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1985-0205_WILLIAM LYON COMPANY, THE_Agreement0 67 "City" RECEIVED AGREEMENT FEB 21 3 54 �M QRS CAMINO LAS RAMBLAS/VIA CALIFORNIA TRAFFIC SIGNAL CITY CLERK DEPARTMENT CIT+ 1:F "A" `�ff-AGREEMENT made and entered into this 5th day of February , 1985, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and The William Lyon Company, whose mailing address is 17 Corporate Plaza Drive, Newport Beach, California 92660, herein- after called the "DEVELOPER". WITNESSETH: WHEREAS, a considerable volume of traffic is anticipated in conjunction with the completion of the intersection of Camino Las Ramblas and Via California; and WHEREAS, CITY has determined that a traffic signal at the intersection of Camino Las Ramblas and Via California will be needed; and WHEREAS, CITY has required DEVELOPER to participate in the cost to install the aforesaid traffic signal, as a condition of approval of DEVELOPER'S apartment complex; and WHEREAS, the traffic signal will also benefit future developments and the cost of installation should, therefore, be borne proportionately by such developments. NOW, THEREFORE, it is agreed by the parties hereto as follows: 1. Developer Contribution. DEVELOPER shall contribute to the construction of traffic signal and interconnect improvements at the location of Camino Las Ramblas and Via California in the amount of $25,000 should the total costs of these improvements exceed $100,000 at the time of construction. In the event total costs are under $100,000, DEVELOPER shall pay 25% of the total costs. The City Engineer's estimate of total costs for the project is $100,000. 2. Time for Performance. DEVELOPER'S obligation to pay the improvement costs stated in paragraph 1 shall occur at such time as the City of San Juan Capistrano City Engineer determines that traffic volumes at the subject intersection require the signal and interconnect improvements; more specifically, DEVELOPER shall pay to CITY by cashier's check the amount as required by paragraph 1 above within 5 calendar days following the opening of bids to construct the traffic signal. 3. Posting of Security for Deferred Improvements. DEVELOPER shall post with the Office of the City Attorney a corporate surety bond in a form and by a certified corporate surety company or an instrument of credit acceptable to the City Attorney in the amount of $25,000 for the purpose of securing the performance obligations as set forth in paragraphs 1 and 2 above. CORPORATE ACKNOWLEDGMEW State of C ifc3rn i SS. County of Orange � OFFICIAL. cn �L MARY N Ir! NAt i')VFF NOTARY PUBLIC - CAI IFORNI q I ORANGE COUNTY My comm. expires APR 20, 1908 CORPORATE ACKNOWLEDGMENT i.. State of California 1 SS. County of Orange ) V OaT_C'AL SEEeL P:1AR1' A CARLSON ^y NOTARY PUBLIC -CALIFORNIA � � �X;� OP.ANOE COUNTY 1! `"""-" MY comm. expires JAN 5, 1988 On this the 5th day of February 19 85, before me, Mary Ann Hanover , the undersigned Notary Public, personally appeared Gary L. Hausdorfer W personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Player or on behalf of thedl11&4 "Re6in �� named, and acknowledged to me that the,CVMorPexecuted it. WITNFSR my hand and offir lal Seal_ NO. 202 Onthisthe 6th dayof February tg 85, before me, Mary A. Carlson the undersigned Notary Public, personally appeared Ann Hanover W personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as City Clerk muniCi 1 or on behalf of t:heporpQratiorpitgerein named, and acknowledged to me that the 20518 afIRGEAtuted it. WITNESS my hand and officia_1seal. re NOTARY 4. City Obligation to Construct. CITY shall install the required signal and interconnect improvements at the subject intersection. Funding to cover the remaining costs of the project shall be collected from development fees assessed against other developers in the immediate area who in the CITY'S determination will benefit from the aforesaid traffic signal. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. ATTEST: MARY ANN HA ER, CITY CLERK APPROVED AS TO FORM: r TTV n P CAN .MAN rADTCTRANn WILLIAM LYON COMPANY By 6�OW/4 J G. MARKLEY RICHARD S. ROBINSON -2- CAT. NO. NNO0737 TO 21945 CA (1-83) (Corporation) STATE OF CAL COUNTY OF J TICOR TITLE INSURANCE } SS, On ok olw before said SeJDlv lyaue S=V'n -n I JV%D--( personally known to me _o --^-°--� be the person who executed the within instrilMent as the �i 1Cz r President, and V__N ice.+ JA personally known to me -s to be t1le person who executed the within instrument as the S-taa.. Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature the undersigned, a Notary Public in and for M F ALRTINALIFORNIATYEC 23, 190 (This area for official notarial wall 0 XFAueC:►t March 17, 1987 TO: Mary Ann Hanover, City Clerk 6 FROM: Theodore G. Simon, City Engineer SUBJECT: Agreement Camino Las Ramblas/Via California Traffic Signal - Tract 12276 The subject agreement was approved by the City Council on February 5, 1985, along with an Improvement Agreement and a License Agreement for Landscaping and Irrigation. The subject agreement required the Developer (The William Lyon Company) to participate in the installation of the traffic signal in the amount of $25,000. The Developer submitted a Performance Bond for $25,000 from American Insurance (No. 712- 8232), which was verified and accepted on March 15, 1985. On March 5, 1985, a Cooperation Agreement and a Participation Agreement between the Developer and the Community Redevelopment Agency was approved. These agreements included terms that the Agency shall pay City development and building fees and assume all obligations to make such payments to the City. In order to satisfy the terms of these agreements, the $25,000 Performance Bond submitted by the Developer shall be released, and the Community Redevelopment Agency shall contribute to the installation of the traffic signal in the amount of $25,000 as required in the subject agreement. TGS:kjs cc: Stephen B. Julian W.D. Murphy John R. Shaw Nancy Erickson 6. As set forth in the report dated February 5, 1985, from the Director of Public Works, the agreements for construction of public improvements, maintenance of landscaping, and participation in the cost to install a traffic signal at the intersection of Camino Las Ramblas and Via California, were approved. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City. The City Clerk was directed to forward the agreements for improvements and landscape maintenance to the Orange County Recorder's Office. AGENDA ITEM February 5, 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Consideration Of Agreements For Improvements, Landscape Maintenance, and Traffic Signal Maintenance Participation, Architectural Control 84-2/Tract 12276 (William Lyon Company) SITUATION: Architectural Control 84-2 (Lyon) was approved by Planning Commission Resolution subject to conditions. These conditions include obligations to enter into agreements for construction of public improvements, landscape maintenance and traffic signal participation. Copies of the agreements are attached for City Council review. COMMISSIONS, BOARDS AND COMMITTEES: Not applicable. FINANCIAL CONSIDERATIONS: All required fees have been paid. ALTERNATE ACTIONS: 1. Approve the agreement for construction of public improve- ments, landscape maintenance, and traffic signal partici- pation for architectural control 84-2 (William Lyon Co.). 2. Do not approve the agreement. 3. Request further information from Staff. RECOMMENDATION: By motion approve the agreement for construction of public improvements, landscape maintenance, and traffic signal parti- cipation for architectural control 84-2 (William Lyon Company). Direct the Mayor and City Clerk to execute the document. Direct the City Clerk to record the document with the County Recorder. Respectfully s bmitted, W.D. P� W. D. Mu p WDM/CMB/hw E(' PERFORMANCE BOND Bond #712 8232 Premium $125.00 KNOW ALL MEN BY THESE PRESENTS: That The William Lyon Company , as Principal, hereinafter called DEVELOPER, and THE AMFRICAN INSURANCE COMPANY , 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 Twenty Five Thousand and 00/000 ------------- ----------------- 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 February 5, 1985 , entered into a (describe agreement) Camino Las Ramblas/Via California Traffic Signal ---------- which contract 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 0 0 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 14th day of March 19 85 at Newport Beach , California. (NOTARIZATION) SURETY THE AMERICAN INSURANCE COMPANY Patricia M. White, Attorney in Fact (NOTARIZATION AND SEAL) T t bond 's f e6easect (as ©-� EQ �Q sane . dims. CAT. NO. NNO0737 TO 21945 CA (1-83) J TICOR TITLE INSURANCE (Corporation) STATE OF CALIFORNIA COUNTY OF ©K"Cvrt�.O� Ss' R On a\ts.ii' Lik kms, btefor F� said State, personally appeared h - Mj personally known to me of avidamcc-"be the person who executed the within instrument as the Y = resident, and-�s.NYIeS _ai W\c No mn� personally known to me x FF�mterd-te-nlce}►sko' ° '^B- -- -- --'a- to be • the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. 11AA .. ''.�..��...... Signature _ -\ -,yl Y State of.'— tai i County of: !Orange me the undersigned, a Notary Public in and for f Le.A OFFICIAL�SE�AL CHERYL A MARTIN NOTARY POILIC - CALIFORNIA NTY O%%K COU Ay C. moo" DEC 23, 1911 (This area for official notarial seal) On this 14th_ , day of __March 19 _$5, before me, _ Uebj:a Cl rka Notary Orange _ .__. Public in and for said -_________.___County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared Patricia M. White __....... , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney in fact ofThe_ American Insur�ne� Co�ncknowledged to me that he (she) subscribed the name of The American Insurance Compa as surety, and his (her) own as attorney in fact. n JEAL � �� ` �-- {�' � ;f /n witness whereof, /have hereunto set my hand and affixed my official seal. Y -q I4F - 1_-. ORnIA ON I CL N Syron. _mlre.a,19@8 . 3800.1-L.A. Ed. (8-82) GENERAL ATToRKEY TEO MERICAN INSURANCE COMP KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint -----PATRICIA M. WHITE ----- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name. place and stead, to execute, seat, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations to the nature thereof -------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nom in full force and effect. "Article V Ill, Appointment and Authority Assistant secretaries, and Attorney -in -Fact and Agents to accept Lega/ Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate relating thereto. by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President. and its corporate seal to be hereunto affixed this 5th day of �+rt,44M1 3 i STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ss. November 19 84 THE �AMERICAN INSURANCE `COMPANY � On this 5th day of November 19 84 , before me personally came Richard W1IIiams to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Cor, potation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written. �1/4111YIIIIYIe1111411awn111111111g1111111aa11a111 - OFFICIAL SEAL SUSIE K. GILBERT NOTARY RMLIC - CAIJFORNIA OIf i COOIrtY OF SAN FRANCISCO My Commission Expires Nov. 17, 1984 CERTIFICATE in111111111111il STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the 14th day of March 19 85 • i" 4;;V vv��jj��" 3i /- 6".....„_.% Resident Assistant Secreiaq �hR CO1 380711 -TA -Ml 0 March 26, 1987 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAN$DORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The William Lyon Company 19 Corporate Plaza Newport Beach, California 92658 Re: Release of Performance Bond - Camino Las Ramblas/Via California Traffic Signal, Tract 12276 Gentlemen: On March 17, 1987, Theodore G. Simon, City Engineer, requested the release of the $25,000 Performance Bond held for the above referenced project. A copy is enclosed for your information. Very truly yours, Mary Ann Happver, CMC City Clerk MAH/dms Enclosure cc: Ted Simon, City Engineer 32400 PASEO ADELPNJO. SAN JIJAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 0 0 MEMORANDUM March 15, 1985 TO: Cathleen A. DuCoing, Records Coordinator FROM: C. M. Bryant, Engineering Assistant SUBJECT: Surety; A.C. 84-2, Capistrano Pointe (Lyon) The following traffic signal surety has been received and verified for A.C. 84-2 Surety No. Company Amount Purpose Bond 712-8232 American Ins. $25,000.00 Traffic Signal CMB:ol attachment 3_2400 PASKO'Ab HiAf1TQ,", SAN JIJAOU;:APISTR Af1m, CALiF0 p.1A 92,673 ;�' ''pN01i�413j117 April 19, 1985 Ms. Ann Lorenz William Lyon Company 19 Corporate Plaza Newport Beach, California 92658-7520 Re: Tract 12276; Capistrano Pointe Dear Ann: I'm forwarding to you additional copies of the Improvement Agreement, Landscape Maintenance Agreement and Traffic Signal Agreement for Capistrano Pointe. I have also contacted the Capistrano Valley Water District and requested that they forward copies of their recorded agreement to you as well. Thank you again for all your assistance on this project, and if I can be of further help, please let me know. Very truly yours, CITY OF SAN JUAN CAPISTRANO C. M. Bryant Engineering ssistant CMB:ol xc: Records Coordinator LYON JOWILLIAM LYON1?&ge EDEIVED o IS 19 CORPORATE PLAZA, P.O. BOX 7520, NEWPORT BEACH, CA 926R&3J • (7 4)'833- 600 CITY CLERK 0E? ARTMENT JUAN C8.'. �. February 20, 1985 City Clerk's Office The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Traffic Signal Agreement Dear Ms. Hanover: Per the letter I received dated February 7, 1985 from you, please find enclosed the executed traffic signal participation agreement between the City of San Juan Capistrano and The William Lyon Company. Please call me should you have any questions or problems. Sincerely, Sherri Martin Assistant Project Manager SM/cam Enclosure REAL ESTATE DEVELOPMENT mw SAN February 7, 1985 William Lyon Company 19 Corporate Plaza Newport Beach, California 92658-7520 Re: Gentlemen: The City Council of the City of San Juan Capistrano at its regular meeting held February 5, 1985, approved the Agreements for Improvements, Landscape Maintenance, and Traffic Signal Participation regarding Architectural Control 84-2/Tract 12276. Enclosed are two copies of the Camino Las Ramblas/Via California Traffic Signal Agreement. Please sign and date both copies of the Agreement. Your signatures on the "City" copy will need to be notarized. Return the "City" copy to the City Clerk's Department and retain the second copy for your files. The signed Agreement will be forwarded to the County Recorder for recordation upon receipt in this office. Also enclosed are the following: (1) A fully executed copy of the License Agreement relating to the Maintenance of Landscaping and Including irrigation Facilities Within the Public Right -Of -Way. (2) A fully executed copy of the Improvement Agreement. 0 William Lyon Company 0 -2- February 7, 1985 Our copies of these two Agreements have been forwarded to the County Recorder for recordation. Thank you for your cooperation. Very truly yours, MARY ANN OVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works A& SAN February 1, 1985 The William Lyon Company 19 Corporate Plaza Newport Beach, California 92658-7520 Re: Agreements - Architectural Control 84-2 Gentlemen: Enclosed is a copy of the Agenda for the February 5, 1985, City Council Meeting and a copy of the staff report considering Agreements for Improvements, Landscape Maintenance, and Traffic Signal Participation for Architectural Control 84-2, Tract 12276. Please note the changes to the Agreement regarding the Camino Las Ramblas/Via California Traffic Signal since you executed the copy. We will be forwarding the original for your signature following Council action. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works City Attorney