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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 nb 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 AA 0 Ju `6R a. •a � A :.�. ,. fi1SEM,,yyEA/ ��AEBR Aa. SS- P. 5. E. CORNER P/1R. 2 -5 X4 NE y4 SEC..3(i. tMASNA14 X44,0 �4V�9 A 9 Jv EGY R - aR. 8377z7z 1 Lai w N Cf w • 1� f� w • f Lai O N < N Ci 4J 1 • w tOf � Cf 936.00' = m 9p2p6. pOlY 170 00' m N 1 of • Q. • s CA Z PARCEL 2 V. i S89.46' 30• E 96. 16'300 E !39.35' N00.44' 30• E 6.00',, S.E. COR. SJ44 NE 14 sec. 34 - 36.67' Cf 936.00' 2.11' 120 ccC2 CI 9p2p6. pOlY 170 00' 5.1227' 3p7•• !1•S2'!0' 93. 63, 17.15' C5 464.00' H643'308 94.95' S89.46' 30• E 96. 16'300 E !39.35' N00.44' 30• E 6.00',, S.E. COR. SJ44 NE 14 sec. 34 - 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 oe,�.a< cat 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