1985-0604_CAPISTRANO ASSOCIATES_Development Agreement (2)RECORDING REQUEST- BY AND
WHEN RECORDED RE# TO: EXEM
City of San Juan Capistran C %,
32400 Paseo Adelanto
RECORDING FEES EXEMPT DUE TO
¢OVERNMENTAWDE SECTION 6103
San Juan Capistrano, CA 92675 MARY ANNER, CITY CLERK
CITY CLERK'S DEPARTMENT CITY OF N JUAN CAPISTRANO
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made by and between the City of San Juan
Capistrano, a municipal corporation, hereinafter referred to as
"City" and Capistrano Associates, a California Partnership,
hereinafter referred to as "Developer".
WITNESSETH:
N
IV
to
04
05
Q7
QD
WHEREAS, City will issue grading Permit No. 0341G to
Developer to construct certain designated improvements, more
particularly described in Exhibit "A" attached and incorporated
herein by reference, which said improvements constitute an
industrial center at the location of 32911 Calle Perfecto, near
Avenida Aeropuerto, and
WHEREAS, San Juan Capistrano Municipal Code 8-5.10(a)
requires the posting of financial security to secure the
faithful performance and labor and materials for the
installation of improvements connected with the issuance of
grading permits.
NOW, THEREFORE, in consideration of the premises and
promises hereinafter contained City and Developer agree as Follows:
1. Developer's Improvements Obligations. Developer shall,
at its sole cost and expense, provide and furnish all labor,
materials and equipment for the installation of improvements
set forth in Exhibit "A". The grading permit and Engineering
and Grading plans which further define the improvements in Exhibit
"A" are on file in the office of the City's Building Official,
and are incorporated herein by reference.
2. Developer's Security. Developer shall provide to City
bonds by a duly authorized corporate surety, subject to the
approval of City's City Attorney, to secure Developer's improve-
ment obligations required under this agreement.
The amount of the bonds shall be $120,000.00 (Item 1), and
$215,000.00 (Item 2). The bonds shall provide that the Surety
shall pay attorney's fees incurred by City in enforcing the
development agreement and Surety Bond. The total amount of the
bonds covered by this agreement shall be $335,000.00.
3. Timeframe for Completion of Improvements.
Improvements described as Items 1 and 2 in Exhibit A shall
be completed as follows:
Item 1: 6 months after issuance of grading permit.
Item 2: 12 months after issuance of grading permit. j -
Page 1 of 3
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange
OFFICIAL SEAL
MARY A CARLSON
NOTARY PUBLIC - CALIFORNIA
ORANGE WIRM
My CMM 04rea JAN 5, 1988
85�227ss8
On this the 5thday of
Mary A. Carlson
the undersigned Notary Public, personally appeared
Phillip R. Schwartze
NO. 202
19 85 , before me,
[R personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(E) who executed the within instrument as a1
Mayor or on behalf of th�i Muni 4terein
manic} a4
named, and acknowledged to me that theAorporatl executed it.
WITNESS my hand and official seal.
0
4. Developer Default. In the event
complete the required improvements within
abandons the project site, or does no work
60 days during the term of this agreement,
right to immediately declare a default and
surety for performance.
85--227659
Developer does not
the time required, or
for a period exceeding
City shall have the
to make demand on the
5. Attorney's Fees. 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 agreement, 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 said City.
6. Developer's Work in Safe Condition. 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.
7. Liability. 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.
In Witness Whereof, the parties have executed this agreement
as of June 4, 1985 at San Juan Capistrano, California.
Capistrano Associates, Developer
By: LA Z, NSC f SIU
rraadmorc h. miller
Title: General Partner
City of San Juan Capistrano, City
By:
Tit
By:
Titl eneral Partner Tit
APPROVED AS TO FORM:
c;4k,11 —
JOH S AW, CITY ATTORNEY
ATTEST:
Mary An Ha ver, City Clerk
By Cheryl Johnson, Deputy City Clerk
Page 2 of 3
CORPORATE ACKNIOWLEDGME.-NT
State Of CAI ifn nia
j ss.
County of Orange
7FJOTAAL
SEAL
LSON
m LIFORNIA
rNTYJAN 5, 1988
NO. 2022
On this the 5thday of June 1g 85 before me,
Mary A. Carlson
the undersigned NotaryPublic, personally appeared
Cheryl Johnson
p personally known to me
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as �p 1
Deputy City Clerk or on behalf,of thorporanon therein
munici
named, and acknowledged to me that thercorporatfbn executed it.
WITNESS my hand and official seal.
Notaryti g Sirature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Boz 4625 • Woodland Hills, CA
State of _ �i o!<'' ni On this the _77 �Jday of 191—r, before me,
SS. I
County ofr'2 L rV/ ,
the undersigned Notary Public, personally appeared
OFFICIAL SEAL personally known to me
JO C CANNAN ❑ proved to me on the basis of satisfactory evidence
W. la NOTARY nUBLIC -CALIFORNIA to be the person(s) who executed the within instrument on behalf of the
part
ORANGE CAUNTY
My comm. expires JUL 4, 1987 WITn'.errs�shi��p, and acknowledged to me that the partnership executed it.
WIT,NeSS ryy hand agd-official L ' .
re
PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd.• Woodland Hills, CA 91364
CORPORATE ACKNOWLEDGMENT NO. zox
Stateof California
SS.
County of orange I
OFFLCiAL SEAL
MARY A CARLSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires JAN 5, 1988
On this the 20thday of June 19-S-5, before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
N. S. Cochran
lK personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Building Official or on behalf of thqfW3'O�f'i therein
mun> c(1 a
named, and acknowledged tome that the corpora I n executed it.
WITNESS my hand and official seal.
4525
0
a
85--227658
EXHIBIT "A"
(CAPISTRANO ASSOCIATES IMPROVEMENTS)
ITEM 1: Construction of all on-site Grading (cut and fill)
operations in accordance with, and to comply with
requirements.of Developer's "Precise Grading Plan"
and "Rough Grading Plan" Tract 10564, Lots 2-16,
Sheets 1 through 4 dated January 1985 and
supporting documents (Geotechnical investigation
report, Structural analysis, etc.).
ITEM 2: Construction of all on-site improvements in accordance
with Developer's "Precise Grading Plan" and "Rough
Grading Plan"; Tract 10564, Lots 2-16, Sheets 1
through 4 dated January 1985; including but not
limited to: street improvements, storm drains,
and area drainage system.
Page 3 of 3
utD IN
OFF ORAORAOFFICIAL RECOR�
NGE COUNTY CALIFORNIA.
-12 50 PM JUN 21 '85
COUNTY
RECORDER
0 0
6. APPROVAL OF ON-SITE DEVELOPMENT AGREEMENT. TRACT 10564
As set forth in the Report dated June 4, 1985, from the
Director of Community Planning and Development, the
Development Agreement between the City and Capistrano
Associates, which defines the amount of the required grading
bond, sets time limits for work completion, and specifies
the conditions and obligations of both parties in the event
the work is not satisfactorily completed, was approved. The
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
40*
rA
L
AGENDA ITEM
TO: Stephen B
Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
0
June 4, 1985
SUBJECT: Execution of Development Agreement for Grading
and On -Site Improvements (Capistrano Associates)
SITUATION
The San Juan Capistrano Municipal Code requires that a grading
bond be posted as a condition for issuance of a grading permit.
Because of the size, value and complexity of the Capistrano
Associates development being undertaken, a Development Agreement
between the City and Capistrano Associates was also prepared
which defines the amount of the required grading bond, sets time
limits for work completion, and specifies the conditions and
obligations of both parties in event the work is not satisfactorily
prosecuted and/or completed in accordance with the agreement.
This Development Agreement was approved by the City Attorney
and has been executed by authorized officers of Capistrano Associ-
ates. It is submitted herewith for acceptance by the City
Council and for execution by the Mayor.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
None.
ALTERNATE ACTIONS
1. Accept the attached Development Agreement and direct that
it be executed and recorded.
2. Accept the attached Development Agreement with modifications.
3. Request further information.
,NCGL ,AGENIDA .�.�
m•
0
Agenda Item -2- June 4, 1985
RECOMMENDATION
Accept the attached Development Agreement, authorize that it be
executed by the Mayor and direct that it be recorded by the
City Clerk.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
✓PYA
TGM:NSC:tab
Attachment
BOND NO: 133561
PREMIUM: $3,350.00
EXECUTED IN TRIPLICATE PERFORMANCE BOND
GRADING BOND
KNOW ALL MEN BY THESE PRESENTS:
That CAPISTRANO ASSOCIATES, a General Partnership
as Principal, hereinafter called DEVELOPER, and INSURANCE COMPANY OF THE
WEST , 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 THREE HUNDRED THIRTY-FIVE THOUSAND AND NO/100---
($335,000.00) ------- Dollars for payment whereof Developer and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns,
jointly and severally, fairly by these presents.
WHEREAS, Developer has by written agreement dated May 7, 1985 ,
entered into a (describe agreement) DEVELOPMENT AGREEMENT
GRADING IMPROVEMENTS AT 32911 CALLE PERFECTO, NEAR AVENIDA AEROPUERTO
GRADING PERMIT NO. 0341G
which contract is by reference made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that, if
Developer shall promptly and faithfully perform said agreement, 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:
1. As a part of the obligation secured hereby, and in addition
to the face amount specified therefore, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred
by City and successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
2. 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, shall in any way affect
•
aNO: 133561
its obligations or this bond, and it does not hereby waive notice of any
such change, extension of time, alterations, or modifications of the contract
documents or of work to be performed thereunder.
Executed this 15th day of May 19 e5 at
Costa Mesa , California.
PRINCIPAL
CAPISTRANO ASSOCIATES,
a General Partnership
n
(NOTARIZATION)
SURETY
INSURANCE COMPANY OF THE WEST
By.- ''
Mary A. en ttor ne -in-Fact
(NOTARIZATION AND SEAL)
ACKNOWLEDGMENT BY CORPORATE SURETY
State of California
County of Orange
OFFICIAL SEAL
JUDITH K. CUNNINGHAM
W �m NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY COMMISSION EXPIRES SEP. 30, 1988
On Msy 15, 1905 , before me, the undersigned,
? ss. .a Notary Public of said county and state, personally appeared
Nosy A JQAAV ,
personally known to me to be the Attorney -in -Fact of
rHanokwu MUPAM At TtM k=T
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
7
/� NOTA UBLI
GENERAL ACKNOWLEDGMENT
State of Cal ; forn; a On this the _20_ day of May 19$5„ before me,
SS.
County of Orange Jo C. Cannan
the undersigned Notary Public, personally appeared
Bradford H. Miller
;p personally known to me
OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence
"' ' JO C CANNAN
E% �^ FIOTAPY PUBLIC • CAUfORNIA to be the person(s) whose name(s) ; G subscribed to the
i' oeaece COUNty within instrument, and acknowledged that be executed it.
My comm. expires JUy\�.4�GB3j WITNE yhanda official al.
NO, 201
TI10 122 NATIONAL NOTARY ASSOCIATION • 23012 VenWle BNE. • P.O. 130K 4825 • Nbodla W Hills, CA 81384
Ineince Company of the V*St
BIOME OFFICE SAN DIEGO, CALIFORNIA
cormsed Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the
laws of the &ata of California and having its principal office In the City of San Diego. California. don hereby nominate. constitute and appoint.
F. i:. Legrand, - Francis G. Jarvis, Jr., — Mary A. Jenny
in true end lawful Anwrrvbl-in-fere, with full Dom? "authority Mn ry conferred In its name, plan "stead. to execute, Beal, acknowledge and
deliver any and NI bonds, undertakings, recognixana s or other written obligations in the nature thereof —» -----
This Poway of Attorney is granted and L signed and esaied by facsimile under and by ebe authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 0th day of February. 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full. and complete copy:
-RESOLVED- That the President or Secretary may from time to time appoint Attorneys -lo -Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Rood of Directors or £zecutive Committee may at any time remove such Attorneys.
in -Fact and revoke the Power of Attorney give him or her; and be it Author
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and
All bonds and undertakings to the business of the Company may require, and any such bonds or undertakings executed by any such Attorney
in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and them presents to be
signed by its duly authorised officers this birth day of June 19-Ml—
INSURANCE
9 78
INSURANCE COMPANY OF THE WEST
wssrµr4. A
prANo4w?L
wets t'�
GGsotMe esident
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO) BS:
On this Sixth day of Jam ♦.D., 19_jL_ before the subaeriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE
WEST, to rex personally known to be the individual and officer deacribd in and who executed the preceding instrument, and he acknowledged
the execution of the same, and being by me duly worn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that
the seal affixed to the preceding instrument is the Corporate Sul of the said Corporation, and that the said Corporate Seal and his signature
As such officer were duly affixed and subscribed to tM said instrument by the authority and direction of the said Corporatim.
1N WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Sul, at the City of San Diego, the day and year fust
above written.
erncaL saAL
CAROLE POWER
NOTARY ►U9tIC • CALIFORNIA
PrincipalOffice. Ln Digo Ca Wit.
Com
Yy Commission r+D. Oct 10. 1961 G�
NE Notary Public
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO
1, the undersigned, Richard S. Ring Secretary of the Insurance Company of the West do hereby cortify
that the original POWER OF ATTORNEY. of which the foregoing is • lull, true and correct copy. is in &D fora and affect, and has not
been revoked.
IN WITNESS WHEREOF. I Wwe hereunto wsbsco bd my name as Secretary, and affixed the Corpomts Sul of the Corporatim
ahs. 15th dayof tiav tg fi5 _
wttraara
eoW eat 27 etta t� lltente
I Z460
SAN JUMCCAPSTRA CA .LFOOW l♦ 92675
June 6, 1985
Capistrano Associates
One Brookhollow Drive
Santa Ana, California 92705
Re:
Gentlemen:
The City Council of the City of San Juan Capistrano at its
regular meeting held June 4, 1985, took the following actions:
1. Approved the Development Agreement between the City and
Capistrano Associates regarding the property at 32911
Calle Perfecto.
2. Adopted Resolution No. 85-6-4-3 ordering the vacation
of a portion of Calle Aviador from its presently
constructed terminus to the intersection with Calle
Perfecto.
An executed copy of the Development Agreement is enclosed for
your information. The original has been forwarded to the County
Recorder.
A copy of Resolution No. 85-6-4-3 is enclosed for your
information. A certified copy of this Resolution has also been
forwarded to the County Recorder.
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very truly yours,
2�
MARY ANN ANOVER, CMC
City Clerk
MAH/mac
Enclosures
CC: Director of Community Planning
and Development
Director of Public Works