1994-0118_FORSTER, THOMAS A._Reimbursement AgreementRecorded at Request of and When
• Recorded Mail to:
City Clerk, City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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MASTER PLAN STORM DRAIN
FORSTER PROPERTIES
THIS AGREEMENT, dated the At day of 6fylua.r , 1994, is by and between
Thomas A. Forster, owner of property located at 32532 Alipaz Street, San Juan
Capistrano (AP Nos. 121-171-46 and 121-171-47), whose official mailing address is P. O.
Box 146, San Juan Capistrano, CA 92693, hereinafter referred to as "DEVELOPER", and
the 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 drainage fee assessment areas throughout the CITY; and
• WHEREAS, in connection with the development of its land located at 32532 Alipaz
Street in the City of San Juan Capistrano, DEVELOPER applied for and was granted
approval of General Plan Amendment 88-2, Rezone 88-1 and Conditional Use Permit 88-
10 on condition that it meets the requirements of the aforesaid Master Plan; and
WHEREAS, in accordance with the Master Plan, DEVELOPER is required to pay a
drainage assessment fee of $15,642.90. This fee shall be exempted only upon successfully
completing the drainage facility to the City's satisfaction; and
WHEREAS, DEVELOPER agrees to design and construct, at its sole cost and expense
of an estimated amount of $344,100 (as referenced in Exhibit "A"), a master -planned
storm drain system hereinafter referred to as "storm drain'; and
WHEREAS, the aforementioned storm drain system benefits other areas of
development, and the DEVELOPER is entitled to reimbursement for a portion of those
costs of construction; and
WHEREAS, DEVELOPER desires to enter into this agreement to provide a means for
allowing the construction of the storm drain system and related appurtenances and to
provide a mechanism for crediting the DEVELOPER, Thomas A. Forster, for the
reimbursable costs incurred in constructing such facilities against available drainage
- mrisces{�ecaed3of' iaa Asft a Area r0r;"and-
WHEREAS, the proposed storm drain system. provides a benefit to the CITY and
property owner, the CITY is, therefore, willing to share in the costs for areas of benefit
•to CITY, including portions of the drain that provide protection to downstream
development; and
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REIMBURSkMENT AGREEMENT
Forster
Page 2
• WHEREAS, in accordance with the Area of Benefit (Exhibit "B") and proportionate
cost calculation (Exhibit "C"), the DEVELOPER agrees to be reimbursed for 50% of the
selected construction bid, concurred with by the CITY, for the drainage facility. This
50% is approximately $172,050;
WHEREAS, CITY will use its best efforts with County to assist DEVELOPER in
securing the necessary permits to connect to the County's facilities.
NOW, THEREFORE, in consideration of the premises hereinafter set forth, CITY
agrees to reimburse DEVELOPER an aforesaid sum of $172,050 from drainage fees
collected from Drainage Assessment Area LO1 under the following terms and conditions:
1. Reimbursements:
A. The reimbursement by the CITY for its share of $172,050, representing 50% of
above-mentioned total cost estimate will be paid over a period of ten (10)
years from date of completion and acceptance of work for this Master Plan
storm drain system.
B. As to the remaining reimbursement from future developments' shares of
$25,739 representing 7.48% of the total cost estimate, this reimbursement
agreement shall remain in effect for an initial period of fifteen (15) years from
the date of execution and upon the expiration of said period shall be subject to
extension for an additional period of five (5) years as provided in Section 4 of
this agreement.
• 2. Priority in Claims: It is hereby specifically understood and agreed that the
reimbursement payment contemplated herein shall come solely from funds paid into
the aforesaid Drainage Assessment Area LOl, 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 respective reimbursement agreements.
3. Completion of Master Planned Facilities: CITY shall not be required to
reimburse DEVELOPER until all master planned facilities within the Drainage
Assessment Area LOI have been constructed unless City Council determines that
the payment of such reimbursement will not jeopardize the improvement or
construction of master planned facilities, except as provided in Section 4 of this
agreement.
4. Term of Reimbursements:
A. Reimbursement by the City:
Upon expiration of the ten (10) year term of Reimbursement A for the City's
share as specified in Section 1-A above, and provided that DEVELOPER is
otherwise entitled to reimbursement as provided in Section 2, CITY shall
reimburse to DEVELOPER so much of the unpaid balance as is then available
as said term is hereinafter defined, from Drainage Assessments for Drainage
Assessment Area LO1, whether or not all of the master planned facilities
within said area have been constructed. If DEVELOPER is not fully
reimbursed prior to the expiration date, then upon the expiration of said date
CITY shall reimburse to DEVELOPER so much of the unpaid balance as is then
• available from drainage assessments for Drainage Assessment Area LO1,
whether or not all of the master planned facilities within said area have been
constructed.
REIMBURSEMENT AGREEMENT
Forster
Page 3
B. Reimbursement from Future Development:
• Upon expiration of the initial term of Reimbursement B from future
development as specified in Section 1-B above, and provided that
DEVELOPER is otherwise entitled to reimbursement as provided in
Section 2, CITY shall reimburse to DEVELOPER so much of the unpaid
balance as is then available as said term is hereinafter defined, from
Drainage Assessments for Drainage Assessment Area LO1: If funds are
not available to reimburse DEVELOPER fully and, if the City Council does
not find and determine that the master drainage plan will be jeopardized,
then, at the written request of the DEVELOPER and at the CITY'S sole
and absolute discretion, the term of this agreement may be extended for
an additional period of five (5) years.
5. Alterations: The City Engineer of the CITY of San Juan Capistrano may make
such changes, alterations or additions to the plans and specifications for said
work and improvements which do not exceed ten percent (10%) of the total
estimated cost as may be determined necessary and desirable by him for the
proper completion of said work and improvement or as required for the safety
and welfare of the public and no such changes, alterations or additions shall
relieve the DEVELOPER from the faithful performance of this agreement. All
such additions shall be at the written direction of the City Engineer and
eligible for 50% reimbursement as specified in Section la.
6. Completion Date:
A. DEVELOPER agrees to complete all of said work and improvements within
• a period of two years from the date of this agreement. If additional time
is needed, an extension may be granted by the City Engineer on the
showing of good cause. Any such extension shall, however, be subject to
all of the terms and conditions of this agreement, and any surety or other
security shall continue in full force until the work and improvement has
been accepted by the CITY.
B. DEVELOPER agrees that CITY may, without any notice and at its sole
option, 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 said work. 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.
Liability/Insurance:
A. DEVELOPER agrees to pay CITY such sum as the court may adjudge as
reasonable for the legal services of any attorney representing the CITY in
any action brought to enforce or interpret the obligations of this
instrument, and such sum shall be made a part of any judgment in such
action against the DEVELOPER if such action is determined in favor of
the said CITY.
•
REIMBURSEMENT AGREEMENT
Forster
Page 4
• B. CITY, its officers and employees, except for their own acts, shall not be
liable or responsible for any accident, loss or damage happening or
occurring to the improvements specified in this agreement prior to the
completion and acceptance of said improvements by the CITY.
C. DEVELOPER shall perform all work in a safe, workmanlike manner and
shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said
improvements.
D. DEVELOPER shall hold CITY, its officers and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort
because of, or arising out of, the acts or omissions of the DEVELOPER,
his contractor, subcontractors, agents or employees in the performance of
this agreement.
E. DEVELOPER agrees to maintain liability insurance during the
construction of the storm drain system in the following amounts:
1. Comprehensive General Liy. DEVELOPER shall maintain in full
force and effect comprehensive generalabilitliability coverage, including premises
operations, products/completed operations, broad form property damage, and i
blanket contractual liability in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/
• not limited to contractual period;
$1,000,000 injury to more than one person/any one
occurrence/not limited to contractual period.
11. Worker's Compensation. If DEVELOPER employs employees or
subcontractors to perform services under this agreement, DEVELOPER shall obtain
and maintain, during the life of this agreement, Worker's Compensation Employer's
Liability Insurance in the statutory amount as required by state law.
These above stated policies shall not terminate, nor shall they be
cancelled, nor the coverage reduced, until after 30 days written notice is given to
the CITY.
DEVELOPER shall provide an endorsement to CITY establishing that CITY
has been legally added as an additional insured to the liability policy required under
this agreement.
a. Surety Bonds: The DEVELOPER shall post Labor and Material and
Performance surety bonds each in an amount equal to CITY approved
Engineer's construction estimate prior to commencement of any construction
work or issuance of permits on standard form approved by the City Attorney to
insure all of the DEVELOPER'S obligations as noted in this agreement.
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REIMBURSEMENT AGREEMENT
Forster
Page 5
• 9. Guarantee and Warranty of Work: DEVELOPER guarantees that said work
shall be free from defects in material or workmanship and shall perform
satisfactorily for a period of one year from and after the CITY'S acceptance of
the work as completed in accordance with the Municipal Code. DEVELOPER
agrees to correct, repair or replace at his expense any defects in said work.
10. Force Majeure: None of the parties hereto shall be deemed to be in default if
performance of the obligations required by this agreement is delayed or
becomes impossible because of any act of God, earthquake, fire, strike,
sickness, accident, civil commotion, epidemic, act of government, its agencies
or officers, or any legitimate cause beyond the control of the parties.
11. Notices: All notices, requests, demands, consents and other communications
under this agreement shall be in writing, including telex and facsimile
transmission, and shall be deemed to have been duly given on the date of
service if served personally, by telex, or facsimile transmission, or 48 hours
after mailing if mailed by first-class mail, registered or certified, postage
prepaid, return receipt requested, and properly addressed as follows:
To: Thomas A. Forster d/b/a Rancho Storage
P. O. Box 146
San Juan Capistrano, CA 92693
To: City of San Juan Capistrano
Attn: City Clerk
• 32400 Paseo Adelanto
San Juan Capistrano, CA 92675
12. Assignment: This agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective representatives, assigns and successors
in interest.
13. Entire Agreement: This agreement contains the entire agreement between the
parties hereto and supersedes any prior or concurrent written or oral
agreement between said parties concerning the subject matter contained
herein. There are no representations, agreements, arrangements or
undertakings, oral or written, between or among the parties hereto relating to
the subject matter contained in this agreement, which have not been fully
expressed herein.
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REIMBURSEMENT AGREEMENT
Forster
Page 6
IN WITNESS THEREOF, the parties hereto have executed this agreement on the
• date first above written.
ATTEST;
ERYL ��FlTy,LERK
DArE
AS O FORM;
A K. ENHA TER
CI Y ATTORNEY
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DEVELOPER
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THOMAS A. FO STER
DATE
CITY OF SA 7UAN CAPISTRANO
OLLENE BELL, MAYOR
/i8 9�
DATE
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•
•
EXHIBIT "A"
FORSTER PROPERTY - DRAINAGE REIMBURSEMENT AGREEMENT
SUMMARY OF QUANTITY AND COST ESTIMATE
EARTH WORKS/IMPORT - GRADING (PER ATTACHED) $142,000
STORM DRAIN CONSTRUCTION (PER ATTACHED) $130,800
CONTINGENCY (10%) $27,200
ENGINEERING AND INSPECTION (14.7%) $44,100
TOTAL COST ESTIMATE
$344,100
Earth work is required to produce positive drainage. About 44,000 cubic yards of
imported material for controlled compacted fills are necessary to create the basic
inlet sump elevations and to divert runoff to drain onto such sumps.
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• EXHIBIT "C"
FORSTER PROPERTY - DRAINAGE REIMBURSEMENT AGREEMENT
SUMMARY OF THE AREA OF BENEFIT AND PROPORTIONAL COST CALCULATION
In evaluating the drainage reimbursement proportions, based on benefited areas, the
following has been determined:
There are areas of direct benefit (areas that are tributary to the proposed storm drain)
and areas of indirect benefit (areas for which the proposed storm drain provides a
reduction in storm runoff). While the direct benefit areas are counted 100 percent, the
indirect benefit areas are discounted as there is a reduction in runoff.
The methodology used to calculate the indirect area is as follows: The reduction can be
calculated by determining the flow prior to the storm drain versus the flow after the
storm drain and applying this as a reduction factor to the total benefited acreage.
Flow picked up by storm drain = 32.3 CFS
Flow contributed by trailer park 2.6 x 21.15 = 55.0 CFS
Total Q 87.3 CFS
% benefit = 32.3/87.3 x 100 = 37.%
• This applied to the various acreages results in the following percentages:
AREA RESPONSIBLE ACREAGE x FACTOR TOTAL AC % COST
ALLOW
I Calle Rolando (devel.) Sic 5.26 1.0 5.26 14.57 $50,135
2 Calle Rolando (undevel) Pitts 2.70 1.0 2.70 7.48 25,739
3 Forster Forster 13.37 1.0 13.37 37.05 127,489
4 CVWD CVWD 1.03 1.0 1.03 2.85 9,807
5 Rancho Del Avion (dir) SJC 5.9 1.0 5.9 16.35 56,260
6 R. Del Avion (indirect) SJC 21.17 0.37 7.83 21.70 74,670
36.09 100% 344,100
It was acceptable by Mr. T. Forster to have the City be responsible, through a ten year
period reimbursement mechanism from date of acceptance completed work, for a 50% of
cost share (in lieu of the 52.62% for items 1, 5 and 6).
It was also acceptable by Mr. T. Forster to be responsible for the other 50% of cost share
provided he gets reimbursed for Item 2: Calle Rolando (undeveloped land), if funds are
available during a 20 year period from date of Agreement execution.
•