Loading...
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 a` z \/I a y a ���PASEO GpP 30 31 a W N 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 0 0 LO*ATION HEALTHPARK TR 12257 ROAD z a N a a R z PASEO O' Ig 30 31 t,