1979-0917_NAPOLI, JOHN_Agreement.
• BK
13409 PB 1 854
RECORDED AT THE REQUFST OF3
3 L�
RFCORDING FEES
EXEMPT DUE TO
AND RETURN TO:
V
GOVFFPNMM NT
CODE SECTION 6103
City of San Juan Capistrano
E�'!'::`:ioT
�4CL2i//�
Office of the City Clerk
L%' ✓ C
32400 Paseo Adelanto
C'3
Mary Ann H
nover, City Clerk
San Juan Capistrano, CA 92675
City of Son
Juan Capistrano, CA
AMENDMENT TO AGREEMENT OF
JULY 5, 1979
JOHN NAPOLI
(A.C. 78-2)
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUITY, CA'_II ORMA
9:05 A.M. NUI 27 1979
LEE A. BRANCH, County Recorder
1079
Effective Sept. i7, , the Agreement for Public
Improvements dated July 5, 1979, by and between the City of
San Juan Capistrano and John Napoli be and is hereby amended
as follows:
Section 5.
This section shall read as follows:
Subdivider shall furnish a financial
surety device in accordance with the provision
of Chapter 5 of Division 2 of Title 7 of the
Government Code, prior to the issuance of an
occupancy permit. Said financial surety to be
in the amounts and for the following purposes:
Section 7.
An amount equal to the total anticipated
costs for all grading work, paving of
streets, construction of concrete curbs,
gutters'and sidewalks to be dedicated
to the City, conditioned upon the faith-
ful performance of this agreement.
This section shall read as follows:
Subdivider agrees to complete all of said
work and improvements in Sections 1 and 2 herein, and
to pay all costs specified herein within a period of 182
days from the date hereof. This agreement shall become
null and void upon formation of Assessment District 78-1.
Except as specifically amended herein the provisions
of the Agreement of July 5, 1979, shall remain in full force
and effect.
0
Executed at San Juan Capist;-ano, California this
of _ .S&Pj-9m6", 1979.
ATTEST:
City Cork, San Juan Capistrano
APPROVED AND RECOWIENDED FOR
EXECI)TION :
City Engi
Mana ) , Orange ater
Work District #4
STATE OF CALIFORNIA
COUNTY OF--Q_RMGE__ j
APPROVED AS TO FORM
Jai✓ mes S. Okaza , City Attorney
=AjOHMSON
SEAL
HNcONCALIFORNIANTYEC 28, 1981
BK 13409 PG .1 855
1%? day
CITY OF SAN JUAN CAPISTRANO
James S. Mocalis, City Manager
SUBDIVIDER
JOHN NAPOLI
B/� r
n
office Held
Held
ss
On September 72 1979, before
lae, 'r.he undersigned, a Notary Public in
and for said State, personally appeared
John Napoli v
, known to me, to
be the person whose name is subscribed
to the within instrument and acknowledged
that he executed the same for the
purposes therein contained.
WITNESS my hand and official seal.
Cheryl A. Johnson
Notary Public in and for. saif.
State.
RECORDED AT THE REQUEST OF
Recording Fees Exempt Due to
AND RETURN TO: •
Go
-nment Code Section 6103
3 8
City of San Juan Capistrano
Office of the City Clerk
Mary A
Hanover, City Clerk
32400 Paseo AdelantoCity
olfSan
Juan. Capistrano, Ca
San Juan Capistrano, CA 92675
[--E—XEP.�PT
�q,�-
�8-z
C9
IMPROVEMENT A(;121;EP1T'N'I'
BK 13 2 4 8 PG
Tfil:' ACI:'.'l:hP[.'1', made pursuant to the provisions of Division 2 of
Title 7 oL tlut Government Code of the State of California, by and be-
tween the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation
herei.nrtfi er called the "City" and
who&e mai. a-itlg acdress is
JOHN NAPOL2
33252 Astoria, Dane. Point, CA 92629
hereinafter called the "Subdivider"
W I T I1 E S S E T H:
T11AT, WIIERi?AS, Subdivider has filed wit -i the Planning Commission
of the City, an ARC.iITECi'URAL CONTROL PROJECT known as A.C. 79-2
which has been conditionally approved by the City Council; and `
52
WHEREAS, Subdivider desires to postpone the public and private
impro ement requirn-d as a condition of approval of said project
until a time subsequent to the acceptance of said project, by enteri_!g
into an agreement and providing the improvement security required to
assure the furnishing and installation of sa:.d improvements within the
time herein provide,3.
NOW, 'THEREFORE, in consideration of the premises and the approvr.l,
of the said project and the postponement of the time to install such
improvements, and to satisfy the said condition of the approval of tl•�
said project, the St.baivider izcreby undertakes, promises and agrees
as follows:
1. Subdivider ;vill, at his (it^) own ccst and expense, imrnrove
said A. C. icy doing all work and providing and furnishing all labor,
materials and cquipmant and maki.nq all installations shown on the
improvement plans si-Ined and approved by the City Engineer and specified
by the SpeciiicatiDn.; of the City of Sart Juan Capistrano, which plan
and specifications z:�e on file in the office of the City Engineer anc
incorporated herein by reference, including ':ut not limited to, all
grading work, paving of all streets, alleys and public service easements,
construction of concrete curbs, gutters, cross -gutters and side'v.alks,
installation of stotm drainage and sanitary sewerage facilities,
installation of undcrc;round eo.dnit strce't lighting system, the
installation of all t.r.eet name signs, and t.ie supplying and planting
of all parkway trees, together with the installation of all appurte-
nances, contingencies and the furnishing of all engi.ncerinc costs
and services to do and complete said work, and to do and complete all
other acts and obl-.igat:i_ons re_quir.ed by the City as condi tion of the
approval of the said project. For purposes of this acireement, the City
Engineer shEill detcrmi.ne the estimated costs of said improvements to be
used for surety devic-es is requirco herein.
2. Subdivider will, at his (its) own cost and expense, provide
and install all on --sit- and off-site water mains and appurtenances
anQ will p)oviltc� all labor and material to connect the same to existing
mains and facilities of the Orarg® County Waterworks District 44, and
will_ con!p'ly with all oC the reclu:i.remonts of said District, and with the
plans and _;fx�ci fi.cat�_on>; for :;aid %'.'ork :�iclnc-d by, and on file in the
office of tAW f✓,,u!agea: of said Di:a-ri.ct, incolporate(I heroin by rcfere)ccs.
3. Subdivider <!clrces to pay all apil]_icrl+lc fcc•; by Cit, .
For o' this ;!pplicajhle f=ct •; shall be defined .ts a;.l
f(2e:; thin 111,1y be lccl,tlly throucih City':; ordinance:; and rer;ol--
112—iO!; atl ut oiq)]-Ubili"{ Sll])dlVl(t<`t':; }3U1?(ti-V.1.ki1011 'lnd propos4d
j wprov' °al(1I' [-:, . -
SK 1 3243 PG 53
4. subdivider shay- furnish one good and suf! Aent bond in
accordance with the provisions of Chapter 5 of Div,sion 7. 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 Chapter 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) on 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.
8. 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 City Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the validity of
this agreement or the obligaticns hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees 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 any 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 shail 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 acceptanco by the City Council of the
dedications uffored on the final map of said tract to the completion
and aceoptanco OV the imprnmomanEs doncribcd h,roin; suhdiWj v shnlJ,
perform all wort in a safe, workminliko manner and shall take such
precautions az may 'tn. necessary to warn and protect the public from any
dangerous condition caused by the constriction of said improvements.
13. Subdivider Osell. hold City, its officers and employees harmless;
fr(,,) 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 contcactor, subcontractors, agents or employees in the
per'dermance of this agreement.
-2-
0 • BK 13248 Po
A. C. it 78-2
Executed at San Juan Capistrano, California this 5th day
of July 19 79
AITE ST:
City Clc , San Juan Capistrano
APPROVED AND RECOMMENDED FOR
EXECUTION:
CITY OF SAN 1-UAN CAPISTRANO
By7�-+—-- = -
KENN�"PPI E. FRiESS, DIA-'Ol:
SUBDIVIDEI:
JOHN NAPGL
City Enginee-
T1ana , Orange County Water
Works District 44
APPROVED A5 TO FORM
y Attorney
STATE Or CALIFORNIA
COUNTY OF ORANGE ) ss
aOFFICIAL SEAL
RUTH E. MARQUARD
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires May 23, 1980
RECORDED IN OFFICIAL RECORDS
OF, ORANGE COUNTY, CALIFORNIA
9:05 A.M. JUL 30 1979
LEE A. BRANCH, County Recorder
ON June 25, 19 79 , before
me, the undersigned, a Notary Public in
and for said State, personally appeared
54
JOHN NAPOLI
known to me,
to be the person whose name is subscribed to
the within instrument and acknowledged that he
executed the same for the purposes therein
contained.
WITNESS try hard and cc:fficial sea'_.
RUTH E. MARQUARD
Nene typed or prini_ed -
Notaiy Public in and for
state.
_3_
BK 13248 PG
STATE OF CALIFORNIA,
SS.
COUNTY OF— Orange
55
City of San Juan Capistrano ON July 5, _ 1979 ,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
KENNETH E . FRIESS , known to me to be the
Mayor RMWt, and_ known to me
to be the_ _Secretary of City of San Juan
STATE OF CALIFORNIA, )
}
COUNTY OF— Orange ss.)
City of San Juan Capistrano
OFFICIAL SEAL
CHERYI A JOHNSON
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires DEC 28, 1981
ON July 6, —191 —9
before me, the undersigned, a Notary Public in and for the said State, personally appeared
known to me to be the
President, and__ MARY ANN HANOVER , known to me
to be the 3=r&*X City Clerk of San Juan
thyGorporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein 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.
_
theAorporation that executed the within Instrument, known to me to De One persons won
T
OFFICIAL.
`WL
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
PnARY A
C`![R
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
;JOIARY Pubi
L1FORVA
resolution of its board of directors.
OR,.
rY
WITNESS my hand and official seal.
t1, c^,•�,7.:, ;p ";
Ri'R 14, 1980
STATE OF CALIFORNIA, )
}
COUNTY OF— Orange ss.)
City of San Juan Capistrano
OFFICIAL SEAL
CHERYI A JOHNSON
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires DEC 28, 1981
ON July 6, —191 —9
before me, the undersigned, a Notary Public in and for the said State, personally appeared
known to me to be the
President, and__ MARY ANN HANOVER , known to me
to be the 3=r&*X City Clerk of San Juan
thyGorporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein 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.
The Resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to the County Recorder
within 10 days; payment was authorized to D. W. Contracting
in the amount of $2,144.16; payment of. the 10% retention was
authorized 35 days after recordation of the Notice of Completion.
S. RELEASE OF PUBLIC IMPROVEMENT BONDS - ARCHITECTURAL
CONTRdL 6-1—,3 1 CAMI:NO CAPISTRANO (ASHIK)
(ASSESSML:N'1' UISTRI. C'P 78-1)
(49) As set forth in the report. dated April 2, 1980, from the Director
(68) of Public Works, the following bonds for public improvements,
(74) required for construction of public improvements should
Assessment District 78-1 fail, are to be released immediately
following the 30-day collection period for Assessment District
78-1, which ends April 21st:
Labor and Material Bond No. 000416, in the amount
of $45,000, from Surety Insurance Company of
California, dated July 17, 1978;
Faithful Performance Bond No. 000416, in the amount
of $45,000, from Surety Insurance Company of
California, dated July 17, 1978.
6. RELEASE OF PUBLIC IMPROVEMENT BOND - ARCHITECTURAL
CONTROL 78-2, 32&41 CAMliiO CAPISTRANO (NAPOLI)
(ASSGSSMEN'I' DISTRICT 78-2)
V/( '38) As set forth in the report dated April 2, 1980, from the Director
of Public Works, the following surety for public improvements,
required for construction of public improvements should
Assessment District 78-1 fail, is to be released immediately
following the 30-day collection period for Assessment District
78-1, which ends April 21st:
Letter dated September 12, 1979, from the Bank of
America, advising that funds in the amount of
$42,000 are held on deposit to insure faithful
performance of public improvements related to the
Capistrano Car Wash, 32841 Camino Capistrano.
7. MODIFICATION TO ADMINISTRATIVE PROCEDURES, ENGINEER'S
AGREEML'NT (ASSESShiE N1' UISTI2ICT5 80-1. AND 80-2)
(38) Modification of the two engineering contracts with Wi].ldan
and Associates of. Anaheim, for Assessment Districts 80-1
and 80-2 to allow monthly payments for services, not to exceed
the previously approved lump sum compensation upon completion
of designated tasks, was approved.
REPORT OF TRAFFIC AND TRANS PORT_ATI ON COMMISSION MEETINGS
OF MARCH 6, AND MARCH 20, 1980.
(23) It was moved by Councilman Itausdorfer, seconded by Councilman
Schwartze and unanimously carried to receive and file the
Report of Actions taken by the Traffic and Transportation
Commission at the meeting of March 6 and March 20, 1980.
Councilman Thorpe requested that the Reports contain more
detail for clarification.
ACCEPTANCE OF PROPOSAL FOR SOILS INVESTIGATION SERVICES,
ASSESSMENT DISTRICT 60-2 �McC'lU1C Y6;N IIILL
(38) It was moved by Councilman Thorpe, seconded by Councilman
(74) Hausdorfer and unanimously carried to approve the proposal
submitted by Leighton and Associates of Irvine, at a cost
not to exceed $8,451., for preparation of a soils investigation
reportneeded to insure that necessary soils stabilization
activities are included in the preliminary cost estimate; the
Mayor and City Clerk were, authorized to execute the agreement
on behalf of the City, as SOL forth in the report dated
April 2, 1980, from the Director of Public Works.
-9- 4/2/80
t1l
BANKOFAMERICA
SAN JUAN CAPISTRANO BRANCH
September 12, 1979
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECEIVED
SEP 12 1147 84'7a
C!? Y 0
SAN AiAN
CAf'
Re: Parcel Map 1179, pages 26 and 27, Parcel 3
Records of Orange County, Document No. 34061
John A. Napoli dba Capistrano Car Wash
Property address: 32841 Camino Capistrano, San Juan Capistrano
Gentlemen:
Bank of America NT & SA hereby confirms that funds in the amount of
Forty-two Thousand and no/100 ($42,000.00) are held on deposit on
behalf of John A. Napoli, dba Capistrano Car Wash, principal, for
the benefit of the City of San Juan Capistrano, beneficiary to insure
faithful performance of public improvements in and related to Capis-
trano Car Wash, Parcel 3, in the City of San Juan Capistrano, County
of Orange, California.
It is agreed by the parties hereto that said funds are for the use
and benefit of the City of San Juan Capistrano, and in the event that
principal fails to complete and/or pay for said improvements as
required by the beneficiary, all funds in said account shall be im-
mediately available to the City of San Juan Capistrano, upon its order.
It is further agreed by the parties hereto that said funds will remain
pledged to the City of San Juan Capistrano until written release of
said pledge is granted by the City of San Juan Capistrano and received
by Bank of America NT & SA prior to that date.
Sincerely,
BANK OF RICA NATIONAL TRUST & SAVINGS ASSOCIATION
L. Casteel (Mrs.), Manager
The undersigned principal, John A. Napoli dba Capistrano Car Wash,
acknowledges, accepts and approves the terms contained herein, and
agrees to be bound thereby.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOQIATIO GrtNCR�STANO, CALIFORNIANIA9a75
0 0
AGENDA ITEM July 5, 1979
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement for Public Improvements, Car Wash - Camino
Capistrano (Napoli)
SITUATION
Assessment District 78-1, Camino Capistrano South, will provide
funding for all public improvements, including street, curb and
gutter, sidewalks and utility undergrounding. In order to insure
the installation of the public improvements in the event an
assessment district is not formulated, the City is requesting
Mr. Napoli, owner of the subject car wash, to sign an agreement
to provide bonds to that effect. Upon formation of an assessment
district, the City will release said bonds. Construction of the
improvements is scheduled to begin in September, 1979.
FINANCIAL CONSIDERATION
The property owners within Assessment District 78-1 will provide
all of the funding for the public improvements, including design
and construction.
ALTERNATE ACTIONS
1. Approve the attached agreement between Mr. Napoli and the
City of San Juan Capistrano; and authorize the Mayor to
execute the document on behalf of the City.
2. Do not approve the agreement between Mr. Napoli and the City.
3. Request additional information from staff.
RECOMMENDATION
By motion, approve the attached agreement between Mr. Napoli and
the City of San Juan Capistrano; and authorize the Mayor to execute
the document on behalf of the City.
\
Res ect lly subm ed,
VM r 2.
W. D. Mur
WDM:GA/tm
Enc.
FOR CITY COUNCIL AGENDA ........ �/
ell,
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 92675
PHONE 493"1171
October 31, 1979
Mr. John Napoli
33252 Astoria
Dana Point, California 92629
Re: Amendment to Agreement - A.C. 78-2
Dear Mr. Napoli:
Enclosed is a fully -executed copy of the Amendment
to the Public Improvement Agreement dated July 5, 1979, for
your files. A copy has been forwarded to the Orange County
Recorder for recordation.
If you have any questions, please do not hesitate to
call.
Very truly yours,
i C
(MRS) MA ANN HANOVER
City Clerk
MAH/cdc
Enclosure
cc: Director of Public Works
{+meg �..
3 400 PASEO; ADHLANYo; h
yy + I )
SAND •N '\^ ISTR ANO. CAtaFORNIA 92673
VHtSNe 453.I
July 18, 1979
Mr. John Napoli
33252 Astoria
Dana Point, California 92629
Re: Agreement for Public Improvements
Dear Mr. Napoli:
At their meeting of July 5, 1979, the City Council
took action to approve the agreement for public improvements
to provide bonds for the improvements. Upon formation of
Assessment District 78-1, the bonds will be released.
Enclosed is a fully -executed copy of the Agreement
for your files. A copy has been forwarded to the Orange County
Recorder for recordation.
If you have any questions, please let us know.
Very truly yours,
(MRS) MABY ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works