1996-0402_S.J. HILLS L.P._Asgmt of Improvement AgrmtsRECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOV NMENT COD CTION�,61103
G fl4i%-
Cheryl Johnson, CAty C1QA
San Juan Capistrano, CA
Recoraea in the county of orange, caiifornia
Gary L. Granvi�lllllllll�lllllllllllll�{I Clerk/Recorder I{{IIN«[[IIIIII{{{{Illllll[l[Illlfl[ 3 ; 55
19990437131 pm 06/11/99
005 5147381 05 44
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that an Improvement Agreement between the City of San Juan Capistrano and San
Juan Hills L.P., c/o Pacific Communities Builders, Inc., 1000 Dove Street, Suite 100, Newport Beach, California
92660, Developer of Tract 13865, requires the Developer to complete the following, to wit: Construction of street
improvements in conjunction with the development of Tract 13865, in the City of San Juan Capistrano. l�
l�
That said work was completed by said Developer according to plans and specifications and to the satisfaction of the a
City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City
of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular
meeting thereof held on the 1st day of June, 1999, by Resolution No. q 9 — 6 --/ -/
That upon said agreement, Developers Insurance Company was surety for the bonds for street improvement and
monumentation work in the amount of $272,131.00 for Tract 13 865, given by the said company as required by law.
Dated at San Juan Capistrano, California, this C)- day of wl)e— _- _ ", 1999.
Cheryl Johnson,49ity OYerk
City of San Juan Capistrano = "
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF SAN JUAN CAPISTRANO } '
I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San
Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded
in the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this �h day of �UA6 '1999.
Cheryl Johnso Ci Clerk
City of San Juan Capistrano
U
RECORDING REOUESTED BY:
City of San Juan Capistrano
Office of the City Clerk Recorded Linthe Granvpi Granville,county
foraGary ecordeal ifornla
32400 Paseo Adelanto 1l11ljlll�llllllllllllllllllllllll�llllllll�illlll����������ll
San Juan Capistrano, Ca. 92675 19960198181 2.38pm 04/22/96
005 24000474 24 12
21 0 7.00 21.00 0.00 0.00 0.00 0.00
AND WHEN RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
PROJECT: Final Map, Tract 13865
i
ASSIGNMENT OF IMPROVEMENT AGREEMENTS
The undersigned, Glendale Federal Bank, a California corporation ("Glendale
Federal"), hereby assigns to S.J. Hills L.P., a California Limited Partnership, all of its right,
title and interest in and to that certain Subdivision Improvement Agreement between Lusk
Company, a California Corporation ("Lusk") as "Developer" and the City of San Juan
Capistrano, a municipal corporation, as "City", copy of which are attached hereto as
Exhibit A and which was recorded on September 12, 1991 as Instrument No. 91-496387,
in the Official Records of the County Recorder of Orange County, California, the
Developer's interest under which were assigned to Glendale Federal by Lusk by that
certain Assignment of Improvement Agreements recorded June 26, 1995 as Instrument
No. 95-0270214, in the Official Records of the County Recorder of Orange County,
California.
GLENDALE FEDERAL BANK, a
California corporation
By.
Name: Richard H. CurtiprJr.
Title: Vice President
-1-
v
This Assignment is hereby accepted by S.J. Hills, L.P. and S.J. Hills, L.P.
hereby assumes for the benefit of the City, Lusk, and Glendale Federal, all of the
obligations of Developer under the Subdivision Improvement Agreement.
S.J. Hills L.P., a California
Limited Partnership
By: Pacific Communities Builder, Inc.
ey:
Name: Nelson Chung
Title: president
-2-
RECf.1VE9
SEP 30 125 PM'°'
CI':'r CLERK
asPARTM@NT
r:TY GP SAN
JUa:1 :ArIS. RANK
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
91=496387'
U
RRO'OFORANGEICOFFICIALUNALIFORM,
4:00
P.M. SEP 12 1991
44�" Q' V&'40*640rder
RECORD
GOVERN
CHERYL
FEES E MPT DUE TO
T CODE SECTION 6103
PROJECT: Tract 13863
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of
the Government Code of the State of California, by and between the City of San Juan
Capistrano, a Municipal Corporation, hereinafter called the "CITY" and The Lusk
Company, whose mailing address is P.O. Box C-19360, Irvine, California 92713,
hereinafter called the "DEVELOPER".
WITNESSETH:
WHEREAS, the CITY has conditionally approved Tentative Tract 138631 and
WHEREAS, DEVELOPER desires to postpone the completion of the public
and/or private improvements for three years; and
WHEREAS, in consideration of the CITY's approval of the request for
postponement, DEVELOPER has agreed to provide such security as may be required by
CITY to guarantee that all improvements for Tract 13863 will be installed in a timely
manner.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at Its sole cost and expense, provide and furnish all
labor, materials and equipment for the installation of improvements for Tract 13863
shown on the Improvement Plans and Specifications approved by the CITY; all such plans
and specifications are on file in the office of the City Engineer and are incorporated
herein by reference. "Improvements" include: all off-site grading work; paving of all
streets, alleys and public service easements; construction of concrete curbs, gutters,
cross gutters and sidewalks; installation of storm drainage and sznisary seweraga
facilities; installation of underground conduit and street lighting system; installation of
all street signs; the design and construction of a traffic signal at La Novia Avenue and
Via Entrada; the supplying and planting of all parkway trees; the installation of all
appurtenances; the furnishing of all engineering costs and services to do and complete
said work; and to do and complete all other acts and obligations required by the CITY as
condition of the approval of the project. The City Engineer shall determine the
estimated costs of said improvements to be used for the security required herein.
EXHIBIT "A"
PROJE' -: Tract 13865
2. DEVELOPER shall design and construct the following off-site
improvements and enter into a reimbursement agreement for same:
- La Novia Avenue Bridge widening, including rip rap for bridge pier
protection and the requisite drop structure;
- Traffic signal and minor intersection widening at Valle Road and San
Juan Creek Road;
Traffic signal at Valle Road and the proposed extension of La Novia
Avenue.
3. DEVELOPER shall pay participation fees conjointly with this agreement
to help mitigate the increased traffic impact caused by his development as follows:
For Traffic Signals:
La Novia Avenue and Calle Arroyo
$ 149400
La Novia Avenue and San Juan Creek Road
10,800
For Street Improvements:
Valle Road, San Juan Creek Road to I-5 Ramps
$ 31,280
San Juan Creek Road, Valle Rd to La Novia Ave
293,640
San Juan Creek Road, Valle Rd to Camino Capistrano
24,700
Ortega Highway, Rancho Viejo Rd to I-5
116,280
TOTAL
$491,060
4. It is anticipated that Tract 13865 will be phase 1 of the four tracts being
developed by developer in this area. Should developer wish to change his phasing, items
2, 3, and 4 which pertain to off site improvements and participation fees shall be made a
part of the Improvement Agreement for whichever tract becomes phase 1.
5. DEVELOPER shall, at its sole cost and expense, provide and install all on-
site water mains and appurtenances and shall provide all labor and materials to connect
the same to existing mains and facilities of the Capistrano Valley Water District, in
accordance with all of the requirements of said District.
6. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinance and resolutions as conditions of approval of Tract 13865 and the improvements
therefor.
7. DEVELOPER shall provide the following surety, all of which shall meet
the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a
faithful performance surety in an amount equal to the total estimated cost of work for
improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a
faithful performance surety equal to the total estimated cost of work and improvements
to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated
cost of work and improvements to be dedicated to the CITY securing payment to the
contractor, any sub -contractors and persons providing equipment, labor and/or materials
for and/or account of such improvements.
,z
PROJE " Tract 13865
v
The surety bonds shall provide that CITY, as beneficiary, shall be entitled to
attorney's fees in the event that CITY is required to bring legal action to enforce the
terms of the surety.
S. The City Engineer of the City of San Juan Capistrano may make such
changes, alterations or additions to the plans and specifications for said work and
improvements which do not exceed ten percent (10%) of the total estimated cost set
forth in paragraph 4 above, as may be determined necessary and desirable by him for the
proper completion of said work and improvement or as required for the safety and
welfare of the public and no such changes, alterations or additions shall relieve the
DEVELOPER from the faithful performance of this agreement.
9. DEVELOPER agrees to complete all of said work and improvement and to
pay all costs specified herein within a period of three years from the date of this
agreement. If additional time is needed, an extension may be granted by the City
Engineer on the showing of good cause. Any such extension shall, however, be subject to
all of the terms and conditions of this agreement, and any surety or other security shall
continue in full force and effect until the work and improvement has been accepted by
the CITY.
10. DEVELOPER agrees that CITY may, without any notice, and at its sole
option, at any time after the time for completion has passed, complete, or cause to be
completed, all or any part of the said work, and DEVELOPER shall pay to said CITY,
upon demand, all of the cost of any of said work done by the CITY, its agents and
contractors, or any of them, to complete all or any part of said work.
11. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as
reasonable for the legal services of any attorney representing the CITY in any action
brought to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the DEVELOPER if such action is
determined in favor of the said CITY.
12. CITY, its officers and employees, except for their own acts shall not be
liable or responsible for any accident, loss or damage happening or occurring to the
improvements specified in this agreement prior to the completion and acceptance of said
improvements by the CITY.
13. DEVELOPER shall perform all work in a safe workmanlike manner and
shall take such precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
14. DEVELOPER shall hold CITY, its officers and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors,
agents or employees in the performance of this agreement.
DEVELOPER shall maintain liability insurance in the amount of $1,000,000
combined single limit at all times during the life of this agreement, naming the CITY as
a co-insured.
15. CITY agrees, in consideration of the promises herein made by
DEVELOPER, to permit the DEVELOPER to postpone the completion of improvements
for three years until July 16, 1994.
1
U
PROJE.— Tract 13865
IN WITNESS WHEREOF, the parties have executed this agreement as of July 16,
1991.
ATTEST:
(19,
Cheryl John n, d1ty Clerk
APPROVED AS TO FORM:
14
1 t�2
Prom Clark , CITY ATT O Y
CITY OF SAN JUAN CAPISTRANO
R eth Friess, MAYO
THE- LUSK COMPANY
A CALIFORNIA CORPORATION
OWNER
BY �Gl//12._
/ VIC.E PRE DENT
BY ,� Q
SECRETARY
APPROVED
LEGAL DEPT.
I>
CALIFORNIA AIILIL-PURPOSEACKNOWILIEDGMENT ~
Na. 5907
State of tgltl 11(�
County of
0n before me,
DAE n .I II pp NIIAME, TTLE OF OFFICER _E. G.,"JANE DOE ,NOTAFFPUBLIC-
personally appeared doh/114fIti ` Cll4j5h �4)_ ,
NAME(S) OF SIGNER(S)
l3 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
BEVERLY SEGER v person(s) acted, executed the instrument.
rc CGmm. N 98`u165 '$
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NOIALIPU'uLICWFOdh>\
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As�m: C. A
a,te" WITNESS my hand and official seal.
SI NATURE OFINOTARY
OPTIONAL
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 OFFJ,CER
l)tCe Y,kCS ,
nnE)s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTmQIES)
DESCRIPTION OF ATTACHED DOCUMENT
I.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION -8236 BARI Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184
ACORD GERTIFICA QF LIABILITY INSUF NCB %'---€ MTE,MMmD YI "
,,,vy ` 11/24/1999
PRODUCER (909)860-0599 FAX (979)860-4119
.
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
astern Insurance Marketing
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 4760
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License # 0548614
COMPANIES AFFORDING COVERAGE
Diamond Bar, CA 91765-0760
y..COMPANY................... ran ...............................
Stead fast Insuce Co
Attn: Debbie Abundis Ext:
A
...................................................................... ..............................
IxeurtED Pacific Communities Builder, Inc. `
COMPANY
B
S.I. Hills, A CA Limited Partnership
....................................................................................................................................................
1000 Dove Street #100
CmJCANY
Newport Beach, CA 92660
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COMPANY C 41
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THIS IS CERTIFY THE POLICIES BELOW HAVE BEEN ISSUED TO THE INSURED NAMEOABOVI FO OLId�'PERI�
TE MOR
REQUIREMENT,
INDICATED, NOTWITHSTANDING ANY REpUIREMENT, TERM OR CONDITION OF
ANY CONTRACT OR OTHER DOCUMENT WITH RfiS CDfTOWNIICHT;9
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT''Q5.Lt HE TERMS, p
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLMiS.
.1 .......111 ......... .......... ... ........... _:..............
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TYPEOFINSURNICE POUCY NUMBER ICY EFFECTIVE. POLICY J UMR%Z
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: GENERALAGOREGATE :5 2,000:000
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OWNER'S B WNIRACfORSMOT.
: EACH OCCURRENCE ;5 1,000,000
FlRE DAMAGE1Anyon fi ) 1 50,000.
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''. AUTOMMU! LIABILITY
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DESCRIPTION OF OPERATIONLLOCATIONSMEHICLEWSPEOIAL ITEMS
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of San Juan Capistrano
BUT FAILURE TO MMLSUCHNOTICE SHALL IMPOSE NO OBUOATION OR LIABILITY
32400 Paseo Adelanto
OF MY KIND UPON THE CO Y, ITS AGENTS OR REPRESENTATNES,
AUTKORM REMEMNTA17
San Juan Capistrano, CA 92675
Debbie Abundis
•
FRANK A. WOOLSEY JR 4 612
JACQUELYN I WOOLSEY q/
T9 / 6 16-6(irr M
690
PAk T9 THE /n _
ORDER OF
L L A R S e..
Bank of America Ctls!Qq ince
Fountain Valley Branch #0690
97430 Brookl)urst Stree!
Foontaan Valley, CA 92709 (714) 973.8496
MEMO? C
221
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11.11
DA" PONT OFFICE 72'337 GO-LDEN LAN -ERN STPEET LA43UNA NIGGEL. CA 92677
Ark
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JOHN S. VIGIANO
F ^
1
nnuo use
iS
April 5, 1996
Mr. Nelson Chung
S.J. Hills c/o Pacific Communities Builders
1036 South Serrano Avenue
Anaheim, California 92808
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGESCARSOROUGH
Completion of -l- 1 Iml2rovements. Release of Bonds._1• Assignment of
Improvements
Dear Mr. Chung:
At their meeting of April 2, 1996, the City Council of the City of San Juan Capistrano
adopted Resolution No. 964-2-2, accepting the storm drain and sewer improvements as
complete and releasing the corresponding bonds; approving the Assignment of
Improvement Agreements from Glendale Federal Bank to S.J. Hills L.P. for Tract 13865;
and, authorizing and approving the reduction and substitution of bonds for the public and
private streets within Tract 13865. The Notice of Completion and the Assignment
Agreement have been forwarded to the Orange County Recorder's Office.
A copy of Resolution No. 96-4-2-2 is enclosed for your information. Please feel free to
contact Sam Shoucair at 443-6355 if you have any questions.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Brian Johnson
Engineering and Building Director
Sam Shoucair
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
4$T AME RIC -9
}
STATE OF CALIFORNIA{� }ss.
COUNTY OF p) 44 to }
On MQ r C k ) "7I "7 , 1994 , before me,
personally appeared /
personally known to me
(or greyed to-meitt the-besi ) to be the person(V whose nameA is/ay4
subscribed to the within instrument and acknowledged to me that he/sp6/thdy executed the same
in his/hl i/tb& authorized capacity(ie/, and that by his/hl&(r/tWir signature(K on the instrument the
personO or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature Z' -t
1100— - ^ ----
WIPIE 1-MM
�MM.�! 1000740 s
OAAl19EL0111W11� N
M/00iia1��
(This area for official nolarial seal)
Title of Document lU_ta� llru at a J!pQ�(2 erg f'f't,ZYA
Date of Document No. of 11P��age/s� o
Other signatures not acknowledged ; C t 0/ rd 44 . l G Ir S r
3008 (154) (General)
First American Tile Insurance Company
AGENDA ITEM April 2, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Resolution, Approval of Assignment of Improvement Agreement, Release,
Reduction and Substitution of Bonds, Notice of Completion, Tract 13865, Glendale
Federal Bank (Glenfed) and S.J. Hills (SJH).
RECOMMENDATION
1. Approve the Resolution to Assign the Improvement Agreement from Glenfed to SJH for
tract 13865 and authorize the Mayor to execute the Assignment Agreement.
2. Authorize the reduction of the $586,500 public street improvement bond to $146,625.
3. Authorize the reduction of the $418,024 private street improvement bond to $104,506.
4. Approve the substitution of the Glenfed bonds with applicable sureties from SJH.
5. Accept the storm drain and sewer improvements within Tract 13865 and authorize the
release of corresponding bonds from Glenfed.
6. Authorize the City Clerk to file a Notice of Completion for the storm drain and sewer
improvements within tract 13865 with the Orange County Recorder.
In 1993, Glenfed, the original land financier/developer of tract 13865 Glenfed Area C1, took
back the land from the Lusk Company. On June 6, 1995, the City Council approved the
transfer of Assignment Agreement and Bond Substitution from Lusk to Glenfed. The
improvement work for this tract was to be the obligation of Glenfed until SJH (known as
Pacific Communities, Builders) completed the ownership transaction and executed a new
Assignment Agreement. Glenfed is now requesting the release/reduction of their bonds
based on the completion /partial completion of the improvement work and the substitution
of all the required bonds with new ones from SJH.
Glenfed sold the subject property to the Lusk Company in 1989. Lusk proceeded to record
the final map, execute the Improvement Agreement with the City in July of 1991 (see
Exhibit A) and post bonds to ensure the completion of the public improvements. Glenfed
was Lusk's lender for the acquisition of the property and for development and improvement
costs.
FOR CITY COUNCIL AGED► q.. f
AGENDA ITEM
April 2, 1996
Page 2
Through a Deed in Lieu of Foreclosure, Glenfed re -acquired ownership in May of 1993. A
condition of said Deed in Lieu was that Glenfed replace all bonds.
In July, 1994, Glenfed sold Parcels C 1 to SJH, also known as Pacific Communities Builders,
Inc. A condition of this transaction was that Pacific replace all subdivision bonds, however,
they were not required to do so until December 31, 1995.
With Lusk's insistence that their bonds be replaced, replacement bonds in the name of Glenfed
were submitted to the City and approved for acceptance by the City Council at their meeting
of June 6, 1995.
At this time, Glenfed is requesting that their bonds be released and that replacement bonds
for all unfinished work be substituted with SJH's bonds along with a new Assignment
Agreement.
It should be noted that during the ownership transaction, SJH successfully completed the
storm drain and sewer improvements to the satisfaction of the City Engineer and has nearly
completed the public and private street improvements.
The amounts and types of bonds posted by SJH to replace the applicable Glenfed bonds
currently held by the City are described in Exhibit "B".
It is therefore, Staffs recommendation to approve the request for approval of assignment,
bond release, reduction and substitution, and the notice of completion.
To ascertain a proper quality of material used, and guarantee the workmanship performed on
every improvement work associated with this tract, a one year warranty bond for 25% of
original bond amount will be collected by the City upon acceptance of each completed
improvement. The warranty bonds shall only be released by the City Engineer after his final
inspection of the corresponding improvement at the end of the one year warranty period.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
NIA
FINANCIAL CONSIDERATIONS
None
NOTIFICATION
Glendale Federal Bank
S.J. Hills, A California Limited Partnership
N
AGENDAITEM
April 2, 1996
Page 3
Accept the Resolution approving the Assignment of Agreement and applicable bond
substitution, and accept the storm drain and sewer improvements.
Do not accept the Resolution.
Refer to Staff for additional information.
RECOMMENDATION
1. Approve the Resolution to Assign the Improvement Agreement from Glenfed to SIH for
Tract 13865 and authorize the Mayor to execute the Assignment Agreement.
2. Authorize the reduction of the $586,500 public street improvement bond to $146,625.
3. Authorize the reduction of the $418,024 private street improvement bond to $104,506.
4. Approve the substitution of the Glenfed bonds with applicable sureties from SJH.
5. Accept the storm drain and sewer improvements within Tract 13865 and authorize the
release of corresponding bonds from Glenfed.
6. Authorize the City Clerk to file a Notice of Completion for the storm drain and sewer
improvements within tract 13865 with the Orange County Recorder.
Respectfully submitted,
A.
William M. Huber, P.E.
WM1VSS:ssg
attachments: 1. Resolution for the tract
2. Assignment of the Improvement Agreement
3. Copies of the Lusk Improvement Agreement (Exhibit A)
4. Development Bond List (Exhibit B)
5. Notice of Completion
6. Location Map (Exhibit C)
a:\agendas\4-2g1nf.eam
&ff2 --So
RESOLUTION NO. 96-4-2-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS;
APPROVING THE ASSIGNMENT OF IMPROVEMENTS AGREEMENT AND
THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES
AND RIGHTS FROM THE GLENDALE FEDERAL BANK TO SAN JUAN
HILLS, L.P., A CALIFORNIA LMTED PARTNERSHIP
WHEREAS, on the 16th day of July, 1991, the City of San Juan Capistrano entered
into Improvement Agreements with the Lusk Company for the construction of certain public and
private improvements servicing Tract 13865; and,
WHEREAS, at their meeting of June 5, 1995, the City Council approved the transfer
of Assignment Agreement and Bond Substitution from Lusk Company to Glendale Federal Bank;
and,
WHEREAS, Glendale Federal Bank has completed ownership transaction of Tract
13865 to San Juan Hills, Ltd., and has requested to assign the subject improvements to San Juan
Hills, L.P,; and,
WHEREAS, during said transaction period, San Juan Hills, L.P., has completed the
storm drain and sewer improvements and has completed approximately 85% of the public and private
street improvement work in accordance with the plans and specifications and to the satisfaction of
the City Engineer; and,
WHEREAS, the City Engineer recommends:
(1) the release of the following Glendale Federal Bank sureties:
(a) $658,156 - Storm Drain Improvements, Bond No. 3SM 806 22100
(b) $211,150 - Sewer Improvements, Bond No. 3SM 806 225 00; and,
(2) a 75% reduction of the Glendale Federal Bank sureties and a substitution with sureties
from San Juan Hills, L.P., as follows:
(a) Glendale Federal Bank surety in the amount of $586,500 for public street
improvements, Bond No. 3SM 806 220 00, reduced to and substituted with San Juan Hills, L.P.,
Bond No. 415 854 S in the amount of $146,620; and
(b) Glendale Federal Bank surety in the amount of $418,024, Bond No. 3 SM 806
222 00, for private street improvements, reduced to and substituted with San Juan Hills, L.P. Bond
No. 415 804 S, in the amount of $104,506; and,
v
WHEREAS, San Juan Hills, L.P., has posted sufficient sureties with the City of San
Juan Capistrano for all the remaining unfinished improvement and monumentation work; and,
WHEREAS, the City of San Juan Capistrano has no objection to said assignments
and the substitution of sureties.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
The storm drain and sewer improvement work required to be performed by Glendale
Federal Bank and San Juan Hill, L.P., for Tract 13865 has been completed.
Said improvements are hereby accepted and the corresponding sureties may be fully
released.
SECTION 3.
The City Clerk is directed to forthwith forward a "Notice of Completion" to the
County Recorder of the County of Orange.
The public and private street improvement work is near completion and the
corresponding sureties may be reduced accordingly.
The transfer and substitution of sureties and Assignment of Improvements Agreement
from Glendale Federal Bank to San Juan Hills, L.P., is approved.
PASSED, APPROVED, AND ADOPTED this 2nd day of
April , 1996.
ATTEST:
0 -,AZ. ,/J2�eQ,
CITY CLE
IJ rJ /a,14
WYAT T, MAYOR
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-4-2-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of April , 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOq4,1TY CLERK
-3-
.
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VICINITY MAP
N.T.S.
45
A)
TRACT 13865
r"m
EXHIBIT " C "
1036 S. SERRANO AVE.
ANAHEIM. CA 92808
TEL:714•281.8600
FAX:714•281.6690
� PACIFIC
March 8, 1996
Mr. William Huber
Director of Building and Engineering
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: San Juan Replacement Bonds - Tract 13865, Area C-1
Dear Bill:
Enclosed please find copies of replacement bonds for the above-mentioned area. The
bonds being replaced are as follows:
Glendale
Descrilition Federal Bonds
San Juan Creek Signal 3SM80621600
Valle Rd. Signal 3SM80621700
Public Streets, Via Entrada 3SM80622000
Private Streets
Monuments
3SM80622200
3SM80622400
New S.J.
Bills Bonds
415806S
4158075
415854S
4158045
4158055
Amoun
$200,800.00
$108,000.00
$146,625.00
$104,506.00
$21,000.00
We would like to replace these bonds as soon as possible. Your assistance in this
matter will be greatly appreciated.
Should you have any questions, please contact me at 714/281-8600.
Sincerely,
Albert Shen
Vice President
AS/ws
attch.
cc: S. Shoucair, City of San Juan Capistrano
J. Simon, Sheppard, Mullins, Richter & Hampton
M. Barror, Glendale Federal Corporation
albeiticorporatelbondslsmjuan\sanj7
U
Averbeck Company
Insurance Brokers
March 6, 1996 Albert, enclosed are three duplicate originals of
the below referenced riders. Please file these with the obligee
to be attached to the original bon
February 22, 1996 11'
Mr. Albert Shen
Pacific Communities Builder, Inc.
1036 South Serrano Avenue
Anaheim, CA 92807
RE: S.JHills, A California Limited Partnership
Policy Number: 4158075
Policy Period: February 14, 1996 to February 14, 1998
Dear Mr. Shen:
Enclosed please find three original riders in reference to the
above referenced bond.
The riders are amending the street name of Balley to Valle.
Please forward these original riders to the appropriate person at
the City of San Juan Capistrano.
We apologize for any inconvenience this may cause you. Please
contact our office with any questions.
Sincerely,
Averbeck Company
Kelly A. Saitman
Bond Account Representative
Enclosures
Insurance and Risk Management 3270 Inland Empire Blvd.. Suite 100
�8�1
Ontario. California 91764
Tel:909.941-6699 Fax: 909-483-5123