1973-1025_MISSION GLEN HOMES_Reimbursement AgreementFE
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT, for purposes of identification hereby dated
the day of �(rj-rjPci , 1973, is by and between
MISSION GLEN HOMES, a joint venture, 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 Capistrano -Capistrano Beach Area (here-
inafter 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. 5592on 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 $20,125.00; and
WHEREAS, Developer has completed the improvements of Tract
No. 5592 and paid the sum of $65,429.10 for the installation of
storm drain facilities; and
WHEREAS, Developer has, accordingly, paid an excess of
$45,304.10 for and on account of said drainage assessments, and is
entitled to reimbursement of that sum.
NOW, THEREFORE, in consideration of the premises hereinabove
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set forth, City agrees to reimburse Developer the aforesaid sum
of $45,304.10 from drainage fees collected from Drainage Assessment
Area L01, 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 agree-
ment 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 L01 have been constructed unless City
Council determines that the payment of such reimburse-
ment will not jeopardize the improvement or construc-
tion of master plan 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,
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and provided that Developer is otherwise entitled to
reimbursement as provided in Section 2, City shall reim-
burse 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 1
available to reimburse Developer fully and if the City
Council does not find and determine that the master drain-
age plan will be jeopardized , then at the written request
of the Developer and at the City's sole and absolute dis-
cretion, 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 avail-
able 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 in-
form the City of any changes in address. The official
mailing address of Developer is as follows:
2711 East Coast Highway
Corona del Mar, California 92625
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IN WITNESS THEREOF, the parties hereto have executed this
agreement on the date first above written.
ATTEST:
Wanda E. Andersen, City Clerk
CITY OF SAN rTUAN CAPISTRANO
By (2
Ma or
HOMES,/4 Joint Venture
LZ
opment Co.,AAalifornia
By
Ltfcas Development Uorp.,A California Corp.
By
�� meo Homes, A California Corporation
By Pres,
Lifetime Homes, A limited partnership
By: Hester Development Co., Gen', Partner
e+s
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STATE OF CALIFORNIA
=a
COUNTY OF Orange
On October 26, 1973 before me, the undersigned, a Notary Public in and for
said State, personally appeared Robert E. Maurer ,
known oto me to
b'e�the / President,
kfiOWrVrs�„rryc rro/pre�/�■rp�a'Fy of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
..... o..
instrument pursuant to its by-laws or a resolution of its board of j0 r. OFFICIAL SEAL SE
directors. L. M. STRUCK ■
■ ,e
Notary Public -California ;
WITNESS my hand and official seal e• a ORANGE COUNTY
IstAy �-�Camm... Ex..........i ..
Signature
Name (Typed or Printed)
(This area for official notarial seal)
STATE OF CALIFORNIA
COUNTY OF
Orange
OnOctober 26, 1973 before me, the undersigned, a Notary Public in and for
said State, personally appeared Robert J. Lucas
known to me to be the President, /0 ,
f/iu�virs�t6�tr(%�thyi ;(e/rp(1)(r7'of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and so.
knowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors.
WITNESS my hand and fffiiij/ocii_al seal.
Signature 4 - All �'
Name (Typed or Printed)
i..
OFFICIAL L SEAL L
/ ■
, L. M. STRUCK s
a
Notary Public -California ,
ORANGE COUNTY
=� Ay Commissi.n Expires April 15,=977,
(This area for official notarial seal)
STATE OF CALIFORNIA
a } as
COUNTY OF Orange
On October 26, 1973 before me, the undersigned, a Notary Public in and for
said State, personally appeared J. C. Gianulias
.��knno✓✓wnn tometo be the Presidem`,`1T��
the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
Signature _Yj..�S6
....
i . OFFICIAL SEAL /
L L. M. STRUCK a
m
Notary Public -California /
sORANGE COUNTY ;
I�.. MyYCom ::co�E o :::.1977
*r?i /
STATE OF CALIFORNIA
a
2COUNTY Of Orange
r
26
` On thist—h_day of October 19_73 ,before me the undersigned
ia Notary Public in and for said State personally appeared __ C •_ W. Hester
known to me to be the-- President"AA/
om
o �l6yc�f6 (,�q�y�e// �e�r�r�of_—Hester Develoament Co. ,
t u the corporation that executed the within instrument and known to me to be the persons who executed the within
ac o
m i= instrument on behalf of said corporation, said corporation being
A c
c known to me to be one of the partners of
Lifetime Homes
.....r.............o.s,v
as the partnership that executed the within instrument, and acknowl- K OFFfQAL SEA; /
u LL edged to me that such corporation executed the same as such 9 m L M. STRUCK ;
Spartner and that such partnership executed the same. Notary Publi Callfomia
0 WITNESS my hand and official sea. 1 • ORANGE COUNTY j
ry Cemrafaafen Expires April 25, 1977 /
I Signature , , —.1
Name (Typed or Printed) (This area for official notarial seal)
2.
3.
RESOLUTION NO 89-6-27-2. ORANGE COUNTY
COORDINATED LAW ENFORCEMENT AND PUBLIC WORKS
RADIO COMMUNICATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PARTICIPATION IN THE
FINANCING, ACQUISITION, AND USE OF THE ORANGE
COUNTY COORDINATED 800 MHz UHF LAW ENFORCEMENT
AND PUBLIC WORKS RADIO COMMUNICATIONS SYSTEM
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
APPROVAL OF REVISED AGREEMENT FOR ANIMAL CONTROL SERVICES
WITH THE COUNTY OF ORANGE (600.50)
Written Communication:
Report dated June 27, 1989, from the Assistant City
Manager, noting the major provisions of a new agreement
proposed between the County and the City for animal
control and animal shelter services. The agreement was
developed by the City County Coordinating Committee and
endorsed by the Orange County League of Cities and the
Board of Supervisors.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Friess, and unanimously carried that the
agreement for animal control and animal shelter services
between the County of Orange and the City be approved,
with a projected cost of $31,146 for the 1989-90 fiscal
year.
e;: � � y � •ir;r� a �ei+�� s:;� �+� �rt ie�+� u� ss� �e � �;t•�� � �i � �t �r r�
Written Communication:
Report dated June 27, 1989, from
Manager, recommending that the full
improvements to Drainage Assessment
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the Assistant City
amount of expenses for
Area LO1 in the amount
6/27/89
of $45,304.10, be reimbursed to Mission Glen Homes,
pursuant to a 15 -year Reimbursement Agreement signed in
1973.
Mr. Scarborough made a brief oral presentation, stating
that full reimbursement before all Drainage Master Plan
improvements for Area LO1 have been completed should not
jeopardize the improvement or construction of Master Plan
facilities.
Approval of Reimbursement:
It was moved by Councilman Buchheim, seconded by
Councilman Friess, and carried by a 4-0 vote, that staff
be directed to reimburse Mission Glen Homes in the amount
of $45,304.10, the total amount due under the 1973
Reimbursement Agreement. Councilman Schwartze abstained
from voting.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ACCEPTANCE OF 1987-88 AUDIT AND FINANCIAL REPORT (310.30)
Written Communicatio
Report dated June 27, 1989, from the Director of
Administrative Services, forwarding the annual Financial
Statement, which was audited by Moreland and Associates
for $13,500, and the Comprehensive Annual Financial Report
for the fiscal period ending June 30, 1987.
Acceptance of Report:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried, that the 1987-88
Financial Report and examination by Moreland and
Associates, the City's independent auditor, be accepted.
CLOSED SESSION
Council recessed to a Closed Session at 7:50 p.m. for
discussion of personnel matters, the City Clerk being excused
therefrom, and reconvened at 8:25 p.m.
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6/27/89
0
June 29, 1989
Robert Maurer
Maurer Development Company
P. O.Box 2006
Tustin, California 92681
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Re: Reimbursement for Improvements to Drainage Area L01
Dear Mr. Maurer:
6 or.
MEMBERS OF THE CITY COUNCIL
ANTHONY L.BLAND
LAWRENCE F. BUCMHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their adjourned regular meeting held June 27, 1989, the City Council of the
City of San Juan Capistrano directed staff to reimburse Mission Glen Homes the
total amount of $45,304.10, due under the 1973 reimbursement agreement. An
extension of the Reimbursement Agreement with Mission Glen Homes will no
longer be necessary.
If you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann H nover, CMC
City Clerk
MAH/cj
cc: City Manager
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
AGENDA ITEM June 27, 1989
TO: Stephen B. Julian, City Manager
FROM: George Scarborough, Assistant City Manager
SUBJECT: Reimbursement Agreement - Improvements to Drainage Area 1-01,
Tract 5592 (Robert Maurer)
SITUATION:
On October 25, 1973, the City signed a Reimbursement Agreement with Mission Glen
Homes (Robert Maurer) for proposed reimbursement for improvements constructed in
Tract 5592 in Drainage Assessment Area LO1. The improvements totaled $45,304.10.
The agreement provided that reimbursement payment would come solely from funds paid
into the Drainage Assessment Area LO1 from drainage fees. The agreement provided
that the City shall not be required to reimburse the Developer until all Master Plan
facilities within the Drainage Assessment Area LO1 have been constructed unless the
City Council determined that payment of such reimbursement will not jeopardize the
improvement or construction of Master Plan facilities.
The agreement went on to establish an initial term of 15 years and provided that at the
end of the initial 15 year term, the City would reimburse the Developer as much of the
unpaid balance as was then available in the 1-01 Assessment Fund whether or not all the
Drainage Master Plan facilities had been constructed. If the funds were not available to
fully reimburse the Developer and if the City Council did not find and determine that the
Master Plan facilities would be jeopardized, then at the written request of the Developer
and at the City's sole and absolute discretion, the terms of the agreement could be
extended for an additional 15 years.
The initial 15 year term of the agreement expired on October 25, 1988, and at that time
the Drainage Assessment Area 1-01 had an unallocated fund balance of $16,483.
However, additional fees have been received since that time and the unallocated fund
balance is now adequate to reimburse the total $45,304.10.
The Drainage Master Plan Improvements for the Drainage Assessment Area 1-01 have not
been fully completed. However, the construction of drainage improvements required of
Glenfed C and D combined with the drainage improvements that have been completed in
1,O1 will result in the completion of all significant sections of the Assessment Area 1-01
improvements. Additional fees projected to be received in the district from already
approved development will allow completion of the bulk of the remaining improvements
in 1.O1. Staff believes that payment of the $45,304.10 reimbursement to Mission Glen
Homes will not jeopardize the improvement or construction of Master Plan facilities.
We recommend that Mission Glen Homes be reimbursed for the full amount of
$45,304.10. In the event of full reimbursement, extension of the Reimbursement
Agreement is unnecessary.
FOR CITY COUNCIL AGEND4V /r
Agenda Item -2- June 27, 1989
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The reimbursement of $45,304.10 will come from unallocated Drainage Fund Reserve.
NOTIFICATION:
Robert Maurer
Maurer Development Co.
P. O. Box 2006
Tustin, CA 92681
ALTERNATE ACTIONS:
1. Authorize the reimbursement of $45,304.10 to Mission Glen Homes.
2. Request staff to provide additional information.
RECOMMENDATION:
Direct staff to reimburse Mission Glen Homes the total amount due under the 1973
reimbursement agreement of $45,304.10.
Respectfully submitted,
George Scarborough
GS:dh
Attachment
F
MAURER DEVELOPMENT CO.
June 7, 1989
City Council
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Mission Glen Homes/Reimbursement Agreement
Gentlemen:
This is to formally request an immediate hearing before the
City Council to review the matter of reimbursement that is
due from the City of San Juan Capistrano to the undersigned
pursuant to the above referenced agreement.
To briefly review the history of this matter, we entered into
the subject Reimbursement Agreement in 1973. The agreement
with the City provided that we, as developer, would pay the
cost of certain improvements, and that the City would
reimburse us for such funds. The "spirit and intent" of that
agreement was that the developer would be reimbursed before
the expiration of the fifteen year period. Notwithstanding
that the work covered by the Reimbursement Agreement was
completed and, we believe, sufficient funds received with
which to reimburse us under the agreement, no payment has
been forthcoming.
I have been communicating directly with your Director of
Public Works regarding reimbursement for nearly a year. In
October, 1988, I requested an audit to determine whether
reimbursement funds were actually available. Although the
requested information was never provided, Mr. Murphy was
cooperative in structuring a reimbursement agreement that was
ultimately approved by the City Attorney and agreeable to
Mission Glen Homes. On April 28, 1989, Mr. Murphy forwarded
to me a form of Reimbursement Agreement for signature by
Mission Glen Homes, that called for immediate payment of the
sum of $16,483.00 within thirty days and payment of the
balance of $28,821.10 prior to October 25, 1989. Mr. Murphy
prepared that agreement based on his determination that at
least the sum of $16,483.00 was immediately available and the
balance would be available before the end of 1989.
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'� 4841 VORBASTREET/P.O. BO%2006/TUST IN, CALI FOR NIA92681/(714) 544-8390 SLICE NSE B-1269901
9
City Council
San Juan Capistrano
June 7, 1989
Page Two
In the spirit of cooperation, Mission
that proposal, rather than insist on its
and full reimbursement. Mr. Murphy has
the Assistant City Manager has refused to
your agenda as was promised.
C�
Glen Homes accepted
rights to an audit
now advised us that
place this item on
We strongly believe that fifteen years is long enough for us
to wait for the reimbursement of fees advanced by us as
developer for the benefit of the City of San Juan Capistrano.
We believe that the staff report prepared by the City's
Director of Public Works indicates that the City has the
funds with which to reimburse us. Accordingly, we can only
conclude that the City is unwilling to perform and has acted
in bad faith in attempting to retreat from the position taken
by its Director of Public Works.
If you have any questions regarding our request for a City
Council hearing, we suggest that you contact the Director of
Public Works regarding the research that recommended the
reimbursement as described in the attached agreement.
Very truly yours,
MAURE D VELO MENT CO.
Robe E. Maurer
Joint Venture Partner
Mission Glen Homes
REM/sd
attachments
cc: William D. Murphy
MAY 3 1989
9 f.l.............
April 28, 1989
Mr. Bob Maurer
14841 Yorba, Ste. 203
Tustin, CA 92680
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MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE f. BVCMHEIM
(�
inUnluV!
KENNETH E. FRIESS
III VIIPU
1961
GARY L. HAUSOORFE R
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PHILLIP R. SCHWARTIE
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CITY MANAGER
-
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STEPHEN B JULIAN
Re: Draft Reimbursement Agreement
Dear Bob:
Attached for execution are three copies of the drainage reimbursement
agreement. Upon execution, we will schedule this item for Council action.
Very truly yours,
W. D. Murphy
Director of Public Works
W DM:kls
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
1989, by and between the City of San Juan Capistrano, a body politic of the State of
California, hereinafter designated as "CITY" and Mission Glen Homes, a Joint Venture,
hereinafter designated as "DEVELOPER".
WHEREAS, the City and the Developer have entered into a Reimbursement
Agreement for drainage improvements on October 25. 1973; and
WHEREAS, the City currently has $16.483.00 of allocated funds within the
drainage fund for LOI; and
WHEREAS, the City anticipates drainage fees to be collected within the
current fiscal year to repay the entire balance.
NOW, THEREFORE, in consideration of the premises hereinabove set forth.
the City agrees to reimburse developer the sum of $45,304.10, collected from drainage
fees from Drainage Assessment Area LO1 under the following terms and conditions:
1. This agreement shall remain in effect until October 25, 1989.
2. Payments - City agrees to pay within 30 days the available funds within
the Drainage Assessments ($16,483.00). The City agrees to pay the
balance due. $28,821.10, from drainage fees collected from Drainage
Assessment Area LO1 prior to October 25, 1989.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
first above written.
CITY OF SAN JUAN CAPISTRANO
IM
GARY L. HAUSDORFER. MAYOR
MISSION.GLENi{O,MES. A JOINT VENTURE
ED
M
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A1CAVIFORNM CORPORATION
!�J VLr. L. L{\l VV\\1 ..
A ALIFOR_N ARPORATION
BY
MARY ANN HANOVER LIFETIME HOMES, A LIMITED PARTNERSHIP
CITY CLERK BY: HESTER DEVELOPMENT CO.,
GENERAL PARTNER
WODO
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.ffOG.7t6. IFrc.
MEMORANDUM
TO: City Clerk
We iR
SUBJECT
f
CIFy OF
SAM JOAN CGP{&IiAM
�>�uAru
City Engineer's Office
Reimbursement Agreement for Drainage Fees
in Mission Glen — Tract No. 5592
7, 1973
Attached is the completed Reimbursement Agreement dated October 25, 1973.
This is the first major Reimbursement Agreement for subdivisions within
the City of San Juan Capistrang. Under priority of claims, it states that
refunds will be made on priorities based on the dates of Reimbursement
Agreements; therefore, it will be necessary to file these agreements so
that they can readily be checked for dates for possible reimbursements in
the future.
Very truly yours,
Jack Y. Kubota, City Engineer
City of San Juan Capistrano
By
eor Ead
. Msen
Senior Project Engineer
Enclosure
cc: Public Works Director
Finance Director
Bob Maurer
Tract No. 5592