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
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