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1973-1025_MISSION GLEN HOMES_Reimbursement AgreementFE f• 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 -1- u 4 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, -2- L_.■ 0 0 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 -3- i 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 -4- 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 -5- 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. -6- 6/27/89 0 June 29, 1989 Robert Maurer Maurer Development Company P. O.Box 2006 Tustin, California 92681 �lift Y mlaxroxauo 776 nuuuxll � 1961 1 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. -k '� 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 0 0 ✓fir' I- � �; MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE f. BVCMHEIM (� inUnluV! KENNETH E. FRIESS III VIIPU 1961 GARY L. HAUSOORFE R ' 1%%6 PHILLIP R. SCHWARTIE `� • CITY MANAGER - I 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 0 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 O 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 0 .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