1986-0119_KEELE KEELE / KIRK_Development AgreementRECORDING FEES EXEMPT DUE TO
GOVERNMF*'T CODE SECTION 6103
=EXEMPT /
86MARY
7ANN HANOVER, CIT- CLERK
DEVELOPMENT AGJWNENT CAPISIIRANO; CA. 92675
Nov
Recording Requested By and
When Recorded Return to }'
City of San Juan Capistrano A'
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, California 92675
This Agreement is made this 7th day of January, 1986,
by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter called CITY, and B.L. Keele, and William
Keele, Jr., and Marilynn Kirk, hereinafter referred to as
DEVELOPERS/OWNERS
WITNESSETH:
WHnREE,S, DEVELOPERS have secured a conditional approval
of Tentative Parcel Map 81-856 providing for the subdivision of
land into four lots; and,
WHEREAS, Condition 11-B of said approval requires
DEVELOPERS to enter into a Development Agreement with CITY
providing for DEVELOPER'S pro rata share obligation to
participate in the design and construction of San Juan Creek Road
and olatcd impro%.=cnt:,, and,
WHEREAS, DEVELOPER proposes and CITY accepts the
postponement of the installation of these subject improvements;
and,
WHEREAS, in consideration of CITY's acceptance of
request for postponement of said improvements, DEVELOPER has
OF OR ...
OF ORANGE COUNTY CALIFORNIA
•2 ao PM JAN 17'86
p COUNTY
RECORDER
g6--0021
agreed to provide security to insure performance of this
obligation.
NOW, THEREFORE, BE IT MUTUALLY AGREED between CITY and
DEVELOPERS as follows:
1. DEVELOPER'S Pro Rata Share Obligation. DEVELOPERS
shall pay to CITY 1.57% of the total costs required to finance
the design and construction of those improvements described in
rnnditinn, 11-B to tentati_vP map annroval for Parcel Map 81-856
described in City Resolution 84-8-7-2. The subject improvements
are more particularly described as the construction of San Juan
Creek Road from the northerly terminus of Tract 9786 to the
westerly boundary of Parcel Map 81-856 and related improvements
including flood control, driveways, pedestrian ways, bikeways,
equestrian trails, equestrian crossings, utility undergrounding,
street lights, traffic signals, drainage facilities, and sanitary
sewers. The above stated improvements are further delineated in
the attached estimate marked Exhibit A and incorporated herein by
reference. The total cost required to finance the design and
construction of the above stated improvements is estimated at
$1,062,296.00. In no event shall DEVELOPER'S costs exceed
$16,678.05 for the above described improvements.
2. Time Frame For Performance. DEVELOPERS shall pay to
CITY the amount of money specified in paragraph 1 of this
Agreement, that is, 1.57% of $1,062,296.00, when certain real
property (more particularly described as Assessor's Parcel Number
86--024021
124-223-67) is proposed for development. "Proposed for
development" is defined to mean the submittal of a rezoning or
subdivision map to the City Planning Department. This payment
obligation impossed on DEVELOPERS shall become immediately due
and payable at such time as CITY submits in writing a notice to
DEVELOPERS advising that a proposal for development of the
property described in this paragraph has been initiated. Notice
shall b- e9eemed oerfe�ted un»n receipt by nFVFI,OPER as shown by
certified mail of the United States of America.
3. Security. Prior to final map approval for Parcel
Map 81-856, DEVELOPERS agree as part of this agreement to submit
a Certificate of Deposit to secure performance of the payment
obligation defined in Paragraph 1 of this Agreement. DEVELOPERS
agree and understand that the Certificate of Deposit shall be
validated to CITY by the First National Bank and Trust Company of
Oklahoma City, Oklahoma. CITY hereby expressly agrees that
DEVELOPERS shall be the sole and exclusive beneficiary of all
interest income, to use as they will, from said Certificate of
Deposit. Further, DEVELOPERS agree and understand that the
Certificate of Deposit. shall guarantee performance at any alio a:Li
times during the life of this Agreement. Upon successful
completion of this Agreement by DEVELOPERS, the aforementioned
Certificate of Deposit shall automatically revert to the
exclusive ownership and control of DEVELOPERS.
4. Attorney's Fees. In the event that either party is
g6--024021
STATE OF OKLAHOMA )
) as:
COUNTY OF OKLAHOMA )
Before me, the undersigned, a Notary Public in and for
said County and State on this 21st day of November, 1985,
personally appeared William Keele, Jr., B. L. Keele and
Marilynn Kirk, to me known to be the indentical persons who
executed the within and foregoing Development Agreement
and acknowledged to me that they executed the same as their
free and voluntary act and deed for the uses and purposes
therein set forth.
Given under my hand and seal the day last above written.
My commissicn expires 12/9/88.
Notary Public
86--02402
ESTIMATE OF CONSTRUCTION COSTS
1,
SAN JUAN CREEK ROAD
April 4, 1985
A. STREETS:
Excavation
Aggregate Base
A.C. Pavement
Street Signs
Stop Signs
Equestrian/Hiking Trail
Utility Undergrounding
B. STORM DRAINS:
24" RCP
Catch Basin
Channel Rip, Rap
C. STREET LIGHTING:
Std. Street Light Std.
D. SEWER BOND ESTIMATE:
8" V.C.P.
Manholes
SUMMARY OF BOND AMOUNTS:
Streets
Storm Drains
Street Lighting
Sewer
Sub -Total
TOTAL
6,900
C.Y.
@
$ 9
= $ 62,100
4,580
Tons
@
13
= 59,540
1,675
Tons
@
37
= 61,975
3
Each
@
140
= 420
2
Each
@
140
= 280
2,300
L.F.
@
14
= 32,200
2,300
L.F.
@
100
= 230,000
Sub -Total
$446,515
Contingencies
(15%)
66,977
A. Total $513,492
800 L.F. @ $ 30
= $ 24,000
8 Each @ 1,500
= 12,000
2,300 L.F. @ 105
= 241,500
Sub -Total
$277,500
Contingencies (15%)
41,625
B. Total
$319,125
- 8 Each @ $1,300 = $ 10,400
C. Total $ 10,400
2,300 L.F. @ $ 18 = $ 41,400
9 Each @ 1,300 = 11,700
Sub -Total $ 53,100
Contingencies (15%) 7,965
D. Total $ 61,065
Design (10%)
Staking (4%)
Inspection OW
$ 513,492
319,125
10,400
61,065
$ 904,082
90,408
36,163
31,643
$1,062,296
BIT "A"
2
8(0024021
required to file legal proceedings to enforce the terms of this
Agreement against the other party, the losing party shall be
liable for and shall pay to the prevailing party reasonable
attorney's fees incurred in enforcing this Agreement as
determined by a court of law.
CITY OF SAN JUAN CAPISTRANO
BY: 41i
PhiSchwartze, M~ or
ATTEST:
MARY ANN �5Ill
T�Y CLERKA OVE ,
as to form:
:�)L"
R. Shaw, City Attorney
DEVELOPERS /OWNERS
HE
BY:
BY: /
Marilyn Kirk
CORPORATE ACKNOWLEDGMENT NO. 202
State of
California
SS.
County of Orange
0FC'tC1AL SF_L
r.1ARY ANN HANOVER
oti NOTARr PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1988
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of I
OFa :CIAi SisAL
MARY A CARLSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
tt comm. expires JAN 5, 1988
My
On this the 7 th day of January 1936, before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Phillip R. Schwartze
X personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the persona) who executed the within instrumeqer�icipal
Mayor Cron behalf of thevororation therein
named, and acknowledged to me that the,Co} Ahffifi6W cuted it.
WITNESS my hand and official seal.
'�
2% � , /,) - - , o
NO. 202
On this the 8th day of January 1986, before me,
A. Carlson
the undersigned Notary Public, personally appeared
Ann Hanover
IN personally known to me
❑ proved tome on the basis of satisfactory evidence
to be the personK who executed the within instrumenj icipal
City Clerk or onbeMolwarloration therein
named, and acknowledged tome that thercorporatio executed it.
WITNESS my hand and official Mal.
0 0
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Tony Foster, Assistant Engineer
FROM: City Clerk DATE: October 1, 1989
SITUATION:
On April 24, 1989, the City Clerk's Department received a Certificate of Deposit No.
167429 in the amount of $17,770.87, regarding William L. Keele Jr. for Parcel Map 8!-
856.
ACTION REQUESTED:
Original Maturity date is November 12, 1989.
ACTION TO BE TAKEN: 06,--
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: %D/`,
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 10/1/89
Deadline Date: 11/12/89
cc: City Attorney
Assistant City Manager
J
(600.30)
RECORDING FEES EXEMPT uun ru
•
GOVERNMY& CODE SECTION 6103
EXEMPT
6NO2�021
7' 140
8 n J 0% � MARY
,7i 7 ANN HANOVER, CITY CLERK
D
0000I, ELOPMENT AGREEMECAPI91j",0.,f.CA 92675
000 0 I't tion G i
def OI t
Recording Requested By and / net
When Recorded Return to
City of San Juan C 4
Capistrano
Office of the Cit Clerk tr pµ�
32400 Paseo Adelanto 41 r '
San Juan Capistrano, California 92675
This Agreement is made this 7th day of January, 1986,
by and between the City of San Juan Capistrano, a Municipal
Corporation, hereinafter called CITY, and B.L. Keele, and William
Keele, Jr., and Marilynn Kirk, hereinafter referred to as
DEVELOPERS/OWNERS
WITNESSETH:
WHFA F,t.ti, DEVELOPERS have secured a conditional approval
of Tentative Parcel Map 81-856 providing for the subdivision of
land into four lots; and,
WHEREAS, Condition 11-B of said approval requires
DEVELOPERS to enter into a Development Agreement with CITY
providing for DEVELOPER'S pro rata share obligation to
participate in the design and construction of San Juan Creek Road
and zolated imp rovc::;cnts; and.,
WHEREAS, DEVELOPER proposes and CITY accepts the
postponement of the installation of these subject improvements;
and,
WHEREAS, in consideration of CITY's acceptance of
request for postponement of said improvements, DEVELOPER has
RECORDED IN
OF ORANGE C
-2 so PM JAN 1716
` AUNTY
FIRST INTERSTATE BANK OF UKLAHOMA, N. A.
OKLAHOMA CITYp OKLAHOMA 731 (405) 272-4bi
CcAI1r1CAIc 'i UJ000UJ140Ibo RILL MATURE UN 11112187. THIS
0t,F Lrl6oTc -iLL will IONLw ZUTOAATICHLLY.
CJaac.bT
Isouh WAIL Iwirsn UT WAT- UALUc AT MATURITY
11/12/'.:0 1.73JOUs T 191915.58
CITY ;l' LOA JQaN CAPISTRANO
lZoJU &AP LU ..L._LANTu
.IAN JUAA CA I5T.AwNu CA feb7t;
TAX Iu
4r2—Z0-9305
N 0 T A U T O M A T I C A L L Y R E N E W A B L E
DR0186
FIRST INTERSTATE HANK OF OKLAHOMAI N. A.
OKLAHOMA CITY, OKLAHOMA 73102 (405) 272-4615
CERTiFICAT' 4 12003 02;06260 FAaNEO INTEREST FOR THE PERIOD
ENDING II/I2f3H. THE' At AMOUNT PAID SHUWN BELOW WAS ADDEO TC
YgJR CERT'IF'IC4TE OF DEPOSIT.
C'RTIFICAT:- UALU' 3 17.770.67 TAX I0 442-20-9305
CITY OF SAN JUAN CAPISTRANO
(WILLIAM L XFgLE, JR)
114nO PASE1 NAELANTO
SAN JUAN CAPLb7RANO CA 52675
SC(/Y1J(l m (,/w�e bYwwo-oyyvY
DP 1146
INTEREST EARNED
1.C92.82
AMOUNT WITHHELD
NET AMOUNT PAID
1.092.82
86-0 4410
agreed to provide security to insure performance of this
obligation.
NOW, THEREFORE, BE IT MUTUALLY AGREED between CITY and
DEVELOPERS a5 follows:
1. DEVELOPER'S Pro Rata Share Obligation. DEVELOPERS
shall pay to CITY 1.578 of the total costs required to finance
the design and construction of those improvements described in
(7nndition 11-B to tentative map aprroval for Parcel Map 81-856
described in City Resolution 84-8-7-2. The subject improvements
are more particularly described as the construction of San Tuan
Creek Road from the northerly terminus of Tract 9786 to the
westerly boundary of Parcel Map 81-856 and related improvements
including flood control driveways pedestrian ways bikeways,
equestrian trails, equestrian crossings, utility undergrounding,
street lights, traffic signals, drainage facilities, and sanitary
sewers. The above stated improvements are further delineated in
the attached estimate marked Exhibit A and incorporated herein by
reference. The total cost required to finance the design and
construction of the above stated improvements is estimated at
$i3Ob2,296.00. In no event shall DEVELOPER'S cults exceed
$16,678.05 for the above described improvements.
2. Time Frame For Performance. DEVELOPERS shall pay to
CITY the amount of money specified in paragraph 1 of this
Agreement, that is, 1.578 of $1,062,296.00, when certain real
property (more particularly described as Assessor's Parcel Number
0 0 86 -04021
124-223-67) is proposed for development. "Proposed for
development" is defined to mean the submittal of a rezoning or
subdivision map to the City Planning Department. This payment
obligation impos♦ed on DEVELOPERS shall become immediately dge
and payable at such time as CITY submits in writing a notice to
DEVELOPERS advising that a proposal for development of the
property described in this paragraph has been initiated. Notice
shall be r9ePmPr1 nerfe�terl upnn receipt by nEVFLOPER as shown by
certified mail of the United States of America.
3. Security. Prior to final map approval for Parcel
Map 81-856, DEVELOPERS agree as part of this agreement to submit
a Certificate of Deposit to secure performance of the payment
obligation defined in Paragraph 1 of this Agreement. DEVELOPERS
agree and understand that the Certificate of Deposit shall be
validated to CITY by the First National Bank and Trust Company of
Oklahoma City, Oklahoma. CITY hereby expressly agrees that
DEVELOPERS shall be the sole and exclusive beneficiary of all
interest income, to use as they will, from said Certificate of
Deposit. Further, DEVELOPERS agree and understand that the
Certificate of Deposit shall guarantee pertormance at any and all
times during the life of this Agreement. Upon successful
completion of this Agreement by DEVELOPERS, the aforementioned
Certificate of Deposit shall automatically revert to the
exclusive ownership and control of DEVELOPERS.
4. Attorney's Fees. In the event that either party is
•
800o-2.1.ozI
required to file legal proceedings to enforce the terms of this
Agreement against the other party, the losing party shall be
liable for and shall pay to the prevailing party reasonable
attorney's fees incurred in enforcing this Agreement as
determined by a court of law.
CITY OF SAN JUAN CAPISTRANO
PP i41ipSchywart4zeM h 1
ATTEST:
MARY ANN
NIAOY2 CLERK
(7oldasto form:
tM F
jv`-"
John R. Shaw, City Attorney
j
DEVELOPERS /OWNERS
BY:
BY:
BY :/2'
Marilyn Kirk
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange
ENOTA4RP_Y
FICIAL F. .T'
` Y ANN HANOVER
m PUBLIC - CALIFORNIA
GRANGE COUNTY
m, expires APR 20, 1988
)120 122
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of
OFF!CT
AL ORAi,
MARY A CARISON
NOTARY Pus Ir - CALIFORNIA
ORANGE COUNTY
Z;' My comm. expires JAN 5, 1988
86 Oti NO.202
On this the 7th day of January 19—H, before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Phillip R. Schwartze
09 personally known to me
proved to me on the basis of satisfactory evidence
to be the personoo who executed the within instrume%Whicipal
Mayor or on behalf of thAkor oration therein
named, and acknowledged to me that thA}}SA�a� R;Tcuted it.
WITNESS my hand and official seal.
..) 9? ., i ) �� _Z_
NATIONAL NOTARY ASSOCIATION • 23012 VentYn 5W.. P.O. BON 16M - wcoo 1W N3Y, GA 01364
Is.� v
On this the8 th day of January 19—U, before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
Ann Hanover
0 personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(%) who executed the within instrumerifa�i'ilicipal
City Clerk oronbel%�cjefirforationtherein
named, and acknowledged tome that the%orporatio executed it.
WITNESS my hand and official sAal.
7120 122 NATIONAL NOTARY ASSOCIATION . 23012 Ventum BW. a P.O. BON 1826. w0001en0 NeN. CA 01364
86---024021
STATE OF OKLAHOMA )
) as:
COUNTY OF OKLAHOMA )
Before me, the undersigned, a Notary Public in and for
said County and State on this 21st day of November, 1985,
personally appeared William Keele, Jr., B. L. Keele and
Marilynn Kirk, to me known to be the indentical persons who
executed the within and foregoing Development Agreement
and acknowledged to me that they executed the same as their
free and voluntary act and deed for the uses and purposes
therein set forth.
Given under my hand and seal the day last above written.
My commissicn r.xpires 12/9/88. 'e e, A )G)lCE r
Notary Public
ESTIMATE OF CONSTRUCTION COSTS
SAN JUAN CREEK ROAD
i April 4, 1985
A. STREETS:
Excavation
Aggregate Base
A.C. Pavement
Street Signs
Stop Signs
Equestrian/Hiking Trail
Utility Undergrounding
B. STORM DRAINS:
24" RCP
Catch Basin
Channel Rip,Rap
C. STREET LIGHTING:
Std. Street Light Std.
D. SEWER BOND ESTIMATE:
8" V.C.P.
Manholes
SUMMARY OF BOND AMOUNTS:
Streets
Storm Drains
Street Lighting
Sewer
Sub -Total
TOTAL
ArzU� 7
7"k 1796 4 a0t
hft,t day r / OM gl- 6 f6
6,900
C.Y.
@
$ 9 =
$ 62,100
4,580
Tons
@
13 =
59,540
1,675
Tons
@
37 =
61,975
3
Each
@
140 =
420
2
Each
@
140 =
280
2,300
L.F.
@
14
32,200
2,300
L.F.
@
100 =
230,000
Sub -Total
$446,515
Contingencies
(158)
66,977
A. Total $513,492
800 L.F. @ $ 30
= $ 24,000
8 Each @ 1,500
= 12,000
2,300 L.F. @ 105
= 241,500
Sub -Total
$277,500
Contingencies (158)
41,6.25_
B. Total $319,125
- 8 Each @ $1,300 = $ 10,400
C. Total $ 10,400
2,300 L.F. @
9 Each @
Sub -Total
Contingencies
D. Total
Design (108)
Staking (48)
Inspection (3�%)
$ 18 = $ 41,400
1,300 = 11,700
$ 53,100
(158) 7,965
$ 61,065
$ 513,492
319,125
10,400
61,065
$ 904,082
90,408
36,163
31,643
$1,062,296
First �'"st Interstate Bank of Oklahoma, N '
P. O. BOX 25189 CUSTOMER
F.I.Interstate OKLAHOMA CITY, OKLAHOMA 73125-0189 CONFIRM I ADVICE
Bank s ! DIC
NON -PLEDGE CERTIFICATE OF DEPOSIT REC .
THIS INSTRUMENT IS -�
NON-NEGOTIABLEAND ❑AUTOMATICALLY RENEW E4�� 1 `t
SINGLE MATURITY
City of San Juan Capistrano
CUSTOMER: 32400 Paseo Adelanto
San Juan Capistrano, California 92675
NO RIGHT IN OR TITLE TO THE DEPOSIT OR THIS CERTIFICATE
IS TRANSFERABLE EXCEPT ON THE BOOKS OF THIS BANK.
i
upP P�
7.nng OENTIFYINGNUMBER
N vamh0. ar1915ATIJ
ORIGINAL ISSUE ATE
M. L. Willmette
IF THE ABOVE DOES NOT AGREE WITH YOUR UNDERSTANDING OF THE TRANSACTION, PLEASE CON-
TACT US IMMEDIATELY. WE RESERVE THE RIGHT TO CORRECT TH IS STATEMENT IN CASE OF ERROR
No.2006260
0 0
MEMORANDUM April 24, 1989
TO: Dawn Schanderl. Records Coordinator
FROM: R. Anthony Foster, Engineering Assistant
SUBJECT: Certificate of Deposit, Parcel Map 81-856 (Keele)
(0ao. 3o
Kew
Attached is the above -referenced Certificate for your files. if you need additional
information, please don't contact me.
RAF:nb
attachment
Flrat Interstate Bank of Oklahoma, N.A.
P.O. BOX 25189
��® - OKLAHOMA CITY, OKLAHOMA 189
MEMBER EMBERFOI.C.
Bank CERTIFICATE OF DEPOSIT
NON NEGOTIABLE - NON TRANSFERABLE
BRANCH OFFICE I CERTIFICATE NUMBER
-0101, 167429
Type
n Individual
❑ Corporate Other
❑ Single Maturity
❑ Delivered to Payee ❑ Collateral
Date
of
Account
[] Joint WRS
ElSole Proprietor
Automatically Renewable
Safekeeping Elletlged
Nov . 12, 1988
Original Terms
Original Maturity Date
Interest Payable
Interest Payment Method
Interest Rate (Per Annum)
Amount
1 Yr/365
Nov. 12, 1989
Maturity
Capitalize
7.60
5 17.770.87
Name (Legal Title of Account)
Social Security I Tax Identification No.
Telephone No.
442-20-9305
City of San
Juan Capistrano
I accept the above provisions and acknowledge receipt of a copy of notice of
(William L.
Keele, Jr.)
penalty far early withdrawal and C.D. regulations.
Mailing Address
Renewal
Attn: City
Engineer
Customer Signature
city
lin o
Zip
Renewal Doris Wilson
San Juan Capistrano,
Ca
92675
Authorized Signature
Main 272-4725
Branch Office Telephone Number
FIRST INTERSTATE BANK OF OKLAHOMA# No A•
OKLAHOMA CITY# OK''MOMA 73102 0 'i) 272-4615
CERTIFICATE 4 0000000145136 EARNED INTEREST FOR THE PERIOD
ENDING 11/12/87• THE NET AMOUNT PAID SHOWN BELOW WAS ADDED TO
YOUR CERTIFICATE OF DEPOSIT.
CERTIFICATE VALUE S 19#915.58
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
DR0145
TAX ID 442-20-9305
INTEREST EARNED
31237.53
AMOUNT WITHHELD
.00
NET AMOUNT PAID
3#237.53