Loading...
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- { • LOCA 6 -qN MAP F � i l,6 /// 12 �� / QRS o / 0 •'! NORTH • onuo uu Is 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) 2 z40 E 0.. | ! ! ' B} w §/ ! CD w t'A CD it 49N%: ) n \ \ . $]� _00? _o ;§\!k §4c lIE; 0 (k|§ �} zb »_�« k �{ wo_ �\ } }§ ( \� §w 74 (}§ ƒ � k!{\ � ®# k■)[§!§ e § |<m _(0 14t. G )/)@22!#. -_ - ,| w0E—Cz _ -[2{/§ b _ - -kkkx§o;! &nmw z / | e �- -mom _Am, �a 0.. 1 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 L A6S Ilm 7 &046 i0 I: 12 2000 24 71:0 7 &8 1,01378011' MK/tr Enclosure mk\shoucair. Ltr I QUC' hj lJ��r �t4m-r{a� �o siqn Wd IW nrut►►r .. C 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. -