1993-0224_CCL REALTY LTD._Notice of CompletionLl
RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
/GG WERNMENT CODE SECTION 6103
Cheryl Johns , Ci Jerk
San Juan Capistrano, CA
0
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
1111111111111 No Fee
19950420391 2:44pm 09/26/95
005 021180 07 12 M63
N12 1 7.00 0.00 0.00 0.00 0.00 0.00
NOTICE IS HEREBY GIVEN that two assigned agreements between the City of San Juan Capistrano and CCL Realty, Ltd., 2010 Main
Street, Suite 460, Irvine, California 92714, Developer of Tracts 12262 and 12423, require the Developer to complete the following, to wit:
CONSTRUCTION OF PRIVATE STREET IMPROVEMENT IN CONJUNCTION WITH
DEVELOPMENT OF TRACTS 12262 AND 12423 IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed on September 19, 1995, 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 Ca istrano, California 92675, at a regular meeting thereof held on the 19th day
of September, 1995, by Resolution No. �/ �� — / . 3
That upon said agreement, Security Pacific National Bank was surety for the Time Certificate of Deposit for private street improvement
work in the amount of $34,030 for Tract 12262 and $27,150 for Tract 12423, given by the said company as required by law.
Dated at San Juan Capistrano, California, this -ae 9!-)L- day of 2/ 1995.
Cheryl Johnsor6rity CIdjk
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 12-04�L- day of 1995.
Cheryl Johnso City C rk
City of San Juan Capistrano
1. t, •
RECORDING REQUESTED BY:
CITY OF SAN JUAN CAPISTRANO
OFFICE OF THE CITY CLERK
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
AND WHEN RECORDED RETURN TO:
CITY OF SAN JUAN CAPISTRANO
OFFICE OF THE CITY CLERK
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
49
ICC # 93-0325266
14—MAY-1993 02—:22 PM
Recorded in Official Record:
of Orange County California
Lee A. Branch. County Recorder
Page I of 7 Fees: $31.00
Tax: $ `O.Av
(SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY)
ASSIGNMENT OF IMPROVEMENT AGREEMENT
THIS ASSIGNMENT OF IMPROVEMENT AGREEMENT is made and entered
into as of Y 24 , 199,E by and between GLENFED
DEVELOPMENT CORPORATION, a California corporation ("Assignor"), as
assignor, in favor of CCL REALTY (CALIFORNIA) LTD., a California
corporation ("Assignee"), as assignee.
WITNE S S E T H, T H A T:
WHEREAS, Assignor, as the developer, and the City of San Juan
Capistrano, a municipal corporation (the "City"), entered into that
certain agreement (the "Improvement Agreement") captioned
"IMPROVEMENT AGREEMENT', dated as of February 16, 1988, and
recorded as Instrument No. 88-076738 (Tract 12423) in the Official
Records of the County Recorder of Orange County, California
providing for, among other matters, the construction of certain
improvements by Assignor as set forth therein;
WHEREAS, on March 17, 1992, Assignee acquired from Glendale
Federal Bank, a federal savings bank ("Seller"), certain real
property (the "Property") located in the City of San Juan
Capistrano, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and made a
part hereof;
2. Assignee hereby assumes all of the duties and obligations
of the developer under the Improvement Agreement with respect to
the Property arising or occurring from and after March 17, 1992.
Accordingly, Assignee shall not have any duties, obligations,
liabilities or responsibilities under the Improvement Agreement
that arise or occur prior to March 17, 1992, except for remedial
work relating to the curb and gutters and final lift of the asphalt
paving, or that with respect to any property other than the
Property or any personal rights to any party or entity (unless
personal to such party or entity with respect to the Property).
This Assignment of Improvement Agreement is made and entered
by Assignor and Assignee as of the day and year first above
written.
GLENFED DEVELOPMENT CORPORATION,
a Califo is corpor ion
By
is
"Assignor"
CCL REALTY (CALIFORNIA) LTD.,
a California corporation
By ` l
Its QEn"cet .
STATE OF CALIFORNIA
COUNTY OF �S ?12Y51?12Y51i�S J SS.
On5r—? before me, %a/J/ /9' % Li'�✓ -r�-
�� (Notary Name and Title)
personally appeared
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.
T-721
-2-
LOS ANGELES C"TY
(Notarial Seal)
0 0
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN DIEGO )
On Zo , 19;-L before me, Mark Knepper, personally
appeared L�l&J'r, AtJf;t�
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.
--
0FFICIA:iCALFORNMA
Signature m MARK KN
NOTARY PUBLIC SAW DIEGO ly Oaml. EI1 it 1994
State of
County of CZ22tdap
On / eforeme,�VLr/y�
DATE NAMK,ALEOFOFFICER-EG,'JANED E, NOTARYPU
personally appeared ��AJ6S
i—
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person( whose name(s), Ware
subscribed to the within instrument and ac-
knowledged to me that he/shaAhey executed
the same in his/her/ttteir authorized
capacity(iae), and that by his/he!FAheir
signature(s) on the instrument the person(s},
or the entity upon behalf of which the person(s)-
OFFICIAL SEAL
acted, executed the instrument.
CHERYL A. JOHNSON
Witness my hand and official seal.
o NOTARY pLQLIC - CALIFORNIA
ORANGE COUNTY
My comm, expires DEC 13, 1993
G,
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
CORPORATE,
OFFICER(S)
❑ PARTNER(S)
❑ ATTORNEYAN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAF P RSON(S) OR TITYIES)
U L.
ATTENTION NOTARY: Ahnough the information requested below is OPTIONAL, it could prevent fraudulent attachment ofAhis certificate to
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages 7
Signer(s) Other Than Named Above
0 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 913047164
0 0
THIS ASSIGNMENT OF IMPORVEMENT AGREEMENT was approved by the
City pursuant to a resolution of the City Council passed on
April 20, 1993.
CITY OF SAN JUAN
m
ATTEST:
CHERYL JOANSQN, City Clerk
APPROVED AS TO
Attorney
-4-
0
.,, PARCEL A:
EXHIBIT "A"
(LEGAL DESCRIPTION)
0
LOTS 1 AND -2 OF TRACT NO. 12423, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 599, PAGES 1 TO 5 INCLUSIVE, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8, 1956 IN BOOR 3538, PAGE 550 OF OFFICIAL
RECORDS AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS.
THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION
OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
LEVEL, WAS BY QUIET CLAIMED A DOCUMENT RECORDED JULY 31, 1978 IN
BOOK 12779, PAGE 1626 OF OFFICIAL RECORDS.
PARCEL B:
LOTS 1 TO 2 INCLUSIVE OF TRACT NO. 12262, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 598, PAGES 38 TO 42, INCLUSIVE, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL
RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS.
THE RIGHT OF ENTRY IN OR
OF THE SUBSURFACE
LEVEL, WAS QUIET
BOOK 12779, PAGE
OF SAID
CLAIMED
1626 OF
UPON THE EXISTING SURFACE OR THAT PORTION
LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
BY A DOCUMENT RECORDED JULY 31, 1978 IN
OFFICIAL RECORDS.
32-73019-03 -5-
EXHIBIT "A" (CONTINUED)
PARCEL C:
LOT 1 OF TRACT NO. 12735, IN THE CITY OF SAN JUAN CAPISTRANO,
., COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED. IN BOOK
565, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER SAID LAND,
TOGETHER WITH THE. INCOME ACCRUING THEREFROM, AS RESERVED IN THE
DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550 OF OFFICIAL
RECORDS AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF
OFFICIAL RECORDS.
THE RIGHT OF ENTRY IN OR UPON THE EXISTING SURFACE OR THAT PORTION
OF THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 300 FEET BELOW SEA
LEVEL, WAS QUIT CLAIMED BY A DOCUMENT RECORDED JULY 31, 1978 IN
BOOK 12779 PAGE 1626 OF OFFICIAL RECORDS.
PARCEL D:
FIVE (5) CONDOMINIUMS COMPOSED OF:
PARCEL 1:
UNITS 28 THROUGH 32 AS SHOWN AND DEFINED ON A CONDOMINIUM PLAN
RECORDED DECEMBER 15, 1987 AS INSTRUMENT NO. 87-693145 OF
OFFICIAL RECORDS, OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
AN UNDIVIDED FIVE/THIRTY-EIGHTHS (5/38THS) INTEREST IN AND TO LOT
1 OF TRACT NO. 12736, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 565,
PAGES 39 TO 41, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS
"COMMON AREA" ON THE ABOVE SHOWN CONDOMINIUM PLAN.
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND,
TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD
L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED
JUNE 8, 1956, IN BOOK 3538, PAGE 550, OFFICIAL RECORDS OF SAID
COUNTY, AND RE-RECORDED JULY 20, 1956, IN BOOR 3584, PAGE 339,
OFFICIAL RECORDS OF SAID COUNTY. THE RIGHT OF ENTRY UPON THE
EXISTING SURFACE AND THAT PORTION OF THE SUBSURFACE OF .SAID LAND
ABOVE A CEPTH OF 300 FEET BELOW SEA LEVEL WAS QUIT CLAIMED BY
DOCUMENT RECORDED JULY 31, 1978, IN BOOK 12779, PAGE 1626,
OFFICIAL RECORDS OF SAID COUNTY.
32-73019-03 -6-
EXHIBIT "A" (CONTINUED)
ALSO EXCEPTING -THEREFROM ALL UNRESERVED AND UNEXCEPTED OIL, OIL
RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL..GAS RIGHTS AND OTHER
. HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL
PRODUCTS. DERIVED.FROM ANY OF THE FOREGOING, THAT..MAY.BE WITHIN OR
UNDER SAID -LAND, TOGETHER WITH THE PERPETUAL RIGUT. OF DRILLING,
MINING, EXPLORING. AND OPERATING THEREFOR. AND.. STORING IN AND
REMOVING THE SAME FROM SAID LAND OR FROM ANY OTHER LAND, INCLUDING
THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS
OTHER THAN. SAID_ LAND OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO,
THROUGH AND ACROSS THE SUBSURFACE OF SAID LAND AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS OF SAID LAND, AND
TO REDRILL, TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE
ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER
THREE HUNDRED (300) FEET OF THE SUBSURFACE OF SAID LAND.
32-73019-03 -7-
EXEAAPi
"City
copy"
opr 1 88-076737
czo
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
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
MARY ANN A OVER, City Clerk
San Juan pistrano, California
PROJECT: Final .%tap, Tract 12262
(Glenfed)
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 Glenfed
Development Corporation whose mailing address is: 16601 Ventura Blvd., Encino, CA
91436, hereinafter called the "DEVELOPER".
WITNESSETH:
WHEREAS, the CITY has conditionally approved Final Map, Tract 12262; and
WHEREAS, DEVELOPER desires to postpone the installation of the public
and/or private improvements for Final Map, Tract 12262 until after the CITY's
acceptance 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 Final Map, Tract 12262 will be installed in
a timely manner.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at its sole cost and expense, provide and furnish all
labor, materials and equipment for the installation of improvements for Final Map, Tract
12262 shown on the Improvement Plans and Specifications approved by the CITY; all such
plans and specifications are on file in the office of the City Engineer and are
incorporated herein by reference. "Improvements" include but are not limited to: design
and construction of the improvements to La Novia to the project boundary by November,
1988, and construction of La Novia from the project boundary to Valle Road prior to the
issuance of the Use and Occupancy Permit for the 401st dwelling unit; all off-site
grading work; paving of all streets, alleys and public service easements; construction of
concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary
sewerage facilities; installation of underground conduit street lighting system;
installation of all street signs; the supplying and planting of all parkway trees; the
installation of all appurtenances; the furnishing of all engineering costs and services to
do and complete said work; and to do and complete all other acts and obligations required
by the CITY as condition of the approval of the project. The City Engineer shall
determine the estimated costs of said improvements to be used for the security required
herein.
r88-076T37 PROJECIWal Map, Tract 12262
2. DEVELOPER shall at its sole cost and expense, provide and install all on-
site water mains and appurtenances and shall provide all labor and materials to connect
the same to existing mains and facilities of the Capistrano Valley Water District, in
accordance with all of the requirements of said District.
3. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinance and resolutions as conditions of approval of Tract 12262 and the improvements
therefor.
4. DEVELOPER shall provide the following sureties, all of which shall meet
the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a
faithful performance surety in an amount equal to the total estimated cost of work for
improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a
subdivision faithful performance surety equal to the total estimated cost of work and
improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the
total estimated cost of work and improvements to be dedicated to the CITY securing
payment to the contractor, any sub -contractors and persons providing equipment, labor
and/or materials for and/or account of such improvements; and (d) A Faithful
Performance - Public Works Surety in an amount equal to the total estimated cost of
work to monument tract boundaries, open space areas and public street center lines.
The surety bonds shall provide that CITY, as beneficiary, shall be entitled to
attorney's fees in the event that CITY is required to bring legal action to enforce the
terms of the surety.
5. The City Engineer of the City of San Juan Capistrano may make such
changes, alterations or additions to the plans and specifications for said work and
improvements which do not exceed ten percent (10%) of the total estimated cost set
forth in paragraph 4 above, as may be determined necessary and desirable by him for the
proper completion of said work and improvement or as required for the safety and
welfare of the public and no such changes, alterations or additions shall relieve the
DEVELOPER from the faithful performance of this agreement.
6. DEVELOPER agrees to complete all of said work and improvement and to
pay all costs specified herein within a period of 365 days from the date of this
agreement. If additional time is needed, an extension may be granted by the City
Engineer on the showing of good cause. Any such extension shall, however, be subject to
all of the terms and conditions of this agreement, and any surety or other security shall
continue in full force and effect until the work and improvement has been accepted by
the CITY.
7. DEVELOPER agrees that CITY may, without any notice, and at its sole
option, at any time after the time for completion has passed, complete, or cause to be
completed, all or any part of the said work, and DEVELOPER shall pay to said CITY,
upon demand, all of the cost of any of said work done by the CITY, its agents and
contractors, or any of them, to complete all or any part of said work.
8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as
reasonable 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.
QQ_UNT PROJECI4nal Map, Tract 12262
9. CITY, its officers and employees, except for their own acts shall not be
liable or responsible for any accident, loss or damage happening or occurring to the
improvements specified in this agreement prior to the completion and acceptance of said
improvements by the CITY.
10. DEVELOPER shall perform all work in a safe workmanlike manner and
shall take such precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
II. DEVELOPER shall hold CITY, its officers and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors,
agents or employees in the performance of this agreement.
DEVELOPER shall maintain liability insurance in the amount of $1,000,000
combined single limit at all times during the life of this agreement, naming the CITY as
a co-insured.
12. CITY agrees, in consideration of the promises herein made by
DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements
for 365 days until February 16 , 19 89.
IN WITNESS WHEREOF, the parties have executed this agreement as of
Fekry�pxy . 16, 1988
Date
CITY JUAN CAPISTRANO
ANTRO .BLAND, MAYOR
ATTEST:
DE
MARY ANY/1-iANOVER, CITY CLERK BY
APPROVED AS TO FORM:
TAK FUJII
BY .1J• R
GLE FED DEVELOPMENT
CORPORATION
ROSS WILLARD
le,—
88-076l3l
IN
Kil
.PL45 p" FEB 22 r88
CA(Rr
a
CAT. NO. NNO0737
TO 1945 CA (8-84)
(Corporation) 9P TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTYOF Los Angeles SS.
On February 8, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared Tak Fu i i i
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the _Sr. Vice
President, and Rns s W i l l a rd
personally known to me or
OFFICIAL L
proved to me on the basis of satisfactory evidence to be
ANGELA M. RYBKA
Ac ergQ�1 who xecuted the within instrument as the
As s� res
_
NOTARY PUBLIC - CALI OHNiA
.Vice . of the Corporation
PRINCIPAL OFFICE IN
that executed the within instrument and acknowledged
LOS ANGELES COUN fY
to me that such corporation executed the within instru-
Mr Commission Exp. Nov. 6, 1930
ment pursuant to its by-laws or a resolution of its
board of dire rs.
WITNESS to h Ind and o ficial seal.
Signature
CORPORATE ACKNOWLEDGMENT
State of California
County of
Orange
I
SS.
-
orrlcl
Gl7 cc c . PuV 11, 1989
(This area for official notarial seal)
NO 202
On this the 16t day of February 198B_, before me,
A. Johnson
the undersigned Notary Public, personally appeared
L. Bland and Mary Ann Hanover
iI personally known tome
L 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 a77
Y Y or on behalf Ofth rlorporalfPoniherein
municiPP
named, and acknowledged to me that the/corporatron executed it.
my hand and official
0
1120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIA • PO B.+ 4625 • Woodland H,IIS CA 91365-4625
0 0
parking, landscaping, and lighting improvements at the southeast comer of El Homo Street
and El Camino Real (Library) by Advanced Construction to be complete:
RESOLUTION NO, 95-9-19-1. COMPLETION OF THE HO NO
(LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION) - 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 EL
HORNO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION
The Resolution accepted the work as complete in the amount of $237,355.56 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the retention in the amount of $11,867.78 thirty-five (35) days after
recording the Notice of Completion.
• �_:: Ill_ ►�. • ; ill ; _ :. • :_ . 11 •
As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities
Director, the following Resolution was adopted accepting the completion of the 1995 Weed
Abatement Program for the City by Stewart & Associates:
• y •► • • • •�I' •• • "Off •
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 1995
WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES)
The Resolution accepted the work as complete in the amount of $14,836. 10 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 $1,483.61 thirty-five (35) days after recording
the Notice of Completion.
As set forth in the Report dated September 19, 1995, from the Engineering and Building
Director, the following Resolution was adopted declaring the private street improvements
within Tracts 12262 and 12423 by CCL Realty Ltd. to be complete:
Ctv Council Minutes -4- 9/19/9
RESOLUTION NO 95-9-19-3 COMPLETION OF PRIVATE
IMPROVEMENTS- aELEASE OF BOND - TRACTS 12262 AND 12423
(CCL REALTY LTD.) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS WITHIN
TRACTS 12262 AND 12423 (CCL REALTY LTD.)
The Resolution accepted the work as complete and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was authorized to release the remaining
corresponding securities in the amounts of $34,030 and $27,150 for Tracts 12262 and 12423,
respectively, thirty-five (3 5) days after recording the Notice of Completion.
As set forth in the Report dated September 19, 1995, from the Engineering and Building
Director, the contract for the asphalt concrete overlay of Calle Arroyo from La Novia Avenue
to Avenida Siega was awarded to the lowest responsible bidder, All American Asphalt, in the
amount of $128,090.50. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
i M 1 1 !► .11 1
As set forth in the Report dated September 19, 1995, from the Engineering and Building
Director, the contract for the Spring Street Drainage Improvements was awarded to the
second -lowest responsible bidder, Atlas -Allied, Inc., in the amount of $23,915.00. All other
bids were rejected. The Mayor and City Clerk were authorized to execute the contract on
behalf of the City.
Also received was a letter dated September 11, 1995, from Steve Cappello, who was the low
bidder on this project, requesting an opportunity to address this contract before the Council.
Mr. Cappello noted the engineer's estimate was $13,800 and his bid was $13,200. He noted
that mistakes were made and requested his bond not be attached. Mr. Scarborough indicated
he would meet with Mr. Cappello to work out a solution.
As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities
Director, the specifications were approved for the purchase of the following vehicles for the
City. Staff was authorized to call for bids.
City Council Minutes -5- 9/19/95
0 0
. AGENDA ITEM September 19, 1995
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Resolution, Notice of Completion, Final Report and Release of Surety, Tracts 12262
and 12423 - CCL Realty, Ltd.
RECOMMENDATION
1. Determine completion of the private street improvements.
Authorize the release of the remaining corresponding securities of $34,030 and $27,150 for
Tracts 12262 and 12423 respectively, 35 days after recording of a Notice of Completion.
Authorize the City Clerk to file a Notice of Completion with the Orange County Recorder.
SITUATION
GA
a]
Summary and Recommendation
CCL Realty has requested the City to release the remaining sureties held by the City for the
private street improvement work. All required improvements have been inspected and
satisfactorily completed. Staff recommends release of the corresponding Certificate of
Deposit listed below:
SURETY COVERAGE
TRACT
EXISTING
AMOUNT
% TO BE
RELEASED
Time Certificate of Deposit
12262
$34,030
100%
Time Certificate of Deposit
12423
$27,150
100%
Background
In 1993, Glenfed Development Corporation sold 97 buildable lots within Tracts 12262 and
12423 (Area E & F) to CCL Realty, Ltd., for whom Newport National Corporation is the
builder. Prior to the sale, Glenfed had completed most of the public and private street
improvement work required by the Tracts' Improvement Agreements, and securities were
reduced accordingly by the City in July and August of 1992.
FOR CITY COUNCIL ACENT*4 .
0 0
AGENDA ITEM
September 19, 1995
Page 2
The City continues to retain in force, at full value, the Performance and Labor and Material
bonds posted by the original developer, Glenfed, for the public street improvement work
within the subject tracts for the following value:
Tract 12262, Public Street Improvement Bonds for $64,615
Tract 12423, Public Improvement Bond for $74,680
The public streets within the two tracts are a section of Via Cerro Rebal in Tract 12262, and
a section of La NoviaAvenue in Tract 12423.
It is Staff recommendation to approve the release of CCL Realty Ltd. remaining securities
regarding the private street improvement work, since all such work has been completed to
the satisfaction of the City Engineer.
1.Ili ORIOAUTOW1 1�►L�
FINANCIAL CONSIDERATIONS
None
NOTIFICATION
CCL Realty, Ltd.
Mesa Vista South Townhome Association
Mesa Vista North Townhome Association
ALTERNATE ACTIONS
Adopt the Resolution.
2. Do not adopt the Resolution.
Refer to Staff for additional information.
AGENDA ITEM
September 19, 1995
Page 3
RECOMMENDATION
1. Determine completion of the private street improvements.
2. Authorize the release of the remaining corresponding securities of $34,030 and $27,150 for
Tracts 12262 and 12423 respectively, 35 days after recording of a Notice of Completion.
3. Authorize the City Clerk to file a Notice of Completion with the Orange County Recorder.
Respectfully Submitted: Prepared §5:
s(i
William M. Huber, P.E. Shoucatr
Director of Engineering & Building mor Engineer
WMH/SS:ssg
attachment: Resolution
Notice of Completion
Location Map (Exhibit A)
a:\agendas\9-19glfd.ss
•
RESOLUTION NO. 95-9-19-3
Mao Id'Idw ; t L I I DIMA ;31 IRt
:4.1 a �No
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN
ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS WITHIN TRACTS
12262 AND 12423 (CCL REALTY LTD)
WHEREAS, on February 16, 1988, the City of San Juan Capistrano entered into two
Improvement Agreements with Glenfed Development Corporation providing for the construction of
certain public and private improvements within Tracts 12262 and 12423; and,
WHEREAS, on April 20, 1993, the City Council of the City of San Juan Capistrano
approved the transfer and assignment of said Improvement Agreements from Glenfed Development
Corporation to CCL Realty Ltd.; and,
WHEREAS, CCL Realty Ltd. has requested that the City determine that the private
street improvement work within Tracts 12262 and 12423 is complete and that the remaining sureties
be released. These sureties are as follows:
134671 Time Certificate of Deposit for private $34,030
street improvements within Tract 12262
134674 Time Certificate of Deposit for private $27,150
street improvements within Tract 12423
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does as follows:
SECTION I. That the works of improvement required to be performed by said
developer have been completed.
SECTION 2. That the completed private work is approved.
SECTION 3. That the sureties described above may be fully released 35 days after
recording of a Notice of Completion.
SECTION 4. 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 19th day of
tember .1995.
CAROLYN ASH, MAYOR
ATTEST:
-2-
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.
95-9-19-3 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of September 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOIWSON,CITY CLERK
-3-
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October 31, 1995
Mr. Charles Kluger
CCL Realty
2010 Main Street, Suite 960
Irvine, California 92714
Dear Mr. Kluger:
�'- ImurrNnu
,nNu,rlo 1461
1776
MEMBERS OF THE CRY COUNCIL
COLLENE CAMPBELL
WVATT HART
OIL JONES
CAROLYN NASH
DAVID SWERDUN
m.na
%iaa4:3
Per City Council Action of September 19, 1995, the following Time Certificates of Deposit have been
released effective October 31, 1995:
1 N:111M 05181812IIM
134671 (Tract 12262) $34,030
134674 (Tract 12423) $27,150
_A
If you have any questions, please do not hesitate to call me a
CCL CONSTRUCTION, INC.
Very truly yours,
1/� A ,ate,• �/ i A CHARLIE KLUGER
DIRECTOR OF CONSTRUCTION
Dawn M. Schanderl 2010 MAIN STREET, SUITE 960
IRVINE. CA 82714
Deputy City Clerk Lc. a 703642
cc: Cheryl Johnson, City Clerk 714 553-3214 (EXT. 13) FAX: 714 253772
Sam Shoucair, Senior Engineer
William Huber, Director of Engineering & Building Services
This is to acknowledge that I have received Time Certificates of Deposit Nos. 134671 and 134674
issued by Security National Bank, Newport Center 0169.
Charles Kluger, CC Realty
Dated this / of November, 1995.
CCL
November 10, 1995
mcle'l
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn. Ms. Dawn Schanderl
Deputy City Clerk
Re: Letter of Credit
Project: Ridge Crest, San Juan Capistrano, California
Dear Ms. Schanderl:
As an officer of CCL Realty (California) Ltd., this letter authorizes the City of San Juan
Capistrano to release the Letter of Credit to Mr. Charles W. Kluger, an employee of CCL. I have
enclosed a Certificate of Secretary naming the officers of CCL Realty (California) Ltd. for your
files.
If you have amv questions, please contact our office at (714) T2-9100.
\'en• truly yours,
CCI. REALTY (CALIFORNIA) LTTE.
David Chang
President
DC/ads
Enc.
c: Charles W. Kluger
2010 Main Street, Suite 960, Irvine. CA 92714 ♦ (714) 752-9100 ♦ FAX(714)752-5333
0
CERTIFICATE OF SECRETARY
OF
CCL REALTY (CALIFORNIA) LTD.,
a California corporation
The undersigned, hereby certifies that the following persons are the duly elected
officers of said corporation:
President:
Vice President:
Vice President:
Treasurer (Chief Financial Officer)
Secretary:
DAVID CHANG
FRANK E. ECKERT
JOSEPH A. RICHTER
FRANK E. ECKERT
DAVID CHANG
IN WITNESS WHEREOF, the undersigned has execvted this instrument on this
2nd day of November, 1405.
CER7_OF.SEC
DAVID CHANG
Secretan.
E
(R. 02-N.v-95, 01:38p)
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Pay to the order of CCL Realty
(California) LTD without recourse.
City of San Juan Capis rano
BY (�J� G . )L
Cynoia L. Pendleton,
City Treasurer
is 0
qvm� --,
Aonrovid of Year lg CDBG Opernt ig Agreement_
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Year IS CDBG Operating Agreements in the amount of $75,000 in funding be approved
for the rehabilitation of mobile homes (550,000) and the rehabilitation of private properties for low- and
moderate -income residents ($25,000). The Mayor was authorized to execute the Agreements on behalf
of the City.
[bli L y• L• lwl qL4Igm-labraell Itell l el
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, recommending that
Assignment Agreements be approved with Glenfed and CCL Realty to transfer the responsibilities for
completion of the remaining public and private improvement work require . by the tracts' Improvement
Agreements from Glenfed to CCL Realty. Staff based its recommendation , the fact that the majority
of the private and public improvements had already been completed by t :afed, with the remaining
work to be completed by the new builder prior to the issuance of Certificates of Occupancy.
Adontion of Resolution Approving Assignment of Improvement Agreement for Tract 12252
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
(TRACT 12262) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORaTION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nath, Vasquez, and Mayor Jones
NOES: Now
ABSENT: None
Adoption of Resolution Approving Assignment of ImllQg m nt Agreement for Traci 12423:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
(TRACT 1=1 - A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
SANJUAN CAPISTRANO, CALIFORNIA, APPROVING THEASSIGNMENT OF
IMPRO V EWEN rAGREEMENPTO TRANSFER ALL OBLIGATR7NS, DUTIES,
AND Rk :i TS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFOR ',A CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
City Council Minutes -8- 3/20 �1
PA
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez and Mayor Jones
NOES: None
ABSENT: None
Written Communications:
(1) Report dated April 20, 1993, from the Director of Engineering and Building, recommending
that the proposed Residential Rental Inspection Ordinance be modified to become a Property
Maintenance Ordinance, which would retain the health and safety elements of the Residential
Rental Inspection Ordinance but eliminate the annual inspection program. Staff also
recommended that representatives of homeowners associations be encouraged to augment and
expand their property management functions to aggressively and effectively enforce their
CC&R's and to provide more direct management and enforcement of occupancy and use
regulations within their communities.
(2) Letter dated April 20, 1993, from Karen Jackie of Paul Jackie & Associates, 18652 Florida
Street, Suite 360, Huntington Beach, in support of the staff recommendations and offering
suggestions regarding enforcement and consideration of alternatives.
(3) Letter dated April 16, 1993, from Blanche Cbestek, 26438 Paseo Carmel, requesting the Citys
assistance in resolving problems at the Capistrano Villas.
Mr. Huber made an oral presentation. He noted that the proposed Property Maintenance Ordinance
would be enforced on a complaint basis by the City's Code Enforcement Officer and would apply City-
wide to all residential property.
Council Comments
Council Member Campbell expressed concern whether the proposed Ordinance would be strong enough
to address existing problems in certain areas of the City. Mr. Huber felt it would be a good start in that
direction with staff monitoring its effectiveness before recommending any stronger enforcement. In
addition, staff would continue to work with the homeowners associations through the Neighborhood
Preservation Program regarding how the association could better approach the problems. Council
Member Campbell stated that many homeowners associations lads effective management. She advised
that she has beett contacted by residents who are frustrated with problems occurring in their
development and who lack an understanding of the CC&R's and bow to get problems resolved. fir.
Scarborough noted that in many eases, a development's CC&R's are more strict and more enforceable
than City law, and that homeowners associations must be urged to exon their own authority to resolve
throve problems. Individual complains can be handled on a ase -by -ease basis by contacting the Code
EaWeeemem Officer. the City Manager's Office, or the Shama Depatemeau. Mayor Jones
recommended that tenants be provided with a list of the mama and phone ambers of their
homeowners association board members. Council Member Vasquez suggested that homeowners
association be requested to publish information about the City's program in their newsletter to
encourage more tem st participation.
(1) Erica C. Pierce, representing the Apartment Association of Orange County, 12822 Garden
Grove Blvd., Suite D, Garden Grove, spoke in support of the staff recommendation. She aoied
the Association's letter dated April 14, 1993, in opposition to the City previously proposed
Rental Inspection Ordinance. She stated that homeowners associations have more control o%cr
City Council Minutes -9- i; .0 , t
0 0
AGENDA ITEM April 20, 1993
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Approval of Assignments of Improvement Agreement, Tracts 12262 and
12423, GlenFed Development Corporation and CCL Realty Ltd.
RECOMMENDATION
By resolution, approve the proposed Assignments of Improvement Agreement from
GlenFed Development Corporation to CCL Realty Ltd.
SITUATION
A. Summary and Recommendation
GlenFed Development Corporation sold 97 buildable lots within Tracts 12262 and
12423 to CCL Realty Ltd. for whom Newport National Corp. is the builder. GlenFed
completed the majority of the public and private improvement work required by the
tracts' Improvement Agreements (Exhibits C1 and C2) and the bonds were reduced
accordingly.
G1enFed's remaining bonds were released and the City accepted the substitute
sureties submitted by CCL Realty. In order to transfer the responsibilities for
completion of the remaining work, it is necessary for an assignment agreement to be
executed by both GlenFed and CCL Realty as well as by the City.
B. Background
On February 17, 1988, the City Council approved the Final Map for Tracts 12262 and
12423, as well as the corresponding Improvement Agreements with GlenFed
Development Corporation who was the original developer of said tracts. The
majority of the construction work required by the Improvement Agreements was
completed by GlenFed and the corresponding sureties held as bonds were reduced
accordingly by the City in July and August, 1992.
About a year ago, GlenFed was in the process of selling the remaining empty,
buildable lots of these tracts to CCL Realty Ltd. for whom Newport National
Corporation is the development/ construction manager. The requirement of the
escrow for selling these properties was that GlenFed's sureties be replaced by the
new proprietors. Consequently, these remaining sureties were fully replaced with
certificates of deposit from CCL Realty Ltd. on November 3, 1992.
The Improvement Agreements do not allow the developer to transfer his
construction improvement obligations to a third party unless the third party's name
and mailing address are incorporated into the agreements. In order to transfer all
obligations, duties and rights from GlenFed to CCL, two Assignments of
FOR CITY COUNCIL AGEN ��
AGENDA ITEM • •
April 20, 1993
Page 2
Improvement Agreement (Exhibits B1 and B2), signed by both parties, were
submitted to the City with a request for review and execution. The Assignments
have been reviewed by staff and City Attorney and appear to be appropriate.
It is staff's recommendation to approve the request for approval of assignments in
view of the fact that the majority of the private and public improvement work has
already been completed by GlenFed and the minor remaining work, including street
and sidewalk repair, would be accomplished by the new builder prior to the release
of certificates of occupancy.
FINANCIAL CONSIDERATIONS
None
NOTIFICATION
GlenFed Development Corporation
CCL Realty Ltd.
Newport National Corporation
ALTERNATE ACTIONS
1. Adopt the resolutions approving the Assignments of Improvement Agreement.
2. Do not adopt the resolutions.
3. Request additional information from staff.
RECOMMENDATION
By resolution, approve the proposed Assignments of Improvement Agreement from
GlenFed Development Corporation to CCL Realty Ltd.
Respectfully submitted,
,�
!/v��� , It
"/,/ �,/,J
William M. Huber, P.E.
'JV WMH/SS:cI
Attachments: 1. Resolution for Tract 12262
2. Resolution for Tract 12423
3. Assignment of Improvement Agreement for Tract 12262 (Exhibit BI)
4. Assignment of Improvement Agreement for Tract 12423 (Exhibit B2)
5. Improvement Agreement of 2/16/88 for Tract 12262 (Exhibit Cl)
6. Improvement Agreement of 2/16/88 for Tract 12423 (Exhibit C2)
7. Location Map (Exhibit D)
RESOLUTION NO. 93-4-20-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ASSIGNMENT OF IMPROVEMENT AGREEMENT TO TRANSFER
ALL OBLIGATIONS, DUTIES AND RIGHTS FROM GLENFED
DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION,
TO CCL REALTY (CALIFORNIA) LTD.
WHEREAS, on February 17, 1988, the city of San Juan Capistrano entered into
an Improvement Agreement with Glenfed Development Corporation, a California
Corporation, providing for the construction of certain public and private improvements
within Tract 12262; and,
WHEREAS, said agreement specifically identifies the developer as "Glenfed
Development Corporation of 16601 Ventura Boulevard, Encino, California 91436; and,
WHEREAS, Paragraph 1 of the agreement indicates that said developer shall,
at its sole cost and expense, provide and furnish all labor, material and equipment for the
installation of all required improvements; and,
WHEREAS, said developer has sold the remaining empty, buildable lots to a
third party prior to completion of all obligations under the agreement; and,
WHEREAS, all necessary sureties required to ascertain completion of the
remaining unfinished improvements have been properly transferred and submitted to the
City; and,
WHEREAS, Glenfed and the third party, CCL Realty Ltd., have requested the
right to assign and be assigned the subject Improvement Agreement from Glenfed
Development Corporation to CCL Realty Ltd.; and,
WHEREAS, the City of San Juan Capistrano has no objection to said
assignment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby approve the proposed transfer and assignment of said
Improvement Agreement from Glenfed Development Corporation to CCL Realty Ltd.
PASSED, APPROVED, AND ADOPTED this
of _April , 1993.
ATTEST:
20th day
i
- I — ----Ies
Be
0 0
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. 93-4-20-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 20th day
of April , 1993, by the following vote:
AYES: Council Members Nash, [lausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 2-&- �t Lj i(tiic/J��_
CHER JOHNSO , CIVY CLERK
-2-
�
L
CITY CLERK'S DEPARTMENT - ACTION REMINDER
T/ZZ6Z
TO: Theodore
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: May 5, 1995
SITUATION:
On February 18, 1988, the City approved an Improvement Agreement with Glenfed Development
Corporation for Final Map, Tract 12262. The Agreement stated that the developer agreed to
complete all of said work and improvements within a period of 365 days from the date of agreement
or February 16, 1989.
On February 24, 1993, agreement was assigned to CCL Realty. Agreement has also been extended
thru the years (list of days in file).
ACTION REQUESTED:
On October 25, 1994, agreement was extended to January 18, 1995.
On January 24, 1995, agreemetn was extended to May 12, 1995.
Please advise this office if agreement will be completed by May 12th or extended.
ACTION TO BETAKEN: ExTcnaE /}�r�<..+cn{��p 5c- '. 15" 17 ?5
DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: SEPT. 8" t 9T5
SIGNATURE OF OFFICIAL TAKING ACTION: —z:s7- 7!5h ,e�J
DATE SIGNED: ! 42 7Z-95
'FOR *FOR CITY" CLERK'S DEPARTMENT USE ONLY"*
*
Tickler Date. 01104195 05105195
Deadline Date: 01118195 05112195
cc: Department Head
City Attorney
(t122621600.30)
Gl%j-yLar
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Theodore Simon f ��Zfis
/-6-9.S
FROM. Dawn M. Schanderl, Deputy City Clerk DATE: January 4, 1995
SITUATION:
On February 18, 1988, the City approved an Improvement Agreement with Glenfed Development
Corporation for Final Map, Tract 12262. The Agreement stated that the developer agreed to
complete all of said work and improvements within a period of 365 days from the date of agreement
or February 16, 1989.
On February 24, 1993, agreement was assigned to CCL Realty. Agreement has also been extended
thru the years (list of days in file).
ACTION REQUESTED:
On October 25, 1994, agreement was extended to January 18, 1995. Please advise this office if
agreement will be completed by January 18th or extended.
ACTION TO BE TAKEN: EK 4+a Rr-�c� '. t Iva, 1 ? /19-5--,
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: A4a2
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: / / L 4 11
***FOR CITYCLERK'SDEPARTMENT USEONLY***
Tickler Date: 01/04/95
Deadline Date: 01/18/95
cc: Department Head
City Attorney
122621600.30)
/-(0-045.60
Page 1
CITY CLERK'S DEPARTMENT -ACTION REMINDER
TO Theodore Simon, City Engineerjoj/- f
FROM Dawn M. Schanderl, Deputy City Clerk DATE: August 24, 1993 j /?VZlo2
SITUATION:
At the meeting of February 16, 1988, the City approved an Improvement Agreement with
Glenfed Development Corporation for Final Map, Tract 1 226 The Agreement states
that developer agrees to complete all of said work and improvements within a period of
365 days from date of this agreement. The 365 day limit expires on February 16, 1989.
ASSIGNED TO CCL REALTY ON FEBRUARY 24, 1993.
On January 16, 1989, Agreement was extended to July 16, 1989.
On June 16, 1989, Agreement was extended to January 16, 1990.
On December 18, 1989, Agreement was extended to July 16, 1990.
On June 22, 1990, Agreement was extended to January 16, 1991.
On December 12, 1990, agreement was extended to June 29, 1991.
On June 13, 1991, agreement was extended to December 12, 1991.
On December 30, 1991, agreement was extended to June 30, 1992.
On June 4, 1992, agreement was extended to December 29, 1992
On October 26, 1992, agreement was extended to August 31, 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 August 31st or extended.
ACTION TO BE TAKEN: f4�f 76 ✓!fx /19 �7IIJr
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: ,/ay,.
SIGNATURE OF OFFICIAL TAKING ACTION: 1�
DATE SIGNED: _/Q $-
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 1/02/89
6/16/89
12/16/89
6/16/90
12/16/90
Deadline Date: 2/16/89
7/16/89
1/16/90
7/16/90
01/16/91
06/01/91
12/01/91
06/01/92
12/15/92
08/24/93
06/29/91
12/12/91
06/30/92
12/29/92
08/31/93
Rage 2
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Theordore Simon, City Engineer
FROM: Dawn Schanderl, Deputy City Clerk DATE: September 16, 1995
SITUATION:
Summary on Page 1
ACTION REQUESTED:
On October 6, 1993, agreement was extended to December 21, 1993.
On December 13, 1993, agreement was extended to March 11, 1994.
On March 7, 1994, agreement was extended to September 30, 1994.
Please advise this office if agreement will be completed by September 30th 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: 12/07/93
Deadline Date: 12/20/93
cc: City Attorney
Department Head
(600.30/t12262)
q11 c.I Q4 a/► -n.4--_
03/04/94 09/16/95
03/11/94 09/30/95
. ,
4
EA9Ad -�l
Page 2
&/L Z 0 Z-
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO:�^dore Simon, City Engineer �TC/S '/' �
FROM - awn Schanderl, Deputy City Clerk DATE: March 4, 1994
SITUATION:
Summary on Page 1
ACTION REQUESTED:
On October 6, 1993, agreement was extended to December 21, 1993.
On December 13, 1993, agreement was extended to March 11, 1994.
Please advise this office if agreement will be completed by March 11th or extended.
ACTION TO BE TAKEN: Zy ✓ Vl J 30
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:?/) /�/ /995 -
SIGNATURE OF OFFICIAL TAKING ACTION: 17� 5 -
DATE SIGNED: 3 7 9
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/07/93 03/04/94
Deadline Date: 12/20/93 03/11/94
cc: City Attorney
Department Head
(600.30/t 12262)
,3/4194-A/a
Page 1
• •
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Theodore Simon, City Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: August 24, 1993
SITUATION:
At the meeting of February 16, 1988, the City approved an Improvement Agreement with
Glenfed Development Corporation for Final Map, Tract 12262. The Agreement states
that developer agrees to complete all of said work and improvements within a period of
365 days from date of this agreement. The 365 day limit expires on February 16, 1989.
ASSIGNED TO CCL REALTY ON FEBRUARY 24, 1993. 4EE�'--
On January 16, 1989, Agreement was extended to July 16, 1989.
On June 16, 1989, Agreement was extended to January 16, 1990.
On December 18, 1989, Agreement was extended to July 16, 1990.
On June 22, 1990, Agreement was extended to January 16, 1991,
On December 12, 1990, agreement was extended to June 29, 1991.
On June 13, 1991, agreement was extended to December 12, 1991.
On December 30, 1991, agreement was extended to June 30, 1992.
On June 4, 1992, agreement was extended to December 29, 1992
On October 26, 1992, agreement was extended to August 31, 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 August 31st 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: 1/02/89
6/16/89
12/16/89
6/16/90
12/16/90
Deadline Date: 2/16/89
7/16/89
1/16/90
7/16/90
01/16/91
06/01/91
12/01/91
06/01/92
12/15/92
08/24/93
06/29/91
L2/12/91.
06/30/92
12/29/92
08/31/93
Page 2 -/ Z7 Cilt
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Theordore Simon, City Engineer iz_/0-93/Q/J
FROM: Dawn Schanderl, Deputy City Clerk DATE: D A� ��
SITUATION:
Summary on Page 1
ACTION REQUESTED:
On October 6, 1993, agreement was extended to December 21, 1993.
Please advise this office if agreement will be completed by December 21st or extended.
ACTION TO BE TAKEN: 4r&AV A&IM.`NT AP AlRt l/ / /994
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: MIiQ `� l99¢
SIGNATURE OF OFFICIAL TAKING ACTION: Y
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/07/93
Deadline Date: 12/20/93
cc: City Attorney
Department Head
(600.30/t12262)
17%/0/43
451�
wPage 1 • •
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO,
Theodore Simon, City Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: August 24, 1993
SITUATION:
At the meeting of February 16, 1988, the City approved an Improvement Agreement with
Glenfed Development Corporation for Final Map, Tract 12262. The Agreement states
that developer agrees to complete all of said work and improvements within a period of
365 days from date of this agreement. The 365 day limit expires on February 16, 1989.
ASSIGNED TO CCL REALTY ON FEBRUARY 24, 1993.
On January 16, 1989, Agreement was extended to July 16, 1989.
On June 16, 1989, Agreement was extended to January 16, 1990.
On December 18, 1989, Agreement was extended to July L6, 1990.
On June 22, 1990, Agreement was extended to January 16, 1991.
On December 12, 1990, agreement was extended to June 29, 1991.
On June 13, 1991, agreement was extended to December 12, 1991.
On December 30, 1991, agreement was extended to June 30, 1992.
On June 4, 1992, agreement was extended to December 29, 1992
On October 26, 1992, agreement was extended to August 31, 1993.
ACTION REQUESTED:
The agreement states that if additional time is
the City Engineer on the showing of good cause.
will be completed by August 31st or extended.
ACTION TO BE TAKEN:
needed an extension may be granted by
Please advise this office if agreement
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION.
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 1/02/89
6/16/89
12/16/89
6/16/90
12/16/90
Deadline Date: 2/16/89
7/16/89
1/16/90
7/16/90
01/16/91
06/01/91
12/01/91
06/01/92
12/15/92
08/24/93
06/29/91
12/12/91
06/30/92
12/29/92
08/31/93
/'
CITY CLERK'S DEPARTMENT - ACTION REMINDER L
I
TO: Theodore Simon, City Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: December 15, 1992
SITUATION:
At the meeting of February 16, 1988, the City approved an Improvement Agreement with
Glenfed Development Corporation for Final Map, Tract 12262. The Agreement states
that developer agrees to complete all of said work and improvements within a period of
365 days from date of this agreement. The 365 day limit expires on February 16, 1989.
On January 16, 1989, Agreement was extended to July 16, 1989.
On June 16, 1989, Agreement was extended to January 16, 1990.
On December 18, 1989, Agreement was extended to July 16, 1990.
On June 22, 1990, Agreement was extended to January 16, 199L.
On December 12, 1990, agreement was extended to June 29, 1991.
On June 13, 1991, agreement was extended to December 12, 1991.
On December 30, 1991, agreement was extended to June 30, 1992.
On June 4, 1992, agreement was extended to December 29, 1992
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 December 29th or extended.
ACTION TO BETAKEN: & X a?4,P 44C C AV A/% %0 DEC 7r i F 93
DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: DEC 7 / 9 9>
r
SIGNATURE OF OFFICIAL TAKING ACTION: /; �i--
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 1/02/89 6/16/89 12/16/89
Deadline Date: 2/16/89 7/16/89 1/16/90
06/01/91 12/01/91
06/29/91 12/12/91
cc: City Attorney
Assistant City Manager
Department Head
(600.30/t 12262)
06/01/92
06/30/92
6/16/90 12/16/90
7/16/90 01/16/91
12/15/92
12/29/92
1-1
L
October 26, 1992
Mr. Mark Knepper, Vice President of Finance
Newport National Communities
5962 La Place Court, Ste 200
Carlsbad, CA 92008
Re: Tract 12262 and 12423 (Glenfed) Improvement Agreement
Dear Mr. Knepper:
7
MEMBERSOF THE CITY COUNCIL
KENNETH EFRIESS
JERRY MA KRIS
GARY HAUSOORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B JULIAN
The October 15, 1992 request to extend the dates of completion of work and
improvements for the Improvement Agreements of the subject tracts has been
reviewed. Extensions have, therefore, been granted in accordance with the
agreements as follows:
Tract 12262 Extended to August 31, 1993
Tract 12423 Extended to November 30, 1993
Submittal of the agreement assignment forms and the appropriate sureties is
anticipated to facilitate the assignment process.
Very truly yours,
Theodore G. Simon
City Engineer
TGS:ssg
cc: Richard Denhalter
William M. Huber
Dawn Schanderl ✓
Dan McFarland
Sam Shoucair
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171
Leage: 1 or l� issue Date
PRODUCER
`
LD -66 -DY f
THIS CERTIFICATE ISSUED AS A MATTER OF
PHIL B. ROBINSON INSU
CE
INFORMATION ONLY CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE
2402 MICHELSON DR. #175
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
IRVINE CA 92715
AFFORDED BY THE POLICIES BELOW.
[Companies Affording Coverage]
INSURED
Company A GERLING AMERICA INSURANCE CO.
CCL HOLDINGS (USA) LTD., CCL
Company B CALIFORNIA COMPENSATION INS.CO.
REALTY LTD.,& CCL REALTY II LTD
Company C
2010 MAIN ST.
CA 92714
Company D
Company �2 2 Z
IRVINEE,,
E
COVERAGESThis is to certify that the Policies of
Insurance listed beYow have been issued to the Insured named above for the
policy period indicated,
notwithstanding any requirement, term or condition
of any contract or other
document with respect to which this certificate may
be issued or may pertain, the insurance afforded by the policies described
herein is subject to all
the terms, exclusions and conditions of such
policies. Limits shown may have been reduced by paid claims.
CO
TYPE of INSURANCE
POLICY NO.
POLICY
POLICY
LIMITS
LTR
EFF DATE
EXP DATE
GENERAL LIABILITY
8020024GLP
9-12-94
9-12-95
Genl Aggr .$2,000,000
[A]
[/]Commercial Gen Liab
Pd-Cp/Op Ag$1,000,000
J ]Clms Md [,,,(]Occur
P1&Adv.Inj.$1,000,000
[A]
rW]Owner's & Contract.
Each Occ. $1,000,000
Protection
FireDam/lfi$100,000
[ l
[ ].
Med Exp/lpr$5,000
AUTOMOBILE LIABILITY
CSL $
[ ]
[ ]Any Auto
[ ]
[ ]All Owned Autos
BI/person $
[ ]
[ ]Scheduled Autos
[ ]
[ ]Hired Autos
BI/accdnt $
[ ]
[ ]Non -Owned Autos
[ ]
[ ]Garage Liability
Prop.Damg. $
[A]
EXCESS LIABILITY
8030006CUP
9-12-94
9-12-95
Each Occr. $4,000,000
[.]Umbrella Form
Aggregate $4,000,000
[ ]Other than Umb Form
Y' ]9TATtJ'fO1. AY LIMITS
[B]
WORKER'S COMPENSATION
W949110492
9-1-94
9-1-95
Ea. Acc. $3.f000,000
AND
Dis.Pol. x;,000,000
EMPLOYER'S LIABILITY
Ea.Emgl. $3� 000,000
[A]
OTHER PROPERTY & COC
8010024IMP
9-12-94
9-12-95
`r,` $5a2 000
T,
DESCRIPTION of Operations/Locations/Vehicles/Spacial Items Z; o
LOCATIONS: RIDGECREST PROJECT, SAN JUAN CAPISTRANO, CA AND EASTRDIGE FgOJECT,
SIMI VALLEY, CA.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED in
CERTIFICATE HOLDER N,hRk'32.k CANCELLATION: Should any of the above policies be
CITY OF SAN JUAN ti cancelled before the expiration date thereof, the
CAPISTRANO, COMMUNITY issuing company will endeavor to mail [10 ] days
REDEVELOPMENT AGENCY
written notice to the certificate holder named to
32400 PASEO ADELANTO ">€
the left, but failure to mail such notice shall
SAN JUAN CAPISTRANO, CA >':''
impose no obligation or liability of any kind
92675: upon the company, its age r epresentatives.
25-5(7/90) ;n AUTHORIZED REPRESENTATIVE
l
offimm U"
M
September 13, 1994
Mr. Joe Richter
CCL Realty
3991 MacArthur Boulevard, Suite 320
Newport Beach, California 92660
MEMBERS OF THE C:TV CCUNC:L
CCLLENE CAMPBELL
GARYL HAUSDORFER
31L .ONES
CAROLYNNASH
JEFFVASOUEZ
CITU MANAGER
GEORGESCARBOROUGH
1'- 1 • . 11. • 11 I n �. .�.
Dear Mr. Richter:
The General Liability Certificate of Insurance, regarding the above -referenced Improvement
Agreement, is due to expire on September 12, 1994. In accordance with your agreement, the
insurance certificates need to be renewed for an additional period of one year. The agreement
requires a general liability endorsement form naming the City of San Juan Capistrano as an
additional insured. I have included a City approved endorsement form to submit to your insurance
company; however, your insurance company may provide their own endorsement form.
Please forward the updated certificate and the endorsement form to the City, attention City Clerk's
office, by September 28, 1994.
If you have any questions, please contact me at (714) 443-6310.
Thank you for your cooperation.
Very truly yours,
o/' ?'W 2'z41L�,-
Dawn M. Schanderl
Deputy City Clerk
Enclosure
cc: Cheryl Johnson, City Clerk
Sam Shoucair, Civil Engineer
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 9 (714) 493•If71
A a a a /L)' _ ' i"
Producer
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND,
Bryan D. Seltzer Ins Service
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2922 E. Cha man Ave. Ste.107
Orange CA 92669
(714) X289-7676
COMPANIES AFFORDING COVERAGES
Company
Letter A RESURE INC.
Company
Letter B GREAT LAKES REINSURANCE COMPANY
Insured CCLH001-XXX
Company
Letter C
CCL Holdings (USA), Ltd. CCL
Company
Letter D
(Calif)LTD I CCL Realty II(Ca
3991 MacArthur Blvd. Suite
Newport Beach GSA 92660
Company - �� IV rn
Letter E —
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED BR THE3901.I PER-
IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W[TH R SPECT -Q WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T0,21. THE TERMS,
EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS. ta7
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF DATE
POLICY EXP DATE
LIMITS
LTR
(ma/dd/yY)
(mm/dd/yy)
GENERAL LIABILITY
General Aggregate
S 5,000,000
A
[J] Commercial General Liab.
DOL184243
09/12/93
09/12/94
Prod-Comp/Ops Agg
Pers & Adv Injury
$
$
=[ ]Claims Made 01 ]Occur
Each Occurrence
$ 51000,000
[ ] Owner's & Contractors
Fire Damage
$
Protective
(Any one fire)
[ ]
Medical Payments
$
[ ]
(Any one person)
AUTOMOBILE LIABILITY
Combined
$
Single Limit
[ ] Any Auto
Bodily Injury
$
[ ] All Owned Autos
[ ] Scheduled Autos
(Per Person)
[ ] Hired Autos
Bodily Injury
S
[ ] Non - Owned Autos
[ ] Garage Liability
(Per Accident)
[ ]
Property Damage
$
EXCESS LIABILITY
Ea Occurrence $
[ ] Umbrella Form
Aggregate $
[ ] other Than Umbrella Form
WORKER'S COMPENSATION
[ ] Statutory
AND
Each Accident
$
EMPLOYER'S LIABILITY
Disease -Pot Limit
$
Disease -Each Empl
$
B
OTHER PROPERTY COVRG
CN4581DOO
09/10/93
09/10/94
1,5000,000.
ALL RISK ESC
QUAKE AND FLOOD
Descri tion Of0�perations/Locations/Vehicles/Special Items
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED.
any of the above described policies be cancelled before the
ion date thereof, the issuing company will
3 0 days written notice to the certificate holder named to the
AN JUAN CAPISTRANO
EO ADELANTO
:JUAN
Emil
CAPZSTRANO, CA. 92675
zed Representative
SHOOCAIR & DAWN SCHANDR
f�
• •
POLICY NUMBER: DOL184243 COMMERCIAL GENERAL LIABILITY
RESURE INC.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: CITY OF. SAN_ JUAN _CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano,Ca. 92675
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 2010 1185 Copyright, Insurance Services Office, Inc., 1984 ❑
UP- 9-03 `Rt 16.1E SE'--TZER ENT FAX NO. 714+288+0503 R02
•
edOcer
THIS CERTIFICATE 15 IISSUED AS A MATTER OF INfOWTION ONLY AND CONFERS
BIC an D. ghepll��tazer IAe service
ate. 07
Orangm. CIA 91369
(7111 189-7676
W RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AlPIEMP,
EXTEND OR ALTER THE COVERAGE AFFCRDED BY THE POLICIES SELW.
COMPANIES AFFORDING COVERAGES
COMPANIES
LetterY A ASSURE INC.
Insured CCLNO01•XXX
Let�tery 8 GREAT LASNS RNINSURAMB COMPANY
Ccmpww
CCL gg ldialaurSA)# Ltd. CCL
1soAY
309ld
Blvd. OU to
Newport Beach)1 92660
tetter C
Company
et D 7-12--2-& 2—
LeflyLetter
kter E
THIS IS TO CERTIFY THATT ICIES OVINSURAM LISTEDLW-AMEN
ISM TO THE 1 FO MANED AIM FOR THE POLICY P91-
101) INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT NIR OTHER DOCUMENT WITH RESPECT TO URtOI THIS
CURTIPICATE MAY BE ISSUED OR NAY PERTAIN, THE IMMUCE AFFORDED BY THE POLICIES DESCRIBED NEREIM IS SUBJECT TO ALL WE TERMS,
EXCLUSION AND 0=17100 OF SUCH POLICIES. LIMITS NRIOIN
RAT HAVE BEEN AMID BY PAID CLAIMS.
CO
"P` OF IIISIa"L
POLICY NUMBER
POI -ICY EFF DATE
POLICY EXP DATE
LtN175
US.
(t vcwyYl
(Rw&vyy)
CIPERAl LIABILITY
General Aggregate
S 6,000,000
A
[d) CoMRe'rcial General List.
[ )ClailU Node [-170ccur
DOL184243
09/12/99
09/12)94
Prod-CoRp/Ope ABB
Pers i Adv Injury
Each Occurrence
S
S
S 5#000,000
[ OHrlar'a i contractors
Fire Damage
S
Protective
(Any oras fire)
1 I
Medical Payeants
S
L 7
(Airy one Person)
AUTOMOBILE LIABILITY'
Cotbirwd
B
Single Limit
[ I Any Auto
Bodily Inlay
(Per Person)
S
l 1 All Ouled Autos
I 7 Scheduled AUtoa
I I Hired Autos
Gadfly injury
S
[ I Man - Coned Autos
I I Garage Liability
(Per Accident)
I I
Property Damage
S
EXCESS LIABILITY
Ea Occurrence 3
I I UHbrelta Fora
I I Other Than lAr6rallo Fan,
Aggregate S
NORKER•S COMPENSATION
I I Statutory
AND
Each Accident
EMPLOYER16 LIABILITY
bisesae-Pel Limit ;$
Disease -Each EMpI 3
8
OTTHE,RLPROP29TY COVRG
CH4301DOO
09/10/93
09/10/94
1j5000#000.
QU KR AND FLOOD
Description (K ASaADDITIONAL IEBIIABb.
CERTIFICATE BOLDER IS XKkfb
11117- w any of e above described policies be cameek4ed before the
expiration date theraef, the isauing camp" *kill
emit 30 days Vritten notice to the certificate holder rased to the
32400OPASNOO ADDqApELANTOTST>4AAE0 lett
SAB "AN CABISTRAUO# CA. 92695
Authorized Representative�'
ATTN(SAM 6E IR 6 DAME SCHIEDR t
DEC- C-93 SRI 16:17 SEL-ZER ENT.
•
0R
.r%
POLICY NUMBER: DOLi84243
FAX N0. 714+239+0503 P.03
0
COMMERCIAL GENERAL LIABILITY
RESURE INC.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Parson or Organization: CITY =OF S$H_JUAK7CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano,Ca. 92675
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section III) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
70
9
DRUG USE
1s
September 28, 1995
Mr. Charles Kluger
CCL Realty
2010 Main Street, Suite 960
Irvine, California 92714
Jwa,
I�r
rnunwm 1961
1776
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILJONES
CAROLYN NASH
DAVID SWERDUN
CITY MANAGER
GEORGE SCARBOROUGH
Re: Completion of Private Improvements and Release of Bonds - Tracts 12262
and 12423
Dear Mr. Kluger
At their meeting of September 19, 1995, the City Council of the City of San Juan
Capistrano adopted Resolution No. 95-9-19-3, accepting the work completed for the
construction of private improvements within Tracts 12262 and 12423.
A copy of Resolution No. 95-9-19-3 is enclosed for your information.
The Certificate of Deposit for private street improvements within Tract 12262, Surety No.
13467, and the Certificate of Deposit for private street improvements within Tract 12423,
Surety No. 13474, will be released upon the expiration of 35 days from recording of the
Notice of Completion. The Notice was recorded on September 26, 1995; therefore, the
sureties may be released on October 31, 1995.
If you have any questions, please do not hesitate to call.
Very truly yours,
CA
�—
Cheryl Johns
City Clerk
Enclosure
cc: Director of Engineering and Building
Sam Shoucair
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
I
0
September 20, 1995
J�iIAl�IOA�O
o�Nnsxm 1961
1776
CON FORM EO COPY
Not ComparN with afixinat
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
MEMBERS OF THE CIT' COUNCIL
COLLENE CAMPBELL
W ATT HART
OIL JONES
CAROLVN HASH
DAVID S%RDLIN
CRY MANAGER
GEORGE SCARBOROUGH
Recorded in the County of Orange, California
Gary L, Granville, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clerk/RecorderNoFee
19950420397 2;44pm 09/26/95
005 021180 07 12 MB3
N12 1 7.00 0.00 0.00 0.00 0.00 0.00
Re: Notice of Completion - Tracts 12262 and 12423
Gentlemen:
The following document is enclosed for recordation:
N tice oS Compieiion of Private Sireei improvements and Release of Bonds,
Tracts 12262 and 12423 (CCL Realty Ltd)
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,
Chenji Johnson
City Clerk
Enclosure
Document Number
Date
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
�IOIXArAA�o
lliAllll Xf4 1961
1776
EE
April 27, 1993
Mr. Joe Richter
CCL Realty
3991 MacArthur Boulevard, Suite 320
Newport Beach, California 92660
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY HAUSOCRFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Re: Approval of Assignment of Improvement Agreements - Tracts 12262 and 12423
Dear Mr. Richter:
At their meeting of April 20, 1993, the City Council of the City of San Juan Capistrano took
action to approve the two Assignment of Improvement Agreements between CCL Realty
Ltd., and Glenfed Development, for Tracts 12262 and 12423. Enclosed for your files are
copies of Resolution No. 93-4-20-3, which approved the Agreement for Tract 12262, and
Resolution No. 93-4-20-4, which approved the Agreement for Tract 12423. 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 in this matter. If you need arty further information, please
let us know.
Very truly yours,
ch -e-4 �
G1CIO—
Cheryl Johnson
City Clerk
Enclosure
cc: Glenfed Development
Director of Engineering and Building
Sam Shoucair
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
MESA VISTA TOWNHOMES 710461
CARLSHAD. CALIFORNIA 92008
\TE INVOICE NO.
DESCRIPTION
INVOICE AMOUNT
DEDUCTION
BALANCE
20/93 71042193
Processing Fee for
52.00
52.00
Bond Assignments
:KApril 21, 1993
CHECK 710461
TOTALS 52.00
52.00
NUMBER
PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS.
IAESA VISTA TOWNHOMES r��RIM92M a 710461
5050 AVENIDA ENCINAS, SUITE #350
CARLSBAD. CAUFORMA 92008
(619) 438-4242
PAY: FIFTY TWO DOLLARS AND NO CENTS
April W! 1993 RM 1" ****5210M*I*
CITY OF SAN JUAN CAPISTRANO
'AY TWO sroNATUREs RED FOR Ts OVER sla000.00
)TME
iDER �yyl
OF
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Ilm 7 &046 i0 I: 12 2000 24 71:0 7 &8 1,01378011'
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May 4, 1993
Recorder's Office
County of Orange
P. O.Box 238
Santa Ana, California 92702
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GILJONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGESCARBOROUGH
Re: Assignment of Improvement Agreement - Tract 12262
Gentlemen:
The following document is enclosed for recordation:
Assignment of Improvement Agreement - Tract 12262
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,
THE ORjfjjNA_ OF TRT_ BOI_?!ENT
Cheryl WS RECORDED ON 14 -MAY -19931
City Clerk DOCUMENT NUMBER 931-03,5:65
Document Number LEE A. BRANCH., COUNTY REI ORDER
Enclosure11 ORANGE COUNTY RECORDER'S OFFICE
Date
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
C,
Int
TO: Orange County Recorder
FROM: Cheryl Johnson, City Clerk
DATE: May 6, 1993
SUBJECT: Recording Fees - Assignment of Improvement Agreements
One check in the amount of $46.00 is enclosed to cover recording fees on both documents -
Assignment of Improvement Agreement for Tract 12423 and Tract 12262, between Glenfed
Development Corporation and CCL Realty.
Cheryl oh on
0 0
TO: Sam Shoucair, Associate Civil Engineer
FROM: Cheryl Johnson, City Clerk
DATE: May 4, 1993
SUBJECT': Recordine Fees - Assienment of Imoroi
I forwarded the two agreements off to the Recorder and received them back yesterday for
some minor corrections. One of the items the Recorder noted was that the fee for each
agreement would be $23 instead of the $26 I had told you (I managed to squeeze a notary
form onto the signature page, saving one page). So the total for the check should be $46.
I had not looked that closely at the check prior to sending it, but I did when it came back.
It must be made out to the Orange County Recorder, not the City.
The original check is enclosed. I would appreciate your assistance in correcting the
problems with the check and I am sorry for the inconvenience.
Thanks!
Cheryl
April 22, 1993
Sam Shoucair
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Mesa Vista Townhomes Assignment Agreements
Dear Sam:
Enclosed please find our check in the amount of $52.00 for payment
of the processing fee related to the Assignment Agreements for Mesa
Vista Townhomes.
Thank you for all of your help in getting these Assignments
approved.
Sincerely,
�O
Mark Knepp r
Vice President - Finance
MK/tr
Enclosure
mk\shoucairAtr
F-
--P a M
AN 7 9993
5050 AVENIDA ENCINAS, SUITE 350, CARLSBAD, CA 92008
619/431-6722 FAX 619/438-0046
f
MEMORANDUM
TO: Cindy Pendleton, Interim Director of Administrative Services
FROM: Dawn M. Schanderl, Deputy City Clerk
—
DATE: November 6, 1992
SUBJECT: Time Certificates of Deposit (CCL Realty)
On November 4, 1992, the City Clerk's office received a memo from Theodore Simon
transferring the following Certificates of Deposit from CCL Realty to our office:
1. Certificate of Deposit No. 134671 in the amount of $34,030.00 drawn from
Security Pacific National Bank for the remaining work to be done in Tract
12262 (GlenFed).
2. Certificate of Deposit No. 134674 in the amount of $27,150.00 drawn from
Security Pacific National Bank for the remaining work to be done in Tract
12423 (GlenFed).
Please put the attached certificates into the safety deposit box.
Thank you for your cooperation.
cc: Cheryl Johnson, City Clerk
Theodore Simon, City Engineer
I
NOT SUBJECT TO CHECK SECURITY PACIFIC
NATIOer AL BANKNewpo13 4 6 71
OFFICE
November 3, 19 92
THIS CERTIFIES THAT CCL REALTY (CALIFORNIA) LTD****************************************
pyp;E/HAS
DEPOSITED IN THIS BANK Thirty four thousand thirty and no/cents****oOLURsa
PRINCIPAL PAYABLE TO City of San Juan Capistrano***************************************
OR ORDER
UPON MATURITY D
BEARS INTEREST AT THE RATE OF IOy u *N 1 RREND % PER ANNUM E IRENDORSED,
R
IF ER
UPON DEPOSIT UNTIILMATTURITYHOFFICE I
INTEREST PAYABLE TO DEPOSITOR.
SUBJECT TO THE BANK'S RIGHT TO CHANGE THE9INTEFES TRATE UPON WRITTEN NOTICE TO DEPOSITOR. I1�
THE MATURITY OF THIS CERTIFICATE IS UU days
ay FROM DATE AND IT WILL BE AUTOMATICALLY RENEWED FOR SIMILAR
PERIODS UNLESS WITHIN (7) SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR EDEMPTION. IT MAY NOT BE WITHDRAWN PRIOR
TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED. /7
AUTOMATICALLY RENEWASLE UPON THE CONDITIONS
STATED HEREIN. NO MflEREST PAID AFTER MATURITY OAR E SKIN
DATE IF NOT RENEWED.
NOT SUBJECT TO CHECK SECURITY PACIFIC NATIONAL BANK �Q242313 4 6 7 4
Newport Center 0169 OFFICE qQ
Nnvemhpr 1 ,1y�
THIS CERTIFIES THAT CCL REALTY (CALIFORNIA) LTD****************************************XpMHAs
DEPOSITED IN THIS BANK Twenty-seven thousand one hundred fifty***** ooLLARs :27150.00*************
W.. City of San Juan Capistrano***************************************
pD PRINCIPAL PAYABLE 70 OR ORDER
F UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE OFFICE OF ISSUE. THIS DEPOSIT
1• BEARS INTEREST AT THE RATE OF 05.500 % PER ANNUM IF LEFT UPON DEPOSIT UNTIL MATURITY. INTEREST PAYABLE TO DEPOSITOR.
SUBJECT TO THE BANK'S RIGHT TO CHANGE TH9UITFRESTTEN NOTICE TO DEPOSITOR.
�j THE MATURITY OF THIS CERTIFICATE IS U (aJ ays RATE UPON WRITFROM DATE AND IT WILL BE AUTOMATICALLY RENEWED FOR SIMILAR
PERIODS UNLESS WITHIN (7) SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR DEMPTION. IT MAY NOT BE WITHDRAWN PRIOR
TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED.
AUTOMATICALLY RENEWABLE UPON THE CONDITIONS
STATED HEREIN NO INTEREST PALO AFTER MATURITY SRR SIG 1
DATE IF NOT RENEWED.
October 26, 1992
Mr. Mark Knepper, Vice President of Finance
Newport National Communities
5962 La Place Court, Ste 200
Carlsbad, CA 92008
Re: Tract 12262 and 12423 (Glenfed) Improvement Agreement
Dear Mr. Knepper:
MEMBERS OF THE CITY COUNCIL
KENNETH E FRIESS
JERRY HARRIS
GARY HAUSDORFER
GIL JONES
JEFFVASOUEZ
CITY MANAGER
STEPHEN B. JULIAN
The October 15, 1992 request to extend the dates of completion of work and
improvements for the Improvement Agreements of the subject tracts has been
reviewed. Extensions have, therefore, been granted in accordance with the
agreements as follows:
Tract 12262
Tract 12423
Extended to August 31, 1993
Extended to November 30, 1993
Submittal of the agreement assignment forms and the appropriate sureties is
anticipated to facilitate the assignment process.
Very truly yours,
Theodore G. Simon
City Engineer
TGS:ssg
cc: Richard Denhaiter
William M. Huber
Dawn Schanderl ✓
Dan McFarland
Sam Shoucair
I s �
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
MEMORANDUM
TO:
FROM:
SUBJECT:
u
November 4, 1992
Cheryl Johnson, City Clerk //
Theodore G. Simon, City Engineer
f 0
Tracts 12423 and 12262 - Newport National Communities/CCL Realty,
formerly GlenFed E and F/La Novia Avenue/Via Capri - Surety
Submittals
The developer of the subject project has submitted the attached Certificates of Deposit
as surety for the remaining work (surface asphalt, sidewalk and valve/manhole adjusting)
required by the Improvement Agreements.
The attached CD's issued by Security Pacific National Bank are as follows:
$27,150 (#134674 - 11/3/92) for Tract 12423
$34,030 (//134671 - 11/3/92) for Tract 12262
In addition to providing these CD's, the developer has submitted Improvement Agreement
assignment forms for City Council consideration.
It is requested that the City Clerk's Office retain possession of the attached Certificates
of Deposit until authorized for release by the City Council.
TGS:cl
Attachments
cc: Richard Denhalter
Bill Huber
Sam Shoucair
w MEMORANDUM October 26, 1992
TO: Dawn Schanderl, Deputy City Clerk /1
FROM: Theodore G. Simon, City Engineer ��6'
SUBJECT: Tracts 12262 and 12423 - Improvement Agreements
At the City Council meeting of February 16, 1988, Improvement Agreements with
Glenfed Development Corporation for Final Maps, Tracts 12262 and 12423, were
approved.
The agreements state that the developer agrees to complete all of said work and
improvements within a period of 365 days from the dates of these agreements. The
agreements also state that if additional time is needed, an extension may be granted by
the City Engineer in the showing of good cause.
These are the last of fifteen tracts comprising the E and F Areas, which contain over 400
lots. The remaining work to be performed is sidewalk, street capping and valve and
manhole adjusting. This remaining work does not pose a detriment to the public.
At this time, CCL Realty, for whom Newport National Corporation is the
development/construction manager, has purchased the subject tracts. Agreement
assignment documents are being prepared and replacement sureties are being arranged.
Also, the attached schedule has been submitted that indicates new completion dates for
these tracts and requests consideration for extending the agreements.
Upon reviewing this situation, please extend the agreement for Tract 12262 to August 31,
1993 and for Tract 12423 to November 30, 1993. It should be understood that processing
through City Council for acceptance of improvements and approval of bond release and
filing of Notice of Completion can only take place subsequent to completion of
construction.
TGS:ssg
cc: Richard Denhalter
William M. Huber
Dan McFarland
Sam Shoucair
Attachments
M � �
October 15, 1992
Mr. Ted Simon
City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: MESA VISTA TOWNHOMES
TRACT NUMBERS 12262 AND 12423
Dear Ted:
Enclosed please find copies of the improvement agreements between
the City and Glen Fed Development on Tracts 12262 and 12423.
Tract number 12423 is our Phases 1 and 2. The completion date for
the last unit of Phase 2 is October 31, 1993. Thirty days
thereafter the streets will be capped and accepted by the City of
San Juan. Therefore the completion date for the private street
improvements for Tract number 12423 will be November 30, 1993.
Tract number 12262 is our Phases 3 and 4. The last unit of Phase
4 is scheduled for completion July 31, 1994. Thirty days
thereafter the streets will be capped and accepted by the City of
San Juan. Therefore the completion date for the private street
improvements for Tract number 12262 will be completed August 31,
1994.
Please give me a call if you have any questions, comments, or need
any additional information.
Thank You,
Mark Knepp
Vice Presi ent of Finance
enclosures
sig 15
5962 LA PLACE COURT, SUITE 200• CARLSEAD, CA 92008
619/431-6722 FAX 619/438-0046
copt Q E o� "Citywy" 88-076737
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
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
'`G t
!NARY ANN A OVER; City Clerk
San Juan apistrano, California
PROJECT: Fina! %tap, Tract 12262
(Gten fed)
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 Glenfed
Development Corporation whose mailing address is: 16601 Ventura Blvd., Encino, CA
91436, hereinafter called the "DEVELOPER".
WITNESSETH:
WHEREAS, the CITY has conditionally approved Final Map, Tract 12262; and
WHEREAS, DEVELOPER desires to postpone the installation of the public
and/or private improvements for Final Map, Tract 12262 until after the CITY's
acceptance 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 Final Map, Tract 12262 will be installed in
a timely manner.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at its sole cost and expense, provide and furnish all
labor, materials and equipment for the installation of improvements for Final Map, Tract
12262 shown on the Improvement Plans and Specifications approved by the CITY; all such
plans and specifications are on file in the office of the City Engineer and are
incorporated herein by reference. "Improvements" include but are not limited to: design
and construction of the improvements to La Novia to the project boundary by November,
1988, and construction of La Novia from the project boundary to Valle Road prior to the
issuance of the Use and Occupancy Permit for the 401st dwelling unit; all off-site
grading work; paving of all streets, alleys and public service easements; construction of
concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary
sewerage facilities; installation of underground conduit street lighting system;
installation of all street signs; the supplying and planting of all parkway trees; the
installation of all appurtenances; the furnishing of all engineering costs and services to
do and complete said work; and to do and complete all other acts and obligations required
by the CITY as condition of the approval of the project. The City Engineer shall
determine the estimated costs of said improvements to be used for the security required
herein.
88-076737 PRO01 nal Map, Tract 12262
2. DEVELOPER shall at its sole cost and expense, provide and install all on-
site water mains and appurtenances and shall provide all labor and materials to connect
the same to existing mains and facilities of the Capistrano Valley Water District, in
accordance with all of the requirements of said District.
3. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinance and resolutions as conditions of approval of Tract 12262 and the improvements
therefor.
4. DEVELOPER shall provide the following sureties, all of which shall meet
the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a
faithful performance surety in an amount equal to the total estimated cost of work for
improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a
subdivision faithful performance surety equal to the total estimated cost of work and
improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the
total estimated cost of work and improvements to be dedicated to the CITY securing
payment to the contractor, any sub -contractors and persons providing equipment, labor
and/or materials for and/or account of such improvements; and (d) A Faithful
Performance - Public Works Surety in an amount equal to the total estimated cost of
work to monument tract boundaries, open space areas and public street center lines.
The surety bonds shall provide that CITY, as beneficiary, shall be entitled to
attorney's fees in the event that CITY is required to bring legal action to enforce the
terms of the surety.
5. The City Engineer of the City of San Juan Capistrano may make such
changes, alterations or additions to the plans and specifications for said work and
improvements which do not exceed ten percent (10%) of the total estimated cost set
forth in paragraph 4 above, as may be determined necessary and desirable by him for the
proper completion of said work and improvement or as required for the safety and
welfare of the public and no such changes, alterations or additions shall relieve the
DEVELOPER from the faithful performance of this agreement.
6. DEVELOPER agrees to complete all of said work and improvement and to
pay all costs specified herein within a period of 365 days from the date of this
agreement. If additional time is needed, an extension may be granted by the City
Engineer on the showing of good cause. Any such extension shall, however, be subject to
all of the terms and conditions of this agreement, and any surety or other security shall
continue in full force and effect until the work and improvement has been accepted by
the CITY.
7. DEVELOPER agrees that CITY may, without any notice, and at its sole
option, at any time after the time for completion has passed, complete, or cause to be
completed, all or any part of the said work, and DEVELOPER shall pay to said CITY,
upon demand, all of the cost of any of said work done by the CITY, its agents and
contractors, or any of them, to complete all or any part of said work.
8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as
reasonable 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.
88-07673T PROJECT ,nal Map, Tract 12262
9. CITY, its officers and employees, except for their own acts shall not be
liable or responsible for any accident, loss or damage happening or occurring to the
improvements specified in this agreement prior to the completion and acceptance of said
improvements by the CITY.
10. DEVELOPER shall perform all work in a safe workmanlike manner and
shall take such precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
ll. DEVELOPER shall hold CITY, its officers and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors,
agents or employees in the performance of this agreement.
DEVELOPER shall maintain liability insurance in the amount of $1,000,000
combined single limit at all times during the life of this agreement, naming the CITY as
a co-insured.
12. CITY agrees, in consideration of the promises herein made by
DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements
for 365 days until February 16 , 19 89.
IN )VITNESS WHEREOF, the parties have executed this agreement as of
.Fep=0jX. 16. 1988
Date
CITY OF SAN JUAN CAPISTRANO
ANTHO . BLAND, MAYOR
ATTEST:
DEVEOPER
ARY AN NOVE ITY CLERK BY
ENFE D VEL PMENT
CORPORATION
ZTAKFUJII
APPROVED AS TO FORM:BY
�. R
GLE FED DEV LOPMENT
CORPORATION
QL9-'Oe� ROSS WILLARD
OCT -13-1392 2321 F TV& 16194380046 P.03
CITY CLERK'S DEPARTMENT - ACTION REMINDF-R �J
TO: Theodore Simon. City Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: June 1, 1992
SITUATION:
At the meeting of February 16, 19889 the City approved an Improvement Agreement with
Glenfed Development Corporation for Final Map, Tract 12262. The Agreement states
that developer agrees to complete all of said work and improvements within a period of
363 days from date of this agreement. The 363 day limit expires on February 16, 1989.
On January 169 19899 Agreement was extended to July 16, 1989.
On June 16, 1989, Agreement was extended to January 16, 1990.
On December 18, 19$9, Agreement was extended to July 16, 1990.
On June 229 1990, Agreement was extended to January 16, 1991.
On December 12, 19909 agreement was extended to June 29, 1991.
On June 13, 1991, agreement was extended to December 12, 1991.
On December 30, 1991, agreement was extended to June 30, 1992.
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 ofllce if agreement
will be completed by June 30th or esxtended. n
+ ACTION TO sE TAK11N: 444a & 4 29 e'p9L
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Pec /S /9911
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: �W1, .(991"
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tackler Datet 1/02/89
Deadline Date: 2/16/89
12/16/90
01/16/91
cc: City Attorney
Assistant City Manager
Department Head
(600.30 t12262)
6/16/89
12/16/89
6/16/90
7/16/89
1/16/90
7/16/90
06/01/91
12/01/91
06/01/92
06/29/91
12/12/91
06/30/92
I
June 3, 1992
Mr. Mark Knepper, Vice President - Finance
Newport National Corporation
5962 La Place Court, Suite 200
Carlsbad, CA 92008
Re: Mesa Vista Townhomes
Tract 12423, 12262, 12735, i
Dear Mr. Knepper:
N
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
GARY L. HAUSGORFER
OIL JONES
JEFF VASOUEE
CITY MANAGER
STEPHEN ■ JULIAN
The June 1st request to reconsider the bond requirements set forth in the March 9th
letter has been reviewed. It is also understood that the performance of public
improvements is not being assumed by CCL Realty, for whom Newport National
Corporation is the development/construction manager. It is understood that CCL
Realty is in escrow to purchase the remaining and yet to be built 97 units from Glen
Fed Development. A requirement of that escrow is that Glen Fed's bonds be
replaced. For the subject tracts, and superseding the March 9th bonding letter, the
following bonds are to be in full force and effect until notification by the City;
Tract 12423 Performance (Private Improvement) $27,150
Tract 12262 Performance (Private Improvement) $341`030
Tract 12735 Not applicable.
Tract 12736 Not applicable.
The above bonding requirements are set forth in the Tract Improvement
Agreements. These agreements are between the City and Glen Fed Development
Corporation and the mechanism regarding assignment is being determined by the
City Attorney.
Should there be any questions or additional information is needed, do not hesitate to
contact me or R. Anthony Foster, Engineering Assistant.
Ver truly yours,
Zeodore
G. on
City Engineer
TG S:ssg
cc: George Scarborough
William M. Huber
Cheryl Johnson
Richard Denhalter
32400 PAgrO Anri •urn QA. -