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1974-0807_MCMICHAEL COMPANY INC_Action ReminderCITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: City Clerk DATE: June 13, 1989 SITUATION: On August 7, 1974, the City of San Juan Capistrano entered into a Reimbursement Agreement with The McMichael Company concerning drainage assessment fees for Tract 7912. The Agreement is due to expire on August 7, 1989. ACTION REQUESTED: The term may be extended. A copy of the Agreement is attached for your reference. Please notify this office regarding the status of the Reimbursement Agreement. ACTION TO BE TAKEN: p (� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 6/13/89 Deadline Date: 8/7/89 cc: City Attorney Assistant City Manager (600.60/m ichae l) f CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Tony Foster, Assisstant Engineer FROM: Records Coordinator DATE:JuIy 15, 1990 SITUATION: At their meeting of June 16, 1987, the City Council approved a one-year Improvement Agreement for Final Tract Map 11753 (Sheraton Intercontinental Development). The extension period was due to expire on June 16, 1988. The Agreement was extended to January 16, 1989. On December 19, 1988, Agreement was extended to March 16, 1989. ACTION REQUESTED: Please advise of the status of Final Tract Map 11753. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 4/18/88 12/16/88 2/16/89 Deadline Date: 6/16/88 1/16/89 3/16/89 cc: City Attorney Assistant City Manager (600.30/t11753) ' l REIMBURSEMENT AGREEMENT THIS AGREEMENT, FOR PURPOSES OF IDENTIFICATION HEREBY DATED THE 7th DAY OF August , 1974, IS BY AND BETWEEN THE MCMICHAEL COMPANY, INC., HEREINAFTER REFERRED TO AS °DEVELOPER°, AND CITY OF SAN JUAN CAPISTRANO, HEREINAFTER REFERRED TO AS "CITY". WITNESSETH: WHEREAS, THE CITY HAS HERETOFORE ADOPTED THE MASTER PLAN OF DRAINAGE FOR THE SAN JUAN CAP ISTRANO-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 TENTATIVE TRACT No. 7912 ON CONDITION THAT IT MEET THE REQUIREMENTS OF THE AFORESAID MASTER PLAN; AND WHEREAS, IN ACCORDANCE WITH THE MASTER PLAN, DEVELOPER IS REQUIRED TO PAY A DRAINAGE ASSESSMENT FEE OF $16,796.33; AND WHEREAS, DEVELOPER HAS COMPLETED THE IMPROVEMENTS OF TRACT N0. 7912 AND PAID THE SUM OF $73,778.32 FOR THE INSTALLATION OF STORM DRAIN FACILITIES; AND WHEREAS, DEVELOPER HAS, ACCORDINGLY, PAID AN EXCESS OF $56,981.99 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 AGRFES TO REIMBURSE DEVELOPER AND AFORESAID SUM OF $56,981.99 FROM DRAINAGE FEES COLLECTED FROM DRAINAGE ASSESSMENT AREA 1-01, 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 1-01, 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. - 1 - a 3. COMPLETION OF MASTER PLANNED FACILITIES: CITY SHALL NOT BE REQUIRED TO REIMBURSE DEVELOPER UNTIL ALL MASTER PLANNED FACILITIES WITHIN THE DRAINAGE ASSESSMENT AREA L01 HAVE BEEN CONSTRUCTED UNLESS CITY COUNCIL DETERMINES THAT THE PAYMENT OF SUCH REIMBURSEMENT WILL NOT JEOPARD-I ZE THE IMPROVEMENT OR CONSTRUCTION OF MASTER PLAN FACIL IT IES 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 REIMBURSEMENT AS PROVIDED IN SECTION 2, CITY SHALL REIMBURSE TO DEVELOPER SO MUCH OF THE UNPAID BALANCE AS IS THEN AVAILABLEP AS SAID TERM IS HEREINAFTER DEFINED FROM DRAINAGE ASSESS- MENTS FOR DRAINAGE ASSESSMENT AREA L01, 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 PLAN WILL BE JEOPARDIZED THEN AT THE WRITTEN REQUEST OF THE DEVELOPER AND AT THF 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 ASSESS- MENTS 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 FUNDS BUT ALSO UPON WHETHER SUCH FUNDS OR ANY PORTION THEREOF MAY BE REQUIRED FOR THE INSTALLATION OF NECESSARY DRANAGE 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 ADI)RESS OF DEVELOPER IS AS FOLLOWS: 469-A WEST VALENCIA DRIVE FULLERTON, CALIFORNIA 92632 - 2 - IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN. ATTEST: CI MARY ANN HANOVER, CITY CLERK 7 By i i SMTP: OF CALIFORNIA COUNTY OFJ SS. uJ On � r / 7 V__ — _ hrfnrr mc. the u deR r=i�ne, a Votar Y blir in and for -aid ('aunt' and �I Ir. personally appeared 1S_my- "`�'��-c"""'*�'- known me to be the L'-� _President and --- ¢ known to me to be _ _—Secretary of the corporation that executed the awithin Instrument, known to me to be the per.ons who executed the within Interment on behalf of the corporation therein named, and a arknowledged to me that such corporation executed the within p° instnnnent pursuant to its by laws or a resolution of its board of directors. U' 1 Signature "0111 aO G Name (Typed or Printed) Notary Public in and for said County and State THF Mr..MICHAFI CnNPANV INC_ BY/ 0 If FOR NOTARY SEAL OR STAMP - 3 - OFFICIAL. SEAL CLARE M. NELSON NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY My Commission Expires July 20,1974 469 A. W. Valencia, FUIIErton. Calif. 92632 - 3 - March 6, 1991 The McMichael Company Attn: Antoinette M. Brown, Office Manager 2201-A East Winston Road Anaheim, CA 92806 Re: Drainage Fee Reimbursement (Tract 7912) Dear Ms. Brown: MEMBERS OF THE CITY COUNCIL LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B. JULIAN On August 7, 1974, the City of San Juan Capistrano entered into a Reimbursement Agreement with the McMichael Company. From drainage fees collected from Drainage Assessment Area L01, the City agreed to reimburse $56,981.99 should funds be available. Under the terms and conditions of the agreement, if funds are not available to perform the reimbursement, the term of this agreement may be extended. At this time, with the budgetary review completed, funds are not available for reimbursement. Under the circumstances, it is requested that the term of this agreement be extended. If you have any questions or require additional information, do not hesitate to contact me. Very truly yours, '5eo�/� � William M. Huber Director of Engineering & Building W M H:T GS: cl cc: George Scarborough John Shaw Dave Bentz Ted Simon Cheryl Johnson l �� 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 11 January 19, 1987 Ms. Toni Stotts The McMichael Company, Inc. 2201-A East Winston Road Anaheim, California 92806 Re: Drainage Reimbursement Agreement, Tract 7912 Dear Ms. Stotts: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN In reference to your letter of December 15, 1986, this office has reviewed the status of Master Planned Facilities within Drainage Area 1-01 and has found that the fund balance for Drainage Area 1-01 is still in a deficit situation and facilities remain to be constructed within the Area. In accordance with Section 3 of the subject reimbursement agreement, the "City shall not be required to reimburse developer until all master planned facilities within the Drainage Assessment Area 1-01 have been constructed unless City Council determines that the payment of such reimbursement will not jeopardize the improvement or construction of master plan facilities....." Should funds become available during the remaining term of the subject agreement you will be notified. Very truly yours, CITY OF SAN JUAN CAPISTRANO Brian Perry Associate Civil Engineer BP:nb cc: Itity Clerk Director of Adm. Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 W9U The McMichael Company, Incorporated December 15, 1986 City of San Juan Capistrano Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: BRIAN PERRY Associate Civil Engineer REFERENCE: Drainage Reimbursement Agreement; Tract 7912 (also letter dated 12/30/85) Dear Mr. Perry: This is a follow-up to the Drainage Reimbursement Agreement; Tract 7912 letter from your office, one year ago, dated 12/30/85 (copy enclosed) on our reimbursement agreement of $56,981.99. According to your letter, the fund balance for Drainage Area LO1 was in a deficit situation and the facility remained to be constructed, well this was a year ago and we would very much appreciate an update to this situation as soon as possible. Sincergly, J Toni Stott Office Manager TS/yp Enclosures cc: City Clerk Director or Administrative Services 2201-A East Winston Road • Anaheim, California • 92806 • (714) 635-5400 • December 30, 1985 Ms. Teri Black The McMichael Company, Inc. 2201-A East Winston Road Anaheim, California 92806 MEMBERS OP THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE P. BUCHHEIM KENNETH E. PRIESS GARY L. HAUSDORPER PHILLIP R. SCHWART2E CITY MANAGER STEPHEN B. JULIAN Reference: Drainage Reimbursement Agreement; Tract 7912 Dear Ms. Black: In reference to your letter of December 18, 1985, this office has reviewed the status of Master Planned Facilities within Drainage Area L01. Currently, the fund balance for Drainage Area L01 is in a deficit situation and facilities remain to be constructed within the Area. In accordance with Section 3 of the subject reimbursement agreement the "City shall not be required to reimburse developer until all master planned facilities within the Drainage Assessment Area L01 have been constructed unless City Council determines that the payment of such reimburse- ment will not jeopardize the improvement or construction of master plan facilities,....Il Should funds become available during the remaining term of the subject agreement you will be notified. Very truly yours, CITY OF SAN JJU"ANN CAPISTRANO Brian Perry Associate Civil Engineer BP:kd xc: City Clerk Director or Administrative Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 498-1171 The McMichael Company, Incorporated December 18, 1985 City of San Juan Capiotrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Dear Sir: Our company entered into a reimbursement agreement with your city on the 7th day of August, 1974, in the amount of $56,981.99. This reimbursement agreement was to be repaid to us from drainage fees collected from drainage assessment area LO1. We would like to have a report from you as to fees that have been collected in drainage assess- ment area LO1 since that time, and when we may expect to have these fees forwarded to us per the reimbursement agreement. Sincerely, �Q,, .rfyG� Teri Black Bookkeeper 2201-A East Winston Road • Anaheirn, Caldornia • 92806 • (714) 635-5400 AGREEMENT RE EASEMENT 05, 'r) c, I THIS AGREEMENT made and entered into by and between THE McMICHAEL CO., INC., hereinafter called "McMICHAEL" and the TRABUCO WATER COMPANY, a corporation, whose true name is TRABUCO WATER COMPANY, hereinafter called "TRABUCO." WHEREAS, MCMICHAEL is purchasing that certain land located in the City of San Juan Capistrano, County of Orange, State of California, described as portions of Lot 14 and 17 of Block 2, of San Juan Capistrano, as per map recorded in Book 3, Page 120 of Miscellaneous Records of said County, and more particularly described in Exhibit "A" which is appended to this agreement and made a part hereof as though fully set forth; and WHEREAS, TRABUCO has an easement over a portion of said land, as more particularly set forth in Book 64, Pages 202 of the Deed in Book 22, Page 341 of Deeds, and in Book 22, Page 343 of Deeds, and in Book 474, Page 138 of Deeds; and that said easement is for the purpose of irrigation, pipelines, and ditch purposes, and presently said TRABUCO has an irrigation pipeline over a northwesterly portion of said property hereinabove described; and WHEREAS, it is the intention of McMICHAEL to subdivide said land and according to the proposed subdivision map7912j reference being made hereto to said proposed subdivision map and said proposed subdivision map being incorporated herein by reference as though fully set forth, and that said subdivi- sion map if accepted by the City of San Juan Capistrano will permit the building of duplexes over the said irriga- tion line as it now exists; and -1- WHEREAS, such would materially affect McMICHAEL's proposed subdivision; and WHEREAS, McMICHAEL desires TRABUCO to quitclaim their existing irrigation and ditch easements as hereinabove set forth; and WHEREAS, it appears as though in the near future there will be no need for said irrigation line over McMICHAEL's property or beyond MCMICHAEL's property to the south, as said pipeline now exists; and WHEREAS, in order to protect TRABUCO in the event there is usage and need for said irrigation water beyond and to the south of said McMICHAEL property, McMICHAEL is willing to guarantee an easement over a portion of proposed Tract No. 7912 and along the street to the west of said Tract No. 7912, known as Del Obispo Street; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That TRABUCO will execute and deliver to McMICHAEL a quitclaim deed of all of their right, title, and interest in and to the property hereinabove described, including by way of specification, and not limitation, their rights to an easement for irrigation and ditch purposes. 2. That McMICHAEL agrees that it will give to TRABUCO an easement for an irrigation line over the northeasterly 10 feet of Lot 29 of the proposed Tract No. 7912 in the County of Orango, State of California. 3. That MCMICHAEL represents herein to TRABUCO that it has a commitment from the City of San Juan Capistrano that the City will permit an irrigation line to be put into the public right-of-way along the easterly side of Del Obispo Street in Tract No. 7912, provided that such irrigation line -2- E F. is requested and required by TRABUCO to serve their customers to the south of Tract No. 7912 and that the said City will require McMICHAEL to post a bond of sufficient value to pay for the cost of such irrigation line if and when such irriga- tion line is required by TRABUCO to serve any of its present and existing customers, or their heirs, assigns and/or devisees. 4. That McMICHAEL covenants and agrees not to record said easement until Tract Map No. 7912 has been approved by the City of San Juan Capistrano, for recordation; and McMICHAEL further covenants and agrees not to permit the recording of said quit- claim deed from TRABUCO until arrangements have been made with the City of San Juan Capistrano for the deposit of the bond as hereinabove set forth, pursuant to the requirements of the City of San Juan Capistrano. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that in the event all of the property now being served to the south of McMICHAEL's proposed Tract No. 7912 is served by other water services such.as the City of San Juan Capistrano and the line has no further purpose nor effect, and there are no customers for its use, then it is agreed that TRABUCO will execute all necessary and proper docu- ments to permit the withdrawal of the bond by McMICHAEL to the City of San Juan Capistrano and will further quit- claim back to McMICHAEL or its heirs, assigns or devisees, -3- 4b . .. - ft THAT PCRTION OF LOTS 14 AND 17 IN BLOCK 2 OF SAN JOAN CA.PEITRANO AS PER mAP RECORDED IN BOOK 3. PAGE is20 OP MISCELLANEOUS R.ECORCS, N THE OFFICE OF THE COUNTY RECORDER OF 105 ANGELES COUNTY, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF SZC TFON ie TOWNSHIP 8 :GUTH;, RANGE 8 WEST, OF THE SAN SERNAR.DINO MERIDIAN ACCORDING TO THE OF°FIC: AL PLAT OF SAID LAND FILED IN :HE DISTRICT LAND OFFICE, ALL ;N THE CITY OF SAN JUAN CAPISIRANOO COUNTY Of ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. BEGINNZNG AT THE POINT OF INTERSECTION OF THE CENTER LINE OF MCKINLEY AVENUE AS DESCRIBED IN THE DEED TO ORANGE COUNTY, RECORDED SEPTEMBER 10TH, 1930 IN BOOK 418, PAGE 276 OF OFFICIAL RECORDS, WITH THE WESTERAY EXTENSION OF THE NORTHEASTERLY LINE OF LOT 67 OF TRACT N0. 1030 AS SHOWN ON A MAP RECORDED IN BOOK 11, PACE 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE RUNNING NORTH 340 040 EAST ALONG THE CENTER LINE OF SAID MCKINLEY AVENUE, 954.36 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 300 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.23 FEET THROUGH F,4GLE CF 50 520 44'' TO A POINT, SAID POINT BEING 1.65 FEE! SOUTH 570 120 30" EAST FROM A POINT IN THE TANGENT LINE OF SAID CURVE 30.89 FEET NORTH 340 040 EAST FROM THE SAID BEGINNING OF SAID CURVE; THENCF SOUTH 570 121 30" EAST 188.35 FEET; THENCE SOUTH 580 12° 30" EAST 137.52 FEET; THENCE SOUTH 570 12° 30" EAST 650.93 FEET TO A POINT LOCATED 12.0 FEET SOUTH 420 030 30F° WEST FROM AN IRON PIPE MARKING A POINT 125.50 FEET NORTH 570 120 30" WEST FROM A POINT IN THE NORTHWEST LINE 0: LOT 15 IN BLOCK 2 OF SAN JUAN CAPIISTRANO, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 120 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE SOUTH 420 030 30" WEST 142.64 FEET TO A POINT IN THE NORTH— EASTERLY LINE OF LOT 1 OF THE PARTITION OF PART OF LOT 17 IN BLOCK 2 OF SAN JUAN CAPIS'eRANO, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 4 0.' RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE. COUNTY, CALIFORNIA., SAID POINT BEING SOUTH 590 EAST 17.05 FEET FROM `o HE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 420 190 30" WEST 870.:5 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 67,, TRACT NO. 103, SAID POIN" _ BEING 16.95 FEET SOUTH 570 100 30" EAST FROM THE MOST WESTERLY CORNER OF SAID LOT 1; THENCE NORTH 570 100 30" WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT 67p TRACT NO. 1039 AND THE NORTHWESTERLY ESTENIION THEREOF 844.95 FEET TO THE POINT OF BEGINNING. that certain easement which McMICHAEL has hereinbefore granted to TRABUCO over the northeasterly 10 feet of Lot 29 of Tract No. 7912. THE MCMICHAETb CQ INC. i Em Secretary TRABUCO WATER COMPANY BY �-C����,� , resident By . Secretary STA TF: 0p CORPO RATE ACKNOWLEDGMENT ('OUNTY OF On this }ss„ - day of _ ) Ile 19 before co po a�on ton executing the above me personally appeared 0 or the uses and a instrument, and acknow]edged said ' to m - purposes e known to b y therein mentionedhe e( and on oath stated that the to he the free and hat the sea] °oluntar affixed is tho y act seal of saidaCorporation aof nd MIM 9 Tne MCM Cnaei (,ornpany, Incorporat;- December 18, 1985 City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Dear Sir: Our company entered into a reimbursement agreement with your city on the 7th day of August, 1974, in the smount of $56,981.99. This reimbursement agreement was to be repaid to us from drainage fees collected from drainage assessment area L01. We would like to have a report from you as to fees that have been collected in drainage assess- ment area LO1 since that time, and when we may expect to have these fees forwarded to us per the reimbursement agreement. Sincerely, Teri Black Bookkeeper 2201-AEastWinstonnoad • Ananeri i.0 ai!ur, c • 9280 • ;7114)63E-` SAN J Pf TRA41C,i CA4:LPORNIA 92673 � a I ,�FYdN1949,7t117>' a d September 27, 1984 Mr. Dennis G. Foster, President The McMichael Company, inc. 2201-A East Winston Road Anaheim, California 92806 Reference: Drainage Reimbursement Agreement; Tract 7912 Dear Mr. Foster: In reference to your letter of August 24, 1984, this office has reviewed the status of Master Planned Facilities within Drainage Area L01. Currently, the fund balance for Drainage Area L01 is in a deficit situation and facilities remain to be constructed within",the Area. Should funds become available during the remaining term of the subject agreement you will be notified. Very truly yours, CITY OF SAN JUAN CAPISTRANO Geo ef Lohnes, Jr. City Engineer GML/CMB:ol xc: City Clerk Director of Administrative Services 1 5;400 PASO ADELA NTO' } SAN R%AN CAPISTRANO, CALIFORNIA 92673 HONE 493•11+77 - August 6, 1979 The Mc Michael Company 2201-A East Winston Road Anaheim, California 92806 Attention: Mr. Robert M. Cross Dear Sir: SUBJECT: Drainage Reimbursement Agreement --Tract 7912 In response to your letter dated July 19, 1979 we direct your attention to Section 3 of the subject reimbursement agreement. This section reads in part as follows: 113. COMPLETION OF MASTER PLANNED FACILITIES: City shall not be required to reimburse developer until all master planned facilities within the Drainage Assessment Area L01 have been constructed unless City Council determines that the payment of such reimbursement will not jeopardize the improvement or construction of master plan facilities,...:" The city has completed approximately 20% of all Master - planned Drainage Facilities within area L01. Accordingly, this office cannot estimate when the remaining facilities will be complete or when the subject fees may be reimbursed. If this office can be of any further assistance please contact me at 493-1171, ext. 213. Very truly yours, CITY OF SAN JUAN CAPISTRANO � .tib •� _- C.M. Bryan Principal E.ugineering Aide R CMB:rh men wOODSHMIK WOTA & ASSOCIA76.s, ixc. MEMORANDUM TO: FROM: SUBJECT: SITUATION: AUGUST 7, 1974 W. D. MURPHY, PUBLIC WORKS DIRECTOR CITY ENGINEER'S OFFICE STORM DRAIN REIMBURSEMENT AGREEMENT FOR TRACT 7912 (MCMICHAEL) A REQLIREMENT OF THIS SUBDIVISION WAS THE CONSTRUCTION OF A PORTION OF THE MASTER PLAN OF DRAINAGE SYSTEM. THE DEVELOPER WAS REQUIRED TO CONNECT TO AN EXISTING STORM DRAIN UNDER DEL OBISPO STREET AND EXTEND IT SOUTHEASTERLY TO ALIPAZ STREET. THE COST OF THIS CONSTRUCTION WAS CONSIDERABLY MORE THAN THEIR SHARE OF DRAINAGE FEES. THEIR TOTAL COST FOR ENGINEER, CONSTRUCTION AND INSPECTION CAME TO $73,778.32. THEIR APPROPRIATE FEES were $16,796.33. THEREFORE, THEY ARE entitled TO A REIMBURSEMENT AGREEMENT FOR THE DIFFERENCE OF $56,981.99. THE REIMBURSEMENT AGREEMENT HAS BEEN PREPARED)APPROVED BY THE CITY ATTORNEY AND SIGNED BY THE MCMICHAEL COMPANY,INC. SEE ATTACHED DOCUMENT). ALTERNATE ACTION: 1. HOLD FOR ADDITIONAL INFORMATION. 2. RECOMMEND CHANGES IN THE AGREEMENT. 3. APPROVE THE AGREEMENT. RECOMMENDATION: BY MOTION, APPROVE THE AGREEMENT AND AUTHORIZE THE CLERK AND MAYOR TO SIGN FOR THE CITY. RESPECTFULLY SUBMITTED, JACK Y. KUBOTA, CITY ENGINEER REVIEWED BY L) (// BY W. D. MURPII�l CITY Cp NCIL GEOR E. MADSEN PUBLIC WORKSllIRE CTOR SENT R PROJECT ENGINEER TRACT 7912 ................................. . 7-7 3 - 791 F D:N