15-0317_DEVELOPMENT SOLUTIONS OAK, LLC_Subdivision Improvement Agreement- Tract 17441RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Maria Morris, CMC, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27333 & 6103
City of San Juan Capistrano
Recorded in official Records, Grange County
{ugh Nguyen, Clerk -Recorder
11111� NO FEE
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This Space for Recorder's Use Only
SUBDIVISION IMPROVEMENT
THIS AGREEMENT is made this P day of February 2015, between the CITY OF SAN
JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as
"City" and Development Solutions OAK, LLC, duly qualified to conduct business in the
State of California, whose principal place of business is 1302 Camino Del Mar, Del Mar,
CA 92014 (hereinafter referred to as "Subdivider"), concerning Final Map of Tract 17441
for the OAKS SUBDIVISION (hereinafter referred to as. "Subdivision"); the Final Map of
which was filed with the County of Orange on the 1 : , day of M, �A r ,
2015.
WHEREAS, the application by Tim O'grady of Davidson Communities Inc. for
approval of Tentative Tract Map No. 17441 were conditionally approved on February 18,
2014, by City Council Resolution No. 14-02-18-03; and,
WHEREAS, Subdivider is the owner the land depicted in Tentative Tract Map No.
17441, generally described as that certain parcel of land situated in the City of San Juan
Capistrano, Orange County, set forth on the Final Mala of Tract No 17441 (hereinafter, the "
Property") and Subdivider proposes to do and perform certain works of improvement on
the Property within the Subdivision as hereinafter set forth; and,
WHEREAS, City desires to assure that said proposed improvements will be done in
a good and 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 it is familiar with the pertinent regulations
contained in the City's Municipal Code and in the Subdivision Map Act (Government Code
Sections 66410 to 66500) and agrees to comply therewith; and,
WHEREAS, the Final Map of Tract No. 17441 prepared in accordance with the
City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City
Council; and,
NOW THEREFORE, in consideration of the approval and acceptance by the City
Council of City of said Final Map of Tract No. 17441 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:
. ................. ...........
General Re uirements:
Owner/Subdivider shall comply with all the conditions of approval that are applicable to the
Final Map of Tract No. 17441 set forth in City Council Resolution No. 14-02-18-03 and
shall, at its own cost and expense, provide all required tests, design work, equipment,
materials and labor in order to make or cause to be made all those works of improvement
in the Subdivision required by Title 9 Sections 9-4.101 through 9-4.405 (Subdivisions) of
the City Municipal Code (hereinafter referred to as "Code") and shown or described in the
improvement plans, specifications and cost estimates entitled, "The Oaks -Phase 3 Street
Improvement Plans and Storm Drain Plans Tentative Tract 17441 " and "The Oaks -In Tract
Phase 3 Domestic Water Plans and Sanitary Sewer Plans Tract 17441" which were
approved by the City Engineer on February 2, 2015, and the "The Oaks: Landscape Plans
for Shared Entry, Residential, and Ortega," a private plan set accepted by the City
Engineer on February 2, 2015. The Improvements within said Improvement Plans with
the associated costs of improvements set forth in Exhibit "A" (collectively, the "Works of
Improvement"), shall be completed to the satisfaction of the City Engineer. Such Works of
Improvement shall include all items depicted within Exhibit "A" and include, the placement
of curb markers at all proposed street catch basin inlet structures in accordance with the
National Pollution Discharge Elimination System (NPDES) requirement. Attached hereto
are Exhibit "A", marked "Works of Improvement Certification of Partial Completion of
Subdivision Improvements;" Exhibit B, marked "Schedule of Street Improvements;" Exhibit
C, marked "Schedule of Water Improvements;" Exhibit D, marked "Schedule of Sewer
Improvements;" Exhibit E, marked "Schedule of Drainage Improvements;" Exhibit F,
marked "Schedule of Landscape and Irrigation Improvements;" and Exhibit G, marked
"Schedule of Monumentaion;" all of which Exhibits are incorporated herein and made by
reference a part hereof. The Exhibits describe quantities, units and costs associated with
the improvements to be made.
2. Security:
A. Subdivider shall, at all times beginning with the execution of this agreement,
guarantee Subdivider's performance of this agreement by providing the City
with the following security instruments (the "Security Instruments"), as
required by the State Subdivision Map Act, on forms approved by the 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 as shown in
Exhibit "A"; 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 as shown in
Exhibit "A": and
(iii) A Subdivision Monument Bond in the amount of 100% of the
estimated cost of setting subdivision monuments as shown in Exhibit
",A "
B. In addition to the security instruments referenced in Paragraph 2(A) above,
Subdivider shall provide to the 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 the
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 to the City 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.
All Security Instruments required by this Agreement, 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 the City of the Works of Improvement and
Subdivider's delivery to the 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 the 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 Three of the California Civil Code. If lien claims have been timely
filed, the 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.
City Engineer shall release the Landscape and Irrigation Warranty Bond upon
Subdivider's written request following the expiration of the warranty period,
provided the City reasonably determines the landscaping is consistent with the
requirements of the warranty and the irrigation system is operable.
2.1 Form of Security Instruments. All Security Instruments shall meet the
following minimum requirements and otherwise shall be in a form
reasonably 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 Guide 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'
L!
fees and litigation expenses reasonably incurred enforcing its
rights under the Security Instruments.
3. Time of Completion:
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 Section
19 of this Agreement. In the event that Subdivider fails to complete the
Works of Improvement within said period or any approved extension, the City
may complete said Works of Improvement and shall be entitled to recover its
reasonable cost and expenses thereof from its surety as herein provided.
The City may require its 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 Maieure: Notwithstanding the provisions of paragraph 3 herein,
Subdivider's time for completion of the Works of Improvement shall
be extended for the period of any enforced delay due to
circumstances reasonably 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 Works of
Improvement required by City, and similar causes; provided, however,
that the period of any enforced delay hereunder shall not include any
period longer than sixty (60) 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: After commencement of 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 of force majeure excepted.
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
set forth in California Government Code Sections 66499.11-66499.20-
314. In this regard, Subdivider agrees that if none of the Works of
Improvement referenced herein have been completed 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.
4. Effective Date of Agreement:
This Agreement shall not become effective unless and until the Final Map of
Tract No. 17441 has been approved by the City Council and also accepted
for recordation by the County Recorder of the County of Orange.
5. Utility Deposits - Statement:
Prior to the commencement of any work to be performed within the area
delineated on the Final Map of Tract No. 17441, 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 any 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 Works of Improvement, give all
necessary notices and pay all fees and taxes required by applicable law.
7. Definitions and Ownership of Work of Improvements:
The term "Work of Improvements" includes all of the following, to the extent
required by the approved plans, specifications, and cost estimates within
Exhibit "A" through Exhibit "G" to this Agreement: on-site and offsite
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, and all other required facilities as shown in detail upon the
plans and specifications which have been prepared by the Engineer of
Record, RBF Consultants acting for Subdivider as approved by the City
Engineer. No work on said Work of Improvements shall be commenced until
this Agreement has been executed by the City. All required public Work of
Improvements constructed or installed pursuant to this Agreement shall
become the sole exclusive property of the City, without payment therefor,
upon acceptance of said Work of Improvements by the City Council.
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Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications,
completion of the Works of Improvement, 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 Works of Improvement or Subdivider's related obligations, if any, under
this Agreement. 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's Municipal Code and Standards. Subdivider
warrants to the City that its plans and specifications comply with said code
and standards and that they are adequate to enable the Works of
Improvement to be constructed and/or installed in a good and workmanlike
manner and in accordance with responsible construction practices.
In addition to the foregoing, Subdivider shall satisfy all the conditions of
approval set forth on the City approved Tentative Map No. 17441 that are
applicable to the property set forth on Final Map of Tract No. 17441.
Subdivider shall also perform all 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 file as
hereinbefore specified, or with any changes required or ordered by said
Engineer which, in his opinion, are reasonably necessary or required to
complete this work.
Subdivider shall notify the City regarding any property conveyance.
Subdivider shall also provide the City with the California Bureau of Real
Estate approved CC&R documents prior to recordation by the County of
Orange.
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 reasonably acceptable to the City Engineer (or
designee) and in full compliance with all applicable codes and the terms of
this Agreement. Subdivider shall complete a functional or operable
improvement or facility, even though the plans and specifications may not
specifically call out all items of work required for a contractor to complete its
tasks, incidental appurtenances, materials, and the like. If 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 Engineer for furnishing
of detailed instructions. In the event of any doubt or question arising
regarding the true meaning of any of the plans, specifications, or related
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documents, reference shall be made to the City Engineer, whose decision
thereon shall be final_
10. Superintendence by Subdivider.
Subdivider shall supervise the Works of Improvement, or have a competent
foreman or superintendent, satisfactory to the City Engineer, at the
Subdivision at all times during the performance of the Works of
Improvement, with authority to act for Subdivider. In the event the
Subdivider is not properly supervising the Works of Improvement, the City
Engineer may order suspension of all work within the Subdivision until the
deficiency is adequately corrected.
11. Repair and Rg lacements:
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,
for all survey monuments or for 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 reasonable approval of the City Engineer and
affected property owner.
12. Inspection by the C.ity.
Subdivider shall at all times maintain proper facilities and provide safe
access for inspection by the City to all parts of the work. The Subdivider
shall pay the cost of inspections. The 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 the City shall not relieve Subdivider of any
obligations to fulfill its obligations under this Agreement, 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 parks of the Works of
Improvement shall be construed as final acceptance of any part until the
overall final acceptance by the City is made. Final acceptance shall not
constitute a waiver by the City of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be that date on which the City Council accepts the improvements and
authorizes the City Clerk to file a Notice of Completion with respect thereto.
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13. .Authority of the City Engineer:
All required improvements shall be constructed under the inspection of and
subject to the reasonable approval of the City Engineer. Therefore, it is
mutually agreed by the parties hereto that the City Engineer shall have the
right to reasonably reject any or all of the work to be performed under this
Agreement if such work does not conform with the 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 of work performed under this Agreement shall be
repaired or replaced, by the Subdivider, to the reasonable satisfaction of the
City Engineer before the final acceptance of completed work and release of
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 of materials furnished and work performed, and all questions as
to the satisfactory and acceptable fulfillment of the terms of this Agreement
by Subdivider and Subdivider's contractor(s).
14. Changes in the Work:
The City Engineer, without invalidating this Agreement and without
notification to any of the sureties referenced in Section 2 of this Agreement,
may order extra work or may make changes by altering or deleting any
portion of the Works of Improvement as specified herein or as deemed
reasonably necessary or desirable by the City Engineer to accomplish the
purposes of this Agreement and to protect the public health, safety, and
welfare. It is mutually understood that it is inherent in the nature of the work
contemplated by this Agreement that some changes in the plans and
specifications and related documents may be necessary during the course of
construction to adjust them to field conditions and to assure the protection of
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 of
Improvement. No field changes performed or proposed by Subdivider or its
contractor(s) shall be binding on the City unless approved in writing by the
City Engineer.
15. No Warranty by City:
The plans and specifications and related documents for the Works of
Improvement have been prepared by or on behalf of Subdivider or its
consultants or contractors, and City makes no representation or warranty,
express or implied, to Subdivider or to any other person regarding the
adequacy of the plans or specifications or related documents.
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1E. Liability for Performance, Injury or Damage:
Neither the City nor any of its officers or agents shall be liable to Subdivider
or its contractors for any error or omission arising out of or in connection with
any work to be performed under this Agreement. Additionally, the City shall
not be liable to the Subdivider or to any other person, firm, or corporation
whatsoever, for any injury or damage that may result to any person or
property by or from any cause whatsoever in, on, or about the subdivision of
said land covered by this Agreement, or any part thereof.
17. Indemnifications and Release:
Prior to the commencement of any work pursuant to this Agreement,
Subdivider (if performing work itself) or Subdividers contractors shall furnish
to the City satisfactory evidence of an insurance policy written upon a form
and by a company (which meets with the approval of the City) insuring the
City, its officers, elected and appointed officers, agents, and employees as
additional insureds against loss or liability which may arise during the work or
which may result from any of the work herein required to be done, including
all casts of defending any claim arising as result thereof. Minimum general
liability insurance shall be not less than $2,000,000 per occurrence and not
less than $4,000,000 aggregate. Said policy shall be in favor of Subdivider or
its contractors, as primary insureds, and of the City, its officers, elected and
appointed officers, agents, and employees, as additional insureds, and shall
be maintained in full force and effect during the life of this Agreement,
including extensions. Said policy shall state by its terms and by an
endorsement that it shall not be canceled until the City shall have had at
least ninety (90) days' notice in writing of such cancellation.
The Subdivider hereby releases and agrees to defend (with legal counsel
selected by Subdivider and reasonably acceptable to the City), indemnify
and hold the City harmless from and against any and all injuries to and
deaths of 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 property and the premises adjacent thereto pursuant to this
Agreement, and also from any and all injuries to and deaths of 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 of said work.
18. Liability of Subdivider:
The Subdivider agrees that the use for any purpose and by any person of
any and all of the streets, easements and improvements herein specified
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shall be at the sole and exclusive risk of the Subdivider at all times prior to
final acceptance by the City of the completed street and other improvements
thereon and therein; provided that acceptance by the City shall in no way
eliminate or lessen any of the Subdivider's obligations or undertakings
contained in this Agreement. The issuance of any occupancy permits (if
granted) by the City for buildings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or
all of the required improvements in said subdivision.
19. Subdividers Expenses:
The Subdivider shall pay these additional expenses:
a. The Subdivider shall cause to be made and/or pay for soil tests made
by a reputable Geotechnical consultant/firm to determine stability,
gradation, bearing, and resistance value of soils within the subdivision
from which to determine the nature and design of appropriate
improvements. The Subdivider shall also pay for all compaction and
related tests necessary to determine that all fill work and the utility
trench backfill has been satisfactorily placed.
b. All service (including plan check and inspection), impact and
connection fees as established by City shall be paid for each lot in the
subdivision in accordance with the City Code.
G. All actual costs for, 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 or final inspection and acceptance of any of the
Works of Improvement until all the City fees and charges have been.
fully paid, including, without limitation, charges for applicable penalties
and additional required inspections.
d. Subdivider shall compensate the City for all actual costs reasonably
incurred in having its authorized representatives make the usual and
customary engineering services beyond the specified "Time of
Completion" referenced in paragraph 3 above. Said actual costs
include: inspection of Works of Improvement, engineer design
review, plan check and project development process. Subdivider
agrees to pay the cost of said the City services within forty-five (45)
days of invoice date, or as determined by the City Engineer.
20. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that
Subdivider's contractors are not agents of the City, and that the contractors'
relations to the City, if any, are those of independent contractors.
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21. Certification of Satisfactory Completion:
Upon the satisfactory completion of the Works of Improvement by the
Subdivider, the City Engineer shall certify that the Works of Improvement
have been satisfactorily completed.
22. Repairs or Reconstruction of Defective Work:
If, within a period of one year after the City Council acceptance of the
improvement work performed under this Agreement, any of the
improvements or work done under this Agreement fail to fulfill any of the
requirements of this Agreement, or the specifications referred to herein,
Subdivider shall without delay and without any cost to the City (upon receipt
of written notice from the City), repair or replace or reconstruct any defective
or otherwise unsatisfactory part or parts of the work or structure. Should
Subdivider fail to act promptly or in accordance with this requirement after
receipt of written notice from the City, or should the exigencies of the case
require repairs or replacements to be made before Subdivider can be notified
in writing, the City may, at its option, make the necessary repairs or
replacements or perform the necessary work and Subdivider shall pay to the
City the actual reasonable cost of such repairs plus an amount equivalent to
the current general the City overhead costs.
23. Warrantv:
Without limiting the foregoing, Subdivider warrants and guarantees:
materials used and workmanship performed on said Works of Improvement
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
or cause to be maintained all required landscaping in a healthy condition for
a period of one (1) year after completion and written acceptance thereof by
the Director of Public Works and Utilities. All security instruments shall be
submitted to the City in accordance with Section 2 of this Agreement. 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 the City for a default by Subdivider hereunder,
such remedy shall be in addition to, and not exclusive of, the City's
right to pursue any other administrative, legal, or equitable remedy to
which it may be entitled.
24.2 City's Right to Perform Work: In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event
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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
the City, or thereafter Subdivider shall fail to diligently pursue the cure
of any such default to completion, the 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 the 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:
26.
27.
Upon approval of the Works of Improvement by the City Engineer and
acceptance by the City Council, the Subdivider shall file with the Orange
County Recorder a Notice of Completion of the improvements herein
specified.
Filing of f 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 Engineer for
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.
Notices:
All notices to be given by the parties hereto shall be in writing and served by
depositing same in the United States Post Office, postage prepaid and return
receipt requested.
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Notices to the City shall be in duplicate and addressed as follows:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: City Clerk
or to such other location as City directs.
Notices to Subdivider shall be addressed as fellows:
Development Solutions OAK, LLC
1302 Camino Del Mar, Del Mar, CA 92014
Attn.: Tim O'Grady,
Title: Executive Vice President, Land Development
or to such other location as Subdivider directs.
2& Assignment:
This Agreement shall not be assignable by Subdivider without written
consent of the City, which consent shall not be unreasonably withheld.
29. Enforcement; No Third Party Beneficiaries: This Agreement may be
enforced solely by the City and Subdivider or its assignee. There are no third
party beneficiaries of this Agreement.
14
IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of
which shall for all purposes be deemed an origin ] thereof, have been duly executed by the
Subdivider herein named on the day of , 2015, the name and corporate
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.
-CITY OF SAN JUAN CAPISTRANO-
gy: Z
Dere g ve, Mayor
ty
APPROVED AS TO
By: Ak�'
ans Van 1tn, Cityttcir by
:s1 .
Development-§olutions OAK, LLC
Iry
Its: I
Authorized Signatory
(Attach Notary Acknowledgement)
(bAT ST: Kevin J. Hiniker
-1 f �__ Vica resident
Atta&hments: Exhibit "A" — Exhibit "G"
15
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California }
County of Orange ) ss.
City of San. Juan. Capistrano )
(Gov't Code 40814 & Civif Code 118 1)
On March 24, 201-5, before me, Christy Jakl Den Ci Clerk, personally appeared
Derek Reeve Mayor and flan "Van Le ten City Attorney, 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 acknowledged to nie that he/she/they executed the same in his/her/thy it 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)
WITNESS nay band and official. seal.
OPTIONAL
Capacity Claimed by Signers Description of Attached .Document
Title or Type of Document
Mayor
City Attorney Subdivision Improvement Agreement- Final
Tract Map 1.7441
Title
Signer is Representing
City of San Tuan Capistrano
ACKNOWLEDGMENT
A notary public or other office completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Ealifarn•ia- Kiavt j•N
County of
qta'',,j
On before me,
(here insert name and title of the officer)
personally appeared �u43)D C'k"N-s
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.
WITNESS my hand and official seal.
/Uhl
Signatur
�I
l 1 °?
i t3 ,y
16
Exhibit A
Uq1J*ffUA;�k#j15 W1,4115,1affil
Final Tract Map 17441,
I hereby certifiy that the following improvements in the Oaks Subdivision Final Tract Map
17441 have been completed, to wit,
Schedule of Improvements
Total Amount
Percent Complete
Remaining
Amount or Bond
Amounl__
Exhibit B Street Improvements
$
262,000,00
0%
$
262,000,00
Exhibit C Water Improvements
$
580,000m
0%
$
580,000,00
Exhibit D Sewer Improvements
$
490,000.00
0%
$
490,000.00
Exhibit E Drainage Improvements
$
169,000.00
0%
$
169,000.00
Exhibit F Landscape and Irrigation
$
879,000,00
0%
$
879,000.00
Exhibit G Monumentation
$
30,000,00
0%
$
30,000.00
Total Works of Improvement
$
2,410,000.00
The Performance Bond is for the amount of Two Million Four Hundred Ten Thousand
dollars ( $ 2,410,000,00 ).(100 % of Column 4)
The Laborers and Materialmens Bond is for the amount c Two Million Four Hundred Ten Thousand
dollars I_$ 2,416,000.00 ).(100 % of Column 4)
I estimate the total cost of completing the remainder of the in -Tract FTM 17441
agreed to be performed by the Owner and Subdivider to be:
Two Million Four Hundred Ten Thousand dollars ($ 2,410,000 ).
ff
DATED.,
DATED: T"
Subdivision Improvement Agreement
Oaks Subdivision, rTM 17441
ie
> M
5- No. 6500
t * Exp. 6130 _)j
()F CA
P�P
Victoria G Whitaker, RCE Number 65009
RBF Consulting
14725 Alton Parkway
Irvine, CA 92675
is
Steve Kooyman, P.E.
Assistant Public Works Director
I of I
Exhibit A
Exhibit 8
SCHEDULE OF STREET IMPROVEMENTS
Owner and Subdivider agree to irnprove all streets and roads Within the Final Tract Map
17441 of the Oaks Subdivision as required by the City in accordance with the plans and
specifications entitled "The Oaks -Phase 3 Street Improvement Plans and Storm Drain Pians Tentative
Tract No. 17441" thereof by the City Engineer on February 2, 2015, and as set forth in the following
Schedule of Street lrnprovements:
Item Description
Quantity
Units
Unit Cost
Total Cost
4"AC over8"AS
61,180
SF
$ 2,75
$ 168,245.00
Concrete Strip
4,950
LF
5 10.00
$ 49,500.00
Subtotal Street Improvement Cost (rounded 1,000)
10% Contingency
10% Soft Cost tCM, 4nsp, Survey, Admin)
Total Street Improvement Cost
$ 218,000.00
$ 21,800.00
5 21,800,00
$ 262,000.00
Surf RW ars Improvements Agreement
Oaks S, tbd ision, FTM 17441
t
%kFkQi3
M-MMMON
Owner and Subdivider agree to install the Water distribution system within the Final Tract
17441 of the Oaks Subdivision as required by the City in accordance with the plans and
specifications entitled "The Oaks -in Tract Phase 3 Domestic Water Plans and Sanitary Sewer Plans
Tract No. 17441" thereof by the City Engineer on February 2, 2015, and as set forth in the following
Schedule of Water Improvements-.
Item Description
Quantity
Units
Unit Cost
Total Cost
8" Mainline, w/Bedding & Backfill
2,605
LF
$ 120.00
$ 312,600,00
8" Valve, including 1 Raise
12
EA
$ 3,500.00
$ 42,000,00
Fire Hydrant Assembly, Complete
5
EA
$ 10,000.00
$ 50,000-07a
1" Air VacuumfAir Release Valve
1
EA
$ 3,000.00
$ 3,000-00
1" Private Water Service
32
EA
_K -T100.00
$ 35,200.00
Connect to Existing Line Including Valve
1
EA
$ 18,000.00
$ 18,000.00
Thrust Block
24
EA
$ 400.00
$ 9,600.00
8" Cap
I
EA
$ 150.00
$ 150.00
8" Fixtures
21
EA
$ 250.00
$ 5,250,00
Remove 2" Blow -off
I
EA
$ 200.00
$ 200.00
Backflow Preventer Service
1
EA
$ 5,000-00
$ 5,000.00
Casing
40
LF
$ 40.00
$ 1,600.007
Flex Coupling
2
EA
$ 250,00
$ 500.00
Subtotal Water Improvement Cost (rounded 1,000)
10% Contingency
10% Soft Cost (CM, Insp, Survey, Admin)
Subdivision Improvements Agreement
Oaks Subdivision, FTM 17441
$ 483,100.00
$ 48,310.00
$ 48,310.00
1 of 1
Eynbif' C
SCHEDULE OF SEWER IMPRQVEMENTS
Owner and Subdivider agree to install the sewer collection and disposal system within the
17441 of the Oaks Subdivision as required by the City in accordance with the plans and
specifications entitled "The Oaks -in Tract Phase 3 Domestic Water Plans and Sanitary Sewer Plans
Tract No. 17441' thereof by the City Engineer on February 2, 2015, and as set forth in the following
Schedule of Sewer Improvements:
Item Description
Quantity
Unit
Unit Price
Total Cost
8" PVC Main Line with Bedding and Backfill
2,365
LF
$ 120.00
$ 283,80000
48" Standard Manhole
14
EA
$ 7,500,00
S 105,00000
4' Sewer Lateral
496
LF
$ 1800
$ 8,928,00
60' Standard Manhole
I
EA
$ 10,000,00
$ 10,000,00
Concrete Encasement
I
EA
200.00
$ 200.00
2 Sack Concrete Slurry
2
EA
50.00
$ 100.00
8' Plug
2
EA
y 100.00
$ 200.00
SUB -TOTAL SEWER IMPROVEMENTS $ 408,220,00
10% Contingency $40,822,80
10% Soft Cost (CM, Insp, Survey, Admin) $40,622,80
TOTAL SEWER IMPROVEMENTS $ 490,000,00
Subdivision tmprovements Agreement loll
Subdivision, FTPfi, 17441 ExNblt D
r
SCHEDULE OF DRAINAGE IMPROVEMENTS
Owner and Subdivider agree to install the Drainage improvements within the Final 'Tract Map
17441 of the Oaks Subdivision as required by the City in accordance with the plans and
specifications entitled "The Oaks -Phase 3 Street Improvement Plans and Storm Drain Plans Tentative
Tract No. 17441" thereof by the City Engineer on February 2, 2015, and as set forth in the following
Schedule of Street Improvements:
Item Description
Quantity
Unit
Unit Price
Total Cast
18" HDPE, w/Bedding & Sand Backfill
230
LF
$
65.00
$
14,950.00
24" HDPE, w/Bedding & Sand Backfill
895
LF
$
70.00
$
62,650.00
36" HDPE, w/Bedding & Sand Backfill
160
LF
$
$5.00
$
13,600.00
Area Drain
1
EAE
$
250.00
$
250.00
Concrete Collar
2
EA
$
1,300.00
$
2,600.00
Modified Inlet Type 1
4
EA
$
4,000,00
$
16,000.00
Remove Brick & Mortar Plug
2
EA
$
300.00
$
600.00
Junction structure Type I
5
EA
$
4,000.00
$
20,000.00
Modified Junction structure Type 1
1
EA
$
5,000.00
$
5,000.00
Inlet Type V
2
EA
$
2,000..00
$
4.000.00
30" RCP Sleeve
12
LF
$
80.00
$
960.00
2 Sack Slurry
3
EA
$
50.00
$
150.00
SUB -TOTAL STORM DRAIN IMPROVEMENTS $ 140,760.00
10% Contingency $ 14,076.00
10% Soft Cost (CM, Insp, Survey, Admin) $ 14,076.00
TOTAL STORM DRAIN IMPROVEMENTS $ 163,000.00
Subdivision tmprovements Agreement 1 of 1
Oaks Subdivision, FTM 17441 Exhibit i_
SCHEDULE OF LANDSCAPE AND IRRIGATION IMPROVEMENTS
Owner and Subdivider agree to install the Landscape and Irrigation improvements within the
Final Tract Map 17441 of the Oaks Subdivision as required by the City in accordance with the plans
and specifications entitled " The Oaks: Landscape Plans for Shared Entry, Residential, and Ortega
thereof approved by the City Engineer on February 2, 2015, and as set forth in the following
Schedule of Landscape and Irrigation lrnprovernents:
Item Description
Quantity
Units
Unit Cost
Total Cost
Construction
Hardscape
9
EA
$ 12500
$ 1,125.00
AC Bike Path at SJC Trail
20,102
SF
$ 3,50
$ 70,357.00
Stabilized Decomposed Granite Walk
3,700
SF
$ 4 00
$ 14,800,00
Walls
21
EA
1 ,250.00
$ 26,250.00
6` Slump Block Waft with Sack Finish
11057
LF
$ 10000
$ 105,700,00
E.V.A. Gate
I
EA
$ 2,500,00
$ 2,500.00_
Retaining Wall at Ortega
6051
LF
$ 35.00
1 $ 21,175,001
Construction Total 214,532.00
Landscape
Trees
_Gallon)
Trees (15
9
EA
$ 12500
$ 1,125.00
Trees (24" box)
17
EA
20-000
$ 3,400.00
Trees (36" box)
13
EA
$ 70000
$ 9,100,00
Trees (48" box)
21
EA
1 ,250.00
$ 26,250.00
Trees (60" box)
15
EA
$ 2,500.00
$ 37,500.00
Trees (96" box)
1
EA
$ 8,500.00
$ 8,500.00
Relocate Boxed Oaks
12
EA
$12,000.00
$ 144,000..00
Shrubs - I gallon
7,082i
EA
$ 750
$ 53,115.00
Shrubs - 5 gallon
1,191
EA
$ 25.00
$ 29,775.00
Shrubs - 15 gallon
415
EA
$ 60,00
$ 24,900.00
Ground Covers
1,065
SF
$ 0.50
$ 532.50
Bark Mulch
80,303
SF
$ 0.25
$ 20,07515
Automatic Irrigation
Shrub Irrigation (spray -head)
90,195
_SF_
11.50
$ 135,292.50
180 Day Maintenance
90,195
SF
0,12
$ 10,823.417
Fine Grading and Soil Preparation
_ -- — -------------
80,303
SF
$ "I
. ..
$ 14,454,541
........ ..... ...
Landscape Total
Subtotal Landscape and Irrigation Improvements Cost
10% Contingency
10% Soft Cost (CM, Insp, Survey, Admin)
Total Landscape and irrigation Improvements Cost
517,718,69
732,250.69
73,225.07
73,225,07
3 * a .M
Subdivision Improvements Agreement I Uf 1,
Oaks subd l l,ion. FTM I 744' �Yhjhit F
Exhibit C
SCHEDULE OF MONUMENTATION
Owner and Subdivider agree to install the Survey Monuments within the Fina[ Tract Map
17441 of the Oaks Subdivision as required by the City in accordance with the Final Tract 17441
as approved by the City on February 2, 2015, and as set forth in the following Schedule of
Monumentation:
Item Description
Quantity
Units
€,Inst Cast
Total Cost
Monumentation
1
LS
$ 25,000.O0
$ 25,000.00
Subtotal Monumentation Cost $ 25,000.00
10% Contingency $ 2,500.00
10% Soft Cost (CM, Insp, Survey, Admin) $ 2,500.00
Total Monumentation Cost $ 30,000.00
Subdivision Improvements Agreement 7 of t
Oaks S€ fbdivision, FTM 17441 Exhibit t,