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1985-0901_PACIFIC COAST DEVELOPMENTEXEMPT "Ci 41 84-102989 C2 RECORDING REQUESTED BY AND�R44F� ORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: nGO ERNMENT CODE SECTION 6103 City of San Juan Capistrano fl:_ - Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 6aeANNOVE , City Clerk San Juan apistrano, California PROJECT A.C. 80 - DEVELOPMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Pacific Coast Development Company COM whose mailing address is: F-42-20 COUNTY,CAIo OFFICIAL nO 629 Camino Los Mares, Suite 302-A San Clemente, California 92672 M W 12'84 hereinafter called the "DEVELOPER". W I T N E S S E T H: tLEE A. WHEREAS, the CITY has conditionally approved A.C. 80-5 ; and WHEREAS, DEVELOPER desires to postpone the installation of the public and/or private improvements for A.C. 80-5 until after the CITY's acceptance of the project; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improve- ments for A.C. 80-5 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for A.C. 80-5 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include: all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters, cross gutters and sidewalks; equestrian/ hiking trails; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs; the supplying and a4.-IC2S39 9 7. DEVELOPER agree_; and at its sole option, at any has passed, complete, or cause of the said work, and DEVELOPER demand, all of the cost of any its agents and contractors, or any part of said work. PROJEWA.C. 80-5 that CITY may, without any notice, time after the time for completion to be completed, all or any part shall pay to said CITY, upon of said work done by the CITY, anv of them, to complete all or 8. 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 inter- pret the obligations of this i-nstrument, 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 the said CITY. 9. CITY, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workman- like 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. 11. 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. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for 365 days until February 21 , 1985 IN WITNESS WHEREOF, the parties have executed this agreement as of February 21, 1984 date -3- - 34-102999 PR( ;CT A.C. 80-5 planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. 2. DEVELOPER shall at its sole cost and expense, provide and install all on-site and off-site water mains and appurtenances and shall provide all labor and material to connect the same to existing mains and facilities of Orange County Waterworks District #4, in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of A.C. 80-5 and the improvements therefor. 4. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements. 5. 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 no exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him 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. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date of this agreement. If additional time is needed an extension may be granted by the City Engineer on the showing 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 shall continue in full force and effect until the work and improvement has been accepted by the CITY. -2- State of California 11111 SS. County of Orange OFFICIAL SEAL MARY ANN HANG"" NOTARY PUBLIC - G11 .I_OUIW o ORANGE COUrIiY My comm.mm. expires GPii 20.9 CORPORATE ACKNOWLEDGMENT FORM 7120052 State of California } SS. County of Orange 11 e OFFICIAL SEAL RUTH E MAROUAR m NOTARY PUBLIC - Fop NIA ORANGE COUNTY My comm. expires MAY 23, 1984 «� a GENERAL ACKNOWLtuamtN I FOHM m0052 State of County of California X SS. Orange OFFICIAL SEAL MARY A CARLSON NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My comm. @Wr n AN 5, 1086 On this the 2lstday of 16uary T9 8 4 , before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Anthonv L. Bland X personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor inuniciPpal, or on behalf he,6poaryration therein named, and acknowledged to me that the G�orporatlon executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 On this the 9thday of February 19 84 before me, Ruth E. Marquard the undersigned Notary Public, personally appeared Douglas P. Blankenship personally known tome x proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -1$ subscribed to the within instrument, and acknowledged that hp executed it. WITNESS hand and official seal. Notary'§ Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364 On this the 22n6lay of February 1984 , before me, Mary A. Carlson the undersigned Notary Public, personally appeared Ann Hanover S personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as , C n City Clerk or on behyI{ pf.tF� �'AT�at oR Brain 3[IL1Rl }e' named, and acknowledged to me that theAorporation xecuted it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd.* Woodland Hills, CA 91364 84-102989 " ATTEST: APPROVED AS TO FORM: PROJECT CITY OF SAN JUAN CAPISTRANO DEVELOPER lfacif%c Coast Development Company By C` Byzei ' Douglas P. Blankenship JAMES S. OKAZAKI, ity Attorney 8. IMPROVEMENT AND LANDSCAPE MAINTENANCE AGREEMENTS - A.C. 80-5, ORTEGA HIGHWAY (PACIFIC COAST DEVELOPMENT) (38-#455, #456) (38) Pursuant to conditions of approval for A.C. 80-5, Pacific (68) Coast Development was required to construct street improvements to Ortega Highway and to maintain all landscaping within the public right-of-way. The Improvement Agreement and the Landscape Maintenance Agreement for A.C. 80-5 were approved; the Mayor and City Clerk were authorized to execute the agreements on behalf of the City; and, the City Clerk was directed.to record the agreements with the Orange County Recorder, as set forth in the report dated February 21, 1984, from the Director of Public Works. Nor�h�aS�ncb rp�.r�'�� 0 a AGENDA ITEM February 21, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Improvement and Landscape Maintenance Agreements - A.C. 80-5, Ortega Highway (Pacific Coast Development) SITUATION As conditions of approval for A.C. 80-5, Pacific Coast Development is required to construct street improvements to Ortega Highway and agree to maintain all landscaping within the public right of Way. The developer has entered into agreements and posted surety to guarantee construction of the improvements and maintain the landscaping in the public right of way. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS There are no financial considerations due to this action. ALTERNATE ACTIONS 1. Approve the Improvement and Landscape Maintenance Agreements. 2. Do not approve the Improvement and Landscape Maintenance Agreements. 3. Request further information from Staff. RECOMMENDATION By motion, approve the Improvement and Landscape Maintenance Agreements for A.C. 80-5, authorize the Mayor and City Clerk to execute the agreements and direct the City Clerk to record the documents with the Orange County Recorder. Respectfully submitted, �� W. D. Murphy WDM:CMB/rem Encl. 3 400 P db Aip .4+TIA SAN J z RtSTR 92675 February 23, 1984 Pacific Coast Development Company 629 Camino Los Mares, Suite 302-A San Clemente, California 92672 Re: A.C. 80-5 Development Agreement and Maintenance of Landscaping Agreement Gentlemen: Enclosed please find fully executed copies of the Development Agreement and the Maintenance and Landscaping Agreement pertaining to A.C. 80-5. These Agreements were approved by the City Council at their meeting of February 21, 1984, and the originals were forwarded to the County of Orange for recording. Thank you for your cooperation. Very truly yours, MARY ANN AANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works MEMORANDUM March 5, 1984 TO: Cathleen A. DuCoing, Records Coordinator FROM: C. M. Bryant, Engineering Assistant SUBJECT: Surety, A.C. 80-5 (Pacific Coast Development) The following Surety has been accepted by the Engineering Division for the subject project: Surety Amount Company Purpose Letter of Credit $230,500 Anthony Mortgage Co. Faithful Performance Labor & Materials 0,RY � CMB:ol attachment