Loading...
11-0215_VILLAGE ALIPAZ_Subdivision Improvement AgreementCity of San Juan Capistrano RECORDING REQUESTED BY: 32400 Paseo Adelanto San Juan Capistrano, OA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, OA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT TENTATIVE TRACT MAP 16168 This Space for Recorder's Use Only Title of Document: SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 16168 THIS AGREEMENT is made this '^T'^day ofiihixm^ 2011 between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation. State of California, hereinafter referred to as "City" and First American Title Company, a California Corporation whose mailing address is 2 First American Way, Santa Ana, California 92707, hereinafter referred to as "Subdivider": WHEREAS, the vesting tentative map application, previously owned by Village Alipaz, LLC. was conditionally approved by Resolution No. 05-11-01-04; and, WHEREAS, Subdivider is the current owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vesting Tentative Tract Map 16168, previously owned by Village Alipaz, LLC, and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Subdivider shall comply with all the conditions of approval set forth in City Council Resolution No. 05-11-01-04 for Tentative Tract Map 16168 and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such works of improvement shall include but not be limited to the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement. 1 Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements and 110% of the estimated cost of the water improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements and 110% of the estimated cost of the water improvements; and (ill) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). Ail Security instruments required by this agreement, with the exception of the Landscape and irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City Engineer shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of improvement and Subdivider's delivery to City of the Warranty Bond for Works of improvement. City Engineer shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Securitv Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Cuide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstandingtheprovisionsof paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: Aftercommencementof construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events offeree majeure excepted. 3. Time of Completion: 4 3.3 Reversion to Acreage: In addition to-whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements setforth in California Covemment Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting tor Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the tact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy ail the conditions of approval set forth on the City approved tentative map tor the Property. Subdivider shall also perform ail work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of improvement in accordance with the plans and specifications on tile as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall compietq a functional or operable improvement or facility, even though the plans and specifications may not specificaiiy call out ail items of work required tor the contractor to complete its tasks, incidental appurtenances, materials, and the like, it any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineertor furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of 6 • any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act tor Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of aH work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, tor all survey monuments or tor any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by Citv: Subdivider shall at all times maintain proper facilities and provide sate access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of Inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of detective work subsequently discovered. 7 # # The date on which the Works ot Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to tile a Notice ot Completion with respect thereto. 13. Authority otthe City Engineer: All required improvements shall be constructed under the inspection ot and subject to approval otthe City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all ot the work to be performed under this contract it such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation otwork performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction ot the City Engineer before the final acceptance ot completed work and release ot security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability ot materials furnished and work performed, and all questions as to the satisfactory and acceptable tultillment ot the terms ot this Agreement by Subdivider and Subdivider's contraGtor(s). 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any otthe sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion otthe Works ot Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes ot this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent In the nature ot the work contemplated by this Agreement that some changes in the plans and specitications and related documents may be necessary during the course ot construction to adjust them to field conditions and to assure the protection ot the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor(s) in writing (by Correction Notice) at the time a determination has been made to require changes in the Works ot Improvement. No field changes performed or proposed by Subdivider or its Gontractor(s) shall be binding on City unless approved in writing by the City Engineer. 8 15. No Warranty by Citv: The plans and specifications and related documents for the Works ot improvement have been prepared by or on behalf ot Subdivider or its consultants or contractors, and City makes no representation or \A/arranty, express or implied, to Subdivider or to any other person regarding the adequacy ot the plans or specitications or related documents. 16. Liability tor Performance. Injurv or Damage: Neither the City nor any ot its ofticers or agents shall be liable to Subdivider or its contractors tor any error or omission arising out ot or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, tor any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision ot said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement ot any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence ot an insurance policy written upon a form and by a company (which meets with the approval ot City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any otthe work herein required to be done, including all costs ot defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 tor all damages arising out ot bodily injury to or death ot one person and not less than $1,000,000 tor all damages arising out of bodily injuries to or death ot more than one person in any one occurrence; and not less than $500,000 tor all damages and/or destruction ot property in any one occurrence and not less than $750,000 tor all damages and/or destruction ot property during the policy period. Said policy shall be in favor ot Subdivider or its contractors and ot the City, its ofticers, agents, and employees and shall be maintained in full force and effect during the lite ot this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing ot such cancellation. The Subdivider hereby releases and agrees to defend, indemnity and hold the City harmless from and against any and all injuries to and deaths ot persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject 9 property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths ot persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance ot said work. 18. Liability ot Subdivider: The Subdivider agrees that the use for any purpose and by any person ot any and all ot the streets, easements and improvements herein specified shall be at the sole and exclusive risk ot the Subdivider at all times prior to final acceptance by the City otthe completed street and other improvements thereon and therein; provided that acceptance by the City shall In no way eliminate or lessen any ot the Subdivider's obligations or undertakings contained in this Agreement. The issuance ot any occupancy permits (it granted) by the City tor buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval ot any or all otthe required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay tor soil tests made by a reputable Geotechnica! consultant/firm to determine stability, gradation, bearing, and resistance value ot soils within the subdivision from which to determine the nature and design ot appropriate improvements. The Subdivider shall also pay tor all compaction and related tests necessary to determine that all till work and the utility trench backtill has been satistactorily placed. b. All service (including plan check and inspection). Impact and connection tees as established by City shall be paid tor each lot in the subdivision in accordance with the City Code. 0. Ail actual costs tor, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections ortinal inspection and acceptance ot any otthe Works ot Improvement until all City tees and charges have been fully paid, including, without limitation, charges tor applicable penalties and additional required inspections. 10 d. Subdivider shall compensate the City tor all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specitied "Time ot Completion" reterenced in paragraph 3 above. Said actual costs include: inspection of Works ot improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost ot said City services within torty-tive (45) days ot invoice date, or as determined by the City Engineer. 20. Relationship ot Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents otthe City, and that the contractors' relations to City, it any, are those ot independent contractors. 21. Certification ot Satisfactory Completion: Upon the satisfactory completion ot the Works ot Improvement by the Subdivider, the City Engineer shall certify that the Works ot Improvement have been satistactorily completed. 22. Repairs or Reconstruction ot Detective Work: It, within a period ot one year after City Council acceptance ot the improvement work performed under this Agreement, any ot the improvements or work done under this Agreement tails to tultill any ot the requirements ot this Agreement, or the specitications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt ot written notice from the City), repair or replace or reconstruct any detective or otherwise unsatisfactory part or parts ot the work or structure. Should Subdivider tail to act promptly or in accordance with this requirement, or should the exigencies ot the case require repairs or replacements to be made before Subdivider can be notified. City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost ot such repairs plus an amount equivalent to the current general City overhead costs. 23. Warrantv: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (1) year after completion and written acceptance thereof by the Public Works Director and by the Homeowner's Association respectively. Only the 11 warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: in any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of. City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 Citv Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: in the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange 12 • County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineertor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City Engineer. 13 IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an origipal thereof, have been duly executed by the ., 2011, the name and corporate Subdivider herein named on the (5 day of \lk}{{Uk{^ seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. First American Title Company, A California Corporation CITY OF SAN JUAN CAPISTRANO By: Curt A. Caspersen Executive Vice president Sam Aiievato, Mayor (Attach Notary Acknowledgement) Morris, CMp,\:ity Clerk APPROVED AS TO FORM: Attachment: Exhibit "A" 14 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On February 15, 2011 , before me, Maria Morris, Citv Clerk, personally appeared Sam Aiievato, Mayor, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acimowiedged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Title Subdivision Improvement Agreement - Tentative Tract Map 16168 Signer is Representing City of San Juan Capistrano Date of Document: February 15, 2011 Number of Pages: 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On _^ f)u^- 3) ZCill before me, Date personally appeared Here Insert-Name and Title of (hj/ Officer ) Name(s) of Signer(s) 1 III-...^-^ KAREN DAHL Commission* 1811650 Notary Pubiic - California | Orange County jT Comm Expires Sep 26.2012 \ who proved to me on the basis of satisfactory evidence to be the person(8f whose namefgjr is/gn^ subscribed to the within instrument and acknowledged to me that he/sh6/tbey executed the same in his/h^/tbeff authorized capacityiiesf, and that by hls/J>ef/ttJ^r signature(8j on the instrument the person(^or the entity upon behalf ot which the persoij^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ot the State ot Calitornia that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and otticial seal. Signature. KJ) OL\JLA^I OPTIONAL signature of Notary Pufclicj Though the information beiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages:. Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Titie(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Tltie(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box2402»Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Tcll-Free 1-800-876-6827 SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16168 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Grading Erosion and Silt Control Street and Related appurtenances Storm Drain Sanitary Sewer Water and related appurtenances (110% of Improvement Cost) Total above Improvements Landscaping and Irrigation Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division $37,000 $ 18,424 $23,350 $29,414 $ 113,188 $31,335 15