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00-0118_CAPISTRANO VALLEY BAPTIST CHURCH_Financial Development Agreement RECORDED AT REQUEST OF AND Recorded in the County of Orange, California WHEN RECORDED RETURN TO: Gary L Granville, Clerk/Recorder City of San Juan Capistrano IIIIIIIIIIIIIIIIIIIIIIIIIIII VIII 36.00 City Clerks Office 20000071893 8: 15AM 02/09/00 32400 Paseo Adelanto 004 00087529 118 04 San Juan Capistrano,CA 92675 003 11 0 0.00 6.00 30.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 003 11 i' Financial Development Agreement for Payment of In-Lieu Fee for Utility \\ Undergrounding Adjacent to 32032 Del Obispo Street, Capistrano Valley Baptist Church (AC 98-11) FINANCIAL DEVELOPMENT AGREEMENT FOR PAYMENT OF IN-LIEU FEE FOR UTILITY UNDERGROUNDING ADJACENT TO 32032 DEL OBISPO STREET, CAPISTRANO VALLEY BAPTIST CHURCH (AC 9"Al THIS FINANCIAL DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 18th day of Jannuary 2000, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "City" and Capistrano Valley Baptist Church herein called the "Developer." WITNESSETH WHEREAS, in connection with development of its land, Developer has applied for and was granted conditional approval per City's Planning Resolution No. 99-4-27- 2, and conditions placed on Architectural Control 98-11; and, WHEREAS, In accordance with City Code 9-4.107, the Developer was conditioned to underground the overhead utility lines within the property and along its street frontage; and, WHEREAS, The Developer's street frontage lies within that section of Del Obispo Street, which was selected by the City Council, on January 7, 1997, to be on the priority list for Underground Utility District and subject to Public Utilities Commission Rule 20A Underground Conversions; and, WHEREAS, The estimated undergrounding cost of the utility lines for the 1,034 linear foot street section, which includes the Developer's frontage, as provided by San Diego Gas and Electric Company in their letter dated June 14, 1999 (Exhibit A), is $119,000; and, WHEREAS,The overhead utility line,fronting the Developer's property and requiring undergrounding, measures 474 linear feet and represents 46% of the total length; and, WHEREAS, the Developer has agreed to pay the City an IN-LIEU fee of$55,000, which represents 46% of the above-mentioned $119,000 cost estimate, to cover for its development share of cost associated with the undergrounding requirements; and, NOW, THEREFORE, in consideration of the promises hereinafter contained, City and Developer agree as follows: 1 FINANCIAL DEVELOPMENT AGREEMENT CAPISTRANO VALLEY BAPTIST CHURCH (AC 98-11) SECTION 1. PARTICIPATION AGREEMENT AND METHOD OF PAYMENT Developer shall pay the City an IN-LIEU fee of $55,000 for all design and construction cost associated with .the undergrounding of utility, fronting developer's property along Del Obispo Street, in accordance with the following schedule: PAYMENT SCHEDULE TO THE CITY PHASE 2 CONSTRUCTION - MASTER PLAN AMOUNT DUE Prior to Issuance of First Building Permit 25,000 Prior to Issuance of 2nd. Building Permit20,000 Prior to Issuance of 3rd. Building Permit 10,000 TOTAL $5;000 If the City's Undergrounding Utility District Conversion Project starts prior or during the construction of Phase 2 of the Capistrano Valley Baptist Church Master Plan, The Developer shall then pay the City the full amount of$55,000 prior to the commencement of construction for said undergrounding project. If the building permits for the three buildings of Phase 2 of the Capistrano Valley Baptist Church Master Plan are not all issued by December 31, 2006, the Developer shall then pay the City the full amount of$55,000. SECTION 2. INDEMNITY AND HOLD HARMLESS. _ Developer shall indemnify, defend and hold harmless the City of San Juan Capistrano and their respective officers, officials, employees and agents from and against any and all liability, loss, damage, expense, costs (including without limitation, attorneys' fees and costs, and fees of litigation) of every nature arising out of or in connection with Developer's use of this Agreement and Developer's failure to comply with any of its obligations contained in this Agreement. SECTION 3. TERM. This Financial Development Agreement shall continue in full force and effect until all payment has taken place. 2 FINANCIAL DEVELOPMENT AGREEMENT CAPISTRANO VALLEY BAPTIST CHURCH(AC 48-11) SECTION 4, LITIGATION MATTERS. California law shall govern the interpretation of this Financial Development Agreement. In the event of any litigation between the parties arising out of or related to this Agreement, (1) the Municipal and Superior Courts of the State of California in and for the County of Orange shall have exclusive jurisdiction of such litigation, and (ii) the prevailing parry shall be entitled to reasonable attomeys' fees and costs, in addition to whatever other relief such party may be granted. SECTION 5. NON-LIABILITY OF CITY OFFICERS. No officer, official, employee, agent, or representative of the City of San Juan Capistrano shall be personally liable to Developer or any successor-in-interest in the event of a default or breach by City, or for breach of any obligation of the terms of this Agreement. SECTION 6. AMENDMENT. This Financial Development Agreement may be amended only by an instrument in writing signed by the duly authorized officers or representatives of each of the parties hereto. SECTION 7. 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. SECTION 8. NOTICES. All notices required to be delivered under this Agreement or by law shall be delivered by one of the following means: (i) by personal delivery, (ii) by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) by United States mail, prepaid, certified, return receipt requested, or (iv) by facsimile transmission, if a fax number is listed below, and so long as the original of the notice is 3 FINANCIAL DEVELOPMENT AGREEMENT CAPISTRANO VALLEY BAPTIST CHURCH (AC 98-11) concurrently delivered by one of the other acceptable methods. Notices shall be addressed as follows: If to City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk Telephone Number: (714) 493-1171 Fax Number: (714) 493-1053 If to Developer: Capistrano Valley Baptist Church 32032 Del Obispo Street San Juan Capistrano, CA 92675 Attn: Steve Allen Telephone Number: (949) 493-5683 Fax Number: (949) 493-5975 Notices delivered by personal delivery, reputable document delivery service, or facsimile transmission in accordance with the terms of this Section shall be effective upon receipt. Notices delivered by mail shall be effective at the earlier of(1) actual receipt, or (ii) if not deliverable, the date of first attempted delivery. The parties hereto may from time to time designate such other address or addresses for receipt of notices by giving notice in accordance with the terms of this Section. SECTION 9. NO ASSIGNMENT. Developer shall not assign or transfer this Agreement to any person, firm, or entity without the prior written consent of City, which consent City may give or withhold in its sole and absolute discretion. SECTION 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter herein. This Agreement constitutes the entire understanding and agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 4 FINANCIAL DEVELOPMENT AGREEMENT CAPISTRANO VALLEY BAPTIST CHURCH (AC 98-11) CAPISTRANO VALLEY BAPTIST CHURCH Date: _ fa - 1-7- — CITY OF SAN JUAN CAPISTRANO Date: OLLE AMP LL, AYOR ATTEST: CHERYL J(>HNSON, CITY CLERK APPROVED AS TO FORM: JO S AW, CITY ATTORNEY C:\WPWIN60\WPDOCS\AGREEMEN\CAPOVALL.WPD 5 SDE Orange County Regional Office SU COMM DE WG"WS-MN CLEMUTMCAM73-211V FILE No.PLA 510 PROJ#938098-010 W.O.#2675300 June 14, 1999 Steve Riley Civic Solutions, Inc. 31726 Rancho Viejo Road,Suite 223 Sa Juan Capistrano, CA 92675 Dear Steve Riley: Subject: Ballpark Estimate for Undergrounding Overhead Lines in front of Capistrano Valley Christian School,in San Juan Capistrano. You requested a ballpark cost estimate to underground the overhead facilities out at the Capistrano Valley Christian School located at 32032 Det Obispo Street, in SJC. In review of the route the overhead wires make along the front of the School, there are transition poles at either end of the project boundary,which make it difficult to isolate the conversion to just one side of Del Obispo. Consequently,the additional distance adds a total of approximately 560 feet to the design, should it be necessary to convert the overhead lines. Our ballpark rough estimate is$119,000 to convert the lines requested. This estimate includes the conversion of overhead lines from pole P21452, (located at the southeast comer of Del Obispo Street and Via Belardes),to pole P21449, (located on the northwest comer of Del Obispo and Paseo Terraza). _ There may be additional items/costs added, once we actually design the project. However, this estimate represents the bulk of the costs for a conversion of this magnitude. Since this work may also require new easements, rejection of those easements may have an adverse impact on the proposed design and subsequent cost estimate. If we are unable to design our conversion within the shortest most practical route due to easement limitation, additional facilities and/or costs may be required. The above ballpark estimate is only good for 60 days from the date of this letter. If you are interested in pursing this design request within that time, please contact me at my office to discuss what is required to commence that design work. Please advise me of your decision by: August 161°, 1999, otherwise your request will be canceled. EXHIBIT A 01a09x C.-my Ropio of SDG&E Seivsa: Allso v,opr Cort+dr Cu0 Pana➢wne ,n :n:o r Layuna}Elis Mlsv.ro Vm,o - n CIH _ smp Eb.vilumn Coon v/Oran e N p apune Beech .x/uqn Mq/ux! Hxrvno'»rnx Mx.c:.,,::: Steve Riley 2 June 14, 1999 The above cost does not include any work by the telephone company or cable T.V. company. Please call them for any charges they may have to relocate their facilities. If you are excavating in the vicinity of gas or underground electric facilities, please call SDG&E Mark Out Service at 1-800-422-4133. Within 48 hours, we can indicate the location of SDG&E facilities on the job site. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&E's flied tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to,those tariffs, costs, statues, regulations, codes, or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. The costs quoted in this letter does not include a cost component to cover the utility's estimated liability for State and Federal Income Tax. If 1 may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are from 7:00 AM-4:00 PM, Monday through Friday. Sincerely, David M. Gilmette Customer Project Planner Telephone: (949) 361-8040 Capistrano Valley Christian School Utility Line Locations , Legend F (, :�., Segment 1 =utility line locations �r= i r -•�._� - A, B, C, D, E = utility pole locations ffi L, ; rwswuxrur 0 'i rwprw,wa, I w.w r ,q,cmn I — •nrmrar ,1 Au.ewn i i 4.YIww / B, ._�.�.Segment 2 C --=Segment 3 i onispo sveee SegMeht4 -- - - - - -- Ot 5 9911c v 90 00,v Y CALIFORNIA ALL-PURSE ACKNOWLEDGMENT �4�()CC`�2CC�>CC'�4',GNB':G'!)4�t`:�'�Sr•COS._C_',G�'SY.CC`S�",G'!'.LAY_S`C)C7C`�)GY`n^CCt'�Y`sC�'�"sCl'�.'6'_�_'�"GC'.cS.yY.O(',GS)C!'.S.<'9C'�Y`S'!'.C(�.ti' J State of County of (f' //�[�� on Cly � 7� Q7 before me, �Bq�rYrldD ,e ZAAl Al r`AAct/tlhili Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared .STE�{ � V. 1gji;A rS' Neml of Slgnegs) �Q personally known to me—OR—i proved to me on the basis of satisfactory evidence to be the person(s) ?1 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she(they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), hh couart wD R BRADEN or the entity upon behalf of which the person(s) acted, AI CmmlWonf 1128M executed the instrument. � rioswwwc—Caronw 0ml C1101.1111111111, �I Mir Comft Ellet MOF 9.2001 WITNESS my hand and official seal. � Signature of Notary Public hh OPTIONAL r. Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent r; fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: A oil it Number of Pages: Signers) Other Than Named Above: AM^I ri Capacity(ies) Claimed by Signer(s) Signer's Name: U, 411EAJ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General -1 Partner—❑ Limited Generali ❑ Attorney-in-Fact ❑ Attorney-in-Fact L i Trustee ❑ Trustee ' h ❑ Guardian or Conservator ❑ Guardian or Co ervator T. Other- Top of thumb here ❑ Other: Top of thumb here �l �; bP Sc�uDis Signer Is Representing: Signer I epresenting: vim# O 1995 National Notary Association-8236 Remmet Ave.,P0.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call TOill 1-800-876-6827 �a� a i a . ,�,"�R ...i �,�*. ,; � PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On January 18,2000 before me, Cheryl Johnson City Clerk,personally appeared ---Collene Campbell--- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. (SEAL) ee WITNESS my hand and official seal. . pn ✓ „ • City Clerk • OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Financial Development Agreement for Mayor Payment of In-Lieu Fee for Utility Title Undergrounding Title or Type of Document Signer is Representing City of San Juan Capistrano 8 Number of Pages January 18, 2000 Date of Document Cauistrano Valley Baptist Church Signer(s)Other Than Named Above dMan � IV 32400 PASEO ADELANTO MEMBERS OR THE CITY CWNCIL SAN JUAN CAPISTRANO, CA 92675 COLLENE CAMPBELL (949) 493-1 17 I I¢elreum JOHN GREINERWYATr HART (949)493-1053 (FAX) GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH February 4, 2000 Steve Allen Capistrano Valley Baptist Church 32032 Del Obispo Street San Juan Capistrano, California 92675 Re: Deferral of Utility Undergrounding Dear Mr. Allen: At their meeting of January 18, 2000, the City Council -if the City of San Juan Capistrano approved an in-lieu fee and the deferral of time for the undergrounding of utilities required as a part of Architectural Control 98-11. A fully-executed copy of the Financial Development Agreement is enclosed for your files. A copy has been forwarded to the Orange County Recorder's Office. Please feel free to contact Sam Shoucair, Senior Engineer, at 443-6355. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Steve Riley Engineering and Building Director (with copy of Agreement) Sam Shoucair (with copy of Agreement) onuo use n San Juan Capistrano: Preserving the Past to Enhance the Future 8. ADOPTION OF RESOLUTION ACCEPTING AN EASEMENT PREVIOUSLY OFFERED AS AN IRREVOCABLE OFFER FOR ACCESS UTILITY, AND PUBLIC FACILITY PURPOSES, TRACT 14379, PEPPERWOOD ESTATES (SAN JUAN ENCLAVE, LLC) (670.50) As set forth in the Report dated January 18, 2000, from the Engineering and Building Director, the following Resolution accepting the easement for utility and public facility purposes, previously offered as an Irrevocable Offer, was adopted: RESOLUTION NO. 00-1-18-1, ACCEPTING EASEMENT FOR UTILITY AND PUBLIC FACILITY PURPOSES -TRACT 14379/ PEPPERWOOD ESTATES (SAN JUAN ENCLAVE. LLC) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ACCEPTING A PREVIOUSLY OFFERED IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT, IDENTIFIED AS"OFFER F," FOR UTILITY AND PUBLIC FACILITY PURPOSES, TRACT 14379/PEPPERWOOD ESTATES (SAN JUAN ENCLAVE, LLC) The City Clerk was directed to forward the Resolution to the Orange County Recorder for recordation. 9. ADOPTION OF RESOLUTION DECLARING A PORTION OF APN 121-141-25 AND APN 121-141-26 SURPLUS PROPERTY (MULTI-MODAL) (670.70) As set forth in the Report dated January 18, 2000, from the Administrative Services Director, the following Resolution declaring certain parcels as surplus property, was adopted: RESOLUTION NO. 00-1-18-2. DECLARING SURPLUS PROPERTY - ASSESSOR PARCEL NUMBERS 121-141-25 AND -26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THE EASTERLY 4,300 SQUARE FEET OF LOTS 9AND 10,TRACT 50, LOCATEDADJACENT TO CAMINO CAPISTRANO EAST OF THE CAPISTRANO DEPOT, ALSO IDENTIFIED AS ASSESSOR PARCEL NUMBERS 121-141-25 AND 121-141-26, AS SURPLUS 10. APPROVAL OF DEFERRING THE TIME OF UTILITY UNDERGROUNDING FOR COMBINATION WITH THE CITY'S UNDERGROUNDING PROJECT ALONG DEL OBISPO STREET (ARCHITECTURAL CONTROL 98- 11/CAPISTRANO VALLEY BAPTIST CHURCH AND CHRISTIAN SCHOOL) 600.30 As set forth in the Report of January 18, 2000, from the Engineering and Building Director, the In-lieu fee and the deferral of time for the undergrounding utilities along the Capistrano Valley Baptist Church property frontage along Del Obispo Street was approved, based on its location within the boundaries of a proposed City Undergrounding Utility District Conversion Project. The Mayor and City Clerk were authorized to execute the Financial Development Agreement with the Capistrano Valley City Council Minutes -4- 1/18/00 Baptist Church. The City Clerk was directed to forward the Financial Development Agreement to the Orange County Recorder for recordation, and to accept the corresponding securities. 11. ADOPTION OF RESOLUTION ESTABLISHING 1999/2000 APPROPRIATION LIMITATION (330.20) As set forth in the Report dated January 18, 2000, from the Administrative Services Director, the following Resolution, establishing the 1999-2000 appropriation limitation of$33,835,275, was adopted: RESOLUTION NO. 00-1-18-3 ESTABLISHING APPROPRIATION LIMITS - 1999-2000 FISCAL YEAR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT) FOR THE 1999-2000 FISCAL YEAR 12. INITIATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - DELETION OF RESTAURANTS WITH DRIVE-THROUGH FACILITIES(420.30) As set forth in the Report dated January 18, 2000, from the Planning Director, the following Resolution, was adopted: RESOLUTION NO. 00-1-18-4. INITIATING AMENDMENT TO TITLE 9- RESTAURANTS WITH DRIVE-THROUGH FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO CONSIDER DELETION OF RESTAURANTS WITH DRIVE-THROUGH FACILITIES AS EITHER A PERMITTED OR CONDITIONAL USE WITHIN THE CITY A letter dated January 7, 2000, was received from Arlene Ramas stating opposition to the proposed amendment. 13. WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER (BOYS&GIRLS CLUB OF CAPISTRANO VALLEY) (390.30) As set forth in the Report dated January 18, 2000, from the Community Services Director, the Community Center rental fees were waived for the Boys & Girls Club of Capistrano Valley Board of Directors meeting to be held on Friday, January 14, 2000, and for similar requests of the Boys& Girls Club of Capistrano Valley through June 30, 2000. 14. AWARD OF BID - MISSION BELL PLAY EQUIPMENT (CONTINENTAL LEISURE) (370.30) As set forth in the Report dated January 18, 2000, from the Public Works Director, the formal bidding procedure for the acquisition of play equipment for Mission Bell Park was City Council Minutes -5- 1/18/00 AGENDA ITEM January 18, 2000 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Deferring the Time of Utility Undergrounding to be Combined with City's Undergrounding Project along Del Obispo Street. [AC-98-11/ Capistrano Valley Baptist Church and Christian School (CVCS)]. RECOMMENDATION It is recommended that the City Council: 1. Approve the In-lieu fee and the deferral of time for the utility undergrounding of CVCS's property frontage along Del Obispo Street, as it falls within the boundaries of a proposed City Undergrounding Utility District Conversion Project. 2. Authorize the Mayor and the City Clerk to execute the "Financial Development Agreement" with CVCS and accept the corresponding securities. 3. Direct the City Clerk to forward the "Financial Development Agreement"to the County Recorder. SITUATION A. Summary and Recommendation Capistrano Valley Christian School (CVCS) has requested to enter into a Financial Development Agreement with the City to pay an in-lieu fee for the undergrounding of utilities associated with the expansion of the school. A section of Del Obispo Street, which includes the school frontage, is the third project on the City's priority list (as approved by Council on January 7, 1997) for the PUC Rule 20A Underground Utility District Conversions. Based upon updated cost estimates from SDG&E, the City will accrue sufficient allocation by the year 2008 to construct the section of Del Obispo street conversion, from Paseo De La Paz to Paseo Terraza. This agreement obligates CVCS to pay the City $55,000 which represents the full share of property frontage undergrounding. Section 9-4.107 of the Municipal Code allows for waiver of the under grounding requirements if the development is on a single lot and consists of a single structure. CVCS is on a single lot and consists of expansion of their existing facilities through modification of existing structures and new building construction. CVCS somewhat loosely fits the code definition, therefore, staff believes that a compromise in the undergrounding requirement is appropriate. Instead of completely waiving the under grounding requirement, a deferral is proposed by which CVCS;will pay their FOR CITY COUNCIL AGEN J 1 D AC'.FNDA ITEM 7 JanjjR4 I R, 700n proportionate share tied to building phases. The City will construct the under grounding, including CVCS portion as part of a future City under grounding project. B. Background On November 10, 1998, CVCS submitted an application for approval of Architectural Control (AC 98-11) for the school Master Plan. This plan has two construction phases. The project will upgrade and expand the school facilities, it will also bring the existing campus into closer conformance to current City standards and eliminate the modular classrooms. The majority of the improvement will be done in the second phase which will include a gymnasium, a pre-school building and a school/youth center building. This project was conditioned, in accordance with City Code Section 9-4.107, to underground the overhead utility lines within the property and along its street frontage. San Diego Gas and Electric Company (SDG&E) has provided a combined rough cost estimate of$119,000 for the undergrounding of CVCS's 474 feet street frontage and for an additional distance of 560 feet needed to reach the existing transition poles, across the street, beyond either end of CVC's boundary (see Exhibit A of Agreement). CVCS's share was proportionally calculated to be $55,000. The agreement requires CVCS to pay the City an in lieu fee for its share of utility undergrounding cost in three installments during CVCS's second phase of construction as follows: PHASE 2 CONSTRUCTION - MASTER PLAN AMOUNT DUE Prior to Issuance of Building Permit for First Building 25,000 Prior to Issuance of Building Permit for 2nd. Building 20,000 Prior to Issuance of Building Permit for 3rd. Building 10,000 TOTAL 55 004 The agreement does also state that the entire$55,000 shall be paid to the City if the construction of the City's underground utility district conversion project starts before or during CVCS's phase 2 operation. Construction of phase 2 is estimated to begin in 2001 and be completed by 2006. CVCS has also posted the appropriate bonds with the City for 100% of above sum. With the execution of the agreement and posting of a sufficient bond as noted above, the in-lieu fee and deferral of time for CVCS utility undergrounding is recommended by staff. ACTENTIA TTFM 2 Tannary 1R� 9000 r COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION Steve Allan, Capistrano Valley Christian School Steve Riley, Civic Solutions, Inc. ALTERNATE ACTIONS 1. Approve the Agreement. 2. Do not approve the Agreement. 3. Refer to Staff for additional information. RECOMMENDATION It is recommended that the City Council: 1. Approve the In-lieu fee and the deferral of time for the utility undergrounding of CVCS's property frontage along Del Obispo Street, as it falls within the boundaries of a proposed City Undergrounding Utility District Conversion Project. 2. Authorize the Mayor and the City Clerk to execute the "Financial Development Agreement" with CVCS and accept the corresponding securities. 3. Direct the City Clerk to forward the "Financial Development Agreement" to the County Recorder. Resp tfullL D dPrepaG" William M. Huber, P.E. Sam Shoucair Director of Engineering & Building �'�Senior Engineer WM ISS:ss attachment: Financial Development Agreement Location Map a' 0M 3094 CAPISTRANO VALLEY BAPTIST CHURCH FARMERS S MERCHANTS BANK LIBRARY CONSTRUCTION FUND SAN JUAN CAPISTRANO OFFICE 32032 DEL OBISPO SAN JUAN CAPISTRANO,CA 92675 S SAN JUAN CAPISTRANO,CA 92675 90-119-1222 1/27/2000 PAY TO THE COUNTY OF ORANGE RECORDER $ +•37.00 ORDER OF Thvty-SevenandOO/lOOi+titiy+iiyiyiytitiiyyyiiititiyiiyyyyi#yity+yiiyiyitiy+yyiiytityitiyyiyfyyyii+itytiyyitiyyiiiyyyt DOLLARS COUNTY OF ORANGE RECORDER � Ci aG�-�li�✓ MEMO RECORD UNDERGROUND UTILITIES 11'00309411' 1: 1 2 2 20 1 1981: 16 07157 311' CAPISTRANO VALLEY BAPTIST CHURCH LIBRARY CONSTRUCTION FUND COUNTY OF ORANGE RECORDER 1/27/2000 3094 37.00 F M CHECKING RECORD UNDERGROUND UTILITIES 37.00 at y • ate, � • 32400 PASEO ADELANTO i� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANQ CA 92675 OLLENE LL JOHN OHN GREINER INER (949) 493-1 171 /V/f" WYATT MART (949) 493-1053 (FAX) IslwuoNn IB61 GIL JONES 1776 DAVID M.SWERDLIN CIN MANAGER GEORGE SCARBOROUGH January 24, 2000 Clerk-Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: Financial Development Agreement Gentlemen: The following document is enclosed for recordation: Financial Development Agreement for Payment of In-Lieu Fee for Untility Undergrounding Adjacent to 32032 Del Obispo Street, Capistrano Valley Baptist Church (AC 98-11) A check in the amount of $37 is enclosed to cover recording and conformed copy fees. When placed of record, please return said document to this office. Please stamp Document Number and date of recording on this letter and return it, as a conformed copy, to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Recorded in the County of Orange, California ary L Granville, Clerk/Recorder Cheryl Johns IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 36,00 City Clerk 004 00067528 20000071893 8: 15AM 02/09/00 04 003 11 0 0.00 6.00 30.00 0.00 0.00 0.00 Enclosure 0.00 0.00 Doc Types: 003 DRUG USE IS BEM San Juan Capistrano: Preserving the Past to Enhance the Future