1981-1117_CROW SAN JUAN RANCH_E6_Notice of Council Action 3400 PASEO ADELANTO ;
SAN JUAN CaAPISTRANO. CALIFORNIA 92675
"• PHONE G9: 11'1
J
November 24, 1981
Mr. Clifton K. Chang
Crow San Juan Ranch
CIO Trammel Crow Company
17941 Fitch Street
Irvine, California 92714
Re: Reimbursement Agreement, Improvements to
Rancho Viejo Road (The Ranch)
Dear Mr. Chang:
At their meeting of November 17, 1981; the City Council
approved the Agreement providing for the reimbursement of costs
for improvements to Rancho Viejo Road from its present terminus
near Endevco to Ortega Highway. Enclosed is a copy of the
agreement for your files; the original has been forwarded to
the Orange County Recorder.
Thank you for your cooperation.
Very truly yours, 1
MARY ANN NOVER, CMC
City Clerk
MAH/na
Enclosure
cc: Director of Public Works
Col. Ridgely Ryan
RLCO
DING
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WHENNRRECORDEDURETURNBTO: 0 5473 !JVOERNMENTPCODEESECTIONU6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto �xei
EXEM
San Juan Capistrano, CA 92675 ��t MAR AN NOVE , City Clerk
r C13 San Juan Capistrano, California
COPY
REIMBURSEMENT AGREEMENT 00
Fly �
THIS REIMBURSEMENT ,AGREEMENT (this "Agreement" ) is entered
into as of the nth day oflavamber—, 1981, by and between CROW
SAN JUAN RANCH, a California limited partnership ( "Developer" ) , W
and THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ( "City" ) , with
reference to the following facts : O
c�
A. City has heretofore approved and adopted a precise *,
alignment for the portion of the public street known as "Rancho
Viejo Road, " approximately as shown on the plot plan attached
hereto as Exhibit "A" (the "Road" ) . cn
Ul
B. Developer is the owner of the land more particularly
described in Exhibit "B" attached hereto ( "Developer' s Land" ) .
C. In connection with the development of Developer' s
Land, Developer has applied to City for, and has been granted appro-
val of, Orange County Tentative Parcel Map No. 80-851 (the "Map" ) ,
and one of the conditions of the approval of the Map is that Devel-
oper agree to construct the Road.
D. Developer has agreed to construct the Road and, in
connection therewith, to provide to City certain payment and per-
formance bonds in the aggregate amount of $1, 820, 000. 00, substan-
tially in the forms attached hereto as Exhibits "C-1, " and "C-2, "
respectively.
E. It is the desire and intent of City and Developer
that following completion of construction of the Road, as herein-
after provided, Developer shall thereafter be entitled to reimburse-
ment of the portion of such cost relating to the parcels other
than Developer' s Land, which have been benefited by the construc-
tion of the Road.
NOW, THEREFORE, in consideration of the foregoing facts,
and the terms, covenants and conditions hereinafter set forth,
City hereby agrees to reimburse Developer up to the sum of $275, 000,
from road reimbursement fees which City agrees to collect from
the owner or owners of Parcels 1, 2 and 3 , as shown on Exhibit
"D" hereto, and as more particularly described in Exhibit "E" hereto
(the "Benefited Parcels" ) , upon and subject to the following terms
and conditions:
1 . Term of Agreement. The term of this Agreement shall
commence on the date hereof and shall expire on the 15th anniversary
of the date hereof.
RE ORDFD IN OFFIC1At RSCORDi
/ OF W.16E C'vU7F1Y. CALIFORNIA
PM DEC 3 '81
LEE A. (RANCH. Courtly Recorder
BK 1 43 1 GPo 1 356
2 . Plans and Specifications. The construction of the
Road by Developer shall be undertaken and completed substantially
in accordance with the plans and specifications therefor, which
have been approved by City, as more particularly described in the
schedule of plans and specifications set forth in Exhibit "F" at-
tached hereto.
3 . Allocation of Reimbursement. The owner or owners
of each of the Benefited Parcels shall be responsible for paying
to City the following reimbursement amount or amounts as a condi-
tion of approval by City of any "development authorization, " as
hereinafter defined, of such Benefited Parcel, and such amount or
amounts shall be payable by City to Developer within 90 days follow-
ing receipt thereof by City. The reimbursement amounts applicable
to each of the Benefited Parcels shall be as follows:
(a) If Parcel 2 receives "development authorization"
before Parcels 1 or 3 :
(i ) Parcel 2 Reimbursement $275, 000.00
Amount
(ii ) Parcels 1 and 3 Reim- 0
bursement Amount
(b) If Parcel 1 or Parcel 3 receives "development authori-
zation" before Parcel 2 :
( i ) Parcels 1 and 3 Reim- $137, 500. 00
bursement Amount,
payable as a condition
of approval of
"development authoriza-
tion" of first to be
approved of Parcel 1
or Parcel 3 .
(ii ) Parcel 2 Reimbursement $137, 500.00
Amount, payable as a
condition of approval
of "development authori-
zation" of Parcel 2 .
For purposes of this paragraph, the term "development authorization"
shall mean the approval by the City of any final tract map, final
parcel map, grading permit or building permit with respect to the
Benefited Parcel, that would involve connection to Rancho Viejo
Road by new utility connections, new driveways, new roads, or new
dedications to the City of San Juan Capistrano; provided, however,
that irrespective of any connection to Rancho Viejo Road by any
means above described, (a) any grading permit or building permit
for a structure related to the present agricultural operation on
the Benefited Parcel, or (b) a condemnation by any governmental
authority for the benefit of any property other than the Benefited
Parcel, shall not be deemed a "development authorization. "
-2-
BK 1 43 1 GPo 1357
4. Ace of Funds. It is acknAL3ged and agreed by
Developer that City shall not be required to provide funds for
the reimbursement of Developer from any source other than funds
collected with respect to the Benefited Parcels for reimbursement
of the construction of the Road.
5 . Notices. All notices permitted or required under
this Agreement shall be deemed given upon personal delivery or 48
hours after having been dispatched by telegram; or deposited in
the United States mail, certified, postage prepaid, return receipt
requested; and addressed to the party to whom directed at the ad-
dress set forth below or at such other address of which such party
shall have directed in a similar notice:
If to Developer: Crow San Juan Ranch
c/o Trammel Crow Company
17941 Fitch
Irvine, California 92714
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Engineer
6. Successors and Assigns. This Agreement shall be
binding upon, and inure to the benefit of, the parties hereto and
their respective successors and assigns.
7. Attorneys' Fees. Should suit be brought to enforce or
interpret any part of this Agreement, the "prevailing party" shall be
entitled to recover as an element of costs of suit and not as damages,
reasonable attorneys' fees to be fixed by the court. The "prevailing
party" shall be the party entitled to recover its costs of suit, re-
gardless of whether such suit proceeds to final judgment. A party not
entitled to recover its costs shall not be entitled to recover attor-
neys' fees. No sum for attorneys' fees shall be counted in calculating
the amount of a judgment for the purposes of determining if a party is
entitled to recover costs or attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
CITY: CIT)( OF SAN JU X CAPISTRANO
ATTEST: ✓ Lawrence P. Buchheim, Mayor Pro Tem
Approved as to form:
Mary AqW Hanover JaiWs S. Okazaki, Cit Attorney
City Clerk
DEVELOPER: CROW SAN JUAN RANCH,
a California general partnership
By: Crow Capistrano, a Texas
limited plat nership
Its Gene 1 Pars i
B y /' [`
-3- CLIFTO K. CHANG
• BK 1431opo 1359
STATE OF CALIFORNIA )
) ss.
COUNTY OF Orange )
On November 17, 1981, before me, the undersigned,
a Notary Public in and for said State, personally appeared
:>-'Ice !, /_��< l��ti�/ known to me to be the Mayor/5V:? the7�&ITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, known to me to be the municipal
entity that executed the within instrument, and acknowledged
to me that such city executed the same .
WITNESS my hand and official seal.
/.,'Notary Public
?-. OFFICIAL SEAL
y . - MARY ANN HAN^I rn
\� r NOTARY PUBLIC r.:, . •N,,, I u
ORANGE cOJI. / !)
MY Comm. ezpircn ;F�,
STATE OF CALIFORNIA )
) ss.
COUNTY OF 6
_�9__)
On �, _;7 , 1981, before me, the undersigned,
a Notary Public in and for said State, personally appeared
c1.1G7ON k. � 9/Y&A , known to me to be one of the general
partners of CROW SAN JUAN RANCH, the partnership that executed
the within instrument, and acknowledged to me that such part-
nership executed the same.
WITNESS my hand and official seal .
OFFICIAL SEAL Notary ub1i
ANETTA T ZAFFINA
EWNMZTAFZY PUBLIC - CALIFORNIA
ORANGE COUNTY1983
yomm. "P"es NOV 28,r
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WALDEN & .ASSOCIATES, Inc.
1 "��� SCJ2 Weet Gary.avevu•,Sui4 H pl}NIl`��0 UI e JO
//!''��-" $anti Aoa,C.ili!ONia 92:N
CIVIL ESOISND3llG 7
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. BK 143 1 CPB 136 1
EXHIBIT "B"
Parcel 1 in the City of San Juan Capistrano, County of Orange,
State of California, as shown on the map filed in Book 137, Pages
30 through 36 inclusive of parcel maps in the office of the County
Recorder of said county.
11, �
WALDEN WestG & ASSOCIATES, Inc.
�fl Sfuf Wes[G arry Avenue.SuitsB
Santa Ave,California 92!'N
t (714) `49-9649
CIVIL ENGINEERING
LAND SURVEYINGwO.No. Dat•
£NVIRONMENTAL PLANNING
En,f Chk. SRaat_DI_
TTIAC'I'
SK 1 43 1 opo 1362
the CiLyol theCi of
Collio' lli'l, and whor�e
Ica I i J i I I C I add rec;!; 'Is
) crc ino f cr dcciinad as i, c—rc' 11 w;l ( roi
aqlcen to insum and co.l�JQLO I
�urtcAll dc�'icplatcd
which !"lid agrcuznonL daLed1 19 al'a
as (Sul,division AqrocnieliL for T�Icz---)—(Project
hereby rofurrud to and 1,1adc a part 11mTcoi; -1,nd
UIIITZEA6' Said Principal is rin.cfuircd under the terms of !;aid agrcolm']!t' to
furnish i bond for the labor and materials of said agreement.
NOW, 11111-REF01111, we, the Principal,
whose 111.1ilinq ad,!FC7c, is
an Surety, mo held and firmly bound unto the
City of !;,ill Juan Capistrano, hereinafter called City, in the penal sum
of Dollars ($ ) lawful
money of t:-,,,—United States, for tIe payment of--i—EFch and truly
to be made, we bond 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 bolir,0,ed
Principal, his or its heirs, c.;ecutors, adctinistracors, successors or
assigns, shall .in all thillcl-1, stand to and abide by, and well and, truly
keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
their 11a)7t, to be kept and pci-formrd at the linic and in the man,,,
specified, and in all respects acco) dinq to their true intent end Tt ani,
,and shall indemnify and save harmless the City of San Juan Capistrano, i 11 s
Officers, agents and employees, as therein stipulated, then this
shall bocomo nul) arid void; ol-liorwise it shall be and remain in full force
and effect.
As apart of the obligation secured hereby, and in addition to the facc
amount specified therefor, there shall be included costs and rea,',oiiable
expcnses and fees, including reasonable attorney's fees, incurred by Cit--,
in successfully enforcing such obligation, all to be taxed as costr and
included in any judgment rendered-
The sureLy hereby stipulates and agrees that no change, extension of
alteration or addition to the term,- of the agreement or to the •-,ork to Ac
perfiaimed thereunder, or the specifications accovapanyillc.5 saina, sha' L in
any way affect it.,; ob)igati.ons oil this 1301)(1, and it does hereby wal.vc ar%
notice of any such change, c):tcnsion of time alteration or addition to ti:.;'
teimm of the aqrccmciit or to the work or to the specifications.
IN WITNIIS:' VEI^111:011' this instrument has been duly executec, by the princi,-
and surety above willird, on 19
PRINCIPAL SUPOiIlly
Ity ]AY
RECORDERS MEMO LEGIBILITY OF WRITING,
TYNNG OR MINTING UNSATISFACTORY IN
THIS DOCUII4
'ENT WHEN RECEIVED
IIXHIBIT "C-2" (M
PUBLIC
OU SK 143 1 Opc 1363
tMEM!,"IS, the Ci i Y COLuICJ 1 01 the City of r:'!JI Jilin Cap i!,I l"Jilo
Cal i ,)1 11 i i, al;d
Ia•rc-i I I !( )' t!I,:;j(I i I,it� d I,. 1•r 3 1.c i 1,.i I , I i.Lva ciilcrc-(F-Inro-anag I i7c IT,-IV,t
00r: Lo iJ,SL,.I 11 anti coifilt I et e certain dcsign,it-cd im{u:ovrlacn U' ,
dated 1 19 and. jdcw-i
,is ('ki"di vi:;ion for TracP.
hcrc by r, ", r3 -I', Lo liA a part hereof; and
Said Principal is required under the terims,of said agrociacnt, to
flunish a bond for Lhe faithful performance of said agreement.
NOW, THEPEFORE., tic, the Principal, and
, whos*Q Mailing 'Tddl—roois
, as Surety, are held and firmly bound ante Clic
�ILyofsen Juan Capistrano, hereinafter called City, in the penal sur,
of Pollars ($— ) lawful
r.Ioncy o1 the On Lc<t States, for thr: p'iyInent of which -quill \-1011 and truly
to be made, we bond ourselves, our hicirs, SuCCOSS037S. OXi?CLltors and
administrators, jointly and severally, firmly by these prosents.
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assi,jus, shall in all things stand to and abide by, and well and truly
keep and perforin the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
thoi,-, part, to be kept and perforinod at the time and ill the manner tho' oill
specified, and in all respects according to their - i,true intelL and mcani ;'
and shall indemnify and save harmlessthe City of San Juan Capi.sLrallo, its
officers, agents and employees, as therein stipulated, then t-h-'s, eLli `S
shall become null and void; otherwise it shall be and remain in full- fozcc
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 Ci ty
in successfully enforcing such obligation, all to be taxed as costs ard
included in any judgment rendered.
I'lio surety hereby stipulates and agrees that no change, extension of tir.:O,
alteration or addition to the terms of the agre6mont or to the wcrlz to be
porforimotl t)icxcurtder, or the specifications accompanying same, shall in
any only affect its obligatLons on this bond, and it does hereby waive any
notice of any such change, cxtt:nsion of time alteration' or addition to tlu�
terms of the agrcclllmnt or to the work or to the specifications.
IN U.M!1=1 WHEREOF, this instrument has been duly oxticutcl:1 by the principal
and !;urcly above named, on —1 19
PIZINCTI'AL SUMI'lly
Ily BY
Pdlli ' :.!' of
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BK 1431CPc 1365
EXHIBIT "E"
That portion of Section 6, Township 8 South, Range 7 West of the
San Bernardino Meridian in the City of San Juan Capistrano, County
of Orange, State of California, according to the Official Plat of
said land filed in the District Land Office April 12,1875, de-
scribed in Parcels as follows:
Parcel 1: Being all the land described in the deed to the Romarco
Realty Corporation recorded November 5,1964 in Book 7289 Page 876
of Official Records in the office of said County Recorder.
Parcel 2: Being that portion of the land described in the deed to
t e Romarco Realty Corporation recorded July 8,1958 in Book 4341
Page 119 of Official Records in the office of said County Recorder
Excepting that portion lying southwesterly of Rancho Viejo Road
as shown on Exhibit "D". -
Parcel 3: Being that portion of the land described in the deed to
t e Romarco Realty Corporation recorded July 8, 1958 in Book 4341
Page 119 of Official Records in the office of said County Recorder.
Excepting that portion lying northeasterly of Rancho Viejo Road
as shown on Exhibit "D".
WALDEN & ASSOCIATES, Inc.
4002 West Garry Avenue,suite B
SOma Ana,C.Idormn 9VO4
(714) 5494649
CIVIL ENGINEERING
LAND SURVEYING WO.No. Date 11/2S/80
ENVIRONMENTAL PLANNING Sheet_01
Eng,. Cho.
BK 1431opo 1366
EXHIBIT "F"
Plans and speci Pications prepared by 1lalden B Associates, Inc.
entitled "Rancho Viejo Road Lnprovements" dated September 2,
1980.
WALDEN 3 ASSOCIATES, Inc.
1(1111 4W2 West Garry Avenue,Suits a
1 Sa➢ta Ana,C"Ortia 9VN
I (714) 549-8649
CIVIL ENGINEERING
LAND SURVEYING WO,No.
ENVIRONMENTAL PLANNING
El" c6k. _ Sheet -01—