1987-077_KAISER DEVELOPMENT_Subdivision Improvement AgreementMEMORANDUM TO: Memo to File FROM: Dawn M. Schanderl, Deputy City Clerk DATE: August 6, 1996 SUBJECT: Assignment of Kaiser Development Subdivision Agreement Assignment of Subdivision agreement see: 600.30 KI/FKLA 1996 Partial Assignment of Subdivision Agreement went to: 600.30 Toyota Motor Sales USA 1996 . 1 ". El RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (Parcel Map 85-306 Rosan Ranch, San Juan Capistrano, California This amendatory agreement is made this 2nd day of May 1989, by and between the City of San Juan Capistrano (hereinafter referred to as "CITY"), and Bedford Development Company, a California Corporation, formerly known as Kaiser Development Company, a California Corporation (hereinafter referred to as "DEVELOPER"), located at 3002 Dow Avenue, #502. Tustin, California 92680. WHEREAS, CITY and DEVELOPER entered into a Subdivision Improvement Agreement dated July 7, 1987, pursuant to CITY's approval of Parcel Map 75-306; and WHEREAS, said improvement agreement provides for installation of public improvements by DEVELOPER within a period of two years; and WHEREAS, the Rights and Obligations under the July T. 1987 Agreement were assigned to Bedford Development Company; and WHEREAS,. DEVELOPER desires an additional one-year period within which to complete the public improvements. NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER that Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as follows: "9. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein by July 7, 1990. DEVELOPER may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by DEVELOPER, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the DEVELOPER shall notify the City Engineer of cause of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall be final and conclusive. Any such extension of time due to delay RECORDED IN OFFICIAL RECORDS ' �^�237868 l� L p OF ORANGE COUNTY, CALIFORNIA 4:00 PM MAY 41989 EXEMPTO C4 Q, cS,,,, Recorder RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Mary A0 HanovC%r, City Clerk City drSan Juan Capistrano, CA AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (Parcel Map 85-306 Rosan Ranch, San Juan Capistrano, California This amendatory agreement is made this 2nd day of May 1989, by and between the City of San Juan Capistrano (hereinafter referred to as "CITY"), and Bedford Development Company, a California Corporation, formerly known as Kaiser Development Company, a California Corporation (hereinafter referred to as "DEVELOPER"), located at 3002 Dow Avenue, #502. Tustin, California 92680. WHEREAS, CITY and DEVELOPER entered into a Subdivision Improvement Agreement dated July 7, 1987, pursuant to CITY's approval of Parcel Map 75-306; and WHEREAS, said improvement agreement provides for installation of public improvements by DEVELOPER within a period of two years; and WHEREAS, the Rights and Obligations under the July T. 1987 Agreement were assigned to Bedford Development Company; and WHEREAS,. DEVELOPER desires an additional one-year period within which to complete the public improvements. NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER that Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as follows: "9. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein by July 7, 1990. DEVELOPER may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by DEVELOPER, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the DEVELOPER shall notify the City Engineer of cause of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall be final and conclusive. Any such extension of time due to delay Amendment to Subdivi ftImprovement Agreement 89-23T888 Parcel Map 85-306 Page Two 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 improvements have been accepted by the CITY." ATTEST: CITY OF SAN JUAN CAPISTRANO City ClAlrk 41 HAUSDORFER. M OR STATE OF CALIFORNIA) ss. County of Orange ) On this—,; ✓� day of 19_Zt, before me, , the undersigned Notary )ersonally known to me to be the person who executed the within instrument as Mayor of the City of San Juan Capistrano and acknowledged to me that the corporation executed it. Witness my hand and official seal. OFFICIAL SEAL CHERYL A JOHNSON m NOTARY PUBLIC -CALIFORNIA IPA" COIFNTY My mmm. expires MOV 11, 1989 Notary's Sfgnature Approved as to Form Cit; Attorney BEDFORD DEVELOPMENT COMPANY,a California Corporation By<=�-- V Mohan Vachani, Vice President STATE OF CALIFORNIA `, COUNTY OF _/u--- is, �I,PEc� alo /9� ,before me, the undersigned, a Notary Public in and for 0said State, personally appeared �10Gtar- (,( ayse rand v E personally known to me (or proved to me on the a basis of satisfactory evidence) to be the persons who executed the within instrument as i lu Ili E E � U o President acrd DtvQo��+��uf Po�+P.triVj� Seerotary, on behalf of „J�R� NU `o � the corporation therein named, and acknowledged to me that n U_ c such corporation executed the within Instrument pursuant to its by-laws of a resolution of its board of directors. AL 'SEAL WITNESS my hand and official seal. E C. CALIFORNIAIL ALIFOR NOTARYCONTRA STBLIC OSTA COUNTY RM p //� � /f• ��45i�(/!.�'/� L ��� plmreb ),IDD2 R Signature !/'e-'^""^ l notarial seal) CORPORATE ACKNOWLEDGMENT State of California SS. County of ()range MAR L4 -' Y ANNOTARYPUBLC ORANIGE COI1N'ry Mycomm. expires JUN 26, 1992 Ij On this the 3rd day of NO. 202 19 89 , before me, �f� % .r,✓ zyyo v� , the undersigned Notary Public, personally appeared Cheryl A. Johnson X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(ao who executed the within instrument as. municipal Deputy City Clerk oron behalf of th5fcorporion therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Vent.ra BIW. a PO. Box 4625 a Woodland Hills CA 91365-4625 .y . 87-397561 "City RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -345 pM JUL 1387 C+a V4 -e � RECORDING REQUESTED BY AND EXEMPT RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: C14 GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ARY AN1 ANOVER, City Clerk San JuaY Capistrano, CA r ►� PROJECT: Final Parcel Map No. 85-306 Rosar. Ranch ou SUBDIVISION IMPROVEMENT AGREEMENT r Y2r�f HIS AGREEMENT, made pursuant to the provisions of Division 2 S £ Title 7 of the Government Code of the State of California, by alff between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, hereinafter called the "CITY" and KAISER DEVELOPMENT COMPANY, a California Corporation, c/o Bedford Properties, Inc., 2011 Palomar Airport Road,.. Carlsbad, California 92008, hereinafter called the "DEVELOPER". W I T N E S S E T H WHEREAS, the CITY has conditionally approved Tentative Parcel Map 85-306 pursuant to Resolution No. 86-5-6-3; WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements for two (2) years from the date of CITY's approval of the Final Parcel Map No. 85-306; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security/surety as may be required by CITY to guarantee that all work and improvements for Final Parcel Map No. 85-306 will be completed 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 completion of improvements for Final Parcel Map No. 85-306 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: all off-site grading work; paving of all streets and public service easements; construction of concrete curbs, gutters, jj 8T-397661 41 PROJECT: Final Parcel Map No. 85-306 Rosen Ranch cross gutters and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit and street lighting system; installation of traffic signal at Avenida Aeropuerto/Camino Capistrano; installation of all street signs; the supplying and planting of all parkway landscaping and irrigation; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work and improvements; and to do and complete all other acts and obligations required by the CITY as conditions of the approval for Tentative Parcel Map No. 85-306 (Resolution No. 86-5-6-3). 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 for Tentative Parcel Map No. 85-306 and the improvements therefor. 4. DEVELOPER shall, prior to the City Council approval of Final Parcel Map No. 85-306, provide the following surety, 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 faithful performance surety equal to the total estimated cost of the work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of the 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) with the said security, DEVELOPER guarantees performance under this Agreement and maintenance of the work and improvements for one (1) year after its completion and acceptance against any defective workmanship, materials, or any unsatisfactory performance. 5. DEVELOPER guarantees that work and improvements shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one (1) year from the CITY's acceptance of the work and improvements as completed in accordance with the Municipal Code. DEVELOPER agrees to correct, repair or replace at his sole cost and expense any defects in said work and improvements. 6. Inspection of the work and improvements and/or materials, or approval of work and improvements and/or materials, or ROSAN.AGR 2 0 87-397 PROJECT: Final Parcel Map No. 85-306 Rosan Ranch statement by any officer, agent or employee of the CITY indicating that the work and improvements or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and improvements and/or materials, or payments therefor, or any combination of all or these acts, shall not relieve the DEVELOPER of his obligation to fulfill this Agreement as prescribed; nor shall the CITY be thereby estopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. 7. DEVELOPER hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work and improvements. 8. The City Engineer for the CITY 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 the City Engineer for the proper completion of said work and improvements 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. 9. DEVELOPER agrees to complete all of said work and improvements and to pay all costs specified herein within a period of two (2) years from the date of this Agreement. DEVELOPER may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this Agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by DEVELOPER, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the DEVELOPER shall notify the City Engineer of the causes of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall be final and conclusive. Any such extension of time due to delay 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 improvements have been accepted by the CITY. 10. DEVELOPER agrees that CITY may, upon thirty (30) calendar days written notice to DEVELOPER, 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 improvements, and DEVELOPER shall pay to said CITY, upon demand, all ROSAN.AGR 3 a 87-39*6 It. PROJECT: Final Parcel Map No. 85-306 Rosan Ranch 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 and improvements. 11. 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 Agreement, and such sum shall be made part of any judgment in such action against the DEVELOPER if such action is determined in favor of the CITY. 12. 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. 13. 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. 14. 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(s), sub- contractor(s), agent(s) or employee(s) in the performance of this Agreement. 15. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit during the course of any construction related to this Agreement, naming the CITY as a co- insured. 16. DEVELOPER may assign this Agreement to a third party provided that prior written approval by the CITY is granted. Said CITY approval shall not be unreasonably withheld. In the event of an assignment, all terms and conditions of this Agreement shall be binding upon all assignees or successors in interest. ROSAN.ACR 4 0 0 8T.-39T561D PROJECT: Final Parcel Map No. 85-306 Rosso Ranch IN WITNESS WHEREOF, the parties have executed this Agreement this day__ 7____ of ____ July______ 1987. ATTEST: By: 14, MARY ANb ANOVER, City Clerk APPROVED AS TO FORM: By: JOH ROSAN.AGR SHAW, City Attorney 6". CITY OF SAN JUAN CAPISTRANO By. ANTHONY L LAND, Mayo: LIT "CITY" By: KAISER DEVELOPMENT COMPANY, a California Corporation FRANK W. RICE, JR. Vice President "DEVELOPER" C 0 87.-.3970 '. PROJECT: Final Parcel Map No. 85-306 Rosen Ranch STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO On �l 1987 before me, the undersigned, a Notary Public in � for said State, personally appeared FRANK W. RICE, JR., personall, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of the Corporation that executed the within instrument and acknowledged to me that such corporar.i.on executed the within instrument to its by-laws or a resolution of its board of directors WITNESS y hand a d f al seal. / C OFFICIAL SEAL r0i H C01 effM CAufoftA MCE IN �Y Cam I "" IOUNFy r eS Feb. 17, Ift CORPORATE ACKNOWLEDGMENT MO 122 State of California 1 SS. County of Orange JI OFFICIAL SEAL '� CHERYL A JOHNSON NOTARY PUBLIC - CALIFORNIA ORANGE GO1if7TY My comm, expires NOV 11, 1989 NO 202 On this the 7th day of July 1987-, before me, Cheryl A. Johnson the undersigned Notary Public, personally appeared Anthony L. Bland and Mary Ann Hanover X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. 1 Mayor and City Clerk oron behalf of th�e(acmP poraf�n therein uici named, and acknowledged to me that the/cormporatena n executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012Ventura Blrtl. • PO Bon4625 • Woodland Hieea CA 91365W625 ROSAN.AGR 6 350 • • 8. substantial compliance with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Subdivision Improvement Agreement for forwarding to the Orange County Recorder. As set forth in the Report dated July 7, 1987, from the City Attorney, the Claims filed against the City in conjunction with a February 27, 1987, accident which occurred on Camino Capistrano north of Junipero Serra, were denied. PUBLIC HEARINGS 1. Proposal: Consideration of a rezone from PR (Private Recreation) to IP (Public Institutional) to permit construction of a senior living facility on approximately .7091 acres located immediately south of the senior living facility located at 32353 San Juan Creek Road. Surrounding uses include a tennis facility to the west, senior living facility to the north, golf course to the east, and single-family residences to the south. Applicant: ARC Development, Inc., 3450 Highland Drive, Suite 202, Salt Lake City, Utah 84106. Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, forwarding a recommendation of approval. Exhibits were on display and Susan Tebo, Associate Planner, made an oral report, advising that the proposed use was consistent with the General Plan designation, would be an expansion of the existing use, and had received support of the adjacent residential neighborhood. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded in support of the proposed zone change and project: (1) Ann Treacy, 31851 Paseo Terraza; (2) Bertha Taylor, 32353 San Juan Creek Road, resident of Casa San Juan; (3) Robert Brooks, representing ARC Development; and, (4) Dale Gray, founder and president of American Residential Chateaus, the company that will operate the proposed facility and operates the existing facility. -4- 7/7/87 349 CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated June 18, 1987, Warrant Nos. 3,448-3,585, in the total amount of $608,407.40, was approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of May 31, 1987, in the total amount of $665,349.53, was approved as submitted. 3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated July 7, 1987, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of June 23, 1987, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated July 7, 1987, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 15, 1987, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated July 7, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of June 23, 1987, was ordered received and filed. 6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20) The Report dated July 7, 1987, from the Director of Public Works, setting forth the status of the construction of the Camino Capistrano Bridge, was ordered received and filed. 7. APPROVAL OF SUBDIVISION AGREEMENT AND FINAL MAP - �► PARCEL MAP 85-306 ROSAN KAISER (600.30/420.-770 <�— As set forth in the Report dated July 7, 1987, from the Director of Public Works, Final Parcel Map 85-306 was approved with a determination that said Map was in -3- 7/7/87 r. •s1,,��� last WELLS FARGO BANK,N.A. PO 80%63022, SAN FRANCISCO, CALIFORNIA 94163 U 9000 FLAIRE DRIVE. EL MONTE, CALIFORNIA 91735 LETTER OF CREDIT OPERATIONS 525 MARKET STREET, 25TH FLOOR SAN FRANCISCO, CA 94163 LETTER OF CREDIT City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Stephen B. Julian, City Manager RE: IRREVOCABLE LETTER OF CREDIT NO. I-83068; PARCEL MAP 85-306/ROSAN RANCH Gentlemen: We have been informed by Kaiser Development Company, a California corporation, hereinafter referred to as "Principal", but have not independently confirmed, that this Letter of credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred as "City", and Principal covering certain improvements to be installed in that certain subdivision known and designated as Parcel Map No. 85-306/Rosan Ranch by Principal and in accordance with said agreement. At the request of Principal, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. I-83068 in the amount of SEVEN HUNDRED SIXTY-FOUR THOSAND U.S. DOLLARS (U.S.S764,000.00) to be paid by drafts at sight on us if accompanied by a certificate dated and signed by the City Manager or City Attorney of City in the following form: The undersigned, the [City Manager or City Attorney] of the City of San Juan Capistrano, California, hereby certifies that: 1. Kaiser Development Company has failed to perform its obligations under that certain agreement entered into between the City of San Juan Capistrano and Kaiser Development Company covering certain improvements to be installed in that certain subdivision known and designated as Parcel Map No. 85-306/Rosan Ranch in accordance with said agreement; 2. The amount of the sight draft accompanying this certificate is U.S. Dollars (U.S. $ ) and the amount of this draft is now _ due and payabla.to the City of San Juan Capistrano under 7 said agreement. (CONTINUED ON PAGE 2) Surae �/851 WELLS FAR G O BANl<!,N A. P 0 BOX 63022, SAN FRANCISCO, CALIFORNIA 90163 9000 FLAIRE DRIVE, EL MONTE, CALIFORNIA 91735 LETTER OF CREDIT OP ATIONS 525 MARKET STREET, TH FLOOR SAN FRANCISCO, CA 94163 — Page 2 — Our L/C No. I-83068 ALL drafts under this Letter of Credit shall be marked: NAME OF BANK ADDRESS IRREVOCABLE LETTER OF CREDIT NO. I-83068 We expressly agree with you that aLL drafts drawn under and in compliance with the terms of this Letter of Credit shall meet with due honor in accordance with Section 5112 of the Uniform Commercial Code of the State of California. Partial drawings are permitted hereunder. This Letter of Credit expires at our above office on June 30, 1989 and shall be automatically extended without written amendment to June 30 in each successive calendar year unless not Less than sixty (60) calendar days prior to any June 30 (including June 30, 1989), we have sent notice to you in writing by registered mail at your address above that we elect not to renew this Letter of Credit beyond the June 30 next succeeding by at least sixty (60) calendar days, the date we send you such notice. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce, Publication No. 400 ("UCPA") and to the Uniform Commercial Code of the State of California ("UCC'). In the event of any conflict between the UCPA and the UCC, the UCC shall prevail and control. DATED: JULY 7, 1987 WELLS FARGO BANK, NATIONAL A CIATION By: Authorized Signature JAACE O.Y. HUNT AGENDA ITEM TO: FROM: SUBJECT: SITUATION 0 0 July 7, 1987 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Approval of Subdivision Improvement Agreement/Final Map - PM 85-306 (Rosan/Kaiser) Final Parcel Map 85-306 will create five commercially zoned parcels within 17 acres. All conditions required prior to Final Map approval (per Resolution 85-5-6-3) have been met. Camino Capistrano has been designed for a travel speed of 45 mph, rather than 55 mph, due to design constraints (grade limits and adjacent retaining wall height limits). The existing posted speed limit for this section of Camino Capistrano is 45 mph. The Map has been found to be technically correct and in conformance with Article 2, Chapter 2 of the Subdivision Map Act. Attached is a location map and a guide for Council review. NOTIFICATION Kaiser Development (Property Owner) Bedford Properties (Developer) Psomas & Associates (Project Engineer) COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been reviewed and approved by the Environmental Review Board and the Traffic and Transportation Commission. The Tentative Map was approved by the City Council on May 6, 1987. FINANCIAL CONSIDERATIONS All required fees have been paid and all sureties (Letter of Credit) have been posted. ALTERNATE ACTIONS 1. Approve Final Parcel Map 85-306 and Subdivision Improvement Agreement. 2. Do not approve Final Parcel Map 85-306 and Subdivision Improvement Agreement. 3. Request additional information from Staff. FOR CITY COUNCIL AGENDA E7 AGENDA ITEM • July 7, 1987 Page Two RECOMMENDATION • By motion, approve Final Parcel Map 85-306 (Rosan/Kaiser) by determining said map is in substantial compliance with the approved Tentative Map. Authorize the City Engineer and City Clerk to execute the Final Maps, authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and authorize the City Clerk to record the documents. Respectfully submitted, W. D. Murphy WDM/RAF:nb 10. REJECTION OF APPLICATION FOR FILING OF LATE CLAIM (SMITH) (170.101 An application to File Late Claim received by the City on April 4, 1989, from the law offices of John R. Cogorno on behalf of Thomas Smith, Jr., a minor, arising from a July 24, 1988, burn injury from a barbecue pit, was denied, as set forth in the report dated May 2, 1989, from the City Attorney. As set forth in the Report dated May 2, 1989, from the Director of Public Works, the temporary easement for a cul-de-sac area on Via Terraza was quitclaimed to the owners of Lots 10 (Ronald Sully) and 11 (J.G.M. Jones), Tract 5996. The Mayor and City Clerk were authorized to execute the deeds for recording. 12. CITY VEHICLES - AWARD OF CONTRACT (370.30) As set forth in the Reports dated May 1 and May 2, 1989, from the Director of Public Works, the contract for the purchase of two City vehicles (one mid-size utility truck and one half -ton pickup) was awarded to Allen GMC in the amounts of $14,616.34 and $12,877.94, respectively. 13. ROSAN _ RANCH -_ As set forth in the Report dated May 2, 1989, from the Director of Public Works, a one-year extension of the Subdivision Agreement and Letter of Credit for Rosan Ranch was approved. The City Clerk was directed to record the Amendment to the Subdivision Agreement. APPROVAL OF SUBDIVISION AGREEMENT AND FINAL MAP - TRACT 13532 MARBELLA VILLAS (600 30) This item will be rescheduled for the meeting of May 16, 1989. cr= 5/2/89 AGENDA ITEM May 2, 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Rosan Ranch - One Year Extension of Subdivision Agreement and Letter of Credit SITUATION The Subdivision Agreement for Rosan Ranch will expire July 7, 1989. The applicant is requesting a one-year extension, provisions for which are written into the Subdivision Agreement. NOTIFICATION Bedford Development Company; City Attorney COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Extension of Letter of Credit and Amendment to Subdivision Agreement have been furnished. ALTERNATE ACTIONS 1. Approve one-year extension of Subdivision Agreement and Letter of Credit; 2. Do not approve one-year extension of Subdivision Agreement and Letter of Credit; 3. Request further information from Staff. RECOMMENDATION Approve one-year extension of Subdivision Agreement and Letter of Credit; and direct City Clerk to record Amendment to Subdivision Agreement. (Respectfully submitted, 1,., vN,, j)-v� W. D. Murphy WDM/JHS:nb FOR CITY COUNCIL AGENDE E (`i _ L._ WELLS FARGO BANK 4-,Uf cn'ctaa.1'091 CA SYbdtN 7 r April 270 1989 6%c-rA- #wib�+� City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Attentions John R. Shaw, City Attorney Gentlemen: Pursuant to the Wells Fargo Bank irrevocable Letter of Credit No. 1-83068, Parcel Map 85-306/Rosen Ranch (Letter of Credit) issued July 7, 19e6, we have received a Certificate of Amendment changing the name of Kaiser bevelopment Company t^ Bedford Development Company. This certificate is dated March 1, 1989 and filed March 20, 1989 with the Secretary of State, Despite this Certificate of Amendment, be advised that Wells Fargo Bank will continue to honor the terms of the above referenced Letter of Credit. Sincerely, 'v-�� Molly �.icCabe Assistant Vice President cc: Susan Payne, Bedford Larry Andow, WFB • 0 i ITY CLERK'S DEPARTMENT - ACTION REMINDER 6CO' 36 TO: Theodore Simon, City Engineer 1 FROM: Dawn M. Schanderl, Deputy City Clerk DATE: April 5, 1996 1 SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement extended to January 7, 1991 (Project taken over by Bedford Properties) On December 4, 1990, agreement extended to April 15, 1991. On June 24, 1991, agreement extended to April 15, 1992. On May 15, 1992, agreement extended to April 15, 1993. On April 8, 1993, agreement extended to April 1, 1994. On March 7, 1994, agreement extended to April 1, 1995. On March 3, 1995, agreement extended to April 12, 1996 ACTION REQUESTED: Agreement states that the developer may be granted an extension to time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this division if agreement will be extended for another year or if agreement will be completed by April 12, 1996, ACTION TO BE TAKEN: �� �/�G�� /ry n' , V" v C{', d `�2'" , 0 c Cwt c d"L DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: * * *FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07102190 12107190 03115191 03115192 Deadline Date: 07107190 01107191 04115191 04115192 03101195 04105196 04101195 04116196 cc: Department Head City Attorney (60030/kaiser) *No insurance per Tony Foster - work not being done. 04101193 03101194 04115193. 04101194 0 CITY CLERK'S DEPARTMENT - jACTION REMINDER TO Theodore Simon, City Engineer �S FRO Dawn Schanderl, Deputy City Clerk DATE: March 1, 1995 SITUATION: &©O. 30 14,gr-3406 A 9) 4 On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) On December 4, 1990, agreement was extended to April 15, 1991. On June 24, 1991, agreement was extended to April 15, 1992. On May 15, 1992, agreement was extended to April 15, 1993. On April 8, 1993, agreement was extended to April 1, 1994. On March 7, 1994, agreement was extended to April 1, 1994. ACTION REQUESTED: Said agreement was extended to April 1, 1995. The agreement states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on April 1st. ACTION TO BE TAKEN: EX-le'd at�n� 4 Il p"" /l /'q �aI./ DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: '�Za 5/ - SIGNATURE SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: J1 5 - ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 12/07/90 3/15/91 Deadline Date: 07/07/90 01/07/91 4/15/91 03/01/94 03/01/95 04/01/94 04/01/95 cc. City Attorney Department Head (600.30/kaiser) No insurance per Tony Foster - work is not being done. Properties is Mark Yorita. 31-61 q(5 dam-_ 3/15/92 04/01/93 4/15/92 04/15/93 The project manager for Bedford CITY CLERK'S DEPARTMENT - ACTION REMINDER rdtd r TO:Theodore Simon, City Engineer ("{ �h19� ��.;�,,.' r FROM: 'Dawn Schanderl, Deputy City Clerk DATE: March 1, 1994 SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) On December 4, 1990, agreement was extended to April 15, 1991. On June 24, 1991, agreement was extended to April 15, 1992. On May 15, 1992, agreement was extended to April 15, 1993. On April 8, 1993, agreement was extended to April 1, 1994. ACTION REQUESTED: Said agreement was extended to April 1, 1994. The agreement states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on April 1st. ACTION TO BE TAKEN: Ex/i.j fa"'e� 4 6 A4 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 104/1. /7 / M - SIGNATURE OF OFFICIAL TAKING ACTION: (U J '— DATE SIGNED: 7 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02190 12/07/90 3/15/91 3/15/92 04/01/93 Deadline Date: 07/07/90 01/07/91 4/15/91 4/15/92 04/15/93 03/01/94 04/01/94 cc: City Attorney Department Head (600.30/kaiser) No insurance per Tony Foster - work is not being done. The project manager for Bedford Properties is Mark Yorita. A'�PPoIM42--� CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk SITUATION: Ig181% CVM42- DATE: ap"L1, 993 On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) On December 4, 1990, agreement was extended to April 15, 1991. On June 24, 1991, agreement was extended to April 15, 1992. On May 15, 1992, agreement was extended to April 15, 1993. ACTION REQUESTED: Said agreement was extended to April 15, 1993. The agreement states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on April 15th. ACTION TO BE TAKEN: by hA.I 7LLC DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: /0 DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 Deadline Date: 07/07/90 04/01/93 04/15/93 cc: City Attorney Assistant City Manager Department Head 12/07/90 3/15/91 3/15/92 01/07/91 4/15/91 4/15/92 (600.30/kaiser) No insurance per Tony Foster - work is not being done. The project manager for Bedford Properties is Mark Yorita. #h lq--� p g115ho) 4a&; )- , `-Mz &A6 jozc CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk DATE: March 15, 1992 SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) On December 4, 1990, agreement was extended to April 15, 1991. On June 24, 1991, agreement was extended to April 15, 1992. ACTION REQUESTED: Said agreement was extended to April 15, 1992. The agreement states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on April 15th. ACTION TO BE TAKEN: lilc JJ L,n pmt„ (j DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: la � SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: /SJ 9L ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 12/07/90 3/15/91 3/15/92 Deadline Date: 07/07/90 01/07/91 4/15/91 4/15/92 cc: City Attorney Assistant City Manager Department Head (600.30/kaiser) No insurance; per Tony Foster there is no work being done. The project manager for Bedford Properties is Mark Yorita. 3-i6-9� rnn1 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO, Ted Simon, City Engineer (/ FROM: Records Coordinator DATE: March 15, 1991 SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) On December 4, 1990, agreement was extended to April 15, 1991. ACTION REQUESTED: Said agreement was due to expire on July 7, 1990, and was extended to April 15, 1991. The amendment states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on April 15th. ACTION TO BE TAKEN: p/4 / ¢ l 1, -/S- 92 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 7u SIGNATURE OF OFFICIAL TAKING ACTION: Q� V, �' DATE SIGNED:of ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 12/07/90 3/15/91 Deadline Date: 07/07/90 01/07/91 4/15/91 cc: City Attorney 'J) 111 Gf Assistant City Manager LSI (600.30/kaiser) No insurance; per Tony Foster there is no work being done. The project manager for Bedford Properties is Mark Yorita. oo- 4 V /�w 44Ah CITY CLERK'S DEPARTMENT - ACTION REMINDER /ti / 7. ra FROM: Records Coordinator DATE: December 7, 1990 f SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. On July 2, 1990, agreement was extended to January 7, 1991. (Project taken over by Bedford Properties) ACTION REQUESTED: Said agreement was due to expire on July 7, 1990, and was extended to January 7, 1991. The amendment states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will be completed on January 7th. ACTION TO BETAKEN: 7'z -j fxp r. DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: f//f /e 7s / F`d / SIGNATURE OF OFFICIAL TAKING ACTION: ,G1 DATE SIGNED: 1a• 3- Q// ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 12/07/90 Deadline Date: 07/07/90 01/07/91 cc: City Attorney Assistant City Manager (600.30/kaiser) No insurance; per Tony Foster there is no work being done. The project manager for Bedford Properties is Mark Yorita. V r. - 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Tony Foster, Engineering Assistant FROM: Records Coordinator DATE: July 2, 1990 SITUATION: On July 2, 1989, the City entered into an Amendment to Subdivision Improvement Agreement, Parcel Map 85-306, with Kaiser Development Company. ACTION REQUESTED: Said agreement is due to expire on July 7, 1990. The amendment states that the developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named provided the City Engineer concurs. Please notify this department if agreement will be extended for another year or if agreement will expire on the July 7th stated completion date. ACTION TO BE TAKEN: c!liC.�l 3a /-7-1/ DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 12-- SIGNATURE L SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Z o ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: Deadline Date: 07/07/90 cc: City Attorney Assistant City Manager (600.30/kaiser) No insurance b�,r l} ��c.l{✓C� 1 V l.> lLi') J (11(J ��y �Cf%C%l]` kAiS(�r �'V, � �L L64 Lam 1/JCI gs - nLT ,. c I (�9 Q�t- h �n�%L�' I/ P�'� J fl- • CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Bill Murphy, Director of Public Works FROM: City Clerk SITUATION: DATE: June 4, 1989 At their meeting of July 7, 1987, the City Council entered into a subdivision Improvement Agreement with Kaiser Development Company in regards to Tentative Parcel Map 85-306. The expiration date of this agreement is July 7, 1989. ACTION REQUESTED: Under certain terms an entension may be given by the City Engineer. Please see the attached agreement. Please notify this office of the status of the agreement. 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: 06/09/89 Deadline Date: 07/07/89 cc: City Attorney Assistant City Manager 0 March 30, 1989 Ms. Susan Payne Bedford Properties 3002 Dow Avenue, Suite 502 Tustin, California 92680 Ak i ,�)M . ,e3o L E CITY COUNCIL L. BLAND F. BUCHHEIM E. FRIESS kUSDORFER SCHWARTZE 3, JULIAN Re: Rosan Ranch Subdivision Agreement Extension Dear Ms. Payne: Your letter of March 3, 1989, to Tom Merrell has been directed to me for response. In order to process this request for a one-year extension, I need the following: 1. An agreement, in writing, from your surety agreeing to the one-year extension or provide new surety bonds. 2. Sign, notarize, and return the enclosed "Amendment to Subdivision Improvement Agreement." Upon receipt of the above. i will schedule this for City Council action and recommend that they accept it. Very truly 4 ours, Joseph H.Steenblik Associate Civil Engineer JHS:kls cc: Stephen B. Julian, City Manager W.D. Murphy, Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 0 RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO City C1erles Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recording fees exempt due to Government Code Sec. 6103 Documentary Transfer Tax - No Consideration Mary Ann Hanover, City Clerk City of San Juan Capistrano AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (Parcel Map 85-306) Rosan Ranch, San Juan Capistrano, California This amendatory agreement is made this day of , 1989 by and between the City of San Juan Capistrano (hereinafter referred to as "City'), and Kaiser Development Company, a California corporation, c/o Bedford Properties, Inc., 2011 Palomar Airport Road, Carlsbad, California 92008 (hereinafter called "Developer"). Recitals Whereas, City and Developer entered into a Subdivision Improvement Agreement dated July 7, 1987 pursuant to City's approval of Parcel Map 75-306; and Whereas, said improvement agreement provides for installation of public improvements by Developer within a period of two years; and Whereas, Developer desires an additional one-year period within which to complete the public improvements, NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER that Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as follows: 11 9. Developer agrees to complete all of said work and improvements and to pay all costs specified herein by July 7, 1990. Developer may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by Developer, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Developer shall notify the City Engineer of caused of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall be final and conclusive. Any such extension of time due to delay shall, however, be subject 0 0 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 improvements have been accepted by the City." CITY OF SAN JUAN CAPISTRANO By Gary L. Hausdorfer, Mayor STATE OF CALIFORNIA ) ss. County of Orange ) On this day of , 19 , before me, , the undersigned Notary Public, personally appeared GARY L. HAUSDORFER, personally known to me to be the person who executed the within instrument as Mayor of the City of San Juan Capistrano and acknowledged to me that the corporaion executed it. Witness my hand and official seal. Notary's Signature KAISER DEVELOPMENT COMPANY, a California corporation W STATE OF CALIFORNIA ) ss. County of Orange ) On this day of , 19 , before me, the undersigned Notary Public, personally appeared %% personally known tome (% proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as __ LI • or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. Witness my hand and official seal Notary's Signature APPROVED AS TO FORM: John R. Shaw City Attorney MEMORANDUM March 27, 1989 P� rG�+Q.ume )sem,, TO: W. D. Murphy, Public Works Director FROM: John R. Shaw, City Attorney / SUBJECT: Rosan Ranch/Subdivision Improvement Agreement Extension Question AM SS -30b This memorandum comments on your memorandum dated March 24, 1989 to Tom Merrell regarding Bedford Properties' request to extend the life of the Subdivision Improvement Agreement between City and Kaiser Development Company. The Agreement has a two-year term and will expire on July 7, 1989. Bedford, which apparently is an agent of Kaiser Development Company, requests that the Subdivision Improvement Agreement be extended for a one-year period through July 7, 1990. There is no legal reason why the Subdivision Improvement Agreement cannot be amended to provide for an additional extension of a one-year period. Pursuant to Government Code Section 66462(a), the terms and conditions of subdivision improvement agreements are strictly negotiable between the public entity and the subdivider. If the City is agreeable to allowing a one-year extension of the Agreement, the appropriate legal vehicle would be a short amendatory agreement requiring City Council approval. (see enclosure) The basic issue is simply whether the Public Works Department, from a policy point of view, has any problem with the one-year extension. If the Public Works Depart- ment does not have a policy problem with extending the Agreement for a one-year period, then it would be appropriate for your department to forward staff report to the City Council for its review. In addition, if there is to be a one-year extension, either the�xistioe surety will have to agree -to the extension in writing, or new bonds will have to be posted in the alternative. If you should have any further questions, please advise. JRS/ef cc: City Manager Tom Merrell ,'bV '-1 I_ /� =�UIvF.D MAR 2 g 1989 CITY OF >NJC SMANO \ FORNA l \� MEMORANDUM TO: FROM: SUBJECT: jG S March 24, 1989 Thomas G. Merrell, Director of Community Planning & Development W. D. Murphy, Director of Public Works Rosan Ranch - PM 85-306 The Bedford Properties letter of March 3rd requests a one-year extension of the Rosan Ranch Subdivision Improvement Agreement. A requirement of the agreement is that the developer provide traffic striping plans for the City Engineer's review and approval. This has not been accomplished within the agreement. Paragraph 9 provides that the developer may be granted an extension for various delays, including acts of God, etc. and, upon notice of same to the City Engineer, he shall ascertain the facts and make a determination. I find that none of these conditions exist. There has been no construction done on this project. It does not appear that the City Engineer would have the authority to grant an extension to this agreement. I believe we should have John Shaw's review of this situation before taking action. WDM/TGS:kIs cc: Stephen B. Julian John Shaw A MEMORANDUM TO: FROM: SUBJECT: 0 J� M arch• 1989 Thomas G. Merrell, Director of Community Planning & Development W. D. Murphy, Director of Public Works Rosan Ranch - PM 85-306 The Belford Properties letter of March 3rd requests a one-year extension of the Rosan Ranch Subdivision Improvement Agreement. A requirement of the agreement is that the developer provide traffic striping plans for the City Engineer's review and approval. This has not been accomplished within the agreement. Paragraph 9 provides that the developer may be granted an extension for various delays, including acts of God, etc. and, upon notice of same to the City Engineer, he shall ascertain the facts and make a determination. I find that none of these conditions exist. There has been no construction done on this project. it does not appear that the City Engineer would have the authority to grant an extension to this agreement. I believe we should have John Shaw's review of this situation before taking action. Ln\- WDM/TGS:kls cc: Stephen B. Julian John Shaw MEMORANDUM TO: FROM: SUBJECT: 0 0 March 13, 1989 Thomas G. Merrell, Director, Community Planning and Development W. D. Murphy, Director of Public Works Rosan Ranch - PM 85-306 The Belford Properties letter of March 3rd requests a one year extension of the Rosan Ranch Subdivision Improvement Agreement. Upon a review of the files, I find that the engineering drawings, as they pertain to the traffic striping (specifically Sheet 7) on Camino Capistrano have not been completed by their engineer and submitted for my final review and approval. Paragraph 9 of the agreement provides that the developer may be granted an extension for various delays, including acts of God, etc. and, upon notice of same to the City Engineer, he shall ascertain the facts and make a determination. However, I find that none of these conditions exist. There has been no construction done on this project. It doesn't appear that the City Engineer has authority to grant an extension to this agreement. It would be beneficial to have John Shaw's review of this situation. WDM/TGS:nb M. Stephen B. Julian John Shaw 0 1" , O March 8, 1989 �Ui �'inloevoe�o Ineeusxlo �` I861 1776 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN �M> GUOnq ,bS M-df01d38W Betv m-Pnyf+e Re: Rosan Ranch - PM 85-306 � �d PAle tt erEEaquestft3a one year extension of the Rosan Ranch ubdivision -- mprovement Agreement, di, c�_ ca/� � here has been ebel y noA;:e k done on 's.pr9ject, p can in n an extension to this a reemen Paragraph 9 o the agreement provides that the developer may be granted an extension for ro various delays, including acts of God, etc. and upon notice of same to the City Engineer, he shall ascertain the facts and make a determination. However, T find _) that none of these conditions exist. (,�U, *&y Stif 7 ) Upon a review of the files, I find that the engineering drawings, as they pertain to the traffic striping -on Camino Capistrano have not been completed by your Office` and submitted for my final review and approval. o he cnc+c Th�. TGS:kls cc: Stephen B. Julian /14 hr— IV, 5 rtlr 22400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-tt71 BEDFORD PROPERTO'S r` 1 40-l" 2 /&ya�,, ! gypAl. a' MAR i w %fie " AV,,, March 3, 1989 sar�r� a� Ilt 1140L, CP 41 5 � A Mr. Tom Merrel 9 vt✓ h Director of Planning Yv ts� City of San Juan Capistrano cf ply ws� v 7 32400 Paseo Adelanto 3�8�89 San Juan Capistrano, CA 92675 (Sti f tyd 1 a o C'2 S RE: Rosan Ranch Subdivision Improvement Agreement Dear Tom: Please advise as to the procedure and timing involved in the extension of the above referenced Subdivision Improvement Agreement pertaining to the Rosan Ranch project which is due to expire July 7. 1989. Kaiser Development Company would like to extend the agreement for a period of at least one year, or through July 7. 1990. A copy of the executed Subdivision Improvement Agreement is enclosed for your reference. I can be reached at (714) 838-7979 to discuss this matter. Your prompt response is appreciated. Sincerely, Susan Payne Project Manager SP:mf Enclosure cc: Kevin Hanson, Bedford Properties (bill Murphy, Director of Public Works John Shaw, City Attorney Bedford Properties, Inc. 3002 Dow Avenue Telephone Facsimile A Diversified Real Estate Suite 502 714 714 Developmentand Tustin, California 838-7979 838-8353 Management Company 92680 MOWED JAN 13 3 20 PN T II II ^J.fY �::LE4,K IEPA,1 tofu i r 17 January 12, 1988 Mary Ann Hanover City Clerk CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Change of Address and Company Dear Mary Ann: Please be advised that in December 1986, Kaiser Development Company was acquired by Bedford Properties, Inc. With this change I transferred to our Westlake Village project office. Even though I have moved to the Westlake Village office, I am still responsible for a project in San Juan Capistrano and would appreciate being kept apprised of City Council and Planning Commission meetings as well as Public Hearing notices. Please send future mailings to: M. J. Ritschel BEDFORD PROPFa-JES, INC. 31416 Agoura Road, #110 Westlake Village, CA 91361 Should you have any questions regarding this matter please feel free to call me at (818) 706-8514. Sincerely, Mitch J. Ritschel�, Project Manager MJR:prd s A' I July 10, 1987 Frank W. Rice, Jr., Vice President Kaiser Development Company c/o Bedford Properties 2011 Palomar Airport Road Carlsbad, California 92008 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN S JULIAN Re: Approval of Subdivision Agreement and Final Parcel Map 85-306 (Rosan/Kaiser) Dear Mr. Rice: The City Council of the City of San Juan Capistrano at its regular meeting held July 7, 1987, approved the Subdivision Improvement Agreement and Final Parcel Map 85-306 for Rosan Ranch. A fully -executed copy of the Agreement is enclosed for your records. The City's copy of the Agreement has been forwarded to the County for recording. Thank you for your cooperation. If we can be of further assistance, please call Very truly yours, Mary Ann Hover, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Bedford Properties Psomas and Associates 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMORANDUM TO: John Gibson, City Treasurer FROM: Dawn Marie Schanderl, Records Coordinator DATE: July 9, 1987 SUBJECT: Letter of Credit No. 1-83068, Parcel Mao 85-306 - Letter of Credit No. 1-83068, dated July 7, 1987, was received from Well Fargo Bank in the amount of $764,000.00 for Parcel Map 85-306 Rosan Ranch/Kaiser Development Company. The letter is forwarded to you for placement in the safety deposit box. Mary Ann Hanover M ,n AH/dmm� cc: Tony Foster, Assistant Engineer MEMORANDUM TO: FROM: SUBJECT: 0 Mary Carlson, Deputy City Clerk 0 July 7, 1987 R. Anthony Foster, Engineering Assistant Subdivision Improvement Agreement PM 85-306 (Rosan) Three copies of the above -referenced Agreement are attached for your use. The Agreement is scheduled to be approved 7/7/87, along with the Parcel Map. RAF:nb attachments I E May 4, 1989 Mr. Brandy Birtcher 25261 Stageline Drive Laguna Hills, California 92653 Re: Rosan Ranch Subdivision Agreement Dear Brandy: i<< MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At our meeting of April 14, you had concerns with regard to the extension of the Subdivision Agreement for the Rosan Ranch. I have attached the approved Council action of May 2 which provided for this action. As a formality, the City Clerk will be transmitting the amendment to record the Subdivision Agreement. The agreement would provide that all of said work and improvements be completed by July 7, 1990. Should you need further information on this agreement, please contact either Ted Simon, our City Engineer, or myself. Very truly yours, AX'a W. D. Murphy Director of Public Works WDM:nb cc: Stephen B. Julian Theodore G. Sion Tom Lunnen Attachment 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 E May 4, 1989 Mr. Tom Lunnen Lunnen Development 24012 La Plata, Suite 360 Laguna Hills, California 92653 Re: Rosan Ranch Subdivision Agreement Dear Tom: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At our meeting of April 14, you had concerns with regard to the extension of the Subdivision Agreement for the Rosan Ranch. I have attached the approved Council action of May 2 which provided for this action. As a formality, the City Clerk will be transmitting the amendment to record the Subdivision Agreement. The agreement would provide that all of said work and improvements be completed by July 7, 1990. Should you need further information on this agreement, please contact either Ted Simon, our City Engineer, or myself. Very truly yours, Alc"Qle W. D. Murphy Director of Public Works WDM:nb cc: Stephen B. Julian Theodore G. Simon/ Brandy Birtcher ,/ Attachment 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 May 4, 1989 Susan Payne Bedford Development Company 3002 Dow Avenue, Suite 502 Tustin, California 92680 Jew„ • oo� yam �Muvlo 1961 1776 Re: Extension of Subdivision Extension of Subdivision Agreement - Parcel Map 85-306- Parcel Map 85-306 Dear Ms. Payne: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At their regular meeting held May 2, 1989, the City Council of the City of San Juan Capistrano approved the Amendment to Subdivision Improvement Agreement for Parcel Map 85-306. The Amendment extended the Subdivision Agreement to July 7, 1990. A fully -executed copy of the Agreement is enclosed for your files. The original has been forwarded to the Orange County Recorder's Office. Very truly yours, Mary Ann H nover, CMC City Clerk MAHJcj Enclosure cc: Director of Public Works (with agreement) 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171