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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 ESTED Y ANP RDING EES XEMPT E TO 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 -4- r Fx::ruiT j1 BK 1431Opo 13- 0 •�of\ V.. 09- 42 p- 4/ A r 0 o'er i I / I F-�LIT of i WALDEN & .ASSOCIATES, Inc. 1 "��� SCJ2 Weet Gary.avevu•,Sui4 H pl}NIl`��0 UI e JO //!''��-" $anti Aoa,C.ili!ONia 92:N CIVIL ESOISND3llG 7 �31 LL\95(.B4EYI\G 'N 1�-�'t'� Hi4 =��•In•l =\:(1 T!ItiH�VT>f vta\ViYM1 . BK 143 1 CPB 136 1 EXHIBIT "B" Parcel 1 in the City of San Juan Capistrano, County of Orange, State of California, as shown on the map filed in Book 137, Pages 30 through 36 inclusive of parcel maps in the office of the County Recorder of said county. 11, � WALDEN WestG & ASSOCIATES, Inc. �fl Sfuf Wes[G arry Avenue.SuitsB Santa Ave,California 92!'N t (714) `49-9649 CIVIL ENGINEERING LAND SURVEYINGwO.No. Dat• £NVIRONMENTAL PLANNING En,f Chk. SRaat_DI_ TTIAC'I' SK 1 43 1 opo 1362 the CiLyol theCi of Collio' lli'l, and whor�e Ica I i J i I I C I add rec;!; 'Is ) crc ino f cr dcciinad as i, c—rc' 11 w;l ( roi aqlcen to insum and co.l�JQLO I �urtcAll dc�'icplatcd which !"lid agrcuznonL daLed1 19 al'a as (Sul,division AqrocnieliL for T�Icz---)—(Project hereby rofurrud to and 1,1adc a part 11mTcoi; -1,nd UIIITZEA6' Said Principal is rin.cfuircd under the terms of !;aid agrcolm']!t' to furnish i bond for the labor and materials of said agreement. NOW, 11111-REF01111, we, the Principal, whose 111.1ilinq ad,!FC7c, is an Surety, mo held and firmly bound unto the City of !;,ill Juan Capistrano, hereinafter called City, in the penal sum of Dollars ($ ) 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 Ji h i ... ... La;,,a ,•p•, BK 1431Opo 136 I � I� 1 � V � s 9y F PA2C EL / � SCAIi'�i"•2W' ti O vO Op � IO < P,4/fC 0 I C' 'P I � t I 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—