08-0318_HABITAT FOR HUMANITY_Memo to ReleaseMEMORANDUM January 29, 2013
To: Maria 46rris, City Clerk
From: Xme,A G. Ross, Interim Public Works Director
17027, Habitat for Humanity — Release of Surety
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 of land subdivision for condominium purposes, located
along the southerly terminus of Calle Rolando, has completed the improvement work as
required by the Conditions of Approval and the Subdivision Improvement Agreements.
The City Council, at its October 7, 2008 meeting, accepted the improvements for Tract
17027 as complete and directed the City Clerk to file a Notice of Completion with the
County Recorder's Office. A copy of the recorded Notice of Completion is attached
(Attachment 1).
With the completion of the improvements as noted in the summary above, the bond
release is recommended as follows:
SURETY COVERAGE
(Developers Surety and Indemnity Company)
Bond
Number
Type of Improvement
Bond Amount
Bond
#733347S'
Water
$38,940
Bond
#7346175/
Landscape & Irrigation
$146,536
Bond
#7339185-/
Street Appurtenances
$149,195
Bond
#734618S'
Water Appurtenances
$167,512
Bond
#7339195-/
Storm Drain
$160,905
Bond
#7346165
Sanitary Sewer
$213,699
Bond
#734619S,/
Monumentation
$1,000
Attachment: Notice of Completion and Resolution Accepting Improvements
CC: Joe Mankawich, Associate Engineer
F9
RESOLUTION NO. 08-10-07 ; _
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 Sari
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"' day of October, 2008.
JOE SOTO, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
ATTACHMENT 2
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 70'
day,of October, 2008, by Resolution No. 08 -10 -07 -
That upon said contract, Developers Surety and Indemnity Company was surety for the bonds)
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 7t' day of October 2008.
Margaret R. Monahan, City 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 Berk.
Dated at San Juan Capistrano this 7`" day of October, 2008.
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
ATTACHMENT 3
MA
Christy JAI
From: Maria Morris
Sent: Wednesday, January 23, 2013 12:46 PM
To: Christy Jakl
Subject: FW: call Joe Mankowicz
FYI...
Maria Morris
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 - Fax
From: VanUgten, Hans [malito:hvaniigten@rutan.com]
Sent: Wednesday, January 23, 2013 12:37 PM
To: Joe Mankawich
Cc: Jim Ross; Maria Morris
Subject: RE: call Joe Mankowi¢
The CC has approved the release, and that doesn't expire. I believe you have to write a letter and don't you have to
return the original bonds with the word "Cancelled" across the front? Something like that?
I assume Jim knows what the final steps are for release of the bonds — help?
Hans Van Ligten
Rutan & Tucker, LLP
611 Anton Boulevard,14th Floor
Costa Mesa, CA 92626
714-662-4640 Direct
714-546-9035 Fax
hvanligten(&rutan.com
www,rutan.com
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matter addressed herein.
From: Joe Mankawich[mailto:]Mankawich@sanjuancapistrano.org]
Sent: Wednesday, January 23, 2013 12:20 PM
To: VanUgten, Hans
Cc: Jim Ross; Maria Morris
Subject: RE: call Joe Mankowi¢
That would be greatl Simple question that I went over with your deputy yesterday. We had City Council
approve Notice of Completion for Public improvements for Tract 17027 back in October 2008. Bonds should
have been released per the recommendation 35 days after recordation date of the NOC. Bonds were never
released. I got a call recently from the developer requesting release. Do we need to take this to council again
or can we have the City Clerk release administratively by a letter to them stating the bond numbers and
amounts and surety.
Thanks
JOE MANKAWICH
ASSOCIATE ENGINEER
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4874313
From: VanLlgten, Hans [mailto:hvanliaten@)rutan.coml
Sent: Wednesday, January 23, 2013 12:10 PM
To: Joe Mankawich
Subject: FW: call Joe Mankowi¢
I'm coming in for a meeting at 3:00 and should have time to talk to you after it's over. Does that work for you re timing?
Hans Van Ligten
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
714-6624640 Direct
714-546-9035 Fax
hvanlinten0rutan.com
www,rutan.com
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-
2521), (b) may contain confidential and/or legally privileged Information, and (c) are for the sole use of the intended recipient named above. If you have
received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the
contents of the Information received in error is strictly prohibited.
IRS Circular 230 Notice: Pursuant to the Internal Revenue Service requirements we inform you that, unless specifically
indicated otherwise, any tax advice contained in this e-mail, including any attachments, is not intended or written to be
used, and cannot be used, by the recipient or any other person for the purpose of (i) avoiding penalties that may be
imposed under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax -related
matter addressed herein.
From: Wilson, Karen
Sent: Wednesday, January 23, 2013 9:53 AM
To: VanLlgten, Hans
Subject: call Joe Mankowla
Karen F. Wilson
Legal Secretary
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
714-641-5100 x1502
714-546-9035 Fax
kwilson rutan.com
www.rutan.com
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-
2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the Intended recipient named above. If you have
received this electronic message In error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the
contents of the information received in error is strictly prohibited.
IRS Circular 230 Notice: Pursuant to the Internal Revenue Service requirements we inform you that, unless specifically
indicated otherwise, any tax advice contained in this e-mail, including any attachments, is not intended or written to be
used, and cannot be used, by the recipient or any other person for the purpose of (i) avoiding penalties that may be
imposed under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax -related
matter addressed herein.