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 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: 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.