1980-1001_TOREAL INVESTMENTS INC_Agreement Amd32400 PASEO AOELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 92673
PHONE 493-1171
December 19, 1980
Toreal Investments, Inc.
2601 Ocean Park Boulevard, Suite 210
Santa Monica, California 90405
Re: Amendment to Agreement to Participate in
Camino Del Avion Improvements, Tract 11086
Gentlemen:
At their meeting of December 10, 1980, the City Council
took action to approve an Amendment to Exhibit A in an Agreement
dated October 1, 1980, between the City and Toreal Investments, Inc.
This revised Exhibit A reflects the City's equal share in the
storm drain improvements.
Please attach the enclosed revised Exhibit A to your
copy of the Agreement.
If you have any questions, please do not hesitate to
call.
Very truly yours,
MARY ANN RANOVER, CMC
City Clerk
MAH/jm
Enclosure
CC: Director of Public Works
M
S I AT F. 1: C!J. 11 OR t! 1A, BK 1 3787pe 1325
* Ora 5S.
My -of San Juan Capistrano
October 1 80
bl,fote nif, 1',o im,!,orsi ' -i�, J, �j tToLiry Pi f!x io siif for the S�!J PA,,, rN
GAPY f, IIAIJSr)01�FER
Klix;I to too to i � fl;
"I'tY to Inc it
to bo tfi� Sfvcljry Of -Ci tll- -o-f San Juall Caa. S trano
'-p
municipal
oYC41fjMsjJ 1113( C�[(Ut(d R0 w`HMlord, olottl koov] to o,e (0 to III, Pllson% Will
exccottd the vatlllo In Pi Vdf of the Cor,ulalun itercill
u thsf such Corp(,rjti(,o eXucott',1 The hisiw,T),,oit pursuant to ils bykil,,a; or a
OFFICIAL SEAL Tojliofi of its (it LiLcotors.
MARY ANN HANOVEf�,ljt ESS njy jj�[d and official seal.
NOTARY PUBLIC - CAt,!FOPNV-
rAy comm. exp
ZTPH OP
ss.
--_—_--
City of San Juan Capistrano
to-ber 1080
baoore It 2, the uiiC^rsigocd, a tlotny Patljc in and for the sa:d Sleto, ppfmni;lv
Uov'Ll to oo, to b, tl.e
Pi2si6u.,t, ard- I.Iary_ Ann Hanover 6noc„:) to file
to be thc-Citv Cler1W.,t,;,-,, ofCity of San Juan Caoistl alio
OFFICIAL SEAL municipal
S
CHERvI A JOHNSON 11h,11 ou'l `td 111C wilhit Instrument, I Lcw.n to %e to be diA fcrFo:is who
I
LN00TAffy PUBLIC -CALIFORNIA exclatud the w 1!ion eq lif of too corporahofi 1'erwo 1111110d, Z'j1d
COUNTY
ORANGE COUNTY to toI th"t execu(ed ilie wl',NIi InsihLim.cM puna to its bylnls or a
My comm. expires DEC 28, 1981 resolution of its b,,;;od of (firatofs.
VIM, SS ov” ha; 6 and official sal.
*a;y I'VAIC in and said, State.
To;" ?-,G - P.e, 166
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
EXHIBIT A
TRACT 11086
CAMINO DEL AVION PARTICIPATION
(REVISED)
Item
Quantity
Unit
Total Cost
Curb & gutter
760 L.F.
$ 6.46
$ 4,910.00
A.C.
804 T.
27.50
22,110.00
A.B.
2,836 T.
6.52
18,490.00
Street Light
2 ea.
2,562.00
5,124.00
Cross Gutter
1 ea.
3,344.00
3,344.00
Catch basin
L=3.5'
2,152.00 (1/2)
1,076.00
L=21'
4,043.00 (1/2)
2,021.00
18" R.C.P.
32 L.F.
52.50
1,680.00
36" R.C.P.
122.5 L.F.
92.50
11,331.00
Concrete Drive Approach
240 S.F.
2.45
588.00
Street Sign
2 ea.
95.00
190.00
Relocate existing guy pole L.S.
500.00
500.00
Clear & Grub
L.S.
12,000.00
12,000.00
Type V Junction Structure 1 ea.(1/2)
840.00
420.00
SUB -TOTAL
83,784.00
5% CONTINGENCY
4,200.00
3% ADMINISTRATION
2,600.00
9% SURVEY & ENGINEERING
8,000.00
TOTAL
$ 98,584.00
DATE: December 10, 1980
RECORDED AT REQUEST OF AND r
RETURN TO
City of San Juan Capistrano
^T^.AROED IN OFFICIAL RECORDS
f ORANGE COUNT, '7'5"FIIRNI4
4 ;q PM off 13 IMM
Recording Fees Exempt Due to
rvernment Code Section 6103
Office of the City Clerk
32400 Paseo AdelantoEE A.BRANS ksoordoeaI Mary Ann nover, City
San Juan Capistrano, CA 92675 _�_, �..-. San Juan Capistrano, CA
C12 20144
AGREEMENT FOR PARTICIPATION
IN CONSTRUCTION OF PUBLIC TMPROVEMENTS
CITY OF SAN ,JAN CAPISTRANO Tract 11086
THIS AGREEMENT made and entered into this lst day of -
October , 1980, by and between the City of San Juan
Capistrano, hereinafter designated as "CITY", and Toreal (Ontario)
Investments Inc., an Ontario corporation, hereinafter called "DEVELOPER"
W I T N E S S E T H:
WHEREAS, CITY desires to improve Camaino del Avion as a
cooperative project with the County of Orange through Project No.
1022 of said County's Arterial Highway Financing Prcgram (AHFP); and
WHEREAS, DEVELOPER desires to subdivide that certain pro-
perty designated as Tract 11086 by CITY; and
WHEREAS, as a condition of approval of Tentative Tract
No. 11086, DEVELOPER is obligated to construct.certain improvements
on Camino del Avion as delineated on Exhibit "A" attached hereto; and
WHEREAS, DEVELOPER and CITY agree that it will be mutually
beneficial to cause the aforesaid improvements to be constructed
through a single contract_
NOW, THEREFORE, CITY and DEVELOPER AGREE THAT:
1. CITY's Engineer shall estimate the cost of constructing
the improvements set forth in Exhibit "A"; such estimate shall in-
clude, among other things, costs of engineering administration,
survey and a ten percent contingency reserve.
2. DEVELOPER shall, prior to approval of its Final .dap for
Tract No_ 11036, provide a surety or guaranty, acceptable to CITY's
Engineer, bonding the construction of the aforesaid improvements.
3. Upon award of contract by the CITY the prorated contract
costs allocable to DEVELOPER shall be calculated from the success�ul
bidder's unit costs, and DEVELOPED. shall, within thirty days pay
r TrrY !-TnI �mni,nf- CTIP ('l =i Pri ,.rfi F-oiir+nn i -?.o c.. q -.s nr ... ..a-... ..411 L._
agpgS pup AqunoD pTvs
z03 pup uT OTTgnd AzpgoN
'-/W(fi * ?_ )TIO
6861 '8 AVW suldxa 'wwm FW
` AIN000 S3139MV Sol
vimMOV0 - onond AdVION p
4I0M 6 304DIA
'Itl3S liviD13.30
-Teas TPTDTJgO pup pupq Aui SSHNZIM
•szogoa=Tp 3o papoq sgT
}o uoTgnTosea a ao smeT-Aq s4T oq quunsand queumz}suT uTggTM
agq pagnoaxa uoTgvaodzoo Bons 4eg4 Gm oA pa5paT1,�oux0p pup.
'pauipu uTasagq uoTgpsodaoo aqq ;o 3Tvgeq uo }uawnzgsul uTggTM
aqg pagnoaxe oqM uosaad aqq aq oq aui oq umoux IquauinagsuI
uTg4TM aqg pagnoaxa gvgl uoT4paodaoo eqq 3o Aavgazoas pup
guapTsaad aqq aq oq aui oq um=j 'Axsjags pTvaaD paapaddp
�I
BK 1378, ?G'1324
EXHIBIT "A"
ESTIMATE OF IMPROVEMENTS
CAMINO DEL AVION - TRACT 11036_
NO. ITEM
1
Curb & Gutter
2
Sidewalk
3
Asohalt Concrete
4
Aggregate Base
5
Street Light
6
Cross Gutter
7
Catch Basin
8
18" R.C.P.
9
36" R.C.P.
10
Concrete Drive Approach
11
Street Signs
12
Relocate E::isting Guy Pole
13 Clear & Grub
14 Type V Junction Structure
QUANTITY
790 L.F.
3,400 S.F.
855 T
2,992 T
2 EA.
1 EA.
2 EA.
64 L.F.
245 L.F.
175 S.F.
3 EA.
L. S.
UNIT
$ 7.50
1.75
40.00
10.00
2,500.00
1,500.00
2,500.00
40.00
70.00
2.00
125.00
500.00
L.S. 12,000.00
1 EA. 3,000.00
Sub -Total
loo Contingency
Administration 30
Surveying & Engineering 11%
TOTAL
TOTAL
COST
$ 5,925,00
5,950.00
34,200.00
29,920.00
5,000.00
1,500.00
5,000.00
2,560.00
17,150.00
350.00
375.00
500.00
12,000.00
3,000.00
$123,430.00
12,343.00
4,070.00
14,930.00
$154,773.00
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES)
On August, 1960 before me, the undersigned, a
4. AMENDMENT TO AGREEMENT TO PARTICIPATE IN CAMINO DEL AVION
IMPROVEMENTS, TRACT 110,-& (rORFAL INVESTMENTS, ":C.)
�/(38) Written Communications:
(44) Report dated December 10, 1980, from the Director of Public
(83) Works requesting an Amendment to Exhibit A in an Agreement
(85) between the City and Toreal Investments, Inc. The developer
has requested that the City participate equally in the cost
of storm drain improvements. Staff also requests a reduction
In the amount of engineering participation since the developer
participated in the engineering design for street and storm
drain improvements.
Approval of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the Amendment to
Exhibit A in the Agreement between the City and Toreal
Investments, Inc., to increase -City participation in storm
drain improvements by $6,000; and to reduce the developer's
share of engineering costs, for a new cost to the developer
of Tract 11086 of $98,584.
-5- 12/10/80
9
AGENDA ITEM December 10, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Amendment to Agreement to Participate in Camino Del
Avion Improvements, Tract 11086 (Toreal
Investments, Inc.)
SITUATION
Staff is requesting an amendment to Exhibit A in an agreement
between the City of San Juan Capistrano and Toreal Investments,
Inc., the developer of Tract 11086. The developer has requested
the City share in the storm drain improvements by a split of
50/50. Staff has met with the developer and determines that this
would be a fair participation since both the City and the
developer are improving Camino Del Avion. Staff is also
requesting reduction in the amount of engineering participation
since the developer participated in the engineering design for
street and storm drain improvements.
FINANCIAL CONSIDERATION
The City's increase in participation for this project to amend
Exhibit A is approximately $6000. Funds for this additional
participation are budgeted in this project. The total amount of
participation from the developer shall be $98,584.00.
ALTERNATE ACTIONS
1. Approve an amendment to Exhibit A in an agreement between
the City of San Juan Capistrano and Toreal Investments, Inc.,
the developer of Tract 11086, in the approximate amount of
$6000.
2. Do not approve the amendment.
3. Refer the matter back to staff.
RECOMMENDATION
By motion, approve an amendment to Exhibit A in an agreement
between the City of San Juan Capistrano and Toreal Investments, Inc
the developer of Tract 11086, in the approximate amount of $6000.
Respectfully submitted,
. urpW. D. Murp
WDM:GA/pis
Attachment 1 A
FOR CITY COUNCIL AGENDA .. ... �--L{
• ' 32400 PASCO ADELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 9,675
►NONC 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:
V/ / (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
316 the landscaping within the public right-of-way
of Alipaz Street adjacent to Tract 11086; and
(3) Approved the Final Map and Subdivision Agreement
311 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.
MAII/c j
Enclosure
cc: Director of public Works
Very truly yours, �!
(MRS) MARY ATlN HA.IOVER, CMC
City Clerk
0
E
S. APPROVAL OF AGREEMENT TO PARTICIPATE IN CAMINO DEL AVION
IMPROVEMENTS, AHF'P 1022, TRACT 11086 (TOREAL INVESTMENTS, INC.)
%(38) The Agreement between the City and Toreal Investments, Inc.,
(44) for participation in the construction of the Camino del Avion
(83) improvements as a condition of approval of the tract was
(85) approved and the Mayor and City Clerk were authorized to
execute the agreement on behalf of the City. The Agreement
provides for developer participation in the estimated amount
of $154,733, as set forth in the report dated October 1, 1980,
from the Director of Public works. The City Clerk is to record
the Aqreement with the Orange County Recorder.
I0/ /iU
0 0
AGENDA ITEM October 1, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Agreement to Participate in Camino del Avion
Improvements, AHFP 1022, Tract 11086 - Toreal Investments,
Inc. (previously Cadillac Fairview)
SITUATION
Staff is requesting approval of an Agreement between the City and
Cadillac Fairview Homes West. This Agreement is to construct
improvements for Camino del Avion along the frontage of Tract
11086. The Developer will participate in the construction costs
for the improvement of Camino del Avion from Alipaz to 400 feet
east of Avenida Descanso. This project will also receive County
Gas Tax funding, Arterial Highway Financing Program. This project
will be advertised for bids in late September 1980.
FINANCIAL CONSIDERATION
The Developer's participation in the Camino del Avion improvements
is $154,733. These costs include construction, administration and
engineering.
ALTERNATE ACTIONS
1. Approve the Agreement between the City and Cadillac Fairview
Homes West.
2. Do not approve the Agreement.
3. Refer the matter back to Staff.
RECOMMENDATION
By motion, approve the Agreement to participate in the Camino del
Avion improvements between the City of San Juan Capistrano and
Toreal Investments, Inc. , and authorize the Mayor to execute
the Agreement on behalf of the City.
Respectfully submitted,
W. D. j�
W. D. Mur
WDM: GA/pjs
FOR CITY COUNCIL AGENDA ...
5