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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. -1- 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. -2- •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