1979-0221_FREDERICKS DEVELOPMENT CORP_Reimbursement Agreement"CITY COPY"
REIMBURSEMENT AGREEMENT
THIS AGREEMENT made and entered into this 21st day of
February 1979, by and between the City of San Juan Capistrano, a
body politic of the State of California, hereinafter designated as
"CITY" and Fredericks Development Corporation, hereinafter designated
as "DEVELOPER."
W I T N E S S E T H
WHEREAS, CITY has required DEVELOPER to improve Highland Drive
across Tentative Tract 10103 as access to DEVELOPER'S residential
development, Tract 6381; and
WHEREAS, CITY has required DEVELOPER to improve said Highland
Drive to its ultimate pavement thickness less one inch of asphalt
concrete across said Tentative Tract 6381; and
WHEREAS, CITY has placed the requirement of paving the deleted
one inch of pavement thickness upon and with the concurrence of the
future developer of Tract 10103, Daon Corporation; and
WHEREAS, Daon Corporation has terminated its activities in
processing development plans for Tract 10103; and
WHEREAS, DEVELOPER agrees that it is in the best interest of
the public, therefore, to pave said deleted one inch of pavement
thickness; and
WHEREAS, CITY agrees that it is equitable and just, within
certain time limits, to require the benefiting future developer, or
developers, of the land within Tract 10103 to reimburse DEVELOPER
for expenses incurred in paving said additional one inch of pavement
thickness.
NOW THEREFORE, it is mutually agreed by and between CITY and
DEVELOPER as follows:
I. DEVELOPER shall:
A. Provide CITY with copies of documents necessary to insure
proof, as determined by the City Engineer, of acquisition
of at least three bids and payment of the lowest responsible
bidder for construction of said additional one inch of
pavement thickness.
B. Construct Highland Drive across Tract 10103 to its full
pavement thickness to the satisfaction of the City Engineer.
II. Reimbursement shall be made for the costs incurred in the
construction of one inch of thickness of asphalt concrete from the
easterly right-of-way line of Rancho Viejo Road to the westerly
boundary of Tract 6381 within the improved traveled way of Highland
Drive.
III. CITY shall:
A. Determine the amount of reimbursement upon receipt of
documentation required in Section I. A. herein.
B. At such time as a future developer of the property within
said tentative tract 10103, requests an action of approval
by CITY whereby conditions of that approval can be legally
required, require said future developer to make'a payment
REIMBURSEMENT AGREEMENT
THIS AGREEMENT made and entered into this 21st day of
February 1979, by and between the City of San Juan Capistrano, a
body politic of the State of California, hereinafter designated as
"CITY" and Fredericks Development Corporation, hereinafter designated
as "DEVELOPER."
W I T N E S S E T H
WHEREAS, CITY has required DEVELOPER to improve Highland Drive
across Tentative Tract 10103 as access to DEVELOPER'S residential
development, Tract 6381; and
WHEREAS, CITY has required DEVELOPER to improve said Highland
Drive to its ultimate pavement thickness less one inch of asphalt
concrete across said Tentative Tract 6381; and
WHEREAS, CITY has placed the requirement of paving the deleted
one inch of pavement thickness upon and with the concurrence of the
future developer of Tract 10103, Daon Corporation; and
WHEREAS, Daon Corporation has terminated its activities in
processing development plans for Tract 10103; and
WHEREAS, DEVELOPER agrees that it is in the best interest of
the public, therefore, to pave said deleted one inch of pavement
thickness; and
WHEREAS, CITY agrees that it is equitable and just, within
certain time limits, to require the benefiting future developer, or
developers, of the land within Tract 10103 to reimburse DEVELOPER
for expenses incurred in paving said additional one inch of pavement
thickness.
NOW THEREFORE, it is mutually agreed by and between CITY and
DEVELOPER as follows:
I. DEVELOPER shall:
A. Provide CITY with copies of documents necessary to insure
proof, as determined by the City Engineer, of acquisition
of at least three bids and payment of the lowest responsible
bidder for construction of said additional one inch of
pavement thickness.
B. Construct Highland Drive across Tract 10103 to its full
pavement thickness to the satisfaction of the City Engineer.
II. Reimbursement shall be made for the costs incurred in the
construction of one inch of thickness of asphalt concrete from the
easterly right-of-way line of Rancho Viejo Road to the westerly
boundary of Tract 6381 within the improved traveled way of Highland
Drive.
III. CITY shall:
A. Determine the amount of reimbursement upon receipt of
documentation required in Section I. A. herein.
B. At such time as a future developer of the property within
said tentative tract 10103, requests an action of approval
by CITY whereby conditions of that approval can be legally
required, require said future developer to make'a payment
• 0
in the amount determined in accordance with Sections
I., II., and III.A. herein. CITY shall then reimburse
DEVELOPER in the amount of this payment. CITY shall
not be required to make reimbursement of any payment
that cannot be legally required and collected.
C. Require the assessment of 7% (seven percent) interest
per year on the costs to be reimbursed. The interest
period for reimbursement costs shall commence on the
date that the City Council accepts said improvements
to Highland Drive. The interest period shall be
determined by rounding off to the nearest full year;
the mid -year date shall be rounded off to the higher
year.
CITY shall collect the total interest accrued from said
future developer in that amount. This interest shall
be reimbursed in addition to and with the construction
cost.
IV. Time Requirements:
A. This agreement shall be in effect for ten (10) years
from the date first above written.
B. The date of the City Council meeting when approval of
a requested action conditioned by the requirement to
make a reimbursement payment as promulgated herein is
given by the City Council shall be the date whereby
the reimbursement requirement is considered effective.
A property shall be required to make a reimbursement
if said date occurs between the date first written
above and the dates determined in accordance with
this section; this time requirement shall be inclusive
of the first and last days of the time periods as
promulgated.
ATTEST:
MARY AN HANOVER, CITY CLERK
APPROVED AS TO FORM:
6PAES S. OKAZAKI, CITY ATTORNEY
CITY OF SAN JUAN CAPISTRANO
By \ire
KENNETH E. FRIESS, MAYOR
FREDERICKS DEVELOPMENT CORPORATION
IV/
to
WADE CABLE
w«-vrtddarc
FREDRICKS DEVELOPMENT CORPORATION
18 BROOKHOLLOW DRIVE • SANTA ANA, CALIP4Y//��G19►Ea • (714) 549-4731
Kv 1 2 24 PM '79
CITY OF
SANJUAN
CAPISTRANO
March 1, 1979
City of San Jaun Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Mrs. Mary Ann Hanover
City Clerk
Gentlemen:
Enclosed is a fully executed "City Copy" original
of the Reimbursement Agreement of Tract 7391.
If there are any questions regarding the agreement,
please feel free to call me.
Sincerely,
Wade Cable
FREDRICKS DEVELOPMENT CORPORATION
WC/cy
Enc. 1
A SUBSIDIARY OF PACIFIC LIGHTING CORPORATION
32000 PASEO ADELANTO
SAN JUAN CAPISI'RANO, CALIFORNIA 92675
m
February 27, 1979
Fredricks Development Corporation
18 Brookhollow Drive
Santa Ana, California 92705
Re: Reimbursement Agreement.- Tract 6381
Gentlemen:
At their meeting of February 21, 1979, the City Council
approved the Reimbursement Agreement for Tract 6381, which provides
for reimbursement to your company at a future date, for the
expense of paving the final one inch of Highland Drive.
Enclosed are the original and one copy of the Agreement
signed by Mayor Friess. Please execute both copies and return
the "City Copy" to this office. The remaining copy is for your
files.
Thank you for your cooperation.
Very truly yours,
(MRS) MARY /ANN IiANOVER
City Clerk
MAH/cj
Enclosure
CC, Director of Public Works
AQENDA ITEM February 21, 1979
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Reimbursement Agreement - Tract 6381 (Fredericks
Development)
SITUATION
Tract 6381 (Fredericks Development) has been required to improve
an extensive offsite access road, Highland Drive. This road traverses
the Livicich-Wong property and Tract 10103 (Daon.) It was intended
to require Fredericks to improve all but the last inch of paving on
Highland Drive in order that Daon could place the final inch of pav-
ing after their construction. In this manner, the final paved
surface would not be scarred by construction work required of Daon.
Daon has elected to not improve Tract 10103 and Fredericks is pro-
ceeding. It is impossible to predict the time of final improvement
of the Livicich-Wong property and the amount of time that the sub-
standard section would be in use. Staff is, therefore, recommending
that Fredericks construct the final inch of paving as well as the
balance of the pavement structure. This is an expense that Daen
was not originally required to experience, and it is felt that they
should be reimbursed at a future date. A proposed reimbursement
agreement is enclosed and recommended for approval.
FINANCIAL CONSIDERATIONS
There are no direct financial impacts upon the City.
ALTERNATE ACTIONS
1. Approve the agreement.
2. Do not approve the agreement.
3. Refer the matter to staff for revision.
RECOMMENDATION
By motion, approve the "Reimbursement Agreement - Tract 6381
(Fredericks Development Corporation)" and authorize the Mayor
and City Clerk to execute the document.
Respectfully submitted,
W. D. Murphy
WDM: GML/rem FOR CITY COUNCIL AGENDA .
Encls. /�