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1990-0821_HOBBS, DONALD_Improvement AgreementCity Copy RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelato San Juan Capistrano, CA 92675 � CHERYL RYL HN N, City Clerk San Juan Capistrano, California PARCEL MAP 88-402 IMPROVEMENT 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 DONALD G. and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan Capistrano, California, 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 Parcel Map 88-402, which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the 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 this agreement. 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, promises and agrees as follows: The Subdivider shall cooperate with the other Participants (owners of the benefiting properties) on a pro -rata share for the design and construction of private street improvements. (Reference i made to previous subdivision agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79- 862 and PM 106-19-20.) 2. The design of the following improvements shall be subject to the review and approval of the City Engineer: (a) Participants shall design and construct a private street from the proposed public cul-de-sac at the terminus of Via Estelita, connecting to the existing private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be removed as part of this improvement work. (b) Once the private street improvements have been completed, to prevent through traffic movements between Via Estelita and Avenida Evita (public portion), an emergency access barrier shall be installed at the northeasterly terminus of the cul-de-sac adjacent to the public portion of Avenida Evita. Improvement Agreement* Parcel Map 88-402 El (c) The above -noted improvements need not be installed until such time as the intersection of Del Obispo Street and Aguacate Road is signalized and the public street cul-de-sac at the terminus of Via Estelita is constructed. 3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of this common private street. 4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel map, no further subdivisions can be accommodated. 5. Subdivider agrees to participate with 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. 6. Prior to recordation, Subdivider shall deposit with the City Twelve Thousand ($12,000) Dollars. Said security is a proportionate share to augment the cost of work and improvements not to be dedicated to City but inspected by the City for conformance ($12,000 submitted on 8/13/90). The $12,000 cash deposit placed with the City at this time is a proportionate share of funds needed to construct the final private roadway connection to Via Estelita from Avenida Evita and may not be the entire amount needed. The cash deposit or certificate of deposit shall be held by the City and accrue interest at the current bank rates at the direction and discretion of the City. 7. 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 6 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. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion beyond August 30, 1991, of the work and improvements to be done under this agreement, said extension shall be requested from the City Engineer. 9. Subdivider agrees that City may, without any notice and at its sole option, cause to be completed, all or any part of the said work, and Subdivider shall forfeit the $12,000 security posted for 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 injury or damage that may result to any person or property by -2- 'Improvement Agreement Parcel Map 88-402 9 or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement or any part thereof. 12. At all times, Participants 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 employees 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. 14. This agreement does not negate, rescind or supersede any of the previous subdivision agreement or their requirements signed by the Hobbs's or other existing agreements by adjacent developers with unfulfilled present obligation. 15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon completion of the roadway to th satisfaction of the City. The interest is to be returned to the subdivider unless it should become necessary for the City to contract the roadway, in which case no accumulated interest shall be returned because of City administrative overhead. 16. Should the private street requirement be deleted by the City Council in the future, the deposit with accumulated interest shall be returned to the subdiveder, his assignees or beneficiaries. Executed at San Juan Capistrano, California, this 21st day of August 1990. ATTEST: Cheryl Johffsorf,City Clerk SUBDIVIDER DONALD G. AND MARY LOU HOBBS n Donald G. Hobbs Si natu Mary Lou Hobbs APPROVED AND RECOMMENDED FOR CITY OF SAU JUAN CAPISTRANO L.) Hausdorfer, Mayor 0 0 State of California On this the 151114da D[-e»'li7 y of�' 191s2, before me, Orange SS. County of - 0 the undersigned Notary Public, personally appeared Donald G. Hobbs ❑ personally known tome OFFICIAL SEAL p.proved to me on the basis of satisfactory evidence to be the person(4whose name L--3 (s)subscribed to the In 1JOTARY PUBLIC -CALIFORNIA within instrument, and acknowledged he-- a ORANGE COUNTY d9 that executed it. My wmm. expires OEC 13. 1993 WITNESS my hand and official seal. 1 —n ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cerfificate to another document. THIS CERTIFICATE Title or Type of Document I m provemant pgrePmPnt PM RR 4m MUST BE ATTACHEDNumber of Pages 3 Date ofDocumen8 DE IG �21/9U THE DOCUMENT DESCRIBED AT RHT, Signers) Other Than Named Above — Mary Lou Hobbs and City Staff 7120019 GENERAL ACKNOWLEi State of California Orange County of OFFICIAL SEAL EILEEN FEGTE' m NOTARY PUBLIC -CALIFORNIA O9ANGE COMM My comm. expires APR 15, 1991 SS. NO. pt NATIONAL NOTARY ASSOCIATION -8236 Remrrm Ave.• PO. Box ]184•Cario9a Park, CA 913807184 On this the � - ay of S�Z'/,17e 1Z 19?6-, before me, the undersigned Notary Public, personally appeared Mary Lou Hobbs [] personally known to me Aproved to me on the basis of satisfactory evidence to be the person(I) whose name 'P / :3subscribed to the within instrument,, and acknowledged that executed it. WITNESS myhandand official seal. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title or Type of Document Improvement Agreement,_PM a& - MUST MUST BE ATTACHED Number of Pages 3 Date of Document 8121 / 90 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Donald G. Hobbs and City staff N0. 201 7120 019 NATIONAL NOTARY ASSOCIATION • 8255 Remmet Ave. • PO. Box 7184 • Canoga Park, C4 91301-7184 0 CORPORATE ACKNOWLEDGMENT 0 NO, 202 Stateof California On this the Zlstdayof August tg 90beforeme, SS. County of Orange Cheryl A. Johnson the undersigned Notary Public, personally appeared Gary_l.. Ha>cdorfer , N personally known tome OFFICIAL SEAL ❑ proved tome on the basis of satisfactory evidence CNRyI. A..'C-ia°"<%'' �' to be the erson p (� who executed the within instrument as o ;$ NOTARY PUBLIC -CALIFORNIA �' Mayor or on behalf of the%,o��i�Fa+a herein oMNCE CDJ�NTY 1 LmunlclU My comm- expires DEC 13, - named, and acknowledged to me that the�dorporatl n executed it. WITNgSS my hand and official seal. ]120122 NATIONAL NOTARY ASSOCIATION • 23012 Venture Stvd. • PO. Box 4625 • Woodland Hills, CA 91365-4625 2 .1 1? -OUNTY OF 5 <Z 3 i=.RANGE LEE A. BRANCH COUNTY RECORDER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 10 COUNTY RECORDER: 630 N. Broadway, Rm. 101 P.O. Boz 238 Santa Ana, CA 92702 Telephone: 710834-2500 834-2500 September 13, 1990 We are returning UNRECORDED Improvement Agreement naming Hobbs together with your remittance of $none, Ck. No. none. The owners of the affected property must be named in the agreement. 4k/�b L c 4 3L �• _ < dU4 7 cr LEE A. BRANCH COUNTY RECORDER BBARBARA POWERS Deputy Recorder BP:7g 0 v OUNTY OF Gr�t p � Q 5 3 / RANGE '� LEE A. BRANCH COUNTY RECORDER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 COUNTY RECORDER: 630 N. Broadway, Rnn 101 P.O. Boz 238 Santa Ana, CA 92702 Telephone'. 714 ( 834-2500 October 25, 1990 We are returning UNRECORDED Improvement Agreement naming Hobbs together with your remittance of $none, Ck. No. none. In order to comply with California recording and indexing laws, the document must clearly name and identify the owners of the affected property. Also, the document should include the affected properties address or a meets and bonds description, in addition to the proposed tentative Parcel Map number. We must have an original document to record, a photo copy is unacceptable. Jo hfX l'' � i LL � LEE A. BRANCH COUNTY RECORDER o� P�, n By CYNTHIA L. VIALL j Recordable Document Examiner Supervisor CV:jg „�yjjy(�� /�. f City Copy RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adela San Juan Capistrano, CA 92675 ERYL HN N, City Clerk San Juan Capistrano, California PARCEL MAP 88-402 IMPROVEMENT 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 DONALD G. and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan Capistrano, California, 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 Parcel Map 88-402, which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the 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 this agreement. 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, promises and agrees as follows: The Subdivider shall cooperate with the other Participants (owners of _ the benefiting properties) on a pro -rata share for the design and construction of private street improvements. (Reference i made to previous subdivision agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79- 862 and PM 106-19-20.) The design of the following improvements shall be subject to the review and approval of the City Engineer: (a) Participants shall design and construct a private street from the proposed public cul-de-sac at the terminus of Via Estelita, connecting to the existing private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be removed as part of this improvement work. (b) Once the private street improvements have been completed, to prevent through traffic movements between Via Estelita and Avenida Evita (public portion), an emergency access barrier shall,be installed at the northeasterly terminus of the cul-de-sac adjacent to the public portion of Avenida Evita. Improvement Agreement* Parcel Map 88-402 (c) The above -noted improvements need not be installed until such time as the intersection of Del Obispo Street and Aguacate Road is signalized and the public street cul-de-sac at the terminus of Via Estelita is constructed. 3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of this common private street. Further Subdivision of Subject Parcel: Due to the design of the subject parcel map, no further subdivisions can be accommodated. 5. Subdivider agrees to participate with 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. Prior to recordation, Subdivider shall deposit with the City Twelve Thousand ($12,000) Dollars. Said security is a proportionate share to augment the cost of work and improvements not to be dedicated to City but inspected by the City for conformance ($12,000 submitted on 8/13/90). The $12,000 cash deposit placed with the City at this time is a proportionate share of funds needed to construct the final private roadway connection to Via Estelita from Avenida Evita and may not be the entire amount needed. The cash deposit or certificate of deposit shall be held by the City and accrue interest at the current bank rates at the direction and discretion of the City. The City Engineer of the ( alterations or additions t improvement which do not set forth in Item 6 above, for the proper completion safety and welfare of the shall relieve the Subdivider :ity of San Juan Capistrano may make such changes, the plans and specifications for said work and exceed ten percent (10%) of the total estimated cost as may be determined necessary and desirable by him if said work and improvement or as required for the public and no such changes, alterations or additions from the faithful performance of this agreement. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion beyond August 30, 1991, of the work and improvements to be done under this agreement, said extension shaii be requested from the City Engineer. Subdivider agrees that City may, without any notice and at its sole option, cause to be completed, all or any part of the said work, and Subdivider shall forfeit the $12,000 security posted for 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 injury or damage that may result to any person or property by -2- { Improvement Agreement • Parcel Map 33-402 or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement or any part thereof. 12. At all times, Participants 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 employees 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. 14. This agreement does not negate, rescind or supersede any of the previous subdivision agreement or their requirements signed by the Hobbs's or other existing agreements by adjacent developers with unfulfilled present obligation. 15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon completion of the roadway to th satisfaction of the City. The interest is to be returned to the subdivider unless it should become necessary for the City to contract the roadway, in which case no accumulated interest shall be returned because of City administrative overhead. 16. Should the private street requirement be deleted by the City Council in the future, the deposit with accumulated interest shall be returned to the subdiveder, his assignees or beneficiaries. Executed at San Juan Capistrano, California, this 21st day of August , 1990. ATTEST: & Lr_� Cheryl Johifsorr, City Clerk APPROVED AND RECOMMENDED FOR SUBDIVIDER DONALD G. AND MARY LOU HOBBS ) n Donald G. Hobbs (Sil(natu Mary Lou Hobbs CITY OF SAN JUAN CAPISTRANO neering'A uilding i TO FORM: P ity Attorney L.) Hausdorfer, Mayor If • F e U� VIA 4`• � TDA' 0 October 15, 1990 Ms. Barbara Powers, Deputy Recorder County Recorder P. O. Box 238 Santa Ana, CA 92702 Re: Subdivision Improvement Agreement/Recording Issue Dear Ms. Powers: 6eA- 9 ` MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Please find attached a copy of your memorandum dated September 30, 1990 indicating that the City's proposed recording of the subject Subdivision Improvement Agreement cannot be accomplished. The contents of the Subdivision Improvement Agreement affects only the owner of the property to be subdivided. This party is Donald G. and Mary Lou Hobbs. The Subdivision Improvement Agreement has an arrow pointing toward the clause "(owners of the benefiting properties)" as being the basis upon which you cannot record the instrument. I do not understand this as this paragraph simply references a reimbursement arrangement between other property owners (not having ownership in the Hobbs property). This should not be a basis for refusing to record this particular Subdivision Improvement Agreement. Can you please give me a call on this. Thank you. Ve my y s, JOHN .SHAW City Attorney J RS/ef cc: Ray Vincenti, Associate Civil Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 499-1171 V TY O F RANG E LEE A. BRANCH COUNTY RECORDER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 COUNTY RECORDER. 630N Broadway, Rm. 101 P O Box 238 Santa Ana. CA 92702 Telephone -7141834-2500 September 13, 1990 We are returning UNRECORDED Improvement Agreement naming Hobbs together with your remittance of $none, Ck. No. none. The owners of the affected property must be named in the agreement. LEE A. BRANCH COUNTY RECORDER B 2o;.,t=�WERS Deputy R�rr�rder BP:7g c c 3 c J LEE A. BRANCH COUNTY RECORDER B 2o;.,t=�WERS Deputy R�rr�rder BP:7g Copy 0 0 RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan fapistrano Office of the City Clerk 32400 Paseo Adelanto / San Juan Capistrano, CA 92675 HERYL HN N, City Clerk San Juan Capistrano, California PARCEL MAP 88-402 IMPROVEMENT 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 DONALD G. and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan Capistrano, California, 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 Parcel Map 88-402, which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the 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 this agreement. 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, promises and agrees as follows: The Subdivider shall cooperate with the other Participants (9%yDgrs of the benefiting properties) on a pro -rata share for the design and construction of private street improvements. (Reference i made to previous subdivision agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79- 862 and PM 106-19-20.) The design of the following improvements shall be subject to the review and approval of the City Engineer: (a) Participants shall design and construct a private street from the proposed public cul-de-sac at the terminus of Via Estelita, connecting to the existing private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be removed as part of this improvement work. (b) Once the private street improvements have been completed, to prevent through traffic movements between Via Estelita and Avenida Evita (public portion), an emergency access barrier shall be installed at the northeasterly terminus of the cul-de-sac adjacent to the public portion of Avenida Evita. Improvement Agreement! Parcel Map 88-402 41 (c) The above -noted improvements need not be installed until such time as the intersection of Del Obispo Street and Aguacate Road is signalized and the public street cul-de-sac at the terminus of Via Estelita is constructed. 3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of this common private street. 4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel map, no further subdivisions can be accommodated. 5. Subdivider agrees to participate with 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. prior to recordation, Subdivider shall deposit with the City Twelve Thousand ($12,000) Dollars. Said security is a proportionate share to augment the cost of work and improvements not to be dedicated to City but inspected by the City for conformance ($12,000 submitted on 8/13/90). The $12,000 cash deposit placed with the City at this time is a proportionate share of funds needed to construct the final private roadway connection to Via Estelita from Avenida Evita and may not be the entire amount needed. The cash deposit or certificate of deposit shall be held by the City and accrue interest at the current bank rates at the direction and discretion of the City. 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 6 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. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion beyond August 30, 1991, of the work and improvements to be done under this agreement, said extension shall be requested from the City Engineer. Subdivider agrees that City may, without any notice and at its sole option, cause to be completed, all or any part of the said work, and Subdivider shall forfeit the $12,000 security posted for 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 injury or damage that may result to any person or property by -2- Improvement Agreement • Parcel Map 33-402 _, or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement or any part thereof. 12. At all times, Participants 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 employees 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. 14. This agreement does not negate, rescind or supersede any of the previous subdivision agreement or their requirements signed by the Hobbs's or other existing agreements by adjacent developers with unfulfilled present obligation. 15. The $12,000 deposit may be paid to a contractor chosen by the subdivider upon completion of the roadway to th satisfaction of the City. The interest is to be returned to the subdivider unless it should become necessary for the City to contract the roadway, in which case no accumulated interest shall be returned because of City administrative overhead. 16. Should the private street requirement be deleted by the City Council in the future, the deposit with accumulated interest shall be returned to the subdiveder, his assignees or beneficiaries. Executed at San Juan Capistrano, California, this 21st day of August , 1990. ATTEST: Cheryl Jo so , City Clerk APPROVED AND RECOMMENDED FOR EXECUT14M g aAcLBuiioing TO FORM: ttorney SUBDIVIDER DONALD G. AND MARY LOU HOBBS 1Q� JA Donald G. Hobbs el A 1 (Signature) Mary Lou Hobbs CITY OF SA-NLJUAN CAPISTRANO By: L.) Hausdorfer, Mayor J� PROJECT LOCATION s AA I f uuwum '1961 1776 August 24, 1990 Mr. Donald G. Hobbs 31682 Avenida Evita San Juan Capistrano, California 92675 1 cc, 3 0 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCMMEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Approval of Final Map and Improvement Approval of Final Map and Improvement Agreement - Parcel Map 88-402- Parcel Map 88-402 Dear Mr. Hobbs: At their regular meeting held August 21, 1990, the City Council of the City of San Juan Capistrano approved the Final Map and Improvement Agreement for Final Map 88-402, noting that the Final Map was in compliance with the Tentative Map and in conformance with the Subdivision Map Act. The Map has been executed for forwarding to the County Recorder. The Improvement Agreement must have your original, notarized signature before it can be forwarded to the Orange County Recorder. When you are back in town, please stop by my office and 1 will be happy to notarize the document for you. If you have any questions, please let us know. Very truly yours, e� Cheryl Johnson City Clerk cc: Director of Engineering and Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 4 ? _OuNTY OF 5 <Z 3 jM,RANGE LEE A. BRANCH COUNTY RECORDER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 4G/, /c-2 7 COUNTY RECORDER: 830 K Broadway, Rm. 101 P O. Box 238 Sento Ane, CA 92702 Telephone: 7141834-2500 September 13, 1990 We are returning UNRECORDED Improvement Agreement naming Hobbs together with your remittance of $none, Ck. No. none. The owners of the affected property must be named in the agreement. Cr cj v— — — — — — Zoe ��1/� _ • //Z// BE A. BRANCH COUNTY RECORDER BEARBARA POWERS Deputy Recorder i I�I I � C)HP:jq �7/Jf -�d J �,, JO �56 PA September 11, 1990 d�,an 4At'vA,0xP11A n�xunxm � 1961 1776 Mr. Donald G. Hobbs 31682 Avenida Evita San Juan Capistrano, California 92675 Re: Improvement Agreement for Parcel Man 88-204 Dear Mr. Hobbs: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Enclosed for your records is a fully -executed copy of the Improvement Agreement for Parcel Map 88-402. The agreement was approved by the City Council at their meeting of August 21, 1990. The original agreement has been forwarded to the Orange County Recorder's Office. If you need any further information, please let us know. Very truly yours, Cheryl ohnson City Clerk Enclosure cc: Director of Building and Engineering Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 AGENDA ITEM August 21, 1990 TO: Stephen B. Julian, City Manager FROM: Ray Wellington, Interim Director of Engineering & Building SUBJECT: Approval of Final Map and Improvement Agreement, PM 88-402 (Hobbs) SITUATION Parcel Map 88-402 has been reviewed and checked by the Engineering Division Staff and is ready for City Council consideration. The map has been found to be in conformance with the Subdivision Map Act. All necessary conditions of approval required by Council Resolution 89-6-20-4 have been met. All fees have been submitted and paid. In addition, Mr. Hobbs has entered into a Subdivision Agreement to insure connection of Paseo Evita to Via Estelita. Copies of the Agreement, Conditions of Approval and a location map are attached for your convenience. NOTIFICATION Donald G. Hobbs, Property Owner Frank Blancaflor, Project Engineer Adjacent Property Owners, per attached list COMMISSION/BOARD REVIEW, RECOMMENDATIONS Project has been reviewed by ERB and the Planning Commission. FINANCIAL CONSIDERATIONS All known required fees have been paid. ALTERNATE ACTIONS 1. Approve Parcel Map 88-402 and Improvement Agreement. 2. Do not approve Parcel Map 88-402 or the Agreement. 3. Request additional information from Staff. FOR CRY COUNCI AGEND�X! E6 AGENDA ITEM • • August 21, 1990 Page 2 RECOMMENDATION By motion, approve Final Map 88-402 and the Improvement Agreement, based on the finding that the Final Map is in compliance with the Tentative Map, and both the Map and Agreement are in conformance with the Subdivision Map Act. Authorize the City Engineer and City Clerk to execute the Map. Authorize the Mayor and City Clerk to execute the Agreement. Direct the City Clerk to record both the Map and Agreement. RWIRAF:ssg 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 E RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 CHERYL JOHNSON, City Clerk San Juan Capistrano, California PARCEL MAP 88-402 IMPROVEMENT 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 DONALD G. and MARY LOU HOBBS, whose mailing address is 31682 Avenida Evita, San Juan Capistrano, California, 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 Parcel Map 88-402, which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the 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 this agreement. 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, promises and agrees as follows: The Subdivider shall cooperate with the other Participants (owners of the benefiting properties) on a pro -rata share for the design and construction of private street improvements. (Reference i made to previous subdivision agreements PM 88-419, PM 86-108, PM 89-199, PM 80-852, PM 79-853, PM 79- 862 and PM 106-19-20.) 2. The design of the following improvements shall be subject to the review and approval of the City Engineer: (a) Participants shall design and construct a private street from the proposed public cul-de-sac at the terminus of Via Estelita, connecting to the existing private cul-de-sac on Avenida Evita. Said private cul-de-sac shall be removed as part of this improvement work. (b) Once the private street improvements have been completed, to prevent through traffic movements between Via Estelita and Avenida Evita (public portion), an emergency access barrier shall be installed at the northeasterly terminus of the cul-de-sac adjacent to the public portion of Avenida Evita. Improvement Agreem* Parcel Map 88-402 • (c) The above -noted improvements need not be installed until such time as the intersection of Del Obispo Street and Aguacate Road is signalized and the public street cul-de-sac at the terminus of Via Estelita is constructed. 3. A maintenance agreement will bind the parcels of benefit to the ongoing costs of this common private street. 4. Further Subdivision of Subject Parcel: Due to the design of the subject parcel map, no further subdivisions can be accommodated. 5. Subdivider agrees to participate with 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. 6. Prior to recordation, Subdivider shall deposit with the City Twelve Thousand ($12,000) Dollars. Said security is a proportionate share to augment the cost of work and improvements not to be dedicated to City but inspected by the City for conformance ($12,000 submitted on 8/13/90). The $12,000 cash deposit placed with the City at this time is a proportionate share of funds needed to construct the final private roadway connection to Via Estelita from Avenida Evita and may not be the entire amount needed. The cash deposit or certificate of deposit shall be held by the City and accrue interest at the current bank rates at the direction and discretion of the City. 7. 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. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion beyond August 30, 1991, of the work and improvements to be done under this agreement, said extension shall be requested from the City Engineer. 9. Subdivider agrees that City may, without any notice and at its sole option, cause to be completed, all or any part of the said work, and Subdivider shall forfeit the $12,000 security posted for 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 injury or damage that may result to any person or property by -2- 13. Subdivider shall hold City, its officers and employees 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. It+. This agreement does not negate or supersede any of the previous subdivision agreement or their requirements signed by the Hobbes or other existing agreements by adjacent developers with unfulfilled present obligation. d5 The $12,000 cash deposit placed with the City at this time is a proportionate share of funds needed to construct the final private roadway connection to Via Estelita from Avenida Evita &a" not the entire amount needed. 1.4�' AA aW �6: The cash deposit or certiticate of deposit shall be hold by the City and accrue �//Interest at the current bank rates at the direction and discretion of the City. ` fig 17. The $12,000 deposit may be paid to a contractor chosen by the developer upon c( completion of the roadway to th satisfaction of the City. The interest is to be returned to the developer unless it should become necessary for the City to contract the roadway, in which case no accumulated interest shall be returned because of City administrailve overhead. 18. Should the roadway requirement be deleted by the City Council In the future, the deposit with accumulated interest shall be returned to the developers, their assignees or beneficiaries. Executed at San Juan Capistrano, California, this day of . 19L9: qo ATTEST: SUBDIVIDER Cheryl Johnson, ty er(Signature) APPROVED AND RECOMMENDED FOR EXECUTION: hector of Engineering and Building APPROV90 AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO by: L- I L CA[lE sE[ �i 4 J. Bradley Taylor 31652 Avenida Evita San Juan Capistrano, CA 92675 Bruce A. DeMenno 705 Marlin Drive Laguna Beach, CA 92651 Frank Blancaflor, R.C.E. M.F. Blancaflor 26519 Avenida Veronica Mission Viejo, CA 92692 Thomas 1. Lingo 31632 Avenida Evita San Juan Capistrano, CA 92675 Philip Clegg 1575 N. Main Street Orange, CA 92667 Edward J. White 31642 Avenida Evita San Juan Capistrano, CA 92675 James E. Stebbins 31681 Avenida Evita San Juan Capistrano, CA 92675 Agenda Item - August 7, 1990 M* Final Ma and Subdivision Agreement, PM 88-402 (Hobbs) James M. Spaulding Joe O. Smith Thomas J. Mothe 25711 Calle Aspero 31765 Aguacate 26001 Via Arboleda San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Gary C. Humphreys Harlan Rogers Robert E. Wolfsberger 26002 Via Arboleda P.O. Box 751 P.O. Box 1296 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92693 Edward M. Mazzarino John Harter Donald G. Hobbs 31722 Avenida Evita 31696 Avenida Evita 31682 Avenida Evita San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 J. Bradley Taylor 31652 Avenida Evita San Juan Capistrano, CA 92675 Bruce A. DeMenno 705 Marlin Drive Laguna Beach, CA 92651 Frank Blancaflor, R.C.E. M.F. Blancaflor 26519 Avenida Veronica Mission Viejo, CA 92692 Thomas 1. Lingo 31632 Avenida Evita San Juan Capistrano, CA 92675 Philip Clegg 1575 N. Main Street Orange, CA 92667 Edward J. White 31642 Avenida Evita San Juan Capistrano, CA 92675 James E. Stebbins 31681 Avenida Evita San Juan Capistrano, CA 92675