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:
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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.
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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.
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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
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