1988-0216_GLENFED DEV CORP._Improvement Agreement 58-075738
EXCEMPT "City Copy"
•
RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 . 4.1'1111F-46
ARY ANN :'A, •VE ' , City Clerk
San Juan C pistrano, California
C 0 GoYf' PROJECT: Final Map, Tract 12423
(Glenfed)
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 Glenfed
Development Corporation whose mailing address is: 16601 Ventura Blvd.,. Encino, CA
91436, hereinafter called the "DEVELOPER".
WITNESSETH :
WHEREAS, the CITY has conditionally approved Final Map, Tract 12423; and
WHEREAS, DEVELOPER desires to postpone the installation of the public
and/or private improvements for Final Map, Tract 12423 until after the CITY's
acceptance of the Final Map; 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 Final Map, Tract 12423 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 Final Map, Tract
12423 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 but are not limited to: design
and construction of the improvements to La Novia to the project boundary by November,
1988, and construction of La Novia from the project boundary to Valle Road prior to the
issuance of the Use and Occupancy Permit for the 401st dwelling unit; all off-site
grading work; paving of all streets, alleys and public service easements; construction of
concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary
sewerage facilities; installation of underground conduit street lighting system;
installation of all street signs; 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.
``
EX// /T
/5C 2
88-0T6T38 PROJEC i Final Map, Tract 12423
2. 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.
3. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinance and resolutions as conditions of approval of Tract 12423 and the improvements
therefor.
4. DEVELOPER shall provide the following sureties, 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
subdivision 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; and (d) A Faithful
Performance - Public Works Surety in an amount equal to the total estimated cost of
work to monument tract boundaries, open space areas and public street center lines.
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.
5. 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.
6. DEVELOPER agrees to complete all of said work and improvement and to
pay all costs specified herein within a period of 365 days 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.
7. 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.
8. 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.
8.8-0767 PROJEC t Final Map, Tract 12423
9. 1 Yt its officers and employees, except for their own acts shall not be
liab4e'..�r :res�_p__e 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.
10. 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.
11. 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.
12. CITY agrees, in consideration of the promises herein made by
DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements
for 365 days until February 16) 19 89.
IN WITNESS WHEREOF, the parties have executed this agreement as of
February 16, 1988
Date
CITY OF SAN JUAN CAPISTRANO
ANTHONY•fcLAND, MAYOR
ATTEST:
DEVELvPER
'• RY ANN ;1' N. ER, CITY CLERK BY �� _% ►! u P
GLENFED DE ELOP ENT
CORPORATI•
TAK FUJII
APPROVED A TO FORM:
BY / / 4.d1)
I %
GLEN E• DEVELOPMENT
CORPORATION
ROSS WILLARD
JOHN R. S • W, CI • ORNEY
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