1988-1116_HEALTHPARK ASSOCIATES_Improvement Agreement88-595322
RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano EXEMPT
City Clerk's Department C16
32400 Paseo Adelanto Mary Ann Ha,,dVer, City Clerk
San Juan Capistrano, CA 92675 City of San Tuan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of City of San Juan
Capistrano, California, and Mission Equity, 27405 Puerta Real, Suite 300, Mission Viejo,
CA 92691, subdivider of Tract 12257, requires the subdivider to complete the following
to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION
WITH TRACT 12257 IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by subdivider according to plans and specifications and to
the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was accepted by the City Council of the City of San Juan Capistrano, at a regular
meeting thereof held on the 15th day of November 1988 , by Resolution
No. 88-11-15-8 .
That upon said agreement, Fremont Indemnity was surety for the letters of credit given
by the said subdivider, and the City holds a cash deposit for improvement to Rancho
Viejo Road, as required by the agreement.
Dated at San Juan Capistrano, California, this 16th day of November 1988 .
Mary Ann er, City Clerk
City of SarVJuan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City
Council of the City of San Juan Capistrano, California, do hereby certify under penalty
of perjury that the foregoing Notice of Completion is true and correct, and that said
Notice of Completion was duly and regularly ordered to be recorded in the Office of the
Orange County Recorder by said City Council.
Dated at San Juan Capistrano this 16th day of November , 1988.
5cOPDS
oPANOE A�uA , CA44iF0AN A
4:0o NOV 181988
i
Mary Ann H' o er, City Clerk
City of San Juan Capistrano
88=034402
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
f;ECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORI"
-2 00 PM JAN 2 5'88
[_E�_CX_EW1T
a
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
MARY -AP
NO R, City Clerk
San Juan Capistrano, California
PROJECT: Final Map, Tract 12257
(Healthpark)
IMPROVEMENT 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 Healthpark
Associates, a general California partnership, whose mailing address is: 27405 Puerta
Real, Suite 300, Mission Viejo, CA 92691, hereinafter called the "DEVELOPER".
WITNESSETH:
WHEREAS, the CITY has conditionally approved Final Map, Tract 12257; and
WHEREAS, DEVELOPER desires to postpone the installation of the public
and/or private improvements for Final Map, Tract 12257 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 improvements for Final Map, Tract 12257 will be installed in
a timely manner; and
WHEREAS, the CITY has concerns that this project has not moved in a timely
manner and is highly desirous to obtain the completion of the public improvements; and
WHEREAS, in order to achieve the completion of said public improvements, the
CITY is willing to move ahead cooperatively with the DEVELOPER with adequate
performance guarantees.
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 Final Map, Tract
12257 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 411 streets, alleys and public service easements; construction of concrete curbs,
gutters, and biketrail/sidewalks; installation of storm drainage and sanitary sewerage
facilities; Installation of underground conduit street lighting system; installation of all
street signs; the supplying and planting of all parkway trees; the installation of all
appurtenances; the furnishing of all engineering costs and services to do and complete
10 88-034402 PRO* Final Map, Tract 12257
said wor; 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
estimate costs of said improvements to be used for the security required herein.
DEVELOPER shall at its sole cost and expense, provide and install all on-
site wate mains and appurtenances and shall provide all labor and materials to connect
the same to existing mains and facilities of the Capistrano Valley Water District, in
accordan a with all of the requirements of said District.
DEVELOPER agrees to pay all applicable fees imposed by CITY's
and resolutions as conditions of approval of Tract 12257 and the improvements
therefor.
DEVELOPER shall provide the following sureties, all of which shall meet
the requi ements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a
subdivisio faithful performance surety equal to the total estimated cost of work and
improve ents to be dedicated to the CITY; (b) a labor and materials surety equal to the
total esti ated cost of work and improvements to be dedicated to the CITY securing
payment o the contractor, any sub -contractors and persons providing equipment, labor
and/or m terials for and/or account of such improvements; (c) A Faithful Performance -
Public W rks Surety in an amount equal to the total estimated cost of work to monument
tract bou daries, open space areas and public street center lines; and (d) a cash bond in
the nam of City guaranteeing completion of Rancho Viejo Road improvements
($163,862.
e surety bonds shall provide that CITY, as beneficiary, shall be entitled to
attorney's fees in the event that CITY is required to bring legal action to enforce the
terms of he surety.
aThe 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 not 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.
DEVELOPER agrees to complete all of said work and improvement by
August 1 , 1988. This work shall be closely monitored by the City Engineer to assure
that t e roject follows the construction schedule as submitted by Mission Equity on
December 15, 1987, attached herewith as Exhibit A. Should the DEVELOPER fail to
complete he work by the scheduled date, the total project performance guarantee shall
be forfei ed to the CITY. Following the failure of the DEVELOPER to meet the
schedule, the CITY shall additionally call the sureties to perform the required
DEVELOPER agrees that CITY may, without any notice, and at its sole
option, at•any time after the time for completion has passed, complete, or cause to be
complete ,all or any part of the said work, and DEVELOPER shall pay to said CITY,
upon dem nd, all of the cost of any of said work done by the CITY, its agents and
contractos, or any of them, to complete all or any part of said work above the project
Performa a guarantee.
DEVELOPER agrees to pay CITY such sum as the Court may adjudge as
for the legal services of any attorney representing the CITY in any action
�88=034402 PROJO Final Map, Tract 12257
brought to enforce or interpret the obligations of this instrument, 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 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.
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.
DEVELOPER shall maintain liability insurance in the amount of $1,000,000
combined single limit at all times during the life of this agreement, naming the CITY as
a co-insured.
12. Notwithstanding the specific time frame for completion of improvements
set forth in Paragraph 6, DEVELOPER shall begin work on public improvements within
30 days of execution of this agreement, and further, DEVELOPER shall progress with all
work of their project continuously and diligently until completion. "Continuously and
diligently" is hereby defined to mean the absence of no work in progress on the site for
periods of 4 weeks or longer.
IN WITNESS WHEREOF, the parties have executed this agreement as of
December 15. 1987.
ATTEST:
MARY Ar HANOVERY CITY CLERK
APPROVE AS TO F RM:
JOHNIA. . SHAW, CITY ATTORNEY
CITS
1U7TRANO
ANTHONY
BLAND, MAYOR
DEVELOPER, HEALTHPARK ASSOC.
BY
RICHARD R_/STENTON
GENERAL PARTNER
88-034402
C STATEOF CALIFORNIA _
E COUNTY OF 464-1414 Cc SS.
A
Y
Onthis TG! day of./An/G!A!t tL_,in the year
e
before me, the undersigned, a Notary Public in and for said County and State,
a personally appeared 12ie1-fA24 FZ C7EM7nxJ
n
L
personally known to me (or proved to me on the basis of satisfactory evidence) to
°e be the person(s) that executed this instrument on behalf of the partnership and
t acknowledged to me that the partnership executed it.
m
%i A
Signature^w f
aid
G N ry Public in and for sCou tyand State
CORPORATE ACKNOWLEDGMENT
State of California
1 SS.
County of 11
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
JOHN W. DEIANEY
Ffel NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm Expires Aug. 1I, 1990
NO. 202
On this the 19t11day of January 1988 , before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Anthony L- Bland and Mary Ann Flanaver ,
personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as.
Mayor and City Clerkfruntcippai
Cron behalf of the/c frporatibn therein
munica
named, and acknowledged to me that the,Eorporatign executed it.
WITrr,ESS my hand and officjal seal.
F
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIW. • P.O. Box 4625 a Woodland Hills, CA 91365-4625
OFFICIAL SEAL
°
-]'+
CHEPYL A JC4tiSGN
f
NOTARY PU 1 C - >'_IFORNIA
yT
My cz-mw.. c..,.:ros t:�v 111, 1989
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
JOHN W. DEIANEY
Ffel NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm Expires Aug. 1I, 1990
NO. 202
On this the 19t11day of January 1988 , before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Anthony L- Bland and Mary Ann Flanaver ,
personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as.
Mayor and City Clerkfruntcippai
Cron behalf of the/c frporatibn therein
munica
named, and acknowledged to me that the,Eorporatign executed it.
WITrr,ESS my hand and officjal seal.
F
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIW. • P.O. Box 4625 a Woodland Hills, CA 91365-4625
4.
FA
ff was directed to prepare a press release and to place the item on the Agency
Council information when the grants are awarded.
ort dated November 15, 1988, from the City Manager, advising that the City
jived a Certificate of Achievement for Excellence in Financial Reporting from
Government Finance Officers Association of the United States and Canada for
comprehensive annual financial report for fiscal year ending June 30, 1987. The
wt recognized the efforts of Bob Boone, Director of Administrative Services, the
iinistrative Services Department, and former Assistant City Manager Glenn
t the concurrence of Council, Mayor Hausdorfer ordered the Certificate
rived. Mr. Boone joined Mayor Hausdorfer on the dais to receive the Certificate=
Administrative Services staff was recognized for their efforts.
rt dated August 16, 1988, from the Director of Community Planning and
lopment, listing development applications received by the Community Planning
ion since September 20, 1988.
It was moved by Councilman Bland, seconded by Councilman Friess and unanimously
carried to order the report received and filed.
Report dated November 15, 1988, from the Director of Public Works, advising that
the public improvements for Tract 12257 were complete and the sureties ready for
Friess, seconded by Councilman Bland that the
be adopted:
uVLL w LRLLLNI / — a1� L I
RESOLUTION H GGJL\ClYgOF — SAN*
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE PUBLIC IMPROVEMENTS - TRACT
12257(HEALTHPARK)
-11-
11/15/88
2.
motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
Resolution accepted the work as complete and directed the City Clerk to
and a Notice of Completion to the County Recorder. All sureties for the tract
held by Fremont Indemnity and a cash deposit for work within Rancho Viejo
was held by the City. The Faithful Performance surety for public
:)vements in the amount of $260,000 was extended to 11/15/89; staff was
)rized to release the surety upon completion of the one-year maintenance
d. Staff was authorized to exonerate the cash deposit in the amount of
,862; the Labor and Material surety in the amount of $260,000; and, the
imentation surety in the amount of $5,000 35 days after recording the Notice of
HILLS DRIVE
lated November 15, 1988, from the Director of Public Works, advising that
of the Architectural Control Committee of the Mission Hills Homeowners
ion had contacted the City to request release of their maintenance
)ilities of the off-site medians on Mission Hills Drive. The report
!nded that the City absorb the maintenance of the medians since the
are not encompassed within the Mission Hills development.
Culp, representing the Mission Hills Homeowners Association, 26871 Canyon
, was present to answer questions.
moved by Councilman Schwartze, seconded by Councilman Friess and
.isly carried to relieve the Mission Hills Homeowners Association of their
>ility and to assume the maintenance of the medians by the City effective
1, 1989.
1. ORAL REPORTS OF
of California Cities
next meeting will be held Thursday.
ilman Friess requested staff review of the flashing lights on the Mercado
buildings.
-12-
11/15/88
• • (- --)"
ITEM
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
November 15, 1988
Acceptance of Public Improvements, Rancho Viejo Road Ld Mission Hills
Drive - Tract 12257 - Resolution, Notice of Completion and Release of
Surety (Healthpark)
Staff has recommended that the City accept the public improvements of Tract 12257 and
release t e corresponding sureties (letters of credit and cash). The public improvements
have been completed and accepted by the City Inspector. The City will file a Notice of
Completi n with the County Recorder upon acceptance of the improvements. Sureties
for this t act are letters of credit held by Fremont Indemnity and a cash deposit, held by
the City, or work within Rancho Viejo Road.
PURPOSE AMOUNT
Monumentation $ 5,000
Faithful Performance - Public 260,000
Labor & Material - Public 260,000
Cash Deposit (Account #19-2328) 163,862
Mission Euity (Developer), 27405 Puerta Real, Ste. 300, Mission Viejo, CA 92691,
Mission H'lls Homeowners' Association, and Hall & Foreman (Project Engineer), 3170
Redhill, C sta Mesa, CA 92626.
None.
CONSIDERA
The City ust release the cash deposit as noted above. There is no other cost or
compensat on to the City associated with this action.
AL
1. Accept the public improvements of Tract 12257.
2. Do no accept the public improvements of Tract 12257.
3. Reque t additional information from Staff.
FOR C COUNCIL AGEN A
�13�
AGENDA ITEM • .
Novemb r 15, 1988
Page 2
By resol tion, determine that the work resulting from Tract 12257 has been completed
and decl re the work to be accepted; direct that within ten days from the date of
acceptan e a Notice of Completion be filed with the Orange County Recorder.
By moti n, require an extension of the Faithful Performance surety for public
improve ents to November 15, 1989; and authorize staff to exonerate the cash deposit,
the Labo and Material and the monumentation sureties upon the expiration of thirty-five
days fro the filing of the Notice of Completion. Authorize staff to release the Faithful
Perform nce surety after one year maintenance period.
ly submitted,
W. D. Mu pKy
RESOLUTION NO. 88-11-15-8
OMPLETION OF PUBLIC IMPROVEMENTS - TRACT 12257 (HEALTHPARK)
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 12257
(HEALTHPARK)
WHEREAS, the City of San Juan Capistrano has entered into an agreement
with ission Equity, 27405 Puerta Real, Suite 300, Mission Viejo, California 92691, for
the c struction of public improvements in conjunction with Tract 12257; and,
WHEREAS, the Director of Public Works has evaluated the final quantities and
cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does
resoly as follows:
SECTION 1. That the work required to be performed by said subdivider has
been c mpleted.
of
0
SECTION 2. That the work is hereby accepted and approved.
CTION 3. The City Clerk is directed to forthwith forward a "Notice of
to the County Recorder of the County of Orange for recording.
PASSED, APPROVED, AND ADOPTED this
ber . 1988.
15th
w
GAkYL L. SDORFER, MAYOR
-1-
day
r
STATE OF CALIFORNIA
COU TY OF ORANGE ) ss
CI OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
Calif nia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Reso ution No. 88-11-15-8 adopted by the City Council of the City of San Juan
Capi trano, California, at a regular meeting thereof held on the 15th day
of UpfflhAr , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland, and
Dlayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
MARY A ANOVER, CITY CLERK
-2-
r
m
LOCATION MAP
ROAD
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a
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30
31
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KNOW ALL
of
business i
bound unto
their heir
severally,
A
CONTRACT BOND -CALIFORNIA
FAITHFUL PERFORMANCE -PUBLIC
WORK
Bond No. LA -102097
Initial premium charged for this
bond is $ 90.00 subject to
adjustment uporr completion of
contract at applicable rate on
final contract'price.
BY THESE PRESENTS, That HEALTHPARK ASSOCIATES
as Principal, and the FREMONT
a corporation.arganized and existing
ws California and authorized to transact.surety
the State of California, as Surety, are held and firmly
ity of San Juan Capistrano, in the Sum Of FIVE THOUSAND AND
__ dollars M 000. ---) , for the payment w ereo ,
y to be made, sai Principal and Surety bind themselves,
administrators, successors and assigns, jointly and
irmly by these presents.
THE CONDITI N OF THE FOREGOING QBLIGATION IS SUCH, that WHEREAS, the
above -bound n Principal has entered into a Contract dated
19 , with the City of San Juan Capistrano to
o and perf rm the fUllowing world to wit:
NOW, THE
perform
shall be
Signed and
APPROVED
D
NOTE: A
Subdivision Monuments for Tract 12257
RE, if the above -bounden Principal shall faithfully
the provisions of said Contract, then this obligation
d: otherwise to remain in full force and effect.
this 26th day of November. 1985,
HEALTHPARK ASSOCIATES
Principal
TO FORM. by -1G=� AP l 17
FREMONT INDEMNITY COMPANY
Y
by
tea^T^^a^ y Garry J. C771n, ,Attorney -in -Fact
aaition to the face amount specified, there shall be included
costs and reasonable expenses and fees, including reasonable
attorney' fees, incurred by City in successfully enforcing such
obligatio , all to be taxed as costs and included in any judgment
rendered.
2. Said Surety, for value received, hereby stipulates and
agrees th t no change, extension of time, alteration, or modifi-
cation of the contract documents or of the work to be performed
thereund shall in any way affect its obligations or this bond,
and it do s hereby waive notice of any such change, extension of
time, alt ations, or modifications of the contract documents or
Of work be performed thereunder.
this 26th day of November 1985, at
California.
PRINCIPAL HEALTHPARK ASSOCIATES
(NOTARIZATION AND SEAL)
APPROVED AS TO FORM.
r
SURETY FREMONT INDEMNITY COMPANY
-
Harry J. C r.#f, Attorney -in -Fact
(NOTARIZA ION AND SEAL)
r`
{ . ��,, �f Ic- • BOND NO. LA -102096
PREMIUM; $4,6$0,00
SUBDIVISION FPtITHFUL PERFORMANCE BOND
• (GOVERNMENT CODE 5 66499.1) CO Py
Ilk)/� �1 .Q
REAS, the City Council of the.City of San Juan Capistrano,
State of California, and HEALTHPARK ASSOCIATES
(hereafter designated as "Principal"), have entered into a Sub- .
division Agreement whereby Principal agrees to install and complete
certain designated public improvements, which said Agreement dated
19 , and identified as Project Tract 12257 ,
is hereby referred to and made a part hereof; and
said Principal is required, under the terms of the
said Ag7ement; , to furnish a bond for the faithful performance of
said Ag
NAW, THEREFORE, we, the Principal and FREMONT INDEMNITY COMPANY
as Surety, are held firmly bound
unto the City of San Juan Capistrano (hereafter. called "Obligee"),
in the sum of TWO HUNDRED SIXTY THOUSAMD AND NO/100-----------($260,000.00)----------
Dollars, lawful money of the //United States, for the payment of
which sum well and truly_ _ta`be-.made. we bind ourselves, our heirs,
successos, executors and administrators, jointly and severally,
firmly b these presents.
N W, THEREFORE, the condition of this obligation is such
that if Principal shall promptly and faithfully perform said
improvements, then the obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives any rights,
if there by any, -to require that a demand be made first against
the Principal in the event of default.
IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in
KNOW
zorporation of
as
connection wit
or any of his i
materials, pro,
in, upon, for
be done, or fa:
surety or this
NOW, '
Principal, and
held firmly bol
corporation, is
($ 260,000.00 ----
payment of why.
our heirs, exe
severally, fir.
THE Ci
Principal, his
or assigns, or
provisions, pr
used in, upon,
to be done, or
for amounts du,
to such work o:
Division 5, Ch,
amended, that
exceeding the
brought upon t
by the court.
all persons, a
under said act
assigns in any
stipulates and
tion or modifi
be performed t
this bond and
extension of t
documents or c
Premium Included
BOND NO. LA -102096
LABOR AND MATERIAL BOND M6/tj wk
;L MEN BY THESE PRESENTS: That
COF1110
Lr (off,
B, the City of San Juan Capistrano, a municipal
)range County, California, has awarded to
�,__, License No. hereinafter
?r�.n' cipal" , a contract for Tract 12267
; and
, said Principal is required to furnish a bond in
the said contract providing that if said Principal,
its sub -contractors, shall fail to pay for any
sions, provender or other supplies or teams used
about the performance of the work contracted to
any work or labor done thereon of any kind, the
and will pay the same.
, we
HEALTHPARK ASSOCIATES
the penal sum off8/$�}nar, a
lawful money of the Unit
a sum well and tru3,y to be
ators, administrate=s and
ly by these presents.
, as surety are.
an Capistrano, a municipal
sixty t ousand and no DOLLARS
ed State of America, for
made we bind ourselves,
successors, jointly and
NDITION Or THIS OBLIGATION is such that, if said
or its heirs, executors, administrators, successors
sub -contractors, shall fail to pay for any materials,
vender, or teams, or other supplies or equipment
for or about the performance of the work contracted
for any work or labor done thereon,of any kind, or
.under the Unemployment Insurance Act with respect
labor as required by the provisions of Title 1,
.pter 3 of the Government Code of California as
he surety will pay for the same in an amount not
um specified in this bond and also in case suit is
.e bond, a reasonable attorney's fee to be fixed
This bond shall inure to the benefit of any and
mpanies and corporations entitled to file claims
so as to give a right of action to them or their
suit brought upon this bond.
R, the said surety, for value received, hereby
agrees that no change, extension of time, altera-
ation of the contract documents or of the work to
ereunder shall in any way affect its obligation on
t does hereby waive notice of any such change,
me, alteration or modification of the contract
work to be performed thereunder.
0
As a part of the obligation secured hereby, and in
tion to he face amount specified therefor, there shall be
)hided cos s and reasonable expenses and fees, including
BaSonable a torney's fees, incurred by City in successfully
enforcing su h obligation, all to be taxed as costs and included
in any judgm nt rendered.''
INIWITNESS WHEREOF three (3) identical counterparts of
this instrum
an original
and surety h
The name and
affixed and
repre5antati
PROVED AS
•.. QI&CM
Attorney
Page 2
nt, each of which shall for all purposes be deemed
hereof, have been duly executed by the Principal
rein named on the 26th day of November 19 85.
corporate seal of each corporate party being hereto
hese presents duly signed by its undersigned
es pursuant to authority of its governing body.
FORM.
HEALTHPARK ASSOCIATES
PRINCIPAL
By z %?
:9MMODTT INDEMNITY COMP
SURETY i
— i
B
Harry J. Corr Attorney -in -Fact
•
----> 2. FINAL MAP AND IMP
Cl
TRACT 12257
W itten Communications:
R port dated January 19, 1988, from the Director of Public Works, advising that
Tr ct 12257, located at the southeast corner of Rancho Viejo Road and Mission Hills
Dr ve, was ready for final approval. All necessary conditions of approval had been
m t, and all bonds and fees had been submitted and paid. A cash bond of $163,862
ha been submitted to guarantee completion of Rancho Viejo Road improvements.
Th Director of Public Works advised that the Improvement Agreement required the
de eloper to complete improvements by August 19th, and to begin work on the
pu lic improvements within 30 days of execution of the agreement. It was clarified
that $163,862 cash had been deposited in the City's account for completion of the
roaimprovements. Discussion ensued regarding the construction trailer. Council
wa advised that a permit had been issued for the trailer and that the developer was
on entitled to have the trailer on the site while pursuing the building permits.
It as moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
una imously carried to approve Final Map, Tract 12257 (Healthpark) by determining
tha the Final Map is in substantial compliance with the approved Tentative Map.
The Mayor and City Clerk were authorized to execute the Improvement Agreement
on ehalf of the City. The City Clerk and City Engineer were authorized to execute
the Map for recording. Staff was directed to send notice that the construction
trai er is to be removed from the site.
1. AMENDMENT TO CHAPTER 2, TITLE 9 OF THE MUNICIPAL CODE -
Report dated January 19, 1988, from the City Clerk, advising that the Ordinance
was ntroduced at the meeting of January 5, 1988, and was scheduled for adoption.
The Pity Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Buch eim, seconded by Councilman Friess that the following Ordinance be adopted:
NT TO CHAPTER
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2
"ADMINISTRATION" OF TITLE 9 "LAND USE" OF THE
MUNICIPAL CODE
-7-
1/19/88
January 19, 1988
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
Final Map and Improvement Agreement, Tract 12257 (Healthpark)
A
Tract12 57 has been reviewed and checked by the Engineering Division Staff and is
ready fo City Council consideration. The Final Map substantially conforms to the
Tentativ Map. That is, all the necessary conditions of approval required by the Planning
Commission on this portion of the Tentative Tract 12257, Healthpark, have been met.
The stanand bonds and fees have been submitted and paid. A location map is attached
for your lonvenience.
Staff has I been concerned that this project has not moved forward in a timely manner
since receiving City approval in 1985. Staff is recommending that the City Council,
requirecash performance guarantee which would provide the funds necessary to
complete the street improvements if a default were to occur. These funds would be used
should the public improvements not be completed within seven months of approval. The
Develope has submitted a cash bond of $163,862 to guarantee Rancho Viejo Road
PropertyOwner, Developer, Project Engineer, Project Architect, Project Landscape
Architect and Project Soils Engineer, Adjacent Homeowner Associations
COMMISS ON/BOARD REVIEW. RECOMMENDATIONS
Project h s been reviewed and approved by the ERB, Equestrian Commission, Traffic and
Transport tion Commission, and Planning Commission. The Improvement Agreement has
been exec ted by the Developer and the CC&R's have been reviewed and approved.
FINANCI L CONSIDERATIONS
All requir d fees have been paid and standard sureties posted. The project performance
guarantee has been posted in the form of a check in the amount of $163,862.
ALTERNATE ACTIONS
I. Ap'ro a Tract 12257 and Improvement Agreement.
2. Do no approve Tract 12257 and Improvement Agreement.
3. Requ st further information from Staff.
P4-
AGENDA TEM . •
January 1 , 1988
Page Two
RECOMMIENDATION
By motion, approve Final Map, Tract 12257 (Healthpark) by determining that the Final
Map is in substantial compliance with the approved Tentative Map. Authorize the Mayor
to execute the Improvement Agreement and authorize the City Engineer and City Clerk
to execute the map and direct the City Clerk to record the documents.
submitted,
Uj, S3
W. D.
WD
.0
6, 1989
■
f,�l. uuneum
nnunm 1961
1776
111
B
Mission Equity
27405 uerta Real, Suite 300
Mission Viejo, California 92691
Re: Release of Labor and Material and
Rancho Vieio Road at Mission Hill:
Dear
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESB
GARY L. HAUSDORFER
PHILLIP R. SCHWARTSE
CITY MANAGER
STEPHEN B JULIAN
Ili. WRON /11 '
1 / yy
0201-y-Nom
are certified copies of the following bonds held as surety for the above -
i project:
AMOUNT
1. Monumentation Bond $ 5,000
2. Labor and Material Bond 260,000
The project under these two bonds is completed and the bonds were released effective
December 23, 1988.
The F ithful Performance Bond for Public Improvements is to be held until
Novem r 15, 1989.
If you h ve any further questions, please do not hesitate to call.
Very tr ly yours,
Mary An°Hanover, CMC
City Clrk
cc: Director of Public Works
Director of Administrative Services
32400 PAiSEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171
0
28, 1988
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Mission Equity
27405 Puerta Real, Suite 300
Mission Viejo, California 92691
Re: Completion of Public Improvements - Tract 12257 (Health ark)
Gentlemen:
The City Council of the City of San Juan Capistrano at its regular meeting held
November 15, 1988, adopted Resolution No. 88-11-15-8, accepting the work
completed for the construction of public improvements in conjunction with Tract
1225. A copy of Resolution No. 88-11-15-8 is enclosed for your information.
The Faithful Performance surety for public improvements was extended to
November 15, 1989. Staff was authorized to exonerate the cash deposit in the
amou t of $163,862, and the Labor and Material and Monumentation sureties 35
days rom recording of the Notice of Completion. The Notice was recorded on
Nove ber 18, 1988; therefore, the sureties may be released on December 23,
1988.
you for your cooperation.
Very ruly yours,
it
MaryAnn Hanover, CMC
City Jerk
cc: Mission Hills Homeowners Association
all and Foreman
irector of Public Works
irector of Administrative Services
32400 P4SEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171
Anderson and An erson Insurance
2495 Campus Dri e I
Irvine, CA 927 5
Ser 2
INSURED C17Y
Mission Equit-y, Inc. JUAN CI
27405 Puerta R al, Suite 300
Mission Viejo, CA 92691
THIS CERTIFICATI. IS ISI
NO RIGHTS UPON THE CI
EXTEND OR ALTER THE
- DA.7C 11 A C)[:, - :'
31-88swb
Y AND CONFERS
)ES NOT AMEND.
COIMPANIES AFFORDING COVERAGE
LI:TrERR Y Scottsdale Ins. Company
NINE'Y B Fremont Compensation Insurance Co.
P SAowe— ---
LC�NO O
COMPANY p
LITTER
COMPANY E
LETTER
THIS IS TO CERTIFY THA
POLICIES :)F INSURANCE LISTED BELOW HAVE BEEN ISSUEDTC- THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY
REOUIREMiNT, TERM OR CONDITION OF ANY CONTRACT OR O7111ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED C MAY PE
AIN, THE INISURANCE AFFORDED BY THE POLICIES DESCRIBED I- EREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, ANO CONDI-
TIONS OF SUCH POLI :I
POLICY :FFECiNE POLICY SPIMTION UASIUTI' LIMITS IN THOUSANDS
CE POLICY NUMBER DATE IN'WDDlYY') BATE (MNDEWYI%` CH
^O
TYPE OF INSUFiA
TR
OCCURRENCE AGGREGATE
GENERAL
LIABILITY
BODILY
_
A
X
COMPREHENSIVE FORM
GLS 210014
9-1-88
9-1-89
INJURY
$
g
X
PREMISMOPERATIONS
PROPERTY
UNDERGROUND
DAMAGE
$
$
EXPLOSION A COLLAPS
HAZARD
X
PRODUCTS/COMPLETED
ERATIONS
-
X
CONTRACTUAL
cone
$1,noo,
$1111001X
ED
INDEPENDENT CONTRAC
ORS
_
X
BROAD FORM PROPER
DAMAGE
X
PERSONAL INJURY
PERSONAL INJURY
$1,00x,
AUTOMOBILE LIABI
ANY AUTO
ALL OWNED AUTOS
ALL OWNED AUTOS
HIRED AUTOS
NON OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBF
B WORKERS' COM
AND
EMPLOYERS'
,A_n4
PASS)
FORM
WP 88135458-05
• ii
R MLY
INJURY
(PER PERIDIA $
BURLY
INURY
(PER /[CRANK $
PROPERTY
DAMAGE $
BI A PD
COMBINED $
BI A PD
COMBINED I $ Is
STATUTORY
M
LIMIT)
tCRIPTION OF OPERATI NS/LOCT DNSN€HICLES/SPEGIAL IT MS
The Certifica a Ho Mr Ts addTtTonaI insured as their interest may appear for project known
as Healthpark Located Tract #12257, Rancho Viejo Rd., San Juan Capistrano, CA
City
of San J an Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
32400 Paseo A el anto MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
San Juan Capi trano, CA 92675 LEFT, BUT FAA.URE TO MAR SUCH NOTICE SHALL WPM NO OBLJGATM OR LIABILnv
Of AIW KIND UPON THE CO MPTY,ITS AGENTS OR REPRESENTATIVES.
AU R ESP E 1
DUM December 11, 1987
TO: File
FROM: � R. Anthony Foster, Engineering Assistant
SUBJECT: Bonds for Tract 12257 (Healthpark)
I have checked with Margaret O'Brien at Gemco Insurance (213-386-3131). The
Healthpa k bonds are still inforce and premiums have been paid through November, 1988.
cc: Dawn Schanderl
0A.C- vn t/t
\J7
ecc ..30
,W)')UCER
Anderson & nderson
Insurance B okers, Inc.
2495 Campus Drive
Irvine, CA 92715
INSURED
Mission Equ -ty, Inc.
27405 Puert Real, Suite 300
Mission Vie.o, CA 92691
THIS IS TO CERTIFY 1
NOTWITHSTANDING)
BE ISSUED OR MAY P
TIONS OF SUCH POL'
F TYPE OF INSU
0
1
GENERAL LIABILITY
A 1 I COMPREHENSIVE FO
-?/ 17188.
THIS CERTIFICATE IS ISSUED AS A MA R OF I ATION ONL VANE CONPERE
NO RIGHTS UPON fHE CERTIFICATI° HOLDER. THIS CERTIRCA"-E LYES NE IT AMEND
EXTEND OR ALTE R THE COVERAGE AFFORDED BY THE POLICIES BELOIY.
COMPANIES AFFORDING COVERAGE
C )MPANY A
LF TIER Scottsdale Insurance Co. Alexander Howden
C )MPANY
L-TrER B Fremont Compensation Insurance____-___
C )MPANY C
U iTTER
C )MPANY D -_^----
L ITER
C OMPANV E---�----
LETTER
POLICIES 1FINSURANCE LISTED BELOW HAI E BEEN ISSUEDTC THE INSURED NAMED ABOVE FOI I THE POLICY PERIOD INDICATED.
REOUIREMI NT, TERM OR CONDITION OF ANY CONTRACT OR OT iER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY
AIN, THE IN 1URANCE AFFORDED BY THE POI ICIES DESCRIBED I [EREIN IS SUBJECT TO ALL THE T ERMS, EXCLUSIONS, AND CONDI.
i.
ICE POLICY NUMBER POLICY I FFECTIVE PDL_CYIEXPIRATIDN LIA LIMITS IN THOUSANDS
DATE IN ,40NYp DA E MMNDM') EnCk -AGGREGATE
liCCl IHp.i.CF
EXPLOSION & COLLAPSE HAZARD
PRODUCTS"OMPLETE OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRA TORS
BROAD FORM PROPER DAMAGE
PERSONAL INJURY
AUTOMOBILE LIASI
ANY AUTO
ALL OWNED AUTOS
ALL OWNED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBF
B WORKERS'COM
AND
EMPLOYERS')
Project
PASS )
I THAN)
PASS
FORM
lthpark
ct #12257
B )DILY
GLS039017 9-1-37 9-1-88 JURY g_ g,
PHOPER
D IMAGE
WP87-135458-04
C)MBNED g� 1,000 $ 1,000
PERSONAL INJURY $ 1,000
ertificate Holder is Additional Insured as their interest
ppear as respects work performed for them by or on behalf
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
Clty of San Juan CdplSLrdnO PIRATION OJ,TE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 [IAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
32400 Paseo de 1 a n to LEFT, BUT FAII URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
San Juan Capi strano, CA 92675 1 OF ANY "D JPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Attn: Ton Oster AUTH IZED E'RESEaTATIJ _
B DLY
11 JY
ER
PPERSON)
:D
B MLY
II JURY
pER AWDENI)
16
F ROPER "Y
TAMAGE
$
EI&PD
C OMBINED
t
$
DI&PD
DOMBINED
;S
$
9-1-87
9-1-88
STATUTORY
$ 000 (EACH ACCIDENT)
,§L
000 (D(SEASE-POLICY LIMIT)
$ (DISEASE -EACH EMPLOYE
ertificate Holder is Additional Insured as their interest
ppear as respects work performed for them by or on behalf
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
Clty of San Juan CdplSLrdnO PIRATION OJ,TE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 [IAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
32400 Paseo de 1 a n to LEFT, BUT FAII URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
San Juan Capi strano, CA 92675 1 OF ANY "D JPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Attn: Ton Oster AUTH IZED E'RESEaTATIJ _
0
January 18, 1988
TO City Clerk's Office
FR M: John R. Shaw, City Attorn1�q
SUBJECT: Health Park Bonding
Health Park developer is in the process of bringing in new bonds for the
Ith Park subdivision map.
have indicated they will present a bond drawn on Pacific States
y Company. This is not on our list, but I have checked with the
any and hereby approve of the use of Pacific States Surety Company.
If you should have any questions, please advise.
W. D. Murphy, Public Works Director
Mark Gibson
Tony Foster
0
January P2, 1988
Richard
.Stenton
Healthy
rk Associates
27405 P
erta Real, Suite 300
Mission
iejo, California 92691
Re: Final Map and Improvement Agreement, Tract 12257
Dear MrJ Stenton:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The Citv Council of the City of San Juan Capistrano at its regular meeting held
January L9, 1988, approved the Final Map and Improvement Agreement for Tract No.
12257 (H althpark).
A fully Executed copy of the Agreement is enclosed for your records. The City's copy of
the Agreement has been forwarded to the County for recording.
Council also directed staff to pursue removal of the construction trailer.
If we can be of further assistance, please call.
Very
tru y yours,
Mary An Hanover, CMC
City Cle k
MAH/
cc: Director
of Public Works
Director
of Community Planning
and Development
Hor
ten Associates
Robert
Garrison, Mission Equity
Hall
& Foreman, Inc.
Lang
Lampert
He i
sberger & Heisch
G.
. Nicoll & Associates, Inc.
Mission Hills Ranch HOA
Malaspina HOA
Jess L. Frost
San Juan Corporate Plaza
Malaspina Corporation
J. Christopher Smith
P. Roger Guevara
32400 P�SEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
• 91 3 I mo/
30171 BRANDING IRON ROAD SAN JUAN CAPISTRANO, CALIFORNIA 92675
January 10,1988
Planning
Co mnisiion and k \-,e � <<
T I
City
Ccl�<c
Council of San Juan Capsitrano tjvee c"�
3240
1
Paseo Adelanto l� e we
k� c\
San
e
Juan Capistrano,CA 92675 w--•
�z v��u: v4
Dear
Sirs:
I have lived for almost fifteen years in the City of San Juan
Caps'trano.
During this time I have supported the city in its efforts
to maintain
an image of being an extra special city. For over four
years
I have had to witness ineptness from the developer of a large
parcel
of property located on Rancho Viejo Road and Mission Hills
Drive,
known as HealthPark. As I am a resident of Mission Hills
Ranch,
I drive by this particular property several times dailey.
At
e present time, this property is lying derelict, in a state
of d
srepair that would equal the city dump--if we had one! The
deve
oper has repeatedly changed directions as to his proposed dev-
elo
ent. In the meantime, we residents, direcl+ adjacent to the
site
seem to have no rights as to how the property is allowed to
look
in the insuing years. I feel that the city has not had the
best
interests of my properl and the effect that this project has ,lad
on my
neighborhood, in mind. After repeated calls, by me, to the
city,
the construction trailer was finally moved. It had never once
in four
years been used! The portable toilet still is along side
the
oad --- it is probably of some use to joggers, hikers or maybe
a desperate
motorist! In my opinion, this developer has used his
permits
to the hilt. It is time that some type of control is used
by the
city to guarnatee that this propert cannot and must not
look
like it presently does. I would hope that some kind of bond
has
been posted to cover expenses if the city had to return it to
its
natural state.
Several residents have expressed beliefs that because we sit
// on the
northern bounda the city ignores this problem as not being
X S',I�A,✓�/i
RECEIVED
L'iTY
JAN 12 1W
9
r-]
-lg� -rz4w
30171 BRANDING IRON ROAD SAN JUAN CAPISTRANO, CALIFORNIA 92675
very 'mportant. I choose not to believe this. Please do not
let is developer "pull the wool over your eyes" any longer.
Drive on by and see for yourselves what this mess looks like.
Would ou like this piece of property to be in your front yard?
Severa years ago, I was president of San Juan Beautiful
and we set standards for excellence and awarded honors to those
indivi uals who helped make our city beautiful. It is my hope
that y u, the elected and appointed leaders of our city, have the
same sire to protect and preserve the beauty of ALL of San Juan
Capis ano--not just the downtown. Get tough with these
develo rs who promise the city the moon and then deliver
nothin but graded empty lots that are eye sores.
Sincerely,
Margaret L. Chard
MLC/mll
CC: Mission Hills HOmewOners Association
TO
•
_Pt'REE
ission
UI 27405 Puerta Real, Suite 300
a y MISSION VIEJO, CALIFORNIA 92691
(714)643-5888
City or
Si -1 Snan •:..apie:trano
32400 Pas o Adelanto
Ca. 42675
WE ARE SENDING YO % Attached EJ Under separate cover via —
11 Shop dr wings [I Prints ❑ Plans
Ll Copy of etter ❑ Change order ❑
L IEUU& OF UM RM t 0UTR L
DATE Jog NO
ArrErvriorvl —
M:
ulrALtii Hanover, i_y C erk
aE
Hea7_thoark
❑ Samples
following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
2
val
❑
Tri roveRlent A�',ceernent - T"nct �i,;ned ',v ticalthpark ._
❑
For your
use
Associates anu notarized.
Approved as noted
❑
As reque
ted
❑
Returned for corrections
❑
For revie
and comment
F,❑
FOR BID
DUE
19
REMARKS
_'-T—
THESE ARE TRANSMI
ED as checked
below:
❑
For appr
val
❑
Approved as submitted
❑
For your
use
❑
Approved as noted
❑
As reque
ted
❑
Returned for corrections
❑
For revie
and comment
F,❑
FOR BID
DUE
19
REMARKS
_'-T—
Ell
COPY
❑ Resubmit copies for approval
L1 Submitcopies for distribution
❑ Return corrected prints
[� PRINTS RETURNED AFTER LOAN TO US
SIGNED:
If enclosures are not as noted, kindly notify us at once.
/// V
13acle / l -
0
January 18, 1988
Mary Ann Hanover, City Clerk
Tony Foster, Assistant Engineer Q
John R. Shaw, City Attorney % (Y
Health Park Matter
I received a call from Health Park Associates indicating that the face sheet
of he subdivision improvement agreement is inaccurate in that it lists as
the developer "Horsten Associates" as the contracting party.
Health Park people indicated that this is not accurate as the correct
doper's name is "Health Park Associates, a General California
Wil you please arrange to have a new face sheet typed out indicating the
na a of the developer.
If you have any questions, please advise.
f
RECOR ING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO
WHEN ECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of n Juan Capistrano
Office o the City Clerk
32400 P seo Adelanto
San Jua Capistrano, CA 92675
MARY-ANOVER,vCity er t
San Juan Capistrano, California
PROJECT: Final Map, Tract 12257
(Healthpark)
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of
the Gov rnment Code of the State of California, by and between the City of San Juan
Capistr o, a Municipal Corporation, hereinafter called the "CITY" and Healthpark
Associat5s, a general California partnership, whose mailing address is: 27405 Puerta
Real, Su to 300, Mission Viejo, CA 92691, hereinafter called the "DEVELOPER".
WITNESSETH:
WHEREAS, the CITY has conditionally approved Final Map, Tract 12257; and
WHEREAS, DEVELOPER desires to postpone the installation of the public
and/or rivate improvements for Final Map, Tract 12257 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 improvements for Final Map, Tract 12257 will be installed in
a timely manner; and
WHEREAS, the CITY has concerns that this project has not moved in a timely
manner nd is highly desirous to obtain the completion of the public improvements; and
WHEREAS, in order to achieve the completion of said public improvements, the
CITY is willing to move ahead cooperatively with the DEVELOPER with adequate
perform ce guarantees.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
I CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at its sole cost and expense, provide and furnish all
labor, m terials and equipment for the installation of improvements for Final Map, Tract
12257 sh wn on the Improvement Plans and Specifications approved by the CITY; all such
plans a specifications are on file in the office of the City Engineer and are
incorpor ted herein by reference. "Improvements" include: all off-site grading work;
paving o all streets, alleys and public service easements; construction of concrete curbs,
gutters, nd biketrail/sidewalks; installation of storm drainage and sanitary sewerage
facilities installation of underground conduit street lighting system; Installation of all
street si ns; the supplying and planting of all parkway trees; the installation of all
appurten nces; the furnishing of all engineering costs and services to do and complete
9 PRT Final Map, Tract 12257
said wo k; and to do and complete all other acts and obligations required by the CITY as
conditi of the approval of the project. The City Engineer shall determine the
estimat d 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 wa er mains and appurtenances and shall provide all labor and materials to connect
the sa a to existing mains and facilities of the Capistrano Valley Water District, in
accorda ce with all of the requirements of said District.
3. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinan a and resolutions as conditions of approval of Tract 12257 and the improvements
4. DEVELOPER shall provide the following sureties, all of which shall meet
the req irements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a
subdivis on faithful performance surety equal to the total estimated cost of work and
improve ents to be dedicated to the CITY; (b) a labor and materials surety equal to the
total es imated cost of work and improvements to be dedicated to the CITY securing
paymen to the contractor, any sub -contractors and persons providing equipment, labor
and/or aterials for and/or account of such improvements; (c) A Faithful Performance -
Public orks Surety in an amount equal to the total estimated cost of work to monument
tract bo ndaries, open space areas and public street center lines; and (d) a cash bond in
the na a of City guaranteeing completion of Rancho Viejo Road improvements
($163,86 ).
The surety bonds shall provide that CITY, as beneficiary, shall be entitled to
attorneys fees in the event that CITY is required to bring legal action to enforce the
terms of the surety.
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
improve ents which do not exceed ten percent (10%) of the total estimated cost set
forth in aragraph 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 by
Augustrted
988. This work shall be closely monitored by the City Engineer to assure
that Nileect follows the construction schedule as submitted by Mission Equity on
Decemb, 1987, attached herewith as Exhibit A. Should the DEVELOPER fail to
complet work by the scheduled date, the total project performance guarantee shall
be forfto the CITY. Following the failure of the DEVELOPER to meet the
schedule CITY shall additionally call the sureties to perform the required
7. DEVELOPER agrees that CITY may, without any notice, and at its sole
option, a anytime after the time for completion has passed, complete, or cause to be
complete ,all or any part of the said work, and DEVELOPER shall pay to said CITY,
upon de and, all of the cost of any of said work done by the CITY, its agents and
contract rs, or any of them, to complete all or any part of said work above the project
performa ce guarantee.
DEVELOPER agrees to pay CITY such sum as the Court may adjudge as
reasonabl for the legal services of any attorney representing the CITY in any action
0
PROST Final Map, Tract 12257
brought to enforce or interpret the obligations of this instrument, and such sum shall be
made a part of any judgment in such action against the DEVELOPER if such action is
determi ed in favor of the said CITY.
9. CITY, its officers and employees, except for their own acts shall not be
liable responsible for any accident, loss or damage happening or occurring to the
improve ents specified in this agreement prior to the completion and acceptance of said
improve ents by the CITY.
10. DEVELOPER shall perform all work in a safe workmanlike manner and
shall to such precautions as may be necessary to warn and protect the public from any
dangero s condition caused by the construction of said improvements.
11. DEVELOPER shall hold CITY, its officers and employees harmless from
any and 11 claims, demands, causes of action, liability or loss of any sort because of, or
arising o t of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors,
agents o employees in the performance of this agreement.
DEVELOPER shall maintain liability insurance in the amount of $1,000,000
single limit at all times during the life of this agreement, naming the CITY as
a
i2. Notwithstanding the specific time frame for completion of improvements
set fort in Paragraph 6, DEVELOPER shall begin work onub�licimme_royements within
30 days f execution of this agreement, and further, DEVELOPE— Rshall-progress with all
work of their project continuously and diligently until completion. "Continuously and
diligent l " is hereby defined to mean the absence of no work in progress on the site for
periods f 4 weeks or longer.
ATTEST:
IN WITNESS WHEREOF, the parties have executed this agreement as of
r 15. 1987.
AS TO FORM:
SJU�=OCT
`'
ANTHON.
BLAN , PAYOR
DEVELOPER, HEALTHPARK ASSOC.
BY
RICH R6R,—'jTENTON
GENERAL PARTNER
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LO*ATION
HEALTHPARK
TR 12257
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