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1979-0307_OC WATER WORKS DISTRICT NO4 / BEAR BRAND RANCH_Agreementi AGREEMENT FOR WATER AND SEWER SERVICES TO BE PROVIDED TO BEAR BRAND RANCH UPON ANNEXATION THIS AGREEMENT is made as of this 7th day of March, 1979 by and between the City of San Juan Capistrano, hereinafter referred to as "City", Orange County Waterworks District No. 4, hereinafter referred to as "OCWWD#4", and Bear Brand Ranch Company, 'BBRC." W I T N E S S E T H: WHEREAS, BBRC is the owner of the land located in the unin- corporated territory of the County of Orange, described in Exhibit B. WHEREAS, BBRC intends to subdivide the aforesaid land and cause it to be annexed to the City of San Juan Capistrano pursuant to Agreement To Annex Real Property, a copy of which is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, the aforesaid subdivision lies within the terri- torial boundaries of the Moulton Niguel Water District; and WHEREAS, the parties hereto agree that sewer and water services can be better provided by the City of San Juan Capistrano and Orange County Waterworks District No. 4 respectively. WHEREAS, MNWD and OCWWD#4 have, accordingly, commenced proceedings to cause the BBRC land to be deannexed from MNWD and annexed to OCWWD#,. NOW THEREFORE, in consideration of the premises and the promises hereinafter contained, the parties agree that: 1. OCWWD#4 agrees to provide water services to BBRC for the territory described in Exhibit A, subject to the following terms and conditions: a. Consummation of annexation hereinabove described, b. Installation by BBRC of such water facilities and improvements including pipelines, storage facilities and pump stations, as may be reasonably required by the General Manager of OCWWD#4; C. Payment by BBRC of all applicable fees and charges AGREEMENT FOR WATER AND SEWER SERVICES TO BE PROVIDED TO BEAR BRAND RANCH UPON ANNEXATION THIS AGREEMENT is made as of this 7th day of March, 1979 by and between the City of San Juan Capistrano, hereinafter referred to as "City", Orange County Waterworks District No. 4, hereinafter referred to as "OCWWD#4", and Bear Brand Ranch Company, 'BBRC." W I T N E S S E T H: WHEREAS, BBRC is the owner of the land located in the unin- corporated territory of the County of Orange, described in Exhibit B. WHEREAS, BBRC intends to subdivide the aforesaid land and cause it to be annexed to the City of San Juan Capistrano pursuant to Agreement To Annex Real Property, a copy of which is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, the aforesaid subdivision lies within the terri- torial boundaries of the Moulton Niguel Water District; and WHEREAS, the parties hereto agree that sewer and water services can be better provided by the City of San Juan Capistrano and Orange County Waterworks District No. 4 respectively. WHEREAS, MNWD and OCWWD#4 have, accordingly, commenced proceedings to cause the BBRC land to be deannexed from MNWD and annexed to OCWWD#,. NOW THEREFORE, in consideration of the premises and the promises hereinafter contained, the parties agree that: 1. OCWWD#4 agrees to provide water services to BBRC for the territory described in Exhibit A, subject to the following terms and conditions: a. Consummation of annexation hereinabove described, b. Installation by BBRC of such water facilities and improvements including pipelines, storage facilities and pump stations, as may be reasonably required by the General Manager of OCWWD#4; C. Payment by BBRC of all applicable fees and charges customarily imposed by OCWWD#4 for water services required by BBRC; d. Execution by BBRC of OCWWD#41s standard subdivision improvement agreement and payment of inspection fees and the posting of surety bonds required thereby. 2. City agrees to provide sewer services to BBRC for the territory described in Exhibit B subject to the following terms and conditions: a. Consummation of annexation hereinabove described. b. Installation by BBRC of such sewer facilities as may be required pursuant to City's Land Use Code and its standard specification for the construction of sanitary sewers; C. Payment by BBRC of all applicable fees and charges customarily imposed by City for sewer services required 3. Performance of the promises and obligations set forth in this agreement are specifically conditioned upon the territory described in Exhibit B having been annexed to the City and OCWWD#4. This agreement shall moreover inure to the benefit and be binding upon the successors and assigns of each of the parties hereto. In witness whereof the parties have executed this agreement as of the date appearing opposite their signatures. Dated: March 7, 1979 Dated: CITY OF SAN JUAN CAPISTRA �J By ✓�^�� KENNETH E. FRIESS, MAYOR ORANGE COUNTY WATERWORKS DISTRICT NO. 4 By EADOWS, GENERAL MANAGER BEAR BRAND RANCH COMPANY By Dated: AeMgeZ 1r — By ATTEST: Mary An'nAanovet, City Clerk APPROVED AS TO FORM: mes S. Okazaki, CityCAttorney 0 AGREEMENT TO ANNEX REAL PROPERTY This Agreement to Annex Real Property (hereinafter "Agreement"), effective this day of 1978, is entered into by and between the City of San Juan I Capistrano (hereinafter the "City") and Bear Brand Ranch Company-Peppertree Bend Project, a California limited part- nership (hereinafter "BBRC").. The City and BBRC are at times hereinafter referred to individually as a "party" and collectively as the "parties". R E C I T A L S A. BBRC is the fee owner of certain real property located in an unincorporated territory of the County of Orange, State of California, more fully described as follows: Being Parcel 3 in Unincorporated Territory of the County of Orange, State of California, as shown on the map filed in Book 115, Pages 14 and 15, of Parcel Maps in the Office of the County Recorder of said County, excepting therefrom that certain portion shown on Tentative Tract Map 9390 as Lot 41 (hereinafter, the "Property"). B. BBRC intends to improve and develop the Property by constructing thereon a country equestrian residential community comprised of 40 single family detached. Lots for residences located on 1 to 2 acre parcels (the "Project"). To facilitate.the construction of the Project, BBRC has processed Tentative.Tract 9390 to approval through the requisite governmental agencies of the County of Orange, California (the "County"). EXHIBIT A 1 C! As a condition precedent to the recordation of Tract 9390, the County requires that the Project obtain access to and use of certain public streets located in the City. Such access and use by the Project is contingent upon the issuance to BBRC by the City of an Improvement Permit relating to improvements to gain access to the public streets. D. After review by an appointed community committee and by the City Council, it was the decision of the City that the Improvement Permit not issue. Further, the City desired that modifications be made to Tract 9390 concerning @yi-de-sating Peppertree Bend, the street within the Tract, rgther than -providing for a future extension as desired by the County to the arterial highway known as Camino del �vipn. E, On May 24, 1978, the Orange County Planning Commission (the "Commission") approved the modifications set forth in fepital D above. In addition, the Commission required, gmpng other things, that, at approximately Lot 7 within Tract 9390, SERC provide a 35 -foot radius turnaround, or provide for a future connection to a future street. Said future street is commonly known as the Crumrine extension. F. It is the desire of the City to annex the Property tp the City and the desire of BBRC to so annex pursuant to the terms, covenants, conditions set forth in this Agreement Opo subject to the rights of successors in ownership to BBRC having the right to construct custom homes on the particular lots within the Property as more fully set forth herein. NOW, THL•'R FORE, in consideration of the foregoing 2 Recitals and the *venants and conditions contained herein, the parties hereby agree as follows: 1. PROCESSING OF ANNEXATION. BBRC hereby agrees that upon fulfillment of the conditions set forth in Section 2 below, it shall commence processing of the Annexation pursuant to the requirements of the Local Agency Forma- tion Commission (hereinafter "LAFCO") as set forth in Section 54790 et seq. of the Government Code of the State of California. 2, CONDITIONS PRECEDENT TO PROCESSING OF ANNEXATION. The duty of BBRC to initiate the processing of the Annexa- tion with LAFCO is expressly conditioned upon the occurrence of the following events: (a) Issuance by the City of Improvement Permits for those certain roadways known as "Calle Aspero" and "Calle Ricardo" within five (5) days of execution of this Agreement. (b) The adoption of an Ordinance or Resolution by the City of a pre -zoning of the Property to a zone of 100 -EL, Small Estate District, with conditions acceptable to BBRC as evidenced in writing. (c) An agreement being entered into between Moulton Niguel Water District, Orange County Waterworks District No. 4, and the City relating to water and sewer services for the Property, which agreement shall be acceptable to BBRC. (d) BBRC having recorded a Notice of Completion on the improvements to the Property including all water, 3 sewer and street improvements shown on the Improve- ment Plans which are a part of the Final Tract Map 9390. Should, however, BBRC elect to commence the processing of the Annexation prior to the occurrence of all of the conditions precedent set forth in Section 2(a) through 2(d) above, the City agrees that the Annexation shall not be consummated prior to the recordation of the Notice of Completion as set forth in Section 2(d) above. 3. PROCESSING OF THE ANNEXATION. BBRC and the City agree to diligently process the Annexation to completion. In doing so, the City shall authorize and instruct personnel of the City to assist BERC and its principals,.employees, and agents in the processing of the Annexation with LAFCO, the City and all applicable agencies and districts which are or may become a part of the Annexation process. 4. IMPROVEMENT OF CALLS ASPERO. BBRC agrees to improve Calle Aspero by widening and paving said street between the boundary of Tract 7112 to a point approximately 100' east of Paseo Monte Vista, which improvements shall be accomplished within the standards of the City for commuter streets. The improvement to Calle Aspero shall be the only City required improvements relating to the development of the Project, and shall be accom- plished by BBRC during the construction of the off-site improvements to the Property. The City shall reimburse BBRC the sum of Twenty Five Thousand Dollars ($25,000) or fifty precent (50%) of the cost of such improvement 4 to Calle As.10. o, whichever sum shall blesser, within ten (10) days after the effective date of the Annexa- tion. The City shall complete the necessary acts to obtain the right-of-way for such improvement and shall inform BBRC when the entire right-of-way has been pbtained. 5. TERMINATION OF ANNEXATION PROCESSING, The City shall not enact any law{ ordinance, resolution or regulation pf any kind or nature which would inhibit, delay, or pegate the right of BBRC gr its gueFessors-in-interest tP construct on the 1?rope9ty single family residences and appurtenances thereto, ShAuld such an event occur, ABRe may terminate this Agreement by delivering written notice to the City, Alternatively, should URC fail to perform under this Agreement, the City may terminate this Agreement by delivering written notice to BBRC. Vpon delivery of sgeh NQtiQe, this Agreement shall be @f no further forge or effeQt, regardless of the stage of processing, and either re.speetive party shall have no duty to continue the processing of the Annexation. Further, should the Annexation not be completed within six (6) months after delivery of application to LAFCO, either party shall .have the right to terminate this Agreement. 6. RIGHTS TO CONSTRUCT RESIDENCES, Provided that BHRC has performed hereunder,, the parties hereby acknowledge that upon execution of this Agreement, BBRC and its successors -in -interest shall be deemed to have obtained a vested right to construct residences and appurtenances thereto on * Project in accordance wi� the plans approved pursuant to Section 7 below. The parties agree that such vested rights shall exist notwithstanding any existing statutory or case law in the State of California, or the adoption of any statutory or case Jaw subsequent to the execution of this Agreement. y@wever, the City shall not be responsible for any laws, regulations, or ordinances, imposed by other gpvernmentai agencies beyond the control of the City which affect the legal ability of the City to issue Building Permits for the construction of the residences. The parties further acknowledge that BBRC has agreed to @Bter inte this Agreement in reliance upon obtaining ovuh vested _rights to improve the Property. 165UANCE OF PUILDINC PER17ITs. BBRC acknowledges and agrees that the issuance of grading permits and building permits with regard to the construction of residences, accessory buildings, driveways, improvements and amenities (cellectively the "Improvements") on a particular Lot, §hail be subject to the review of the Environmental Review Board in accordance with the Land Use Management Code of the City, as it relates to (a) the grading plan; (b) applicable building code; and (c) conformance with the zoning called for in this Agreement. Subject to such requirements of the Land Use Management Code, the design of the Improvements, siting @f the Improvements and landscaping to be made to a particular Lot within the Project, shall be subject to the review and approval of the Architectural Review A Committee ofoie Peppertree Bend Homeoti ks Association, Inc., and pursuant to the requirements of the Declaration of Covenants, Conditions and Restrictions affecting the Property, and shall not be subject to review and approval by the City, or its agencies. It is acknowledged and agreed that the City shall issue the respective grading and building permits for construction of the Improvements upon its review and approval of specific matters set forth in this Section 7. Should the City, or any agency, commission or representative thereof, fail to act in accordance with this Section 7 in the issuance of grading permits and building permits, BBRC and its successors and assigns, shall have the immediate right, without further administrative review or appeal, to commence legal action in the appropriate court of law or equity to enforce their rights hereunder. 8. PURCHASE OF LOTS WITHIN PROPERTY. It is acknowledged and agreed that BBRC may enter into deposit receipts, purchase agreements, and escrow instructions relating to the purchase of a particular Lot within the Property by a third party prior to the consummation of the Annexation. S. CLOSE OF ESCROW OF LOTS. BBRC agrees that it shall not close any escrow with such third parties and convey title to any Lots within the Property prior to the Annexation of the Property or the termination of the Annexation proceeding pursuant to this Agreement. 10.. NOTICES. All notices required to be given under this Agreerient shall be in writing and shall be transmitted 7 r. either by persol hand delivery or throu the faci- lities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after dispatch, if fnaiied in accordance with the above. Notices to the r@speetive parties shall be sent to the following gddresses unless written notice of a change of address has keen given pursuant hereto: IF TO BBRC: Bear Brand Ranch Company X54 Newport Center Dr. Byite M=100 N@wPert Beach, CA 92660 WITH A COPY TO; sT@yry C, Hackett HggXett & Tucker Z59 Newport Center Drive #305 N@wppr--t Beach, CA 92660 IF TO THE CITY: The City of San Juan Capistrano Mt. Tom Merrell, Planning Dept. 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ENT RE AGREEMENT, This Agreement contains the entire ggre@mept 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 understandings, oral or written, bpetween or among the parties.hereto, relating to the subject matter contained in this Agreement, which have §)ot been fully expressed herein. iz, bINDING EFFECT. This Agreement shall inure to the ane€it of, and shall be binding upon, the parties hereto and their respective .legal representatives, successors and assigns. 3 13. WAIVER. No waior of any breach or defauo of this Agreement by any party hereto shall be considered to be a waiver of any prior, concurrent or subsequent breach or default of this Agreement. 14. AMENDMENT. This Agreement may only be amended by the written consent of all of the parties to this Agreement at the time of such amendment. 15. TIME OF ESSENCE. Time is the essence of this Agreement and the provisions contained herein and each and every provision hereof. 16. GOVERNING LAW. Subject to the specific terms of this Agreement, the validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California. 17. ATTORNEYS FEES. Should any dispute arise between the parties hereto or their legal representatives, successors or assigns concerning any provision of this Agreement or the rights and duties of any person in relation thereto the party prevailing in such dispute shall be entitled, in addition to such other.relief that may be granted, to a reasonable sum as and for their or his or its attorneys fees and legal costs in connection with such dispute whether such action is legal or equitable in nature. 18. INTEREST ON OBLIGATIONS. Should either party fail to make payment of any sums payable pursuant to this Agreement, at the time or date set forth herein, interest shall accrue on such obligation at the rate of ten percent (10%) per annum, until such obligation is paid in full. V] w 19. PRONOUNS. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity•of the person, persons, entity or entities may require. 20, CAPTION HEADINGS. captions at the beginning of each numbered section or paragraph of this Agreement are solely for the convenience of the parties hereto and shall not be deemed part of the context of this Agreement. 21, NEGOTIATED TRANSACTION. The provisions of this Agree - went have been negotiated by all of the parties hereto and said Agreements shall be deemed to have been drafted by all such parties. 224 COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original of -this Agreement, but such counterparts, when taken together, shall constitute but one agreement. 23, RIGHT TO ENFORCE AGREEMENT. Upon the breach of any term of this Agreement, either party shall have the right to specifically enforce the terms hereof. Accordingly, should the City have fulfilled the terms of this Agreement and BBRC should fail or refuse to consummate the Annexation pursuant to the terms hereof, the City shall have the full right and authority to initiate and/or complete the Annexation and to that extent, B12RC waives its right to protest such Annexation. In witness hereof, this Agreement is executed as of the date first set forth hereinabove. BBRC: THE CITY: Bear Brand Ranch Company- Peppertree Bend Project, a California limited partnership By: Bear Brand Ranch Company, a California limited partnership By Robert O. Hili, General Partner By: Rol ert L. WL. is , an individual General Partner. 11 The City of San Juan Capistrano By: Its By: Its LEGAL DESCRIPTION Area to be Deannexed From The Moulton Niguel Water District All that certain land situated in the state of California, county of orange, described as follows: PARCEL 1: PARCEL 2: Commencing at the Northeast corner of Section 2, Town- ship 8 South, Range 8 West, San Bernardino Base and Meridian; thence South 1025'45" West 1313.74 feet along the Easterly line of said Section 2 to a point that is the most Northeasterly corner of Parcel 1, as shown on a map filed in Book 115, Pages 14 and 15 of Parcel Maps, Records of Orange County, California, said point being on the existing boundary of the Moulton Niguel Water District. Said point also being the TRUE POINT OF BEGINNING: thence continuing along the said Easterly line of said Section 2 and along the existing boundary of the Moulton Niguel Water District, South 1025'45" West 664.88 feet; thence North 83019115" West 168.91 feet; thence leaving the existing boundary of the Moulton Niguel Water District North 46049115" West 359.55 feet; thence North 36030'39" East 498.08 feet; thence South 89029121" East 150.19 feet to the existing boundary of the Moulton Niguel Water District and the TRUE POINT OF BEGINNING. Said described Parcel is Parcel 1 as shown on a map recorded in said Book 115, Pages 14 and 15 of Parcel Maps, Records of Orange County, California, containing 4.440 acres. Commencing at said Northeast corner of Section 2, Town- ship 8 South, Range 8 West, San Bernardino Base and Meridian; thence South 1025145" West 1978.62 feet EXHIBIT B PARCEL 2: (continued) along said Easterly line of said Section 2 to a point that is the most Northeasterly corner of Parcel 2, as shown on a map filed in said Book 115, Page 14 and 15 of Parcel Maps, Records of Orange County, California, said point being on the existing boundary of the Moulton Niguel Water District. Said point also being the TRUE POINT OF BEGINNING: thence continuing along said Easterly line of said Section 2 and along the existing boundary of the Moulton Niguel Water District, South 1125'45" West 91.36 feet; thence leaving the existing boundary of the Moulton Niguel Water District South 48°33'23" West 1470.26 feet; thence North 25046'50" West 315.00 feet; thence North 41°41'23" East 471.75 feet; thence North 35006116" East 335.00 feet; thence North 45106'16" East 515.41 feet; thence South 46049'15" East 277.17 feet; thence South 83019'15" East 168.91 feet to the existing boundary of the Moulton Niguel Water District and the TRUE POINT OF BEGINNING. Said described Parcel is Parcel 2 as shown on a map recorded in said Book 115, Pages 14 and 15 of Parcel Maps, Records of Orange County, California, containing 12.680 acres. PARCEL 3: (continued) Commencing at said Northeast corner of Section 2, Township 8 South, Range 8 West, San Bernardino Base and Meridian, thence South 1025'45" West 2069.98 feet along said Easterly line of said Section 2 to a point that is the most Northeast- erly corner of Parcel 3 as shown on a map filed in said Book 115, Pages 14 and 15 of Parcel Maps, Records of Orange County, California. Said point being on the existing boundary of the Moulton Niguel Water District. Said point also being the TRUE POINT OF BEGINNING: thence continuing along said Easterly line of said Section 2 and along the existing bound- ary of the Moulton Niguel Water District, South 1°25'45" West 560.40 feet; South 0°30'34" West 106.64 feet; thence South PARCEL 3: (continued) thence South 48033'23" West 1200.09 feet; thence South 35°25'50" West 669.38 feet; thence South 45015'39" West 746.53 feet; thence South 18°36'26" West 1185.02 feet; thence South 8°47'09" West 518.35 feet; thence still along the existing boundary of the Moulton Niguel Water District South 18°14'30" West 774.59 feet; thence leaving the exist- ing boundary of the Moulton Niguel Water District North 69°11'14" West 459.22 feet; thence North 12040'47" East 631.90 feet; thence North 15036'.16" East 1130.61 feet; thence North 18036'26" East 814.13 feet; thence North 40056'15" East 1515.50 feet; thence North 48°33'23" East 1689.21 feet to the existing boundary of the Moulton Niguel Water District and the TRUE POINT OF BEGINNING. Said described Parcel is a portion of Parcel 3 as shown on a map recorded in said Book 115, Pages 14 and 15 of Parcel Maps, Records of Orange County, California, containing 62.187 acres. AZ MOULTON NIGUEL WATER DISTRICT PARCEL 3 62.187 AC. PARCEL 1 4.440 AC. PARCEL 2 12.680 AC. r `O% ORANGE COUNTY WATERWORKS DISTRICT NO. 4 REVISED: 2-28-79 JOHN G. GOETTEN Consulting Civil Engineer 15012-H Red Hill Avenue Tustin, California 92680 (714)731-1933 er �a'. 2 36 OF :-'PARCEL 2 UE POINT OF BEGINNING TRUE POINT OF PARCEL I. S 10 251 45"W 1313.74' 2 S 10 251 45" W 664.881 3. N 830 191 15"W 168.91' 4. N 460 491 1511 W 359.551 5. N 36030'39"E 498.08' 6.S89029 a 21 It E 150.191 PARCEL 2 7. S 10 25' 45"W 9 1.36' 8. S 48033'2311W 1470.26' 9. N 25046'50"W 315.00' 10. N 41041'2311E 471.751 1 I. N 35006 a 16"E 335.00' 12. N 450061 W'E 515.41' 13.S46049 I 15"E 277.17' 14. S 830 19' 15"E 168.91' PARCEL 3 15. S 10 25' 45"W 560.40' 16. S 00 30' 34"4 106.64' 17. S 480 33'23" W 1200.09' 18. S 35025'50'W 669.38' 19. S 45015'39"W 746.53' 20. S 180 36'26" W 1185.02' 2 1. S 80 47' 09" W 518.35' 22. S 180 14'30"W 774.591 23. N 690 1 1'14"W 459.22' 24. N 12040'47"E 631.901 25.N 15036'16"E 1130.6 1' 26. N 18036'26"E 8 14.1 3' 27. N 40056116'1E 1515.50' 28. N 480 33'23" E 1689.2 I' SCALE I" = 6( BEAR BRAND RANCH AREA TO BE DEANNEXED FROM CHECKED E RCJR THE MOULTON NIGUEL FIELD BOOK WATER DISTRICT DATE 1-13_79 JOB N76119 E 6 MEMORANDUM May 23, 1979 TO: City Manager Director of Public Works Director of Community Planning and Development FROM: Mary Ann Hanover, City Clerk SUBJECT: Bear Brand Ranch Agreement for Water and Sewer Services The Agreement for Water and Sewer Services, approved by the City Council on March 7, 1979, has been signed by all parties and has been returned by Robert Hill. The Agreement to Annex Real Property has not yet been returned. & MARY ANN HAN VER cc: T. J. Meadows A ki SAN JWC pI , R 1, !'' A1�LFI p}�I 926J5 �F ON8+14 �9,;11� March 12, 1979 \\ O Robert Hill, President Bear Brand Ranch Company 250 Newport Center Drive, M-100 Newport Beach, California 92660 Re: Agreement for Water and Sewer Services Dear Mr. Hill: At their meeting of March 7, 1979, the City Council took action to approve an agreement which would provide water services from the Orange County Waterworks District #4, and sewer services from the City, to Tract 9390 upon annexation to the City. Enclosed are three copies of the Agreement which have been executed by the City and Orange County Waterworks District #4. Please sign all three copies and return the "City Copy" and "Orange County Waterworks Distirct #4" copies to this office. The remaining copy is for your files. Thank you for your cooperation. Very truly yours, �� (MRS) MA ANN �HANOVER City Clerk MAH/Ci Enclosures cc: Moulton -Niguel Water District Bear Brand Ranch Committee Director of Public Works 0 V,r AR BRAivr) RANCH CO. May 23, 1979 Mrs. Mary Ann Hanover City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Agreement for Water and Sewer Service Dear Mrs. Hanover: r RECEIVED k 1`9 12 3"'740 :ITY 3 SAN !';AN 1'*APIS1 k"ti , In our telephone conversation today, I pointed out that the "Agreement for Water and Sewer Services to be Provided to Bear Brand Ranch upon Annexation" is ambiguous. Specifi- cally, it is unclear whether water and sewer service will be provided upon the deannexation from the Moulton Niguel Water District and annexation to Orange County Water Works District #4 or if the Agreement could be incorrectly construed to mean that water and sewer service would be provided upon annexation of the property to be served to the City of San Juan Capistrano (City), which would be contrary to the "Agreement to Annex Real Property" between the City and Bear Brand Ranch Company-Peppertree Bend Project (BBRC). As we discussed, Paragraph 2. "Conditions Precedant to Processing of Annexation" of the "Agreement to Annex Real Property" states that the initiation of the processing of the Annexation will begin after BBRC has recorded a 'Notice of Completion for the improvements on the Property, including all water, sewer, and street improvements. Further, Para- graph 2 states that an agreement will be entered into between Moulton Niguel Water District, Orange County Water Works District #4, and the City relating to water and sewer services for the Property, which shall be acceptable to BBRC prior to the annexation of the Property into the City. In order to expedite matters, we have returned the fully executed "Agreement for [Nater and Sewer Service" to you today, without requesting a modification; however, it may be � _ t Land Investment and Development 250 NEWPORT CENTER DRIVE, M-100 w NEWPORT BEACH, CALIFORNIA 92660 &, 714/640-4404 Page Two • • Mary Ann Hanover May 23, 1979 necessary, in order to satisfy our construction lender or The Department of Real Estate, to modify the Agreement to eliminate the ambiguity. Thank you. Sincerely yours, •:: �000 Robert O. Hill ROH/bm Enclosure xc: T.J. Meadows Tom Merrill 0 0 AGENDA ITEM TO: James S. Mocalis, City Manager March 7, 1979 FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement for Water and Sewer Services to be Provided to Bear Brand Ranch Upon Annexation SITUATION The City of San Juan Capistrano and the Orange County Water Works District No. 4 will provide sewer and water services, respectively, for Tract 9390, Bear Brand Ranch. These services will be provided upon annexation of the tract to the City. The aforesaid subdivision lies within the territorial boundaries of the Moulton Niguel Water District. The subject Agreement fulfills one of the four conditions precedent to processing annexation. The Bear Brand Ranch Company will annex Tract 9390 to the City of San Juan Capistrano pursuant to Agreement to Annex Real Property. The City will continue with the annexation proceedings upon execution of this Agreement. FINANCIAL CONSIDERATION The City of San Juan Capistrano will receive all applicable fees and charges customarily imposed by the City for sewer services. ALTERNATE ACTIONS 1. Authorize the Mayor to execute the Agreement between the City of San Juan Capistrano, Orange County Water Works District No. 4 and Moulton Niguel Water District to provide water and sewer services to Bear Brand Ranch upon annexation. 2. Do not authorize the Mayor to execute the Agreement. 3. Request additional information from staff. RECOMMENDATION By motion, authorize the Mayor to execute the Agreement between the City of San Juan Capistrano, Orange County Water Works District No. 4 and Moulton Niguel Water District to provide water and sewer services to Bear Brand Ranch upon annexation. (/R�e/spl/e��ct£ ly sub ted, W. D. Mur WDM: GA/tm Attachment FOR GITY COUNCIL AGENDA .... .....