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