1998-0901_KI/FKLA RANCHO REALTY_D11_Agenda Report ,--,-. ;L3` ,'ice - -, - - _ _ ..-
AGENDA ITEM ,
1, 1998
TO:_ George Scarborough, City Manager -
FROM: William M. Huber, Director of Engineering& Building
SUBJECT: Consideration of Resolution Approving the Assignment and Assumption of
Subdivision Improvement Agreement as Amended and Substitution of Bonds,
KI/FKLA. Rancho Realty (Kemper) and Weseloh-Family Limited'Partnership
(Weseloh), PM 85-306
RECOMMENDATION
1. Adopt the Resolution approving -the Assignment and Assumption of Improvement
Agreement for off-site improvement requirements associated with Parcel Map 85-306 and
authorize the Mayor to execute the Assignment and Assumption of Improvement
Agreement.
2. Authorize Staff to accept the Surety from Weseloh for$488,960.00 for off-site improvement
requirements.
3. Release Kemper's existing$488,960.00 bond for off-site improvement requirements.
SITUATION
A. Summary and Recommendation
The City conditioned Tentative Parcel Map 85-306 to complete, among other requirements,
certain off-site street improvements estimated in 1985 at $764,000.00. Kemper (current
name of property owner)sold a portion of the subdivided land to Toyota who was assigned
to complete a portion of such off-site improvements fronting the Toyota dealership (prior
to occupancy). Toyota substituted a portion of Kemper's bond and Kemper's bond was
reduced accordingly to $488,960.00. The City is currently in possession of bonds for such
amount from Kemper to guarantee the remaining street improvement work.
Kemper is now in the process of selling the remaining portion of its parcel to Weseloh and,
therefore, is requesting City approval to assign the remaining portion of its off-site
improvement obligation to Weseloh. An Assignment Agreement has been drafted for City
Council consideration (attachment 2). Kemper is also requesting the release of its.bond
which will be substituted by an equivalent surety from Weseloh in order to secure the
completion of improvements as conditioned.
FOR CITY COU Cn.Al Eti ... 1
,
•- f
AGENDA ITEM September 1, 1998
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Resolution Approving the Assignment and Assumption of
Subdivision Improvement Agreement as Amended and Substitution of Bonds,
KI/FKLA Rancho Realty (Kemper) and Weseloh Family Limited Partnership
(Weseloh), PM 85-306
RECOM1ViENDATION
1. Adopt the Resolution approving the Assignment and Assumption of Improvement
Agreement for off-site improvement requirements associated with Parcel Map 85-306 and
authorize the Mayor to execute the Assignment and Assumption of Improvement
Agreement.
2. Authorize Staff to accept the Surety from Weseloh for$488,960.00 for off-site improvement
requirements.
3. Release Kemper's existing $488,960.00 bond for off-site improvement requirements.
SITUATION
A. Summary and Recommendation.
The City conditioned Tentative Par tmong other requirements,
certain off-site street improveme 1,000.00. Kemper (current
name of property owner)sold a pc.._. ) Toyota who was assigned
to complete a portion of such off-site improvements rliiuib ..he Toyota dealership (prior
to occupancy). Toyota substituted a portion of Kemper's bond and Kemper's bond was
reduced accordingly to $488,960.00. The City is currently in possession of bonds for such
amount from Kemper to guarantee the remaining street improvement work.
Kemper is now in the process of selling the remaining portion of its parcel to Weseloh and,
therefore, is requesting City approval to assign the remaining portion of its off-site
improvement obligation to Weseloh. An Assignment Agreement has been drafted for City
Council consideration (attachment 2). Kemper is also requesting the release of its bond
which will be substituted by an equivalent surety from Weseloh in order to secure the
completion of improvements as conditioned.
AGENDA ITEM
Page 2
September 1, 1998
B. Background
On May 6, 1986, the City Council conditionally approved Tentative Parcel Map 85-306 by
Resolution 86-5-6-3 (attachment 3). The conditions of approval require the subdivider,
among other obligations, to construct Camino Capistrano fronting the entire parcel, to its
ultimate width.
On July 7, 1987, a Subdivision Improvement Agreement was executed between the
subdivider and the City to complete the Camino Capistrano street improvement within a
period of two years (attachment 4) and, on May 2nd, 1989, said Subdivision Improvement
Agreement was amended to extend the completion date of Camino Capistrano improvements
to July 7, 1990 (attachment 5). However, due to the down turn of the economy, the parcel
of land has remained undeveloped and consequently, the street improvements had to be
postponed. On April 6, 1996,the Subdivision Improvement Agreement was again amended
to tie in the completion date of Camino Capistrano improvements to the issuance of
Certificate of Occupancy for any proposed development within the subject parcel
(attachment 6).
Kemper, the principle partner of original subdivider Kaiser/Bedford, is now selling the
remaining portion of the property to Weseloh who wants to build two auto dealerships and
will complete, prior to the issuance of occupancy/use, the remaining portion of Camino
Capistrano street improvements fronting its property.
It is therefore, Staffs recommendation to approve the transfer of assignment request and
substitution of Kemper's bonds with Weseloh's. A draft City Council Resolution is attached
(attachment 1).
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
The Weseloh project was approved by City Council under Ordinance No: 818 on June 2, 1998.
FINANCIAL CONSIDERATIONS
None.
NOTIFICATION
Kemper Real Estate Management Company
C.B. Weseloh
Stephen B. Julian
•
AGENDA ITEM
Page 3
September 1, 1998
ALTERNATE ACTIONS
1. Adopt a Resolution approving the Assignment and Assumption of Subdivision Improvement
Agreement and bond substitution.
2. Do not accept above action.
3. Refer to Staff for additional information.
RECOMMENDATION
1. Adopt the Resolution approving the Assignment and Assumption of Improvement
Agreement for off-site improvement requirements associated with Parcel Map 85-306 and
authorize the Mayor to execute the Assignment and Assumption of Improvement
Agreement.
2. Authorize Staff to accept the Surety from Weseloh for$488,960.00 for off-site improvement
requirements.
3. Release Kemper's existing $488,960.00 bond for off-site improvement requirements.
Respectfully submitted, Prepared by:
tri ��
a� czeo/P66•- `
William M. Huber, P.E. Sam Shoucair
Director of Engineering& Building Senior Engineer
WMH/SS:ssg
Attachments: 1. Resolution
2. Assignment of Improvement and Assumption Agreement, with:
Exhibit "A" for the Legal description of property
3. Copy of Resolution 86-5-6-3 listing the conditions of approval
4. Copy of Subdivision Improvement Agreement •
5. Copy of(first) Amendment to Subdivision Improvement Agreement
6. Copy of(2nd) Amendment to Subdivision Improvement Agreement
7. Copies of Kemper's existing bonds posted with the City
8. Location map
a:\agendas\hldWeseloh.ss
RESOLUTION NO. 98-9-1-4
tr.
APPROVAL OF ASSIGNMENT AND ASSUMPTION OF SUBDIVISION
IMPROVEMENT AGREEMENT AND BOND SUBSTITUTION FOR
PARCEL MAP 85-306 fKI/FKLA RANCHO REALTY, LLC/WESELOH
FAMILY LIMITED PARTNERSHIP)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT AND
ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT AND
SURETY SUBSTITUTION FOR TENTATIVE PARCEL MAP 85-306(KI-FKLA
RANCHO REALTY, LLC/WESELOH FAMILY LIMITED PARTNERSHIP)
WHEREAS, on July 7, 1986, the City of San Juan Capistrano entered into a
Subdivision Improvement Agreement with the applicant,previously known as Kaiser Development
Company then Bedford Development Company and now KI/FKLA Rancho Realty,LLC (Kemper)
for the construction of certain public and private improvements within a two year period associated
with Parcel Map 85-306; and,
WHEREAS, on May 2, 1989, said Subdivision Improvement Agreement was
amended to extend the completion date of said improvements to July 7, 1990; and,
WHEREAS, due to down turn of the economy, the subject property has remained
undeveloped and all related improvements had to be postponed. On April 16, 1996,said Subdivision
Improvement Agreement was amended again to tie in the completion date of all required
improvements to the issuance of Certificate of Occupancy for any proposed developments within
the subject parcel; and,
WHEREAS, Kemper is selling a portion of the parcel to Weseloh Family Limited
Partnership (Weseloh) for the development to two motor vehicle dealerships and has requested to
assign its obligations of the above mentioned Subdivision Improvement Agreement to Weseloh;and,
WHEREAS,the City of San Juan Capistrano approved Weseloh's development of
two motor vehicle dealerships on April 16, 1996, pursuant to Ordinance 818; and, ,
WHEREAS,the City of San Juan Capistrano is in possession of sufficient sureties
from Kemper for the construction of certain required improvements in an amount of$488,960.00;
and,
WHEREAS,Weseloh has submitted surety bonds to the City of San Juan Capistrano
to cover for its assigned improvements in the amount of$488,960.00, as substitution to Kemper's
posted sureties; and,
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WHEREAS, the City Engineer recommends the release of Kemper's sureties of
$488,960.00 and acceptance of Weseloh's surety bonds of $488,960.00 as a substitution for its
assigned obligations; and,
WHEREAS,the City of San Juan Capistrano has no objection to the assignment and
sureties substitution associated with Tentative Parcel Map 85-306.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of San
Juan Capistrano does hereby as follows:
SECTION 1. The transfer of assignment of Subdivision Improvement Agreement
from Kemper to Weseloh is approved.
SECTION 2. The full release of Kemper's surety bonds in the amount of
$488,960.00 and substitution with Weseloh surety bonds in the amount of$488,960.00 are approved
and accepted.
SECTION 3. The two (2) sections indicated above shall not be effective until the
transfer of property from Kemper to Weseloh is competed and recorded.
PASSED, APPROVED, AND ADOPTED this 1st day of
September , 1998.
GIL JONES, MAYOR
ATTEST:
CIT CLERK,'"RIS
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1
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.
98-9-1-4 adopted by the City Council of the City of San Juan Capistrano,California,
at a regular meeting thereof held on the 1st day of September , 1998, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSO , CITY CLERK
-3-
TENTATIVE PARCEL MAPL ?306
' `,ROSAN/RAISER DEVELOPMENT cel PANY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 85-306 (ROSAN/KAISER
DEVELOPMENT COMPANY)
WHEREAS, the applicant; Kaiser Development Company,
2121 Palomar Airport Road , Suite 201 , Carlsbad, California, has
submitted Tentative Parcel Map 85-306 , proposing to subdivide
approximately 17 . 32 acres of land into 5 commercial lots , located
on Assessor' s Parcels Nos. 121-240-19, 121-240-24 , and
121-240-25 ; and,
WHEREAS, the City' s Environmental Review Board has
determined that the proposed project will have a significant
effect on the environment, has required the preparation of an
Environmental Impact Report, which report has been certified as
final by the City Council, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the
proposal to the City Council recommending approval; and,
WHEREAS, a public hearing has been duly advertised and
held to review and receive public testimony on the application;
and,
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1 . The proposed project, as conditioned, and its
design and improvements are consistent with the
4. 1 (Quasi-Industrial) designation on the General
Plan Map and are otherwise consistent with all
other Elements of the General Plan.
2. The proposed project, as conditioned, conforms to
all applicable requirements of Title 9 of the
City' s Municipal Code (Land Use) and is consistent
with the approved Comprehensive Development Plan.
3. The project site is physically suitable for the
type and density of the proposed development.
4 . The design and improvements of the proposed
project will not cause substantial environmental
damage; nor will said design or improvements
avoidably injure wildlife or their habitat.
5 . The design or improvements of the proposed project
• will not cause serious public health problems.
-1- ATTACHMENT 3
0„40. 6. _ , a- design or improvement . the proposed project
=i1 not conflict with ea. _,ants acquired by the
,,ublic at large for access through or use of
property within the proposed project.
7. The design or improvements of the proposed project
will not interfere with the maintenance or
preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Parcel Map 85-306 , subject to the following conditions:
1 . CC&Rs: A set of conditions, covenants and
restrictions (CC&Rs) shall be prepared and
implemented for the project. The CC&Rs shall
include at a minimum:
(a) Provisions on the use and maintenance by the
owners' association of parking areas, private
drives, landscaping, other common areas, and
slopes.
(b) The prohibition of radio or television
antennas projecting above any roof eaves
(pursuant to Section 9-3.609 of the Municipal
Code) .
The CC&Rs shall be approved by the City Engineer
and Director of Community Planning and Development
prior to approval of a final map.
2. Grading Plan: A preliminary grading plan for the
project shall be approved by the Planning
Commission prior to approval of a final map.
3 . Architecture: Architectural elevations shall be
approved by the Planning Commission prior to
issuance of a building permit.
4. Landscape and Wall Plans: Landscape, street tree,
and fence/wall plans shall be prepared and
implemented for the entire project. Preliminary
landscaping, street tree, and fence/wall plans
shall be approved by the Planning Commission prior
to issuance of building permit. Following such
plan approval, final working drawings shall be
approved by the Director of Community Planning and
Development.
5 . Landscaping Installation: Landscaping shall be
installed as follows:
(a) Erosion-control landscaping for all
manufactured slopes shall be installed
immediately after the certification of rough
grading by the City.
-2-
czee9 dna all er non-erosion-
control landscaping <' 11 be installed in
' accordance with a la _cape phasing plan
approved by the Director of Community
Planning and Development. No final building
inspection shall be conducted until all
landscaping has been installed and approved
by the Department of Community Planning and
Development.
6. Landscape Maintenance and Maintenance Easements :
The developer shall be responsible or adequately
installing and maintaining all landscaping until
such maintenance may be assumed by the property
owners' association. The developer shall enter
into a license agreement with the City for
maintenance of landscaping within public
rights-of-way and medians adjacent to the project.
7. Vehicular Access Rights: Vehicular access rights
to all primary, secondary, and commuter highways
shall be released and relinquished to the City
except at street intersections.
8 . Public Streets: Camino Capistrano shall be
designed, constructed, and dedicated in accordance
with Section 9-4. 103 of the Municipal Code.
• 9. Traffic Signal: Developer shall design and
install a traffic signal at the intersection of
Camino Capistrano and Avenida Aeropuerto in
accordance with Article 9-4. 1 of the Municipal
Code and adopted City policy upon issuance of
first building permit.
10. Geotechnical Study: A geotechnical feasibility
study shall be completed to determine the seismic
safety and soils stability of all proposed grading
and development within the project. The report
shall be reviewed and approved by the Building
Official prior to approval of any building
permits.
11. Fees: All required fees shall be paid prior to
approval of a final map.
• 12. Stonehill Drive: Developer shall dedicate
right-of-way for the Stonehill extension off-ramp
of the Interstate 5 Freeway as determined by the
California Department of Transportation, County of
Orange, and the City Engineer.
-3-
■ 13. _ .erim Road Improvements t. . :amino Capistrano :
�+ "developer shall provid. iterim road
`
r provements to Camino Cap_ rano until the
Stonehill extension off-ramp has been completed ,
at which time the developer shall be required to
install permanent improvements. Level of interim
improvements to be determined by City Engineer.
14 . Pro-rata Share of Improvements: The developer
sha be required to contribute a pro-rata share
for permanent improvements to Camino Capistrano as
determined by the City Engineer.
PASSED, APPROVED AND ADOPTED this 6th day of
May , 1986 .
KENNETH E. FRIESS, MAYOR
ATTEST:
7/71
CITY CLE: '
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 86-5-6-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of
May , 1986 , by the following vote:
AYES: Councilmen Bland, Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
(SEAL) / dif
MARY ANN . 0 - , CITY CLERK
-4-
'l' J%.)I �V V
,_ 4ECOA0E0 IN OFF°CA4 RECCPCS 1
OF ORANGE COUNTY CALIFORNIA
C 0
D .345 PM JUL 13 '87
RECORDING REQUESTED BY AND EXEMPT RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO : C14 GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano , CA 92675
ARY AN • ANOVER, City Clerk
San Juaif Capistrano , CA
PROJECT : Final Parcel Map No . 85 - 306
si Rogan Ranch
OA if:
t" a SUBDIVISION_ IMPROVEMENT AGREEMENT
i1 am.
aA. U-)
HIS AGREEMENT, made pursuant to the provisions of Division
2 Sif Title 7 of the Government Code of the State of California, by
ai between the CITY OF SAN JUAN CAPISTRANO, a Municipal
Corporation, hereinafter called the "CITY" and KAISER DEVELOPMENT
COMPANY, a California Corporation, c/o Bedford Properties , Inc . ,
2011 Palomar Airport Road, _ Carlsbad, California 92008 , hereinafter
called the "DEVELOPER" .
WITNESSETH :
WHEREAS , the CITY has conditionally approved Tentative
Parcel Map 85 - 306 pursuant to Resolution No . 86- 5-6 -3 ;
WHEREAS , DEVELOPER desires to postpone the completion of the
public and/or private improvements for two (2) years from the date
of CITY' s approval of the Final Parcel Map No. 85-306 ; and
WHEREAS , in consideration of the CITY' s approval of the
request for postponement , DEVELOPER has agreed to provide such
security/surety as may be required by CITY to guarantee that all
work and improvements for Final Parcel Map No . 85-306 will be
completed 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 completion of
improvements for Final Parcel Map No . 85- 306 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 and
public service easements ; construction of concrete curbs , gutters ,
ATTACHMENT 4
01 �Ji qui
416 /
PROJECT : Final Parcel Map No . 85 - 306
Rosan Ranch
Otte
cross gutters and sidewalks ; installation of storm drainage and
sanitary sewerage facilities ; installation of underground conduit
and street lighting system; installation of traffic signal at
Avenida Aeropuerto/Camino Capistrano ; installation of all street
signs ; the supplying and planting of all parkway landscaping and
i irrigation; the installation of all appurtenances ; the furnishing of
all engineering costs and services to do and complete said work and
improvements ; and to do and complete all other acts and obligations
required by the CITY as conditions of - the approval for Tentative
Parcel Map No . 85 - 306 (Resolution No . 86- 5- 6 - 3) .
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 for
Tentative Parcel Map No . 85- 306 and the improvements therefor .
4 . DEVELOPER shall , prior to the City Council approval of
Final Parcel MapNo . 85306
- , 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
the work and improvements to be dedicated to the CITY;' (c) a labor
and materials surety, equal to the total estimated cost, of the 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) with the said security. DEVELOPER guarantees performance under
this Agreement and maintenance of the work and improvements for one
(1) year after its completion and acceptance against any defective
workmanship, materials , or any unsatisfactory performance .
5 . DEVELOPER guarantees that work and improvements shall
be free from defects in material or workmanship and shall perform
satisfactorily for a period of one (1) year from the CITY' s
acceptance of the work and improvements as completed in accordance
with the Municipal Code . DEVELOPER agrees to correct , repair or
replace at his sole cost and expense any defects in said work and
improvements .
6 . Inspection of the work and improvements and/or
materials , or approval of work and improvements and/or materials , or
ROSAN . AGR 2
PROJECT : FRosen anchinal PRarcel Map No . 85 - 306
' statement by any officer , agent or employee of the CITY
that the work and improvements or any part thereof indicating
s requirements of this Agreement , or acceptance of thePlies with the
whole or any
part of the said work and improvements and/or materials , or payments
therefor , or any combination of all or these acts , shall not relieve
the DEVELOPER of his obligation to fulfill this Agreement as
prescribed; nor shall the CITY be thereby estopped from bringing aay
action for damages arising from failure to comply with any of the
terms and conditions hereof.
7 . DEVELOPER hereby consents. to entry on the subdivision
property by the CITY and its forces including contractors in the
event the CITY proceeds to complete and/or maintain the work and
improvements .
8 . The City Engineer for the CITY may make such changes ,
• alterations or additions to the plans and specifications for said
work and improvements which do not exceed ten percent (10X) of the
total estimated cost set forth in paragraph 4 above , as may be
determined necessary and desirable by the City Engineer forthe
proper completion of said work and improvements 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
improvements and to pay all costs specified herein within a period
of two (2) years .from the date of this Agreement . DEVELOPER may be
granted an extension of time due to delay in completion of the work
and improvements beyond the time named in this Agreement for
completion of said work and. improvements caused by acts of God or by
the public enemy, fire or flood not caused or preventable by
DEVELOPER , epidemics , quarantine restrictions , strikes , labor
disputes , shortage of materials and freight embargoes , provided that
the DEVELOPER shall notify the City Engineer of the causes of the
delay within ten (10) calendar days from the beginning of any such
delay. The City Engineer shall ascertain the facts and the extent
_of the delay and his findings thereon shall be final and conclusive .
Any such extension of time due to delay 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 improvements have been accepted by the CITY.
10 . DEVELOPER agrees that CITY may , upon thirty ( 30)
calendar days written notice to DEVELOPER, 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
improvements , and DEVELOPER shall pay to said CITY, upon demand , all
ROSAN . AGR 3
Oi i; )0 ;.
PROJECT : Final Parcel Map No . 85 . 306
R°sen Ranch
o
i
of the cost of any of said work done by the CITY
contractors , or any of them, to complete all or any tpartentssaid
work and improvements .
11 . DEVELOPER agrees to pay CITY such sum as
adjudge as reasonable for the legal services of the Court may
representing the CITY in any action brought to enforce any attorney
the obligations of this Agreement , and such sum shall be interpret
of any judgment in such action against the DEVELOPER made part
is determined in favor of the CITY. if such action
12 . CITY, its officers and employees , except fortheir 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(s) , sub-
contractor( s) , agent(s) or employee (s) in the performance of this
Agreement .
15 . DEVELOPER shall maintain liability insurance in the
amount of $1 , 000 , 000 combined single limit during the course of any
construction related to this Agreement, naming the CITY as a co-
insured.
16 . DEVELOPER may assign this Agreement to a third party
provided that prior written approval by the CITY is granted. Said
CITY approval shall not be unreasonably withheld. In the event of
an assignment. all terms and conditions of this Agreement shall be
binding upon all assignees or successors in interest .
ROSAN . AGR 4
10
PROJECT : Final Parcel Map No . 85 - 306
Rosan Ranch
IN WITNESS WHEREOF , the parties have executed this Agreement
this day 7 of Ju1Y 1987 .
ATTEST : CITY OF SAN JUAN CAPISTRANO
B : � By.::
MARY ANNVER,
City Clerk ANTHONY L LAND, Mayo::
"CITY"
APPROVED AS TO FORM:
By: tt/
JOH . SHAW, City Attorney
KAISER DEVELOPMENT COMPANY,
\„/ a California Corporation
CB_)-ef-"Ad'
RANK W. RICE, JR.
Vice President
"DEVELOPER"
ROSAN .AGR 5
s-- -44 Romeo IN CFPCIAL FaCCOS
OF ORANGE COUNTY,CAUFORNIA
o • 89-231888
4110 4:00
O pm MAY 41989
EXEMPT
C 4 acv er
'W RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
City Clerk's Department +� - -
32400 Paseo Adelanto Mary ,,' anov r, City Clerk
San Juan Capistrano. CA 92675 City •' San Juan Capistrano, CA
•
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
(Parcel Map 85-306)
Rosan Ranch. San Juan Capistrano, California
This amendatory agreement is made this 2nd day of May . 1989, by
and between the City of San Juan Capistrano (hereinafter referred to as "CITY"). and
Bedford Development Company, a California Corporation, formerly known as Kaiser
Development Company, a California Corporation (hereinafter referred to as
"DEVELOPER"), located at 3002 Dow Avenue, #502, Tustin, California 92680.
WHEREAS. CITY and DEVELOPER entered into a Subdivision Improvement
Agreement dated July 7, 1987, pursuant to CITY's approval of Parcel Map 75-306; and
WHEREAS, said improvement agreement provides for installation of public
improvements by DEVELOPER within a period of two years; and
WHEREAS, the Rights and Obligations under the July 7, 1987 Agreement were
assigned to Bedford Development Company; and
WHEREAS. DEVELOPER desires an additional one-year period within which to
complete the public improvements.
NOW. THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER that
Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as
follows:
"9. DEVELOPER agrees to complete all of said work and improvement
and to pay all costs specified herein by July 7. 1990. DEVELOPER may be
granted an extension of time due to delay in completion of the work and
improvements beyond the time named in this agreement for completion of
said work and improvements caused by acts of God or by the public
enemy, fire or flood not caused or preventable by DEVELOPER,
epidemics. quarantine restrictions. strikes. labor disputes. shortage of
materials and freight embargoes. provided that the DEVELOPER shall
notify the City Engineer of cause of the delay within ten (10) calendar
days from the beginning of any such delay. The City Engineer shall
ascertain the facts and the extent of the delay and his findings thereon
shall be final and conclusive. Any such extension of time due to delay
•
ATTACHMENT 5
. • . �,,,,.,�•,. .� �u.:u improvement agreementID
89=23188
- , "dreel flap 83-306
Page Two
0# 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 improvements have been accepted by the
CITY."
ATTEST: CITY OF SAN JUAN CAPISTRANO
1
0
/�1yc1
4BY
r"
k ; GARY L- HAUSDORFER. M OR
STATE OF CALIFORNIA)
) ss.
County of Orange )
On this nd__ day of A/0 y . 1919 , before me.
} /7 hiSrLy L. 4 L I DHti-5 ti' , the undersigned Notary
Public. personally appeared GARY L. HAUSDORFER. personally known to me to be the
person who executed the within instrument as Mayor of the City of San Juan Capistrano
and acknowledged to me that the corporation executed it.
Witness my hand and official seal.
i
�-- OFFICIAL SEAL
�'r �
' • /� ' CHERYL A JOHNSON
--et,.?i,
(2NOTAR/ PUBLIC -CALIFORNIA .4t ' a
- • , ,....,...„.___
.Flek ORANGE COUNTY
-• Ary comm apira NGY Ii, i989 Notary's S :nature
Approved as to Form BEDFORD DEVELOPMENT COMPANY, a
California Corporation
1
iiii .\ r
Cit Attorney By `"bL 1/4--,:1 1_ .,_, l
e* Mohan Vachani. Vice President
-
•
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
III II IPI 11llll111111IIII111I1111IIIIIIIIIIIII 19.00
19960264701 2:02pm @5/28/96
005 8005621 08 28
RECORDED AT THE REQUEST OF A17 5 7.00 12.00 0.00 0.00 0.00 0.00
AND RETURN TO:
City of San Juan Capistrano
City Clerk's Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
(Parcel Map 85-306)
Rosan Ranch, San Juan Capistrano, California
This amendatory agreement is made this 16th day of April, 1996, by and between the City of
San Juan Capistrano(hereinafter referred to as"CITY"), KI/FKLA Rancho Realty, LLC, a Delaware
limited liability company successor in interest to Bedford Development Company, a California
Corporation, formerly known as Kaiser Development Company, a California Corporation(hereinafter
referred to as "DEVELOPER") do Kemper Real Estate Management Company, 3697 Mt. Diablo
Blvd., Ste 100, LaFayette, CA 94549; and, Toyota Motor Sales, USA, Inc., a California Corporation
(hereinafter referred to as Toyota), located at 19001 South Western Avenue, Torrance, CA 90509.
Doc #87-397561, recorded 7/13/1987
WHEREAS, CITY and DEVELOPER entered into a Subdivision Improvement Agreement//
dated July 7, 1987,pursuant to CITY's approval of Parcel Map 85-306; and,
WHEREAS,said improvement agreement provides for construction of public improvements
by DEVELOPER within a period of two years; and,
WHEREAS,an amendment to said agreement extending the completion of said public work
improvements until July 7, 1990, was approved by the City of San Juan Capistrano on May 2nd,
1989; and,
WHEREAS, Toyota has purchased a portion of said parcel covered by said Subdivision
Improvement Agreement; and,
WHEREAS,each of DEVELOPER and Toyota desires to complete said public improvement
prior to occupancy of its portion of the property covered by the Subdivision Improvement Agreement
NOW,THEREFORE, BE IT RESOLVED,between CITY and DEVELOPER and Toyota
that Paragraph 9 of said Subdivision Improvement Agreement beihereby amended to read as follows:
"9. Each of DEVELOPER and Toyota agrees to complete all of said work and
improvement and to pay all costs specified herein for its portion of the property
covered by the Subdivision Improvement Agreement prior to occupancy of its
ATTACHMENT 6
• •
.-a
i
portion. DEVELOPER or Toyota may be granted an extension of time due to delay
in completion of the work and improvements beyond the time named in this
agreement for completion of said work and improvements caused by acts of God or
by the public enemy, fire or flood not caused or preventable by DEVELOPER or
Toyota, epidemics, quarantine restrictions, strikes, labor disputes, shortage of
materials and freight embargoes, provided that the DEVELOPER or Toyota shall
notify the City Engineer of cause of the delay within ten(10) calendar days from the
beginning of any such delay. The City Engineer shall ascertain the facts and the extent
of the delay and his findings thereon shall be final and conclusive. Any such extension
of time due to delay shall, however, be subject to all the terms and conditions of this
agreement, and any surety or other security shall continue in full force and effect until
the work and improvements have been accepted by the CITY."
ATTEST: CITY OF SAN JUAN CAPISTRANO
City Clerk WYA4 HART, MAYOR
Approved as to Form opl
KI/FKLA RANCHO REALTY, L.L.0
a Delaware limited liability company
deitti id2tiA
By: Kemper Real Estate Management
City Attorney ? Company, its attorney in fact
By:
l
DenAis 1,.4int.421c-
rmlipielsVice President
TOYOTA MOTOR SALES, U.S.A., INC.
a California Corporation
By: tea.
Robert Pitts, Group Vice President
Finance and Administration
F NO. 100869980-95-100
LtCCe-C .
STATUTORY PLPFORMANC�'* BOND CDWyi eti
� L1//6/96 fo
ikli88j g6e
KNOW ALL MEN BY THESE PRESENTS, thatK_I/FICLA Rancho Realty, LLC
a Delaware Limited Liability Company as Principal, hereinaf ter called
CONTRACTOR, and The Aetna Casualty and Surety Company
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan
Capistrano, as obligee, hereinafter called CITY, in the amount of*Seven Hundred Sixty
Four Thousand and 00/100 Dollars ($ 764,000.00 )
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful performance bond
pursuant to the statutory requirements of the San Juan Capistrano Municipal Code TO
guarantee certain work, more particularly described as follows: Camilo Capistrano —
Street Improvements as required by a Subdivision.Improvement Agreement recorded
with the Orange County (Calif.) Recorder's Office as Document No. 87-397561.
•
-
NOW, THEREFORE, the condition of this obligation is such that, if Principal
shall promptly and faithfully perform said statutory obligation, then this obligation shall
be null and void; otherwise it shall remain in full force and effect. Surety waives
whatever legal right it may have to require that a demand be made first against the
Principal in.the event of default.
BE IT FURTHER RESOLVED, that:
i. As a part of the obligation secured hereby, and in addition to the lace
amount specified, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as cosh and included in any judgment rendered.
ATTACHMENT 7
2. Said Surety, for value received, hereby stipulates Grid agrees that no
change, extension of time, alteration, or modification of statutory obligation, or of the
work to be performed thereunder, shall In any way affect its vbllgatiuns or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, Or
modification, or of the work to be performed thereunder.
Executed this 21st _ day of December
19 95 , at 'Chicago, Illinois , California.
A ler Ad a p!
AFPROVE.D AS To FORM; (NOTARIZATION AND SEAL)
, ,
City ' ttorney The Aetna Casualty and Surety Company
Cj .-4.____ t - .. . .., •
Theresan E. Rowedder, Attorney-in-Fact
(NOTARIZATION AND SEAL)
Page 2 - STATUTORY PERFORMANCE BOND
. :^ ) NO. 100869980-95-100
LABOR AND MATERIALS BOND /fLeutekaliciath)
I//h Leu n' '
& / ed
1/6/96 'ea
KNOWALBYT /
i. MEN NESE PRESENTS: That �8�� X60
WHEREAS, the City of San Juan Capistrano, a municipal Corporation of
Orange County, California, has awarded to KI/FK A Rancho Realty, LLC a Delaware
Limited Liability Company , License No.
hereinaf ter designated as "Principal", a contract for _Camino Capistrano Street_ -
Improvements as required by a Subdivision Improvement Agreement recorded with
the Orange County (Calif.) Recorder's Office as Document No. 87-397561.
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub-contractors, shall fail
to pay for any materials, provisions, provender or other supplies or teams used in, upon,
for or about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, the Surety or this bond will pay the same.
•
NOW, THEREFORE, we KI/FKLA Rancho Realty, LLC a Delaware Limited
Liabiliyi� ny The Aetna Casualty and Surety Company
as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal
corporation, in the penal sum of Seven Hundred Sixty Four Thousand and 00/100
DOLLARS ($ 764/000.00 ), lawful money of the United States of America, for
payment of which sum well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or
its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to
pay for any materials, provisions, provender, or teams, or other supplies or equipment used
in, upon, for or about the performance of the work contracted to be done, or for any work
or labor done thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor as required by the provisions of Title I, Division 5,
Chapter 3 of the Government Code of California as amended, that the Surety will pay for
the same in an amount not exceeding the sum specified in this bond and also in case suit is
brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond
shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under said act, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or modification of the contract documents or
of the work to be performed thereunder snail In any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder.
As a part of the obligation secured .heresy, and in addition to the face
amount specified therefor, there shall be included costs and reasonable expenses and fees,
includin6 reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF three (3) identical counterparts cf this instrument,
each of which shall for ail purposes be deemed an original thereof, have been duly
executed by the Principal and Suety herein named on the 21st. __. day of
December , 19 95 . The name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its
undersigned representatives pursuant to authority of its governing body.
PRINCIP- j
-401"W,
By ,e/(74" .11
Th: Aetna Casualty and Surety Company
URETY
Theresan E. Rowedder, Attorney-in-Fact
APPROVED AS TO FOR •
.111 f
. . A. . ...
CITY ATTORNEY
Page 2 - Labor c&t Materials Bond -
• SAN JUAN
CREEK ROAD
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.
..5►'- VALLE
ROAD
f AVENIDA ,y
-.PUERTOr
c
Cry?,
4 \or
'Aps p
Ct` CO p• q 0
PROJECT SITE ••
STONEHILL
DRIVE
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or
LAS RAMBLAS
C):
DOHENY --PARK )110,
ROAD
s-�
CAIAINO
CAPISTRANO
PACIFIC COAST
HIGHWAY
•
PROJECT LOCATION
ATTACHMENT 8