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1978-0216_BELFORD TERRACE_Subdivision AgreementRECORDING REQUESTE BY AND WHEN. RECO R -NG FEES EXEMPT DUE TO RECORDED RETURN T GOVEVNT CODE SECTION 6103 -CITY OF SAN JUAN ISTRANOEXEMPT Office of the City Clerk C9 32400 Paseo Adelanto MARY ANN OVER, City Clerk San Juan Capistrano, CA 92675 San Juan Capistrano, California 21004 ` SUBDIVISION AGREEMENT Tract No. 9382• T111S AGREEMENT, made pursuant to the provisions of Division 2 6f Title 7 Of the Government Code of the State of California, by and b@twoon the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, @@iaaftor called the "City" and BELFORD TERRACE whose mailing address is 14R41 Yorba Street, Tustin, California 92680 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. 9382 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 subsequent 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 approval of the said, tentative map, the Subdivider hereby undertakes, proz-ises and agrees as follows: 'r .1 1. Subdivider trill, at his (its) own cost and expense, improve said. tract by doing all t..ork.and providing and furnishing all labor, materials and equipment and makirg.all installations shown on the improvement plans -signed and approved by the City Engineer and specified by the 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 of 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 instal- lation of ali apnurrenances, contingencies and the furnishing of all engineering costs a. -d services to do and complete saie work, and to do and complete all oth.,r acts and obligations required by the City as condi- tion of the approval of the tentative subdivision. For purposes of this agreement, the City E:ineer 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 zind o_'= -site water mains and appurtenances and will provide all labor and material to connect the same to existing mains and faCiJI-ities of the Oranc-e County Waterworks District 94, and will comply all of the.requirements of said District, and with the plans and sp=c:ifications for said work sinned bv' and on file in the office of the :d„�ziger of said District, incorporated herein by reference. 3. Si•1•divider agrees to pay all applicable fees assigned by City. For yurpos,-s'of this agreement, applicable fees shall be defined as all frees that may be legally assessed through City's ordinances and resollltloils: as conditions or approving subdivider's sub:iivision and proposed improvements. 'C BK 12566PG 796 r Su,;divide- sha furrii :h one go<ic', and, .sul�cicnt bond in ordance with the proIsionn 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 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) 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 (103) 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 falidity of this agreement.or the obligations 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 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. . 'll. City, its officers and employees, except for their own acts, shall not•be liable or responsible for any accident, loss or dimage 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 dedicaticn_, offered on the final map of said tract to the completion and accep-.a1(�e of the improvements described herein, Subdivider shall perform 3i'1 .cork in a safe, workmanlike manner and- shall take such precautior_s map be necessary to warn and protect the public from any dangerous cozrz`_ition caused by the construction of said improvements. 13. Subdiviz2er shall hold City, its officers and employees harmless from any and alt. claims, demands, causes of action, liability or loss of any sort because of, or arisinq out of, the acts or omissions of the Subdivider, his contractor, subcontractors, agents or employees in the performance of this, agreement. -2- 0 BK 12568P6 797 Tract No. 9382 Executed at San Juan Capistrano, Califonria this 21st day of December 1977 ATTEST: San Juan apistrano City Clerk v APPROVED AND RECOMMENDED FOR EXECUTION: G City Engineer Manager.6f Orange County Waterwcrrks, District 44 SUBDIVIDER: BELFORD TERRACE, a General Partnership composed of: MAURE DEV LOPMENT By Rob rt E. t4aL , ) urer, President R. K. ELLIOTT CONSTRUCTION AND DEVELOPMENT COMPANY By Rob rtllliott, President ' Sr"n'I_.-_,` ,� �I�JIiM CITY OF S N JUAN CAPISTRANO • �. - ty YV O. HECKSCHER, MAYOR 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. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 30 M" 3 P M FEB 16 1978 Past J. WYLIE CARLYLE, County Recorder -3-