1980-0903_ORTEGA PROPERTIES_Improvement AgreementE
RECORDED AT THE REQUEST OF
AND RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
82-094053 •
EXEMPT RECORDING FEES EXEMPT DUE TO
C14 GOVERNMENT CODE SECTION 6103
NOTICE OF COMPLETION
Mary An anov r, City Clerk
City of San Juan Capistrano, CA
NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and Ortega Properties, No. 1 Brookhollow,
Santa Ana, California, developer of C. Russell Cook Park (Ortega
Properties portion), requires the developer to complete the following
work to wit:
COMPLETION OF PUBLIC PARK IMPROVEMENTS FOR
C. RUSSELL COOK PARK/ORTEGA PROPERTIES PORTION
That said work was completed by said developer according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 16th day of March 1982 , by
Resolution No. 82-3-16-1
Dated at San Juan Capistrano, California, this 17th day of
March , 19 82.
-�
Mary Ann nover, City Clerk of
the City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing NOTICE
OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the
Orange County Recorder by said City Council.
Dated at San Juan Capistrano this 17th day of March , 1982
(SEAL)
Mary Ann TAnov6r, City Clerc of
San Juan'Capistrano
'1046 AM MAR 18 '82
ZVI
RECORDING REQUESTED BY AND
WHEN PECORDED kL'TURN TO:
City of San Juan Capistrano
Office of the City C.I(•rl:
32400 Pa..^,co Adelanto
19 7 9 1 0 1 3737po 702
RECORDING FEES F.XRPIPT DUE TO
EXE —T Govl r.Nr1I:NT CODE SECTION 6103
L.0 1 ---- -
MARY ANN; ANOVERI City Clerk.
San Juan Capistrano, CA 92675 San Juan Capistrano, California
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
45 Min.2 P ly OCT 13 190
P�cl
LEE A. BRANCH, County Recorder
IMl'120V1'"'''S'r AC;RP:P'P^>,td'i�
A.C. NO. 79-16
THIS AGRELli '.NT, :rade pursuant to the provisions of Division 2.
of Title 7 of the Government Code of the State of California, by and be-
tween the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation herein-
after called the "City" and Ortega Properties, a partnership,
whose mailing address is 1 Brookhollow
Santa Ana, California 92705
hereinafter called the "Subdivider".
W I T N E S S E T 11:
THAT, WHERrAS, >ubd.-ivider has filed with the Planning Co:mnis--
si.on of the City, an ARCUITLCTURAL CONTROL PROJECT knov.,n as A.C. 79-16
which has been conditionally approved by the City Council; and
WIEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said project- until a
time subsequent to the acceptance of said project, by entering into al:
agreement and providing the improvement security required to assrro the
furnishing and installation of said improvements within the time herei__I
provided.
NC U, TllEnE1 010, ,.n consideration n of '-: L_. premises se -_s nd _he " '`
t
proval of the said project and the postponement of the time to instal -1
Such 7. Pip'-ovemcn S, and to satisfy the said condition of the approval of
the said project-., the Subdivider hereby undertakes, promises and agrees
as follows:
1. Subdivider will., at his (its) own cost and expense, improve
said A.C. by doing all work and providing and furnishing all. .labor,
materials and equipment and making all installations shown on the im-
provement plans signed and approved by the City Engineer and specified
by the Specification^ of the'City of San Junn Capistrano, which plans
and specifications are on file in the officio cif the City Engineer and
incorporated herein by reference, including but not limited to, all
grading work, paving of all streets, alleys: and publi_. _•._ iso cagemer.'_s,
construction of concrete curbs, goiters, cross gutters and sidewalks,
installation of storm drainage and sanitary sewerage facilities, instal-
lation of underground conduit street: lighting system, the installation
of all street name signs, and the supplying and planting of all parkway
trees, toyether with the installation of all appurtenances, contingen-
cies and the furnishing of all engineering costs and services to do and
complete said wort:, and to do and complete all other acts and ohligallons
required by the City as condition of the approval of the said project.
For purposes of this agreement, the City Engineer shall detcrni_no the
ea.timclted costs of said improvements to be used for Surety devices as
required herein.
2. Subdivider will, at his (its) own cost- and expense, provide
and install all on -Site And off -Site water mains and appurtenances and
will provide all labor and material to connect the samo to existing
mains ;Ind incilitjes of the Orancio County Wa(erc•:orkn District 14, and
will ccunpl'." with all of t.hc x-equir,v11olli; of Said Dit,Crict, nrtrl with tilt_+
plans and ri,,. ci I i cat i nw; for :,oi d work :1.i gllod by, and on fila in the
o1 fice of illi• hl,inrlgel (,I said D.i�:t rice, incorp(n,ited hevoi.11 1)y reference.
I. Suhdivid.,r ayrcc•:•. i , pay all app Iir-a]dc fees ar-:•i(nl"c1 by
Ci(y F(IT putp„n,�s c,l 1hi_s 1.,D'r•, m. I't, .11,10 i_ -.-1,1. Iurn shat I 1•<, defined
• BK 13737°B 703
A.C. NO. 79-16
as all fees that may be legally assessed through City's ordinances and
resolutions as conditions of approving subdivider's subdivision and
proposed improvements.
A. Subdivi.der shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
t_hn Mvornm-nt. Cndo, c;,Kd hand shall be in an amount equal to the total
(:ti`" ted c"n t of work and improvements not to be dedicated to City but
inspected by City F rsonnel. Said bond shall be conditioned upon faith-
ful performance of this; actrcement.
5. Subdivider shall furnish two good and sufficient bonds in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
purposes: (a) an amount equal to the total estimated cost of the said work
and impi(i'.cmiR nti to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equal to the
total estimated cost- of the said work and improvements to be dedicated
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. The City Engineer of the City of San Juan Capistrano may
make such changes, alterations or additions to the plans and specifica-
tions for said work and improvement which do not exceed ten percent (100)
of the total estimated cost set forth in Item A above, as may be deter-
mined 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
hepublic and no such changes, alterations or additions shall relieve the
Subdivider from the faithful performance of this agreement.
7. Subdivider agrees to complete all of said work and improve-
ments and to pay all costs specified herein within a period of 365 days
from the date hereof.
o. it is agreed by and between the parties hereto that in the
event it is deemed necessary to extend the time of completion of the
work and improvement to be done udder this agreement, said extension may
be granted by the City Council of the City of San Juan Capistrano or its
My authorized officer, and shall in no way affect the validity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall_ be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may,,wi_thout any notice, and
at its sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or any part of the said
work, and Subdivider 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.
10. Subdivider agrees to pay City such sum as the Court may
adjudge as reasonable for the legal services of any attorney represent-
ing the City .in any action brought to enforce or interpret the obliga-
tions of this instrument, and such sum shall be made a part of any
judgment. in such action against the Subdivider if such action is deter-
mined in favor of the said City.
11. City, :its officers and employees, except for their own
acts, shall not be liahle 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.
12. At all times from the acceptance by the City Council of
the dedications offered on the final map of said tract to the completion
and acceptruice of th^ imp rovemc,nts descrihed herein, Subdivider shall,
pert or m all wL)Uk in a sale, wor kmanl i kc, manner and shall take such
plecnulion:, 'e; may be nec,e:::,.ny to w.cr11 aIId protect the public from any
dangerous; ("In'Iition caused by the conel.ructiun of said improvements.
-2-
• BK 13787PG
A.C. NO. 79-16
704
1.3. Subdivider shall hold City, .its officers and employees
harni]esr; from any and a I I Claims, dcni,uIds , C-�<lU$es of action, liabi-1.ity
or loss of any sort hecause of, or arising out of:, the acts or omissions
of the Suhdivider., his contractor, subcontractors, agents or employees
ill the la r f orm.uux• of :his o(troement.
1'x-r-ut-ed tit San Juan Capistrano California this 3rd_ day
of September 1980
)V!'T):L; 1'.
- - `- -
C.i.ty Cix_1;, Sin u�,l: Ca,».strauzo
MARY ANN HANOVER
APPROVED AND RECOMMENDED FOR
,/Man ger, Orange County
W .(-works District ;4
STATE OF CALIFORNIA)
) ss
COUNTY OF ORAiQGE )
Cr'IVOF SAN JUAN/CAPTSTRANO
L.
WIND ,
IVIDER
3A PROPERTIES,.A PARTNERSHIP
BY ORTEGA CONST
BY: ES RC �KNAPP, - PREIDEN !
BY: ,
i
• JLLYVJ1Vl.lY,
BY: BRXDERO OPVTEGA,„/INC.
BY:
4ES
BY:
INA M. SENGSTOCK,ECRETAR`I
ON —�-� �1�0 before me,
the undersigned, a Notary Public in and for said
State, personally appear(��
/an known to me, to be ad _
n
-S�CRP7Hky �l=_� —EF, L) �4Y tizS`r,P r��T /nnl --
/NC. _jam �`�LP�� L_>�F / N'the-r�rnorations
that executed the within instrument and known to me tobe the pa Gr_on�who_execntPd tha-xithin
instrument on behalf of said corporations, said
corporations being known to me to be the
partners of ORTEGA PROPERTIES, the partnership
that executed the within instrument and
acknowledged to me that such -------
------- ------ ---- ------
corporations executed the same WITNESS my hall
and fficial seal.
as such partners and that such
partnership executed the same.
�_, -; / /--� �;�_-;• _.
I° 1, JO C CANNAN
-•!'
/ _.��__—_
c.<5 NOTARY PUBLIC -CALIFORNIA
Name typed Or pYl nted)
_ �' ORANGE COUNTY I�
— My comm. expires APR 1, 1983 It
A L h S T G N A T U R E S M U S T
11 E N 0 T A R I '7. E 1)
RECEIVED
OCT 30 1 o5 P4 '80
C!T'f ur
SAN IWAN
C; 'P;S T F:A i 1l1
STATE OF CALIFORNIA,
BK i 3787PO 705
7 ss.
COUNTY OF ORAN16L �)
City of San Juan Capistrano ON SPgtemhar 4-
before me, the undersigned, a Notary Public in and for the said State, personally appeared
, known to me to be the
President, and— MARY ANN HANOVER , known to me
OF:FIpI fo be the City Clerk 7Psarla2g of Cites of San .Tuan Capistrano
RUT7AE
ARD® �; NO�AR"PORMA the Coristratio at executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
My com23, 2984 j to me that such Corporation executed the within Instrument pursuant to its by-laws or a
"� �i resolution of its board of directors.
WITNESS my hand and official seal.
— ---1 — — Not Public in and for said Si. te.
AGxNUWLEUGMENr— Copp Yrex a sic—Wolcotfi form 7La--Rev. }61— �—�
STATE OF CALIFORNIA,
}
COUNTY OF ORANGE ss._r
City of San Juan Capistrano
ON SP,ptemher 3 --_- 19 80_,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
GARY L. HAUSDORFER known to me to be the
knoven to me
to be the —Secretary of- C; ty of San .Tnan_Fg4ji ctrgnp—
]-cipal
orpor
the ation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
t'r-a�F()h'Iv�A
MARY ANN HANOVER
�I
NOTARY PUBLIC -
•rtea/
ORARG' CXMf
—
rdy comm. expires (6 H Z0 2?04�
ON SP,ptemher 3 --_- 19 80_,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
GARY L. HAUSDORFER known to me to be the
knoven to me
to be the —Secretary of- C; ty of San .Tnan_Fg4ji ctrgnp—
]-cipal
orpor
the ation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
r
8. RESOLUTION, NOTICE OF COMPLETION
(85) The on-site public improvements for
Center, Parcel Map 79-856, have been
by the City Inspector, as set forth
October 21, 1982, from the Director
Acceptance of Public Imnrovements:
The following Resolution was adopted:
4
E OF SURETY -
the Ortega Village
completed and accepted
in the report dated
of Public Works.
RESOLUTION NO. 82-10-21-1, COMPLETION OF PUBLIC
IMPROVEMENTS - ORTEGA VILLAGE CENTER (ORTEGA L
PLCi-LL'IiES) - A R7S-OLUTIO.: 0: THE CIT" COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - ORTEGA VILLAGE
CENTER (ORTEGA PROPERTIES)
The Resolution accepts the work as complete and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Surety:
The following bond from Safeco Insurance Company was
extended to October 21, 1983, and authorization was granted
to release the bond following successful completion of the
one-year maintenance period:
Bond Number Amount
Faithful Performance
The following bond from
released upon expiration
Notice of Completion:
Labor and Materials
4095122 $85,000
Safeco Insurance Company is to be
of 35 days from recordation of the
4095122
$85,000
PUBLIC
AOND FOR IMPROVEM]"UTS
(LABOR, AND MATERIALS)
TRACT idO.
i PROJECT A.C. No. 79-16
ND NO, 40'9' 2 -
Executed in Duplicate
'The Premium charted for this
Bond is included in that shown
on the Performance lord. -
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and ORTEGA PROPERTIES , whose
mailing address is I Brookhollow, anta na, CA 92705 ,
hereinafter designated as Principal, have entered into an agreement whereb
Principal agrees to install and complete certain designated improvements,
which said agreement dated August 4, _ 19 80 , and identif
as (Subdivision Agreement for Tract ) (Project _A,C. _No. 79-16 )
hereby referred to and made a part hereof; and
WHEREAS, Said Principal is required under the terms, of said agreement, to
furnish a bond for the labor and materials of said agreement.
NOW, THEREFORE, we, the Principal, and SAFECO INSURANCE COMPANY OF AMERICA
_ , whose mailing address is 17570 Brgok st St.. C-11908
Fountainf Valley, CA 927Q8 , as Surety, arc held and firmly bound Unto the
CityEI�HT3jpvE %o Capistrano, hereinafter called City, in the penal sum
AND
Of FIV HUNDRED ANn„�?oo---------------- Dollars ($ R5„�5nn nn ) lawful
money of the United States, for the payment of .which sum well and truly
to be made, we bond ourselves, .our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said
agreement- and any alteration thereof !rade as therein provided, on his or
their part, to be kelt and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless. the City of San Juan Capistrano, its
officers, agents and employees, as'titerein stipulated, then this obligation
shall become null and void; other -vise; 'I t . shall. be and remain in full force
and effect.
As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be -included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation', all to be tasted as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition .to the terms of the agreement or' to the work to be
performed thereunder, or the specifications accompanying same, shall in
any way affect its obligations on this bond, and it does hereby waive any
notice of any such change, extension of. time alteration' or addition to the
.terms of the agreement onto the work or to the specifications.
INWITNESS F:IIEREOF; this instrument has been duly executed by the principal
and surety above named, on August 6, , 1980
ik PRINCIPAL SURETY
ORTEGA PROPERTIES , A PARTNERSHIP SAFECO INSURANCE COMPANY OF AMERICA
By: O GA CONSTIY5TION, INC.
By.
4 L1 BR ERO_ORTEG ZINC. BY _
By: Mar A. Jenn , Att ney-in-Fact
BY'E�L
_•_1 Brookhollow
Santa Ana, CA 92705
)du'I')i: P,c-?.n'r,�i�•ihiun•nl:. ,.! �•-..•r•ul iicn c,i I'i'inc•ilnil:: aI!,! .`:II,I.1;• nn 1, I"-
If
stateot California
t
County of Orange S ss'
On August 6, 1980 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Mary A. Jenny
known to me to be Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I ave hereunto set my hand and affixed my official seal,
'= OFFICIAL SEAL
• ° LINDA A. SUBLETT
My Commission Expires • Ogryr--C-g7�p ORNIA •
PRINCIPAL OFFICE IN
OR! Nr'.� rnr:NTY
360212-0.66 • My Commission Expires S.pt, 30, 1983
••♦•••a•lwoaaa•aca ..Ye♦a•••♦♦�.
STATE OF CALIFORNIA
COUNTY OF__--GRANGF. SS
On_—__
the undernisned. a :Votary Public in and for said Comity and Stale,
personally appeared __—t3:aM,@ _ _--___-
known to me to be the— ____President, and__TII&__M,_
known to me to be
_Secretary of the corporation that executed the
within Instrument, known to me to he the persons who executed the
Within Instrument on hehalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
i
and year staiSA in this certificate above.
Notary Public
03
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
JO C CANNAN
°v NOTARY PUBLIC • CALIFORNIA
o +ia ORANGE COUNTY
°"° a My comm. expires APR 1, 1983
SAFECO IN RANCE COMPANY OF AMERICA
GENERAL IPURANCE COMPANY OF AMERICL*
1J HOME OFFICE: 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
3059
That General Insurance Company of America and Safeco Insurance Company of America, each a Washington
corporation, does each hereby appoint
-------------------------MARY A. JENNY, Newport Beach, California ------------------
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, General Insurance Company of America and Safeco Insurance Company of America have each
executed and attested these presents
this
30 th
day of June
19 72
W. o.NnmwENsia. sECAe.aav GORDON x. swsanv axss orrvr
CERTIFICATE
Extract from Article VI, Section 12, of the By -Laws of General Insurance Company of America
and of SAFECO Insurance Company of America:
"Article VE Section 12, — FIDELITY AND SURETY BONDS . _ . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of General Insurance Company of America and
of SAFECO Insurance Company of America adopted July 28, 1970:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Wm. Hammersla, Vice President and Secretary of General Insurance Company of America and of SAFECO Insurance
Company of America, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power -of -Attorney issued pursuant thereto, are true and correct, and that both the
By -Laws, the Resolution and the Power -of -Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 6th day of Au
rS�DaPORgT�rO
CRRNRATE " l
SEAL m N SEAL
192 �Q-k sr 1953 oe
h� of Wastiteb`- 9lF OF WASH\l1�'/
5-974 R3 4/72 PRINTED IN U.S.A.
00 4W
10. C. RUSSELL COOK PARK/ORTEGA PROPERTIES
NOTICE OF COMPLETION (CALLE ARROYO)
(62) The following Resolution was adopted:
RESOLUTION NO. 82-3-16-1, COMPLETION OF PUBLIC PARK
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC PARK IMPROVEMENTS - C. RUSSELL
COOK PARK (ORTEGA PROPERTIES)
The Resolution accepts the public park improvements
included in C. Russell Cook Park/Ortega Properties as
complete and directs the City Clerk to forward the
Notice of Completion to the County Recorder within
10 days.
1 AGENDA ITEM
0 0
March 16, 1982
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Acceptance of
Improvements, C. Russell Cook Park/Ortega Properties
(Calle Arroyo)
SITUATION
Ortega Properties, the developer of the portion of C. Russell Cook
Park, adjacent to La Novia Avenue and the recently completed
Cottage Office Complex, has completed the public park improvements
and has requested formal City acceptance and maintenance of the
dedicated park facilities. The park improvements have been
inspected by the Public Works Inspector and the Department of
Community Planning and Development. The City is requesting a
Notice of Completion to be filed with the County Recorder.
FINANCIAL CONSIDERATIONS
There is no cost or compensation to the City by this action.
ALTERNATE ACTIONS
1. Accept the Public Park improvements for C. Russell Cook Park/
Ortega Properties.
2. Do not accept the Public Park improvements for C. Russell Cook
Park/Ortega Properties.
3. Request further information from Staff.
RECOMMENDATION
By resolution, determine that the work included in C.
Park/Ortega Properties has been completed and declare
be accepted; direct that within ten days from the date
a Notice of Completion be filed with the Orange County
Respectfully submitted,
W. D. Muy
W:
WDM:CMB/nep
Encl.
Russell Cook
the work to
of acceptance,
Recorder.
Gz
RESOLUT1* NO. 82-3-16-1 •
OF PUBLIC PARK IMPROVEMENTS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC PARK IMPROVEMENTS - C. RUSSELL COOK
PARK (ORTEGA PROPERTIES)
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with Ortega Properties for the construction of
public park improvements in C. Russell Cook Park; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San Juan
Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said developer has been completed.
SECTION 2. That the work is hereby accepted and
approved.
SECTION 3. It is further ordered that a "Notice of
Completion" be recorded, on behalf of the City, in the office of
the County Recorder of the County of Orange within ten (10) days
of the date of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of
March , 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
4��,
PHILLIP V SCHWARTZE, MAYOR
ATTEST:
-1-
STATE OF CALIFORNIA,,,,,)
COUNTY OF ORANGE = ) ss. •
CITY OF SAN JUAN CMPTSTRANO )
I, MARY ANN HANOVER, 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.82_3-16-1adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of
March , 1982
(SEAL)
MARY ANN ANOVER;" CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and -says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 17th day of March . 1982
she caused to be posted:
RESOLUTION NO. 82-3-16-1
being: COMPLETION OF PUBLIC PARK IMPROVEMENTS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC PARK IMPROVEMENTS - C. RUSSELL COOK
PARK (ORTEGA PROPERTIES)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY ANN OVER, City Clerk
San Juan apistrano, California
-2-
AGENDA ITEM September 3, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Improvement Agreement; Acceptance of
Surety, Ortega Village Center, Calle Arroyo
(Ortega Properties)
SITUATION
Ortega Properties has submitted surety and an improvement agreement
for the construction of public improvements associated with the
Ortega Village Center located within the Ortega Properties project.
Improvement plans for sewers and drainage facilities have been sub-
mitted, checked and approved by the City Engineer. All surety is in
order and fees have been paid.
FINANCIAL CONSIDERATIONS
There are no costs to the City by this action.
ALTERNATE ACTIONS
1. Approve the improvement agreement and accept the surety for the
Ortega Village Center.
2. Do not approve the agreement and do not accept the surety.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the improvement agreement and accept the surety
for the Ortega Village Center (Ortega Properties); authorize the
Mayor and City Clerk to execute the agreement and direct the City
Clerk to record the document with the Orange County Recorder.
Respectfully submitted,
W. W. D. Murphy �
WDM.CMB/rem
Encl.
FOR CITY COUNCIL AGENDA . .... .
•
r
400 PASIt0�0.D 6CAtlT0t
SAN JUAN ,CAPISTRANO, `C`AIIFORNIJk 92675
IJN�E69y!�1,17
March 22, 1982
Jon Pugh
Ortega Properties
One Brookhollow Drive
Santa Ana, California 92705
Re: Completion of Public Park Improvements -
C. Russell Cook Park/Ortega Properties
Dear Mr. Pugh:
Enclosed is a copy of Resolution No. 82-3-16-1, which
was adopted by the City Council at their meeting of March 16.
The Resolution accepts the work completed for the improvements
to C. Russell Cook Park/Ortega Properties. The Notice of
Completion has been forwarded to the County of Orange for
recording.
Very truly yours,
MARY ANN UgNOVER,.CMC
City Clerk
MAH/na
Enclosure
cc: Director of Public Works
SAN J
March 28, 1985
Safeco Insurance Company of America
17570 Brookhurst Street, C-11908
Fountain Valley, California 92708
Re: Bond # 4095122; A.C. 79-16
Gentlemen:
Bond # 4095122 in the amount of $85,000 held by the City
of San Juan Capistrano may now be exonerated.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
GIr M. Lonh es r.
City Engineer
GML/CMB: o1
xc: Records Coordinator V
3240C PASEO ADELANTO l
SAN JUAN CAPISTR ANO, CALIFORNIA 92675
PHONE 493-1171
September 8, 1980
Jon Pugh
Ortega Properties
1 Brookhollow Drive
Santa Ana, California 92705
Re: Approval of Improvement Agreement and
Anr-entance of Surety, Ortega Village Center
Dear Mr. Pugh:
At their meeting of September 3, 1980, the City Council
took action to approve the Improvement Agreement and accept the
surety for the Ortega Village Center, A.C. 79-16.
Enclosed is a fully -executed copy of the Improvement
Agreement for your files. The original Agreement has been
forwarded to the Orange County Recorder for recordation.
If you have any questions, please do not hesitate to
call.
Very truly yours,
(MRS) MAR ANN HANOVER, CMC
City Clerk
MAH/cdc
Enclosures
cc: Director of Public Works
Manager, Orange County
Waterworks No. 4
F. Mackenzie Brown
Walt Hamilton
TRACT NO.
WR PROJECT
3OND NO. 4095122
PUBLIC Executed in Duplicate
Premium: $855.00
BOND FOR IMPRoVrMENTS
(FAITHFUL PERFORt-UANCE)'
R -AS, the City Council of the City of San Juan Capistrano, State of
California, and ORTEGA PROPERTIES whose
mailing addiress is 1 BrookhoIlow, Santa Ana, CA 92705 ,
horeinFfter designated as Principal, have entered into an agreement where
Principal crrees to install and complete certain designated improvements,
!vhicl-: saIG - ^reeine.^.t dated August 4, , 19 80 , and iderlt1
as (Subc:i,._0ior_ Ac. rcen:ient for Tract ) (Project A.C. No. 79-16 )
hereby refez_ed to and made a part hereof; and
vvrLREAS, Sal& Principal is required undo,-- the terms of said --greema._t, to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and SAFECO INSURANCE COMPANY OF AMERICA
_ , whose mailing address is 17570 Brookhurst St., C-11908
Fountain Valle v CA 92708 as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hereinafter called City, in the penal sum
t EIGHT
or Y- FIVE TH6USM2-------pollars ($ 85,500.00 ) lawful
RTVE HQNDRED AND NO ]nn------
money of the United States, for the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executers, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of San Juan Capistrano, its
c -titers, agents and employees, as therein Stipulated, then this obligati0
shall become null and void; otherwise it shall be and remain in full force
and effect.
As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered -
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be
performed thereunder,' or the specifications accompanying same, shall in
any way affect its obligations on this bond, and it does hereby waive any
notice. of any such change, extension of time alteration or addition to the
terms of the agreement or to the work or to the specifications.
I.2 VUTNESS k.,13EREOF, this instrument has been duly executed by the p.rinci
and surety above named, on August 6, , 19 80
0 PRINCIPAL,-'
ORTEGA PROPERTIES A PARTNERsHTP
By: ORT GA CONS RU N, INC.
BB:
l .
By BREDDRO ORTEGA, ]Died.
By'.
7%6 l -ess of �ubdic•-LCier:
� MIM
Santa Ana, -CA 92705
SURETY
SAFECO INSURANCE COMPANY OF AMERICA
BY- _
Ma3hy Q Jem , Attorney- i n -Fact
Pi "i ;i. 7.c..r.r,.%l dc,;.::•n;f i>f cxecut.ion c.E Princip els and Surety must bc,
State of Cal iforni@
County of Orange t ss'
On August 6, 1980 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Mary A. Jenny
known to me to be Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, ay and year statpo in this certificate above.
) OFFICIAL SEAL
♦ .?+
My Commission Expires r"r"` � LINDA A. SUB ETF
' NOTARY—PUBLIC—CALIFORNIA ♦ Notary Public
♦\`�,ay' PRINCIPAL OFFICE IN
360212--686 ♦ ORANrl- rOJNTY
• My Commission Expires Sept. 30, 1983
STATE OF CALIFORNIA SS.
COUNTY OF— ORANGE
On August 6, 1980 __ before me,
i w - the undersi,ned, a Notary Public in and for said County and State,
n't personally appeared —'T^ D vaPP--Ina M.
known to me to be the— ——President, and --
m o stsOO1C known to me to be
x T— --
c _Secretary of the corporation that executed the
0
I --
within Instrument, known to me to be the persons who executed the
within instrument on behalf of the corporation therein named, and
o jeknowledged to me that such corporation executed the within
Jinstrument pursuant to its by laws ora resolution of its board of
_< directors. r
e �
i7 Signature—
a
y
ct
FOR NOTARY SEAL OR STAMP
1
l
.�.
OFFICIAL SCAT
JO C CANNAN l
^
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY S
1
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