1978-0627_BUTLER DEVELOPMENT_Subdivision AgreementRECORDING REQUESTED BY AND WHEN
REODRDL1S'r'RETURN TO:
CITii OF SAN JUAN CAPISTRA,
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 926'
RECORDING FEES EXEMPT DUE TO
a38JQ0 GOVERNME1111 CODE SECTION 6103
5 MARY AWN,MANOVER, City Clerk
San Juan Capistrano, California w
EVETAIPT Tract No. biose
-J
SUnDIVISION ACREEMENT
c.
THIS AGREEMENT, made pursuant to the
provisions of.Division 2
'A
of Title 7 of Lhc Cc:ernment
Code of the
State of California, by and
0
between the CIVY OF SAN JUAN
CAPISTRP:NO,
a Municipal Corporation,
O
hereinafter called the "City"
and
BUTLER DEVELOPMENT CO.
whose mailing addres3 is
17871 Santiago Boulevard, Suite 223, Villa Park, CA 92667
hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commiss=ion
of the City a tentative map for a proposed subdivision, known as
Tract No. -10090____, which has been conditionally approved by the
City Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsequent to the acceptance and recordation of the final
map of said .subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation of said improvements within the time herein provided.
NOW, THEREFORE, in consideration of the premises and the approval
of the final map of said subdivision and the postponement of the time
to install such Kyrovements, and to satisfy the said condition of
the approval of the said tentative map, the.Subdivider hereby undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its) own cost and expense, improve said
tract by doing all wort: and providing and furnishing all labor, materials
and equipment and making all installations shown on the improvement- plans
signed.and approved by the City Engineer and specified by the Specifica-
tions of the City of San Juan Capistrano, which plans and specifications
are on file in the office of the City Engineer and incorporated herein by
reference, including but not limited to, all 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 sanitary sewerage facilities, installation of underground conduit
street lighting system, the installation of all street name signs, and
the supplying and planting of all parkway trees, together with the instal-
lation of all appurtenances, contingencies and 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 condi-
tion of the approval of the tentative subdivision. For purposes of this
agreement, the City Engineer shall determine the estimated costs of said
improvements to be used for Surety devices as required. herein.
2. Subdivider will, at his (its) own cost and expense, provide and
install all on-site and off-site water mains and appurtenances and will
provide alllabuz aad materi"! to connect the same no existing -mains
and facilities of the Orange County Waterworks District 44, and will
comply with all of the requirements of said District, and with the plans
and specifications for said work signed by, and on file in the office
of the Manager of said District., incorporated herein by reference.
3. Subdivider. agrees Lo pay all appl.i.cablo fees assigned by
City. For purposes of till.; agroemcnt, applicable fees shall be defined
as all fees that may he legally dssesved through City's ordinances
and .resolutions an conditions ot approving subdiaider''s subdivision
and proposed impi.ovcnoD ts.
' ` : • 8t 12734ru 871
7.:Alrn1Gh one good and suf f.l. Cr. e?;tt b011d 111.
%ri.t7 the provisions of Cilrtt?te 'J Of Divi -ion 2 of Ti le. 7 Cif
{:he. GJVE'::nmont Code, said bond small i-�c f.n iin amoxznL equal to t',e total
ostimat.ed cost of x,+ork and improvements not to be dedicated to City but
i.nspoctod by City personnel. Said bond shall be conditioned upon faithful
performance of this agreement.
5. Subdivider shall furnish two good and sufficient bonds in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of.
the Government Code, said bonds to be in the amounts and for the following
purposes: (a) an amount equal to the total estimated cost of the said work
and improvements to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equal to the
total estimated cost of the said work and improvements to be dedicated
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. 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 improvement which do not exceed ten percent. (10%) of
the total estimated cost set forth in Item 4 above, as maybe 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 Subdivider from
the faithful performance of this agreement.
7. Subdivider 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 hereof.
6. It is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work and
improvement to be done under this agreement, said extension may be
granted by the City Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the falidity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council. unless the same are reduce:?.
9. Subdivider agrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or any part of the said
work, and Subdivider 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.
10. Subdivider 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 Subdivider if such action is determined in favor
of the said City.
11. 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.
12. At all times from the acceptance by the City Council of the
tledicat.lons offered on the final map of said tract to fixe completion
and acceptance of the improvements described herein, Subdivider 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.
13. Subdivider shall hold City, its officers and employees harmless
from any zinc] all claims, demands, causes of action, liability or loss
of any sort becauso of., or arising out of, the acts or omissions of the
Subdivider, his contractor., subcontractors, agents or employee's .in the
performance of this agreement.
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BK.127341N 672
Executed at :+21n J:1:l r: \. i::?.: :]'i.J`i: i":J, Cc.l.l. f:irnia this 7th
!_
0,,,y of June 7.9.._78
ATTEST:
'an Juan apistrano City Clerk
APFROVED AND RECOMMENDED FOR
EXECUTION:
G'.1 P__). .K
^
City Engin �
Manage of Orange County
Waterrorks, District #4
SUBDIVIDP.'R*
BUTLER DEVELOPMENT COMPANY CO., INC.
Jay*/f�
4Signatll]r.re)
RicharH. Luaers
_Executive Vice President _
(Office Held)
CITY OF SAN JUAN CAPISTRANO
By
KENNETH E. FRIESS, MAYOR
NOTE: Improvement Bond and Material and Labor Bond must be attached
to this agreement.
* Partnerships, joint ventures, and other corporate entities should
contact the San Juan Capistrano City Attorney for acceptable forra
or execution.
Approved as to Form
• ash°, Okazaki, G' Attorney
, • ' - , . ' -
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
45 P t I P M JUN 271878
LEE A. BRANCH, County Recorder
STATE OF CALIFORNIA ) (oonMnaTWWI
ORANGE )as.
COUNTY OF____L_
ON May 31, 197 fore 11nne, tthhee undersigned a Notary Public in and for
said State, personally appeared ichard H_ Luders
known to me to be the Execu lye 1Ce rest en
of the corporation that executed the within instrument, and to be the person who
executed the within instrument on behalf of the corporation therein named, and acknowl-
edged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Signatures i
OFFICIAL SEAL
GINA 'iAY'OR
NOTARY PUBLIC - CALIFORNIA
O.PANOE COUNTY
op ikL
OFFICIAL SEAL
eEll
1981
-3-
•n
NL'7Af,, 04eUC CALIFORNIA
�T _3, 1981