Resolution Number 17-12-05-08RESOLUTION NO. 17-12-05-08
DEVELOPMENT AGREEMENT ASSIGNMENT 17-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA DELEGATING AUTHORITY
TO THE CITY MANAGER TO CONSENT TO THE ASSIGNMENT
FROM PACIFIC POINT DEVELOPMENT PARTNERS LLC TO TOLL
BROS., INC. OF THE RIGHTS AND OBLIGATIONS UNDER THE
DEVELOPMENT AGREEMENT, SUBDIVISION IMPROVEMENT
AGREEMENTS, IMPROVEMENT AND REIMBURSEMENT
AGREEMENT, SOIL SUBSIDENCE AGREEMENT, WATER
FACILITIES AGREEMENT, AND ANY OTHER RELATED
AGREEMENTS FOR TRACTS 15609, 15687, AND 16782
WHEREAS, Pacific Point Development Partners LLC ("Pacific Point") is the
property owner of Tracts 15609, 15687, and 16752 ("Property") in the City of San Juan
Capistrano ("City");
WHEREAS, the Property is governed, in part, by at least seven agreements
between Pacific Point and the City (collectively, "Agreements"):
• Development Agreement: Amendment and Restatement of Development
Agreement for the Pacific San Juan Project dated July 16, 2004 (recorded July
12, 2004 as Instrument No. 2004-000624737) and any subsequent modifications
("Development Agreement").
• Subdivision Improvement Agreements for Tracts 15609, 15687, and 16752,
Respectively: (1) Amendment #1 and Restatement to Subdivision Improvement
Agreement for Tentative Tract Map 15609 dated April21, 2015 (recorded May 1,
2015 as Instrument No. 2015-000225902) and any subsequent modifications (2)
Amendment #1 and Restatement to Subdivision Improvement Agreement for
Tentative Tract Map 15687 dated April 21, 2015 (recorded May 1, 2015 as
Instrument No. 2015-000225899) and any subsequent modifications; and (3)
Amendment #1 and Restatement to Subdivision Improvement Agreement for
Tentative Tract Map 16752 dated April 21, 2015 (recorded May 1, 2015 as
Instrument No. 2015-000225903) and any subsequent modifications (collectively,
"Subdivision Improvement Agreements");
• Improvement and Reimbursement Agreement: Improvement and
Reimbursement Agreement dated July 20, 1999 (recorded August 9, 1999 as
Instrument No. 1999-0581258) and any subsequent modifications ("Improvement
and Reimbursement Agreement");
• Soils Subsidence Agreement: Agreement Establishing Soils Subsidence
Remediation Program dated November 1, 2004 (recorded November 9, 2005 as
Instrument No. 2005-000903228) and any subsequent modifications; and
1 12/5/2017
• Water Facilities Agreement: Water Facilities Agreement dated September 2,
2003 (recorded November 12, 2003 as Instrument No. 2003-00138204) and any
subsequent modifications ("Water Facilities Agreement");
WHEREAS, each of the Agreements provide that the Pacific Point may, subject
to the City's prior written approval, assign their respective rights and obligations
(Development Agreement § 4.2; Subdivision Improvement Agreements § 27; Soils
Subsidence Agreement§ 8.10(b); Water Facilities Agreement§ XI);
WHEREAS, the Agreements require Pacific Point to provide some form of surety
(Subdivision Improvement Agreements § 2; Soils Subsidence Agreement § 5; Water
Facilities Agreement§ VI);
WHEREAS, Pacific Point intends to sell the Property to Toll Bros., Inc. ("Toll
Bros.");
WHEREAS, Pacific Point has requested the City's written approval to assign the
respective rights and obligations of the Agreements, with respect to the Property, to Toll
Bros.;
WHEREAS, the City Council desires to delegate to the City Manager authority to,
on behalf of the City, approve assignment of the Agreements and any other related
agreements, with respect to the Property, from Pacific Point to Toll Bros.; and
WHEREAS, prior to the execution of the assignment from Pacific Point to Toll
Bros. of any of the Agreements or any other related agreements, Toll Bros. must
provide the appropriate placement sureties in forms and amounts approved by the City
Manager.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano,
California does hereby resolve, determine, and order as follows:
SECTION 1. Recitals . The foregoing recitals are incorporated into this Resolution
by this reference.
SECTION 2. Delegation. The City Council delegates to the City Manager
authority to, on behalf of the City, approve assignment of the Agreements and any other
related agreements, with respect to the Property, from Pacific Point to Toll Bros.
SECTION 3. Sureties. Prior to the execution of the assignment from Pacific Point
to Toll Bros. of any of the Agreements or any other related agreements, Toll Bros. must
provide the appropriate placement sureties in forms and amounts approved by the City
Manager.
SECTION 4. Effective Date. This Resolution shall be effective upon adoption.
2 12/5/2017
PASSED, APPROVED, AND ADOPTED this 5th day of Dece m ~r 2017 .
sFGIO FARIAS, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-12-05-08 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
5th dr of December 2017, by the following vote :
AYES: OUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: OUNCIL MEMBERS: None
ABSE N , : OUNCIL MEMBERS: Patterson
\
MAR l
3 12/5/2017