Loading...
1981-1117_CROW SAN JUAN RANCH_Reimbursement Agreement RECORDING REQUESTED BY ANDD 5473 ORDING FEES EXEMPT DUE TO %UFN RECORDED RETURN TO: /ERNMENT CODE SECTION 6103 ' City•of San Juan Capistrano kOffice of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ne .-s MAR AN NOVER, City Clerk JI San Juan Capistrano, California REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT ,AGREEMENT (this "Agreement" ) is entered into as of the ,-.Zth day of Xave 1981, by and between CROW +� SAN JUAN RANCH, a California limited partnership ( "Developer" ) , W and THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ( "City" ) , with reference to the following facts: O A. City has heretofore approved and adopted a precise T✓ alignment for the portion of the public street known as "Rancho Viejo Road, " approximately as shown on the plot plan attached W hereto as Exhibit "A" (the "Road" ) . 01 01 B. Developer is the owner of the land more particularly described in Exhibit "B" attached hereto ( "Developer' s Land" ) . C. In connection with the development of Developer' s Land, Developer has applied to City for, and has been granted appro- val of, Orange County Tentative Parcel Map No . 80-851 (the "Map" ) , and one of the conditions of the approval of the Map is that Devel- oper agree to construct the Road. D. Developer has agreed to construct the Road and, in connection therewith, to provide to City certain payment and per- formance bonds in the aggregate amount of $1, 820, 000.00, substan- tially in the forms attached hereto as Exhibits "C-1, " and "C-2, " respectively. E. It is the desire and intent of City and Developer that following completion of construction of the Road, as herein- after provided, Developer shall thereafter be entitled to reimburse- ment of the portion of such cost relating to the parcels other than Developer' s Land, which have been benefited by the construc- tion of the Road. NOW, THEREFORE, in consideration of the foregoing facts, and the terms, covenants and conditions hereinafter set forth, City hereby agrees to reimburse Developer up to the sum of $275, 000, from road reimbursement fees which City agrees to collect from the owner or owners of Parcels 1, 2 and 3, as shown on Exhibit "D" hereto, and as more particularly described in Exhibit "E" hereto (the "Benefited Parcels" ) , upon and subject to the following terms and conditions: 1 . Term of Agreement. The term of this Agreement shall commence on the date hereof and shall expire on the 15th anniversary of the date hereof. RE WED IN OFFICIAL RECONDi OF ORANGE 0111T4, CALIFORNIA -32 PM DEC 3 '81 LEE A. BRANCH. County Recadw Y BK 1431OPO 1356 2 . Plans and Specifications. The construction of the Road by Developer shall be undertaken and completed substantially in accordance with the plans and specifications therefor, which have been approved by City, as more particularly described in the schedule of plans and specifications set forth in Exhibit "F" at- tached hereto. 3 . Allocation of Reimbursement. The owner or owners of each of the Benefited Parcels shall be responsible for paying to City the following reimbursement amount or amounts as a condi- tion of approval by City of any "development authorization, " as hereinafter defined, of such Benefited Parcel, and such amount or amounts shall be payable by City to Developer within 90 days follow- ing receipt thereof by City. The reimbursement amounts applicable to each of the Benefited Parcels shall be as follows: (a) If Parcel 2 receives "development authorization" before Parcels 1 or 3 : (i ) Parcel 2 Reimbursement $275, 000. 00 Amount ( ii) Parcels 1 and 3 Reim- 0 bursement Amount (b) If Parcel 1 or Parcel 3 receives "development authori- zation" before Parcel 2 : (i) Parcels 1 and 3 Reim- $137, 500.00 bursement Amount, payable as a condition of approval of "development authoriza- tion" of first to be approved of Parcel 1 or Parcel 3 . (ii ) Parcel 2 Reimbursement $137, 500. 00 Amount, payable as a condition of approval of "development authori- zation" of Parcel 2 . For purposes of this paragraph, the term "development authorization" shall mean the approval by the City of any final tract map, final parcel map, grading permit or building permit with respect to the Benefited Parcel, that would involve connection to Rancho Viejo Road by new utility connections, new driveways, new roads, or new dedications to the City of San Juan Capistrano; provided, however, that irrespective of any connection to Rancho Viejo Road by any means above described, (a) any grading permit or building permit for a structure related to the present agricultural operation on the Benefited Parcel, or (b) a condemnation by any governmental authority for the benefit of any property other than the Benefited Parcel, shall not be deemed a "development authorization. " -2- BK 143 10Po 1357 4. Sou0ce of Funds. It is acknowAged and agreed by - Developer that City shall not be required to provide funds for the reimbursement of Developer from any source other than funds collected with respect to the Benefited Parcels for reimbursement of the construction of the Road. 5 . Notices. All notices permitted or required under this Agreement shall be deemed given upon personal delivery or 48 hours after having been dispatched by telegram; or deposited in the United States mail, certified, postage prepaid, return receipt requested; and addressed to the party to whom directed at the ad- dress set forth below or at such other address of which such party shall have directed in a similar notice: If to Developer: Crow San Juan Ranch c/o Trammel Crow Company 17941 Fitch Irvine, California 92714 If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Engineer 6 . Successors and Assigns . This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 7 . Attorneys' Fees. Should suit be brought to enforce or interpret any part of this Agreement, the "prevailing party" shall be entitled to recover as an element of costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall be the party entitled to recover its costs of suit, re- gardless of whether such suit proceeds to final judgment. A party not entitled to recover its costs shall not be entitled to recover attor- neys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys' fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY: CIT F SAN JUAN CAPISTRANO i y i Lawrence . Buchheim, Mayor Pro Tem ATTEST: Approved as to form: Mary Aqte Hanover JaiWs S. Okazaki, Cit Attorney City Clerk DEVELOPER: CROW SAN JUAN RANCH, a California general partnership By: Crow Capistrano, a Texas limited p 1 tnership Its Gene Parr ne By /r -3- CLIFTO K. CHANG BK '1431OP6 1358 STATE OF CALIFONNIA, t 3L !tF COUNTY OF Orange , ' l ON November81 before Ige the undersign it. a Not P blic in and for the said State, persenally appeared � y 2L known to me to he the President,and known to me to be the —SURN3fiX Cit-v r'iark 3' OFFICIAL SEAL. Munyci,p,31 RUTH E MARQUA^,n the CorporaTion that executed the within Instrument, known to me to be the persons who m NOTARY OU91 ie - Ca:+ �nnun �- ORANGE COUNTY e1lCCUICd the WINilO IOSI Wnlenl, On behalf OI lild Corporation herein named, and by law My wmm. expires MAY 23, 1964 to me that such Corporation executed the within Instrument pursuant to its bylaws of e 3 resolution of its board of directors. WITNESS my hand and official seal • Notary I'u01ic in mrd for sar all. ACKxOWII nr:rr x]-Cery.-Pni. i Sai.—Wxketli lain]7F-Aae.]tl—�� -----� BK t431Opo 1359 STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On November 17, 1981, before me, the undersigned, a Notary Public in and for said State, personal% a eared �dcd iY�o�cc �uc�he/ia/ known to me to be the Mayor�/�f�heZ'ITY OF SAN JUAN CAPISTRANO, CALIFORNIA, known to me to be the municipal entity that executed the within instrument, and acknowledged to me that such city executed the same . WITNESS my hand and official seal . Notary Public OFFICIAL SEAL MARY ANN HANh"F, 11) ^ n'r ^i NOTARY PUBLIC - Cay s'>p pd t ORANGE COCft',Y *Comm. npin,fRR 20, V,14 STATE OF CALIFORNIA ) ) ss. COUNTY OF Lg ) On a 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared cl.tF7oN A. cy'31,r,A , known to me to be one of the general partners of CROW SAN JUAN RANCH, the partnership that executed the within instrument, and acknowledged to me that such part- nership executed the same. WITNESS my hand and official seal. Notary ubl - OFFICIAL SEAL ZANETTA T ZATN WP o >m NOTARY PUBLIC - cALIFOR NIA d ORANGE COUNTY My comm. expires NOV 28, 1983 -4- EXHIBIT "A" ",o BK 1 43 1 OPG 1300 ti 0 Y � : \ N �htr�ultvc� WALDEN & ASSOCIATES, Inc. Wevt GarryAvenue, Suite S V t E J O 900 1,17 \!,� Santa Ana, California 92704 �� 1�' (714) 549-8649 4)GC"'�m YN 1r CIVIL ENGINEERING 7113 8I LAND SURVEYING -Iq- )7-1 c ,,. 'No.No. Date SK 1 43 1 Cpo 1361 EXHIBIT "B" Parcel 1 in the City of San Juan Capistrano , County of Orange , State of California , as shown on the map filed in Book 137 , Pages 30 through 36 inclusive of parcel maps in the office of the County Recorder of said county. ,� WALDEN & ASSOCIATES, Inc. 4002 West Garry Avenue, Suite B Santa Ana, California 92104 (714) 549-3649 CIVIL ENGINEERING LAND SURVEYING WO.No. Date 1112SI R!1 ENVIRONMENTAL PLANNING En Chk Sheep 01 R �AC'I • EXHI3IT "C-1" .1'1:: JEC'I' -- BOND NO. ru111,1c �{( 1 4 3 1 0 po 1362 MIERYA:; , t:hc C:i. Ly Counc.i. l. c>!. ;.hc C• i `l. c: '. : .:n J1,:111 Capistrano, Static of Califorui.n , and - -- ---------__— '. whose mai.linq address .i.s , hereinafl:cr designated as Principal. , have entered intu :uI agrccutcntiahicrcL; principitl ante(,., to install and complete cerLitin des.ignrited improvement:: , which said agJ..ccmenL- dated , 19 attd ideltti,:i as (Suhdivis.ion Agreoment for Tract ) (Project ) hereby referred to and made a part hei:cof ; and t•rrlErr•.AS , Said Principal is required under the terms of said agreement , to furnish a bond for the labor and materials of said -agreement . '1'11LI:L•'FORE, we , the Principal , and whose mailinq address; is c Surety, r:rc held and firmly bound unto the City of .+an Juan (fapistrano, hereinafter called City , in the penal sum of Dollars ($ ) lawful money of the United States , for ,cho payment of: which sum well and truly to be Pelade, we bond ourselves , our heirs , successors , executors and administrators , jointly and severally, firmly by these presents . The condition of this obli-gation is such that if the above bounded Principal , his or its heirs , executors , administrators , successor; or assigns, shall in all things stand to and abide by , and well and truly keep and perform the covenants , conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part , to be kept and performed at the tine and in the mannc_r ther-iin specified , and in al.l respects according to their true inteht and meani.iic;, and shall indemnify and save harmless the City of San Juan Capistrano, its officers , agents and employees , as therein stipulated, then this obligshier: shall become null and voiu; otherwise it .shall be and remain in full force and effect. As a .part of the obligation secured hereby , and in addition to the face amount specified therefor. , there shall be included cosL-s and reasonable expenses ani fees , including reasonable attorney ' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change , exten-cion of alteration or addit.i.on. to the terms- of the agreement or to the work to I-"- performed thereunder, or the specifications accompanying sane , shall in any - way affect its obligations on this bond, and it does hereby X•:ai.vc any notice of any such change , extension of time alteration or addition to the teu:ms of the agreement or to the work or to the specifications . IN 11ITN1'.S` t;P.1:I:I:01', this instrument has been duly executed by the princil,_ 1 and surety above named, on 19 P1tINCII'T+L SURETY By By AiItII :•::n of !:u'nlivi l •r : RECORDER'S MEMO: LEGIBILITY OF WRITING, TYPING OR PRINTING UNSATISFACTORY IN . . . ._ . .. _ _ . . .. _ THIS DOCUMENT WHEN RECEIVED. I'i in: • i � It. .ii.,l .'iiia I p.�i I • c,I' 140. --- — EXHIBIT "C-2" OV.11,03ECT BOND flu. J---• • PUBLIC BOND FOR :fI1PIti)V1:I9i NTS BK 1 J 1 PG 1363 MIERiAS , the City Council of the City of. Scut Juan Capistrano, SLatc of California , acid , whose :i .litre . ,'. ire•:,_. .i ---------- - -- -- hc•rcir;•-i1lc•r d<.:;iclnatc-d iu; P I-i tc I 1"I.1 , hove Uni:Crcd i)7 Lo ar! agree Fm' )t %Awr.eb} 1)rinr-ip,: 1 ,:gree:: to ins• Lal.l and cotnpl.cte curtain designated iml;):ovementr , iahi c h :. '• cl .t(,)-cu ent dated _ , 19 and i.dcnLifi as (5u`,fli.vis.Loll Agreement: for. Tract-. ) .(Project ) hcrchy rc Cc n'cc. Lo incl L4ttle a part hcreuf ; and — t;Illa;l;i.:. , Said Principal is requirod under the t-erins , of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, TIIMU3FORE, we, the Principal , and _ , whose mailing adilrc is _ , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sura of Dollars ($ ) lawful money of the UHIT , States , for the payment of which sum well and truly to he made, we bond ourselves , our heirs , successors , executors and administrators , jointly and severally; firmly by these presents . The condition of this obligation is such that if the above bounded Principal , his or its heirs, executors , administrators , successors or assigns , shall in all things stand to and abide by , and well and truly keep and perform the covenants , conditions and provisions in the said agreemcnt and any alteration thereof made as thcrein ' providcd , on his or thcil-- part, to be kept and performed at the time and in the manner therein specified , and in all respects according to their true inteiiL- and mcaninrr , and ,hall indemnify and save harmless the City of San Juan Capiscrano, ' its officers , agents and employees , as therein stipulated, then '-l.is obligit ' ol, shall become null and void; otherwise it .shall be and remain in full force and effect. As a part of the obligation secured hereby , and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney ' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Tho, sm-ety hereby stipulates and agrees that no change , extension of tim.c , nl i Cr-af-ion or. add.i Lion' to the terms of the agreement or' to the work to be performed thereunder, or the specifications accompanying same' , shall in any way affect its obligations on this bond, and it docs hereby waive any notice of any such change, extension of, time alteration or addition to tho terms of the agreement or to the wore: or to the specifications ., 1N. 1::CTNI;SS WHEREOF, this instrument has been duly executed by the principal zinc] sure Ly above named, on , 19 PRINCIPAL SUR1;Ty I ty By Ailclr •:::: of :10-diOO(.1r : 'i'I' . i iii " I � ,l ;ni iu „ I , •n! i .n . .I I' � t„ i I• � I ' . .i i 'i, l Ir� :l I. EXHIBIT „D,1 BK 1 4 3 1 6 PG 1364 0 a s 9y F Pgrzc6L / SGALE���"=2001 ti of Q % o �o 1 �O ,1 < PAR CC L 3 0 � \ O 11 1\ 1 1, 11 1 / I l� 1 I \ �D j OIL SK 1431opo 1365 EXHIBIT "E" That portion of Section 6 , Township 8 South, Range 7 West of the San Bernardino Meridian in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office April 12 , 1875 , de- scribed in Parcels as follows : Parcel 1 : Being all the land described in the deed to the Romarco Realty Corporation recorded November 5 , 1964 in Book 7289 Page 876 of Official Records in the office of said County Recorder. Parcel 2 : Being that portion of the land described in the deed to t e Romarco Realty Corporation recorded July 8 , 1958 in Book 4341 Page 119 of Official Records in the office of said County Recorder Excepting that portion lying southwesterly of Rancho Viejo Road as shown on Exhibit "D". Parcel 3: Being that portion of the land described in the deed to The Romarco Realty Corporation recorded July 8 , 1958 in Book 4341 Page 119 of Official Records in the office of said County Recorder. Excepting that portion lying northeasterly of Rancho Viejo Road as shown on Exhibit "D" . WALDEN & ASSOCIATES, Inc. 4002 West Garry Avenue, Suite B Santa Ana, California 9Z704 (714) 549-8649 CIVIL ENGINEERING LAND SURVEYING W.O.No. Date 11/25/8 ENVIRONMENTAL PLANNING Sheet_Ot^_ Engr. Ch k. [ BK 1431Opo 1366 FiXHIBIT "F" Plans and specifications prepared by Walden $ Associates , Inc. entitled "Rancho Viejo Road Improvements" dated September 2 , 1980 . WALDEN ASSOC[ATES, Inc. 4002 West Garry Avenue, Suite B Santa Ana, California 92704 (714) 549-8649 CIVIL ENGINEERING LAND SURVEYING WO No Date 11/25/80 ENVIRONMENTAL PLANNING En r. Chk. Sheet—Ot __