1997-0617_SJC HOUSING INVESTORS, L.P._License and Reimbursement Agrn
u
RECEIVED
R$�fIEWW D BY )
N CORDED RETURN TO: )
City of Sao,Ju, an;Capistrano )
32400 Pgstd Adelanto ` )
San Juan Capistrano, CA 92675 )
Attention: City Clerk )
Assessor's Parcel No. 666-241-10 1
f
Kecoroea in r.ne county or orange, California
Gary L. Granville, Clerk/Recorder
lilllllllllllllllllllllllilllllllllllllllllllll111111111111111111 No Fee
19970323856 09:06am 0]/09/9]
005 24007148 24 63
Al2 5 7.00 12.00 0.00 0.00 0.00 0.00
RECORDING FEES EXEMPT DUE TO GOVERNMENT (Space Above for Recorder's Use)
C E�SECTIONublic Benefit
�tiC eryClerk
City of San Juan fIaekWnW REIMBURSEMENT AGREEMENT
(Ortega/Rancho Viejo Landscape Improvements)
Assessor's Parcel #666-241-10, County of Orange
THIS LICENSE AND REIMBURSEMENT AGREEMENT (the "Agreement") is made this
�T4`day of cTy /t�e-_ 1997, by and between the CITY OF SAN JUAN CAPISTRANO
(hereinafter referred to as "City") and SAN JUAN CAPISTRANO HOUSING INVESTORS, L.P.,
(hereinafter referred to as "Developer"), by LING HOUSING, its General Partner, owner
RECITALS:
WHEREAS, Developer has installed certain irrigation and landscape improvements located
in City's public right-of-way in conjunction with its senior apartment community complex located at
Ortega Highway and Rancho Viejo Road, and
WHEREAS, said improvements are located on Ortega Highway, approximately one hundred
(100) feet west of Rancho Viejo Road and on Rancho Viejo Road, approximately one hundred (100)
feet south of Ortega Highway, and
WHEREAS, Developer has installed said improvements providing that City makes a Five
Thousand Dollar ($5,000.00) reimbursement to Developer to be applied toward the total
improvement costs, and
WHEREAS, said improvements will be of material benefit to the public.
NOW, THEREFORE, be it resolved between City and Developer as follows:
Grant of License. Ownership. Installation and Future Operation and Maintenance of
Improvements.
c:\W"MO\wpdocsVI&Alice —1— 05/19/97
(a) City hereby grants a License to Developer for the purpose of permitting
Developer to construct and maintain certain irrigation and landscape improvements at the location
more particularly described and set forth in Exhibit "A", attached hereto and incorporated herein by
reference. City and Developer agree that these improvements will mutually enhance Developer's
adjacent development and City s public right-of-way along Ortega Highway and Rancho Viejo Road.
(b) Upon completion and City approval of installation of improvements, said
improvements shall remain the property of Developer.
(c) Developer agrees to install the irrigation and landscape improvements subject
to a Five Thousand Dollar ($5,000.00) reimbursement from City. In addition, Developer shall be
responsible for paying for the future cost of water and all other operation and maintenance activities,
including repairs associated with maintaining the system and landscaping in a quality, professionally
managed manner.
2. City's Five Thousand Dollar ($5,000.00) reimbursement to Developer.
City shall reimburse its Five Thousand Dollar ($5,000.00) contribution toward the
improvements described in Exhibit "A" by not later than thirty (30) days following Developer's
installation and City's formal approval of the improvements.
3. Term of Agreement.
This Agreement shall remain in full force and effect until mutually rescinded by the parties to
this Agreement.
Agement Binding Upon Successors in Interest
This Agreement shall be binding on the heirs, successors, and assigns of the parties hereto.
Accordingly, this Agreement shall be recorded in the County Recorder's Office (County of Orange)
by City upon mutual execution of the Agreement.
Indemnity.
Developer shall indemnify, defend, and protect and hold the City, its elected and appointed
officials, and its employees and agents, harmless from and against any and all costs, liabilities, losses,
proceedings, damages, causes of action and expenses arising out of or in connection with the use,
enjoyment, or performance of any obligation by Developer under this Agreement.
Dispute Resolution and Attorneys' Fees.
Should any dispute arse under this Agreement, it shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
cAwpwin604pdo \pMAlicefine -2- 05/19/97
0
In the event of any administrative or legal action taken to enforce this Agreement, the
unsuccessful party to such action or proceeding shall pay to the prevailing party all costs and
expenses, including reasonable attorneys' fees, incurred in such action or proceeding and in any
appeal in connection therewith by such prevailing party, whether or not such action, proceeding or
appeal is prosecuted to final determination. (Reasonable attorneys' fees are defined in part to mean
hourly attorneys' fees of not more than $150.00 per hour)
Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the parties and
supersedes all previous negotiations between them pertaining to the subject matter thereof.
ATTEST:
Cheryl John n, CoClerk
APPROVED AS TO FORM:
By:
Jo& Shaw, City Attorney
CITY AN=CAPI
B
David M. Swerdhn, Mayor
(NOTARIAL ACKNOWLEDGEMENT
REQUIRED)
SAN JUAN CAPISTRANO
HOUSING INVESTORS, L.P.
By: LINC HOUSING
ITS GENERAL PARTNER
Title 111(,6 {q'651D6A/l-
(NOTARIAL ACKNOWLEDGEMENT
REQUIRED)
CAwpwin60\wpdm\p1&Nimm -3- 05/19/97
•
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
El
On June 17. 1997 before me, Cheryl Johnson
City Clerk, personally appeared - - - David M. Swerdlin - - -
(SEAL)
Capacity Claimed by Signer
Municipal Corporate Officer
Mayor
Title
Signer is Representing
City of San Juan Capistrano
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Clerk
OPTIONAL
Description of Attached Document
License and Reimbursement Agreement
Title or Type of Document
Number of Pages
June 17, 1997
Date of Document
Michelle Dekoter
Signer(s) Other Than Named Above
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
0
On June 12, 1997, before me, Zee Greenwood, a notary public in and for said
state, personally appeared Michelle DeKoter, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
4�?o dv--Aaz�
Not tYu
blic
(SEAL)
167167.1
0
July 10, 1997
Jw�
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ft191ISM m 1961
1776
Michelle De Koter
LINC Housing
110 Pine Avenue, Suite 525
Long Beach, California 90802-4422
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
Re. License and Reimbursement Agreement - Seasons Senior Housing
Dear Ms. De Koter:
At their meeting of June 17, 1997, the City Council of the City of San Juan Capistrano
approved the License and Reimbursement Agreement with San Juan Capistrano Housing
Investors, L.P., for irrigation and landscape improvements in the City's right-of-way in
conjunction with the Seasons Senior Housing project in San Juan Capistrano.
A fully -executed copy of the Agreement is enclosed for your information. The document
was recorded on July 9, 1997, Document No. 19970323856. If you need any additional
information, please do not hesitate to call.
Very truly yours,
Cheryl Johnson, C C
City Clerk
Enclosure
cc: Kaufman & Broad Multi -Housing Group
Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
RETURN ADDRESS: V&E 'JUN 2 5 1X17
3� Od � e Cl 7 11 3? 'i X97
1 %
Regretfully your unrecorded/naming C.
au -
together with your remittance o $ ; Ck.'�o
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
(14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION
GARY L. GRA MLLE, COUNTY CLERK -RECORDER Please return to:
Clerk -Recorder
BY P.O. Box 238
Deputy Record Santa Ana, CA 92702-0238
W F0662 -105(R 10196) (714) 834-2887
due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No
consideration," document must so state.
(5)
The city where the property is located or "unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6)
The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7)
The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A
"General Acknowledgment" form is required. (See enclosed sample.)
(8)
The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the 'Penalty of Perjury"
statement will increase the fee by $
(9)
Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the enclosed certification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by $
(10)
The legal description/exhibit has been omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11)
Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12)
Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at which the summons was served or mailed.
(13)
Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION
GARY L. GRA MLLE, COUNTY CLERK -RECORDER Please return to:
Clerk -Recorder
BY P.O. Box 238
Deputy Record Santa Ana, CA 92702-0238
W F0662 -105(R 10196) (714) 834-2887
46
RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO: )
City of San Juan Capistrano )
32400 Paseo Adelanto )
San Juan Capistrano, CA 92675 )
Attention: City Clerk )
Assessor's Parcel No. 666-241-10 )
F
RECORDING FEES EXEMPT DUE TO GOVERNMENT (Space Above for Recorder's Use)
C E SECTION l Public Benefit
ttt_tN—
eryl Jo ns City Clerk
City of San Juan L�e�stgeo._ CA _MBURSEMENT AGREEMENT
(Ortega/Rancho Viejo Landscape Improvements)
Assessor's Parcel #666-241-10, County of Orange
THIS LICENSE AND REIMBURSEMENT AGREEMENT (the "Agreement") is made this
/1.�`day of c % J ne, 1997, by and between the CITY OF SAN JUAN CAPISTRANO
(hereinafter referred to as "City") and SAN JUAN CAPISTRANO HOUSING INVESTORS, L.P.,
(hereinafter referred to as "Developer" � by LINC HOUSING, its General Partner.
RECITALS:
WHEREAS, Developer has installed certain irrigation and landscape improvements located
in Citys public right-of-way in conjunction with its senior apartment community complex located at
Ortega Highway and Rancho Viejo Road, and
WHEREAS, said improvements are located on Ortega Highway, approximately one hundred
(100) feet west of Rancho Viejo Road and on Rancho Viejo Road, approximately one hundred (100)
feet south of Ortega Highway, and
WHEREAS, Developer has installed said improvements providing that City makes a Five
Thousand Dollar ($5,000.00) reimbursement to Developer to be applied toward the total
improvement costs, and
WHEREAS, said improvements will be of material benefit to the public.
NOW, THEREFORE, be it resolved between City and Developer as follows:
Grant of License. Ownership. Installation and Future Operation and Maintenance of
Improvements.
o:\wpwinWwpda \pl&ficense -1- 05/19/97
r
Written Communications: 1 \
Report dated June 17, 1997, from the Acting Director of Public Lands and Facilities, advising
that cost factors had prevented the repair of a main line water break serving landscape
irrigation along the southwest intersection of Ortega Highway and Rancho Viejo Road. San
Juan Capistrano Housing Investors, L.P./Kaufinan and Broad, developers of the senior
apartment complex at that location, had proposed to install additional landscape
improvements in the City right-of-way on the southwest corner of Ortega Highway and
Rancho Viejo Road, and to provide the water and maintain the improvements in exchange for
a City contribution of $5,000 toward the estimated $10,000 improvement cost. The Report
advised that the proposed License and Reimbursement Agreement for the improvements
would save approximately $8,000 in funds to repair the water line break and $1,640 per year
in maintenance and water costs.
Jack Galaviz, Maintenance Superintendent, made an oral report.
Approval of License and Reimbursement Agreement
It was moved by Council Member Jones, seconded by Council Member Greiner and carried
with Council Member Hart absent, to approve the License and Reimbursement Agreement
with San Juan Capistrano Housing Investors, L.P. The Mayor and City Clerk were
authorized to sign the Agreement on behalf of the City. The City Clerk was directed to
forward the Agreement to the Orange County Recorder's Office.
20.10
Written Communications:
Report dated June 17, 1997, from Community Services Director, forwarding a request
from the San Juan Capistrano Little Lea to use amplification while hosting the 13 -year-old
National All-Star Tournament at the San Juan istrano Sports Park Hausdorfer Field from
July 5 - July 12, 1997.
A Sports Park Plan was on display and the Community Service rector made an oral report.
Mr. King advised that Little League would be using a one-spe system, similar to the
City's system, and displayed the City's speaker. He advised that City st had conducted a
test with the City's system and found no negative impacts.
City Council Minutes -11- 6/17/97
9
AGENDA ITEM June 17, 1997
TO: George Scarborough, City Manager
FROM: Jennifer Murray, Acting Director, Public Lands and Facilities
SUBJECT: License and Reimbursement Agreement for Placement of Landscape
Improvements, Ortega Highway/Rancho Viejo Road (San Juan Capistrano
Housing Investors, L.P.) Senior Apartment Community Complex)
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License and Reimbursement
Agreement between San Juan Capistrano Housing Investors, L.P. and the City, and authorize the City
Clerk to forward the Agreement to the Orange County Recorder for recordation.
SITUATION
Background - In 1995, the City experienced a main line water break at the intersection of Ortega
Highway and Rancho Viejo Road. This line served landscape irrigation on the south side of Ortega
Highway from Rancho Viejo Road west and the west side of Rancho Viejo Road from Ortega
Highway south. As costs to repair the break were approximately $8000, the City opted to abandon
the line and to run a temporary line from another water source located on Rancho Viejo Road south
of Ortega Highway.
In 1997, a senior apartment community complex was completed by San Juan Capistrano Housing
Investors, L.P. As part of their project, San Juan Capistrano Housing Investors provided landscape
improvements in City right-of-way along the west side of Rancho Viejo Road, south of Ortega
Highway. To further enhance their project, the developers approached the City with a request to
install an irrigation system and landscape improvements in City right-of-way on the southwest corner
of Oretga Highway and Rancho Viejo Road, approximately 100 feet in each direction, at a cost of
$10,000. This is within the area described above. San Juan Capistrano Housing Investors proposes
that the City contribute $5,000 of the total amount for these improvements. In consideration for the
City's contribution, the developer will provide water for the irrigation system, as well as long term
maintenance for the improved area. Additionally, the community will enjoy the landscape
improvements provided to the area.
Summary and Recommendation - Staff recommends that the City participate in a License and
Reimbursement Agreement with San Juan Capistrano Housing Investors, L.P. which allows for the
landscape improvements and places responsibility for on-going maintenance and water costs with the
developer. Participation in this agreement will result in a savings of $8,000 required to repair the
main line break and approximately $1,640 per year in maintenance and water costs.
FOR CITY COUNCIL AGEE4 r 6 /a b
Agenda Item
June 17, 1997
Page 2
NOTIFICATION
San Juan Capistrano Housing Investors, L.P., Kaufinan and Broad Multi -Housing Group, Inc.
COMMISSION/BOARD REVIEW. RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The City's participation in a License and Reimbursement Agreement with San Juan Capistrano
Housing Investors, L.P. will require a reimbursement of $5,000 to the developer. Funds for this
reimbursement are available in Account No. 01-62419-4450. Participation in the agreement will
result in a savings of $8,000 required to repair the City's main line break and approximately $1,640
per year in maintenance and water costs.
ALTERNATE ACTIONS
Authorize the Mayor and City Clerk to execute the License and Reimbursement Agreement
between San Juan Capistrano Housing Investors, L.P. and the City, and authorize the City
Clerk to forward the Agreement to the Orange County Recorder for recordation;
2. Do not authorize execution of the License and Reimbursement Agreement and do not
authorize the Agreement to be recorded with the County;
3. Request additional information from Staff.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License and Reimbursement
Agreement between San Juan Capistrano Housing Investors, L.P. and the City, and authorize the City
Clerk to forward the Agreement to the Orange County Recorder for recordation.
Respectfully submitted,
LOCATION OF WORK
AREA MAP
OF7EGq
w
H
. LWATION OF IMPROVEMEK'mc
PL TING & IRRIGATION LEG D
Ortega Highway
SJC Housing Investors, L.P. Senior Housing Project
The irrigation system consists of approximately PVC piping, with heads
and valves which feed off a water source on the Senior Housing Project.
PLANTINrz LEGEND
SYMBOL BOTANICAL NAME
�lO
O�
COMMON NAME
I
SIZE/ SPACING
1
rollm
TREES
EXISTING OLEANDER TREES TO REMAIN 5
EXISTING TREES TO REMAIN
SHRUBS
PITTOSPOIQI T. 'WHEELER'S DWARF'
WHEELER'S DWARF TOBIRA I GAL. • 2'-6' O.G. 281
RHAPHIOLEPIS INDICA 'CLARA'
INDIA HAWTHORN 5 GAL. S1
NOTE:
-CONTRACTOR SHALL PURCHASE ALL PLANT MATERIAL
THROUGH NORMAN'S NURSERY
-ALL PLANTING ALAS SHALL RECEIVE 2' DEEP MEDIUM GRIND
WOOD MULCH EXHIBIT A, PAGE 2
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MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN HART R
Iixtxxxxl RlH GWYATTLUT HART
I IES
1`7 I96� DAVID .S
�]](, DAVID M. SWERDLIN
CITY MANAGER
-. •J GEORGE SCARBOROUGH
June 6, 1997
LINC Housing
Attn: Michelle De Koter
110 Pine Avenue, Suite 525
Long Beach, CA 908024422
RE: License and Reimbursement Agreement (Ortega/Rancho Viejo Landscape Improvements)
Dear Ms. De Koter:
Enclosed for your signature are two originals of the above noted License and Reimbursement
Agreement.
As you know, a portion of City of San Juan Capistrano right-of-way received landscape
improvements as part of the senior housing project recently completed by San Juan Capistrano
Housing Investors, L.P. In order for the City to reimburse the developer for a portion of the
improvement costs, the enclosed agreement must be signed and presented to the City Council for
approval on Tuesday, June 17, 1997. Your signature is required on the enclosed original agreements.
Please note that a notarial acknowledgement is also required.
Both signed originals must be returned to our office, no later than Friday, June 13, 1997 (mailing label
enclosed). A My executed copy of the agreement will be returned to you following approval at the
June 17th City Council meeting.
The City has been coordinating this agreement with Tom Erickson of Kaufman and Broad (310/231-
4107). If you have any questions, you may wish to contact Mr. Erickson, or you may contact me at
714/443-6362.
Very truly yours,
NcY Y arne , Adm. Assistant
Public Lands & Facilities
nb
cc: Thomas Erickson, Kaufman and Broad
enclosures
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
RECEIVED
JUL 10 1 52 PM '97
June 18, 1997
Clerk -Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92701
E
` Immrrouuo
Is
1776 1961
1776
Re: License and Reimbursement License and Reimbursement Agreement
Gentlemen:
The following document is enclosed for recordation:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
License and Reimbursement Agreement fir AP 666-241-10,
San Juan Capistrano Housing Investors (Seasons Senior Housing)
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-addressed
envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl John n
City Clerk
Enclosure
Recorded in the county of orange, California
Gary L. Granville, Clerk/Recorder
No Fee
Doo' 19970323856 09; 06am 07/09/97
005 24007148 24 63
Date Al2 5 7.00 12.00 0.00 0.00 0.00 0.00
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171