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1985-0604_CAPISTRANO ASSOCIATES_Development AgreementRECORDING REQUEST BY AND WHEN RECORDED RE# T0: EXEM City of San Juan Capistran C 7, 32400 Paseo Adelanto RECORDING FEES EXEMPT DUE TO 5OVERNMENTAORDE SECTION 6103 San Juan Capistrano, CA 92675 MARY ANN �fA&_ER, CITY CLER CITY CLERK'S DEPARTMENT CITY OF SAN 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: 00 CA I N 09 CA Go 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. Page 1 of 3 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. 0 85--227658 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: �iNy'Gu Bradford eller Title: General Partner Titl ` eneral Partner APPROVED AS TO FORM: JOH V AW, CITY ATTORNEY City of San Juan Capistrano, City By: Tit By: Tit ATTEST: Mary AnX7HaPver, City Clerk By Cheryl Johnson, Deputy City Clerk Page 2 of 3 CORPORATE ACKNOWLEDGMENT State of California I SS. County of Orange ------------------ OFFICIAL SEAL MARY A CARLSON NOTARY PUBLIC •CALIFORNIA ORANGE COUNTY My comm. expires JAN 5, IM 85--227658 NO. 202 On this the 5t day of June 1985—, before me, Mary A. Carlson the undersigned Notary Public, personally appeared Phillip R. Schwartze U personally known to me ❑ proved tome on the basis of satisfactory evidence to be the persona) who executed the within instrument as , a1 Mayoror on behalf cf the grpohali� a n therein named, and acknowledged to me that thehorporamunicti executed it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMIl 85-22-7658 , l�IJJJ/1/IIJJJI,IJ�1/Jl./IIJJJ_' — State Of Ca 1 i fnrni a SS. County of Orange OFFTCTAL SF,AL MARY A CA" ON m NOTAI7Y PUBLIC -CALIFORNIA ORANGE COIPNTY My comm. expires JAN 5, 1988 State of SS. County of MN EALAN„• m LIFORNIATYlUL 4, 1987 PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 CORPORATE ACKNOWLEDGMENT Stateof California 1 SS. Countyof orange 11 OFFICIAL SEAL MARY A CARLSON NOTARY PUBLIC - CALIFORNIA GRANGE COUNTY My comm. expires JAN 5, 1988 On this the 5thday of June Mary A. Carlson the undersigned Notary Public, personally appeared NO. 202 119-8-5_ before me, Cheryl Johnson personally known tome ❑ 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 th morporaon municinl therein named, and acknowledged to me that the'corporatlon executed it. WITNESS my hand and official seal. • P.O. Box On this the 77'q day of 19,�, before me, the undersigned Notary Public, personally appeared 0C_t?UrcC1) /l /)11//c f'_ � L/-1�7e W flhe I(c personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the and acknowledged to me that the partnership executed it. y hand artdofficial X281. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA913e4 NO. 202 On this the Z thday of June 19 85 , before me, Mary A. Carlson the undersigned Notary Public, personally appeared N. S. Cochran EX personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as �1 Building Official or on behalf of th '91F OcfAMtherein named, and acknowledged to me that the ,,mmunic(l a g Jcorpora I n executed it. WITNESS my hand and official seal. re w 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 I 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 11UnutD IN OFFICIAL RECOR�SS OF ORANGE COUNTY CALIFORNIA -12 so PM JUN Z 1 '85 COON', RECORDED 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. 40165 0 AGENDA ITEM TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development June 4, 1985 SUBJECT: Execution of Development "Agreement for Grading and On -Site Improvements (Capistrano Associates) STTUATION 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. ^� r ;r � IRV Ci�_ ti�riY ✓!`\ .�.� l�s� � V n 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 ✓i— TGM:NSC:tab Attachment 1 �y1 EXECUTED IN TRIPLICATE PERFORMANCE BOND GRADING BOND KNOW ALL MEN BY THESE PRESENTS: BOND NO: 133561 PREMIUM: $3,350.00 That CAPISTRANO ASSOCIATES, a General Partnership , as Principal, hereinafter called DEVELOPER, and INSURANCE COMPANY OF THE NEST , 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 85 at Costa Mesa , California. PRINCIPAL CAPISTRANO ASSOCIATES, a General Partnership (NOTARIZATION) SURETY INSURANCE COMPANY OF THE WEST By. +r Mary A. en ttorne -in-Fact (NOTARIZATION AND SEAL) ACKNOWLEDGMENT BY CORPORATE SURETY State of California County of Orange OFFICIAL SEAL JUDITH K. CUNNINGHAM • NO7ARY PURLfG CALIFORNIA �� PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES SEP. 30, 1988 On NOY_15, 1995 , before me, the undersigned, } ss. .a Notary Public of said county and state, personally appeared ""V A ,T , personally known to me to be the Attorney -in -Fact of rNanuiorg rnuykw 01C Tim k=m 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. 444Z zNOTA_)PUBLIC GENERAL ACKNOWLEDGMENT State of Califnrnia SS. County of Orange 111 _ OFF[CiAL SEAL " \ JO C CANNAN NOTARY PU BUC •CALIFORNIA b' ,�'✓ � ORANGE CCUNTY My comm. expires JUL T110 f22 NO. 201 On this the 20 day of May 19�, before me, Jo C. Cannan the undersigned Notary Public, personally appeared Miller ;p personally known to me ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) i s subscribed to the within instrument, and acknowledged that he executed it. WITNESS -my hand andofficial seal. ure NATIONAL NOTARY ASSOCIATION • 23012 VNllun BNO. • P.O. Box 6828 • wootllo Hills, CA 81386 Ineionce Company of the 1*St HOME OFFICE: SAN DIEGO, CALIFORNIA mesas om et POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insoraan Company of the West, a Corporation duly organized and existing under the laws of Ilbe State of California and having Its principal office In the Qty of San Diego. California. don hereby nominsta. constitute and appoint. F. F. Legrand, - Francis G. Jarvis, Jr., — Mary A. Jenny lu "A arid lawful Attorney Is) -in -Fact. with fun power end authority hereby conferred in its name, plea end sped, to execute, pet. ocknowiedye and dsiiwer ala and Ni bonds, undemkings, recopitences or other written obligations in the nature thereof This Power of Attorney is granted and is signed and coaled by foeaimile under and by the authority of the following Resolution adopted by the Board of Dksctore of the Insurance Company of the Watt at a meeting duly called and held on the 6th day of February, 1918, which said Resolution ban not been amended or rescinded and of which the following Is a true. fia and --plate copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - 'in -Fact and revoke the Power of Attorney give him or her; and be B further "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 an bonds and undertekinga as 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 esald and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Sixth d Of Juue 19 7$ INSURANCE COMPANY OF THE WEST 'mr, A� owMOjkr �. weir tie` ta�0t. sideot STATE OF CALIFORNIA COUNTY COUNTY OF SAN DIEGO) as` On this Sixth day Of June A.D., 1979 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, dulycommissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and be acknowledged the execution of the same, and being by me duly sworn, depometh and saith, that he is the said officer of the Corporation aforesaid, and that the meal affixed to the preceding instrument is the Corporate Sul of the said Corporation, and that the said Corporate Sal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto sat my band and affixed my Official Seal, at the Qty of San Diego, the day and year first above written. ///�/\// ernuAL atAL (@ CAROLE POWER NOTARY ►U9tIC • 7j;,7CALIFORNIA Mn ern Office. Ln Digo to. Cast."1 _ p w My Wmmialon Esp. Ocie 10, 1961 Notary Public BTATE OF CALIFORNIA t COUNTY OF BAN DIEGO f L the nadwWV14 Richard S. Kiera Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY. of which the foregoing L a full, true and Correct copy, is In full force and affect, and has not Gro revoked. IN WITNESS WHEREOF. I Ju we bereanto subscribed m1 seme as Secretary, and affixed the Corporate Ssa1 of the Corporation. the. 15th Any.f play Wuhwra ,ets110�` St ICW CAL 37 MVoit� Secret& _- 3Z400 PASE01A.0 SAN JLKAP ,GAPIS�T,R_ CAL1FOjMg11((A 92673 �lx, N�y�p�'66]i117 June 6, 1985 Capistrano Associates One Brookhollow Drive Santa Ana, California 92705 Re:Development Agreement, Tract 10564 and Vacation of a Portion of Calle Aviador 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, MARY ANN ANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Community Planning and Development Director of Public Works