1996-1008_SAN JUAN CORPORATE PLAZA_Release of Memo of Agr•
ffA--0-0
RECORDED AT REQUEST OF AND
WHEN RECORDED RETURN TO: Recorded in the county of orange, caiifornia
City of San Juan Capistrano Gary L. Granville, Clerk/Recorder
OfficeCity Clerk's
32400 PaseoAdeanto 10.00
San Juan Capistrano, CA 92675 19960512342 08 ; 00AM 10/08/96
005 303714 19 24 FRT
R09 2 7.00 3.00 0.00 0.00 0.00 0.00
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RELEASE OF MEMORANDUM OF AGREEMENT f l
NOTICE IS HEREBY GIVEN that that certain Memorandum of Agreement
entered into between the City of San Juan Capistrano and San Juan Corporate Plaza, a California
General Partnership, the owner and developer of the development located adjacent to the San
Diego Freeway at the terminus of Junipero Serra Road at Rancho Viejo Road, Assessor's Parcel
No. 650-161-02, concerning deferment of fees for said development, and recorded in the Official
Records of the Office of the County Recorder of the County of Orange, State of California, on July 8,
1988, Document No. 88-328697, is hereby released, the fees thereunder having been fully paid and
satisfied as to said real property.
Dated: August 20, 1996
Approv, as to Form
Ri hard Denhalter, City Attorney
Wyatt Mayor
City of an Juan Capistrano
Attest
101111go, _'.
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On AuE!ust 20. 1996 before me, Cheryl Johnson
City Clerk, personally appeared Wyatt Hart
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Municipal Corporate Officer
Mayor Release of Memorandum of Agreement
Title Title or Type of Document
Signer is Representing vne
Number of Pages
City of San Juan Capistrano
August 20. 1996
Date of Document
Signer(s) Other Than Named Above
0
CORPORATE ACKNOWLEDGMENT
State of
SS.
County of
OFFICIAL SEAL
ER.E N FEGTE'
m LfAAY
L: rUBLC - CALIFORNIA
'07 :GE COUNTY
nam.expires APR 15, 1991
CORPORATE ACKNOWLEDGMENT
State of
California
SS.
County of Orange
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC - CALIFORNIA
ORANGE O)UNTY
My comm. expires NOW 11, 1989
0
88-328691
T -
NO. 202
qq�%h
On this the of 19before me,
6
the undersigned Notary Public, personally appeared
STeP17if22 16
;NK personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official ,seal.
l3 N' _/
Signature
"^TARY ASSOCIATION • 23012Vemmnlolvo - 1. wa.o - •• p•• -•••••r
NO. 202
On this the 6th 88
day of June 19— before me,
1 A. Johnson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
IN personally known to me
u proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumerAifflici al
City Clerk or on behalf of the%orporatlon therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Sign4fure
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O. Box 4625 • Woodland Hills, CA 91365-4625
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
88-328691
Recording fees exempt due to Government
Code 6103. Documentary Transfer Tax -
No Consideration.
-MARY AN NOVE , CITY CLERK
City of S Juan Capistrano
RECORDED IN OFFICIAL RECORDE
OF ORANGE COUNTY CALIFORNIA
MPT -1 so PM lUl 8'88
06
{:CONTE
NECORCE
Space above for Recorder.
MEMORANDUM OF AGREEMENT
This is a Memorandum ("Memorandum") of Agreement entered into
on 10 3/ 1988, by and between the CITY OF SAN JUAN CAPISTRANO
("CITY' and SAN JUAN CORPORATE PLAZA, a California general partnership (Owner
"DEVELOPER"), concerning the deferment of fees for the San Juan Corporate Plaza
development located adjacent to the San Diego Freeway (Interstate 5) at the eastern
terminus of Junipero Serra Road at Rancho Viejo Road, Assessor's Parcel No. 650-161-02.
This Agreement provides for the deferral of an estimated $100,000 in fees due
on the proposed project as follows:
Drainage Area
$ 3,045
Advance Energy
240
Public Works Inspector
12,090
Improvement Plan Check
12,590
Sewer Capacity
68,270
Agricultural Preserve
3 540
TOTAL
99,775
The CITY agrees to allow DEVELOPER to defer payment of those fees subject
to the DEVELOPER'S understanding that Certificate of Occupancy and the $265,000
reimbursement for public improvements by the San Juan Capistrano Community
Redevelopment Agency will not be provided to DEVELOPER until all fees due on the
project are paid in full.
This Memorandum is prepared for the purpose of recordation to ensure that all present
and future owners are aware of the conditions placed upon deferment of fees.
0
•
•
7
Q
0
- o cover funds not bud eted f time
for oversight and ' s. of a cted. The City Manager had been
pre ' uthorized to execute the contract on behalf of the rty.
RELEASE OF MEMORANDUM OF AGREEMENT - DEFERRAL OF FEES
ARCHITECTURAL CONTROL 85-03 (SAN JUAN CORPORATE PLAZA)
rc��
As set forth in the Report dated August 20, 1996, from the City Clerk, the Release of
Memorandum of Agreement was approved releasing San Juan Corporate Plaza from
conditions placed on the title for deferral of fees, which were paid in 1988. The Mayor was
authorized to execute the document on behalf of the City, and the City Clerk was directed to
forward the document to the County Recorder.
As set fort ' the Report dated August 20, 1996, from the gineering and Building
Director, the fol ing Resolution was adopted approving t application for grant funds
from the National Rec tional Trails Fund Act of 1991 for application
the completion of trails
on the City's Priority List the maintenance of exist trails. The amounts requested by
the City are $167,000 for the 96 allocation and $7 ,000 for the 1997 allocation.
1991 - A RESOLUTION OFITY COUNCIL OF THE CITY OF
SAN JUAN CAPIS "A
ORNIA, APPROVING THE
APPLICATION FOR G T FUND OR THE STEVE SYMMS
NATIONAL RECREA ONAL TRAILS F ACT - FISCAL YEARS
1996 AND 1997.
As set forth in the Re,p6rt dated August 20, 1996, from the Adminisi
the following Resol tion was adopted establishing the 1996-97 fiscal
in the amount of 27,297,094:
e Services Director,
appropriation limits
- FISCAL YEAR 1996-97- A RESOLUTION OF TB
IL OF THE CITY OF SAN JUAN CAPISTRANO, CALIF
ING ITS ARTICLE XIIIB APPROPRIATION LIMITS
FOR THE 1996-97 FISCAL YEAR.
City Council Minutes -7- 8/20/96
n
U
0
88-328691
STATE OF CALIF07NIA
COUNTY OF Orange SS.
�t p
On this day of_. QCT 19_ fs8 before me, the /ugcle�rspig�n,e�d, a Notary Public
in and for ,aid county and state personally appeared /i7 S
personally known to me ) to be the person who executed
the within instrument as President, ar id
of the corporation therein namAd, said corporation bej;)q known tome to be one of the partners of
the partnership that executed the within instrument 0
and acknowledged that such corporation OFFKNAL MAL
executed the some as such partner and that such GW4ffM A PEARM
partnership executed the same.1
WITNESS my hono and official seal.
Signaattture
Name (Typed or Printed)
T1105
(this area for official seal)
ATTEST FOR CITY
APPROVED AS TO FORM:
ATTORNEY
88-32869'
Page 2 Memorandum of Agreement
CITY OF SAN JUAN CAPISTRANO
BY
STEPKEN B. JU AN
CITY MANAGER
SAN JUAN CORPORATE PLAZA,
A GENERAL PARTNERSHIP (Owner g "Developer")
BY
AMES RISKAS, PRESIDENT
SUTCOR INTERNATIONAL,
MANAGING GENERAL PARTNER
0 0
AGENDA ITEM August 20,1996
TO: George Scarborough, City Manager
FROM: Cheryl Johnson, City Clerk
SUBJECT: Consideration of Release of Memorandum of Agreement Relating to
Deferral of Fees - San Juan Corporate Plaza (Architectural Control
85-3
RECOMMENDATION:
By motion, approve the Release of Memorandum of Agreement; authorize the Mayor to execute the
document on behalf of the City; and direct the City Clerk to forward the Release to the Orange
County Recorder's Office.
SITUATION:
San Juan Corporate Plaza is entering into escrow and a Title search revealed that the conditions
placed on the title for deferral of fees had never been removed. The Title Company has requested
that a Release of the conditions be recorded to clear the Title. A Release of Memorandum of
Agreement is attached for approval by the City Council and execution by the Mayor.
In May, 1988, the City and the Community Redevelopment Agency entered into a Reimbursement
Agreement with San Juan Corporate Plaza providing for reimbursement of $265,000 for public
improvements on Rancho Viejo Road and installation of a traffic signal at Rancho Viejo Road and
Junipero Serra Road. In May, 1988, the City also entered into a Memorandum of Agreement with
San Juan Corporate Plaza to provide for deferral of approximately $100,000 in fees due on the
development of San Juan Corporate Plaza, with the understanding that the Certificate of Occupancy
and the $265,000 reimbursement from the Community Redevelopment Agency would not be
forthcoming until all fees were paid in full. The fees were paid in 1988; the Certificates of Occupancy
were issued; the reimbursement from the Community Redevelopment Agency was made; and, a
Notice of Completion was recorded for these improvements on December 14, 1990,
COMMISSION/BOARD REVIEW, RECOMMENDATION:
None necessary.
FOR CITY COUNCIL AGENr� �%
• •
San Juan Corporate Plaza -2- August 20, 1996
FINANCIAL CONSIDERATIONS:
An $11.00 fee will be required by the Recorder's Office to record the Release. The Title Company
has been requested to provide the $11.00.
NOTIFICATION:
Near North National Title Corporation,
ALTERNATE ACTIONS:
By motion, approve the Release of Memorandum of Agreement; authorize the Mayor to
execute the document on behalf of the City; and direct the City Clerk to forward the Release
to the Orange County Recorder's Office.
Do not approve the Release of Memorandum of Agreement.
Request additional information.
RECOMMENDATION:
By motion, approve the Release of Memorandum of Agreement; authorize the Mayor to execute the
document on behalf of the City; and direct the City Clerk to forward the Release to the Orange
County Recorder's Office.
Respectfully submitted,
��ti��'✓ter �
Cheryl Johnso
Attachment
MEMORANDUM
TO: George Scarborough, City Manager
FROM: Cheryl Johnson, City Clerk IT
DATE: July 26, 1996
SUBJECT: Release of Memorandum of Agreement -San Juan Corporate
Plaza
A Title Company in Chicago has been in contact we me regarding a recorded
memorandum of Agreement between the City and San Juan Corporate Plaza for deferral
of fees with the understanding the the C of O and the $265,000 reimbursement from the
CRA would not be payable until all fees due on the project were paid. The agreement is
dated May 31, 1988 and was recorded July 8, 1988. Apparently the property is entering
escrow and they are anxious to remove this "lien" from the Title.
I have gotten a copy of Engineering's Check List showing the fees were paid and an
agenda item for the reimbursement. The Title Company has requested we provide
something that can be recorded showing the obligations were met.
I have spoken with the Recorder's Office and can fabricate a "Release of Agreement." The
City Attorney feels the item should be approved by Council.
My questions are - (1) shall we schedule this for the second meeting in August and (2) do
you want me to do it or someone else.
JUL 2 6 1996
0
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Il
L
I, CHERYL JOHNSON, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the attached is a
true and correct copy Of the following document:
Notice of Completion, Recorded Document No. 90-656943 for
the Installation of Signal Improvements at Rancho Viejo
Road and Junipero Serra Rodd, and Construction of Street
Improvements on Rancho Viejo Road from Malaspina Drive
North 800 Feet, dated December 5, 1990.
(SEAL)
Cheryl Johnsofi, dity Clerk
90-bbbJU
CORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
2:30
P.M. DEC 14 1990
RECORDED AT THE REQUEST OF
AND RETURN TO: ,,p /
oti - Q. `�tc+�.,�, RECORDER
00
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano l/
City Clerk's Department / / J� 1.! %/� / l
32400 Paseo Adelanto'r_ Ch ryl Johnson,'City Clerk 1
San Juan Capistrano, CA 92675 E�t,t;r I City of San Juan Capistrano, CA
C14
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that work was performed in the City of San Juan Capistrano,
California, by San Juan Corporate Plaza, Architectural Control 85-3, as follows:
INSTALLATION OF SIGNAL IMPROVEMENTS AT RANCHO VIEJO
ROAD AND JUNIPERO SERRA ROAD, AND CONSTRUCTION OF
STREET IMPROVEMENTS ON RANCHO VIEJO ROAD FROM
MALASPINA DRIVE NORTH 800 FEET
June 30, 1990
That said work was completeAy said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was recommended for approval and was accepted by the City Council of the City of
San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California
92675, at a regular meeting thereof held on the 4th day of December, 1990, by
Resolution No. 90-12-4-1
That upon said contract, the American Motorists Insurance Company was surety for the
bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this 5th day of December
1990.
13u ��7%I j. ilL1 Jl/�C 4
Ctieryl Johnson, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of
the City of San Juan Capistrano, California, do hereby certify under penalty of perjury
that the foregoing Notice of Completion is true and correct, and that said Notice of
Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano, California, this 5th day of December
1990.
Ch ryl Johnson, City Clerk
City of San Juan Capistrano
AGENDAITEM
TO:
FROM:
SUBJECT:
SITUATION
0
December 4, 1990
Stephen B. Julian, City Manager
Ray Wellington, Interim Director of Engineering do Building
Resolution, Notice of Completion, Final Report, AC 85_3, San Juan
Corporate Plaza, 30448 Rancho Viejo Road (Republic Commercial)
During the development review process for the construction of San Juan Corporate
Plaza, it was determined that a traffic signal was warranted at the intersection of
Rancho Viejo Road and Junipero Serra Road along with widening of Rancho Viejo Road
from Malaspina Road north 800 feet to the boundary with the Health Park project.
In May of 1988, the developer and the San Juan Capistrano Community Redevelopment
Agency (CRA) entered into a Reimbursement Agreement (attached) for installation of
the street and signal improvements.
Those public improvements required for the referenced project have now been inspected
and recommended for acceptance by the Engineering Division. The right-of-way
necessary to accomodate the improvements was accepted in a prior Council action.
All sureties held for this project are bonds written by American Motorists Insurance
Company. Bonds consist of a Labor and Material Bond and a Performance Bond, both in
the amount of $386,400, and a Monumentation Bond for $2,800.
NOTIFICATION
Republic Commercial Company, Walter Gaynor, developer
Suttcor International
Christensen Engineering
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
All reimbursement payments have been previously made to San Juan Corporate Plaza
from the CRA. There is no additional cost or compensation to the City associated with
this action.
ALTERNATE ACTIONS
1. Accept the public improvements for AC 85-3.
2. Do not accept the public improvements for AC 85-3.
3. Request additional information from Staff.
FOR CITY COUNCIL AGENDJ�
AGENDA ITEM . •
December 4, 1990
Page 2
RECOMMENDATION
By resolution, determine that the street and signal improvements for AC 85-3, San Juan
Corporate Plaza, has been completed and declare the work to be accepted; authorize
exoneration of the following bonds: Performance, $386,400; Labor and Material,
$386,400; and Monumentation, $2,800. Direct the City Clerk to, within ten days from
the date of acceptance, file a notice of completion with the Orange County Recorder;
authorize Staff to retain a 10% retention until thirty-five (35) days after recordation of
the notice of completion.
Respectfully submitted,
Ray Wellington, P.E.
RW/RAF:ssg
Attachments
• RESOLUTION NO. •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS ON RANCHO VIEJO ROAD FROM MALASPINA
ROAD NORTH 800 FEET AND THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF RANCHO VIEJO ROAD AND
JUNIPERO SERRA ROAD.
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (CRA)
entered into a reimbursement agreement with San Juan Corporate Plaza for the
installation of street improvements on Rancho Viejo Road from Malaspina Road north
800 feet and traffic signal installation at the intersection of Rancho Viejo Road and
Junipero Serra Road; and,
WHEREAS, said improvements have been inspected and installed to the
satisfaction of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by said
Developer in said Reimbursement Agreement has been completed.
SECTION 2. That the work is hereby accepted and approved.
SECTION 3. The City Clerk is directed to forward a Notice of
Completion to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this
of , 1990.
ATTEST:
CHERYL JOHNSON, CITY CLERK
MAYOR
-1-
day
RECORDED AT THE REQUEST OF
AND RETURN TO:
City of San Juan Capistrano
City Clerk's Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
0
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Cheryl Johnson, City Clerk
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that work was performed in the City of San Juan Capistrano,
California, by San Juan Corporate Plaza, AC 85-3, as follows:
INSTALLATION OF SIGNAL IMPROVEMENTS AT
RANCHO VIEJO ROAD AND JUNIPERO SERRA ROAD AND CONSTRUCTION
OF STREET IMPROVEMENTS ON RANCHO VIEJO ROAD FROM
MALISPINA DRIVE NORTH 800 FEET
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was recommended for approval and was accepted as complete by the City Council
of the City of San Juan Capistrano, as owner, at a regular meeting thereof held on
the _ day of , 1990, by Resolution No.
That upon said contract, the American Motorists Insurance Company was surety for the
bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this day of
Cheryl Johnson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
1990.
I, Cheryl Johnson, the duly appointed and qualified City Clerk of the City of San Juan
Capistrano, California, do hereby certify under penalty of perjury that the foregoing
Notice of Completion is true and correct, and that said Notice of Completion was duly
and regularly ordered to be recorded in the Office of the Orange County Recorder by
said City Council of the City of San Juan Capistrano.
Dated at San Juan Capistrano this day of
1990.
Cheryl Johnson, City Clerk
JUAN
CORPORATE PLAZA`
r
N
•
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO )
AND MAIL TAX STATEMENTS TO: )
Agency Clerk )
San Juan Capistrano )
Community Redevelopment Agency )
32400 Paseo Adelanto )
San Juan Capistrano, CA 92675 )
amity wF
ace above for Recorder's Use
This document is exempt from the
payment of a recording fee
pursuant to Government Code
Section 6103.
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:
Mary An Hanover
Its: A¢ency Secretary
Dated: May 3 , 1988
AGREEMENT FOR REIMBURSEMENT
THIS AGREEMENT, made and entered into this 3rd day
of htay , 1988, by and among the SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and
politic, hereinafter "Agency", and the CITY OF SAN JUAN
CAPISTRANO, a municipal corporation, hereinafter "City", and
SAN JUAN CORPORATE PLAZA, a California general partnership,
hereinafter "Developer".
R E C I T A L S
The following Recitals are a substantive part of this
Agreement:
WHEREAS, the Agency is formed under and operates pursuant
to the Community Redevelopment Law, Health and Safety Code
Section 33000, et sec. (the "Act"); and
0 0
WHEREAS, in addition to the extent of the Public
Improvements required in Resolution No. 86-8-19-2, the
following factors contribute to the need for the Agency to
assist financially in the completion of the Public
Improvements: (i) widening of Rancho Viejo Road from two lanes
to four lanes, including a center median and bike path requires
right-of-way dedication along the frontage of Developer's
Property; (ii) the widening along the frontage of the
Developer's Property requires the Developer to do extensive
grading of a hillside, and significant modification of the
drainage system; and (iii) the cost of widening Rancho Viejo
Road cannot be shared with another property owner on the other
side of the road because Rancho Viejo Road is parallel and
adjacent to Interstate 5.
WHEREAS, Agency and City have determined that it is in the
best interest and the welfare of the residents and in accord
with the public purposes and provisions of applicable federal,
state, and local laws and requirements to widen Rancho Viejo
Road to secondary standards and to signalize the intersection
at Rancho Viejo Road and Junipero Serra Road; and
WHEREAS, City has approved the construction plans and
specifications for the widening of Rancho Viejo Road to
secondary standards along the west side of the Developer's
Property and the signalization of the subject intersection.
NOW, THEREFORE, it is mutually agreed by and among the
Agency, the City and the Developer as follows:
Section 1. Reimbursement for Public Improvements
Developer at its sole cost and expense shall cause the
development, construction and completion of the Public
Improvements, including widening to secondary standards Rancho
Viejo Road and installation of the traffic signals required at
the intersection of Rancho Viejo Road and Junipero Serra Road.
The Agency agrees to reimburse the Developer for a portion of
the costs actually incurred in the completion of the Public
Improvements to an amountcf $265,000, including an
estimated $108,000 for the traffic signals and $157,000
attributable to the road work. Reimbursement will be made
within ten (10) days of the issuance of a Certificate of
Completion for the Public Improvements, but only after the
Developer has submitted a final accounting to the Agency with
supporting documentation which evidences the costs actually
incurred in the completion of the Public Improvements.
04--25-88
9481k/2299/38 -3-
Section 5. Completion Date
Developer shall complete all of said work and improvements
for the completion of the Public Improvements by August 15,
1988. If additional time is needed, an extension may be
requested to the City and the Agency in writing by the
Developer prior to August 15, 1988 and may be granted by the
City Engineer and Agency Director on the showing of good cause
by the Developer. Any such extension shall, however, be
subject to all the terms and conditions of this Agreement, and
any surety or other security shall continue in full force and
effect until the work and improvements have been accepted by
the City. Developer shall submit satisfactory evidence of the
extended effectiveness and validity of the bonds prior to
August 15, 1988.
Developer agrees that City may, without any notice, and at
its sole discretion, at any time after the time for completion
has passed, complete, or cause to be completed, all or any part
of the said work, and Developer shall pay to said City, upon
demand, all of the costs of any of said work done by the City,
its agents and contractors, or any of them, to complete all or
any part of the Public Improvements and all other offsite
improvements related to the development of the Property.
Developer hereby consents to entry on the Property by the City
and its forces, including contractors, in the event the City
proceeds to complete and/or maintain the work. If Developer
fails to pay for such incurred costs after demand by the City,
the Developer agrees and acknowledges that a lien for said
monies shall be recorded against the Property by the Agency or
the City, and/or that the Agency and/or the City may pursue any
and all other remedies available at law or in equity against
the Developer.
Section 6. Liability
Developer shall protect, defend, indemnify, and hold
harmless City, Agency, and their elective and appointive
boards, officers, agents, and employees from any and all
claims, liabilities, expenses, or damages of any nature,
including attorney fees, for injury to, or death of, any
person, and for injury to any property, including consequential
damages of any nature resulting therefrom, arising out of or in
any way connected with the performance of this Agreement by, or
on behalf of Developer.
Developer shall comply with all of the provisions of the
Worker's Compensation Insurance and Safety in Employment Laws
of the State of California, including the applicable provisions
of Divisions 4 and 5 of the California Labor Code and all
04-25-88
9481k/2299/38 -5-
0
67
Developer shall obtain and maintain during the life of this
Agreement the following coverage:
a. Comprehensive general liability, automobile liability,
including owner, hired, and non -owned vehicles,
blanket contractural liability and personal injury
liability, all with limits not less than $1,000,000
combined single limit per occurrence.
b. Endorsements shall be obtained for the policies
providing the above insurance for the following three
provisions:
(i) Additional named insured:
The City of San Juan Capistrano, its
elective and appointive boards, officers,
agents, and employees are added as
additional named insureds with respect to
this subject project and contract with City
and Agency.
(ii) Additional named insured:
The San Juan Capistrano Community
Redevelopment Agency, its elective and
appointive boards, officers, agents, and
employees are added or additional named
insureds with respect to this subject
Project and contract with City and Agency.
(iii) Notice:
Said policy shall not terminate nor shall it
be cancelled or the coverage reduced until
after thirty (30) days written notice is
given to City and Agency.
(iv) Primary Coverage:
Said policy and coverage, as is afforded to
the City of San Juan Capistrano, and the San
Juan Capistrano Community Redevelopment
Agency and their elective and appointive
boards, officers, agents, and employees
shall be primary insurance and not
contributing with any other insurance
maintained by the City or the Agency.
04-25-88
9481k/2299/38 -7-
I
2
L
i
Ir 11i
i
i,
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0
December 4, 1990
Stephen B. Julian, City Manager
Ray Wellington, Interim Director of Engineering & Building
Resolution, Acceptance of Right -of -Way, 30448 Rancho Viejo Road, AC
85-3, San Juan Corporate Plaza (Republic Commercial)
The attached right-of-way dedication is to accommodate the street improvements
installed along Rancho Viejo Road from Malaspina Road north approximately 800' to the
boundary of the Health Park project. The street improvements, along with the traffic
signal at Junipero Serra Road, were required for the construction of the San Juan
Corporate Plaza offices.
All referenced improvements have been installed to the satisfaction of the City
Engineer.
NOTIFICATION
Republic Commercial Development
Suttcor International
Christiansen Engineering
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
This project was previously reviewed and conditioned to provide the street and signal
improvements and corresponding right-of-way by the Traffic and Transportation
Commission, Planning Commission and the City Council.
FINANCIAL CONSIDERATIONS
There is no cost associated with this action.
ALTERNATE ACTIONS
1. Accept the right-of-way.
2. Do not accept the right-of-way.
3. Request additional information from Staff.
FOR CITY COUNCIL AGEND, ... f--
AGENDA ITEM
December 4, 1990
Page 2
RECOMMENDATION
By resolution, accept the dedicated right-of-way for Rancho Viejo Road adjacent to AC
85-3, San Juan Corporate Plaza. Authorize the City Clerk to record the dedication
document with the Orange County Recorder's Office.
Respectfully submitted,
iL� � fait
Ray Wellington, P.E.
R W /RAF:ssg
Attachments
! 0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING STREET
DEDICATION FOR RANCHO VIEJO ROAD FROM MALASPINA
ROAD TO APPROXIMATELY 800 FEET NORTH.
WHEREAS, in conjunction with the construction of AC 85-3, San Juan
Corporate Plaza, it was necessary for the developer of said property to widen and
improve Rancho Viejo Road; and,
WHEREAS, the owner of said property was conditioned to dedicate right-of-
way encompassing said street improvements in conjunction with approval of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does accept the dedication for right-of-way for Rancho Viejo Road
from Malaspina Road north approximately 800 feet as more precisely shown on Exhibit
"A" attached hereto from San Juan Corporate Plaza/Suttcor International and directs the
City Clerk to forward said document to the Orange County Recorder for recordation.
PASSED, APPROVED, AND ADOPTED this
of , 1990.
ATTEST:
CITY CLERK
MAYOR
-1-
day
i
If, SAN JUAN
CORPORATE PLAZA
firsi 4
ihi return to f
CITl CLERK'S UFFIC6
Clic% of San Juan CapiNc
3_4011 Paaeo Adelanto
San Juan Capistrano. California 92675
NO &at Nue
Recording re -asted per Government
Cod4*ction 6103
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
EXHIBIT "Ae PAGE 1 OF 5
Project No. AC 85-3
Project: San Juan Corporate Plaza
Parcel No. 650-161-02
PUBLIC STREET AND HIGHWAY DEDICATION
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SAN JUAN CORPORATE PLAZA, a California general partnership,
hereby DEDICATES to the City of San Juan Capistrano, a municipal
corporation, a perpetual easement and right of way for public street and
highway purposes, public and franchised utility purposes, and sewer purpo:
in, on and over the real property in the City of San Juan Capistrano, Cour
of Orange, State of California, described as:
Refer to attached Exhibits.
Dated APRIL 6 , 1988
STATE 07 CALIFORNIA )
) as
COMM of ORANOE )
San Juan Corporate Plaza,
a California general partnership,
By Suttcor International, a California
Corporation, Managing General Partner
Jame iskas, President, for Partner
On this 6TH day of APRIL , 1988, before me Cerise L. Steinel
a Notary Public in and for said State, personally appeared James Riskos,
personally known to me for proved to me on the basis of satisfactory
evidence) to be the President of Suttcor International, a California
Corporation, Managing General Partner of San Juan Corporate Plaza, a
California General Partnership, the partnership that executed the within
instrument and acknowledged to me that such partnership executed the same.
My commission expires 10X 2 1001 . N as my hand d o i ■ goal:
OFFICIAL SEAL. tar Pu 1 in add for said State
CERISE L STEIMEL
• NOTARY PUSUC • CAUIIORNIA
R4 comm 1 1391
Min .,n for ett4w we A w1
0 miser „A„ 0
No. 10609
P31Der- V
CAL
LEGAL DESCRIPTION OF LANDS DEDICATED TO THE PUBLIC FOR HIGHWAY,
ROADWAY AND UTILITY PURPOSES, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF PORTIONS OF RANCHO VIEJO ROAD AND MALASPINA ROAD.
FITNIMM
That certain real property in the City of San Juan Capistrano, County of
Orange, State of California described as follows:
That portion of the north half of Section 36, Township 7 South, Range f
West, S.H.M., in the City of San Juan Capistrano, County of Orange, State
of California, according to the official plat thereof on file in the Federal
Bureau of Land Management, described as follows:
COMMENCING at the northeast corner of the lands described in'a deed to Sac
Juan Corporate Plaza, a California General Partnership, recorded or
September 13, 1985 as Document No. 85-349555 in Official Records of said
Orange County (Doc. No. 85-349555, hereinafter), being a point on the
easterly line of lands shown on a map recorded in Book 11, Page 46 of
Records of Surveys of said Orange County, being also the southeast corner
of lands shown on Tract No. 12257, recorded in Book 595, Pages 38 through
42 of Miscellaneous Maps of said Orange County (Tract No. 12257,
hereinafter); thence, westerly along the common boundary line between said
lands of said Doc. No. 85-349555, and said Tract No. 12257, North 88. 43'
10' West 505.74 feet to a point on the easterly right of way line of
Parcel 1 described in a deed to the State of California recorded in Book
8377, Page 272 of Official Records of said Orange County (O.R. 8377/272
hereinafter), said point being the TRUE POINT OF BEGINNING of the lands
described herein; thence, southeasterly along said O.R. 8377/272 line,
South 45" 22' 28" East 403.12 feet to a point on a nontangent curve
concave southwesterly and having a radius of 464.00 feet, a radial through
said point bears North 55. 27' 30" East; thence leaving said O.R. 8377/272
line, northwesterly along said curve, through a central angle of 11. 43'
30" an arc distance of 94.95 feet; thence, tangent North 46. 16' 00" West
73.65 feet to the beginning of a tangent curve, concave northeasterly and
having a radius of 70.00 feet; thence northwesterly along said curve
through a central angle of 14. 02' 10" an arc length of 17.15 feet; thence
tangent North 32••13' 50" West 20.30 feet to the beginning of a tangent
curve, concave southwesterly and having a radius of 100.00 feet; thence,
northwesterly along said curve through a central angle of 14. 02' 10" an
arc distance of 24.50 feet; thence, tangent North 46. 16' 00" West 29.54
feet to the beginning of a tangent curve, concave northeasterly and having
a radius of 926.00 feet; thence northwesterly along said curve, through a
central angle of 5° 47' 37" an arc distance of 93.63 feet; thence radially
southwesterly, South 49. 31' 37" West 10.00 feet to the beginning of a
radial concentric curve, concave northeasterly and having a radius of
936.00 feet; thence northwesterly along said curve, through a central
angle of 2. 14' 42" an arc distance of 36.67 feet to a point on the
northerly line of said Doc. No. 85-349555 lands, a radial through said
N
Page 3 of 5
EXHIBIT "A"
point bears North 51. 46' 19" East; thence, North 88. 43' 30" West 18.
feet along said northerly line to the TRUE POINT OF BEGINNING, containi
an area of 4336 square feet, more or less.
That certain real property in the City of San Juan Capistrano, County of I
Orange, State of California described as follows:
That portion of the north half of Section 36, Township 7 South, Range 8
West, S.B.M., in the City of San Juan Capistrano, County of Orange, Sta
of California, according to the official plat thereof on file in the
Federal Bureau of Land Management, described as follows:
BEGINNING at the southeasterly corner of lands conveyed to the State of
California in a deed recorded September 19, 1967 in Book 8377, Page 272 0
Official Records of said Orange County, said point being the point of
beginning of Parcel 1 of said deed; thence, easterly along the South line
of said north half, South 890 46' 30" East 139.35 feet to a point
accepted as the southeast corner of the Southwest quarter of the Northeas
quarter of said Section 36, said point being also the southeast corner of
the lands described in a deed to San Juan .Corporate Plaza, a California
General Partnership, recorded on September 13, 1985 as Document No. 85-
349555 in Official Records of said Orange County (Doc. No. 85-349555,
hereinafter); thence, northerly along the easterly line of said Southwest
quarter and said Doc. No. 85-349555 lands, North 0. 44' 30" East 6.00
feet; thence, leaving said line, North 89. 46' 30" West 96.19 feet, alon-
a westerly extension of the northerly line of Malaspina Road, a public
road (at this location) shown on Tract No. 9184 recorded in Book 382,
Pages 42 and 43 of Miscellaneous Maps of said Orange County; thence, Nort
45. 22' 17" West 28.58 feet to a point on a nontangent curve, a radial
through said point bears North 886 21' 32" East; thence, northerly along
said right of way curve, concave westerly and having a radius of 849.60
feet, through a central angle of 36 18' 44" an arc distance of 49.11 feet
thence tangent North 46 57' 12" West 24.61 feet; thence leaving said
rights of way line, southerly along the easterly line of the lands deeded
to the State of California in said deed recorded September 19, 1967 in
Book 8377, Page 272 of Official Records of said Orange County, South 100
12' 54" West 101.16 feet to the POINT OF BEGINNING, containing an area o
2137 square feet, more or less.
9
LEGEND -
PAR. 1 PAGE 5
PAR. 2 PAGE 5
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SE=NT RY:NEAR NORTH NAT'L TITLE; 8- 8-96 ;11:23AM ; CHICAGO- 7144931053;# 1/ 1
NEAR NORTON ATIONAI. TITLE C0401'ORA'TION
A Mc.... No.•. NA"..R, Gaa..n
222 N. LA5—� Srnav-i1��919 3�0
Cn¢.eo. Iul.oin 10 01 i.. 312/919.0969
August 8, 1996
TO: Sheryl Johnson
Clerk - San Juan Capistrano
714-493-1053
FROM: David E. Ma.rckres
312-419--3919 direct
0569 fax
RF: Memorandum of Agreement-. Releasr_
Document #88-328697
San Juan Corporate Plaza
Mailing address is:
Near North National Title Corp.
222 N. LaSalle Strect.
1st Floor
Chicago, 11. 60601
Thank you for your time and consideration -
1 page
�l�
0 0
MEMORANDUM
TO: File
FROM: Cheryl Johnson, City Clerk
DATE: July 24, 1996
SUBJECT: San Juan Corporate Plaza
David Marckres, Nearnor National Title (312) 419-3919, called this date to advise that a
title search for San Juan Corporate Plaza revealed that a 'lien" is in place from a
"Memorandum of Agreement"for deferral of fees subject to understanding that Certificates
of Occupancy and the $265,000 CRA reimbursement will not be forthcoming until the fees
have been paid. He questioned whether the 'lien" could be released and that if it could
we do so.
Called 7/29 to advise we would schedule item from Agenda on 8/20/96; requested $11
recording fee and contact person/address
Jq
44,475- S
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F=-- ANZ 337 777=777-
'-
Fees
❑ Map Check
71
71
71
fJ, lorp, f�tw
3,S�f �✓�
2 -,Y. /, rM
Amt. Sec' c Amt. ?d. /Date ?c. ia: accoun: `:c.
J1-409
Drainage Area LoZAC960 V 5 3 04/ (!r :;705-44 16
Advance Energy Z4(0
Inspection lZQyd
Imp. Plan Check -�
Grading Plan Check
Sewer Capacity Z29)
S.J. Corridor* 09-2300-0002
Foothill Corridor* -- 09-2300-0003
Agricultural Prsserv. 3 5� 35 iy- 06-4418
Traffic
Parks b Rec. 04-4417
01-4601
01-4409
01-4409
1i-4422
School
❑ Sys. Devel. Tax*
Bridge Fund
Devel. Fees
*Collected by Com
Documents
Approved/Recorded
❑
Cross Sections
❑
Title Report
❑
Traverse Sheet
❑
Hydro/Hydra Calcs
❑
Soils Report
❑
OC Map Check
❑
Homeowners Agmt.
�:11:1 �x•��; i.1rH � � � �1' 1 �+b �7
Perf.(Pri.)
Perf.(Pub.)
Land M
Survey Mon.
Improv. Agmt.
Part. Agmt-
Redev- Agmt,
01-2300-0007
03-4207-_
�9. 7- 7 02-4419
Planning '& Development�t.
Documenta
Date Recd/Initial Approved/Recorded Data Rec'd/lnitia.
❑ Land Use Restrict.
❑ Hold Harmless Agmt.
❑ Dedication Release
❑ As -Built Plans.
❑ Line b Grade Cert.
EIR
❑ Comm. Davel. Plan
Date Rec'd
Amount Bond No. Ias. Co. Initial
AWm,
J00 3514 LLS,9
Z-300 35.1
(1C,(C(- ( 4 C,
Date Exon./
Held By Initial