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1973-0613_CAPISTRANO VALLEY BAPTIST CHURCH_Reimbursement AgreementT& „s. ImBANKOFAMERICA SAN JUAN CAPISTRANO BRANCH June 17, 1975 RECEIVED JW 18 11 14 AM "75 CITY 1F _ SA;� CAP: Mr. William Murphy Director of Public City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 Re: Capistrano Valley Baptist Church Dear Mr. Murphy: This is to inform you that the Capistrano Valley Baptist Church has set aside in Savings Account #2-3896 the following funds designated for the specific purposes listed below: 1) $13,800.00 - Faithful performance 6,900.00 - labor and Materials $20,700.00 Total Amount These funds are designated for the construction of the new entrance to their property on Del Obispo. Sincerely, L. Casteel (Mrs.) Manager LC:rf CC: Capistrano Valley Baptist Church 32032 Del Obispo Rd. San Juan Capistrano, Calif. 92675 to A a W� w, � b� ' BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION • 31872 CAM INO CAPISTRANO. SAN JUAN CAPISTRANO, CALFORNIA 92675 REIMBURSEMENT AGREEMENT THIS AGREEMENT, for purposes of identification hereby dated the ),5`1 day of 171, .1 —e , 1973, is by and between CAPISTRANO VALLEY BAPTIST CHURCH, SOUTHERN, a Califor- nia corporation, hereinafter referred to as "Developer," and CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City has heretofore adopted the Master Plan of Drainage for the San Juan Capistrano -Capistrano Beach Area (hereinafter called Master Plan) which establishes drain- age fee assessment areas throughout the City; and WHEREAS, in connection with the development of its land, Developer applied for and was granted Land Use Permit No. 72-103 on condition that it meet the requirements of the aforesaid Master Plan; and WHEREAS, in accordance with the Master Plan, Devel- oper is required to pay a drainage assessment fee of $4,539.85; and WHEREAS, prior to the application for the said land use permit, Developer had participated in the Del Obispo Street Improvement Project AHFP No. 540, and paid the sum of $8,253.85 for the installation of storm drain facilities; and WHEREAS, Developer has, accordingly, paid an excess of $3,714.00 for and on account of said drainage assessments, and is entitled to reimbursement of that sum. NOW, THEREFORE, in consideration of the premises hereinabove set forth, City agrees to reimburse Developer the aforesaid sum of $3,714.00 from drainage fees collected from Drainage Assessment Area L02, under the following terms and conditions: 1. Term: This reimbursement agreement shall remain in effect for a period of ten (10) years from the date of this agreement. 2. Priority in claims: It is hereby speci- fically understood and agreed that the reimbursement payment contemplated herein shall come solely from funds paid into the aforesaid Drainage Assessment Area L02, and in the event that there should be other parties claiming refunds the priority of any payments made from said fund shall be determined by the date of the respec- tive reimbursement agreements. 3. Completion of master planned facilities: City shall not be required to reimburse Developer until all master planned facilities within the Drainage Assess- ment Area L02 have been constructed, unless City Council determines that the payment of such reimbursement will not jeopardize the improvement or construction of master plan facilities. 4. Binding effect: This agreement shall be binding on the parties hereto, their successors, heirs, or assigns, and it shall be the duty and obligation of the Developer, its successors, heirs, or assigns, to inform the City of any changes in address. The official mailing address of Developer is as follows: 32032 Del Obispo San Juan Capistrano, California IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY BAPTIST CHURCH, SOUTHERN, a California corporation BY i j %.. ,"G� f �1sv ld�, i ATTEST: Wanda E. Andersen, City Clerk -2- resident Secretary TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Letter of Credit for Street Improvements, Capistrano Valley Baptist Church SITUATION: The Capistrano Valley Baptist Church has requested that a letter of credit be accepted in lieu of a bond for street improvements for work to be per- formed on Del Obispo Street. Staff has reviewed this request and feels that the letter of credit, a copy is enclosed, and the amount of funds deposited are appropriate. The work to be performed includes the construction of sidewalks, curb and gutter, and street paving on Del Obispo Street -,for a driveway approach associated with the construction of new church facilities. FINANCIAL IMPLICATIONS: There are basically no financial implications to the City of San Juan Capis- trano, however funds are being held by the Bank of America (as indicated in the enclosed letter) if it becomes necessary to expend such to complete the improvements. ALTERNATIVE ACTIONS: 1. Accept the letter of credit. 2. Reject the letter of credit. 3. Request further information from staff. RECOMMENDATION: By motion, accept the enclosed letter of credit. Respectfully submitted, Fin W. D. Murphy GML:dv Encl. FOR CITY COUNCIL AGENDA AGENDA ITEM July 2, 1975 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Letter of Credit for Street Improvements, Capistrano Valley Baptist Church SITUATION: The Capistrano Valley Baptist Church has requested that a letter of credit be accepted in lieu of a bond for street improvements for work to be per- formed on Del Obispo Street. Staff has reviewed this request and feels that the letter of credit, a copy is enclosed, and the amount of funds deposited are appropriate. The work to be performed includes the construction of sidewalks, curb and gutter, and street paving on Del Obispo Street -,for a driveway approach associated with the construction of new church facilities. FINANCIAL IMPLICATIONS: There are basically no financial implications to the City of San Juan Capis- trano, however funds are being held by the Bank of America (as indicated in the enclosed letter) if it becomes necessary to expend such to complete the improvements. ALTERNATIVE ACTIONS: 1. Accept the letter of credit. 2. Reject the letter of credit. 3. Request further information from staff. RECOMMENDATION: By motion, accept the enclosed letter of credit. Respectfully submitted, Fin W. D. Murphy GML:dv Encl. FOR CITY COUNCIL AGENDA 0 W0 0 0 s1 1"MO7A A ASSOCIATES, INC. J -J MEMORANDUM TO: MR. DONALD G. WEIDNER, CITY MANAGER CITY OF SAN JUAN CAPISTRANO FROM: GEORGE E. MADSEN ACTING PUBLIC WORKS DIRECTOR 1�U�q,i0 JUNE 20, 1973 SUBJECT: REIMBURSEMENT AGREEMENT FOR THE SAN JUAN CAPISTRANO VALLEY BAPTIST CHURCH — FOR DRAINAGE SITUATION: THE BAPTIST CHURCH PARTICIPATED IN THE DEL OBISPO STREET IMPROVEMENT PROJECT No. AHFP 540 AND PAID THE SUM OF $8,253.85 TOWARD THE INSTALLATION OF THE MASTER PLAN STORM DRAIN FACILITIES. d� THEY WERE REQUIRED TO PAY FOR THE TOTAL SITE A DRAINAGE ASSESSMENT FEE OF $4,539.85; THEREFORE, THEY ARE ENTITLED TO A REIMBURSEMENT OF $3,714.00. THE ATTACHED REIMBURSEMENT AGREEMENT HAS BEEN APPROVED BY THE CITY ATTORNEY. IT IS TO REMAIN IN EFFECT FOR TEN YEARS AND SPECIFIES A PRIORITY FOR MAKING PAYMENTS. THE CITY NEED NOT MAKE ANY REIMBURSEMENTS UNTIL ALL MASTER PLAN FACILITIES ARE CONSTRUCTED WITHIN THE DRAINAGE AREA. CITY COUNCIL HAS THE PEROGATIVE OF PAYING ANY REIMBURSEMENTS PRIOR TO THE COMPLETION OF ALL FACILITIES. ALTERNATE ACTION: 1. DEFER ACTION AND REQUEST ADDITIONAL INFORMATION. 2. APPROVE THE REIMBURSEMENT AGREEMENT. RECOMMENDATION: APPROVE THE REIMBURSEMENT AGREEMENT. AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN FOR THE CITY. RESPEGT ULLY SUBMITTED, GEORGE MADSEN ACTING PUBLIC WORKS DIRECTOR LUP 72-103 FOR CITY COUNCIL 3_—.AGENDA WE.