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:
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CA
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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