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
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�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
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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 __