08-0318_HABITAT FOR HUMANITY_Subdivision Improvement AgreementRECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Cap! -'--no, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Margaret R. Monahan, City Clerk
San Juan Capistrano, CA
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Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San
Juan Capistrano, California, and Habitat for Humanity of Orange County, Inc., whose mailing
address is 2200 South Ritchey, Santa Ana, California 92705, developer of twenty-seven owner
occupied affordable units in tract 17027 requires the developer to complete the following, to wit:
WIDENING AND IMPROVEMENT OF CALLE ROLANDO IN CONJUNCTION WITH THE
DEVELOPMENT OF TRACT 17027, IN THE CITY OF SAN JUAN CAPISTRANO.
That work was completed by said developer on September 4, 2008, 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 of San Juan Capistrano at 32400 Paseo Adelanto, San
Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 7th
day of October, 2008, by Resolution No. 08 -10 -07 -
That upon said contract, Developers Surety and Indemnity Company was surety for the bond(s)
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 7t' f October 08��
of S�n Juan Capistrano
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, 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
1) 1 have read the foregoing document and know the contents thereof, and the facts therein state
are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) the foregoing
Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Clerk.
Dated at San Juan Capistrano this 7`h day of October, 2008.
L,�
R. Monahan, City Clerk
n Juan Capistrano
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RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Title of Document:
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Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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This Space for Recorder's Use Only
SUBDIVISION IMPROVEMENT AGREEMENT
TENTATAIVE TRACT MAP 17027
SD
SUBDIVISION IMPROVEMENT AGREEMENT
SUBJECT: TENTATIVE TRACT MAP 17027
THIS AGREEMENT is made this day of,'2008 between the CITY
OF SAN JUAN CAPISTRANO, a municipal corpo at -ion, State of California,
hereinafter referred to as "City" and Habitat for Humanity of Orange County, Inc., a
California non-profit, public benefit corporation whose mailing address is 2200
South Ritchey Street, Santa Ana California 92705, hereinafter referred to as
"Subdivider":
WHEREAS, the tentative map application was conditionally approved by Resolution
No. 06-09-19-05; and,
WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City
of San Juan Capistrano, Orange County, generally described as Vesting Tentative Tract
Map 17027 and Subdivider proposes to do and perform certain work of improvement
thereon as hereinafter set forth; and
WHEREAS, City desires to assure that said proposed improvements will be done in
a good workmanlike manner and in accordance with the laws now in force and effect in the
City of San Juan Capistrano, California, the terms and conditions of which are incorporated
herein by reference; and
WHEREAS, Subdivider declares that he is familiar with the pertinent regulations
contained in the City Code and in the Subdivision Map Act (Government Code Sections
66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of said subdivision prepared in accordance with the City's
Subdivision Ordinance, has been filed by Subdivider with City for approval by the City
Council.
NOW THEREFORE, in consideration of the approval and acceptance by the City
Council of City of said Final Map and the acceptance of easements therein offered for
dedication for street and other public purposes and the covenants herein contained, the
parties hereto mutually covenant and agree as follows:
1. General Requirements:
Subdivider shall comply with all the conditions of approval set forth in City Council
Resolution No. 06-09-19-05 for Tentative Tract Map 17027 and shall, at his own
cost and expense, provide all required tests, design work, equipment, materials and
labor in order to complete all of the works of improvement (the "Works of
Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such
works of improvement shall include but not be limited to the placement of curb
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markers at all proposed street catch basin inlet structures in accordance with the
National Pollution Discharge Elimination System (NPDES) requirement.
2. Security:
A. Subdivider shall, at all times beginning with the execution of this agreement,
guarantee Subdivider's performance of this agreement by providing City with
the following security instruments (the "Security Instruments"), as required by
the State Subdivision Map Act, on forms approved by City for the purposes
and in the amounts as follows:
(i) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of
the estimated cost of construction of the improvements and 110% of
the estimated cost of the water improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment or furnishing labor or
materials for the improvements required to be constructed or installed
pursuant to this agreement in the additional amount of 100% of the
estimated cost of construction of the improvements and 110% of the
estimated cost of the water improvements; and
(iii) A Subdivision Monument Bond in the amount of 100% of the
estimated cost of setting subdivision monuments as shown in Exhibit
„A„
B. In order to guarantee and warranty the Works of Improvement and in
addition to the security instruments referenced in Paragraph 2(A) above,
Subdivider shall provide to City the following Security Instruments:
(i) Prior to the City's final acceptance of the Works of Improvement and
recordation of a Notice of Completion, Subdivider shall provide to City
a Warranty Bond for Works of Improvement warranting the accepted
Works of Improvement for a period of one (1) year following said
acceptance against any defective work or labor done or defective
material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the
estimated construction cost set forth in Exhibit "A", or a suitable
amount determined by the City Engineer.
(ii) Prior to the City's final acceptance of the landscape and irrigation
Works of Improvement, Subdivider shall provide a Landscape and
Irrigation Warranty Bond warranting the landscape and irrigation
Works of Improvement for a period of (1) year following said
acceptance against any defective work or labor done or defective
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material furnished for any reason other than improper maintenance.
The amount of such Landscape and Irrigation Warranty Bond shall be
equal to twenty percent (20%) of the landscape architect's estimated
construction cost, or a suitable amount determined by the City
Engineer. The Landscape and Irrigation Warranty Bond shall be held
by the development's Homeowners' Association ("HOA").
All Security Instruments required by this agreement, with the exception of the
Landscape and Irrigation Warranty Bond, which is submitted to the development's
HOA, shall be kept on file with the City Clerk. The terms of the Security
Instruments required by this agreement are hereby incorporated in this agreement
by reference.
City Engineer shall release the Faithful Performance Bond upon Subdivider's
written request following acceptance by City of the Works of Improvement and
Subdivider's delivery to City of the Warranty Bond for Works of Improvement.
City Engineer shall release the Labor and Materials Bond upon Subdivider's written
request and following acceptance by City of the Works of Improvement and after
expiration of the time within which lien claims are required to be made pursuant to
Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of
Division Third of the California Civil Code. If lien claims have been timely filed, City
shall hold the Labor and Materials Bond until (a) such claims have been resolved,
(b) Subdivider has provided a statutory bond, or otherwise as required by
applicable law.
City Engineer shall release the Warranty Bond for Works of Improvement upon
Subdivider's written request following the expiration of the warranty period,
provided no claims are outstanding at that time regarding defective work.
The release of the Landscape and Irrigation Warranty Bond held by the HOA will
be determined by a separate agreement between the developer and the HOA.
2.1 Form of Security Instruments. All Security Instruments shall meet the
following minimum requirements and otherwise shall be in a form
acceptable to the City Attorney:
(i) Any insurance company acting as surety shall have a minimum
rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick,
New Jersey, 08858; any bank acting as surety shall have a
minimum rating of AA, as rated by Moody's or Standard &
Poor's;
(ii) Payments under the Security Instruments shall be required to
be made (and, with respect to bonds, litigation shall be
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required to be instituted and maintained) in the County of
Orange, State of California;
(iii) Each of the Security Instruments shall have a minimum term of
one (1) year after the deadline for Subdivider's completing the
Works of Improvement, in accordance with paragraph 3 herein;
(iv) The Security Instruments shall reference Subdivider's
obligations under this Agreement, shall be irrevocable, and
shall include as an additional obligation secured the
responsibility to compensate City for all of the City's attorneys'
fees and litigation expenses reasonably incurred enforcing its
rights under the Security Instruments.
3. Time of Completion:
All of the Works of Improvement shall be completed within twenty-four (24)
months from the effective date of this Agreement. The time for completion
may be extended by the City Engineer, in writing, for good cause shown by
the Subdivider. Subdivider shall compensate the City for all costs reasonably
incurred in having its authorized representatives perform the usual and
customary engineering services during said extension as specified in
Paragraph 19 below. In the event that Subdivider fails to complete the
Works of Improvement within said period or any approved extension, the City
may complete said work and shall be entitled to recover the full cost and
expenses thereof from Subdivider, or his surety as herein provided. The City
may require Subdivider, or his surety, to pay the City in advance, sufficient
monies to cover the City's cost in completing construction of said Works of
Improvement.
3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein,
Subdivider's time for completion of the Works of Improvement shall
be extended for the period of any enforced delay caused due to
circumstances beyond the control and without the fault of Subdivider,
including to the extent applicable adverse weather conditions, flood,
earthquakes, strikes, lockouts, acts or failures to act of a public
agency (including City), required changes to the Scope of Work
required by City, and similar causes; provided, however, that the
period of any enforced delay hereunder shall not include any period
longer than thirty (30) days prior to City's receipt of a written notice
from Subdivider or its contractor detailing the grounds for Subdivider's
claim to a right to extend its time for performance hereunder.
3.2 Continuous Work: After commencement of construction of the Works
of Improvement (or separable portion thereof), Subdivider shall cause
such work to be diligently pursued to completion, and shall not
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abandon the work for a consecutive period of more than thirty (30)
days, events of force majeure excepted.
3.3 Reversion to Acreage: In addition to whatever other rights City may
have due to Subdivider's failure to timely perform its obligations
hereunder, Subdivider recognizes that City reserves the right to revert
the Property to acreage subject to the limitations and requirements
set forth in California Government Code Sections 66499.11-66499.20-
3/4. In this regard, Subdivider agrees that if none of the Works of
Improvement referenced herein have been made within the specified
"Time of Completion" referenced in paragraph 3 above or within the
time allowed herein, whichever is the later, and if City thereafter
initiates proceedings to revert the Property to acreage, any
improvements made by or on behalf of Subdivider after the date City
initiates such action shall not be considered in determining City's
authority to revert the Property to acreage.
Effective Date of Agreement:
This Agreement shall not become effective unless and until the subdivision
map has been approved by the City Council and also accepted for
recordation by the County Recorder of the County of Orange.
Utility Deposits - Statement:
Prior to the commencement of any work to be performed within the area
delineated on the Final Map, the Subdivider must file a written statementwith
the City Clerk and City Engineer, signed by the Subdivider, to the effect that
Subdivider has made all deposits legally required by such public utility
corporation for the connection of any and all public utilities to be supplied by
such public utility corporation within the subdivision.
Permits - Compliance with Law:
Subdivider shall, at Subdivider's expense, obtain all necessary permits and
licenses for the construction of required improvements, give all necessary
notices and pay all fees and taxes required by law.
Definitions and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters,
pathways, storm drains, sanitary sewers, domestic and non-domestic water,
utilities, such as electric, telephone and cable TV, conduits, gas lines,
drainage facilities, traffic controls, landscaping and irrigation, street lights,
and all other required facilities as shown in detail upon plans, profiles and
specifications which have been prepared or are now in final preparation by
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engineers acting for Subdivider subject to approval by the City Engineer. No
work on said improvements shall be commenced until plans and profiles
therefore have been submitted to, approved and permitted by the City
Engineer. All required public improvements constructed or installed pursuant
to this Agreement shall become the sole exclusive property of the City,
without payment therefore, upon acceptance of said improvements by the
City Council.
8. Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications,
completion of the work, and other acts are subject to approval of the City, it is
understood and agreed that any approval by the City thereof shall in no way
relieve Subdivider of satisfactorily performing said work or the related
obligations hereunder. The construction shall be done strictly in accordance
with the plans and specifications including supplementals and revisions
prepared by Subdivider or its registered engineer, and as approved by the
City as being consistent with the City Code and Standards. Subdivider
warrants that its plans and specifications conform as a minimum to said
codes and standards and that they are adequate to accomplish the work in a
good workmanlike manner and in accordance with responsible construction
practices.
In addition to the foregoing, Subdivider shall satisfy all the conditions of
approval set forth on the City approved tentative map for the Property.
Subdivider shall also perform all work and furnish all materials necessary, in
the opinion of the City Engineer and on his order, to complete the Works of
Improvement in accordance with the plans and specifications on file as
hereinbefore specified, or with any changes required or ordered by said
Engineer which, in his opinion, are necessary or required to complete this
work.
9. Intent of Plans and Specifications
The intent of the plans and specifications referenced above is to prescribe a
complete work of improvement, which Subdivider shall perform, or cause to
be performed in a manner acceptable to the City Engineer (or designee) and
in full compliance with all codes and the terms of this Agreement. Subdivider
shall complete a functional or operable improvement or facility, even though
the plans and specifications may not specifically call out all items of work
required for the contractor to complete its tasks, incidental appurtenances,
materials, and the like. If any omissions are made of information necessary
to carry out the full intent and meaning of the plans and specifications,
Subdivider or its contractor shall immediately notify its design engineer who
will seek approval of the City Engineer for furnishing of detailed instructions.
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In the event of any doubt or question arising regarding the true meaning of
any of the plans, specifications, or related documents, reference shall be
made to the City Engineer whose decision thereon shall be final.
10. Superintendence by Subdivider:
Subdivider shall give personal superintendence to the Works of
Improvement, or have a competent foreman or superintendent, satisfactory
to the City Engineer, on the work at all times during progress, with authority
to act for Subdivider. In the event the Subdivider is not exercising
satisfactory superintendence, the City Engineer may order suspension of all
work within the subdivision until the deficiency is adequately corrected.
11. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the
case may be, or pay to the owner the entire cost of replacement or repairs,
for all survey monuments or for any and all property damaged or destroyed
by reason of any work done hereunder, whether such property be owned by
the United States or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever or by combination of such
owners. Any such repair or replacement shall be completed in a reasonable
manner and subject to the approval of the City Engineer and affected
property owner.
12. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe
access for inspection by City to all parts of the work and to the shops where
the work is in preparation. The Subdivider shall pay the cost of inspections.
City's inspector shall have the authority to stop any and all work not in
accordance with the requirements contained or referenced in this
Agreement.
The inspection of the work by City shall not relieve Subdivider or the
contractor of any obligations to fulfill this Agreement as herein provided, and
unsuitable materials or work may be rejected notwithstanding that such
materials or work may have been previously overlooked or accepted.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the
overall final acceptance by City is made. Final acceptance shall not
constitute a waiver by City of defective work subsequently discovered.
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The date on which the Works of Improvementwill be considered as complete
shall be that date on which the City Council accepts the improvements and
authorizes the City Clerk to file a Notice of Completion with respect thereto.
13. Authority of the City Enaineer:
All required improvements shall be constructed under the inspection of and
subject to approval of the City Engineer. Therefore, it is mutually agreed by
the parties hereto that the City Engineer shall have the right to reject any or
all of the work to be performed under this contract if such work does not
conform with City Codes and Standards and the plans and specifications
mentioned herein, including subsequent revisions that may have been
previously overlooked during the plan review process. Any damage to the
improvements (existing or new) that occurs during or after installation of work
performed under this Agreement shall be repaired or replaced, by the
Subdivider, to the satisfaction of the City Engineer before the final
acceptance of completed work and release of security. In addition to the
authority granted to the City Engineer elsewhere in this Agreement, the City
Engineer shall have the authority to make a final decision in regard to all
questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and
acceptable fulfillment of the terms of this Agreement by Subdivider and
Subdivider's contractor(s).
14. Changes in the Work:
The City Engineer, without invalidating this Agreement and without
notification to any of the sureties referenced in paragraph 2, may order extra
work or may make changes by altering or deleting any portion of the Works
of Improvement as specified herein or as deemed necessary or desirable by
the City Engineer to accomplish the purposes of this Agreement and to
protect the public health, safety, and welfare. It is mutually understood that it
is inherent in the nature of the work contemplated by this Agreement that
some changes in the plans and specifications and related documents may
be necessary during the course of construction to adjust them to field
conditions and to assure the protection of the public health, safety, and
welfare. The City Engineer shall notify Subdivider or Subdivider's
contractor(s) in writing (by Correction Notice) at the time a determination has
been made to require changes in the Works of Improvement. No field
changes performed or proposed by Subdivider or its contractor(s) shall be
binding on City unless approved in writing by the City Engineer.
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15. No Warrantv by City:
The plans and specifications and related documents for the Works of Improvement
have been prepared by or on behalf of Subdivider or its consultants or contractors,
and City makes no representation orwarranty, express or implied, to Subdivider orto
any other person regarding the adequacy of the plans or specifications or related
documents.
16. Liabilitv for Performance, Iniury or Damaae
Neither the City nor any of its officers or agents shall be liable to Subdivider or its
contractors for any error or omission arising out of or in connection with any work to
be performed under this contract. Additionally, the City shall not be liable to the
Subdivider or to any other person, firm, or corporation whatsoever, for any injury or
damage that may result to any person or property by or from any cause whatsoever
in, on, or about the subdivision of said land covered by this Agreement, or any part
thereof.
17. Indemnifications and Release
Prior to the commencement of any work pursuant to this contract, Subdivider (if
performing work itself) or Subdivider's contractors shall furnish to City satisfactory
evidence of an insurance policy written upon a form and by a company (which meets
with the approval of City) insuring City, its officers, agents, and employees against
loss or liability which may arise during the work or which may result from any of the
work herein required to be done, including all costs of defending any claim arising as
result thereof. Minimum liability and property damage insurance shall be not less
than $500,000 for all damages arising out of bodily injury to or death of one person
and not less than $1,000,000 for all damages arising out of bodily injuries to or death
of more than one person in any one occurrence; and not less than $500,000 for all
damages and/or destruction of property in any one occurrence and not less than
$750,000 for all damages and/or destruction of property during the policy period.
Said policy shall be in favor of Subdivider or its contractors and of the City, its
officers, agents, and employees and shall be maintained in full force and effect during
the life of this Agreement, including extensions. Said policy shall state by its terms
and by an endorsement that it shall not be canceled until City shall have had at least
ninety (90) days' notice in writing of such cancellation.
The Subdivider hereby releases and agrees to defend, indemnify and hold the City
harmless from and against any and all injuries to and deaths of persons and injuries to
property, and all claims, demands, costs, loss, damage and liability, howsoever the same
may be caused and whensoever the same may appear, resulting directly or indirectly from
the performance or nonperformance of any or all work to be done in and upon the subject
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property and the premises adjacent thereto pursuant to this Agreement, and
also from any and all injuries to and deaths of persons and injuries to
property or other interests and all claims, demands, costs, loss, damage, and
liability, howsoever the same may be caused and whensoever the same may
appear, either directly or indirectly made or suffered by the Subdivider, the
Subdivider's agents, employees, and subcontractors, while engaged in the
performance of said work.
18. Liability of Subdivider:
The Subdivider agrees that the use for any purpose and by any person of
any and all of the streets, easements and improvements herein specified
shall be at the sole and exclusive risk of the Subdivider at all times prior to
final acceptance by the City of the completed street and other improvements
thereon and therein; provided that acceptance by the City shall in no way
eliminate or lessen any of the Subdivider's obligations or undertakings
contained in this Agreement. The issuance of any occupancy permits (if
granted) by the City for buildings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or
all of the required improvements in said subdivision.
19. Subdivider's Expenses:
The Subdivider shall pay these additional expenses:
The Subdivider shall cause to be made and/or pay for soil tests made
by a reputable Geotechnical consultant/firm to determine stability,
gradation, bearing, and resistance value.of soils within the subdivision
from which to determine the nature and design of appropriate
improvements. The Subdivider shall also pay for all compaction and
related tests necessary to determine that all fill work and the utility
trench backfill has been satisfactorily placed.
b. All service (including plan check and inspection), impact and
connection fees as established by City shall be paid for each lot in the
subdivision in accordance with the City Code.
C. All actual costs for, design, plan check, development process and
inspection incurred by the City in evaluating any proposed or agreed
upon change in work. In no event shall Subdivider be entitled to
additional inspections or final inspection and acceptance of any of the
Works of Improvement until all City fees and charges have been fully
paid, including, without limitation, charges for applicable penalties and
additional required inspections.
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d. Subdivider shall compensate the City for all actual costs reasonably
incurred in having its authorized representatives make the usual and
customary engineering services beyond the specified "Time of
Completion" referenced in paragraph 3 above. Said actual costs
include: inspection of Works of Improvement, engineer design
review, plan check and project development process. Subdivider
agrees to pay the cost of said City services within forty-five (45) days
of invoice date, or as determined by the City Engineer.
20. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that
Subdivider's contractors are not agents of the City, and that the contractors'
relations to City, if any, are those of independent contractors.
21. Certification of Satisfactory Completion:
Upon the satisfactory completion of the Works of Improvement by the
Subdivider, the City Engineer shall certify that the Works of Improvement
have been satisfactorily completed.
22. Repairs or Reconstruction of Defective Work:
If, within a period of one year after City Council acceptance of the
improvement work performed under this Agreement, any of the
improvements or work done under this Agreement fails to fulfill any of the
requirements of this Agreement, or the specifications referred to herein,
Subdivider shall without delay and without any cost to the City (upon receipt
of written notice from the City), repair or replace or reconstruct any defective
or otherwise unsatisfactory part or parts of the work or structure. Should
Subdivider fail to act promptly or in accordance with this requirement, or
should the exigencies of the case require repairs or replacements to be
made before Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work and
Subdivider shall pay to City the actual cost of such repairs plus an amount
equivalent to the current general City overhead costs.
23. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees:
materials used and workmanship performed on said work for a period of one
(1) year after completion and acceptance thereof by the City, the setting of all
required Final Map monuments and agrees to maintain all required
landscaping in a vigorous and thriving condition for a period of twelve (1)
year after completion and written acceptance thereof by the Director of
Engineering and Building and by the Homeowner's Association respectively.
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Only the warranty security for the landscape improvement shall be posted
with the Homeowner's Association. All other security instruments shall be
submitted to the City in accordance with Section 2 above. The warranty
provided herein shall not be in lieu of, but shall be in addition to, any
warranties or other obligations otherwise imposed by law.
24. Default:
24.1 Remedies Not Exclusive: In any case where this Agreement provides
a specific remedy to City for a default by Subdivider hereunder, such
remedy shall be in addition to, and not exclusive of, City's right to
pursue any other administrative, legal, or equitable remedy to which it
may be entitled.
24.2 City Right to Perform Work: In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event
Subdivider shall fail to timely perform any work required to be
performed under this Agreement and such failure shall continue for a
period of thirty (30) days after receipt of written notice of default from
City, or thereafter Subdivider shall fail to diligently pursue the cure of
any such default to completion, City shall have the right to enter into
the Property and perform any of the uncompleted work by force
account or contract or both and thereupon recover from Subdivider
and the surety company, or both, the full cost and expense thereby
incurred by City.
24.3 Attorney's Fees and Costs:
In the event of any litigation arising out of Subdivider's performance of
its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in
addition to any other relief which may be granted, shall be entitled to
recover its reasonable attorney's fees and costs. Such attorney's fees
and costs shall include fees and costs on any appeal, and in addition
a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking
depositions and discovery, retaining expert witnesses, and all other
necessary and related costs with respect to the litigation. All such
fees and costs shall be deemed to have accrued on commencement
of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
25. Notice of Completion:
Upon approval of the Works of Improvement by the City Engineer and
acceptance by the City Council, the Subdivider shall file with the Orange
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County Recorder a Notice of Completion of the improvements herein
specified.
Filing of Improvement Plans:
Upon completion of the job and prior to final acceptance of the Works of
Improvement by the City, the Subdivider shall submit to the City Engineer for
review and approval, one Mylar (4 mils) set of "record" drawings as well as
digital copies of all improvement plans in accordance with the latest edition of
the City of San Juan Capistrano Digital Submission Standards. These
drawings shall be certified and shall reflect the job as actually constructed,
with all changes incorporated therein.
Assignment:
This agreement shall not be assignable by Subdivider without written consent
of City.
13
0
IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of
which shall for all purposes be deemed an original thereof have been duly executed by the
Subdivider herein named on the _/day of : BVI A, 2008, the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC.
A California non-profit, public benefit corporation
Name: Sharon Ellis
Its: Executive Director
By:
Name: Mark Korando
Its: Sr. Vice President, Site Development
(Notary Acknowledgments Attached)
Attachment: Exhibit "N'
14
QI
CITY OF SAN JUAN CAPISTRANO
0 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On March 19, 2008, before me, Margaret R. Monahan, City Clerk, personally appeared Joe
Soto, Mayor, who proved to me on the basis of satisfactory evidence to the be person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
Officer title
Mayor
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
R. Monahan, City Clerk
Description of Attached Document
Subdivision Improvement Agreement
•
E
NOTARIAL ACKNOWLEDGMENT
TO
SUBDIVISION IMPROVEMENT AGREEMENT
FOR HABITAT FOR HUMANITY OF ORANGE COUNTY:
State of California )
County of Orange )
On JAAJUAeY Z , Zo"6, before me, Rita A. Ross , NotaryPublic,
(here insert name and title of the officer)
personally appeared SHARON ELLIS and MARK KORANDO, who proved to me on
the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to
the within instrument, and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my and t
Signature
FOR T E CITY OF SAN
State of California
County of Orange
CAPISTRANO:
before me,
RIYWAa
Commission * 1732162
Notary PubllC • California
Orange County
MVCamm.E> MAPr15,2011
(seal)
Notary Public,
(here insert name and title of the officer)
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal)
Habitat
for Humanity®
of Orange County
Building
Homes. CERTIFICATE
Buildin
Kim Denger, Secretary, do hereby certify that I am the duly elected, qualified and
Hop acting Secretary of Habitat for Humanity of Orange County, a California Nonprofit
Religious Corporation; that below is a true and correct excerpt of a resolution adopted
by unanimous consent of the Directors of the Corporation in an action dated October
28, 1999, and that said resolution has not been modified, revoked or rescinded in any
manner and is now in full force and effect.
I WITNESS WHRE F, I have hereunto set my hand at Santa Ana, California, this
day of � 2008.
Kim De ger, Secretary`
Standing resolution regarding real estate matters:
WHEREAS, Section 5.1.2a of the Bylaws of the Corporation (as revised February 25,
1999) provides that the Board of Directors may prescribe powers and duties for officers
of the Corporation; and
WHEREAS, the Board of Directors wishes to prescribe appropriate escrow closing
powers and authority to certain officers of the Corporation, as set forth below;
NOW, THEREFORE, RESOLVED, that any two of the President/Executive Director,
Senior Vice President, Chief Financial Officer or Secretary of the Corporation are
authorized to sign any and all documents related to the purchase and sale of Habitat
homes in Orange County.
FURTHER RESOLVED, that the President/Executive Director or Chief Financial Officer,
together with any of the President/Executive Director, Senior Vice President, Chief
Financial Officer, or Secretary of the Corporation are authorized to sign any and all
documents relating to the purchase of property in Orange County on behalf of the
Corporation.
2200 South Ritchey . Santa Ana, CA 92705 . 714.434.6200 . Fax 714.434.1222 . www.habitatoc.org
0
SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 17027
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Grading
Erosion and Silt Control
Public Street (Calle Rolando)
Public Water (Calle Rolando)
Street and Related appurtenances
(Including Street Monuments)
Storm Drain
Sanitary Sewer
Landscaping and Irrigation
Water and related appurtenances
Monumentation
15
Estimated Construction Cost
Or Bond Amount
Processed through BLDG. Division
Processed through BLDG. Division
$144,185
$38,940
$149,195
$160,905
$213,699
$146,536
$167,512
$1,000
0
MEMORANDUM March 19, 2008
TO: Maria Guevara, Deputy City Clerk
FROM: Sam Shoucair, Senior Engineer
SUBJECT: Tract 17027, Habitat for Humanity of Orange County -Bond submittal.
In connection with the development of the subject tract and in accordance with it's
subdivision Improvement Agreement, please find attached, for your files, the original sets
of the following improvement bonds amounts, including Water, that were submitted by the
Developer.
Public Street (Calle Rolando) $144,185
Public Water (Calle Rolando) $38,940
Street and Related appurtenances $149,195
(Including Street Monuments)
Storm Drain $160,905
Sanitary Sewer $213,699
Landscaping and Irrigation $146,536
Water and related appurtenances $167,512
Monumentation $1,000
Bond No 733348S
&remium $2,884.00 / 2 Year Term
COPY
Resolution 06-08-22-3
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of. San Juan Capistrano, State of
Callfornla, and Habitat for Humanity of Orange County, Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated 20 ,
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as followsr
General Street Improvements -Widening of Calle Rolando Street
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One hundred forty four thousand one hundred eighty five & 00/100 Dollars ($ 144,185.00
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
0 0
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this 28TH
20 07 , at Irvine
APPROVED S TO F RM:
By
John R. Phaw,. City Attorney
day Of June
Califomia-
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Developers Surety and Indemnity Company
NatalieNatalie Caicedo Lopez, Attorney -In -Fad
(NOTARIZATION AND SEAL)
STATEOF California
COUNTY OF
On June 28, 2007 , before me, Ana Roldan, Notary Public
(here insert name and title of the officer), personally appeared Natalie Caicedo
personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisherRheir authorized
capacity(ies), and that by his/heNtheir signatures) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature — lei r .�► /� �
OPTIONAL
ANA ROLDAN
COMM. # 1697782
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY s
My Comm. amine OaL S, 2010
This area for Ojficial Notarial Seat
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
E6 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Developers Surety and Indemnity Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO HON 19725, IRV'INF.. CA 92623 1959) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limned DEVELOPERS SURETY AND INDEMNITY COMPANY Laid IN DEMNI'rY
COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint:
***Keith E. Sandrock Sr., Patricia 1. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attorneys) -in -Fact, to make, execute. deliver and acknowledge, fir and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said .Arorney(s)-in-Fact full power and authority m do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said AOontey(s)•in-Fact, pursuant to these presents, arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by dee respective Board of Directors of
DEVELOPERS SURE:-rY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,'_000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attomey, qualifying the atlorncy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporution when so affixed and in
the future with respect to anv bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
By C _ .�tiy .ANO GyQ.,, Of(,PANV O,c
David H. Rhodes, Executive Vice -President .P;�L"eneT•••.F_•,_ O..1111N , n
=rc OCT. .<2 OCT,S
=Ir" inc W 1967
Zb: 70
By.Walter A. Crowell, Secretary
ni�'.• .f 936 p
•aD i �2 9f,FOPx
o OWP-.+•'a
STATE OF'CALIFORNIA
COUNTY OF ORANGE.
On December I, 2011$ before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and
Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactoy evidence) to be the peasants) whose names) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/then authorized capacity(ies), and that by his/herhheir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
W IT NESS my hand And official seal.
Signature 6/ '/&/,_
GINA L. GARNER
r COMM. # 1569561
(SEAL) NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My comm. eapiras M 13, 2_009
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPAN Y OF CAL IFORNIA,
does hereby cen ify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of
the respective Hoards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California. the 28THday of June 2007
fly
Albert Hillebrand Assistant Secretary
ID -1380 (Rev. 12/05)
Bond No 7333485
• Pem $Included In Performance Bond
Resolution 06-08-22-3
SUBDIVISION LABOR AND MATERIAL BONA
(GOVERNMENT CODE 664992)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County, Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Nriricipal agrees to install and complete certain designated public
improvements more particularly described as follows;
General Street Improvements - Widening of Calle Rolando Street
WHEREAS said Agreement dated 20
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
One hundred forty fourthousand one hundred eighty five & 001100 Dollars, ($ 144,185.00 —j
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs- successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
0 0
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
1. 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 in be taxed as costs and included in any judgment rendered.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 28TH day of
June 20 07 the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
n
U
APPROVED AS TO FORM:
By Q lzg)
John R. haw, CityAttomey
NOTE; Please Attach
Acknow1od9®mmntand
Power of Attorney
0
PRINCIPAL.
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Developers oV
nd IIndemnity Company
qv—
Natalie Caicedo Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
Page 3of3
STATEOF California
COUNTY OF Orange
On June 28, 2007 , before me,Ana Roldan, Notary Public
(here insert name and title of the officer), personally appeared Natalie Caicedo Lopez
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/hedtheir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
• . f/1.i. AI :.• "
��.
OPTIONAL
ANA ROLDAN
COMM. # 1897782
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My Comm. 00res Oct.5, 2010
This area jorr Oficial Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
E6 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIT (IES)
Developers Surety and Indemnity Company
NUMBER OF PAGES
DATE OF DOCUMENI
ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT
0
11
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO HOX 19735, IRVINE... CA 92623 (939) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDENINI'TY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful AUorney(s)-in-Fact, to make, execute. deliver and acknowledge, for and on behalf of said colpomtions, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said AUomey(s)-in-Faa full power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of raid Attomey(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by audnriry of the following resolutions adopted by the respective Hoard of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED. that the Chairman of the Hoard, the President and any bice President of the corporation be, and that each of them hereby is, authorized to
execute Powers ofAttomey, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
Of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney:
RESOLVED. FURI'HER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such Facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the tuutre with respect to anv bond, undertaking or contract of suretyship to which it is attached.
IN W'I'TNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITYCOMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December. 2005.
.�
By:
David H. Rhodes, Executive Vice -President -r �tV _ANOVj�;o� OO AN 'O
_ a VOCT. t< Z? OGT.6
d' 10 PnE w 1967
By: °; 1916c9y lFOPe
Walter A. Crowell, Secretary '_40 .-,_/OW P -.: ,a r'
STATE OF CALIFORNIA
COUNTY OF ORA NGF.
On December 1, 2005 before me. Cars L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and
Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
insmunent and acknowledged to me that he/,,he/they executed the same in his/her/their authorized capacity0es), and that by hislher,9heir signature(s) on the instrument
the persnnlst, or the entity upon behalf of which the person(s) acted, executed the instrument.
WTI NESS my hand and official seal.
Signature 672a ej—�_
GINA L. GARNER
COMM. # 1569561
(SEAL) 3 NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My comm. expires May 13, 2009
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of
the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Cerificste.
This Certificate is executed in the City of Irvine, California, the 26TH day of _June 2007
By
Albert Hillebrand, Assistant Secretary
ID-1330(Rev. 12A5)
•Bond No 733347S
Premium $779.00 / 2 Year Term
Resolution 06-08-22-3
SU13DIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of. San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County, Inc.
(hereafter designated as 'Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated 20
and made a part hereof, and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as followsr
Water Improvements on Calle Rolando Street
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company
as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee'), in the sum of
Thirty eight thousand nine hundred forty & 00/100 Dollars, ($ 38,940.00
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shalt 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.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this 28TH
20 O7 of Irvine
APPROVED S TO F RM:
By
John R. haw, Gity Attumey
day of June
Califomia.
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Developers Surety and Indemnity Company
Natalie Caicedo Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
U
STATEOF California
COUNTYOF Orange
June 28, 2007 , before me. Ana Roldan, Notary Public
(here insert name and title of the officer), personally appeared Natalie Caicedo Lopez
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature I.2 jj� JUAL
OPTIONAL
ANA ROLDAN
COMM. It 1g97782
NOTARY PUBLIC CAUFORNIA
ORANGE OOUNTY iiiiii555555
ray oanm. wores Oct. S, 2010
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
I6 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Developers Surety and Indemnity Company
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER THAN NAMED ABOVE
ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT
0 •
POWER OF'ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
I'D 13OX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY 'THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, On each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Auorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Algoma y(s)-in-Fact full power and authority to do and to per every act necessary- requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Auomey(sl-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
'Phis Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Hoard of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED. that the Chairman of the Hoard, the President and any Vice President of the corporation be, and that each of thein hereby is, authorized to
execute Powers of Attorney, qualifying the auorncy(s) named in the Powers (if Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney:
RESOLVED, FURTHER, that the signature., c f such officers may be Mixed to any Such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of.Attomey or cert ficate bearing such facsimile signatures shall be valid and binding upon l'he corporation when so Mixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005.
Hv' AND M1•, hPANVO
David H. Rhodes, Executive Vice -President ,`�Q•F'.: _ere"•:�i:'•. VO_aP OR. n
%i5 2
OCT. :.a. Z OCT
y 10 a n W 1967
By: �..�o''•._10W P...: D? 02 cq(/FOP1
Walter A. Crowell. Secretary
%. q /
STAI"E OF CALIFORNIA ^T
COUNTY OF ORANGE J
On December I. 2005 before me, Gina L. (lamer. Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and
Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hisArerltheir authorized capacity(ics), and that by hisrTer/their signature(s) on the itssh Untent
the person(s), or the entity upon behalf of which the persons) acted, executed the instrument
W EI N17SS my hand and official seal.
Signature 6-n, /&� _
GINA L. GARNER
COMM. p 1569561
(SEAL) NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
11 comm, expires May 13, 2_009
CER'TIFICA'TE
The undersigned, as Assismnt Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and IN DE MN I1 COMPANY OF CAL IFORNLA,
does hereby cent fy that the foregoing Power of Attorney remains in full force and his not been revoked, and for thermore, that the provisions of the resolutions of
the respective Hoards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Imine, California. the 28TH day of _ June 2007
By ---
Albert Hillebrand, Assistant $ecretzry
ID -1390 (Rev. 12/115)
0•
iBond No 7333475
um $Included In Performance Bond
Resolution 06-08-22-3
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 664992)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County, Inc.
(hereafter designated as 'Principal"), have entered into a Subdivision Agreement
whereby Nrincipal agrees to install and complete certain designated public
improvements more particularly described as follows:
Water Improvements on Calle Rolando Street
WHEREAS said Agreement dated 20:_
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
Thirty eight thousand nine hundred forty & 00/100 - Dollars, ($ 38,94000 —�
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs. successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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.
Page 1 of 3
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVLO_
1. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herain named on the 28TH day of
June 20 07 the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
11
APPROVED AS TO FORM:
By Q �&j
John R. Shaw, City Attorney.
NOTE: Please Attach
Aoknowlodgomont and
Power of Attorney
PRINCIPAL..
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Developers Surety
cando Indemnity Company
Natalie Caicedo Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
r�
U
STATEOF California
COUNTYOF Orange
U
On June 28, 2007 , before me, Ana Roldan, Notary Public
(here insert name and title of the officer), personally appeared Natalie Caicedo Lopez
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged tome that he/sheRhey executed the same in his1herRheir authorized
capacity(ies), and that by his herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
@MYANA ROLDAN
COMM. H 1697782 f
NOTARY PUSUC CALIFORNIA
ORANGE COUNTY ro
came.60ires OA. 5,1010
This area for Qfjieial Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
E6 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIT (IES)
Developers Surety and Indemnity Company
NUMBER
DATE OF DOCUMENT
ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT
0 0
POWER OF'AT-FORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 (919) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNfI'Y
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attomeyfs)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of surcivship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be dune in connection therewith as each of said corporations could do, but reserving in each of said corporations full power ofsubstoution and revocation, and
all of the acts of said Attontey(sl-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile Under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURI?TY AND INDEMN IT COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etfective as of November 1,2000:
RF.SOLV'ED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the atiorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and conducts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such
Power of"Attorney:
RESOLVED. FURTHER. that the signatures of such officers noy be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN W'I'TNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December 2005.
Liv:_ _AND
David H. Rhodes, Executive Vice -President .8°PE ..••'.1[••. �"%. Oho o\
OCT. = OCT. 5
y' 70 n c W 1967
13yWalter A. Crowell, Secreta J 7936 D O�c9C /FOPx
S'I'N]"BOF CALIFORNIA
COUNTY OF ORANGE
On December I. 2(1)5 before me. Gina L. Gamer. Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and
Walter A. Orowell, personally known to me (or proved it, me on the basis of satisfactory evidence) to be the personals) whose names) is'are subscribed to the within
instrument and acknowledged to me that he%she/they executed the same in his,9rer/their authorized capacityfies), and that by Ins/her/their signature(sl on the instrument
the person(s), or the entity upon behalf Of which the persons) acted. executed the instrument.
W TINESS my hand and official seal,
Signature 672a�
GINA L. GARNER
COMM. # 1569561
(SEAL) NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My Comm a_xpirr_rs_ May 73.2_009
CERTIFICATE
"the undersigned, as Assistant Secretary, ofDEVELOPERS SURELY AND INDF,MNI'rY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
docs hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of
the respective Boards of Directors ofsaid corporations Set forth in the Power ofAttomey, are in force as of the date of this Certificate.
'this Certificate Certificate is executed in the Clty of Irvine, California, the day Of June 2007
By
Albert Hillebrand. Assistant Secretary
ID -1380 (Rev. 12105)
B No 733918S
Premium $2,984.00/2 year term
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated January 2nd 20 08
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as follows:
Street and Related Appurtenances
NOW, THEREFORE, we, the Principal and Developers Surety and
Indemnity Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One hundred forty nine thousand one hundred ninety five and 00/100 Dollars, ($ 149,195.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this 17TH day of March
20 08 , at Irvine California.
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
APPROVED S TO F RM: SURETY
Devel ers Su et�y and Indemnity Company
By � - /� c " V
John R. haw, City Attorney
Nata ie Caicedo Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan Notary Public
Date Here Insert Name and Title oft the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signers)
ANA ROLDAN
COMM. # 1697782
NOTARY PUBLIC CAUFORMA
ORANGE COUNTY
MY rxxnrn, expires Oct. 5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my h///aa������nd and official seal.�
Signature �, 1LEil/Y�w
Sign a of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer—Title(s):
❑ Partner —❑ Limited ❑ General
10 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Off icerTitle(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2007 National Notary Association • 9350 Be Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 1 www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Boz 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their We and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and conbacts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be dare in connection therewith as each of
said corporations could do, but reserving to each of said corporations fug power of substitution and revocation, and all of the ads of said Attorney(s)win-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney Is granted and is signed by facsimile under and by arMority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and arty Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to allW the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney orto any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bea ing such facsimile signatures shall he valid and binding upon the corporations when so affixed and in the kdure with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused these presents to be signed by
Meir respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008.
By: .;t+( AND lAro Qk,PAN),n
Stephen T. Pate, Senior Vice Presiden 4'0 4-0 0�>tF �� 6 PP0 �r
TT
is
By:
1g' c r 0CT.5 s G.
By: 0 1958 o"a a 1987 -
Charles L. Day, Assistant Secretary �yOW i• FD (% C7</FOPa�p s
State of California
County of Orange
On January 1st, 2008 before me, Christopher J. Roach Notary Public
Date Here Insert Name and Thlle of the Officer
personally appeared Stephen T. Pate and Charles L. Day
Name(s) of Signers)
wyMvw��p:. nWyr
♦ a.' s o-
d¢"� ra
----------------
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to
the within instrument and acknowledged to me that he/sherdwy executed the serve m ItWherMeir audwrized
capacity(ies), and that by hi"Meir sgnabrre(s) on the instrument the person(s), or the entity, upon behalf of
which the person(s) acted, executed the instrument.
I catty, under PENALTY OF PERJURY under the laws of the State of Cagfomia that the foregoing paragraph is
true and correct.
WITNESS my hand and
CERTIFICATE
Roach
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full face and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Parer of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 17 Tit, a March 2008
%
�
Albert Hillebrand, Assistant Secretary
0-1380(Wet)(Rev.07/07)
• B� No 733918S
Premiu Included In Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements more particularly described as follows:
Street and Related Appurtenances
WHEREAS said Agreement dated January 2nd20 08
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and
Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
One hundred forty nine thousand one hundred ninety five and 00/100 Dollars, ($ 149,195.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
1. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 17TH day of
March 20 08 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
0
APPROVED AS TO FORM:
By Q 4*�j
John R. §haw, City Attorney
NOTE: Please Attach
Acknowledgement and
Power of Attorney
0
PRINCIPAL
Habitat for Humanity of Orange County Inc.
(NOTARIZATION AND SEAL)
SURETY
Devel per Sur ty and Indemnity Company
( � m �i
Nat ' Caic do oyez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signer(s)
ANA ROLDAN
COMM. # 1697762
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY iii555
mmm. s Irae Od.6, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official,agal.
Signature � jo-_.
Slgnalure of otary PabhcPubm
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer—Title(s):
❑ Partner— ❑ Limited ❑ General
G6 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of
Signer's Name:
❑ Individual
❑ Corporate OfficerTitle(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Not&y Association - 9350 Be Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotaryi Item 45907 Reorder: Call Toll -Free 1-800-876-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Bax 19725, IRVINE, CA 92623 (949) 2633309
KNOW ALL MEN BY THESE PRESENTS, that as except as expressty, limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint:
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Atiomey(s}in-Fact to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Aftomey(s)-in-Fact ful power and au8writy to do and to part= every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said AOaney(s)-iryFact, pursuant to Nese presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that Bre Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Powe of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney a to any certificate relating Neeto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bad, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January IA 2008.
Day, Assistant Secretary
State of California
County of Orange
OCT.
10
1980
OCT. 6
1907
On January 1st2008 before me, Christopher J. Roach Notary Public
Date Hen: Insert Name and Title of the Officer
personalty appeared Stooen T Pate and Charles L. Day
Name(s) of Signer(s)
--------------
I 777�
F ,
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that helsheMey executed the same in hisllwAheir au8arized
capadry(les), and that by Whedme r sgnawre(s) on the Mstmmentthe person(s), or the entity upon behalf of
which the person(s) acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California Natthe foregoing paragraph is
true and correct.
WITNESS my hand and
CERTIFICATE
Roach
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forty in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, Nal 7 THday of March 2008
B�Alben Hillebrend, Assistant eaefary
ID-1380(Wet)(Rev07107)
•
B� No 733919S
Premium $3,218.00/2 year term
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as 'Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated January 2nd 20 08
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as follows:
Storm Drain
NOW, THEREFORE, we, the Principal and Developers Surety and
Indemnity Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One hundred sixty thousand nine hundred five and 00/100160,905.00
Dollars, ($ )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this 17TH
20 08 , at Irvine
APPROVED S TO F RM:
By
John R. Phaw, City Attorney
day of March
California.
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Develop rs Surety and Indemnity Company
.PIC�.� I"C / ,
Natalie Caicedd Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan. Notary ublic
Dale Here Inserl Name ano True of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signer(s)
ANA ROLDAN
COMM. # 1697782
3 NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
1 hfY COMM. Ams Oct. 5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my held and official sea
Signature
Sign re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):_
❑ Partner —❑ Limited ❑ General
66 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnitv
Company
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):_
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
Cl Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02M7 National Notary Mwaaaon • 9350 be Soto Ave., PO. Boc 2402 • Chat or8,, CA 91313-2402 • w .NationalNeWy.org Item #5907 Reordec Call Toll -Free 1-800-87&6827
0 011
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 2633300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, cons8hde and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attomey(s)-in-Fact to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surely -
ship ghmi; and granting unto said Atlomey(s}in-Fact fug power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substihdhn and revocation, and all of the ads of said Attomey(sHn-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as o(January 1st 2008.
RESOLVED, that the chairman of the Board, the President and any VIM President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the affomey(s) named in the Powers ofAttorney to execute, an behat of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Asststant Secretary of the corporations be, and each oi them hereby is, authorized to attest the execution of any such Power of Attorney.
RESOLVED, FURTHER, that the signatures of such officers may he affaed to any such Poorer of Attorney or to arty certificate relatrg thereto by facsimile, and any such
Power of Atlomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty owed these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st 2008.
Charles L. Day, Assistant Secretary
State of California
County of Orange
Ory T.
1936
OCT. 5
1987
On January lst 2808 before me, Christopher J. Roach Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L. Da
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to
■- the within instrument and acknowledged to me that hefshelthey executed the same in hislhanhdr authorized
A i capacily(ies), and that by hisdherMetr signature(s) on the Instrument the person(s), or the entity upon behalf of
which the persons) acted, executed the instrument.
.-� i�i9wDp
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANS_ true and correct.
- - WITNESS my hand and ofific
iial Mai.
Piece
Piece Notary Seal Above Signature�—
Ch' a J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Pourer of Attmrey, are in force as of the date of this certificate.
This Certificate is executed in the City of Irvine, California, the 17T%ay of March 2008
11Y Albedssistanl Swetary
ID-1380(WeQIRev.07/07)
• No 733919S
Premium $Included In Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as 'Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements more particularly described as follows:
Storm Drain
WHEREAS said Agreement dated January 2nd 20 08
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
One hundred sixty thousand nine hundred five and 00/100 Dollars, ($ 160,905.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
0 0
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
1. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 17TH day of
March , 20 08 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
0 0
APPROVED AS TO FORM:
Q 44kj
By
John R. Ihaw, City Attorney
NOTE: Please Attach
Acknowledgement and
Power of Attorney
PRINCIPAL
Habitat for Humanity of Orange County Inc.
(NOTARIZATION AND SEAL)
SURETY
Develo r Sur ty @nd I demnity Company
Nata Caicedo opez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan Notary Public
Date Here Insert Name antl Tttle of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of signer(s)
ANA ROLDAN
COMM. # 1897782
NOTARY PUBLIC CAUFORf1MA
ORANGE COUNTY
My comm. exPim Oct. 5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand/a'd official seal. ,( ,� -
Signature l iMP- IIRSIL A,
Signature of otary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer —Title(s):_
❑ Partner —❑ Limited ❑ General
G6 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Cell Toll -Free 1-800-876-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY all INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint:
***Keith E. Sandrock Sr., Patricia 1. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their We and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on Behalf of said corporations, as sureties, balls, undertakings and contracts of surety-
ship giving and granting unto said Attomey(syirrFact full power and authority to do and to part= every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile undo and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2DD8.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to arty such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Pacer of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contact of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY all INDEMNITY COMPANY OF CALIFORNIA have severalty roused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008.
Charles L. Day, Assistant Secretary
State of California
County of Orange
OCT.
10
1050
OCT. 5
1987
On January 1st. 2008 before me, Christopher J. Roach. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared stepnan I. rate and cnartes L. Us
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persan(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislhedthet autMdzed
capacky(les), and that bsignature(s) hWhedtheir nature(s) on the instrument the person(s), or the entity upon behalf of. * which the person(s) acted, executed the instilment,
tRYBIflYA4191,11C
bfiAN0E0GtMfTi _
Place Notary Seal Above
I cavity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
bue and correct.
WITNESS my hand
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full to= and has not been revoked, and tuMermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set font in the Power of Attorney, are in force as of the date of this Caftificete.
This Certificate is executed in the Cityof lrArhe, California, thel 7TI�eyof March 2008
Albert tary
ID-1380(Wet)(Rev.07107)
•
130 No 734616S
Premium $4,274.00/2 year term
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as `Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and completo certain designated public
improvements, which said Agreement dated January 2nd 20 08
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as follows:
Sanitary Sewer
NOW, THEREFORE, we, the Principal and
Indemnity Compa
Developers Surety and
as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
Two hundred thirteen thousand six hundred ninety nine and 00/100213,699.00
Dollars, ($ )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
E
On March 17. 2008 before me, Ana Roldan, Notary Public ,
Date Here Red Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signers)
ANA ROLDAN
COMM. #1697782
NOTARy PUBLIC CALIFORNIA
ORANGE COUNTy
tvty comm. OViree Oct.6, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hard and official seal.
Signature40
Q, �lYli
Signa
t o ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Titfe(s):
❑ Partner —❑ Limited ❑ General
[� Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of
Signer's Nan
❑ Individual
10
Corporate Officer—Title(s):
Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 pe Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 • w ..NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
0 •
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Atomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bands, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-In-Fact full power and auBrority to do and to perform every act necessary, requisite or RoW to be done in connection 8rorewith as each of
mid corporations could do, but reserving to each of said corpomtions ful power of substitution and revocation, and all of the acts of said Attomey(s}in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by famimlle under and by authority of the following resolutions adopted by the respective Board of Directas of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Bond, the President and any Vice President of the corporation be, and that each of then hereby is, authorized to execute Pavers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertokings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them (hereby is, authorized to tallest ft execution of any such Power of AUomay;
RESOLVED, FURTHER, that the signatures of such officers maybe affbced to arty such Power of Attorney a to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Yce President and attested by their respective Assistant Secretary this January 1st, 2008.
By: � ,ccttY AND PANill
4
Stephen T. Pate, Senior Vice President tiJQ'op4011,t2, ,4 �SVV p
/�►►op
By:S�r a $� t Y 8 B0.
1967
Charles
O
Charles L. Day, Assistant Secretary 'Tri y0W t+ ti . P7
State of California `k
County of Orange
On January 1st, 2008 before me, Christopher J. Roach Notary Pubic
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L. Day
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to
the within insbument and acknowledged to me tlhat helshellhey executed the sane in ItMedt heir authorized
capacily(ies), and that by Mssthedtheir signabae(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted. executed the Instrument.
MINI(IlawPiI�CIC� ttC
BRAN OG(Ni7R
COltOk. _. : am
Place Notary Seal Above
I catlfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
hue and correct.
WITNESS my hard and%offi "al seal.
Signature ! ��--
Ch' J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby car*
that the foregoing Paver ofAttomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney, are in force as of the date of Na Certificate.
This CertiAceta is executed in the City of Irvine, California, thel 7THda, of March 2008
B�Albers Hillebrand, Assistant eaefary
161380(Wet)(Rev.07/07)
. No 734616S
Premium $Included In Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements more particularly described as follows:
Sanitary Sewer
WHEREAS said Agreement dated January 2nd 20 08
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and
Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
Two hundred thirteen thousand six hundred ninety nine and 001100 Dollars, ($ 213,699.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
0
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
1. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extenslon of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 17TH day of
March 20 08 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
11
APPROVED AS TO FORM:
By Q 14&j
John R. haw, City Attorney
NOTE: Please Attach
Acknowledgement and
Power of Attorney
0
PRINCIPAL
Habitat for Humanity of Orange County Inc.
(NOTARIZATION AND SEAL)
SURETY
De� r $ur ty�and Indemnity Company
Natalie Caiced oyez,Attorney-In-Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
0
On March 17. 2008 before me, Ana Roldan, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Names) of Signer(s)
Ir
ANA ROLDAN
c COMM. # 1697782
NOTARY PUBLIC CALIFORMA
ORANGE COUNTY AA55
My comm, expires Oct. 5,010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hanfficial s�
Signature
Signature M Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
❑ Partner —❑ Limited ❑ General
(9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developer Surety and Indemnity
Company
Signer's Name:
❑ Individual
❑ Corporate Off icer—Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313-2402•w NationalNotaryorg Item#5907 Reorder Call Toll -Free t -80D-676-6621
0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CAS2623 (949) 263-3306
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their tae and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for arA on behalf of said wpm -Mom, as sureties, baths, undertakings and contacts of surety-
ship giving and granting unto said AOaney(s}in-Fact full power and authority to do and to perform every act necessary, requisite a proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and at of the acts of said AgarneAs)w n -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Peva of Attorney is granted and is sgned by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of Nem hereby is, authorized to execute Powers of
Attorney, qualifying the adomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contacts of wretyahp; and that Ne Secretary or
any Assistant Secretary of the corporations be, and each of Nem hereby is, authorized to attest the execution of any such Power ofAttaney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney a to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affaed and in the future with respect to any bond, undertaking
or contract of suretyship to Which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused Nese presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008.
By: — �— G' i Y AND ,PAN),
Stephen T Pate, Senior Vice President 4J pp0P4J,. �4�ppPp C
{ 4
OCT.
By. o i 1918 a 7987
Charles L. Day, Assistant Secretary �'"�+.0 vola 1, * yD C411ro 'P R
Slate of California 14
County of Orange
On January lst 2008 before me, Christopher J. Roach Notary Public
Dale Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L. Da
Name(s) of Sgnev(s)
who proved to me on the basis of satistaclay avidenceto be the person(s) whose names) talare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same In hWhedtheh authorized
cepacdy(ies), and that by hallux/their signature(s) on the Instrument the persan(s), a the entry upon behalf of
which the person(s) acted, executed the instrument.
I card y under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
am and correct.
WITNESS my hand a/nd of�-'al seal.
Place Notary Seal Above Signature
ChrialliorwJ. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cergfy
that the foregoing Power of Attorney remains in MII force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, Net 7THday of March 2008
Albert Hifiebrand, Assistant Secretary
ID7380(Wet)(Rev.07/07)
B� No 734617S
Premium $2,931.00/2 year term
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated January 2nd 20 08
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as follows:
Landscaping and Irrigation
NOW, THEREFORE, we, the Principal and
Developers Surety and
Indemnity Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One hundred forty six thousand five hundred thirty six and 20/100146,536.20
Dollars, ($ )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
0 0
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
day March
Executed this ay of
20 08 , at Irvine California.
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
APPROVED S O F RM: SURETY
Deve pets S eta and Indemnity Company
1 r
By
John R. Phaw, City Attorney 101
Natalie C iced Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signer(s)
L@
ANA ROLDAN
COMM. # 1687782
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY tS
My comm. expires Oct 5,1010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand d official seal.
Signature I
Signature o Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer—Title(s):
❑ Partner— ❑ Limited ❑ General
[9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of Pages:
Signer's Name:.
❑ Individual
i
Corporate Officer — Title(s):
Partner ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Signer Is Representing:
02007 National Note, AS6ociation • 9350 De Soto Ave., PC. Boy 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Boz 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint:
***Keith E. Sandrock Sr., Patricia I Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their We and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection gierewlth as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Atomey(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the foloWng resokrtias adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary a
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be afrued to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st 2008.
Stephen T. Pate, Senior Vice
Charles L. Day, Assistant Secretary
State of Calffomia
County of Orange
OCT.
10
1918
OCT- 5
1987
On January 1st 2008 before me, Christopher J. Roach Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T. Pale and Charles L. Day
Names) of Signer(s)
----------------
e s. a >
411x" e a
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that helshetthey executed the sane In hL4hedtheir authorized
cape . ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the persort(s) acted, executed the maWment.
I oe* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and
CERTIFICATE
J. Roach
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full force and has not been revoked, and fuMermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set fold In the Power of Attorney, we in force as of the date of this Certlficate.
This Certificate is executed in the City of Irvine, California, the 17 TIS., of March 2008
By.
Albert Hillebrand, Assistant Secretary
10-1381)(Wel)(Rev.07/07)
No 734617S
Premium $Included In Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements more particularly described as follows:
Landscaping and Irrigation
WHEREAS said Agreement dated January 2nd 20 08
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
One hundred forty six thousand five hundred thirty six and 20/100 Dollars, ($ 146,536.20
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
0 0
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
f. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 17TH day of
March 20 08 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
APPROVED AS TO FORM:
ay
John R. Shaw, City Attorney
NOTE: Please Attach
Acknowledgement and
Power of Attorney
PRINCIPAL
Habitat for Humanity of Orange County Inc.
(NOTARIZATION AND SEAL)
SURETY
Develop Sure and Indemnity Company
Natalie Caicedo Lopez, A torney-In-Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17. 2008 before me, Ana Roldan, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Name(s) of Signers)
ANA ROLDAN
5" COMM. # 1697782
# NOTARY PUBLIC CALIFORNIA
3 ORANGE COUNTY
My comm. a 1M Oet.5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my ha and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Off icer—Title(s):
❑ Partner —❑ Limited ❑ General
L� Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of
Signer's Nar
❑ Individual
Corporate Officer — Title(s):
Partner— ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2007 National Notary Association • 9350 De Soto Ave., PO, Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-8001-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint.
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shah be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008.
By; �y� AND. ti
?ANY
Stephen T. Pate, Senior Vice President
Stephen
Pro 'o
OCT. 5 m0 T
By: ik 1936
WO
1987
A
=
Charles L. Day, Assistant Secreta
Y Secretary
State of California
County of Orange
On January 1st 2008 before me, Christopher J. Roach Notary Public
Date Here Insert Name and Title of the Officer
Personally appeared Stephen T. Pate and Charles L. Day
Name(s) of Signer(s)
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that he/shetthey executed the same in hisrherltheir authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the peimm(s), or the ent ly upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and
CERTIFICATE
Roach
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerufy
that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney, are In force as of the date of this Certficate.
This Certificate is executed in the City of Irvine, California, the 17Titay of March 2008
Y.
/ Albert Hillebrand, Assistant Secretary
I0-1380(Wet)(Rev.07/07)
B� No 734618S
Premium $3,350.00/2 year term
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated January 2nd 20 08
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee certain work,
more particularly described as follows:
Water and Related Appurtenances
NOW, THEREFORE, we, the Principal and Developers Surety and
Indemnity Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One hundred sixty seven thousand five hundred twelve and 00/100 Dollars, ($ 167,512.00
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by Clty in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
day March
Executed this ay of
20 08 , at Irvine California.
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
APPROVED S O F RM: SURETY
Develo r Sur nd Indemnity Company
By(v�Vn
John R. haw, City Attorn6 i y-
Natalk Caice o Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
0
On March 17. 2008 before me, Ana Roldan Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Names) of Signer(s)
ANA ROLDAN
COMM. # 1697782
NOTARY PUBLIC CALIFORNIA
ORANQECOUN7y
My COMM. expires Oct. 5, 2010
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my han and official seal.
Signature 771I/nCC�iK1i
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemniri
Company
Number of
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association 1 9350 De Soto Ava, RO, Box 2402 - Chatsworth, CA 91313-2402 - www.Natlonaftwy.org Item K5aD7 Reorder Call Toll Fmc t-600-076-6627
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Boz 19726, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their We and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bards, undertakings and contracts of surety-
ship giving and granting unto said Atomey(s}in-Fact full power and authority to do and to perform every ad necessary, requisite or proper to be done th connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney M granted and is signed by facsimile under and by authority of the following resokrtlms adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st. 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to exaate Powers of
Attorney, qualifying the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execiuton of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by famurdle, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship (o which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused Mese presents to be signed by
their respective Vice President and attested by Meir respective Assistant Secretary this January 1st. 2008.
By: �r Ott ANO,yQT►,PANyrj�
Stephen T. Pate, Senior Vice President �J ,4pquP01y fA �� 4 Q.P07T Oh
OCT.5 O
o>958 * !° O 1987
Charles L. Day, Assistant Secretary
9�v /OWA ,� y �ClFOP�*
State of California .
County of Orange
On January 1st 2008 before me, Christopher J. Roach, Notary Public
Date Here Insert Name and Title of the Offxrr
personalty appeared Stephan T. Pate and Charles L. Da
Name(s) of Signer(s)
who proved to me on the basis of smalaictoryevidence to be the person(s) whose nw*s) were subscribed to
the within msbument and acknowledged to me that helshelMey executed the same in IoW harttheir authorized
capacity(res), and that by this/nedthe rsgnalure(s) on the insWnrent the person(s), or the entry upon behalf of
which the person(s) acted, executed the instrument.
NOMW
ORANB&001M7Y
fA1A�
Piece Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of CaMomia that the foregoing paragraph is
We and correct.
WITNESS my hand and olligo seal.
Signature
Ch' erJ. Roach
CERTIMATE
The undersigned as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the rewNtions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 17 T4ay of March 2008
By'
,-O' Albert Hillebrand, Assistant eaetary
ID-1380(Weq(Rev 07107)
•No 734618S
Premiu7Tf'$lncluded In Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc.
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements more particularly described as follows:
Water and Related Appurtenances
WHEREAS said Agreement dated January 2nd 20 08
Is hereby referred to made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and
Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano, hereinafter called "City" in the penal sum of
One hundred sixty seven thousand five hundred twelve and 00/100 Dollars, ($ 167,512.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if the above
bound 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,
Page 1 of 3
0 0
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, its offers, agents and employees as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Surety waives any rights, if there be any, to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED:
1. 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.
2. Said Surety hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extenslon of time, alteration or modification of
the terms of the agreement or of the work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 17TH day of
March , 20 08 , the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
Page 2 of 3
0 0
APPROVED AS TO FORM:
Sy
John R. Shaw, City Attorney
NOTE: Please Attach
Acknowledgement and
Power of Attorney
PRINCIPAL
Habitat for Humanity of Orange County Inc.
(NOTARIZATION AND SEAL)
SURETY
Develure an
o rsd Indemnity Company
AU&
( H
Natalie aicedo L pez, A orney-In-Fact
(NOTARIZATION AND SEAL)
Page 3 of 3
9 101
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17 2008 before me, Ana Roldan Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Names) of Signers)
ANA ROLDAN
g COMM. # 1897782
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My comm. expires Oct. 5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand nd official seal.. - (f�
Signature M;Z ►1.6 �Ld.ln/
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —TiNe(s):_
❑ Partner— ❑ Limited ❑ General
L6 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s)_,
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:'Z -`_cam= – - _ – – – _ – – - – - _ .. _ ;�z."- _ _ - _ _� - _ _�'�:'�'r✓
0 2007 National Notary Aswcietion • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary org Item #5907 Reorder: Call Toll Free 1-800-876-6827
0 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as surefies, bonds, undertakings and contracts of surely -
ship gang and granting unto said Atomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite a proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full pourer of substitution and revocation, and at, of Ore acts of said Atlaney(s}in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Pcwers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of saelyship; and that the Secretary a
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of arty such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate mating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused thew presents to be signed by
tlreir respective Vim President and attested by their respective Assistant Secretary this January 1st, 2008.
Charles L. Day, Assistant Secretary
State of California
County of Orange
OCT.
10
1936
OCT. 5
1957
On January 1st 2008 before me, Christopher J. Roach, Notary Public
Date Here Insert Name and Titre of the Officer
personally
Name(s) of Signer(s)
who proved to mar on the basis of satisfactory evidence to be the person(s) whose mme(s) Were subscribed to
- the within instrument and acknowledged to me OW hasheAhey executed the serve In hWhedtlwir authorized
capwctty(ies), and that by hisAherltheir signature(s) on the Instrument the person(s), or the entity, upon behalf of
Lwhich the person(s) acted, executed the instrument.
Pi1BLIC
ORANBEOOM '
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph's
true and correct.
WITNESS my hand and off
seat.
Signature Signature
Ch' er J. Roach
1g4ACJ1q;X14
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full torte and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set font in the Power of Attorney, are in force as of the date of this Certificate.
This Ceitficate is executed in the City of Irvine, California, the 17T}�ayof March 2008
Y.
Albert Hillebrand, Assistant Secretary
ID-1380(Wet)(Rw..07107)
0
Bond 0346195
Premium $100.00/2 Year Term
SUBDIVISION FAITHFUL PERFORMANCE BOND
FOR SETTING SUBDIVISION MONUMENTS
(GOVERNMENT CODE 66499.1)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Habitat for Humanity of Orange County Inc
(hereafter designated as "Principal"), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated public
improvements, which said Agreement dated January 2nd 20 os
and made a part hereof; and
WHEREAS, said Principal is required, under the terms of said Agreement, to
furnish a bond for the faithful performance of said Agreement to guarantee the proper
setting of all required survey monuments associated with the Subdivision Development.
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company , as Surety, are held firmly bound unto the
City of San Juan Capistrano (hereafter called "Obligee"), in the sum of
One thousand and 00/100 Dollars, ($ 1.000.00 )
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall
promptly and faithfully perform said improvements, then the obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives any rights, if there
be any, to require that a demand be made first against the Principal in the event of
default.
BE IT FURTHER RESOLVED:
9
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
Executed this 17TH day of March
20 08 at Irvine , California.
APPROVED AS TO FORM:
By
John R. Sh6w, City Attorney
PRINCIPAL
Habitat for Humanity of Orange County Inc
(NOTARIZATION AND SEAL)
SURETY
Developers Surey and Indemnity Company
i ( (' ( r � _ ( r ►
Natalie Caicedo Lopez, Attorney -In -Fact
(NOTARIZATION AND SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On March 17, 2008 before me, Ana Roldan, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Natalie Caicedo Lopez
Names) of Signer(s)
ANA ROLDAN
�p COMM. # 1887782
i
NOTARY PUBUC CAUFORNIA
3 ORANGE COUNTY
My pomm. expires Oct 5, 2010
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature / U/u� o do/�
Signa o Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
I6 Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Developers Surety and Indemnity
Company
Number of
Signer's Name:.
❑ Individual
loom
Corporate Officer Title(s):
Partner —❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • ww .Natiorvioss ary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
9 0
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint
***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally***
as their true and lawful Attomey(s) in -Fact, to make, execute, deliver and acknowledge, for and on bdw0 of said corporations, as sureties, bonds, undertakings and contracts of surely -
ship giving and grangng unto said Ataney(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substhution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, quaiiifing the attahey(s) named in the Powers of Attorney th execute, on behalf of the carporabons, bands, undertakings and contracts of suretyship: and that the Secretary a
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to arty such Power of Attorney or to any oedificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shag be valid and binding upon the corporations when so affixed and in the future with respectlo any bond, undedak"
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st 2008,
Assistant Secretary
State of California
County of Orange
OCT.
10
1818
OCT. 8
1987
On January 1st. 2008 before me, Christopher J. Roach. Norah Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T. Pate and Charles L. Day
Name(s) of Signer(s)
--------------
Place Notary Seal Above
who proved to me on the basis dissatisfactory evidence to be the person(s) whose name(s) islam subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hiwherAhe'r authorized
capadty(les), and that by hisrhedlheir signature(s) on the instrument the person(s), or the entry upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY untie the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS IN hand ".I mal.
Slgnabue�C�--��
Ch' erJ. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in full force and has not been revoked, and hulhemrore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power ofAtomey, we in force as of the date of this Certificate.
This Cerlificate Is executed in the City of Irvine, California, the 17 TNay d March 2008
AIb�Assistant 5kretasy
0-1380(Wet)(Rev.07/07)
RESOLUTION NO. 08-10-07- 0 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE IMPROVEMENTS TO CALLE
ROLANDO (HABITAT FOR HUMANITY)
WHEREAS, Habitat for Humanity of Orange County, Inc., 2200 South Ritchey,
Santa Ana, California 92705, entered into a partnership with the City of San Juan Capistrano on
March 15, 2005 to provide twenty-seven owner occupied affordable units; and,
WHEREAS, a City Council condition of approval of the Tentative Tract Map
17027 included improvements to Calle Rolando; and,
WHEREAS, Habitat for Humanity received City Council approval of the Calle
Rolando roadway improvement conceptual plans on September 19, 2006; and,
WHEREAS, the City Council's approval, conditioned the final plans to be
approved by the Planning Commission; and,
WHEREAS, the final Calle Rolando roadway improvement plans were approved
by the Planning Commission on February, 13, 2007; and,
WHEREAS, on September 4, 2008 Habitat for Humanity requested the Calle
Rolando roadway improvements to be considered completed; and,
WHEREAS, said final improvements have been completed to the satisfaction of
the City Engineer.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does resolve as follows:
Section 1. That improvements required to be performed to the Calle Rolando
roadway by Habitat for Humanity have been completed.
Section 2. That the work is hereby accepted and approved.
Section 3. That the City Clerk is hereby directed to forthwith forward a "Notice
of Completion" to the County Recorder of the County of Orange for
recording.
PASSED,APPROVED,AND
JOE
ATTEST:
-rMA)
R. MONAHAN, CITY CLERK
this qday of October, 2008.
L
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 08-10-07-02 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 7'" day of October 2008, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto
NOES: COUNCIL MEMBER: None
RECUSE: COUNC L MEMBER: None
/Z' L -----
R. MONAHAN, City Clerk
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
October 9, 2008
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
• anuis�u 1961
1776
Re: Notice of Completion — Calle Rolando
SENT VIA CERTIFIED MAIL
The noted document is enclosed for recording:
MEMBERS OF THE CM COUNCIL
When placed of record, please return the recorded document to this office.
Thank you for your assistance.
Very truly yours !1
Mar aret R. Monahan, MMC
Cityplerk
Douglas Dumhart, Economic Development Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
0 printed on 100% recycled paper
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Margaret R. Monahan, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the Cityof San
Juan Capistrano, California, and Habitat for Humanity of Orange County, Inc., whose mailing
address is 2200 South Ritchey, Santa Ana, California 92705, developer of twenty-seven owner
occupied affordable units in tract 17027 requires the developer to complete the following, to wit:
WIDENING AND IMPROVEMENT OF CALLE ROLANDO IN CONJUNCTION WITH THE
DEVELOPMENT OF TRACT 17027, IN THE CITY OF SAN JUAN CAPISTRANO.
That work was completed by said developer on September 4, 2008, 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 of San Juan Capistrano at 32400 Paseo Adelanto, San
Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 7t'
day of October, 2008, by Resolution No. 08 -10 -07 -
That upon said contract, Developers Surety and Indemnity Company was surety for the bond(s)
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 7`h
Of
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
l�
i
. Monahan, City Clerk
Juan Capistrano
I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council
of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penaltyof pedurythat
1) 1 have read the foregoing document and know the contents thereof, and the facts therein state
are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) the foregoing
Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Clerk.
Dated at San Juan Capistrano this 7`" day of October, 2008.
of Pan Juan Capistrano
32400 PASEO ADELANTO
SAN JOAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053 Fw
www.sanjuancapistrano.org
March 20, 2008
i a,a„
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• [,IrllISHO 1 196)
1776
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Subdivision Improvement Agreement —Tract 17027
SENT VIA CERTIFIED MAIL
The noted document is enclosed for recording:
q I
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
THOMAS W. HRIBAR
MARK NEILSON
JOE SOTO
DR. LONDRES USO
When placed of record, please return the recorded document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the duplicate letter and return it to this office in the enclosed, stamped,
self-addressed envelope at your earliest convenience.
Thank you for your assistance.
Very truly yours
A
Margaret R. Monahan, MMC
City Clerk
Cc: Sam Shoucair, Senior Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
CJ Rlmma on,00% �uae vroer
E
CITY AGENDA REPORT
TO: Dave Adams, City ManagerC.�
• 10/7/2008
FROM: Douglas D. Dumhart, Economic Development Manager
Xfl
SUBJECT: Consideration of Notice of Completion, Acceptance of Improvements and
Release of Surety for Calle Rolando Road Improvements and Widening.
(Habitat for Humanity)
RECOMMENDATION
By motion,
1. Adopt the Resolution declaring the work for the Calle Rolando Street
improvements and widening complete, and;
2. Authorize the release of the corresponding bond 35 days after recording; and,
3. Direct the City Clerk to process recording of the Notice of Completion for the
completed improvements with the Orange County Recorder.
SUMMARY:
The Habitat for Humanity of Orange County (Habitat) affordable housing development
project, located at the terminus of Calle Rolando, has been progressing through design,
and infrastructure and site construction since May, 2006. The design process of the
housing development included the infrastructure improvements and widening of the
ingress corridor, Calle Rolando. Roadway improvements began in June, 2007 and were
tentatively completed in April, 2008.
Since April, 2008, Habitat has worked with property owners to satisfy specific concerns
and correct landscaping details that were excluded in the design process. The City of
San Juan Capistrano (the "City") received a letter, on September 4, 2008, requesting a
declaration of completion and acceptance of maintenance (Attachment 1). Review of
the site revealed the roadway improvements and widening to Calle Rolando to be
completed to the satisfaction of the City Engineer and ready for approval and
acceptance. A resolution and a Notice of Completion have been prepared for City
Council consideration to accept Calle Rolando improvements and determine the work
as complete and are provided as Attachments 2 and 3 respectively to this report.
Agenda Report • October 7, 2008
Page 2
With the completion of the improvements as noted in the summary above, the bond
release is recommended as follows:
SURETY COVERAGE
TYPE OF
ORIGINAL AMOUNT
( Developers Surety and
IMPROVEMENT
TO BE RELEASED
Indemnity)
Bond # 733348S
Calle Rolando
$144,185
Street
BACKGROUND:
Habitat is a non-profit organization which is dedicated to halting the building of
substandard housing and to support the creation of strong communities in Orange
County. Habitat approached the staff with a proposal to partner with the City to develop
ownership units within the City.
On March 15, 2005 the City considered a conceptual plan from Habitat to develop 27
affordable owner occupied units on the 2.7 acre site, acquired January 26, 2004 by the
San Juan Capistrano Community Redevelopment Agency. The City Council directed
staff to assist Habitat in finalizing the project plans and processing land use applications
for zoning approval. Staff has assisted the development of the 27 units by working with
the state to allow for a $1 million Community Development Block Grant received by the
City in 2004 to be reallocated to the Habitat project, prepared a Disposition and
Development Agreement, and assisted Habitat through the city and permitting process.
The ingress to the Habitat project utilized the privately owned Calle Rolando roadway
The City accepted the "Irrevocable Offer To Convey Easement' from the property
owners surrounding Calle Rolando on September 19, 2006 (Attachment 4). The
roadway improvements became a condition of approval through the design process and
were formalized in the conditions of approval of the tentative tract map (Attachment 5).
This report reviews the project manager determination of the site, and the
responsibilities the City must realize as the maintenance of the right-of-way now relies
upon City resources.
SITUATION:
On September 4, 2008, Habitat submitted a letter requesting City declaration of
acceptance, approval and completion of the Calle Rolando roadway improvements and
widening. Upon reception of the letter the property manager reviewed the site in
question and found the plans as reviewed and accepted by the City to be fulfilled.
Through the irrevocable offer to convey easement, the City became responsible for
maintaining the right-of-way. The street sweeping of the roadway has been maintained
through the Street Sweepers Contract since the end of road construction in April, 2008.
Agenda Report • • October 7, 2008
Page 3
The City of San Juan Capistrano Public Works Department will be maintaining the right-
of-way until competitive quote for landscaping is received. Maintenance of the roadway
will include, removal of debris and fallen leaves, continuing irrigation and up -keep of the
right-of-way landscaping, and trouble shooting (e.g. vandalism, repairs, replacements).
FINANCIAL CONSIDERATIONS
The maintenance of the right-of-way landscaping will require approximately $15,000
annually and a request for additional maintenance funds will be included in the fiscal
year 2009-2010 budget process.
NOTIFICATION
• Tony and Orrie Brown
• Pauline Kisling
• Ed Grabowski
• Joan Irvine Smith
• Habitat for Humanity of Orange County, Inc.
• Adams -Streeter Civil Engineers, Inc.
1. Adopt the Resolution declaring the work for the Calle Rolando Street
improvements and widening complete, and;
2. Authorize the release of the corresponding bond 35 days after recording; and,
3. Direct the City Clerk to process recording of the Notice of Completion for the
completed improvements with the Orange County Recorder.
Respectfully submitted, Prepared by,
.r0��.0.0 4T'a_4�
Douglas D. Dumhart Laura Stokes
Economic Development Manager Housing/Redevelopment Coordinator
Attachments: 1- Habitat letter requesting acceptance of Calle Rolando (dated
September 4, 2008)
2- Draft Resolution 08 -10 -07 -XX
3- Notice of Completion
4- Resolution 06-09-19-06
5- Conditions of Approval- Tentative Tract 17027
Habitat
1 for Humanity®
of Orange County
SEP 0 82008
Building September 4, 2008
Homes.
Building Dear City Council,
Hope.
Habitat for Humanity of Orange County has completed the work under permit number
E007-011 and any additional work that was necessary for the widening of Calle
Rolando Street in the City of San Juan Capistrano.
Upon completion, this road is to become a public street. Therefore, Habitat requests
that the City of San Juan Capistrano accept said work and that Calle.Rolando Street be
accepted and maintained as a City Right of Way.
With Sincere Respect,
�T
Mark Korando
Vice President
Habitat for Humanity of Orange County
ATTACHMENT
2200 South Ritchey . Santa Ana, CA 92705 . 714.434.6200 . Fax 714.434.1222 . w .habitatoc.org
0
RESOLUTION NO. 08-10-07-
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE IMPROVEMENTS TO CALLE
ROLANDO (HABITAT FOR HUMANITY)
WHEREAS, Habitat for Humanity of Orange County, Inc., 2200 South Ritchey,
Santa Ana, California 92705, entered into a partnership with the City of San Juan Capistrano on
March 15, 2005 to provide twenty-seven owner occupied affordable units; and,
WHEREAS, a City Council condition of approval of the Tentative Tract Map
17027 included improvements to Calle Rolando; and,
WHEREAS, Habitat for Humanity received City Council approval of the Calle
Rolando roadway improvement conceptual plans on September 19, 2006; and,
WHEREAS, the City Council's approval, conditioned the final plans to be
approved by the Planning Commission; and,
WHEREAS, the final Calle Rolando roadway improvement plans were approved
by the Planning Commission on February, 13, 2007; and,
WHEREAS, on September 4, 2008 Habitat for Humanity requested the Calle
Rolando roadway improvements to be considered completed; and,
WHEREAS, said final improvements have been completed to the satisfaction of
the City Engineer.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does resolve as follows:
Section 1. That improvements required to be performed to the Calle Rolando
roadway by Habitat for Humanity have been completed.
Section 2. That the work is hereby accepted and approved.
Section 3. That the City Clerk is hereby directed to forthwith forward a "Notice
of Completion" to the County Recorder of the County of Orange for
recording.
PASSED, APPROVED, AND ADOPTED this 7`h day of October, 2008.
JOE SOTO, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
ATTACHMENT
0 0
RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Margaret R. Monahan, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San
Juan Capistrano, California, and Habitat for Humanity of Orange County, Inc., whose mailing
address is 2200 South Ritchey, Santa Ana, California 92705, developer of twenty-seven owner
occupied affordable units in tract 17027 requires the developer to complete the following, to wit:
WIDENING AND IMPROVEMENT OF CALLE ROLANDO IN CONJUNCTION WITH THE
DEVELOPMENT OF TRACT 17027, IN THE CITY OF. SAN JUAN CAPISTRANO.
That work was completed by said developer on September 4, 2008, according to plans and
specifications and to the satisfaction of the City Engineer of the Cityof San Juan Capistrano, and
that said work was accepted by the City of San Juan Capistrano at 32400 Paseo Adelanto, San
Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 7th
day of October, 2008, by Resolution No. 08 -10 -07 -
That upon said contract, Developers Surety and Indemnity Company was surety for the bond(s)
given by the said company as required by law.
Dated at San Juan Capistrano, California, this7`h day of October 2008.
Margaret R. Monahan, Qty Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, 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
1) 1 have read the foregoing document and know the contents thereof, and the facts therein state
are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) the foregoing
Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Clerk.
Dated at San Juan Capistrano this 71h day of October, 2008.
Margaret R. Monahan, City Clak
City of San Juan Capistrano
ATTACHMENT
0 0
I
RESOLUTION NO. 06-09-19-0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF
DEDICATION FOR STREET AND HIGHWAY PURPOSES (CALLE
ROLANDO)
WHEREAS, an "Irrevocable Offer to Convey Easement' for street and
highway purposes was executed and recorded with the County Recorder's Office on
September 24, 1976 by property owners of Assessor's Parcel Nos. 668-421-01, 668-421-
02, 668-421-03, 668-421-04,668-421-05,668-421-06, and 668-421-07 in favor of the City
of San Juan Capistrano; and,
WHEREAS, the City Council of the City of San Juan Capistrano does hereby
wish to accept said 41 rrevocable Offer to Convey Easement'.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby accept that "Irrevocable Offer to Convey Easement"
attached as Exhibit A, and incorporated herein by reference, for street and highway
purposes.
The City Clerk is hereby directed to file and record this resolution of
acceptance with the County of Orange Recorder's Office.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 19"' day of September, 2006.
cz:2;�-z
DAVID M. S R IN, MAYOR
R. MONAHAN, CITY CLERK
Page 1 of 1 9/19/2006
Attachment 4
E
CONDITIONS OF APPROVAL
' Tentative Tract 17027 and Flood Plain Permit 06-01 - Calle Rolando Villas
APPROVAL DATE: September 19, 2006
EFFECTIVE DATE: Effective Date of Ordinance Adopting Rezone 05-02
EXPIRATION DATE: 24 Months from Effective Date
These conditions of approval apply to Tentative Tract 17027 to create 27 affordable
ownership condominium residential dwellings (13 duplexes and 1 single-family unit) on
2.7 acres. The project site is zoned RG -4,000 (Residential Garden -4,000) and is
generally located at the easterly terminus of Calle Rolando approximately 700 feet east
of Alipaz Street. This approval shall expire twenty-four (24) months after its conditional
approval, unless a final map is timely filed pursuant to the Subdivision Map Act. Upon a
written application by the applicant filed prior to the expiration of the tentative map, the
time at which the map expires may be extended by the City Council after the same
review and public hearing process required for tentative map approval. Any such
extension shall not exceed a total of sixty (60) months from the date of initial approval.
For the purpose of these conditions, the term 'applicant" shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1, _ Tentative Tract 17027 is approved for condominium purposes for a 27
affordable ownership condominium residential unit development on 2.7
acres of property zoned RG -4,000 (Residential Garden -4,000) and located
at the easterly terminus of Calle Rolando. This approval is granted based
on the application submitted by Habitat for Humanity of Orange County on
January 26, 2006 and the tentative tract map prepared by Leonard C.
Stiles, submitted to the City on August 16, 2006 and dated August 8,
2006, including preliminary grading plan, plot plan, preliminary landscape
plan, and exhibits showing utilities and easements, as modified herein by
these conditions. The tentative tract map and the proposed use of the site
are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved tentative tract map, and which do not intensify or change the
use or require any deviations from adopted standards, may be approved
by the Planning Director upon submittal of an application and the required
fee. Major modifications of the tentative map shall require review by the
Planning Commission and approval by the City Council. Any application
for an extension of time shall be submitted to the Planning Department,
along with the required fee, prior to the expiration date of this approval.
2. _ Approval of this application does not relieve the applicant from complying
with other applicable federal, state, county or city regulations or
ATTACHMENT
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 2 of 20
requirements. To the extent not precluded by Government Code Section
65961, the applicant shall comply with all requirements of the Municipal
Code, all requirements of City ordinances, resolutions, and all applicable
standards and policies that are in effect at the time that building permits
are issued for the development.
3. _ All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. _ The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or
Planning Director. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and the City shall cooperate
fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
5. _ The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. _ Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review and
approval by the Planning Department and Building and Safety
Department.
7. _ In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
8. _ The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
'Denotes Environmental Mitigation Measure Exhibit A
• •
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 3 of 20
' 9. _ The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant. (B&S)
10. _ The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents.
11. _ All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specked in these conditions. (B&S)
12. _ This approval is contingent upon approval of Architectural Control 06-01,
Rezone 05-02, Tree Removal 06-088, and Floodplain Permit 06-01. All
applicable conditions of Architectural Control 06-01 shall also apply to
Tentative Tract 17027.
13. _ 'Mitigation Measure No. 5. The project design and construction shall
incorporate the recommendations contained in the geotechnical report
' — dated January 9, 2004 prepared by Group Delta Consultants. (B&S/ENG)
14. 'Mitiaation Measure No. 7. The project shall implement the
recommendation presented in the Hydrology/Hydraulic Report dated
December 2005 prepared by Fuscoe Engineering and subject to the City
Engineer's final approval. (ENG)
The following conditions of approval shall be met prior to issuance of grading
permits and right of way Improvements for the project.
15. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, storm drain,
street, and all appurtenant improvements. (ENG)
16. _ Permits Required. Prior to the commencement of any kind of grading or
construction activity, a permit shall be approved by the City Engineer. All
improvement work, whether performed on-site or off-site, shall require a
permit to ensure the integrity and safety of all existing and proposed
' improvements affected by the permit's construction activities. (ENG)
"Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 4 of 20
17, _ *Mitigation Measure No. 6. Prior to the commencement of a grading
permit to begin construction activities, the final Water Quality Management
Plan shall be prepared and submitted to the City Engineer for review and
obtain approval. (ENG)
18. _ Construction Cost Estimate. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review, and obtain approval
for, an estimate of quantity and construction costs prepared by a
Registered Civil Engineer. Said estimate shall include costs for
construction of all applicable grading, erosion control and water quality
devices, street improvements, signing and striping, street lights, storm
drains, water, sewer, landscape, irrigation systems, setting of survey
monuments and centerline ties. (ENG)
19. _ Post Bond/Provide Securities. Prior to issuance of a grading permit, the
applicant shall provide Performance Bonds/Securities for 100% of each
estimated improvement cost as prepared by a Registered Civil Engineer
and approved by the City Engineer and City Attorney as applicable, but
not limited to, street improvements, signing, signalization, striping and
street lights, storm drains, sewer, landscaping and irrigation in rights-of-
way and private open space. In addition, the applicant shall provide Labor
and Materials Bonds/Securities for 100% of the above estimated
improvement costs as determined by the City Engineer. (ENG)
20. _ Grading Pians. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Precise grading shall be
consistent with the approved conceptual grading plan and site plan.
These plans shall show, at minimum, the limits of grading, the drainage,
any applicable retention/detention basins, storm drain, sewer, water,
parkways, streets and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond
with the Orange County benchmark datum. All drainage must be treated
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plan shall show the
following information, if applicable: (ENG/PLN)
a. Location of all existing trees; indicate trees to be removed and trees to
remain in place. (PLN)
b. Location, height, and materials of any walls and fences, including
retaining walls. (PLN)
*Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 5 of 20
c. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment
shall be screened from public view. Screening shall be compatible
with main structures and include landscaping where appropriate. (PLN)
21. Drainage Improvement plans. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review and obtain approval
for Drainage Improvement Plans, specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans shall show
locations of all existing and proposed facilities. All drainage must be
treated prior to being conveyed to the street or a City approved drainage
facility in accordance with the National Pollutant Discharge Elimination
System. If an existing down stream drainage facility is inadequate, or, in
the opinion of the City Engineer, is not sufficiently safe to properly carry
the proposed and altered discharge generated by this project, the
applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner
acceptable to the City Engineer. Any deviation from such requirements
shall be subject to City Engineer review and approval. Every proposed
drainage system shall be placed within its proper easement and
appropriately dedicated. (ENG)
22. _ Storm Runoff. Hvdraulic/hvdroloov Calculations. Prior to issuance of a
precise grading permit, the applicant shall submit to the City Engineer for
review and obtain approval for a Storm Runoff Management Plan,
prepared by a Registered Civil Engineer showing existing and proposed
facilities, hydraulic and hydrologic study and calculations and the methods
of draining on-site and tributary areas without exceeding the capacity of
any impacted street or facility and without negatively affecting existing
downstream drainage systems and properties. Said study shall be
consistent with the Citys Master Drainage Plan in accordance with all
applicable City regulations, OCEMA design criteria, and standards. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
23. _ Sails/Geology, Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist
and Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (ENG)
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 6 of 20
24. Erosion & Sediment Control Plans. Prior to issuance of grading and right-
of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for Erosion and Sediment
Control Plans, using Best Management Practices prepared by a
Registered Civil Engineer. These plans shall show, in accordance with the
NPDES Permit, all temporary and/or permanent erosion and sediment
control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent
public trespass onto certain areas where impounded water may create a
hazardous condition. In order to control pollutant run-off, the applicant
shall demonstrate to the satisfaction of the City Engineer and Building
Official that all water quality best management practices incorporated into
the development of this land subdivision shall be designed in accordance
with the NPDES standards, and the requirements of Sections F.1.b(2)(b)
and F.1.b(2)(c) of the San Diego Regional Water Quality Control Board
Order No,. R9-2002-0001 and the City's water quality ordinance and Local
Implementation Plan. (ENG)
25. _ Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty
cubic yards in and out of the project site, the applicant shall submit to the
City Engineer for review and obtain approval for, a Haul Route Plan
specific to the project and in compliance with all applicable City standards.
The Haul Route Plan shall specify dates, times, and headways for hauling
activities. Prior to commencement of haul activities, the applicant shall
obtain a Haul Route Permit and pay required fees to the Engineering
Department. (ENG)
26. _ Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading and right-of-way improvement permits, the applicant shall submit
to the City Engineer for review and obtain approval for a program
complying with the requirements of the California Integrated Waste
Management Act of 1989 to reduce construction and demolition debris
through recycling. (ENG)
27. _ Connection to City Drain must be Documented and Filed. Prior to
issuance of grading permit, any proposed connections to existing public
storm drain systems from on-site drains must be approved by the City
Engineer. (ENG)
28. _ NPDES —Water Quality Reauirements and Compliance. Prior to issuance
of grading and right-of-way improvement permits, the applicant shall
submit to the City Engineer for review, and shall obtain approval for, a final
Water Quality Management Plan (WQMP) specifically identifying
structural, non-structural, and treatment control Best Management
Practices (BMP's) that will be used on-site to control predictable pollutant
'Denotes Environmental Mitigation Measure Exhibit A
Project #1 TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 7 of 20
' runoff. The applicant shall obtain and follow the City of San Juan
Capistrano's WQMP outline and instructions. The applicant shall also
comply with all the requirements of the latest NPDES Permit, the City's
Water Quality Ordinance & Local Implementation Plan and the Clean
Water Act. (ENG)
28. _ NPDES Permit for Grading in Excess of One (1) Acre. Prior to issuance of
grading and right-of-way improvement permits for grading in excess of one
(1) acre, the applicant shall submit a Notice of Intent (NOI) to the
California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with
development/construction activity in excess of one (1) acre of land.
Evidence that this requirement has been met shall be submitted to the City
Engineer. (ENG)
29. _ Public Facilities Located in Easements. Prior to issuance of grading
permits, all public facilities such as drainage, storm drains, sewer, and
water shall be designed to be located within the public right-of-way or
within dedicated easements, as approved by the City Engineer. (ENG)
30. _ Existing Easements. Prior to issuance of a grading permit, applicant shall
' incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the
project shall be redesigned accordingly as approved by the City. (ENG)
31. _ Permission to Grade from Others. Prior to issuance of a grading permit,
the applicant shall submit to the City Engineer, for any necessary off-site
grading, a notarized written permission from adjacent property owners
affected by said off-site grading. (ENG)
32. Drainage Acceptance Letter. Prior to issuance of a grading permit, a
drainage acceptance letter from each affected property owner shall be
submitted to the City Engineer when the pre -developed storm runoff onto
any adjacent property is increased, concentrated, diverted, or changed in
any form as required by State law. Any request to deviate from this
requirement shall be subject to review and approval by the City Engineer.
(ENG)
33. _ Fire Hydrants. Prior to issuance of any building permits, the applicant
shall submit a fire hydrant location plan to the Fire Chief for review and
approval. (OCFA).
34. _ Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire Authority (OCFA) the required fire flow demands and the fire
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 8 of 20
protection requirements to serve the subject project and shall provide
evidence of satisfactory fire flow. (PW)
35. _ County Surveyor Reguirement. Prior to any construction, existing
controlling monumentation shall be protected by tying it out and filing
Corner Records with the County Surveyors Office showing those ties prior
to construction. The applicant shall replace said monumentation in the
new surface following construction, and again file a Corner Record with
the County Surveyors Office showing the final monumentation. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
36. _ Water Improvements. The applicant shall be responsible to protect all off-
site and on-site existing water mains and facilities in place and if
necessary relocate and replace, in accordance with the City's current
Standard Specifications for the Construction of Domestic Water and Non -
Domestic Water Facilities, any said facilities that would be required to
serve TTM 17027; all cost to do so shall be borne by the applicant. (PW)
37. _ Water Supply. The applicant shall provide two sources of water supply for
the proposed TTM 17027 water pressure zones. The proposed water
system shall integrate with the surrounding water systems. Approval of —
water supply shall be obtained from the Public Works Department prior to
issuance of a grading permit. (PW)
38. _ Hydraulic Analysis. The applicant shall be responsible for the design of
water improvements necessary to provide for domestic water facilities
adequate to provide the required fire protection water facilities and
domestic water demands. The applicant shall submit a hydraulic analysis
which supports said water demands to the Public Works Department prior
to issuance of a grading permit. (PW)
39. _ Water Main Design. The applicant shall be responsible to design the
water main pipelines for the domestic water improvements with a
minimum diameter of 8 -inch for looped systems and 12 -inch diameter for
single source water systems, unless otherwise determined by the Water
Engineering Manager. Said design shall be submitted to the Public Works
Department for review and obtain approval prior to issuance of a grading
permit. (PW)
40. _ Fire Lanes. Prior to issuance of any building permits, the applicant shall
submit plans and obtain approval from the Fire Chief for fire lanes on
required fire access roads less than 36 feet in width. The plans shall
indicate the locations of red curbs and signage and include a detail of the —
proposed signage including the height, stroke and colors of the lettering
and its contrasting background. Note: The cul-de-sac located at the
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 9 of 20
' entrance to the proposed project shall be identified by either red
curbs or signs indicating "No Parking Fire Lane". An additional
entrance to this project will not be required with this turnaround. Please
contact OCFA at (714) 573-6100 or visit the OCFA website to obtain a
copy of the "Guidelines for Emergency Access Roadways and Fire Lane
Requirements." (OCFA)
41. _ Fire Access Roads. Prior to issuance of any building permits, the
applicant shall obtain approval of the Fire Chief for all fire protection
access roads to within 150 feet of all portions of the exterior of every
structure on site. When a dead-end street extends 150 feet or when
otherwise required, a clearly marked fire apparatus access turnaround
must be provided and approved by the Fire Chief. No secondary
emergency access shall be required. The applicant may contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access." (OCFA)
The following conditions shall be satisfied prior to Final Map approval by the City
Council:
42. _ Street and Development Names. Prior to final map approval, the applicant
' shall submit to the City's Planning Director for review, and shall obtain
approval for, the name of the development and the names of all proposed
streets within the tentative tract's boundaries. All approved street names
shall be indicated on the Final Map. (ENG/PLN)
43. _ Street Improvement Plans. Prior to final map approval, the applicant shall
submit to the City Engineer, for review and obtain approval for on and off-
site Street Improvement Plans prepared by a Registered Civil Engineer.
Said plans shall be designed per City standards and shall show all existing
and proposed improvements, including but not limited to street grades,
street lights, applicable striping, signage, sewer, water, and all related
appurtenances.(PLN/ENG)
a. Street widths measurement. Street widths with standard curb & gutter
are measured from curb face to curb face. Street widths with rolled
curb are measured from flow line to flow line.
b. Sidewalks. Sidewalks shall be provided on both sides of the residential
streets where houses are constructed on both sides of the street.
Sidewalk widths shall be 4' -to -5' wide as approved by the City Council.
c. No Obstructions in Sidewalks. In compliance with the American with
' Disabilities Act (ADA) requirements, there shall be no obstruction in
any sidewalk or parkway which reduces the width to less than four feet.
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Cape Date: September 19, 2006
Rolando Villas) Page 10 of 20
d. Street Lights. Street lights shall be provided with Mission Bell fixtures
on marbelite poles in accordance with City Standards.
e. Decorative Pavement Noise. For any decorative pavers to be used on
private streets, the applicant shall use "non -raised° type, so as to
prevent pavement noise impacts and control vehicular tire noise.
Pavement treatment shall be subject to the review and approval of the
City Engineer.
44. _ Off-site Easements. Prior to issuance of a final map approval, applicant
shall obtain and record off-site easements from the affected property
owner(s) for all proposed off-site improvements (i.e. street improvements,
walls, drainage, etc.). The applicant shall bear all costs for obtaining said
easements. If said easements cannot be obtained, the project shall be
redesigned to incorporate these improvements entirely within the project
boundary as approved by the City. The City Engineer shall have the right
to withhold approval of the affected improvement plans for failure to satisfy
this condition. (ENG)
45. _ Compliance with Subdivision Mao Act and Municipal Code. Prior to final
map approval, the tract map shall be prepared and submitted in full
compliance with the State of California Subdivision Map Act and the City —
of San Juan Capistrano Municipal Code, except as authorized by the City
Council and/or Planning Commission. The attention of the applicant and
his engineer are directed to Section 9-2.3 and 9-4 of the Municipal Code.
(ENG)
46. _ Dedications and Maintenance Responsibility. The final map shall indicate
to the satisfaction of the City Engineer, all appropriate dedication and
access rights, stating their purposes and their maintenance
responsibilities. (ENG)
47. _ Access Rights Dedication. Access rights shall be granted to the City for
the purpose of allowing access over private drives within the development
for all City vehicles, including maintenance of public utilities, police, fire,
and other emergency vehicles. The document(s) recording this access
shall be prepared by the applicant for review and approval by the City
Engineer, prior to recordation. (ENG)
48. _ Landscape & Irrigation Plans. Prior to final map approval, the applicant
shall submit to the City Engineer and Planning Director for review by the
Planning Commission, and shall obtain approval for, landscape and
irrigation plans prepared by a Landscape Architect. Locations of all utility
equipment shall be shown on the landscape plan, along with appropriate _
screening, pursuant to City standards and design guidelines. Final
"Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 11 of 20
' Landscape Plans shall show the following information and requirements:
(PLN/ENG)
a. Type, location, and size of all proposed new plant material along Calle
Rolando, parkways, HOA -maintained common areas. Proposed
landscaping shall incorporate water conservation techniques and
drought resistant plants with low fertilizer requirements. The plans shall
also specify that all irrigation shall be controlled to minimize runoff.
b. All trees on site to be removed and retained, as approved by the City
Council.
c. Turf areas shall be limited in area and designed to minimize overspray.
Turf areas shall be separated from non -turf areas by a mow strip or
header.
d. Rear yards of the units shall be hydroseeded.
e. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
f. Location, height, materials and colors of all proposed and existing
walls and fences.
49. _ Public Facility Easement in Lettered Lot Maintained by HOA. Prior to final
map approval, the applicant shall demonstrate to the satisfaction of the
City Engineer that public facilities, such as drainage, sewer and water, are
designed to be located within the right-of-way. If facilities are proposed in
easements, said easements shall be placed in lettered lots and their
surfaces shall be maintained by the Homeowner's Association. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
50. _ Dry Utilities (Electric. Telephone. Cable TV, Gas). Prior to final map
approval, the applicant shall submit to the City Engineer for review, and
shall obtain approval for, Electrical, Gas, Telephone and Cable Television
installation plans to ensure compatibility with existing and proposed
improvements. All utility facilities shall be underground. Vaults,
transformers, juncture boxes, or any similar devices shall not be permitted
above ground. Any exception or proposal for above -ground utilities shall
be subject to City Engineer review and approval. (ENG)
51. _ Sewer and Water Plans. Prior to final map approval, the applicant shall
' submit to the City Engineer and the Public Works Department for review,
and shall obtain approval for, sewer and water plans prepared by a
Registered Civil Engineer. These plans shall be specific to the project and
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 12 of 20
shall reflect consistency with the City's Sewer and Water Master Plans,
City municipal codes, standards, specifications, City water standard
specifications, and in compliance with State of California water well
standards. The sewer plans shall indicate that all proposed sewer
manholes shall be lined with polyurethane, or equal approved material, at
the applicant's cost to the satisfaction of the City Engineer. (ENG/PW)
52. — Tentative Mao Compliance and Closure Calculations. Prior to final map
approval, the applicant shall submit to the City Engineer for review, and
shall obtain approval of, a final map in substantial compliance with the
approved tentative map. Said map shall be accompanied with traverse
closure calculations, a plotted American Land Title Association (ALTA)
survey and an updated Title Search Report. Any exception or deviation to
the above requirements shall be subject to review and approval by the
City Engineer. (ENG)
53. _ Homeowners Association -Maintained Improvements. Prior to final map
approval, the applicant shall indicate on the final map that all
improvements, including but not limited to, streets, drainage, street lights,
street signage, striping improvements, lettered lots, graded slopes,
landscaping, and irrigation facilities within the interior of this subdivision,
designated as private, shall be maintained by the Homeowners
Association (HOA) or shall make other provisions for maintenance to be
approved by the City Engineer. (ENG)
54. _ Dedications on the Final Mao. Prior to final map approval, the applicant
shall dedicate on the final map, at no cost to the City and to the
satisfaction of the City Engineer, all required improvements, access rights,
and easements, stating their purposes and their maintenance
responsibilities. (ENG)
55. _ CC&R's. Prior to final map approval, the applicant shall submit to the
Planning Director, City Engineer, and City Attorney for review, and shall
obtain the approval for, a set of Covenants, Conditions and Restrictions
(CC&R's). Said CC&R's shall be recorded with the final map and shall
include, but not be limited to, the following: (ENG/PLN)
a. Creation of a Homeowners Association (HOA) for the purpose of
providing for control over the uniformity of boundary fencing, and the
perpetual maintenance responsibility of areas including, but not
limited to, all common areas, open space, project entries, slopes, fuel
modification zones, irrigation systems, landscaped areas, walls,
structures, private streets, street lights, drainage facilities, vehicle
parking, and all other areas to be owned and maintained by the HOA.
All improvements, including but not limited to, streets, drainage,
street lights, street signage, striping improvements, graded slopes.
"Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calve Date: September 19, 2006
Rolando Villas) Page 13 of 20
' landscaping, and irrigation facilities within the interior of the
subdivision designated as private shall remain private and shall be
maintained by the HOA, or applicant shall make other provision for
maintenance, as approved by the City Council.
b. The establishment of setback and height requirements for additions
and accessory structures conforming to the development standards
for the project and the San Juan Capistrano Land Use Code. (PLN)
C. A requirement that all homeowners install rear yard landscaping
within 18 months of the issuance of occupancy of the unit and that
homeowners of Units 2-11 install one tree in their rear yard within 18
months of issuance of occupancy of the unit.
d. Criteria for maintenance of and prohibition of building construction or
ornamental landscaping within private drainage facility easements,
slopes and fuel modification zones within the project which are
maintained by the HOA.
e. Provisions for maintenance by the HOA of all private drainage
facilities, as described in the applicant's approved Water Quality
' Management Plan, and for inspection of open drainage courses, bio-
swales and catch basins annually. In addition, a provision shall be
included which establishes a separate fund for the sole purpose of
maintaining such facilities.
A provision that gives the City, after written notice by certified mail
followed by a thirty day period to cure any deficiencies the right to
assume maintenance of any NPDES facilities, if the City determines
that the homeowners association has not maintained said facilities in
accordance with the permit requirements, and that, in such event, the
homeowners association shall be financially responsible to pay the
City for the costs the City incurs in such maintenance role.
A provision that requires City approval of any amendment to the
CC&R's that will, in any manner, affect the maintenance, function, or
integrity of NPDES facilities.
h. A statement indicating that by October first of every year, annual
fiscal year reports will be furnished to the City in compliance with the
reporting requirements of codes and ordinances adopted by the City
with respect to the NPDES program.
' 56. _ Water Development Charoes. Prior to final map approval, the applicant
shall pay all applicable Domestic Water Development Charges in
accordance with the City's Schedule of Rates and Charges, as last
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 14 of 20
revised and in compliance with the City water standard specifications.
(PW)
57. _ Dedication of Water Riahts. Prior to final map approval, the applicant
shall be responsible to dedicate all water rights, public water facilities, and
any required water easements to the City, at no cost to the City, in
accordance with City water standard specifications. These water rights,
public water facilities, and water easements shall be dedicated to City on
the Final Map. (PW)
58. _ Construction Cost Estimate. Prior to final map approval, the applicant
shall be responsible to provide an engineers construction cost estimate of
the water facilities to be dedicated to the City and said cost estimate will
be used as the basis for the calculation of a portion of the fees and the
surety amount. (PW)
59. Required Surety Bond. Prior to final map approval, the applicant shall be
responsible to post the required surety bond, or other acceptable form of
security to guarantee completion of the water facilities that are to be
dedicated to the City. (PW)
60. Construction Cost Estimates. Prior to final map approval, the applicant
shall submit to the City Engineer for review, and shall obtain approval for,
an estimate of quantities and construction costs prepared by a Registered
Civil Engineer of all proposed improvements associated with this
development. Said estimates shall include, but not be limited to, the costs
for construction of all street improvements, signing and striping, traffic
signals, street lights, on-site and off-site storm drains, water and sewers,
landscape, irrigation systems and the setting of survey monuments and
centerline ties. Any exception to or deviation from this condition shall be
subject to review and approval by the City Engineer. (ENG)
61. Bonding and Securities. Prior to final map approval, the applicant shall
execute a Subdivision Improvement Agreement with the City and shall
provide performance bondslsecurities for 100 percent of each estimated
improvement cost, as prepared by a Registered Civil Engineer and
approved by the City Engineer and City Attorney for improvements
including, but not limited to, street improvements, signing, striping and
street lights; stone drains, sewer, landscaping and irrigation in rights-cf-
way and private slopes. In addition, the applicant shall provide labor and
materials bonds/securities for 100 percent of the above estimated
improvement costs, as determined by the City Engineer. (ENG)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
"Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 15 of 20
' 62. — 'Mitigation Measure No. 9. Prior to issuance of a building permit, the
project applicant shall provide evidence that all applicable school impact
fees have been paid in as required by the school district and in
compliance with State law. (B&S)
63. Water System Improvements. Prior to the issuance of building permits,
the applicant shall complete the construction of all the public domestic
water system and irrigation facilities required to serve the subject project in
compliance with City municipal codes and the City's water standard
specifications. (PW)
64. _ Applicable Codes. Prior to issuance of building permits, plans shall be
submitted by the Building and Safety Division and approved by the City
Engineer, and shall comply with the latest City -adopted edition of the
applicable building codes. (B&S)
65. Payment of Fees. Prior to the issuance of building permits, the applicant
shall fulfill all applicable engineering fee requirements, including but not
limited to the Capistrano Circulation Fee Program, Sewer Capacity Fees,
Agricultural Preservation Fees in accordance with the City Municipal
Codes and Policies as last revised. (ENG)
' 66. — On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall be specific to the project which reflects consistency
with the City's Sewer and Water standards. (ENG)
67._ Water Improvement Agreement or Subdivision Improvement Agreement.
Prior to the issuance of permits for any water improvements, the applicant
shall execute a Water Improvement Agreement with the City, shall pay all
applicable domestic Water Development Charges in accordance with the
Water Department Schedule of Rates and Charges, as last revised, and
shall post the required securities to insure satisfactory performance of
proposed public water improvements in compliance with City water
standard specifications. (PW)
68. _ Water Availability. Prior to issuance of any building permits, the applicant
shall provide evidence of adequate fire flow. The "Orange County Fire
Authority Water Availability for Fire Protection" form shall be signed by the
applicable water district and submitted to the Fire Chief for approval. If
' sufficient water to meet fire flow requirements is not available, an
automatic fire extinguishing system may be required in each structure
affected. (OCFA)
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 16 of 20
69. _ Automatic Fire_Sorinkler System. Automatic fire sprinkler systems shall be
required in the proposed structures if (1) any of the structures are 5,500
square feet or larger; (2) any portion of any of the structures are located
more than 150 feet from the road frontage; or (3) the fire flow is
insufficient. (OCFA)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
70. _ Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging
areas.(PLN)
71. _ Pre -construction Meeting. Contractor shall attend a pre -construction
meeting with the Engineering and Building and Planning Departments
prior to commencement of any construction on the site. (B&S/PLN)
72. _ *Mitioation Measure No. 3. Prior to the commencement of construction
activities, a Calle Rolando street design plan, including tree preservation
and special attention to sidewalk detail, shall be prepared that identifies
preservation of trees to the greatest extent possible and replacement of
any trees that require removal. The Calle Rolando conceptual street
design plan shall be approved by the City Council, and the final street
design plans, including street lighting design, landscaping, grading, etc.,
shall be approved by the Planning Commission. (PLN)
73. _ *Mitigation Measure No. 4. During construction activities, if archaeological
and/or paleontological resources are encountered, the contractor shall be
responsible for immediate notification and securing of the site area
immediately. A qualified archaeologist and/or paleontologist approved by
the City shall be retained by the property owner to establish, in
cooperation with the project developer and City, procedures for
temporarily halting or redirecting work to permit sampling, identification,
and evaluation of cultural resource finds. If major archaeological and/or
paleontological resources are discovered which require long-term halting
*Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 17 of 20
and redirecting of grading, a report shall be prepared identifying such
findings to the project developer and to the City of San Juan Capistrano.
Discovered cultural resources shall be offered to the City of San Juan
Capistrano or its designee or a first -refusal basis. (PLN)
74. _ 'Mitigation Measure No. 8. Construction hours shall be limited to 7:00
a.m. to 6.30 p.m., Monday through Friday and between 8:30 a.m. and 4:30
p.m. on Saturday. Construction activity shall not be permitted on Sundays
or any Federal holiday.(PLN/B&S)
75. _ 'Mitiaation Measure No. 1. During construction activities, the applicant
shall ensure that the following measures are complied with to reduce
short-term (construction) air quality impacts associated with the project: a)
controlling fugitive dust by regular watering, or other dust palliative
measures to meet South Coast Air Quality Management District
(SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in
properly tune; and c) phasing and scheduling construction activities to
minimize project -related emissions. (PLN/B&S)
76. _
"Mitigation Measure No. 2. During construction activities, the applicant
shall ensure that the project will comply with SCAQMD Rule 402
77.
(Nuisance), to reduce odors from construction activities. (PLN/B&S)
Drainaae Problems. During the entire grading and construction operation,
—
the applicant shall adhere to the following conditions to address
unforeseen drainage issues: (ENG)
a. If any drainage problem is identified or does occur during
construction, the applicant shall provide and implement a solution
acceptable to the City Engineer at no cost to the City, and submit a
recorded instrument to insure the future of the solution. (ENG)
b. Any grading work beyond the limits of grading shown on the
approved grading plans shall require a written approval from the
City Engineering and Building Director and shall be subject to
supplemental Geotechnical Soils Report and additional fees. (ENG)
78.
_ Grading to be continuous operation. All grading work shall be performed
in either one continuous operation or in phases that have been approved
by the City. (ENG, B&S)
79.
_ Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
'
constituting a public nuisance is not permitted. (ENG)
'Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 18 of 20
80. T Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials in
compliance with Title 9 (Land Use Code). (PLN)
The following conditions shall be satisfied prior to issuance of certificates of
occupancy or release of performance securities, whichever occurs first:
81. _ Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements required and necessary to serve the development,
including the street improvements to Calle Rolando, in accordance with
the approved plans and approved exceptions. (ENG)
82. Installation of Fire Lanes and Fire Lane Provisions for CC&Rs. Prior to
issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC&Rs or other
approved documents shall contain a fire lane map, provisions prohibiting
parking in the fire lanes and a method of enforcement. (OCFA)
83. _ Filing of Property Corner Survey Records. Prior to issuance of a —
certificate of occupancy for the first home within the project (other than
model homes), or release of performance securities, whichever occurs
first, the applicant's surveyor shall provide evidence acceptable to the City
Engineer demonstrating that the appropriate property corner survey
records have been filed with the County Surveyor and show written
confirmation indicating compliance with the County Recorder, as required
by Section 8771 of the Business and Professions Code. Any deviation
from this condition shall be subject to approval by the City Engineer.
(ENG).
The following conditions shall be satisfied prior to acceptance of improvements
and release of performance securities:
84. _ Provide As -Built Molars/Digital Format. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer for review and obtain approval for the
reproducible "As Built" Duplicate Mylar Plans of all improvement works
completed and accepted. Said plan shall be prepared by a Registered
Civil Engineer. Additionally, the applicant shall submit digital copies of all
"As Built" pians, at no cost to the City, in accordance with the latest edition
of the City of San Juan Capistrano Digital Submission Standards. (ENG)
85. _ Record Drawings. Prior to the acceptance of water, sewer, storm drain,
and street improvements and release of performance securities, the
*Denotes Environmental Mitigation Measure Exhibit A
0 0
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 19 of 20
' applicant shall submit to the Public Works Director for review and obtain
approval for reproducible "Record Drawing" mylar plans that call out any
deviations from the signed plans of all the domestic water system, non-
domestic (recycled) water system, and the landscape irrigation system,
sewer. These "Record Drawings" are also required in digital format, at no
cost to the City, in accordance with the latest edition of the "City of San
Juan Capistrano Digital Submission Standards." (PW)
86. _ Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer, for review and obtain approval for, a video
tape, filmed in the presence of a City Staff representative/inspector, of all
sewer and drainage improvements. The video shall become the property
of the City. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
87. _ Monumentation and Comer Records. Prior to acceptance of
improvements and release of performance securities, the applicants
surveyor shall set all required monumentation and re-establish any
damaged or destroyed monumentation during construction.
Monumentation, street centerline ties and appropriate comer records shall
be submitted to the City Engineer and filed with the County Surveyor in
compliance with AB 1414 and Sec. 8771 of the Business and Professions
Code. Any exception shall be subject to review and approval by the City
Engineer. (ENG)
88. — Curb and Gutter Repair. Prior to acceptance of improvements and
release of performance securities, any existing sections of curb and gutter
damaged during construction may require to be repaired or replaced by
the applicant, depending on the condition of these improvements prior to
and after construction. (ENG)
89. _ Dedication of Water Facilities. Prior to final inspection of water
improvements and issuance of Certificates of Occupancy, the applicant
shall dedicate to the City, at no cost to the City, all public water facilities
and pertinent easements.. (PW)
90. Installation of Landscaping. Prior to approval of final inspection, the
developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that
the landscape materials and irrigation system (tested for full coverage)
have been planted and installed in compliance with the approved
landscape plans. (PLN)
91. — Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
"Denotes Environmental Mitigation Measure Exhibit A
Project # TTM 17027, Floodplain Permit 06-01 (Calle Date: September 19, 2006
Rolando Villas) Page 20 of 20
approval, including but not limited to grading plans, wall plans,
landscapetirrigation plans, lighting plans, and elevations. (PLN)
92. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
93. Utility Underaroundina. Prior to issuance of certificate of occupancy, the
applicant shall underground, at no cost to the City, the overhead utility
lines within the property and along its street frontage(s) to the satisfaction
of the City Engineer, if applicable. Any exception to, or deviation from this
condition shall be subject to review and approval by the City Engineer.
(ENG)
94. Home Owners Association. Prior to issuance of a Certificates of
Occupancy, provide written documentation to the Planning Department
that a Property Owners Association has been formed for purposes of
maintenance of common areas, including landscaping and parking areas.
(PLN)
Responsible Agencies: Bl£S
ENG =
PLN =
PW =
OCFA =
Building and Safety Division
Engineering Division
Planning Department
Public Works Department
Orange County Fire Authority
"Denotes Environmental Mitigation Measure Exhibit A
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
wwwsanjuancapistrano. org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, October 7,
2008 in the City Council Chamber in City Hall, to consider: "Consideration of Notice
of Completion, Acceptance of Improvements and Release of Surety for Calle
Rolando Road Improvements and Widening (Habitat for Humanity)" — Item No. D8.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 12:00
p.m. on Tuesday, October 7, 2008 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Laura Stokes,
Housing Coordinator. You may contact that staff member at (949) 443-6313 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
MMC
Tony and Orrie Brown; Pauline Kisling; Ed Grabowski; Joan Irvine Smith; Habitat
for Humanity of Orange County, Inc; Adams -Streeter Civil Engineers, Inc;
Douglas D. Dumhart, Economic Devleopment Manager; Laura Stokes, Housing
Coordinator
San Juan Capistrano: Preserving the Past to Enhance the Future
04 Primed on 100% recycled paper
CITY OF 5 J C 0x:949-4
4, AC T r a n s m
P. 1
Fax/Phone Number
No
4931856
NORM
facsimile
TRANSMITTAL
to: Joan Irvine Smith
fax #: (949)439-1856
date: October 6, 2008
re: Notification of Potential Interest — San Juan Capistrano City Council
pages: 2, including cover sheet.
Please refer to the attached notice. Thank you!
From the desk of ..
Ll
facsimile
TRANSMITTAL
to: Joan Irvine Smith
fax #: (949) 439-1856
date: October 6, 2008
0
re: Notification of Potential Interest — San Juan Capistrano City Council
pages: 2, including cover sheet.
Please refer to the attached notice. Thank you!
From the desk of...
Christy Jakl
Administrative Specialist
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310
Fax: (949) 493-1053
• • Page 1 of 1
Christy Jakl
From: Christy Jakl
Sent: Monday, October 06, 2008 2:21 PM
To: 'restored51 @cox.net'
Subject: October 7, 2008 City Council Consideration
Importance: High
Attachments: 08-1007 D8 notice.pdf
Good Afternoon,
Please see the attached notification letter regarding a San Juan Capistrano City Council
meeting agenda item. This letter has been forwarded to you at the request of the project
manager.
We sincerely apologize for sending such late notice. Normally we would mail this notice by
October 2, 2008. That mailing did not go out as scheduled.
You can view the agenda report for this item at:
City Council Agenda: http,.1/www.sanfuancapistrano.or index.aspx?
recordid=2030& )aage=508
Sincerely,
ChrislN? Jakl
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax
Chrisl-� lakl
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949) 493-1053 fax
10/6/2008
• • Page 1 of 1
Christy Jakl
From: Christy Jakl
Sent: Monday, October 06, 2008 2:22 PM
To: 'mark@Habitatoc.com'
Subject: October 7, 2008 City Council Consideration
Attachments: 08-1007 D8 notice.pdf
Good Afternoon,
Please see the attached notification letter regarding a San Juan Capistrano City Council
meeting agenda item. This letter has been forwarded to you at the request of the project
manager.
We sincerely apologize for sending such late notice. Normally we would mail this notice by
October 2, 2008. That mailing did not go out as scheduled.
You can view the agenda report for this item at:
City Council Agenda: htt"www.sanivancapistrano.or index.aspx?
reco rd i d_= 2030&pa a e= 508
Sincerely,
Christi Jakl
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949) 493-1053 fax
10/6/2008
• • Page 1 of 1
Christy Jakl
_.
From: Christy Jakl
Sent: Monday, October 06, 2008 2:22 PM
To: 'jegley@adams-streeter.com'
Subject: October 7, 2008 City Council Consideration
Attachments: 08-1007 D8 notice.pdf
Good Afternoon,
Please see the attached notification letter regarding a San Juan Capistrano City Council
meeting agenda item. This letter has been forwarded to you at the request of the project
manager.
We sincerely apologize for sending such late notice. Normally we would mail this notice by
October 2, 2008. That mailing did not go out as scheduled.
You can view the agenda report for this item at:
City Council Agenda: http://www.sanjuancapistrano.orci/index.aspx?
record id = 2030&pag e= 508
Sincerely,
Christi Jakl
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949) 493-1053 fax
10/6/2008
0
Christy Jakl
From: Christy Jakl
Sent: Monday, October 06, 2008 2:24 PM
To: 'Orrie Brown'
Subject: October 7, 2008 City Council Consideration
Importance: High
Attachments: 08-1007 D8 notice.pdf
08-1007 D8
notice.pdf (74 KB)
Good Afternoon,
Please see the attached notification letter regarding a San Juan Capistrano City Council meeting
agenda item. This letter has been forwarded to you at the request of the project manager.
We sincerely apologize for sending such late notice. Normally we would mail this notice by October
2, 2008. That mailing did not go out as scheduled.
You can view the agenda report for this item at:
City Council Agenda: http://www.sanjuancapistrano.org/index.aspx?recordid=2030&page=508
Sincerely,
Christy Jakl
Administrative Specialist, City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax
0
Christy Jakl
From: Ed and Lil
Sent: Tuesday, October 07, 2008 3:15 PM
TO: Christy Jakl
Subject: Re: October 7, 2008 City Council Consideration
Christy Jakl:
0
RECEIVED _
MOCT -1 P 3118
CITY CLERK
SAN JUAN CAPISTRANO
10/7/20081
Thank you for the notification of today's City Council Meeting that effects our property at
Alipaz, which is on the corner of Alipaz and Calle Rolando. Unfortunately we will not be able to
attend tonight's meeting because of a prior commitment. Please present this e-mail to the City
Council Meeting tonight in lieu of our presence.
The City has done a really good job of modifying the street. It looks great. We have had good
relationships and cooperation with the representatives of the City and Habitat for Humanity. So
it has been all in all a good experience. Thank you for all your hard work, we really appreciate
it.
We still have a couple of issues regarding the work done on Calle Rolando that I would like to
be resolved as quickly as possible.. They are:
1. The sprinklers that you recently installed along the walkway of our property do not seem to
be doing the job.which has resulted in several dead plants that you have never replaced and I
believe should; since we are not responsible for the watering of this area. Is there anyone
monitoring the landscape for dead plants? It may be that because the plants are on our
property, your landscapers feel they have no responsibility for them. We don't feel it is our
responsibility because the sprinkler system you replaced was not done until about a month ago
plus. Where some of these problems began was when your demolition people removed all our
plants and sprinklers in addition to what you needed to be removed according to your plan. .
I don't know when your sprinklers are supposed to go on. They are not connected to our
system, so I have no control of them. I can only assume you are responsible for the walkway
sprinklers and the plants they cover.
In addition, I have to be at the site when our sprinklers are on because many times, a head is
knocked off resulting in wasted water. So the broken sprinkler has to be repaired on the spot
before our watering can continue.
2. On the corner of Alipaz and Calle Rolando your demolition crew again removed our
mature plants and never replaced them with anything, leaving a gapping space in our
landscape.
Since the sprinkler item is complex, I would like to meet with a knowledgeable landscape/city
representative who can make a decision so these two issues so they can be resolved in a
timely manner. Please call to set up an appointment and give me a 48 hour notice of any
meeting. I don't always read my e-mails every day so a phone call would be best. My land
line is and cell is
10/7/2008
. 0 Page 2 of 2
Thank you in advance for your cooperation in this matter.
Sincerely,
Ed and Lil Grabowski
----- Original Message -----
From: Christy Jakl
To:
Sent: Monday, October 06, 2008 2:20 PM
Subject: October 7, 2008 City Council Consideration
Good Afternoon,
Please see the attached notification letter regarding a San Juan Capistrano City Council
meeting agenda item. This letter has been forwarded to you at the request of the project
manager.
We sincerely apologize for sending such late notice. Normally we would mail this notice by
October 2, 2008. That mailing did not go out as scheduled.
You can view the agenda report for this item at:
City Council Agenda: http://www.sanjuancapi'stra,no.org/index.aspx?
record id=2030&page=508
Sincerely,
Christi JAI
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Christi Jakl
Administrative Specialist, City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax
10/7/2008
AGENDA REPORT
TO: Dave Adams, City Manager GW1
FROM: Nasser Abbaszadeh, Director of Engineering & Building
3/18/2008
D7
SUBJECT: Consideration of Approval of Final Map and Subdivision Improvement
Agreement for Tract 17027 (Habitat for Humanity) City Council priority
No. 6A
RECOMMENDATION
By motion;
1. Approve Final Tract Map No. 17027 as it conforms to the requirements set forth in
the Subdivision Map Act and the conditions of approval for Vesting Tentative
Tract Map17027; and,
2. Authorize the City Engineer, City Surveyor and the City Clerk to execute the Final
Map.
3. Authorize the Mayor and City Clerk to execute the corresponding Subdivision
Improvement Agreement and accept the corresponding securities.
4. Direct the City Clerk to forward the Map and corresponding Subdivision
Improvement Agreement to the County Recorder.
SITUATION
A. Summary and Recommendation
The applicant, Habitat for Humanity of Orange County, Inc., developer of City
approved Tentative Tract Map 17027, which comprises of 27 affordable
residential dwelling units on approximately 2.7 acres for condominium purposes,
located along the southerly terminus of Calle Rolando, has submitted the Final
Map for City Council consideration and approval.
The map, as well as related grading and improvement plans, have been
reviewed by the Engineering Division and were found to be in substantial
conformance with the Tentative Tract Map and the Subdivision Map Act. All
appropriate fees have been submitted and paid to the City and the developer has
signed the Subdivision Improvement Agreement (Attachment 1). All applicable
conditions of approval required by Resolution 06-09-19-05 for Tentative Tract
Map 17027 (available at the City Clerk's office for review) have been met. Upon
Agenda Report March 18, 2008
Page 2
approval of the Final Map, the Redevelopment Agency will transfer the property
to the Developer, and the Developer will be able to obtain and post the required
bonds and insurance.
B. Background
On September 19, 2006, the City Council adopted Resolution No. 06-09-19-05,
conditionally approving Calle Rolando Villas' Vesting Tentative Tract Map 17027,
which allowed for the development of the land.
The map, as well as all related improvement plans and studies, have been
reviewed by the City Engineer. The City Attorney and Planning Director have
reviewed the covenants, conditions and restrictions (CC&R's). The final items
listed below have been reviewed and found to be in compliance with the
requirements of the final tract map:
1. Applicable Subdivision fees
2. Subdivision Improvement Agreement executed in duplicate.
Once the City approves the Final Map, the Redevelopment Agency will transfer
title of the property to the developer, Habitat for Humanity of Orange County,
Inc., which will provide Faithful Performance and Labor and Material bonds for
the following improvements. Said bonds would be reduced or exonerated by the
City Engineer upon successful completion of the following improvements:
a. Street Improvement
b. Storm Drain Improvement
c. Sewer Improvements
d. Water Improvement
e. Landscape and Irrigation Improvements
f. Survey Monumentation (performance bond)
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
The Tentative Map has been previously reviewed and approved by City Council.
FINANCIAL CONSIDERATIONS
All applicable fees have been paid.
PUBLIC NOTIFICATION
Mark Korando, Habitat for Humanity
Leonard Stiles, Stiles Surveying
* Agenda report included
Agenda Report •
Page 3
By motion;
• March 18, 2008
1. Approve Final Tract Map No.17027 as it conforms to the requirements set forth in
the Subdivision Map Act and the conditions of approval for Vesting Tentative
Tract Map17027; and,
2. Authorize the City Engineer, City Surveyor and the City Clerk to execute the Final
Map.
3. Authorize the. Mayor and City Clerk to execute the corresponding Subdivision
Improvement Agreement and accept the corresponding securities.
4. Direct the City Clerk to forward the Map and corresponding Subdivision
Improvement Agreement to the County Recorder.
Respectfully submitted:
Nasser Abbaszadeh, P.E.
Director of Engineering & Building
Prepared by:
am Shoucair
CSenior Engineer
Attachments: 1. Subdivision Improvement Agreement for Final Tract Map 17027
2. Vicinity Map
3. Final Tract Map 17027
0
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document:
Subdivision Improvement Agreement for Tract 17027 (Habitat for Humanity)
ATTACHMENT
SUBDIVISION IMPROVEMENT AGREEMENT
SUBJECT: TENTATIVE TRACT MAP 17027
THIS AGREEMENT is made this _day of 2008 between the CITY
OF SAN JUAN CAPISTRANO, a municipal corporation, State of California,
hereinafter referred to as "City" and Habitat for Humanity of Orange County, Inc., a
California non-profit, public benefit corporation whose mailing address is 2200
South Ritchey Street, Santa Ana California 92705, hereinafter referred to as
"Subdivider":
WHEREAS, the tentative map application was conditionally approved by Resolution
No. 06-09-19-05; and,
WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City
of San Juan Capistrano, Orange County, generally described as Vesting Tentative Tract
Map 17027 and Subdivider proposes to do and perform certain work of improvement
thereon as hereinafter set forth; and
WHEREAS, City desires to assure that said proposed improvements will be done in
a good workmanlike manner and in accordance with the laws now in force and effect in the
City of San Juan Capistrano, California, the terms and conditions of which are incorporated
herein by reference; and
WHEREAS, Subdivider declares that he is familiar with the pertinent regulations
contained in the City Code and in the Subdivision Map Act (Government Code Sections
66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of said subdivision prepared in accordance with the City's
Subdivision Ordinance, has been filed by Subdivider with City for approval by the City
Council.
NOW THEREFORE, in consideration of the approval and acceptance by the City
Council of City of said Final Map and the acceptance of easements therein offered for
dedication for street and other public purposes and the covenants herein contained, the
parties hereto mutually covenant and agree as follows:
1. General Requirements:
Subdivider shall comply with all the conditions of approval set forth in City Council
Resolution No. 06-09-19-05 for Tentative Tract Map 17027 and shall, at his own
cost and expense, provide all required tests, design work, equipment, materials and
labor in order to complete all of the works of improvement (the "Works of
Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such
works of improvement shall include but not be limited to the placement of curb
1
0
0
markers at all proposed street catch basin inlet structures in accordance with the
National Pollution Discharge Elimination System (NPDES) requirement.
2. Security:
A. Subdivider shall, at all times beginning with the execution of this agreement,
guarantee Subdivider's performance of this agreement by providing City with
the following security instruments (the "Security Instruments"), as required by
the State Subdivision Map Act, on forms approved by City for the purposes
and in the amounts as follows:
(i) A Faithful Performance Bond to ensure faithful performance of this
agreement in regard to said improvements in the amount of 100% of
the estimated cost of construction of the improvements and 110% of
the estimated cost of the water improvements; and
(ii) A Labor and Materials Bond to secure payment to any contractor,
subcontractor, persons renting equipment or furnishing labor or
materials for the improvements required to be constructed or installed
pursuant to this agreement in the additional amount of 100% of the
estimated cost of construction of the improvements and 110% of the
estimated cost of the water improvements; and
(iii) A Subdivision Monument Bond in the amount of 100% of the
estimated cost of setting subdivision monuments as shown in Exhibit
"A",
B. In order to guarantee and warranty the Works of Improvement and in
addition to the security instruments referenced in Paragraph 2(A) above,
Subdivider shall provide to City the following Security Instruments:
(i) Prior to the City's final acceptance of the Works of Improvement and
recordation of a Notice of Completion, Subdivider shall provide to City
a Warranty Bond for Works of Improvement warranting the accepted
Works of Improvement for a period of one (1) year following said
acceptance against any defective work or labor done or defective
material furnished. The amount of such Warranty Bond for Works of
Improvement shall be equal to twenty-five percent (25%) of the
estimated construction cost set forth in Exhibit "A", or a suitable
amount determined by the City Engineer.
(ii) Prior to the City's final acceptance of the landscape and irrigation
Works of Improvement, Subdivider shall provide a Landscape and
Irrigation Warranty Bond warranting the landscape and irrigation
Works of Improvement for a period of (1) year following said
acceptance against any defective work or labor done or defective
material furnished for any reason other than improper maintenance.
The amount of such Landscape and Irrigation Warranty Bond shall be
equal to twenty percent (20%) of the landscape architect's estimated
construction cost, or a suitable amount determined by the City
Engineer. The Landscape and Irrigation Warranty Bond shall be held
by the development's Homeowners' Association ("HOA").
All Security Instruments required by this agreement, with the exception of the
Landscape and Irrigation Warranty Bond, which is submitted to the development's
HOA, shall be kept on file with the City Clerk. The terms of the Security
Instruments required by this agreement are hereby incorporated in this agreement
by reference.
City Engineer shall release the Faithful Performance Bond upon Subdivider's
written request following acceptance by City of the Works of Improvement and
Subdivider's delivery to City of the Warranty Bond for Works of Improvement.
City Engineer shall release the Labor and Materials Bond upon Subdividers written
request and following acceptance by City of the Works of Improvement and after
expiration of the time within which lien claims are required to be made pursuant to
Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of
Division Third of the California Civil Code. If lien claims have been timely filed, City
shall hold the Labor and Materials Bond until (a) such claims have been resolved,
(b) Subdivider has provided a statutory bond, or otherwise as required by
applicable law.
City Engineer shall release the Warranty Bond for Works of Improvement upon
Subdivider's written request following the expiration of the warranty period,
provided no claims are outstanding at that time regarding defective work.
The release of the Landscape and Irrigation Warranty Bond held by the HOA will
be determined by a separate agreement between the developer and the HOA.
2.1 Form of Security Instruments. All Security Instruments shall meet the
following minimum requirements and otherwise shall be in a form
acceptable to the City Attorney:
(i) Any insurance company acting as surety shall have a minimum
rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick,
New Jersey, 08858; any bank acting as surety shall have a
minimum rating of AA, as rated by Moody's or Standard &
Poor's;
(ii) Payments under the Security Instruments shall be required to
be made (and, with respect to bonds, litigation shall be
0 0
required to be instituted and maintained) in the County of
Orange, State of California;
(iii) Each of the Security Instruments shall have a minimum term of
one (1) year after the deadline for Subdivider's completing the
Works of Improvement, in accordance with paragraph 3 herein;
(iv) The Security Instruments shall reference Subdivider's
obligations under this Agreement, shall be irrevocable, and
shall include as an additional obligation secured the
responsibility to compensate City for all of the City's attorneys'
fees and litigation expenses reasonably incurred enforcing its
rights under the Security Instruments.
3. Time of Completion:
All of the Works of Improvement shall be completed within twenty-four (24)
months from the effective date of this Agreement. The time for completion
may be extended by the City Engineer, in writing, for good cause shown by
the Subdivider. Subdivider shall compensate the City for all costs reasonably
incurred in having its authorized representatives perform the usual and
customary engineering services during said extension as specified in
Paragraph 19 below. In the event that Subdivider fails to complete the
Works of Improvement within said period or any approved extension, the City
may complete said work and shall be entitled to recover the full cost and
expenses thereof from Subdivider, or his surety as herein provided. The City
may require Subdivider, or his surety, to pay the City in advance, sufficient
monies to cover the City's cost in completing construction of said Works of
Improvement.
3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein,
Subdivider's time for completion of the Works of Improvement shall
be extended for the period of any enforced delay caused due to
circumstances beyond the control and without the fault of Subdivider,
including to the extent applicable adverse weather conditions, flood,
earthquakes, strikes, lockouts, acts or failures to act of a public
agency (including City), required changes to the Scope of Work
required by City, and similar causes; provided, however, that the
period of any enforced delay hereunder shall not include any period
longer than thirty (30) days prior to City's receipt of a written notice
from Subdivider or its contractor detailing the grounds for Subdivider's
claim to a right to extend its time for performance hereunder.
3.2 Continuous Work: After commencement of construction of the Works
of Improvement (or separable portion thereof), Subdivider shall cause
such work to be diligently pursued to completion, and shall not
0 0
abandon the work for a consecutive period of more than thirty (30)
days, events of force majeure excepted.
3.3 Reversion to Acreage: In addition to whatever other rights City may
have due to Subdivider's failure to timely perform its obligations
hereunder, Subdivider recognizes that City reserves the right to revert
the Property to acreage subject to the limitations and requirements
set forth in California Government Code Sections 66499.11-66499.20-
3/4. In this regard, Subdivider agrees that if none of the Works of
Improvement referenced herein have been made within the specified
"Time of Completion" referenced in paragraph 3 above or within the
time allowed herein, whichever is the later, and if City thereafter
initiates proceedings to revert the Property to acreage, any
improvements made by or on behalf of Subdivider after the date City
initiates such action shall not be considered in determining City's
authority to revert the Property to acreage.
4. Effective Date of Agreement:
This Agreement shall not become effective unless and until the subdivision
map has been approved by the City Council and also accepted for
recordation by the County Recorder of the County of Orange.
5. Utility Deposits - Statement:
Prior to the commencement of any work to be performed within the area
delineated on the Final Map, the Subdivider must file a written statement with
the City Clerk and City Engineer, signed by the Subdivider, to the effect that
Subdivider has made all deposits legally required by such public utility
corporation for the connection of any and all public utilities to be supplied by
such public utility corporation within the subdivision.
6. Permits - Compliance with Law:
Subdivider shall, at Subdivider's expense, obtain all necessary permits and
licenses for the construction of required improvements, give all necessary
notices and pay all fees and taxes required by law.
7. Definitions and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters,
pathways, storm drains, sanitary sewers, domestic and non-domestic water,
utilities, such as electric, telephone and cable TV, conduits, gas lines,
drainage facilities, traffic controls, landscaping and irrigation, street lights,
and all other required facilities as shown in detail upon plans, profiles and
specifications which have been prepared or are now in final preparation by
engineers acting for Subdivider subject to approval by the City Engineer. No
work on said improvements shall be commenced until plans and profiles
therefore have been submitted to, approved and permitted by the City
Engineer. All required public improvements constructed or installed pursuant
to this Agreement shall become the sole exclusive property of the City,
without payment therefore, upon acceptance of said improvements by the
City Council.
& Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications,
completion of the work, and other acts are subject to approval of the City, it is
understood and agreed that any approval by the City thereof shall in no way
relieve Subdivider of satisfactorily performing said work or the related
obligations hereunder. The construction shall be done strictly in accordance
with the plans and specifications including supplementals and revisions
prepared by Subdivider or its registered engineer, and as approved by the
City as being consistent with the City Code and Standards. Subdivider
warrants that its plans and specifications conform as a minimum to said
codes and standards and that they are adequate to accomplish the work in a
good workmanlike manner and in accordance with responsible construction
practices.
In addition to the foregoing, Subdivider shall satisfy all the conditions of
approval set forth on the City approved tentative map for the Property.
Subdivider shall also perform all work and furnish all materials necessary, in
the opinion of the City Engineer and on his order, to complete the Works of
Improvement in accordance with the plans and specifications on file as
hereinbefore specified, or with any changes required or ordered by said
Engineer which, in his opinion, are necessary or required to complete this
work.
9. Intent of Plans and Specifications
The intent of the plans and specifications referenced above is to prescribe a
complete work of improvement, which Subdivider shall perform, or cause to
be performed in a manner acceptable to the City Engineer (or designee) and
in full compliance with all codes and the terms of this Agreement. Subdivider
shall complete a functional or operable improvement or facility, even though
the plans and specifications may not specifically call out all items of work
required for the contractor to complete its tasks, incidental appurtenances,
materials, and the like. If any omissions are made of information necessary
to carry out the full intent and meaning of the plans and specifications,
Subdivider or its contractor shall immediately notify its design engineer who
will seek approval of the City Engineer for furnishing of detailed instructions.
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In the event of any doubt or question arising regarding the true meaning of
any of the plans, specifications, or related documents, reference shall be
made to the City Engineer whose decision thereon shall be final.
10. Superintendence by Subdivider:
Subdivider shall give personal superintendence to the Works of
Improvement, or have a competent foreman or superintendent, satisfactory
to the City Engineer, on the work at all times during progress, with authority
to act for Subdivider. In the event the Subdivider is not exercising
satisfactory superintendence, the City Engineer may order suspension of all
work within the subdivision until the deficiency is adequately corrected.
11. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the
case may be, or pay to the owner the entire cost of replacement or repairs,
for all survey monuments or for any and all property damaged or destroyed
by reason of any work done hereunder, whether such property be owned by
the United States or any agency thereof, or the State of California, or any
agency or political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever or by combination of such
owners. Any such repair or replacement shall be completed in a reasonable
manner and subject to the approval of the City Engineer and affected
property owner.
12. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe
access for inspection by City to all parts of the work and to the shops where
the work is in preparation. The Subdivider shall pay the cost of inspections.
City's inspector shall have the authority to stop any and all work not in
accordance with the requirements contained or referenced in this
Agreement.
The inspection of the work by City shall not relieve Subdivider or the
contractor of any obligations to fulfill this Agreement as herein provided, and
unsuitable materials or work may be rejected notwithstanding that such
materials or work may have been previously overlooked or accepted.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the
overall final acceptance by City is made. Final acceptance shall not
constitute a waiver by City of defective work subsequently discovered.
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The date on which the Works of Improvement will be considered as complete
shall be that date on which the City Council accepts the improvements and
authorizes the City Clerk to file a Notice of Completion with respect thereto.
13. Authority of the City Engineer:
All required improvements shall be constructed under the inspection of and
subject to approval of the City Engineer. Therefore, it is mutually agreed by
the parties hereto that the City Engineer shall have the right to reject any or
all of the work to be performed under this contract if such work does not
conform with City Codes and Standards and the plans and specifications
mentioned herein, including subsequent revisions that may have been
previously overlooked during the plan review process. Any damage to the
improvements (existing or new) that occurs during or after installation of work
performed under this Agreement shall be repaired or replaced, by the
Subdivider, to the satisfaction of the City Engineer before the final
acceptance of completed work and release of security. In addition to the
authority granted to the City Engineer elsewhere in this Agreement, the City
Engineer shall have the authority to make a final decision in regard to all
questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and
acceptable fulfillment of the terms of this Agreement by Subdivider and
Subdivider's contractor(s).
14. Changes in the Work:
The City Engineer, without invalidating this Agreement and without
notification to any of the sureties referenced in paragraph 2, may order extra
work or may make changes by altering or deleting any portion of the Works
of Improvement as specified herein or as deemed necessary or desirable by
the City Engineer to accomplish the purposes of this Agreement and to
protect the public health, safety, and welfare. It is mutually understood that it
is inherent in the nature of the work contemplated by this Agreement that
some changes in the plans and specifications and related documents may
be necessary during the course of construction to adjust them to field
conditions and to assure the protection of the public health, safety, and
welfare. The City Engineer shall notify Subdivider or Subdivider's
contractor(s) in writing (by Correction Notice) at the time a determination has
been made to require changes in the Works of Improvement. No field
changes performed or proposed by Subdivider or its contractor(s) shall be
binding on City unless approved in writing by the City Engineer.
15. No Warranty by City:
The plans and specifications and related documents for the Works of
Improvement have been prepared by or on behalf of Subdivider or its
consultants or contractors, and City makes no representation or warranty,
express or implied, to Subdivider or to any other person regarding the
adequacy of the plans or specifications or related documents.
16. Liability for Performance, Iniury or Damage:
Neither the City nor any of its officers or agents shall be liable to Subdivider
or its contractors for any error or omission arising out of or in connection with
any work to be performed under this contract. Additionally, the City shall not
be liable to the Subdivider or to any other person, firm, or corporation
whatsoever, for any injury or damage that may result to any person or
property by or from any cause whatsoever in, on, or about the subdivision of
said land covered by this Agreement, or any part thereof.
17. Indemnifications and Release:
Prior to the commencement of any work pursuant to this contract, Subdivider
(if performing work itself) or Subdivider's contractors shall furnish to City
satisfactory evidence of an insurance policy written upon a form and by a
company (which meets with the approval of City) insuring City, its officers,
agents, and employees against loss or liability which may arise during the
work or which may result from any of the work herein required to be done,
including all costs of defending any claim arising as result thereof. Minimum
liability and property damage insurance shall be not less than $500,000 for
all damages arising out of bodily injury to or death of one person and not less
than $1,000,000 for all damages arising out of bodily injuries to or death of
more than one person in any one occurrence; and not less than $500,000 for
all damages and/or destruction of property in any one occurrence and not
less than $750,000 for all damages and/or destruction of property during the
policy period. Said policy shall be in favor of Subdivider or its contractors
and of the City, its officers, agents, and employees and shall be maintained
in full force and effect during the life of this Agreement, including extensions.
Said policy shall state by its terms and by an endorsement that it shall not
be canceled until City shall have had at least ninety (90) days' notice in
writing of such cancellation.
The Subdivider hereby releases and agrees to defend, indemnify and hold
the City harmless from and against any and all injuries to and deaths of
persons and injuries to property, and all claims, demands, costs, loss,
damage and liability, howsoever the same may be caused and whensoever
the same may appear, resulting directly or indirectly from the performance or
nonperformance of any or all work to be done in and upon the subject
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property and the premises adjacent thereto pursuant to this Agreement, and
also from any and all injuries to and deaths of persons and injuries to
property or other interests and all claims, demands, costs, loss, damage, and
liability, howsoever the same may be caused and whensoever the same may
appear, either directly or indirectly made or suffered by the Subdivider, the
Subdivider's agents, employees, and subcontractors, while engaged in the
performance of said work.
18. Liability of Subdivider:
The Subdivider agrees that the use for any purpose and by any person of
any and all of the streets, easements and improvements herein specified
shall be at the sole and exclusive risk of the Subdivider at all times prior to
final acceptance by the City of the completed street and other improvements
thereon and therein; provided that acceptance by the City shall in no way
eliminate or lessen any of the Subdivider's obligations or undertakings
contained in this Agreement. The issuance of any occupancy permits (if
granted) by the City for buildings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or
all of the required improvements in said subdivision.
19. Subdividers Expenses:
The Subdivider shall pay these additional expenses:
The Subdivider shall cause to be made and/or pay for soil tests made
by a reputable Geotechnical consultant/firm to determine stability,
gradation, bearing, and resistance value of soils within the subdivision
from which to determine the nature and design of appropriate
improvements. The Subdivider shall also pay for all compaction and
related tests necessary to determine that all fill work and the utility
trench backfill has been satisfactorily placed.
b. All service (including plan check and inspection), impact and
connection fees as established by City shall be paid for each lot in the
subdivision in accordance with the City Code.
C. All actual costs for, design, plan check, development process and
inspection incurred by the City in evaluating any proposed or agreed
upon change in work. In no event shall Subdivider be entitled to
additional inspections or final inspection and acceptance of any of the
Works of Improvement until all City fees and charges have been fully
paid, including, without limitation, charges for applicable penalties and
additional required inspections.
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d. Subdivider shall compensate the City for all actual costs reasonably
incurred in having its authorized representatives make the usual and
customary engineering services beyond the specified "Time of
Completion" referenced in paragraph 3 above. Said actual costs
include: inspection of Works of Improvement, engineer design
review, plan check and project development process. Subdivider
agrees to pay the cost of said City services within forty-five (45) days
of invoice date, or as determined by the City Engineer.
20. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that
Subdivider's contractors are not agents of the City, and that the contractors'
relations to City, if any, are those of independent contractors.
21. Certification of Satisfactory Completion:
Upon the satisfactory completion of the Works of Improvement by the
Subdivider, the City Engineer shall certify that the Works of Improvement
have been satisfactorily completed.
22. Repairs or Reconstruction of Defective Work:
If, within a period of one year after City Council acceptance of the
improvement work performed under this Agreement, any of the
improvements or work done under this Agreement fails to fulfill any of the
requirements of this Agreement, or the specifications referred to herein,
Subdivider shall without delay and without any cost to the City (upon receipt
of written notice from the City), repair or replace or reconstruct any defective
or otherwise unsatisfactory part or parts of the work or structure. Should
Subdivider fail to act promptly or in accordance with this requirement, or
should the exigencies of the case require repairs or replacements to be
made before Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work and
Subdivider shall pay to City the actual cost of such repairs plus an amount
equivalent to the current general City overhead costs.
23. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees:
materials used and workmanship performed on said work for a period of one
(1) year after completion and acceptance thereof by the City, the setting of all
required Final Map monuments and agrees to maintain all required
landscaping in a vigorous and thriving condition for a period of twelve (1)
year after completion and written acceptance thereof by the Director of
Engineering and Building and by the Homeowner's Association respectively.
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Only the warranty security for the landscape improvement shall be posted
with the Homeowner's Association. All other security instruments shall be
submitted to the City in accordance with Section 2 above. The warranty
provided herein shall not be in lieu of, but shall be in addition to, any
warranties or other obligations otherwise imposed by law.
24. Default:
24.1 Remedies Not Exclusive: In any case where this Agreement provides
a specific remedy to City for a default by Subdivider hereunder, such
remedy shall be in addition to, and not exclusive of, City's right to
pursue any other administrative, legal, or equitable remedy to which it
may be entitled.
24.2 City Right to Perform Work: In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event
Subdivider shall fail to timely perform any work required to be
performed under this Agreement and such failure shall continue for a
period of thirty (30) days after receipt of written notice of default from
City, or thereafter Subdivider shall fail to diligently pursue the cure of
any such default to completion, City shall have the right to enter into
the Property and perform any of the uncompleted work by force
account or contract or both and thereupon recover from Subdivider
and the surety company, or both, the full cost and expense thereby
incurred by City.
24.3 Attorney's Fees and Costs:
In the event of any litigation arising out of Subdivider's performance of
its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in
addition to any other relief which may be granted, shall be entitled to
recover its reasonable attorney's fees and costs. Such attorney's fees
and costs shall include fees and costs on any appeal, and in addition
a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking
depositions and discovery, retaining expert witnesses, and all other
necessary and related costs with respect to the litigation. All such
fees and costs shall be deemed to have accrued on commencement
of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
25. Notice of Completion:
Upon approval of the Works of Improvement by the City Engineer and
acceptance by the City Council, the Subdivider shall file with the Orange
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27
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County Recorder a Notice of Completion of the improvements herein
specified.
Filing of Improvement Plans:
Upon completion of the job and prior to final acceptance of the Works of
Improvement by the City, the Subdivider shall submit to the City Engineerfor
review and approval, one Mylar (4 mils) set of 'record" drawings as well as
digital copies of all improvement plans in accordance with the latest edition of
the City of San Juan Capistrano Digital Submission Standards. These
drawings shall be certified and shall reflect the job as actually constructed,
with all changes incorporated therein.
Assignment:
This agreement shall not be assignable by Subdivider without written consent
of City.
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IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of
which shall for all purposes be deemed an original thereof, have been duly executed by the
Subdivider herein named on the day of 2008, the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
HABITAT FOR HUMANITY OF ORANGE CITY OF SAN JUAN CAPISTRANO
COUNTY, INC.
A California non-profit, public benefit corporation
0
Name:
Its: Chairman
(Attach Notary Acknowledgement)
ATTEST:
Sharon Ellis, Executive Director
Attachment: Exhibit "A"
14
M
Joe Soto, Mayor
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
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SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 17027
EXHIBIT "A"
WORKS OF IMPROVEMENT
Type of Improvements:
Grading
Erosion and Silt Control
Public Street (Calle Rolando)
Public Water (Calle Rolando)
Street and Related appurtenances
(Including Street Monuments)
Storm Drain
Sanitary Sewer
Landscaping and Irrigation
Estimated Construction Cost
Or Bond Amount
Processed through BLDG. Division
Processed through BLDG. Division
$144,185
$38,940
$149,195
$160,905
$213,699
$146,536
Water and related appurtenances $167,512
15
EXHIBIT A
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VICINITY MAP
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ATTACHMENT
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The Final Map for Tract 17027 is available for Review
in the City Clerk's Office
ATTACHMENT
11
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, OA 92675
(949) 493-1171
(949) 493-1053 FAX
www sa??luancaptstrano. org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 18,
2008 in the City Council Chamber in City Hall, to consider: "Consideration of
Approval of Final Map and Subdivision Improvement Agreement for Tract 17027
(Habitat for Humanity) City Council Priority No. 6A!'— Item No. 137.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, March 17, 2008 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Sam Shoucair,
Senior Engineer. You may contact that staff member at (949) 443-6355 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
Fityclerk(a)sanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Mark Korando, Habitat for Humanity*; Leonard Stiles, Stiles Surveying; Nasser
Abbaszadeh, P.E., Engineering and Building Director; Sam Shoucair, Senior
Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
A
�J Panted on 100% recycled paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 1
www..sanjuancap tslrano. org
March 20, 2008
0
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• FTaLISa[U 1961
1776
•
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
On March 18, 2008, the City Council of San Juan Capistrano met regarding:
"Consideration of Approval of Final Map and Subdivision Improvement
Agreement for Tract 17027 (Habitat for Humanity) City Council Priority No. 6A"
Item No. D7.
The following action was taken at the meeting: Final Tract Map No. 17027 approved,
as it conforms to the requirements set forth in the Subdivision Map Act and other
conditions of approval for Vesting Tentative Tract Map 17027; the City Engineer,
City Surveyor, and the City Clerk authorized to execute the Final Map; the Mayor
and City Clerk authorized to execute the corresponding Subdivision Improvement
Agreement and accept the corresponding securities; and the City Clerk directed
to forward the map and corresponding improvement agreement to the County
Recorder.
If you have any questions regarding this action, please contact Sam Shoucair, Senior
Engineer at (949) 443-6355 for more detailed information.
Thank you,
Meg).4i MMC
Cc: Mark Korando, Habitat for Humanity"; Leonard Stiles, Stiles Surveying; Nasser
Abbaszadeh, P.E., Engineering and Building Director; Sam Shoucair, Senior
Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
011, Printed on 100% recYeletl paper