1993-0517_TORREAL INVESTMENTS_Agreement0
RECORDED AT�THE REQUEST OF
AND RETURN O:
City of San
City Clerk'
32400 Paseo
San Juan Ca
NOTICE IS H
Capistrano,
Corporation
subdivider
following t
Juan Capistrano
Department
Adelanto
istrano, CA 92675
83-214483 0
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
�
Lary An anover, City Clerk
City of San Juan Capistrano, CA
NOTICE OF COMPLETION EXEMP
T I
C13
REBY GIVEN that the agreement between the City of San Juan
California, and Torreal Investments, now owned by Arrojado
707 Wilshire Boulevard, Los Angeles, California, 90017,
f Tract 11086, requires the subdivider to complete the
wit:
TRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
TRACT 11086 IN THE CITY OF SAN JUAN CAPISTRANO
That said w rk was completed by said subdivider according to plans and
specificati ns and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Counci of the City of San Juan Capistrano, at a regular meeting
thereof held on the 17 day of May 1983 , by Resolution
No. 83-5417-2
That upon slid agreement the Developers Insurance Company was surety
for the bon s given by the said subdivider.
Dated at Sa Juan Capistrano, California, this 18 day of
May , 1983.
STATE OF CALIFORNIA )
COUNTY OF O NGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was
duly and re ularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at Sar) Juan Capistrano this
IN OFFICi
COUNTY,
PM MAY 2 0 '83
18 day of May 1983•
Mary Amann 4�y,anover, 'City Clerk of
the City,6f San Juan Capistrano
'Mary
An
anove
, City Clerk of
the
City
of San
Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF O NGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was
duly and re ularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at Sar) Juan Capistrano this
IN OFFICi
COUNTY,
PM MAY 2 0 '83
18 day of May 1983•
Mary Amann 4�y,anover, 'City Clerk of
the City,6f San Juan Capistrano
f
Office the City Clerk
32400 4o Adelanto DOCU= Y TRANF^ER TAR -NO TAR DUE
San Ju a:. Capistrano, CA. 92675
2 %L�L1P c
Mary An anover., City Clerk
San Juan Capistrano, California
AGREEMENT FOR PARTICIPATION
IN CONSTRUCTION OF PUBLIC IMPROVEMENTS
CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT made and entered into this 1st day of '
October , 1980, by and between the City o.` Safi Juan -
Cap>_strano, hereinafter designated as "CITY", and Toreal (Ontario)
Investments Inc., an Ontario corporation, hereinafter called "DEVELOPER".
W I T N E S S E T H:
'WHEREAS, CITY desir_s to improve Camino del Avion as a
cooperative project with the County of Orange through Project No.
1022 of said County's Arterial Highway Financing Program. (A_HFP); and
WHEREAS, DEVELOPER desires to subdivide that certain pro- -
perty designated as Tract 11086 by CITY; and
WHEREAS, as a condition of approval of Tentative Tract
No. 11056, DEVELOPER, is obligated to construct -certain improvements
on Camino del Avion as delineated on Exhibit "A" attached hereto; and
WHEREAS, DEVELOPER and CITY agree that it will be mutually
beneficial to cause the aforesaid improvements to be constructed
through a single contract. --
NOD:, THEREFORE, CITY and DEVELOPER AGREE THAT:
1. CITY's Engineer shall estimate the cost of constructing
the improvements set forth in Exhibit "A"; such estimate shall in-
clude, among other things, costs of engineering administration,
survey and a ten percent contingency reserve.
2. DEVELOPER shall, prior to approval of its Final Map for
Tract No. 11096, provide a surety or guaranty, acceptable to CITY's
Engineer, bonding the construction of the aforesaid improvements.
3. Upon award of contract by the CITY the orerated contract
costs allocable to DE1,ELCPER shall be calculated from the successful
bidder's unit costs, and DEVELOPER shall, within thirty days pay
CITY the amount specified, whereupon the surety or guaranty will be
released.
�4. If the aforesaid construction contract is successfully
,awarded by CITY, payment by DEVELOPER shall constitute fulfillment
of DEVELOPER's obligations to construct the improvements set forth
in Exhibit "A". If, on the other hand, CITY is unable, for whatever
reason, to let the contract, DEVELOPER's obligations to construct
the southerly one-half of Camino del Avion shall remain as origina-'-v
imposed; (the cash deposit will, however, be refunded within thirty
days after award of contract).
?RF
F SAN J 11`! PIATTEST:
SDORFERALF'RY A:![ ANOVcR, CITY CLERK
(ONTAPPROVED AS TO FORM:��:,� ,.,, �..•._,�:.�_
Gerald efsky, Pr s
�JJiilES S. OKAZA:fI, IT'l ATTOP.NEY /v//
(ALL SIGNATURES MUST BE PROPERLY NOTAP.IZED)
INC.,
Secty.
Rut
1
2
3
4
5
6
7
8
9
10
11
12
13
14
C -I
0
EXHIBIT "A"
ESTIZATE OF IMPROVEMENTS
CAL`41NO DEL AVION - TRACT 11036~
ITEM
Curb & Gutter
Sidewalk
Asphalt Concrete
Aggregate Base
Street L ght
Cross Gu ter
Catch Ba in.
18" R.C.
36" R.C. .
Concrete Drive Approach
Street S gns
Relocate E%isting Guy Pole
Clear & Grub
Type V J nction Structure
QUANTITY UNIT
790
L.F.
$ 7.50
3,400
S.F.
1.75
855
T
40.00
2,992
T
10.00
2
EA.
2,500.00
1
EA.
1,500.00
2
EA.
2,500.00
64
L.F.
40.00
245
L.F.
70.00
175
S.F.
2.00
3
EA.
125.00
L.S.
500.00
L.S.
12,000.00
1
EA.
3,000.00
Sub -Total
10%
Contingency
Administration 3%
Surveying & Engineering 110
TOTAL
TOTAL
COST
$ 5,925.00
5,950.00
34,200.00
29,920.00
5,000.00
1,500.00
5,000.00
2,560.00
17,150.00
350.00
375.00
500.00
12,000.00
3,000.00
$123,430.00
12,343.00
4,070.00
14,930.00
$154,773.00
Arroj
707 W
Los A
Gen
M
SAN J
Corporation
hire Boulevard
les, California
May 31, 1983
90017
Re: Completion of Public Improvements and
Release of Surety, Tract 11086
Enclosed is a dopy of Resolution No. 83-5-17-2, which
was adopted by the City Council at their meeting of May 17, 1983.
The Resolution accepts the work completed for the construction of
public improvements in Tract 11086, with the exception of the
Alipaz Storm Drain. Surety in the amount of $135,046 has been
posted with the City to insure construction of the storm drain.
The Council took action to extend the Faithful
Perfor ance Surety No. 100712, in the amount of $280,000, from
Developers Insurance Company, to May 17, 1984. Staff was
authorized to release the following sureties from Developers
Insurance Company, 35 days after recording of the Notice of
Completion:
Labor & Materials No. 100712, in the amount of $280,000;
Faithful Performance (private) No. 100713, in the amount of
$242,000; and,
M numentation No. 100714, in the amount of $7,000.
The Noice was recorded on May 20, 1983; therefore, the bonds may
be rel ased on June 24, 1983.
Very truly yours,
MARY ANN HANOVER, CMC
City Clerk
MAH/cj
Enclo
cc: Director of Public Works
r
9. RES LUTION, NOTICE OF COMPLETION, RELEASE OF SURETY - \
Tdelyed
1086 (TRI -S HOMES)
38) lic improvements in Tract 11086 have been completed
85) e exception of the off-site storm drain, which was
pending County authorization and approval; surety in
unt of $135,046 has been posted to insure
ction of the Alipaz Storm Drain, as set forth in the
dated May 17, 1983, from the Director of Public
Acc tance of Work:
The following Resolution was adopted:
RESOLUTION NO. 83-5-17-2. COMPLETION OF PUBLIC
1IviYnVVZITILLVIJ - 1nl11.1 llvao (I'VnnBtfL
INVESTMENTS/ARROJADO CORPORATION) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 11086
(TORREAL INVESTMENTS/ARROJADO CORPORATION)
The Resolution accepts the public improvements as complete
with the exception of the Alipaz Storm Drain and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Surety:
The following bonds from Developers Insurance Company are to
be released 35 days after recordation of the Notice of
Com letion:
Bond Number Amount
Labor and Materials 100712 $280,000
Faithful Performance 100713 242,000
(private)
Monumentation 100714 7,000
The following bond from Developers Insurance Company was
extended to May 17, 1984, and authorization for release was
granted following the one-year maintenance period:
Faithful Performance 100712 $280,000
(public)
0
ITEM May 17, 1983
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
Resolution, Notice of Completion, Release of Surety
and Acceptance of New Surety, Tract 11086, Alipaz
Street (Tri -S Homes)
SITUA$ION
The developer of the subject tract has requested that the City
accept the public improvements and release the corresponding
surety. The developer has completed all required improvements
except the off-site storm drain which was delayed pending County
authorization and approval. The developer has posted surety in
the amount of $135,046 to insure the construction of the storm
drain. The City construction inspector has accepted all other
public improvements. The current surety for this tract are:
Surety
Number
100712
Amount
$280,000
Company
Developers Ins.
Purpose
Co. Faithful Performance
Bond
Bond
100712
$280,000
Labor & Materials
Bond
100713
$242,000
Faithful Performance
(Private)
Bond
100714
$ 7,000
Monumentation
FINANCIAL CONSIDERATIONS
There are no costs or compensation to the City by this action.
1. Acicept the public improvements.
2. Donot accept the public improvements.
3. Reguest further information from staff.
By resolution, determine that the work resulting from Tract 11086
has been completed, with the exception of the Alipaz Storm Drain,
and declare the work to be accepted. Direct that within ten days
from the date of acceptance a Notice of Completion be filed with
the Orange County Recorder. By motion, require an extension of the
Faithful Performance Surety for public improvements to May 17, 1984;
authorize staff to exonerate the Labor and Materials, Private
Faithf 1 Performance and Monumentation sureties upon the expiration
of thi ty-five days from filing of the Notice of Completion. Author-
ize st ff to release the Faithful Performance surety after one year
mainte ance period.
W. Durpfiy/ %qR CITY COUNCIL AGENDA
WDM :CM /rem
0 0
RESOLUTION NO.83-5-17-2
COMPLETION OF PUBLIC IMPROVEMENTS -
TRACT 11086 (TORREAL INVESTMENTS/
ARROJADO CORPORATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS - TRACT 11086 (TORREAL
INVESTMENTS/ARROJADO CORPORATION)
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with Torreal Investments for the construction
of public improvements in Tract 11086; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San
Juan apistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said subdivider has been completed, with the exception of the
Alipaz Storm Drain.
SECTION 2. That the work with the exception of the
Alipaz Storm Drain is hereby accepted and approved.
SECTION 3. It is further ordered that a "Notice of
Compl tion" be recorded, on behalf of the City, in the office of
the C unty Recorder of the County of Orange within ten (10) days
of th date of this Resolution.
PASSED, APPROVED AND ADOPTED this 17 day of
1983 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT:None /
ANTHONY X. BLAND, MAYOR
I
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