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18-01116_RANCHO MISSION VIEJO_Letter Agreement RAIJN I IC) ILC-.�� T v'Vr jo November 17, 2017 Benjamin Siegel City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Funding Assistance Agreement (dated October 15, 2013) - Reimbursement of Funds Previously Paid /Allocation to County Agreement Dear Mr. Siegel: The following letter is intended to memorialize our recent discussions regarding the refund of contributions by RMV under the Funding Assistance Agreement dated October 15, 2103 and entered into by and between the City of San Juan Capistrano("City") and Rancho Mission Viejo, I.I.t. ("RMV"). As you will recall, the Funding Assistance Agreement established a commitment on the part of RMV to provide funding to support the City in its design efforts relative to the widening of that portion of Ortega Highway between Interstate 5 and the eastern boundary of the City of San Juan Capistrano (the "City Portion"). Consistent with the terms of the Funding Assistance Agreement, RMV retained the services of IIDR to perform specific design work in relation to the City Portion— which work was to complement the City's own proposed services contract with HDR relative to the City Portion. In reliance on the Funding Assistance Agreement, RMV paid a total of$55,985.50 to HDR to augment the City's design efforts for the City Portion. However, as you are aware, the City decided not to move forward with HDR (or any other design professional) in relation to the City Portion. Thus, the purposes and benefitsnp1n • accomplished pursuant to the Funding Assistance Agreement-i.e., the p nt o "+ integrated plans for the City Portion—were never achieved. ." FEB 0 1 2018 As a consequence of the City's decision, RMV was compelled to evaluat[ Zer programs and partnerships concerning the widening of the City Portion. Presently, ' working with the County of Orange ("County") concerning a new plan for the City 28811 Ok I EGA HIGHWAY• P.O. BOX 9•SAN JUAN CAPISTRANO,CA 92693• (949)240-3363• FAX(949)248-1763 Funding Assistance Agreement —Reimbursement Page 2 Portion to provide similar funding to the County and their collaboration with Caltrans and OCTA. In relevant part. RMV will provide certain funds to the County to facilitate analysis and design work relative to the widening of the City Portion. Accordingly, RMV and the City have agreed to formally terminate their relationship under the Funding Assistance Agreement subject to the following conditions: • The City shall reimburse RMV for the sums previously expended by RMV in reliance upon the Funding Assistance Agreement (i.e., $55,985.50) (the "Reimbursement Amount"). The Reimbursement Amount will be paid to the County as a credit against RMV's funding commitments for the City Portion. The City shall tender the Reimbursement Amount to the County not later than February 15, 2018 • RMV shall not seek reimbursement to be paid directly from the City to RMV for any additional amounts under the Funding Assistance Agreement. • RMV has not sought, and will not seek, reimbursements for the Reimbursement Amount from any community facilities district. If the foregoing accurately reflects our conversations and agreement relative to the reimbursement and termination of the Funding Assistance Agi cement. 11leie e execute and return to RMV the enclosed copy of this letter on or before January 31, 2018. Sincerely, Rancho pMis on Viejo, LLC Jeff R. 'fhonil son Vice-President—Development Engineering AGREED TO AND ACCEPTED this /7 day of J v . 2018. City of San Juan Capistrano -- - irk FEB 0 1 2018 enjam �'egel City Manager . BY: Cc: Richard Broming, Dan Kelly, Elise Millington, Robin Martindale/PBMB