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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 .n.n—. . ".. • 1"i r wn.ln.•IIIA: GA:l l""y ..11 V I I 1 111 t 1. It - I 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 - I