1980-1001_TORREAL INVESTMENTS_Subdivisions Agr0 i
Tract No. 11086
SUBDIVISION 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 TOREAL (ONTARIO) INVESTMENTS INC., an
Ontario corporation.
whose mailing address is 130 Bloor Street West, Suite 404, Toronto,
Ontario M5S 1N5 -
hereinafter called the "Subdivider."
WITNESSETH:
' THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City a tentative map for a proposed subdivision, known as
Tract No. 11086 , which has been conditionally approved by the
City Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsecuent to the acceptance and recordation of the final
map of said subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation of said improvements :within the time herein provided.
NOW, THEREFORE, in consideration of the premises and the approval
of the final map of said subdivision and the postponement of the time
to install such improvements, and to satisfy the said condition of
the aoorovai of the said tentative map, the Subdivider hereby undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its)' own cost and expense, improve said
tract by doing all work and providing and furnishing all labor, materials
and equipment and making all installations shown on the improvement plans
signed and approved by the City Engineer and specified by Che Specifica-
tions of the City of San Juan Capistrano, which plans and specifications
are on file in the office of the City Engineer and incorporated herein by
reference, including but not limited to, all grading work, paving cf all
streets, alleys and public service easements, construction of concrete
curbs, gutters, cross -gutters and sidewalks, installation of storm drainage
and sanitary sewerage facilities, installation of underground conduit
street lighting system, the installation of all street name signs, and
the supplying and planting of all parkway trees, together with the inssal-
lation of all appurtenances, contingencies and the furnishing of all
engineering costs and services to do and complete said work, and to do
andcompleteall other acts and obligations required by the City as condi-
tion of the approval of the tentative subdivision. For purposes of this
agreement, the City Engineer shall determine the estimated costs of said
improvements to be used for Surety devices as required herein.
2. Subdivider will, at his (its) own cost and expense, provide and
install all on-site and off-site water mains and appurtenances and will
provide all labor and material to connect the same to existing mains
and facilities of the Orange County Waterworks District 414, and will
comply with all of the requirements of said District, and with the plans
and specifications for said work signed by, and on file in the office
of the Manager of said District, incorporated herein by reference.
3. Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement, applicable fees shall be defined
as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
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4. Suldivider shall furnish one good andOfficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faithful
performance of this agreement.
5. Subdivider shall furnish two good and sufficient bonds in
accordance with the provisions of Chanter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
purposes: (a) an amount equal to the total estimated cost of the said work
and improvements to be dedicated to City, conditioned upon the faithful.
performance of this agreement, and (b) an additional amount equal to the
total estimated cost of the said work and improvements to be dedicated
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. 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 improvement which do not exceed ten percent (10%) of
the total estimated cost set forth in Item 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 Subdivider from
the faithful performance of this agreement.
7. Subdivider agrees to complete all of said work and improvement
and to pay all costs specified herein within a period of 365 days
from the date hereof.
B. it is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work and
improvement to be done under this agreement, said extension may be
granted by the Citv Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the falidity of
this agreement or the obligaticns hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and imorovemen.ts
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider acrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or anv part of the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of .them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as reasonable for the legal services of any attorney representing the
City in any action brought to enforce or interpret the obligations of
this instrument. and such sum shall be made a part of any judgment in _
such action against the Subdivider if such action is determined in favor
of the said City.
11. 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.
12. At all times from the acceptance by the City Council of the
dedications offered on the final map of said tract to the completion
and acceptance of the improvements described herein, Subdivider 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.
13, subdivider shall hold City, its officers and emolovees 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
Subdivider, his contractor, subcontractors, agents or employees in the
performance of this agreement.
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•ecuted at San Juan Capistrano, CC £ornia this 1st
day of October 19_ 80
ATTEST:
man Juan,Fppistrano City Clerk
APPROVED AND RECOMMENDED FOR
EXECUTION:
SUBDIVIDER*
TOREAL (ONTARIO) INVESTMENTS INC.,an
Ontario corporation
By
/ (Sign ure)
Ge/ d Shefsk
President and Secretary
(Office Held)
ItAy t A.'f1 CITY OF SAN JUAN CAPIST_RANO
City Engine-_ ��-
�Y By d
Yt�erworks,
tVED
L HAUSDORFER, MAYORer of Orang County PR TOFORM
District #4 � l¢'
KAZAKI, Y ATTORNEY
NOTE: Improvement Bond and Material and Labor Bond must be attached
to this agreement.
* Partnerships, joint ventures, and other corporate entities should
contact the. San Juan Capistrano City Attorney for acceptable form
or execution.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES)
On August , 1980 before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared Gerald Shefsky, known to me to be the President
-
and Secretary of the corporation that executed the within
Instrument, known to me to be the person who executed the
within Instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
-
WITNESS my hand and official seal.
OFFIC7WOLF
VICKI
\ NO TAW DU3+t/ LOS ANGUY comm. F
A
_,-
Wg
No ary Public in in and for
said County and State
14.
ION AND REDUCTION OF SURETY
(85) As set forth in the report dated January 4,
Director of Public Works, due to delays in
reduced sureties, the item was continued to
meeting.
\�IC(" -�)
1983, from the
issuance of
a future Council
0
AGENDA ITEM
January 4, 1983
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Continuance of Agenda Item E-14; Resolution, Notice
of Completion, Reduction of Sureties, Tract 11086
SITUATION
In processing a Notice of Completion and a Reduction of Surety
for Tract 11086, it is necessary that new surety be posted by
the developer for an incomplete drainage facility adjacent to
San Juan Creek and a maintainence surety to be held during
construction of the final phasing of residential units.
Due to holiday scheduling conflicts, new sureties will not be
issued until after the January 4, 1983 City Council meeting.
Therefore, Staff is requesting a continuance of this item for
rescheduling at a future City Council Meeting.
Respectfully submitted,
4dsftL
W. D. Murphy !/
WDM:CMB/nep
FOR CITY Cot INCV. AGENDA
32400 PASEO ASELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PFONC 493-1171
October 8, 1980
Toreal Investments, Inc.
2601 Ocean Park Boulevard, Suite 210
Santa Monica, California 90405
Re: Agreements for Tract 11086
Gentlemen:
At their meeting of October 1, 1980, the City Council
took the following actions with regard to Tract 11086:
(1) Approved the Agreement to participate in construction
of Camino del Avion improvements along the frontage
of Tract 11086 from Alipaz Street to 4001 easterly
of Avenida Descanso, in the amount of $154,733;
(2) Approved the Agreement for developer maintenance of
the landscaping within the public right-of-way
of Alipaz Street adjacent to Tract 11086; and
(3) Approved the Final Map and Subdivision Agreement
for the tract.
Enclosed for your files are fully -executed copies of
the Agreements. The Agreements have been forwarded to the Orange
County Recorder for recordation.
If you need additional information, please let us
know.
Very truly yours,
(MRS) MARY A-Iq 1 HANOVER, CMC
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
• � a
F# �.
5AN
d 0.Sj11 / ro
January 6, 1983
Toreal Investments, Inc.
2601 Ocean Park Boulevard
Suite 210
Santa Monica, California 90405
Gentlemen:
92675
Re: Resolution, Notice of Completion and Reduction
of Suretv. Tract 11086, Alipaz Street (Casitas del
At their meeting of January 4, 1983, the City Council
continued the item regarding the Notice of Completion and
Reduction of Surety for Tract 11086 for rescheduling at a future
City Council meeting, as requested by Staff.
Copies of the agenda and staff report will be forwarded
to you prior to the meeting.
Very truly yours,
MARY ANN HOVER, C
MC
City Clerk
MAH/na
cc: Director of Public Works