1980-1203_CORRALES ESTATES_Reimbursement AgreementTO: William Huber, Director of Engineering & Building Services r
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: November 10, 1995
SITUATION:
On December 3. 1980. the City of San Juan Capistrano entered into a Reimbursement Agreement
with Corrales Estates, a Joint Venture for drainage, Tracts 9373 and 7654 (Corrales Estates).
ACTION REQUESTED:
Reimbursement Agreement shall remain in effect for an initial period of fifteen (15) years from the
date of the agreement and upon the expiration of said period shall be subject to extension for an
additional period of fifteen (15) years as provided in Section 4 of agreement. Term ends December
3, 1995. Copy of agreement attached.
Will agreement be extended or closed out?
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
iiii�i]:zNYYLNIla�.71C.Y]�l�Cly/urt�lU'1[/L.`/al�).f��ii.
Tickler Date: 11/10/95
Deadline Date: 12/03/95
cc: CityAttorne.v
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT, for purposes,of identification hereby dated
the 3rd day of December 198'0, is by and between
Corrales Estates, a Joint Venture , hereinafter referred to
as "DEVELOPER", and City of San Juan Capistrano, hereinafter
referred to as "CITY."
W I T N E S S E T H:
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,
DEVELOPER applied for and was granted approval of Tract(s)
9373 and 7654 on condition that it meet the requirements
of the a oresaid Master Plan; and
WHEREAS, in accordance with the Master Plan, DEVELOPER is
required to pay a drainage assessment fee of $ 83,421.00 ; and
WHEREAS, DEVELOPER has completed the improvements of Tract(s)
9373 and 7654 and paid the sum of $ 289,612.00 for the
ars'— tallation of storm drain facilities; and
WHEREAS, DEVELOPER has, accordingly, paid an excess of
$ 206,191.00 for and on account of said drainage assessments,
and is entitled to reimbursement of that sum.
NOW, THEREFORE, in consideration of the premises hereinabove
set forth, CITY agrees to reimburse DEVELOPER an. aforesaid sum of
$ 206,191.00 from drainage fees collected from Drainage
Assessment Area LO1 , under the following terms and conditions:
1. Term: This reimbursement agreement shall remain in
effect for an initial period of fifteen (15) years from the
date of this agreement and upon the expiration of said
period shall be subject to extension for an additional
period of fifteen (15) 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 L01 , 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 LO1 have
been constructed unless City Council determines that the
payment of such reimbursement will not jeopardize the improve-
ment or construction of master planned facilities, except as
provided in Section 4 of this agreement.
4. Reimbursement Upon Expiration of Initial Term; Upon
expiration of the initial term of this agreement, and
provided that DEVELOPER is otherwise entitled to reimburse-
ment 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 funds are not available to reimburse
DEVELOPER fully and if the City Council does not find and
determine that the master drainage Ilan 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
fifteen (15) years. If DEVELOPER .is not fully reimbursed
prior to the said extension, then upon the expiration
of said extension CITY shall reimburse to DEVELOPER .so
much of, the unpaid balance as is then available from
drainage assessments for Drainage Assessment Area L01 ,
whether or not all of the master planned facilities within,
said area have been constructed. The availability of funds
as herein contemplated shall depend not only upon the
existence of money in such fund, but also upon whether
such funds or any portion thereof may be required for the
installation of necessary drainage facilities.
5. Binding Effect: This agreement shall be binding on
the parties hereto, their successors, heirs, or assigns,
and it shall be the duty and obligation of the DEVELOPER,
its successors, heirs, or assigns, to inform the CITY of
any changes in address. The official mailing address of
DEVELOPER is as follows:
2643 Fourth Avenue
San Diego, California 92103
IN WITNESS THEREOF, the parties hereto have executed this
agreement on the date first above written,
CITY OF SAN JUAN CAPISTRANO
ATTEST:
. HAUSDORFER
1IMM- [ileac
APPROVED AS TO FORM:
(j �{ " ALL SIGNATURES MUST BE NOTARIZED
,TAMES S. OKAZAKI(, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
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contained.
IN WITNESS WHEREM , I hereunto set my hand and
official seal.
cisylxd or �jd
Td% 14, LA-f',grany�i%P�
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CALI"ORNIA 92675
-PHONE 491-1171
December 4, 1980
Patrick Development
2643 Fourth Avenue
San Diego, California 92103
Re: Drainage Reimbursement Agreement -
Tracts 9373 and 7654
Gentlemen:
At their meeting of December 3, 1980, the City Council
approved the Drainage Reimbursement Agreement for Tracts 7654 and
9373, between Corrales Estates and the City of San Juan Capistrano.
An executed copy of the Agreement is enclosed for your files.
If you have any questions, please do not hesitate to
call.
very truly yours,
MARY ANN ZNOVER, CMC
City Clerk
MAH/jm
Enclosure
cc: Director of Public Works
AGENDA ITEM December 3, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Master Plan, Reimbursement Agreement -
Tracts 9373 and 7654 (Patrick Development)
SITUATION
The developer of the subject tracts has been required by the City to
construct specific master planned drainage facilities in accordance
with the "Master Plan of Drainage for the San Juan Capistrano -
Capistrano Beach Area." The facilities have been completed and the
developer has expended $206,191 beyond his acreage fee requirement
of $83,421. These figures show a total expenditure of $289,612
for master planned facilities. The developer is requesting approval
of a drainage reimbursement in the amount expended beyond the
required area fee ($83,421.00.) This request is in accordance
with similar projects requiring the construction of master planned
facilities.
FINANCIAL CONSIDERATIONS
There are no immediate financial considerations. If all master planned
facilities are constructed in Drainage Area L01 during the next 15 years
the City would refund excess revenues in accordance with the proposed
agreement.
ALTERNATE ACTIONS
1. Approve the Drainage Reimbursement Agreement for Tracts 7654 and 9373.
2. Do not approve the Drainage Reimbursement Agreement.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the Drainage Reimbursement Agreement for Tracts 7654
and 9373; authorize the Mayor and City Clerk to execute the document.
Respectfully submitted,
L. .
61
W. DD. M y
WDM:CMB/rem
Encl.
FOR CITY CCUNCII . AGENDA
i v
8. APPROVAL OF DRAINAGE MASTER PLAN REIMBURSEMENT AGREEMENT
TRACTS 9373 AND 7654 (PATRICK DEVELOPMENT)
(38) As set forth in the report dated December 3, 1980, from the
(80) Director of Public Works, Tracts 9373 and 7654 were approved
(85) in accordance with the "Master Plan of Drainage for the San
Juan Capistrano -Capistrano Beach Area."
The Reimbursement Agreement for return offees in the
amount of $93,421, for drainage expenditures over and above
the acreage fee requirement was approved. The Mayor and
City Clerk were authorized to execute the Agreement.
19_N<Zo