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Resolution Number 11-08-16-01RESOLUTION NO: 11-08-16-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16748, ARCH INSURANCE COMPANY WHEREAS, on December 6, 2005, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with SJD PARTNERS, LTD., providing for the construction of certain public and private improvements within Tract 116748; and, WHEREAS, on January 11, 2007, an assignment of rights in Subdivision Improvement Agreement was executed between SJD PARTNERS, LTD and WL HOMES LLC., which transferred, for the benefit of the City of San Juan Capistrano and SJD PARTNERS, LTD., all obligations of SJD PARTNERS, LTD to WL HOMES under the above mentioned Subdivision Improvement Agreement which was recorded on December 29, 2005 as Instrument Number 05-0010136236 in the official Records of the County Recorder of Orange County, California; and, WHEREAS, Prior to the completion of the private street improvements within Tract 16748, WL Homes LLC filed for bankruptcy;. and, WHEREAS, Arch Insurance Company is the provider of the security instruments for the construction of those public and private improvements within Tract 16748; and, WHEREAS, Arch Insurance Company has completed the required improvement work to the satisfaction of the City Engineer; and, WHEREAS, Arch Insurance Company, has requested that the City determines that the street, storm drain, sewer, street monuments and water improvement work, within Tract 16748 in the City of San Juan Capistrano are complete and the corresponding sureties be released accordingly. These sureties release are as follows: SURETY COVERAGE TYPE' QF �?R tNAlr Ali It SUNT; (,arch nsrance C9ranY) 1MPQrMET RE RELEASE Bond # SU5020110 Street $161,000 'Bond =# SU.5020109 or draan .; $45,000 Bond # SU5020111 Sewer $51,000 Bond„ SU50201 3 I onurnehtati r fl,0i f3 Bond # SU5020112 Water $117,043 8/16111 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and survey monumentation required to be performed by Arch Insurance Company have been completed. SECTION 2. That the completed work is approved. SECTION 3. That the surety described in the chart above may be fully released 35 days after recording of a Notice of Completion. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 16th day of August, 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) .,',Sam Allevato, Mayor 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 11-08-16-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16th day of August 2011, by the following vote: AYES: ,COUNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato NOES: OUNCIL MEMBER: None ABSE OUNCIL MEMBF None MAR14 II QFWIIS; City C 2 8116111