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1997-1007_THE HUNT CLUB_Reimbursement Agreement
REIMBURSEMENT AGREEMENT THIS AGREEMENT dated the 7 o' day of ©G1obef-- , 1997, is made by and between the City of San Juan Capistrano, hereinafter referred to as CITY, and the Owners of property located at Lots 16-22 and 32-33, Tract 6305, The Hunt Club, hereinafter referred to as OWNERS, specifically noted as: OWNERS' Names Lots Robert& Karen Davis 16 Wayne & Betsy Chamberlain 17 Richard & Joy Walker 18 Patrick& Ann Timmins 19 Robert& Diana Arrigoni 20 David & Christene Didier 21 Terry& Sharon Holdt 22 Ken Thayer 32 Richard Fick/Scott Ball 33 WHEREAS, the CITY has constructed sewer drain facilities, hereinafter called "Facilities", within the canyons of the Hunt Club; and WHEREAS, the sewer drains have need of repair by CITY; and WHEREAS, OWNERS are funding the cost of making slope stabilization repairs in the canyon between Hunt Club Drive and Fox Run Lane in order to preserve their homes; and WHEREAS, it is necessary to repair, replace and complete Facilities in the canyon; and WHEREAS, OWNERS agree to design and construct Facilities at an estimated amount of$175,000; and WHEREAS, the aforementioned Facilities benefit other areas of development, and OWNERS are entitled to reimbursement of a portion of those costs of construction; and WHEREAS, OWNERS desire to enter into this Agreement to provide a means for \ allowing the construction of Facilities and related appurtenances and to provide a mechanism f`or crediting the OWNERS for the reimbursable costs incurred in constructing such Facilities against available sewer funds; and WHEREAS, the proposed Facilities provide some benefit to the CITY and the CITY is therefore willing to share in the costs for areas of benefit to CITY; and WHEREAS, OWNERS agree to be reimbursed by the CITY for Facilities as defined herein. NOW, THEREFORE, in consideration of the premises hereinafter set forth, CITY agrees to reimburse OWNERS the sum of$75,533 from sewer fees under the following terms and conditions: 1. Contractor of Record: Contractor of Record shall be Paulis Engineering, 2871 E. Coronado Street, Anaheim, CA 92806. 2. Project Manager: Project Manager shall be Friess Company Builders Inc., 37126 Rancho Viejo Road, Suite 219, San Juan Capistrano, CA 92675. 3. Funding: The payment by the CITY for its share of$75,533 will be paid upon completion and acceptance of work for Facilities. Such payment shall be made payable to the Contractor of Record and the Project Manager. 4. Priority in Claims: It is hereby specifically understood and agreed that the reimbursement payment contemplated herein shall come from CITY sewer funds and, in the event that there should be other parties claiming refunds, the priority of any payments made from said funds shall be determined by the dates of the respective agreements. 5. Term of Payment: Upon satisfactory completion of project, as approved by the City Engineer, CITY shall make a lump sum payment directly to the Contractor of Record and Project Manager. 6. Alterations: The City Engineer of the CITY may make such changes, alterations or additions to the plans and specifications for said work and improvements, not to exceed ten percent (10%) of the total estimated cost, as may be determined necessary and desirable for the proper completion of said work and improvements or as required for the safety and welfare of the public, and no such changes, alterations or additions shall relieve OWNERS from faithful performance of this Agreement. 7. Completion Date: A. OWNERS agree to complete all of said work and improvements within a period of six (6) months from the date of this Agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this Agreement, and any surety or other security shall continue in full force until the work and improvements have been accepted by the CITY. B. OWNERS agree that CITY may, at any time after the time for completion has passed, without any notice to OWNERS and at its sole option, complete or cause to be completed all or any part of the said work, except as defined in Section 10 herein, and OWNERS shall pay to CITY, upon demand, all costs of -2- said work done by the CITY, its agents and contractors to complete said work. OWNERS hereby consent to entry on the property by the CITY and its forces, including contractors, in the event CITY proceeds to complete said work. 8. Liability/Insurance: A. OWNERS agree to pay CITY such sum as the court may adjudge reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the OWNERS if such action is determined in favor of CITY. B. CITY, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this Agreement prior to the completion and acceptance of said improvements by the CITY. C. OWNERS shall perform all work in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. D. OWNERS shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of or arising out of the acts or omissions of OWNERS, his contractor, subcontractors, agents or employees in the performance of this Agreement. E. OWNERS agree to maintain liability insurance as provided by Contractor of Record during the construction of the Facilities in the following amounts: 1) Comprehensive General Liability. OWNERS shall maintain, in full force and effect, comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2) Worker's Compensation. If OWNERS employ employees or subcontractors to perform services under this Agreement, OWNERS shall -3- obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above-stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the CITY. OWNERS shall provide an endorsement to CITY establishing that CITY has been legally added as an additional insured to the liability policy required under this Agreement. 9. Guarantee and Warranty of Work: OWNERS shall guarantee that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the CITY's acceptance of the work as completed in accordance with the Municipal Code. OWNERS agree to correct, repair or replace, at their expense, any defects in said work. 10. Force Majeure: None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers or any legitimate cause beyond the control of the parties. 11. Notices: All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including any telex and facsimile transmission, and shall be deemed to have been duly given on the date of service if served personally, by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered or certified, postage prepaid, return receipt requested and properly addressed as follows: For CITY For OWNERS City of San Juan Capistrano Hunt Club Property Owners Attn: City Clerk c/o Friess Company Builders Inc. 32400 Paseo Adelanto 37126 Rancho Viejo Road, Suite 219 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 12. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. 13. Entire Agreement: This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning this subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between -4- or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: CITY: By: I, (/ By: i' ,--c.. r CHERYL JSP, 1 , CITY CLERK DAVID SWERDLIN, MAYOR APPROVE'i • S TO FORM: OWNERS:/ o11 By: l a Lot 17 By ' i.a. ..JO (74 SHAW, CITY ATTORNEY Origin. j. Lot 20 By: �: cruf (A � Original Sign. ' e Lot 21 f it,, 1 ' Original Signa ie / N Lot 16 c_', CAV4 B �. Original • itp- ^r Lot 19 By.,,,A S.A., A1s -1- -------- i Original - -- Original Signat - Lot 22 g : 144, �k 11%11 Original Signa ee'e Lot 18 By: c 115 Laa , Original Signature By: By: -5- r or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: CITY: By: By: CHERYL JOHNSON, CITY CLERK DAVID SWERDLIN, MAYOR APPROVE'i • S TO FORM: OWNERS: I) Lot 32 By.JO 1 SHAW, CITY ATTORNEY Original Si.- -�- By: By: By: By: , By: By: By: By: -5- . .. ,rr a;;iong the parTcs :,eleto relatmg tt, the. subject matter contained in this 1 i'iii'vt ,it At been flatly ..-.%1-1.;--;sed herein. . , A 4 1 ,N4 I:,-v) Wf I Eitti3OF, ; hereto :-,e,.e executed this Agreeriv:nt (In the date r . r I (11 , .Y (1 11 i' DAVID (AVin N_ r ' :f • - , ‘ ., 1 ?-, , ieeitte_ z Lot 33 Original Sig atufre i TO 39Vd s3c-lins, OD S53I,±:i CEPEOPE7PIL OT:00PEET AEA" s . . , Ii..; . . 1 -- , .7.4.,i,, .4: , FRIES'S CO BUILDLm.D PAGE 02 11 . .., . ... .. . ., ...„.„, ._ .,. , . eNt ;ttrt,••••,- i'tf ,'"S et-, ..;:cl, ,t '-,.‘, . .., !. .- ,,,,,-ki 0,4 !,,, ...,,, • , ,te"..,"n•trt! WIlith lo•i•,,-- ^4,-. ...er -.".11. e•,ract:‘,';11•4:,%17 . , . p-, .‘",ti I '•;;.',,;S,". IA ill.:1:.i.,)...1,1 ;,':it p...-:..., ,.;,,n,,..:. .i...,. (,),,c,,,t .,; `,.,..c. 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