1978-1024_BUTLER DEVELOPMENT_Reimbursement AgreementRECORDING REQUESTED BY AND WHEN e3 295 8 RECORDING FEES EXEMPT DUE TO
RECORDED RETURN T0: GOVERN CODE SECTION 6103
CITY,OF SAN JUAN CAPISTRANO , EXEMPT
Office of the i7ity Clerk
9
32400 -Paseo Adelanto MARY ANNOVER, City Clerk 2 v
San C:
Juan'apistrano, CA 92675 AGREEMENT San Jun Capistrano, California
PROVIDING FOR REIMBURSEMENT
OF OFF-SITE IMPROVEMENT COSTS (TRACT 10090)
THIS AGREEMENT MADE AND ENTERED INTO THIS
20th DAY OF September
1978, BY AND BETWEEN THE CITY OF SAN JUAN
CAPISTRANO, A GENERAL LAW CITY OF THE STATE OF
CALIFORNIA, HEREINAFTER DESIGNATED AS "CITY,"
AND BUTLER DEVELOPMENT COMPANY, INC., HEREINAFTER
DESIGNATED AS "DEVELOPER."
W I T N E S S E T H:
WHEREAS, DEVELOPER has secured CITY's approval of Final
Tract Map 10090; and
WHEREAS, as one of the conditions of said approval, DEVELOPER
was required to improve portions of Via Estelita lying outside of the
boundaries of the aforesaid tract as depicted in Exhibit "A" attached
hereto; and
WHEREAS, Section 65485 of the California Government Code
and Section 4.1.3 B 1 of Ordinance No. 243 of the CITY permit the CITY
to enter into an agreement for the reimbursement to DEVELOPER of "that
portion of the cost of improvements equal to the difference between
the amount it would have cost the subdivider to install such improvements
to serve the subdivision only and the actual cost of such improvements;"
and
WHEREAS, the improvements to be made by DEVELOPER will
benefit property other than DEVELOPER's subdivision.
NOW, THEREFORE, CITY and DEVELOPER agree that DEVELOPER shall
be reimbursed such sums as may be determined by the Director of Public
Works of CITY from fees collected by the CITY from owners and/or other
developers who benefit from the improvements installed by DEVELOPER.
1. Terms. The terms of the agreement shall be for
a period of five (5) years. DEVELOPER shall, accord-
ingly, be entitled to reimbursement from money col-
lected from these developers upon whom such fees
are imposed within such time period.
2. Collection of Fees. It is understood and agreed
that the CITY is acting solely as a conduit for
the fees actually collected, and assumes no res-
ponsibility, obligation or liability to DEVELOPER
other than the transmission of such money in the
normal course of the CITY's business.
3. Area of Benefit. CITY agrees to impose fees
proportionately on the area designated "benefit
area" as shown on Exhibit "B" attached hereto,
upon request for grading permit.
4. Determination of Cost. The DEVELOPER has
obtained three bids on the off-site work to be
done. The low bid applies for any monies being
reimbursed.
CITY shall review and approve all quantities and invoices
involved in the reimbursement.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-1-
-L0 p;,; 2 PMOCT24197`
LEE A. BRANCH, County Recorder
0 0
ATTEST:
MARY N HANOVER, CITY CLERK
APPROVED AS TO FORM:
r
JAMES S. OKAZAKI, CITY ATTORNEY
l�
of 120 5Pc 1002
CITY OF SAN JUAN CAPISTRANO
By:A_1'1 ems,. J`�/i�
KENNETH E. F IESS, MAYOR
BUTLER DEVELOPMENT COMPANY, INC.
By: V/
ll
CHARD H. LUDERS, VICE PRESIDENT
STATE OF CALIFORNIA, )))
} ss.
COUNTY OF ORANGE f
CITY OF SAN JUAN CAPISTRANO CN SEPTEMBER 20. _ 19 78,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
KENNETH E. FRIESS_` , known tome to be the
Mayor pRgtxAt, and_-- _—_—_ known to me
to be the_ — _Secretary of
munic ipa1
the�Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
GFi iC1AL S1;AL r to me that such Corporation executed the within Instrument pursuant to its by-laws or a
NlA r 1 I1ArdOV R resolution of its board of directors.
oTnkr Fund=�LIFORIwA �� WITNESS my hand and official seal.
- My comm. expires f,?R 14, 1980 �'%'rw �`�C/
— — - MARY AI HANOVER, NOTARY PU]
Notary Public in and for said State.
STATE OF CALIFORNIA
COUNTY OF ORANGE _ aa.
On October 6, 1978 before me, the undersigned, a Notary Public in and for
said State, personally appeared Richard H. Luders
known to me to be the V1Ce President, and— ---
known to me to be the _Secretary of the corporation that executed the within instrument
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac.
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors. a—
WITNESS my hand and official seal.
Signature
or Printed)
-2-
MARGARET YOUNG
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
Ap rslnn. @*M AUG 8, 1N2
(This ansa for omcial notarial Nan
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