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HomeMy WebLinkAboutCC 10 PAC BELL AG 10-06-86DATE: OCTOBER 6, 1986 CONSENT CALENDAR NO. 10 10-6-86 Inter- Corn TO: FROM: S U BJ ECT: WILLIAM A. HUSTO#, CITY MA#AGER COMMUNITY DEVELOPHENT DEPAR'I~ENT AMENDI~ENT ~1 TO PAC BELL AGREEMENT RECO~E#DED ACTION: Authorize the Mayor to sign the Amendment #1 to the Pacific Bell Agreement. BACKGROU#D: The City Council on March 18, 1985, authorized Pacific Bell to proceed with construction of the Edinger/Red Hill project subject to assurance of the payment of fees to the Circulation Improvement Fund for the Specific Plan No. 7 area. On April 15, 1985, an agreement was signed which set the fees at $583,752.00 for the first two buildings on the site. These fees were to be paid prior to the issuance of a Certificate of Occupancy. DISCUSSION: Pacific Bell is now requesting Certificates of Occupancy for the first building and wish to amend the agreement. This amendment will allow the posting of a Faithful Performance Bond (copy attached) which will insure payment of these fees. These fees for circulation improvements will then be due within fourteen days from the date the City adopts Specific Plan No. 7. Associate Planner MAC:em Planning Consultant Attachments: Faithful Performance Bond Agreement - April 15, 1985 Amendment #1 to Agreement INSURANCE C,.,WIPANY OF NORTH AMERICA, PHILA,.,,~LPHIA, PENNSYLVANIA 9ond No. KO 18 96 15 5P43 Premium: $730.00 CITY OF TUSTIN FAITHFUL PERFORMANCE BOND BUILDING PERMIT NO. 15688 AND 15687 EiF-4~28 WHEREAS, the City Council of the City of Tustin, a municipal corporation, State of California, and Pacific Bell, a California corporation (hereinafter designated as "Principal"), have entered into an Agreement dated as of April 15, 1985, and Amendment No. I thereto (hereinafter collectively referred to as "Agreement") whereby principal agrees to pay fees for circulation improvements. Said Agreement is attached hereto and:made a part hereof; and WHEREAS, said Principal is required under'the terms of said A~reement to furnish a bond for the faithful performance of said Agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF NORTH AMERICA as Surety, are held and firmly bound unto the City of Tustin (hereinafter called "City") in the penal sum of FIVE HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY TWO AND NO/IOOTHS DOLLARS ($583,752.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors~ executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heiPs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. AS a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alterations or addition to the terms of the Agreement shall in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alterations or addition to the terms of the Agreement. This bond shall remain in force for period of one (1) year from September 5, 1986. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named on this 5th Day of September, 1986. PRINCIPAL PACIFIC BELL, ~~ a Califo ia Corporation S URE~T-¥ INSUR.~.NCE COMPA.NY OF NORTH AMERICA By.-' Jume, LT' Baioni, Attorney-in-Fact 7 The 195~." doe~s hereby :- NORTH AMER~'CA. ~0~ the-said C0mpa. ny ~' m.me ~ature thereof, the og/a ~es(~['~gtanr Secret~rv and the seal of the a,~ authortz~ Reslde~bVm6e~Pres(d~ts. Resident u~.of ali ~uc~ WirineSs:on behalf ot me Compan~ ]nd mHm mm ;upon the.Co~<)o any ~se as though smgneo o~.the Cgm~y may ~..a~xe~:~,.~acs~mde on any poweF or o[ ~(e[tffving J~ .~nd th~;:.~t::of E~;~mpany may be afl xed by R~f~t~bn the By-Laws of the · e" JUN~~ ~i:":':B~Ni and ~GO RESKE, both of the City Sam Franci~c~,M St ate ' o f :~a:lifornia ...... - ' ':' ~,,' ' .' .' ~.', - ' , each individually if there be more than one ~amed, ~and l~[6['~t~orn~i~fa~;: to,'m~e; execute; seat and deliver on its behalf, and as its act and deed an~.'an~ ~l bonds?undert~kin~,'.f~co~niz~nces, contracts.and other writings in the nature thereof. And the execut~n o[ suc~'w:ritings m pursuance of these:presents', shall be as binding upon said Company, as fully an~a~ly as if they had been duly'executed a~d ~knowteoged by the regular~ elected officers o~ the Compeny at its principal o~ce. INWlTNESS WHEREOF the said ~ ~' Po~ Vice-President. ha~ her~nm .su~i~ his ~nd affixed the corporate seal of the said INSURANCE. COMPANY OF NO~H ~ERICA:.'th~'.- ;" ' ' "day Of M~ch 1983 MIC~L B. FO~i. v,ce-rres~aent .s~;6~~ ~~ 'N ~ ' - ; ss .... ~.. " ' ' Y · .~~'.." :,,",~..'".. ~ . .... :.:-.-..~?".~.~>~:,.',:',.~:..'. v .,..?:~ <... , '~'...~'~:-.~:. ~o~1 POWEE,.OF A~ORN~, 6f whicEzthe;foresoin~ is a iull t~e- and correct copy, sin f~t' _~.' ~nwim~s WhereOf~, F h&ve he~u~ subscrib~ my ~am~ as, ~ 5ecrea~ ~ 'a~ixed the 'corpb~ ['o~'C6r~ation, t~iS..-..:...~:..._:.'_...'~.~ ..... :~. day of ..._~p:%~e~ · · ~9: °0' ;-~ '."; ........ -- . . _ ', ~._~t' AGREEMENT THIS AGREEMENT, for the purpose of identification dated the April , 1985 is 15th day of BY AND BETWEEN AND Pacific Bell, a California corporation with mailing address of 177 East Colorado Blvd., Room 938, Pasadena, CA 91105, hereinafter referred to as DEVELOPER City of Tusttn, a municipal corporation with mailing address of 300 Centennial Way, Tustin, California 92680, hereinafter referred to as CITY WITNESSETH WHEREAS, DEVELOPER is required by Use Permit No. 84-20 and Planning Commission Resolution No. 2177 to contribute a fair share for the costs of circulation improvements within the area encompassed by the proposed Specific Plan No. ?, further identified as the area north and southerly of Edinger Street and westerly of Red Hill Avenue; and WHEREAS, DEVELOPER desires to proceed with construction prior to the adoption of the proposed Specific Plan No. 7 and related fee schedule for circulation system improvements; and WHEREAS, the parties hereto wish to set fort~ the terms of compliance with Use Permit No. 84-20; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. DEVELOPER shall pay Circulation ImproVement Fees for Use Permit No. 84-20 upon adoption of Specific Plan No. 7 and its related fee schedule by the City Council or the issuance of a Certificate of Occupancy, whichever is earlier. The amount of DEVELOPER'S fees attributable to Use Permit No. 84-20 shall be as established by the City Council with the adoption of Specific Plan No. 7, but in no event shall it exceed the rate of $2.60 per sq. ft. of building floor area plus any necessary adjustment caused by a change in the Consumer Price Index impacting the cost of public improvements between the date of adoption of a fee schedule and the payment of Circulation Improvement Fees. Agreement Pa¢tftc Be11/Ct~ of Tusttn page 3. DEVELOPER, as a condition for the tssuance of a butldtng permtt for the ftrst 1~o buildings wtthtn the project equalling 224,520 sq. ft., hereby agrees to pay to the ctty of Tusttn the sue of FIVE HUNDREO EIGHTY THREE THOUSANO ANO SEVEN HUNDRED FIFTY T~/O OOLLARS ($583,752) tn accordance wtth paragraph ! above. 4. CITY shall calculate and OEVELOPER shall pay Circulation I~provement Fees applicable to other proposed buildings on the stte at the ttme of adoptton of Spectftc Plan No. 7 or the tssuance of a butldtng perett, whichever t5 later. $. CITY shall tssue a butldlng perett for the ftrst t~o buildings of the proposed project as approved by Use Permtt No. 84-20 subject to all applicable laws and regulations. IN ~%TNESS INEREOF, the parttes hereto have executed thts Agreement on the dates set forth oppostte thetr respective signatures. O,te: (AcknOWledgement Attached) Fo~m Aalamved DATE: ~ ... / ~1'.. ee~,~' (AckaOWledgement Attached) PACIFIC BELL, a California Corporation TITLE CITY OF TUSTIN, a municipal, corporation TITLE: MAYOR AMENDMENT NO. i TO AGREEMENT DATED APRIL 15~ 1985 BETWEEN PACIFIC BELL AND CITY OF TUSTIN THIS AMENDMENT NO. i to the Agreement dated April 15, 1985, is made and entered into by and between PACIFIC BELL, a Califor- nia corporation (hereinafter referred to as "Developer"), and the CITY OF TUSTIN, a municipal corporation of the State of Califor- nia (hereinafter referred to as "City"). Developer and City are also referred to individually as Party and collectively as the Parties. RECITALS: This Amendment NO. 1 iS made with reference to the following facts among others: 1. The Parties executed the Agreement dated April 15, 1985, to permit Developer, prior to the adoption of Specific Plan NO. 7 and the related fee schedule for circulation improvements, to proceed with construction within the area encompassed by proposed Specific Plan No. 7, provided that Developer agreed to pay fees for the circulation improvements. Developer and City wish to amend the Agreement as to the first two buildings to permit Developer to post a bond or other form of security acceptable to the Director of Community Develop- ment prior to the issuance of'a Certificate of Occupancy, that will insure payment of the circulation improvement fees upon adoption of Specific Plan No. 7 and the related fee schedule for circulation improvements. AGREEMENT In consideration of the premises and mutual covenants here- in, the Parties agree to amend the Agreement as follows: 1. The following is substituted for and replaces Section 3 of the Agreement: "3. DEVELOPER, as a condition for the issuance of a building permit for the first two buildings within the project equalling 224,520 sq. ft., hereby agrees to pay to the City of Tustin the sum not to exceed FIVE HUNDRED EIGHTY THREE THOUSAND AND SEVEN HUNDRED FIFTY TWO DOLLARS ($583,752.00) in accordance with paragraph 1 above. DEVELOPER may either (1) pay the foregoing amount, or (2) post a bond (substantially in the form attached hereto as Exhibit "A") or other form of security acceptable to the Director of Community Development. In the event DEVELOPER elects to post a bond or other form of security as provided herein, actual payment of fees for circulation improvements shall be due within ~ourteen days from the date CITY adopts Specific Plan No. 7 and its related fee schedule for circu- lation improvements. 2. The signatories of this Amendment No. 1 represent and warrant that they have been appropriately authorized to enter into this Amendment No. 1 on behalf of the entity rom whom they sign. 3. This Amendment No. 1 is dated September 5, 1986, and is deemed effective as of that date. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to the Agreement on the date set forth opposite their respective signatures. Date: , 1986 PACIFIC BELL, a California corporation Ti'l::le: - L vies PRFS. CITY OF TUSTIN, a municipal corporation Date: , 1986 By: ATTEST: Mayor By. City Clerk APPROVED AS TO FORM: City Attorney,.City of Tustin Lois E. Jef~i LEJ:lw:D:8/13/86(6)