1973-0613_CAPISTRANO VALLEY BAPTIST CHURCH_Reimbursement AgreementT&
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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�
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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
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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
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