Date: 03/07/08 cc: (600.30/ValleRanch) offl�• 32400 PASEO ADELANTO i% f� J� A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i� Il[�� I,LW2 SAMASW.TO (849)493-1171 1.FyY" IAfOnopnf0 THOMAS W.HRIBAR (949)493-1053 FAX • tSIpIIISX[A 1961 MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO DR.LONDRES USO August 23, 2007 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion (Valle Ranch, LLC) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thankyou for your assistance. l ) �LL � Ve tru�y�ours t Postal 1v1aNa MAIL RECEIPT ' (�Aity is � DDeputy Clerk " o (Domestic Mail Only;No Insurance Coverage Provided) C3 ru Y a Ln Cc: Craig L. Harris, Assistant Engineer o Poslage $ vp - R-Io Certified Fee can rl Pose. C3 RReceipt Fee Hare C3 (Endorsement Required) O Restdcted Delivery fee O (Entlorsement Re qui red) rij rrU Total Postage&Fees $ 5 O Sent To r G- f=.ek R�c_oKD� -_G..v.N RI_aztaNL C:) Sireei,WK 1W,-•--------------------------- OM1 or PO Box No. _7)Q .._2 (:1..................................... p,;Smte.21PW SM NNvl' cR O San Juan Capistrano: Preserving the Past to Enhance the Future CIO Printed on 100%recycled paper JVA10 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)493-1171 /,y DAM E BATHTO (949)493-1053 Pau • fy Ifrt0Al0APi[0 DIANE HART www.sanjuancapistrano.org 1776 �oEsoro DAVID M.SWERDLIN March 31, 2006 George E. Peterson Valle Ranch, LLC 3 Park Plaza, Suite 1490 Irvine, CA 92614 Dear Mr. Peterson: A fully executed, original Agreement for Construction of Sewer and Water Facilities for Tract 16678 is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop. You may proceed with work under this agreement in coordination with the project manager, Craig arris, Assistant Engineer (949) 443-4305. Th u ria G ev a Deputy ity lerk cc: Craig Harris, Assistant Engineer Kathleen Springer, Acting Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future tJ Pnnletl on recycle0 paper