1987-1007_MARBELLA DEVELOPMENT CO_Reimbursement AgreementL/I'hA('1
"Citr:n r "
r., 3 , y 1, 67-565011
1'�OP U:<G r• r-p,i: v cu i; r .•r:n Rfr4hDlNG I71:1d;l: r: F.:.11%3'171;
81756,%77 trait 12954
Prior to approval by tar City Enic,neer of IN: final costs, reasonable es Ltnlates of the
work performed may be credited in Developer to be used as credits to the System
Development Pee,
2. Costs of Improvements - Costs of improvements shall be defined as the actual cost
of r:oriitruction o Rancho Viejo Road off-site of Tract 17454 as app,oved by the
City Engineer, plus fifteen percent (15%). The 15% shall cover all design, survey
and construction management of the project.
3. Pryor Construction - Shoufd this section of Rancho Viejo Road be constructed by
others prior toih•• construction activities of the developer, the developer will be
required to pay 3396 of the actual costs a' the design and construction.
to the. 33X,, the DEVELOPER In addition will be responsible for the credit estendIn d the
approval of 'the Final .%lap, for the Trabuco Creek Bridge Improvement roe
($114,196). This payment will be required within ten days following the call of the
City.
4. Alterations
A. 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 as way be determined necessary and desirable by hien 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.
5. Completion Date
A. Developer agrees to complete all of said work and improvements within a period
of 2 years from the date of this agreement. If additional time is needed, an
extension may be granted by the City Ergineer.en the thawing 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 ;hall continue in full force
uncal the work and improvement has been accepted by the City.
B. Developer agrees that City may, without any notice, and at its sole option, at
any time after the time for completion has passed, complete
Completed,, or cause to be
all or any part of the said work, and developer shall pay to said City,
upon demand, all of the costs of any 3f said work done by the City, its agents
and contractors, or any of them, to complete all or any part of said work.
Subdivider hereby consents to entry on the suhdivision property by the City and
its forces including contractors in the event the CiP• prry-nods to conipleto
and/or maintain the work. '
6. Liability/Insurance
A. In the event any action is brought to enforce or interpret the obligations of this
Instrument, the prevailing party shall be entitled to court costs ano reasonable
attorney fees.
n. City, Its officers and employees, except for their own acts shall not be liable or
respondble for any accident, loss or damage hnpponing or occurring to the
improverndnts specified in this agreement prior to the canysldtu,n ;end
heceptaneo of sato improvements by the City.
91101,17
W-5E5U77, Trnrtt7,;t,
C. Developer shall perform all work in a safe workmanlike manner and shall take
suer, precautions as :ttay he necessary to warn and protect the public from any
dangerous condition caused by. the Construction of said improvements.
D. Developnr .hall hold City, its of ficcrs andemployees harmless from any and all
claims, demands, causes of action, liability or loss of any sort because of, or
arising out oft the acts or omissions of the developer, his contractor, sub-
contractors, agents or employees in the performance of this agreement,
L. DEVL•LOPER shall mAintain liabilit; insurance in the ar:ount of $100003000
combined single limit at all times during the life of this agreement, naming the
CITY as a co-insured.
7. Guarantee and Warrant of %ork - Developer guarantees that said work shall be free
from defects to mater al or workmanship and shall perform satisfactorily for a
period of'one year from and after the City's acceptance of the work as completed in
accordance with the MunicipalCode. Developer agrees to correct, repair or replace
at his expense any defects in said work.
A. No Waiver by Cid - Inspection of the work and/or materials, or approval of work
andand or ittaterials, or statement by any officer, agent or employee of the City
indicating that the work or any part thereof complies with the requirements of this
Agreement, or acceptance of the whole or any part of the said work and/or
materials, or payments therefor, or any combination of all of these acts, shall not
relieve the Develgper of his obligation to fulfill this Agreement as prescribed; nor
shall the City be thereby stopped from bringing any action for damages arising from
failure to comply with any of the terms and conditions hereof.
9. No Assignments - Developer may not assign this Agreement to any third party
without the consent of the City to such assignment.
IN WITNESS WHEREOF, the parties have executed this agreement as of
September 1;, 1987
Date
ATTEST:
1A1� nIJfV hIn NOV'L•k2, CIT Ct'—IRK
nPPRov •Dns TO ri,rr'
9 0187
CITYSAN JUAN CAPISTRANO
A� '11Ohti L t N , ASI 1AyOR
DEVELOPER -i
aY /
•:o QlNI, TIT'•/HrI'i..Aa, f.yNr1 nn
/A GFNFAde ri,L,•r•rnh. alert. d^
- Lgve tbf yr•nt 1•,. i ery
ay Jon 1'. prowl. President
The NO rway .utx .:.mp:nq•
A tienoraI Pit rt not- Marl ,I In [leve l opment
Company
8T; 565wia
l ,
�" •4. _
CAT NO.1
TO tele CA
f 7 .92
..tlal ///��y�}}
(Partnership) gIitfl INSURANCe
ANO lAUST
STATF. UP CALIFORNIA
COUNTYOP :.range - 3 SS. "^00A0011""
On September J J r 1987 Jhcfote me, the undersigned, a Notary Public in aid for
said State, pertontiiy appeared Jon T. Brown
personally ktnrta•n to me or
proved to me en the basis of laWfaetory evidence to ti-
the person ` Who exceuted the within -nstfument as
one of the partners of the Partnership
that executed the within instrument, and acknowledged
to me that such partnership executes: the same.
WITNRSS my hand and offi,ial seal.
Signature tr•
CORPORATE ACKNOWLEDGMENT
Staleof -_Ull iJprula_ —_
SS.
County of Oa•:tnitc
C1I
CH
•1.
r/0Tnkr
(Thb Ium for ofee W notarial sea)
Onthislhn 1Sthdayof Septumner to ii 7. before me
Cheryl A. ,Inhnaon
the undersigned Notary Puhlic, persenully appeared
Anthony I.. 111:1110 and Mary Ann Ilanuver
X potentially known tonic
i proved to me on the baste nt sal lsfaclory evidence
to be. the poreon(s) who executed thn •nithin Instrument n,a ,
Al:p•n r and City (:lord al on )f l�at l of 4bn J. moretdain l;temul
named• and arknoMetigod to me Ihm IIWr<tHIM IN il111 1.1excoulp.ti H.
WITNESS my hand and ufficial roll.
C
tnay
Nury'!, s Sign rte
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V I I 1 111 t 1. It -
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sr•",*
OPPICIAL FRAC. '
t PT—'p
j.
1.'v cm+m nprra 1UY : len:
(Thb Ium for ofee W notarial sea)
Onthislhn 1Sthdayof Septumner to ii 7. before me
Cheryl A. ,Inhnaon
the undersigned Notary Puhlic, persenully appeared
Anthony I.. 111:1110 and Mary Ann Ilanuver
X potentially known tonic
i proved to me on the baste nt sal lsfaclory evidence
to be. the poreon(s) who executed thn •nithin Instrument n,a ,
Al:p•n r and City (:lord al on )f l�at l of 4bn J. moretdain l;temul
named• and arknoMetigod to me Ihm IIWr<tHIM IN il111 1.1excoulp.ti H.
WITNESS my hand and ufficial roll.
C
tnay
Nury'!, s Sign rte
.n.n—. . ".. • 1"i r wn.ln.•IIIA: GA:l l""y ..11
V I I 1 111 t 1. It -
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