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1987-0707_WARMINGTON SAN JUAN ASSOCIATES, L.P._AgreementRECORDED 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 Cheryl Johns City erk San Juan Capistrano, CA Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19960259496 1:59pm 05/23/96 005 20003454 20 54 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano and Warmington San Juan Associates, c/o Warmington Homes, 3090 Pullman, Costa Mesa, CA 92626, Developer of Tracts 12633 and 13027, requiries the Developer to complete the following, to wit: Construction of private street and setting survey monumentation in conjunction with Tracts 12633 and 13027 in the City of San Juan Capistrano That said work was completed by said Developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21 st day of May, 1996, by Resolution That upon said agreement, Insurance Company of the West was surety for the bonds given by the said company as required by law for the private street improvement work and setting of monumentation in the amount of $35,767 for Tract 12633 and $65,158 for Tract 13027. //,, Dated at San Juan Capistrano, California, this P?a%2d - day of 1142a 1996. Cheryl Johnso, Cityperk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this Z,?-/Ld— day of 1996. Cheryl Johnsoity C6A City of San Jug( apistrano • RECORDING REQUESTED BY: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan, Capistrano, CA 92675 0 DOC # 93-0681057 06—OCT-1993 03:59 rz-M Recorded in Official Records of Orange County, California 1 A lr. L., " .. J tee e. Df d;r•_i1, LUMILY n6Crjrjer Laa3e i of 8 Fees. $ 1G, vd Tax: $ Cl Ad., PROJECT: Final Map, Tract 13027 ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT The undersigned, Dividend Development Corporation, a California corporation ("Dividend"), hereby assigns to Warmington San Juan Associates, a California limited partnership, all of its right, title and interest in and to that certain Subdivision Improvement Agreement between Dividend as "DEVELOPER" and the City of San Juan Capistrano, a municipal corporation, as "CITY", a copy of which is attached hereto as Exhibit A and which was recorded on August 11, 1987 as Instrument No. 87-455936 in the Official Records of the County Recorder of Orange County, California. DIVIDEND DEVELOPMENT CORPORATION, a California corporation By: , vzz_� Name: izv-&k r 0 (;_ Ouuarz' Title: -,¢-J P This Assignment is hereby accepted by Warmington San Juan Associates, a California limited partnership ("Warmington"), and Warmington hereby assumes for the benefit of City and Dividend all of the obligations of Developer under the Subdivision Improvement Agreement. t WARMINGTON SAN JUAN ASSOCIATES, a California limited partnership By: Warmington Homes, general partner By: Name . Edgcomb Title: Vice President • State of California County of Santa Clara On May 24, 1993, before me, Becca Romish, personally appeared Richard B. Oliver personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal C-.. State of California County of Orange SECCA ROMLSH COMM. ! 976014 �� Notary Public — CaAfornia SANTACL11 Z COUNIV Comm. Expires OCT 25. 1996 On June 7, 1993, before me, Saundra Rantz, personally appeared L. J. Edgcomb personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. SAUNDRA RANTZ "VY Pais SCaliifforr" a DRANW CMMTY fEi ftrrwrLt."Exµ &IM 9 10 This assignment was approved by the City o San Juan Capistrano pursuant to a resolution of the City Council passed on 4— f%— 9-S , and, from and after the date of approval, Dividend is relieved of any obligations to the City under the Subdivision Improvement Agreement. CITY OF SAN J ISTRANO BY: Jones, Mayor ATTEST: BY: Cheryl Jo son, City Clerk APPROVED AS TO FORM: BY: -: _A11Qq1AA Aiard K. Den alter City Attorney VIA 6173 State of C A Lr I F0 KN I County of 0 R k /,j ; L On SCP�YY1�' K 8,1RFL3 before me, KC-Gi A, 4- tj 6L6} uKENtfA2✓ No-rr�y Pu6u'C DATE NAME, TITLE OF OFFICER-E.G.,'JANE E, NOTARY PUBLIC' personally appeared ❑ personally known to me - OR - OFFEKL SEUL REGINA M. BLANKENHORN m NOTARY P119LIC CALIFORNIA ORANGE COUNTY MY COMM. EXPIRES OCT. 11,1991 NAME(S) OF SIGNER(S) d to me on the basis of satisfactory evidence to be the person(,%Kwhose names/are subscribed to the within instrument and ac- knowledged to me that he/sho,4 iay executed the same in his/he4#E eir authorized capacity(iee), and that by his/herftheir signature(e) on the instrument the person(s , or the entity upon behalf of wh ich the person(Sl)' acted, executed the instrument. OF NO AHY CAPACITY CLAIMED BY SIGNER DIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) O(CR'ENTRY(IES) Pin -Y ,' �)h l9 /",- ATTENTION NOTARY: Although the information regd'ested beld' is OPTIONAL, it c uld prevent fraudulent attachment of this cenificat to unauthorized document. Title or Type THIS CERTIFICATE e of Document jl kl' 'LLAT {1(`p� eXVXF MUST BE ATTACHED es Number of Pa TO THE DOCUMENT g Date of D cument , DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ®1991 NATIONAI Nr1TGRV eC6lV`IATIMI. am o-.n..w e..e .0n e.... T,Ae. Pe....e a -a cA QIm 7iu A. Outy copy" 81-455936 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EXEM T C14 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 MARY ANN ANOVER, City Clerk San Juan pistrano, California PROJECT: Tract 13027 SUBDIVISION 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 Dividend Development Corporation, a California corporation, hereinafter called the "DEVELOPER", whose mailing address is: Dividend Development Corporation Southern California Division 3252 Holiday Court, Suite 202 La Jolla, California 92037 WITNESSETH: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA ,p• 115' PM AUG 11 '87 COUNTY RECORDER WHEREAS, the CITY has conditionally approved Tentative Tract No. 12633 per Resolution 86-6-17-4; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements up to 2 years after the CITY's approval of the Final Map; and WHEREAS, in consideration of the CLTY'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 Tentative Tract No. 12633 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 13027 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. In addition to the improvements for this tract, it shall be the responsibility of this developer to insure that all improvements and conditions are satisfied for Tentative Tract 12633 as noted on the Improvement Agreement for Tract No. 13025. 4, i 87-455936 PRCWT Tract 13027 Developer shall comply with all studies and conditions as they apply to this tract within the Improvement Agreement for Tract No. 13025. Fees: Paid prior to approval of the Final Map: A. Drainage - Developer to construct all drainage requirements for Tentative Tract 12633 as a condition of the required drainage fees. B. Water - Required water fees from Capistrano Valley Water District. C. Plan Check and Inspection for Public Improvements - Developer to pay cost that reflects actual City cost. Deposit to be posted as estimated by the City Engineer. D. Parks and Recreation - Fees have been satisfied by Tract No. 13025. Deferred to the Building Permit: A. Sewer - Standard Fee B. Agriculture Preservation - Satisfied by Dedication of Land C. Transportation Corridor - Standard Fee D. School - Standard Fee E. Systems Development - Standard Fee. These fees will be applied to "participation/reimbursement" obligations of the City and in effect credited towards the reimbursement and participation obligations of the City on this project. 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 City 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, 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. .. 2: 3. 4, i 87-455936 PRCWT Tract 13027 Developer shall comply with all studies and conditions as they apply to this tract within the Improvement Agreement for Tract No. 13025. Fees: Paid prior to approval of the Final Map: A. Drainage - Developer to construct all drainage requirements for Tentative Tract 12633 as a condition of the required drainage fees. B. Water - Required water fees from Capistrano Valley Water District. C. Plan Check and Inspection for Public Improvements - Developer to pay cost that reflects actual City cost. Deposit to be posted as estimated by the City Engineer. D. Parks and Recreation - Fees have been satisfied by Tract No. 13025. Deferred to the Building Permit: A. Sewer - Standard Fee B. Agriculture Preservation - Satisfied by Dedication of Land C. Transportation Corridor - Standard Fee D. School - Standard Fee E. Systems Development - Standard Fee. These fees will be applied to "participation/reimbursement" obligations of the City and in effect credited towards the reimbursement and participation obligations of the City on this project. 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 City 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, 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. PROAT Tract 13027 87-455936 5. 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 for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the developer from the faithful performance of this agreement. 6. Completion Date A. Developer agrees to complete all of said work and improvements and to pay all costs specified herein within a period of 2 years 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. 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. 7. 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. 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. PRO* Tract 13027 87-455936 8. 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 his expense any defects in said work. 9, 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. 10, 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 13027 until July 7, 1989. IN WITNESS WHEREOF, the parties have executed this agreement as of July 7, 1987 Date ATTEST: MARY ANNYNOVER, CITY CLERK CITY OF SAN JUAN CAPISTRANO UK APPROVED AS TO FORM: BY JOHN I SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF K KAP On this � In the 19 8z day o1 Y before me, the undersigned, a Nota Public In and for said State, personally appeared I(1AL SEAL " Fei ISATti' LEN A_ B IIAH NG E �� ',I �pIg4 YCUtiLIG-CAI ItOHNi� V � SnN olEGO CGUIui� N ' w ACKN0W1EDGMENT—Corro,,ion—W0I=S Form 222Cb%—Kt+. = Bt 11962 WOLOOTTS. INC. (P'N<tuu/4) CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange 87-455936 OFFICIAL SEAL CHERYL A JOHNSON m NOTARY PULLiC - CALIFORNIA COUNTY My comm. expires NOV 11, 1989 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and offic ia lseat. Notary Public in and for saidatSf e. NO. 102 On this the 7th day of July 1981_ before me, Cheryl A. Johnson the undersigned Notary Public, personally appeared L. Bland and Mary Ann.Hanover ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. -Mayor and Cit Clerk munic a Y or behalf of the/a(pnIra i�n herein munici named, and acknowledged to me that the%orporatibn executed it. JVAN* �/ ` IA[OAIOIIAIIO mNuteG 1961 1776 May 31, 1996 Mr. James W. Skinner Warmington Homes 3090 Pullman Costa Mesa, California 92626 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CRY MANAGER GEORGE SCARBOROUGH Re: Release of Private Street Improvement and Monumentation Bonds (Tracts 12633/13027) Dear Mr. Skinner: Per City Council action of May 21, 1996, the following bonds are hereby released: BOND NO, PURPOSE AMOUNT Statutory Performance Private Improvements $55,498 126 98 28 Tract 13027 Monumentation Tract 13027 $ 9,660 126 98 27 Statutory Performance Private Improvements $28,207 126 98 26 Tract 12633 Monumentation Tract 12633 $ 7,560 126 98 25 Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director of Engineering & Building Sam Shoucair, Senior Engineer Insurance Company of the West 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 0 I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Statutory Performance Bond No. 1269828, dated August 2, 1993, in the amount of $55,498 and regarding Private Improvements per Subdivision Agreement Tract 13027 (Warmington San Juan Associates). 2. Monumentation Bond No. 1269827, dated August 2, 1993 in the amount of $9,660 and regarding Subdivision Agreement Tract 13027 (Warmington San Juan Associates). (SEAL) 10d UJA DAWN M. SCAANDERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 31 st day of May, 1996. FRELEASED D/'eI I �/nZ C1(? STATUTORY PERFORMANCE BOND BOND NO. 126 98 28 INITIA PREMIUM $ 666 KNOW ALL BY PRESENTS, that WARMINGTON SAN JUAN ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of FIFTY-FIVE THOUSAND FOUR HUNDRED NINETY-EIGHT******* Dollars ($55,498.00******) for payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: PRIVATE IMPROVEMENTS TRACT NO. 13027 NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, al'1 to be taxed as coats and included ir. any judgmant rendered. 2. Said Surety, for value received, herabv stipulates and agrees that no change, extension of time, alteration, or modification Of statutory obligation, or of the work to be parfors,eC thereunder, shall in env way a`_frct it: c�lications or ..his bond, and '_t does hereby waive notice of any such chance, extension of time, altarationa, or modifications, or of thcl work, to be performed thereunder. Executed this 2 day of AUGUST 19 93 at SACRAMENTO , California. PRiNCIPKL WARMINGTON SAN JUAN ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: WAAIN?'O HOMES, GEN. PRTNR. Bp A9PP.0�.D 1.S TO £OR*:. �bhn R. Shaw SU IL n_' INSURANCE COMPANY OF THE WEST_ ^c _ -_tiG RTT.T.Y (7. RARfAN l 0 State of California County of Orange E On August 3, 1993, before me, Saundra Rantz, personally appeared L.J. Edgcomb personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. SA: MI WITNESS my hand and officiaA seal.ORUM elm a eon�Y xe My CamnilrlM i�. MIM 00 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of CALIFORNIA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: BILLY G. BERGAN Its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizences or other written obligations In the nature thereof. This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the 16th day of AUGUST, 1991, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings, and all contracts of suretyship: and that a Vice President, an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. FURTHER RESOLVED, that the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an authorized officer of the Company." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 9th day of June 1993 �4tcowr�xr°fr INSURANCE COMPANY OF THE WEST d > \MG°�t°R�rEO 4 ' �A'x t,�m r STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' 4�:owns n L. Hannum, Senior Vice President On this 9th day of June 1993 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. NORMA Ii PORTER COMM./952644 J ' Notary MM.#-Ccllf4N FAN DIEGO COUNTY STATE OF CALIFORNIASS M1'comm. expires JAN 14.1996 COUNTY OF SAN DIEGO Notary Public 1, the undersigned, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I haveh�[$gyr�to subscribed my name,,a5 Vice President, and affixed the Corporate Seal of the Corporation, this 2ND day of MIF 19 Y3 +vac°ansr°r,J INSURANCE COMPANY OF THE WEST � sr, °+�s°cocoa E. Harned Davis Vice President ICW CAL 37 0 0 _U-PUR.005E ACKNOWLEDGMENT State of California } County ofSarrnmpntn )`( On AUGUST 2. 1993 before me, tudyTMa�pI I DA i i Personally aDDs red Billy G. Bergan ❑ personauy known to ms NAN_i$i �� $Ivli<F.1$i OR - ED�CNCved to me on 1he basis of sal)sfacl0ry ev)dence to be the person(s) v:hose names) ISlare subs Cflbed t0 the within instrument and aC- knowiedoed is rile tnat he!sheiihey executed the same in his/her/their authorized T Judy L. Maxwell ; capacity(ies), and that by his/her/their VIr Comm. A954550 O sioneture(51 on the irs;n;ment the parson(s), y OTAfri PM 0 - Oi the 2ntit}' L'pon belhalf Oi WnlCtl iil6 Dersonts) 8ACMIAENTo COUNTY CALIFORNIA, MY Comm. FLIM Feb.29, 1995'• 2Cted, executed the instrument, Witness my hand 2nd official ssal. cr CAPACITY CLAIMED EY S)GN_R INDIVIDUAL(S) ❑ CORPORATE OFFICER(s) 0 PAR i NER(S) Ai , ORNEY-IN-FACT TRUSTEES) [,, SU:SCR!BING V4 NESS -M GUARDIANICONSERVATOR OTHER: S!GNER IS R EPIR E S H K T 1NG: Nmol C; FER=CKISi pR ENTITI'p E9 Insurance Company of The West A7TE1.41oN t:. 14R?': A0.novpn :'.e ,nlo: ratior.:aGuestse vs,o.. le OP'GiinL. i' rdS ; raven: -s: :.qtr.: zaacnmen; u, ;nis cel :.cs;a ,o unau;.^.Deno HIS CER, IFICATE Title or I ype ct Document gown N,UST BEA (I .ACHEDB-2-93 TO THE DOCUMENT Number c` Paces Dave of Document DESGR: ._ED AT RIG_,.—, SIcner(s) tither ?;:an Tamed Above 'RELEASED 0 9 OATS INITIALS BOND NO. 126 98 27 PREMIUM $ 116 KNOW ALL MEN BY THESE PRESENTS, that WARMINGTON SAN JUAN ASSOCIATES L.P. , A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount Of NINE THOUSAND SIX HUNDRED AND SIXTY*************** Dollars (S 9,660.00******) for payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: MONUMENTATION TRACT NO. 13027*************************** NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall.remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City Sa ru,cessfully enforcing such oblisation, a:l to be axed as coats and included in any �udgmant raadered. 2. Said Surety, for value received, hereby stipulates and asreas that no change, extension of time, alteration, o: modification of statutory obligation, or of :..tie work. to be perfornad thereunder, ahall in any way affect it" cblioations or this bond, and it does hereby waive notice of any such chance, extansion of time, alterations, or = dificetions, or o: tho work to be performed thereunder. txwcuted this 2 day of AUGUST SACRAMENTO t ;PPRO = KS 70 FORK. 4hn 'r,. Shaw di%ty ;,ttornc;. I California. 19 93 , at pplNClpx, WARMINGTON SAN JUAN ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: WARMGT%V HOMES, GEN. PRTNR. of (NCT: _F.:ZA'::ON hhD Sr) INSURANCE COMPANY OF THE WEST 'tet tle BTLj,Y G RGA DRAT . TT: FA 'I (Kn^nP.::k'::02: YL S State of California County of Orange On August 3, 1993, before me, Saundra Rantz, personally appeared L.J. Edgcomb personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an offici seal. SAS R L N01MYCOMMOWW"MI r+ou.y►wbCwMnr UM MOnMNE �: Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of CALIFORNIA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: BILLY G. BERGAN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the 16th day of AUGUST, 1991, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings, and all contracts of suretyship: and that a Vice President, an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. FURTHER RESOLVED, that the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an authorized officer of the Company.' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 9th day of June 1993 ��`tpoVPAMy pelf INSURANCE COMPANY OF THE WEST � ��pOArOxArrO 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' °A.soXN�" c/ n L. Hannum, Senior Vice President On this 9th day of June 1993 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who axecuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Sen Diego, the day and year first above written. NORMA PORTER fff�� COMM. 196266E 2 / I NotaryPublic-Colif�ml0 a SS My c FAN DIEGO COUNTY STATE OF CALIFORNIA �y"rt' oo�,m.expam JAN 14,1996 COUNTY OF SAN DIEGO Notary Public. I, the undersigned, E. Harried Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have her to subscribed my namei , Vice President, and affixed the Corporate Seal of the Corporation, this 2ND day of AUGUS'1 19 9 ICW CAL 37 INSURANCE COMPANY OF THE WEST cG"�rAxt �F '` ^ � +�pr,r00AIFp 4 r , WAIN 1. �� /J LIlFp40" ` E. Harried Davis Vice President ICW CAL 37 0 9 %U -PURPOSE ACKNOWLEDGMENT Staie o' California CAPACI I'Y CLAIMED BY Si, -3N -:-F E) INJIVIDUAL(S) CCUnty OI sacramentn CORPORATE On On AUGUST 2, 1993 before ne, Judy T MaxcaaTT DATE NAME, TITLE OF C:AC_A - `_Ci. •JOE DDE. NCTAFi FIR_!!' personally appeared Billy G. Bergan N--E:S; OF SIDNy FI$) personally known to me - OR . aProved to me on the bass of satisfactory evidence to be the personas) whose names) islare subscribed to the within instrument and zc- know•iedoed to me that he!s„e/they executed the same in his/her/their authorized M II - ti: 1h 1 OFFICE.R(5) Tr-E:S: ❑ PAR-IN_R(S) a t, IORNEY•IN-;AC7, ❑ TRUSTE E,S) SUeSCR:3ING WITNESS GUARDIAr,;CONSERVATOR OTHER: r Judy �. Sxwe � czpaClty(Ies), and ih<, by , Isr er tnelr U Comm. 5954550 sicnatures) on the irs;n;ment the person(s), TABY PUBLIC - CALIFORNIA^ 0 ,}. ,� ,, It •� ,Tc c,J Oi widen 1e DE.'s"'n(> CIJNCR IS RC>'PS.=J.". h1I Iii C: C SACRAMENTO COUNTY of the entil Uz)on oehc NAME G: FE0.i_NISI OF ENt1iYPc51 f My CSL E*m Feb, 29,1 acted. execUlHd the ins*,rU^:er-, Insurance Company of Witness my hand and Ct icial Eeal. The West t F:GNA-uaE Oc x: TAar A7 �EliilON FM1T4.FT: ::e mtmraLor. raq.e:sC taro- is O.^Teo iinL. is nv!' :'evar.: ::: uoultr., z-c,cnO*m c! 10 T ;RIS GERTIFICA T B T file Cr I yoe Ot ^OC:Jment BOND MUST BE A -i i ACHED1 Number 8-2-93 c. Faces Date o, Document TO THE DOCUMENT DESCR:=ED AT n!C..-. SlGner (s) Other 'Can Maned Above ' i AGENDA ITEM May 21, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Accepting Work of Improvements and Authorizing Release of Bonds and filing Notice of Completion, Tracts 12633 and 13027 (Warmington) RECOMMENDATION By motion, adopt the Resolution that 1) Accepts the street monumentation and the work of private street improvements within Tracts 12633 and 13027. 2) Authorize the release of the corresponding bonds within Tracts 12633 and 13027; and, 3) Authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation Warmington San Juan Associates is requesting the release of the remaining private street improvement bonds and the monumentation bonds in Tracts 12633 and 13027. All public and private improvements within the subject tracts are now complete to the satisfaction of the City Engineer and recommended for City acceptance and bond exoneration. B. Background In 1993, Warmington San Juan Associates purchased 120 buildable lots within Tracts 12633 and 13027 from Dividend Development Corporation. Dividend had completed all the required improvements with the exception of the placement of survey monuments and the final pavement cap to the private streets (which are usually completed after the homes are built). All Dividend's improvement work was previously accepted by the City and the corresponding bonds released/reduced accordingly. Warmington completed the remaining improvements and is now requesting the release of the remaining private street improvement and monumentation bonds associated with the subject two tracts. With the completion of the improvements as noted above, the acceptance and bond release is recommended. FUR CITY COiJ:�UIL ACE;'� 0 0 AGENDA ITEM May 21, 1996 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Warmington San Juan Associates (James W. Skinner) San Juan Creek HOA (Marlene Negohosian) ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. RECOMMENDATION By motion, adopt the Resolution that 1) Accepts the street monumentation and the work of private street improvements within Tracts 12633 and 13027. 2) Authorize the release of the corresponding bonds within Tracts 12633 and 13027; and, 3) Authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. Respec fully Submitted: 2� /, '�� William M. Huber, P.E. Director of Engineering & Building WMH/SS:ssg attachment: Resolution Notice of Completion 2 Assignments of Subdivision Agreement & corresponding Resolutions Location Map a:\agendas\5-21 warm. ss GAO/•. "n RESOLUTION NO. 96-5-21-3 1 U MLINK41 A;j 0 LIKIV Oo 10 '' 1 I 340 1 D191I'M 1A NY" .::u I l aft 0=10M I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR TRACTS 12633 AND 13027 (WARMINGTON SAN JUAN ASSOCIATES) WHEREAS, on the 3rd day of September, 1993, the City of San Juan Capistrano entered into two Assignment of Subdivision Improvement. Agreements with Warmington San Juan Associates for Tracts 12633 and 13027; and, WHEREAS, Warmington San Juan Associates has requested acceptance of the remaining work of improvement and release of the corresponding bonds listed below as follows: 1269826 Performance Bond for Private $28,207.00 Improvements within Tract 12633 1269825 Performance Bond for Monumentation $7,560.00 associated with Tract 12633 1269828 Performance Bond for Private $55,498.00 Improvements within Tract 13027 1269827 Performance Bond for Monumentation $9,660.00 associated with Tract 13027 WHEREAS, the Director of Engineering and Building/City Engineer has found the improvements to be in compliance with plans and specifications for Tracts 12633 and 13027 and therefore recommends exoneration of the sureties. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. 9 0 "Wilm That the sureties as outlined above may be released as noted. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 21st day of Mav , 1996. WYATT T, MAYOR ATTEST: CITY CLERK0�� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-5-21-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of May 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOFI� O , CITY CLERIC -2- 0 0 AGENDA ITEM December 5, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Accepting Work of Improvements and Authorizing Release of Bonds and filing Notice of Completion, Tracts 12633 and 13027 (Warmington) By motion, adopt the Resolution that 1) Accepts the street monumentation and the work of private street improvements within Tracts 12633 and 13027. 2) Authorize the release of the corresponding bonds within Tracts 12633 and 13027; and, 3) Authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation Warmington San Juan Associates is requesting the release of the remaining private street improvement bonds and the monumentation bonds in Tracts 12633 and 13027. All public and private improvements within the subject tracts are now complete to the satisfaction of the City Engineer and recommended for City acceptance and bond exoneration. B. Background In 1993, Warmington San Juan Associates purchased 120 buildable lots within Tracts 12633 and 13027 from Dividend Development Corporation. Dividend had completed all the required improvements with the exception of the placement of survey monuments and the final pavement cap to the private streets (which are usually completed after the homes are built). All Dividend's improvement work was previously accepted by the City and the corresponding bonds released/reduced accordingly. Warmington completed the remaining improvements and is now requesting the release of the remaining private street improvement and monumentation bonds associated with the subject two tracts. With the completion of the improvements as noted above, the acceptance and bond release is recommended. T) 4 FOR CITY COUNCIL AGENq�:.`� 9 0 AGENDA ITEM December 5, 1995 Page 2 COMMISSIONBOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Warmington San Juan Associates (Matt Tingler) San Juan Creek HOA (Marlene Negohosian) ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. RECOMMENDATION By motion, adopt the Resolution that 1) Accepts the street monumentation and the work of private street improvements within Tracts 12633 and 13027. 2) Authorize the release of the corresponding bonds within Tracts 12633 and 13027; and, 3) Authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. Respectfully Submitted: W� r Director of Engineering & Building WMH/SS:ssg attachment: Resolution Notice of Completion 2 Assignments of Subdivision Agreement & corresponding Resolutions Location Map a:\agendas\I2-5warm. ss 0 0 MEMORANDUM December 4, 1995 TO: George Scarborough, City Manager FROM: William M. Huber, Director, Engineering and Buildin SUBJECT: Resolution, Accepting Work of Improvements and Authorizing Release of Bonds and Filing Notice of Completion, Tracts 12633 and 13027 (Warmington) Because of the concerns expressed by the subject tract Homeowners Association Board of Directors, the Resolution authorizing the bond release is being withdrawn from City Council consideration. This item will be rescheduled upon investigation of the Homeowners Association's concerns. WMH/SS:ssg sam\12-4wann.mem FOR CITY COUNCIL AGEND, >S 0 5. RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) (600,30) As set forth in the Report dated September 7, 1993, from the Director of Public Lands and Facilities, the following Resolution was adopted accepting the completion of the 1993 Weed Abatement Program for the City: RESOLUTION NO, 93-9-7-1. COMPLETION OF 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) - 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 1993 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) The Resolution accepted the work as complete in the amount of $17,392.25 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $1,739.22 thirty-five (35) days after recording the Notice of Completion. 6. APPROVAL OF FIVE-YEAR LEASE AGREEMENT - ORANGE COUNTY HEAD START PROGRAM 32502 PASEO ADELANTO (60020) As set forth in the Report dated September 7, 1993, from the Director of Administrative Services, a five- year extension to the Lease Agreement between the City and Orange County Head Start, Inc. was approved for the period ending August 15, 1998. The Lease Agreement calls for an annual rent of $1.00, $100 per month for utilities, and liability insurance coverage of $1,000,000. The Mayor was authorized to execute the Agreement on behalf of the City. 7. RESOLUTION ESTABLISHING "NO SKATEBOARDING' AT CAPISTRANO BUSINESS CENTER (590.10) As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the written request for no skateboarding was approved for the Capistrano Business Center (27126-27136 Paseo Espada and 27121-27131 Calle Arroyo), and the following Resolution was adopted establishing "No Skateboarding" for the Capistrano Business Center: RESOLUTION NO. 93-9-7-2. ESTABLISHING "NO SKATEBOARDING" AREA - CAPISTRANO BUSINESS CENTER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA AT CAPISTRANO BUSINESS CENTER PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE --� 8. RESOLUTIONS, APPROVAL OF ASSIGNMENTS OF SUBDIVISION IMPROVEMENT AGREEMENTS AND SUBSTITUTION OF BONDS. TRACTS 12633 AND 11027 (DIVIDEND DEVELOPMENT CORPORATION/WARMINGTON SAN JUAN ASSOCIATE.) (600301 T As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the following Resolutions were adopted transferring the responsibilities for completion of the remaining private improvements for Tracts 12633 and 13027 to Warmington San Juan Associates and approving the substitution of the remaining Dividend Development Corporation bonds with equivalent sureties from Warmington San Juan Associates: City Council Minutes -3- 9/7/93 0 RESOLUTION NO, 93-9-7-3. APPROVAL OF ASSIGNMENT OF SUBDIVISION IMPROVEMENTAGREEMENTAND EOUIVALENTSURETYSUBSTITUTION FOR TRACT 12633, DIVIDEND DEVELOPMENT CORPORATION AND WARMINGTON SAN JUAN ASSOCIATES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO WARMINGTON SAN JUAN ASSOCIATES RESOLUTION NO, 93-9-7-4. APPROVAL OF ASSIGNMENT OF SUBDIVISION IMPROVEMENTAGREEMENTAND EOUIVALENTSURETYSUBSTITUTION FOR TRACT 13027, DIVIDEND DEVELOPMENT CORPORATION AND WARMINGTON SAN JUAN ASSOCIATES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO WARMINGTON SAN JUAN ASSOCIATES The Mayor was authorized to execute the Assignment Agreements on behalf of the City, and the City Clerk was directed to forward the documents to the County Recorder. s. •� • k• •1Jl 1!_ As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the following Resolution was adopted approving the application for Transportation Enhancement Activities Program grant funds to complete the landscaping of the parkway and slopes for the Stonehill Drive project and the slopes to the access road to the Lower Rosati Ranch property: RESOLUTION NO, 93-9-7-5. APPROVAL OF APPLICATION FOR GRANT FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FOR THE STONEHILL DRIVE LANDSCAPING PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE STONEHILL DRIVE LANDSCAPING PROJECT i t ;�x�iTrliytl[i7�,IngF3i • • • • • • As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the following Resolutions were adopted approving the application for Transportation Enhancement Activities Program grant funds for two projects at the Northwest Open Space Site: 1) to help offset acquisition costs and 2) the enhancement of the view corridors along Camino Capistrano and the railroad: City Council Minutes -4- 9/7/93 0 0 AGENDA ITEM September 7, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolutions, Approval of Assignments of Subdivision Improvement Agreements and Substitution of Bonds, Tracts 12633 and 13027, Dividend Development Corporation and Warmington San Juan Associates RECOMMENDATION By motion: Approve the resolutions assigning the Subdivision Improvement Agreements from Dividend Development Corporation to Warmington San Juan Associates for Tract Nos. 12633 and 13027 and Authorize the Mayor to Execute the Assignment Agreements 2. Approve the substitution of the remaining Dividend Development Corporation bonds with equivalent sureties from Warmington San Juan Associates. SITUATION A. Summary and Recommendation Dividend Development Corporation sold 120 buildable lots within Tracts 12633 and 13027 to Warmington San Juan Associates. Dividend completed all public improvement facilities and the majority of the private improvement work required by the tracts' Subdivision Improvement Agreements (enclosed within Exhibits Al and A2) and the corresponding bonds were released/ reduced accordingly. In order to transfer the responsibilities for completion of the remaining work, it is necessary for an assignment agreement for each tract to be executed by both Dividend and Warmington and approved by the City. Warmington has submitted said assignment agreements from Dividend (Exhibits Al and A2), has provided equivalent bonds to replace the ones from Dividend and is reqeusting City approval. B. Background Warmington is the current developer of Tracts 12633 and 13027 which were previously owned by Dividend. All public improvements and facilities of these tracts have been constructed by Dividend and corresponding bonds were exonerated. Most of the private improvements within the tracts have also been completed and corresponding bonds have been reduced accordingly. The remaining private improvements required by the Subdivision Improvement Agreement, such as placement of the survey monuments and final street pavement cap (which are usually completed after the homes are built) are not completed yet. It is staff's recommendation to approve the request for approval of assignments and FOR CITY COUNCIL AGED ^. J g AGENDA ITEM • September 7, 1993 Page 2 the bond replacement in view of the fact that the majority of all improvement work has already been completed by Dividend and the minor remaining work would be accomplished by the new builder prior to the issuance of certificates of occupancy. FINANCIAL CONSIDERATIONS None NOTIFICATION Dividend Development Corporation Warmington San Juan Associates ALTERNATE ACTIONS 1. Adopt the resolutions approving the assignments of agreement and the equivalent bond replacements. 2. Do not accept the resolutions. 3. Request additional information from staff. RECOMMENDATION By motion: 1. Approve the resolutions assigning the Subdivision Improvement Agreements from Dividend Development Corporation to Warmington San Juan Associates for Tract Nos. 12633 and 13027 and Authorize the Mayor to Execute the Assignment Agreements. 2. Approve the substitution of the remaining Dividend Development Corporation bonds with equivalent sureties from Warmington San Juan Associates. Respectfully submitted, Prepared by, l vv'rG� ,%� h c William M. Huber, P.E. Sam Shoucair, Project Manager WMH/SS:cI Attachments: 1. Resolution for Tract 12633 2. Resolution for Tract 13027 3. Assignment of Subdivision Improvement Agreement for Tract 12633 (Exhibit A1) 4. Assignment of Subdivision Improvement Agreement for Tract 13027 (Exhibit A2) 5. Development Bond List (Exhibit B) 6. Location Map (Exhibit C) RESOLUTION NO. 93-9-7-3 /A: 12633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO WARMINGTON SAN JUAN ASSOCIATES WHEREAS, on the 7th day of July, 1987, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Dividend Development Corporation for the construction of certain public and private improvements servicing Tract 12633; and, WHEREAS, Paragraph 17 of said Agreement states that the Agreement may not be assigned to a third party without approval of the City of San Juan Capistrano; and, WHEREAS, Dividend Development Corporation has requested the right to assign the subject Subdivision Improvement Agreement to Warmington San Juan Associates; and, WHEREAS, Warmington San Juan Associates has posted sufficient sureties with the City of San Juan Capistrano for the remaining private street improvement and monumentation work; and, WHEREAS, the City of San Juan Capistrano has no objection to said assignments and the substitution of sureties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the transfer of assignment and sureties substitution of said Subdivision Improvement Agreement from Dividend Development Corporation to Warmington San Juan Associates. PASSED, APPROVED, AND ADOPTED this of September . 1993. ATTEST: /i rGIL , MAY -1- 7th day 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-9-7-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of September , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None CHERYL JOHMPON, -2- RESOLUTION NO. 93-9-7-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO WARMINGTON SAN JUAN ASSOCIATES WHEREAS, on the 7th day of July, 1987, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Dividend Development Corporation for the construction of certain public and private improvements servicing Tract 13027; and, WHEREAS, Paragraph 17 of said Agreement states that the Agreement may not be assigned to a third party without approval of the City of San Juan Capistrano; and, WHEREAS, Dividend Development Corporation has requested the right to assign the subject Subdivision Improvement Agreement to Warmington San Juan Associates; and, WHEREAS, Warmington San Juan Associates has posted sufficient sureties with the City of San Juan Capistrano for the remaining private street improvements and monumentation work; and, WHEREAS, the City of San Juan Capistrano has no objection to said assignments and the substitution of sureties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the transfer of assignment and sureties substitution of said Subdivision Improvement Agreement from Dividend Development Corporation to Warmington San Juan Associates. PASSED, APPROVED, AND ADOPTED this of September , 1993. ATTEST: 7th day -1- //n STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-9-7-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of September , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) -2- 31pE� 1JYL1 ,txtiielr C E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 EAMPT C14 copy" 'city CoPY RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 1 �o'1/zti— MARY ANN ANOVER, City Clerk San Juan pistrano, California PROJECT: Tract 13027 SUBDIVISION 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 Dividend Development Corporation, a California corporation, hereinafter called the "DEVELOPER", whose mailing address is: Dividend Development Corporation Southern California Division 3252 Holiday Court, Suite 202 La Jolla, California 92037 WITNESSETH: [AECORDED IN OFFICIAL RECORDS ANGE COUNTY. CALIFORNIAls PM AUG 11'87 l y� COUNTY RECORDER WHEREAS, the CITY has conditionally approved Tentative Tract No. 12633 per Resolution 86-6-17-4; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements up to 2 years after the CITY's approval of the Final Map; and WHEREAS, in consideration of the CiTY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tentative Tract No. 12633 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 13027 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. In addition to the improvements for this tract, it shall be the responsibility of this developer to insure that all improvements and conditions are satisfied for Tentative Tract 12633 as noted on the Improvement Agreement for Tract No. 13025. ,Exti,b,� A 2. 3. 4. ` • 87-455936 OCT Tract 13027 Developer shall comply with all studies and conditions as they apply to this tract within the Improvement Agreement for Tract No. 13025. Fees: Paid prior to approval of the Final Map: A. Drainage - Developer to construct all drainage requirements for Tentative Tract 12633 as a condition of the required drainage fees. B. Water - Required water fees from Capistrano Valley Water District. C. Plan Check and Inspection for Public Improvements - Developer to pay cost that reflects actual City cost. Deposit to be posted as estimated by the City Engineer. D. Parks and Recreation - Fees have been satisfied by Tract No. 13025. Deferred to the Building Permit: A. Sewer - Standard Fee B. Agriculture Preservation - Satisfied by Dedication of Land C. Transportation Corridor - Standard Fee D. School- Standard Fee E. Systems Development - Standard Fee. These fees will be applied to "participation/reimbursement" obligations of the City and in effect credited towards the reimbursement and participation obligations of the City on this project. 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 City 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. 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. PROJECT Tract 13027 87-455936 5. 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 for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the developer from the faithful performance of this agreement. 6. Completion Date A. Developer agrees to complete all of said work and improvements and to pay all costs specified herein within a period of 2 years 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. 7. 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. 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. ~ • PRe T Tract 13027 87-455936 8. 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 his expense any defects in said work. 9. 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. 10, 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 13027 until July 7, 1989. IN WITNESS WHEREOF, July 7, 1987 Date ATTEST: the parties have executed this agreement as of MARY ANN Ir NOVER, CITY CLERK APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO ED] IM PROJ'& Tract 13027 87-455936 8. 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 his expense any defects in said work. 9. 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. 10. No Assignments - Developer may not assign this Agreement to any third party arErhnn♦ rhe ........as ..e .a... �:...._ _.._� ___e ______. •ORPORATE ACKNOWLEDGMENT State of California 1 3 Ss. County of Orange 87-455936 OFFICIAL SEAL CHE2Yl A JOHNSON a • ^ rlOTARY PUCLiC - CALIFORNIA r• hSy ccr..m. expires NGy 11, 1989 b On this the 7th day of Cheryl A. Johnson the undersigned Notary Public, personally appeared NO. 202 1988=, before me, L. Bland and Mary Ann.Hanover % personally known tome proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. 1 Mayor and City Clerk cp or on behalf of the(ac1orporatro3ntherein munic> named, and acknowledged to me that the/corporate n executed it. STATE OF CALIFORNIA ss. COUNTY OF �f" x iJFplr:.'.L SLAL ItATNt�E'; A BRDV;P�iING �p TA Hy NOALI: JAN U1-Gp G, UN IY ' Mr Comm Er ogee OCl ii IObb ! ACKNDWLED''.MENT— COlpyyllon—Wolwn$ F" 222CI-x—Nev. 542 C1262 WOLCOTTS, INC. (0" cUn 6-21 On this &-) — day of , in the year 19 E before me, the undersigned, a Notai Public in and for said Slate, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said Nte. 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER 7 �3oa q TO: City Engineer / V 1_175 a--7_ FROM: Dawn M. Schanderl, Deputy City Clerk DATE: goisber 19, ;9 SITUATION: Summary on Page 1. (WARMINGTON, TRACT 13027) ACTION REQUESTED: On October 8, 1993, agreement extended to December 21, 1993. On February 28, 1994, agreement extended to June 30, 1994. On June 22, 1994, agreement extended to June 23, 1995. On June 27, 1995, agreement extended to October 20, 1995 If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by October 20th or if it will be extended. ACTION TO BE TAKEN:iiLL iry�,p/bdcnyj�4Ja ;, slv�✓�1�s.� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: o %i DATE SIGNED: 11-1195 * * *FOR CITY CLERK'S DEPARTMENT USE ONLY* * * Tickler Date: 12/14/93 06/10/94 06/16/95 10/13/95 Deadline Date: 12/21/93 06/30/94 06/23/95 10/20/95 cc: Sam Shoucair, Senior Engineer City Attorney (600.30/t13027) � /fid � � 4/1/G /l�w��i�' ✓/w�irs� bv��s . Page 1 TO: City Engineer FROM: CITY CLERK'S DEPARTMENT-ACTIONREMINDER Dawn M. Schanderl, Deputy City Clerk DATE: October 1, 1993 At the regular City Council meeting of July 7, 1987, the City entered into a Subdivision Improvement Agreement with Dividend Development Corporation, Tract 13027. Said Agreement expires within two (2) years of date entered or July 7, 1987. ON SEPTEMBER 7, 1993, AGREEMENT WAS ASSIGNED TO WARMINGTON. On May 25, 1989, agreement extended to July 7, 1990. On May 11, 1990, agreement extended to January 7, 1991. On December 4, 1990, agreement extended to June 7, 1991. On May 29, 1991, agreement extended to January 7, 1992. On December 30, 1991, agreement extended to June 30, 1992. On June 4, 1992, agreement extended to December 29, 1992. On December 15, 1992, agreement extended to June 30, 1993. On June 4, 1993, agreement extended to October 12, 1993. ACTION REQUESTED: ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING AC13ON: DATE SIGNED: Tickler Date: 05/25/89 Deadline Date: 07107/89 12/15/92 12/29/92 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 05/07/90 12/01/91 05/01/91 12/20/91 06/01/92 07107/90 01/07/91 06107/91 01/07192 06130192 06/01/93 10/01/93 06/30/93 10/12/93 I Page 2 CITY CLERKS DEPARTMENT - ACTION REMINDER % / 302- 3 TO: Theodore Simon, City Engineer FROM: Dawn M. Schanderl, Deputy City Clerk DATE: June 16, 1995 SITUATION: Summary on Page 1. ACTION REQUESTED: On October 8, 1993, agreement extended to December 21, 1993. On February 28, 1994, agreement extended to June 30, 1994. On June 22, 1994, agreement extended to June 23, 1995. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by June 23rd or if it will be extended. ACTION TO BE TAKEN: i=x'tand A3r"4*At to CCT. 20, 1995 DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: o cT • 1-5,19557 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 2-711r 'FOR *FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12114193 Deadline Date: 12/21/93 cc: Department Head City Attorney (600.30/t13027) 06110194 06116195 06130194 06123195 • f Page 1 CITY CLERK'S DEPARTMENT- ACTIONREMINDER TO: Theodore Simon, City Engineer FROM: Dawn M. Schanderl, Deputy City Clerk DATE: October 1, 1993 SITUATION: At the regular City Council meeting of July 7, 1987, the City entered into a Subdivision Improvement Agreement with Dividend Development Corporation, Tract 13027. Said Agreement expires within two (2) years of date entered or July 7,1987. ON SEPTEMBER 7,1993, AGREEMENT WAS ASSIGNED TO WARMINGTON. On May 25, 1989, agreement extended to July 7, 1990. On May 11, 1990, agreement extended to January 7, 1991. On December 4, 1990, agreement extended to June 7, 1991. On May 29, 1991, agreement extended to January 7, 1992. On December 30, 1991, agreement extended to June 30, 1992. On June 4, 1992, agreement extended to December 29, 1992. On December 15, 1992, agreement extended to June 30, 1993. On June 4, 1993, agreement extended to October 12, 1993. ACTION REQUESTED: ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Tickler Date: 05125189 Deadline Date: 07107189 12115192 12129192 cc: Department Head City Attorney * * *FOR CITY CLERK'S DEPARTMENT USE ONLY*** 05107190 12101191 07107190 01107191 06101193 10101193 06130193 10112193 05101191 12120191 06101192 06107191 01107192 06130192 • • Lam,. Page 2 Z-/7 til /�/3oZ7 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO heodore Simon, City Engineer1> /FRO�.,T Dawn Schanderl, Deputy City Clerk DATE: (O3un&-W +99+rLi SITUATION: Summary on Page 1. ACTION REQUESTED: On October 8, 1993, agreement was extended to December 21, 1993. On February 28, 1994, agreement was extended to June 30, 1994. Please advise this office if agreement will be completed by June 30th or if it will be extended. ACTION TO BE TAKEN: zx&/ Jb �jtn[ L 3199!' DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: l tv /i / 99S SIGNATURE OF OFFICIAL TAKING ACTION: /&J' DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/14/93 06/10/94 Deadline Date: 12/21/93 06/30/94 cc: City Attorney Department Head (600.30/t13027) &11111tw pwI Page 1 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Ted Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: October 1, 1993 SITUATION: At a regular meeting of the City Council on July 7, 1987, the City entered into a Subdivision Improvement Agreement with Dividend Development Corporation - Tract 13027. Said Agreement expires within two (2) years of date entered or July 7, 1989. ON SEPTEMBER 7, 1993, AGREEMENT WAS ASSIGNED TO WARMINGTON. On May 25, 1989, agreement was extended to July 7, 1990. On May 11, 1990, agreement was extended to January 7, 1991. On December 4, 1990, agreement was extended to June 7, 1991. On May 29, 1991, agreement was extended to January 7, 1992. On December 30, 1991, agreement was extended to June 30, 1992. On June 4, 1992, agreement was extended to December 29, 1992. On December 15, 1992, agreement was extended to June 30, 1993. On June 4, 1993, agreement was extended to October 12, 1993. ACTION REQUESTED: If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please advise this department if agreement will be completed by October 12th or if it will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/25/89 05/07/90 12/01/90 05/01/91 Deadline Date: 07/07/89 07/07/90 01/07/91 06/07/91 06/01/92 12/15/92 06/01/93 10/01/93 06/30/92 12/29/92 06/30/93 10/12/93 12/20/91 01/07/92 T 'Page 2 A/If 41 CITY CLERK'S DEPARTMENT - ACTION REMINDER wit ry FEB An TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: December 14, 1993 SITUATION: Summary on Page 1. ACTION REQUESTED: On October 8, 1993, agreement was extended to December 21, 1993. Please advise this office if agreement will be completed by December 21st or if it will be extended. ACTION ACTION TO BE TAKEN: b 17 -'*J ¢sly Ay2 - Ij J&ktj 35 19 of DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: )&W /D /9V SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: a-/ L 8 9 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/14/93 Deadline Date: 12/21193 cc: City Attorney Department Head (600.30/t 13027) Page 1 • 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO, Ted Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: October 1, 1993 SITUATION: At a regular meeting of the City Council on July 7, 1987, the City entered into a Subdivision Improvement Agreement with Dividend Development Corporation - Tract 13027. id Agreement pires w: hi two ( ) years of date entered or July 7, 1989. Wa, J� a�w ?Atij 7144M " /lr.� a'� adv, #/ .5'dy I, / 993 ON SEPTEMBER 7, 1993, AGREEMENT WAS ASSIGNED TO VARMINGTON. On May 25, 1989, agreement was extended to July 7, 1990. On May 11, 1990, agreement was extended to January 7, 1991. On December 4, 1990, agreement was extended to June 7, 1991. On May 29, 1991, agreement was extended to January 7, 1992. On December 30, 1991, agreement was extended to June 30, 1992. On June 4, 1992, agreement was extended to December 29, 1992. On December 15, 1992, agreement was extended to June 30, 1993. On June 4, 1993, agreement was extended to October 12, 1993. ACTION REQUESTED: If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please advise this department if agreement will be completed by October 12th or if it will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/25/89 05/07/90 12/01/90 05/01/91 Deadline Date: 07/07/89 07/07/90 01/07/91 06/07/91 06/01/92 12/15/92 06/01/93 10/01/93 06/30/92 12/29/92 06/30/93 10/12/93 12/20/91 01/07/92 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Ted Simon, City Engineer �dj %1 FROM: Dawn Schanderl, Deputy City Clerk DATE: October 1, 1993 J SITUATION: At a regular meeting of the City Council on July 7, 1987, the City entered into a Subdivision Improvement Agreement with Dividend Development Corporation - Tract 13027. Said Agreement expires within two (2) years of date entered or July 7, 1989. On May 25, 1989, agreement was extended to July 7, 1990. On May 11, 1990, agreement was extended to January 7, 1991. On December 4, 1990, agreement was extended to June 7, 1991. On May 29, 1991, agreement was extended to January 7, 1992. On December 30, 1991, agreement was extended to June 30, 1992. On June 4, 1992, agreement was extended to December 29, 1992. On December 15, 1992, agreement was extended to June 30, 1993. On June 4, 1993, agreement was extended to October 12, 1993. ACTION REQUESTED: If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Please advise this department if agreement will be completed by October 12th or if it will be extended. ACTION TO BE TAKEN: 0( I /UO A*M j711 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 10407 QF( 2 /t 19.9 -3. ptc t9, /1?) ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/25/89 05/07/90 12/01/90 05/01/91 Deadline Date: 07/07/89 07/07/90 01/07/91 06/07/91 06/01/92 12/15/92 06/01/93 10/01/93 06/30/92 12/29/92 06/30/93 10/12/93 cc: City Attorney Department Head (600.30/t13027) 12/20/91 01/07/92 MUE DATE (MM/DD/YY) 05/31/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND D.L.D. Insurance Brokers CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2424 S.E. Bristol St. POLICIES BELOW. COMPANIES AFFORDING COVERAGE Suite 360 Newport Beach, CA 92660 COMPANY A United National Ins. Co. LETTER MPARNY B Firemans Fund Ins. Co. INSUREDC ANY L�TER C Steadfast Insurance Company Warmington Homes 3090 Pullman Street, Suite A Costa Mesa, CA 92626 COMPANY D LETTER MA COMPANY E LETTER THIS IS TO CERTIFY THAT THE 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 POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W LTR TYPE OF INSURANCE POLICY NUMBERPOLICY EFFECTIVE DATE tIAMIODNY) POLICY EXPIRATION DATE IMMAKY" uwrs GENERAL IlANUTY GENERAL AGGREGATE t 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTSCOMP/OPAGO. S 11000,000 A GAMS MADEO OCCUR. XTP49901 06/01/95 06/01/96 PERSONAL a ADV. INJURY t 1,000,000 X OWNER'S S CONTRACTORS PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Ary Pan Tac) III MED. EXPENSE (Arty Ona parsonj S 5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE f 1,000,000 LIMIT B ALL OWNED AUTOS SCHEDULED AUTOS MXASOIS1031 06/01/95 06/01/96 BODILY INJURY (Par Pmon) t X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Pr aodde ) S GARAGE LIABILITY PROPERTY DAMAGE t EXCESS UAMM nn�I EACH OCCURRENCE S 10,000,M C X SU07903011902 06101195 06!01196 AGGREGATE S 10,000,000 <$e'i„'v:;$.N'C.`'"':C'r'P:s;, OTHER THAN UMBRELLA FORM WORKERS COMPENSATION STATUTOM LMITS%:"'%•:�^`i'yy:zln',;,G,;; AND EACH ACCXIENT t DISEASE—POLICY LIMIT i EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE t OTHER Umbrella LAability $10,000 Self -Insured Retention DESCRIPTION OF OPERATIONSILOCATIONIG VEWCLESSPECIAL REYB RE:AII operations of the Named Insured.Certificate bolder is named as Additional Insured but only as respects liabilities arising out of operations performed by the Named Insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y of San Juan Capistrano Efin:Irene Marcote EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 00 Paseo Adelante LEFT, BUT FAILURE TO "MIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR San Juan Capistrano, CA 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU IZED REPRESENTATIVE 000090 1p 1p . .................... X ft��M' ��DATX(N�M/M/YY) NMI QIWATI bWANO Nib ULM I INUA I ft IN IbOUIZU AN A MIA I I MK Or INPUK ON CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Rai I ins Hudig Hal I pp of Southern California Inc. WJWT AMEWND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELO . COMPANIES AFFORDING COVERAGE 695 Town Center Drive, Ste 500 Costs Mesa, CA 22626 T 714-641-8355 LETTER A Rs iblic Indemnity Company COMPANY LETTER WARMINGTON HCMES, INC. 3090 PULLMAN STREET COMPANY LETTER C COMPANY LETTER D SUITE A COSTA MESA COMPANY LETTER E CA 92626 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRIEMENT, TERM OR CONDITION OF ANY CONTRACT OR O THER 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 SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER PoLloy"PEOTNE DATE(MM/M/yy) MLgY OVpAT IMM[(IQI/OO/YY) LIMITS GENIMALLIABILffif GENERAL A66RE(LAtE COMMERCIAL OENERAL LIABILITY I CLAIMS MADE � OCCUR. PRODUCTS-COMP/OP AGO. PERSONAL & AW. INJURY EACH OCCURRENCE OWNER'S & CONTRACTOR'S PROT. FIRE DAMABE (Awl me H,eJ MED. EXPENSE LA w me Perim AUTOMOBILE LIOLff Y ANY AUTO COMBINED SIMILE LIMIT BODILY INJURY (Per pet,m) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS S L)ESCERVIfIC SuED ti BODILY INJURY NON -OWNED AUTOS ON: (Per accidevO PROPERTY DAMAGE I GARAGE LIABILITY EXOMLIAOLffY EACH OCCURRENCE S ABOREBATE I I.NBRELLA IOWA OTHER THAN UMBRELLA fORM7777777777777777 WORKM DOMPMATON STATUTORY LIM73 EACH ACCIDENT 1000000 A AM EKVLOWWLIABLffY 3502620 7/01/94 7/01/95 DISEASE-POILID LIMIT S 1000000 DISEASE -EACH EMPLOYEE S1000000 OTHER I 011001111PTION OF Main RE: TRACT *13027, 12633 TEN DAYS CANCEL FOR NON PAY OF PREMIUM OR NON SUBMISSION OR PAYROLL REPORT. .......... ...... ........ .... . �NX* MACEIAX*"g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE n EXPIRATION DATE THEREOF, THE ISSUR-JG COMPANY WELL 2MEA109ft 15" MAIL 30 DAYSWRIT T ENNOTICE TO THECERTIFCA TE HOLDER NAMED TO THE CITY OF SAN JUAN *Woe LEFT. CAPISTRANO ANY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 664500000 ATTN: KATHY tm Ak Alk '�� .....,.rw..rn.riw+,.s+sa,w.�.�rwr.: � a: ': Isla Mfa!MVO01w1 .�"ST"".��LS �'.•�R"�..E�CS Rollins NS9i6 Hall of SovtAorn CONFER! NO I04NTS THE CERT91CA7E HOLDER THIN CERTIFICATE DOES NOT AMID, iXTENOOR ALTER THE COVERAGE AFFORDED SY THE California (Costa Masa) POLICES BROW. 096 Tont Cont•T Dr.. $to. SOO COWU SAFFOIMM4000VMGE Cast* Move. CA 9292E T 14-147-p64 t�ETEA� A United National Insulance Co. LE1itA, B St•►ff t n • ea waminston Ha1as. Inc. 3090 Pollwan Str•at COMPW C A Fund Insurance Suit• OAma" Costa Mesa D CA steal 1� �"'"' E Ski 7 YP ,TMS IS TOCEP IFY THAT T/1E pOLE�S OF cIST EO EELOWHAVE6EENFSS&O TO T/6649URFDNA1.ED AGOVF FOR THE POLLY PERIOD ANY REOCAPETaENT [10:1 OR CON[sT10N WHOA THS fAMATW.NOTWITF$TAlU101C OF ANY CONTRACT OROTHEA DOCMENT WFTHRESPECT TO CEATFICATE MAV OE QSWD OR MAY PERT AIµ THE N KINANCE AFFORWO OV THE POLICIES OESCs0E0 NEW" IS SUBJECT TO ALL THE TFA.IS. EXCLUSIOTtS AM COAOIK" OF SUCH POLICES. ~ Two7MMaMs L FOLATIIIIaMO R6ATINVOKCa SAIRPOPMV11 PIM WIRM(NUD" 1.06110 T omy MART om 1 WKY WAPV AK A cinema m FORM SW42961 6/01/93 0/01/96 n1943E7/'QF pm mmfv WAM Out • n i flaLY • CRAW MIANT FONRINWAIITN Nnl. 0 A N ta•PMa M. * 4 01 A M COINS* AM T 1 O CORM00m RNow RAN *K A IQ/BaBn Caa101t100 *0010 tow norm aawN A*IalAla*A CJOLTIT CAIC AVID ALL MM A9105 ACC Oto Awm � � MXAO0127499 4/01/97 4/011`94 IOOIY *JON O" mma t S911T AM6RT 1 In, A1�1I X W" A•1a npwn OwNN f 10E-0016/AoT3t sum tWRm mmILII' 1 A It TT OMAN 1 CONI1® Ove aLmOL1T SAM Tccoman i10,000 -am APFIDAIIt 9 Now" taws CC799S00900 9/01/97 4/01194 :. 9"M 114 140011 YIPM aaaalaaaAaaAa1NM STAMdN lMit '. TACK ACtWPff AIN MT f aA/AOt LRAM lTf -9�46]Ltmx IMMUNE Nibliffid NEW 1 111111 RE: ALL OPERATION! USUAL 70 THE NAMED INSURED. AnI21 T I Mal In tivi X'.SHOULoAWOFTMA9OVEOESCf19EOPOUCESBE6AAICELLEDBEVOOCTW EXPIATION DATE THEREOF, THE SSUP C COACANY WILL ENDEAVOR TO CITY Of SAN JUAN OL 1126 CAPISTRANO ATTI*t ITEM MAROOTE MAL�AYSWIRTEra.OtCE TOTHECfRTFTCA TE IOLEVICNAMEDTOTHE LEFT. 6CIT ALTIRE TO MAL SUCH NOYCE SHALL LWIOSE NO OSLGATION OA � L ANY KV40WON THE COMi .rtS AGENT SOR REPRESENT AMES 3240 ►ASE* AOELANT[ SAN JU l9TRAND CA 926 i is4606400 U24�--- .. .. _, md POLICY NUMSEIL `W4* CMERCIAL GENERAL LIABIUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorserr ent modifies insurance Provided ands the following: COMMERCIAL GENERAL UASILITY COVERAGE PART. SiCHEPULE Meme of Person or orp"kaum QTY CIF sm JM1 C14PIS7ppM 32400 PASW ADEIAM SAN JUM CABISTMM, Ch 92675 pf no entry appears a' R' information required to coerplett this endorsement will be $hown in the Detlerstions so appicaW to this endorsament.) WHO IS AN INSURED (Section 11) Is amended to h"do as an irwaed the person or organization slow. in the SChedole as an insured but only with respect to babiWy arislnS out of your operations or we *s owned by or palmed to you. C6 20 26 1155 Copyright. Insurance jer.ices Oft@. Inc.. 19114 ❑ TOTAL F.03 0 May 23, 1996 ✓(� roo,owm [i1x1u111N 1961 1776 Mr. James W. Skinner Warmington Homes 3090 Pullman Costa Mesa, California 92626 Re: Completion of Certain Improvements and Release of Bonds Dear Mr. Skinner: MEMBERS OF THE CRY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH OAVIO SWEROLIN CRY MANAGER At their meeting of may 21, 1996, the City Council of the City of San Juan Capistrano declared that the work required for private street improvements and for monumentation had been completed and authorized the release of corresponding bonds. A copy of Resolution No. 96-5-21-3, setting forth the City Council's action, is enclosed for your files. We are processing the bond release and will be forwarding the appropriate information to you under separate cover. Please feel free to contact Sam Shoucair at 443-6355 if you have any questions. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: San Juan Creek Association Engineering and Building Director Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 DRUG USE is December 6, 1995 Matt Tingler Warmington Homes 3090 Pullman Costa Mesa, California 92626 1 iniaw..uo M11" m 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYAT HART GIL JONES CAROLYN NASH DAVID SWEROUN CITY MANAGER GEORGE SCARBOROUGH Re: Accepting Improvements and Release of Bonds - Tracts 12633 and 13027 Dear Mr. Tingler: At their meeting of December 5, 1995, the City Council of the City of San Juan Capistrano had been scheduled to accept the work on the private streets within Tracts 12633 and 13027 and release the corresponding bonds. The Homeowners Association Board of Directors had expressed concerns to staff regarding the bond release and the item was subsequently withdrawn from consideration. The item will be rescheduled following investigation by staff. Please feel free to contact Sam Shoucair, Senior Engineer, at 443-6355 if you have any questions. Very truly yours, Cheryl Johnson City Clerk cc: San Juan Creek Association Engineering and Building Director Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 E Noi ComGafcd +h'ih Or;m,llwl May 22, 1996 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Gentlemen: iocorror�ie I emsMm 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH DAVID SWEROLIN CITY MANAGER GEORGE SCARBOROUGH Recorded in the County 11 of Orange, California Gary L. Granville, IIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIIII�I erk/RGr NoFee 605 26003454 26 549960259496 1: 59pm 05/23/96 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 �11�rant1 The following document is enclosed for recordation: Notice of Completion for construction of private streets and setting of survey monumentation for Tracts 12633 and 13027 When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johns City Clerk Document Number `(1 Enclosure � 3 /S Date 7 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 ' (714) 493-1171 n CITY CLERK'S DEPARTMENT- ACTION REMINDER TO: City Engineer FROM: Dawn M. Schanderl, Deputy City Clerk DATE: November 16, 1995 SITUATION: Summary of situation, see page 1 On March 4, 1993, agreement was extended to June 11, 1993. On June 4, 1993, agreement was extended to November 9, 1993. On November 29, 1993, agreement was extended to November 30, 1994. On November 23, 1994, agreement was extended to November 30, 1995. ACTION REQUESTED: The agreement states that if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please advise this office is agreement will be completed by November 30th. ACTION TO BE TAKEN: 1.rhPrci)en&nT.S 6,b,rICU — DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 1(_ 'S c — 95 Tickler Date: 05/30/93 Deadline Date: 06/11/93 cc: City Attorney (600.30/t12829) 1 11)(0195 P, ***FOR CITY CLERK'S DEPARTMENT USE ONLY' 10/28/93 10130194 11116195 11/09/93 11/30/94 11/30/95 Page 1 CITY ERK'S DEPARTMENT - ACTION RONDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: March 1, 1993 SITUATION: At the meeting of February 16, 1988, the City approved an Improvement Agreement with Glenfed Development Corporation for Final Map, Tract 12829. The Agreement states the developer agrees to complete all of said work and improvements within a period of 365 days from the date of this agreement. The 365 day limit expires on February 16, 1989. On January 16, 1989, the agreement was extended to July 16, 1989. On June 16, 1989, the agreement was extended to January 16, 1990. On December 18, 1989, the agreement was extended to July 16, 1990. On June 22, 1990, the agreement was extended to January 16, 1991. On December 12, 1990, the agreement was extended to June 29, 1991. On June 13, 1991, the agreement was extended to August 30, 1991. On October 25, 1991, the agreement was extended to January 31, 1992. On March 20, 1992, agreement extended to July 31, 1992. On August 12, 1993, agreement extended to March 12, 1993. ACTION REQUESTED: The agreement states that if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please advise this office if agreement will be completed by March 12th or extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 01/02/89 06/16/89 Deadline Date: 02/16/89 07/16/89 06/01/91 08/15/91 06/29/91 08/30/91 cc: City Attorney Assistant City Manager Department Head (600.30/t l 2829) 12/16/89 06/16/90 01/16/90 07/16/90 10/25/91 07/17/92 01/31/92 07/31/92 12/16/90 01/16/91 03/01/93 03/12/93 1 li T Ot Ot rn_ w w w w w w w w w Ot Ot w W to to to tnJ 0000 0000 Otn tno A A A A A t j J J A A A Al A N N N N N N N N N N N v+ 4 WW N N N W W N D\ to to V ? w w tNil �D N N Oo Ot A A v cr w � 0 o, a Lf'I V] w 0 0 g CD VI �. p�• "1 fA �. a. VAGI 4 N? A� A V A_ t A V J 0o 000 to ` G A W N N A A w 00 w to 00 00 00 to t0 OJDOA 00 W N N w J OA OA to %b fD CD CD fD fD 0[D fD fD a w w w aw w w w Oman w OOO c N W N VI H N N H° VI Mc= `d. B aa oN .==. 0.0. c. 0. a c c c c c cc c c c c c c c c a- 11.4 1.4 a aaa aaaa aaaa aaaa 00 00 00 N 00 00 00 00 00 00 00 a, a, oowooao M w w � y ... ... .r ... .r .r N N N i=7 d 4 MEMORANDUM Date: TO: City Engineer FROM: Construction Inspector FA. SUBJECT: Project No. %/q�y/el/2824 Location: 2 re -,We / 4x -/s Permit No. ' 77i4— The subject project has been Fi'nalInspected and: ✓ The following work can be accepted by the City; e Curb, gutter, sidewalk, pavement on Zk,71 /2929 e Sewer lateral, main, manhole in T-acY /2,929 e Storm drain main, lateral, catch basin in %rncf /28L9 o Street light on o Striping and signing on o Traffic signal at o Utility line, vault installation on o Water main, service, valves on o Landscaping and irrigation on o Equestrian trail and fencing o Bicycle trail o Line and grade certification o As builts o Monumentation o Tree removal/trimming o Haul route The following items require correction/completion prior to acceptance by the City. TGS:ssg cc: Director of Engineering and Building Director of Public Lands and Facilities Building do Safety Manager Land Use Manager i September 10, 1993 Mr. L. J. Edgcomb Warmington San Juan Associates 3090 Pullman Street, Suite A Costa Mesa, California 92626 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY I. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGESCARBOROUGH Re: Approval of Assignment of Subdivision Improvement Agreement - Tracts 12633 and 13027 Dear Mr. Edgcomb: At their meeting of September 7, 1993, the City Council of the City of San Juan Capistrano took action to approve the two Assignments of Subdivision Improvement Agreements between Warmington San Juan Associates and Dividend Development Corporation, for Tracts 12633 and 13027. Enclosed for your files are copies of Resolution No. 93-9-7-3, which approved the Agreement for Tract 12633, and Resolution No. 93-9-7-4, which approved the Agreement for Tract 13027. Also, enclosed are copies of the corresponding Agreements. The original Agreements have been forwarded to the Orange County Recorder's Office. Thank you for your cooperation. If you need any further information, please let us know. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Dividend Development Corporation Director of Engineering and Building Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 0 September 10, 1993 dMw, 9 � J•IA�11pill •s;§Ius , 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARBOROUGH Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: Assignment of Subdivison Improvement Agreement - Tract 13027 Gentlemen: The following document is enclosed for recordation: Assignment of Subdivision Improvement Agreement - Tract 13027 When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, �Oeturrl�h • /,��Cu� Cheryl Johnson City Clerk Encldsure W V W a m U 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 o r - m • saa c� ✓ 2 p G b Document Number .a'�.'3 z az_r�:z mrsz`y Date C, C:, z �Jo Xi CIO 1 •11l I � 1- C) I rn 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 MEMORANDUM TO: Cheryl Johnson, City Clerk 0 August 12, 1993 FROM: Sam Shoucair, Associate Civil Engineer S.S SUBJECT: Tracts 12633 and 13027, Warmington San Juan Associates, Formerly Dividend Development Corporation, Assignment Agreements and Surety Submittals The developer of the subject project has submitted the attached Assignment Agreements and Performance Bonds as surety for the remaining work (surface asphalt, valve/manhole adjusting and placement of the survey monuments) required by the Subdivision Improvement Agreements. The attached Performance Bonds issued by Insurance Company of the West on August 2, 1993, are as follows: Tract 12633 - Private Improvement - No. 1269826 for $28,207 - Monumentation - No. 1269825 for $7,560 Tract 13027 - Private Improvement - No. 1269828 for $55,498 - Monumentation - No. 1269827 for $9,660 These bond forms have been previously approved by ex -City Attorney, John Shaw. The attached two Subdivision Improvement Agreement forms between Dividend and Warmington, signed (wet signature) on 5,24, 93 and 6, 7, 93, respectively, are for City Council consideration at their meeting on September 7, 1993. It is requested that the City Clerk's Office retain possession of the attached bonds until authorized for release by the City Council. S rl Attachments cc: Richard Denhalter Bill Huber Ted Simon