1990-1204_SAN JUAN CORPORATE PLAZA_Agreement for ReimbursementJ
'r CORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
2:30
P.M, DEC 14 1990
RECORDED AT THE REQUEST OF
AND RETURN TO:
Q• `� RECORDER
(CO FY
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano /� /
City Clerk's Department )OL/ IQ, � i)l/i. � it a lyl ( [! [iLNi
32400 Paseo Adelanto I Cheryl Johnson,City Clerk
San Juan Capistrano, CA 92675 E—TP-ir;rl City of San Juan Capistrano, CA
C14
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that work was performed in the City of San Juan Capistrano,
California, by San Juan Corporate Plaza, Architectural Control 85-3, as follows:
INSTALLATION OF SIGNAL IMPROVEMENTS AT RANCHO VIEJO
ROAD AND JUNIPERO SERRA ROAD, AND CONSTRUCTION OF
STREET IMPROVEMENTS ON RANCHO VIEJO ROAD FROM
MALASPINA DRIVE NORTH 800 FEET
June 30, 1990
That said work was completedby said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said
work was recommended for approval and was accepted by the City Council of the City of
San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California
92675, at a regular meeting thereof held on the 4th day of December, 1990, by
Resolution No. 90-12-4-1
That upon said contract, the American Motorists Insurance Company was surety for the
bonds given by the said company as required by law.
Dated at San Juan Capistrano, California, this Sth day of December
1990.
Cheryl Johnson, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of
the City of San Juan Capistrano, California, do hereby certify under penalty of perjury
that the foregoing Notice of Completion is true and correct, and that said Notice of
Completion was duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano, California, this Sth day of December ,
1990.
Cheryl Johnson, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JOAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the attached is a
true and correct copy of the following document:
Notice of Completion, Recorded Document No. 90-656943 for
the Installation of Signal Improvements at Rancho Viejo
Road and Junipero Serra Road, and Construction of Street
Improvements on Rancho Viejo Road from Malaspina Drive
North 800 Feet, dated December 5, 1990.
(SEAL)
Cheryl Johnso1h, City Clerk
RESOLUTION NO. 90-12-4-1
OF STREET AND SIGNAL
0 2'
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS ON RANCHO VIEJO ROAD FROM MALASPINA
ROAD NORTH 800 FEET AND THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF RANCHO VIEJO ROAD AND
JUNIPERO SERRA ROAD (SAN JUAN CORPORATE PLAZA,
REPUBLIC COMMERCIAL COMPANY)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency has
entered into an reimbursement agreement with San Juan Corporate Plaza for the
installation of street improvements on Rancho Viejo Road from Malaspina Road north
800 feet and traffic signal installation at the intersection of Rancho Viejo Road and
Junipero Serra Road; and,
WHEREAS, said improvements have been inspected and installed to the
satisfaction of the City Engineer.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does
resolve as follows:
SECTION 1. That the work required to be performed by said Developer in
said Reimbursement Agreement has been completed.
SECTION 2. That the work is hereby accepted and approved.
SECTION 3. The City Clerk is directed to forthwith forward a "Notice of
Completion" to the County Recorder of the County of Orange for recording.
PASSED, APPROVED, AND ADOPTED this 4th day
Of December , 1990.
ATTEST:
CITY CLERK
-1-
�; o Eli • •
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 90-12-4-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of December , 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, CITY CLERK
-2-
11
SAN JUAN)
CORPORATE PLAZA``\
�\ ^^ XTii — g�
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0
Stephen B. Julian, City Manager
0
December 4, 1990
Ray Wellington, Interim Director of Engineering do Building
Resolution, Notice of Completion, Final Report, AC 85_3, San Juan
Corporate Plaza, 30448 Rancho Viejo Road (Republic Commercial)
During the development review process for the construction of San Juan Corporate
Plaza, it was determined that a traffic signal was warranted at the intersection of
Rancho Viejo Road and Junipero Serra Road along with widening of Rancho Viejo Road
from Malaspina Road north 800 feet to the boundary with the Health Park project.
In May of 1988, the developer and the San Juan Capistrano Community Redevelopment
Agency (CRA) entered into a Reimbursement Agreement (attached) for installation of
the street and signal improvements.
Those public improvements required for the referenced project have now been inspected
and recommended for acceptance by the Engineering Division. The right-of-way
necessary to accomodate the improvements was accepted in a prior Council action.
All sureties held for this project are bonds written by American Motorists Insurance
Company. Bonds consist of a Labor and Material Bond and a Performance Bond, both in
the amount of $386,400, and a Monumentation Bond for $2,800.
NOTIFICATION
Republic Commercial Company, Walter Gaynor, developer
Suttcor International
Christensen Engineering
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
All reimbursement payments have been previously made to San Juan Corporate Plaza
from the CRA. There is no additional cost or compensation to the City associated with
this action.
ALTERNATE ACTIONS
1. Accept the public improvements for AC 85-3.
2. Do not accept the public improvements for AC 85-3.
3. Request additional information from Staff.
FOR CITY COUNCIL AGEND5w
AGENDA ITEM
December 4, 1990 •
Page 2
RECOMMENDATION
By resolution, determine that the street and signal improvements for AC 85-3, San Juan
Corporate Plaza, has been completed and declare the work to be accepted; authorize
exoneration of the following bonds: Performance, $386,400; Labor and Material,
$386,400; and Monumentation, $2,800. Direct the City Clerk to, within ten days from
the date of acceptance, file a notice of completion with the Orange County Recorder;
authorize Staff to retain a 10% retention until thirty-five (35) days after recordation of
the notice of completion.
Respectfully submitted,
"-,1'5- - roe
Ray Wellington, P.E.
RW(RAF:ssg
Attachments
0 "City Conte
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO )
AND MAIL TAX STATEMENTS TO: )
}
Agency Clerk )
San Juan Capistrano )
Community Redevelopment Agency )
32400 Paseo Adelanto )
San Juan Capistrano, CA 92675 )
ORIGINAL
(Space above for Recorder's Use
This document is exempt from the
payment of a recording fee
pursuant to Government Code
Section 6103.
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:.�
Mary An Hanover
Its: Agency Secretary
Dated: May 3 , 1988
AGREEMENT FOR REIMBURSEMENT
THIS AGREEMENT, made and entered into this 3rd day
of May , 1988, by and among the SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and
politic, hereinafter "Agency", and the CITY OF SAN JUAN
CAPISTRANO, a municipal corporation, hereinafter "City", and
SAN JUAN CORPORATE PLAZA, a California general partnership,
hereinafter "Developer".
R E C I T A L S
The following Recitals are a substantive part of this
Agreement:
WHEREAS, the Agency is formed under and operates pursuant
to the Community Redevelopment Law, Health and Safety Code
Section 33000, et seg. (the "Act"); and
rJ
0
WHEREAS, the Redevelopment Plan (the "Plan") for the
Project Area ("Project Area") authorizes
the Agency to pay all or a part of the value of the development
of certain public improvements which are enumerated in the Plan
or in materials referenced in the Plan and which includes
street improvements; and
WHEREAS, the City's Master Plan of Streets calls for the
improvement and widening of Rancho Viejo Road to secondary
standards and the installation of traffic signals at the
intersection of Rancho Viejo Road and Junipero Serra Road; and
WHEREAS, the Agency desires to cause the construction of
the certain public improvements at the intersection of Rancho
Viejo Road and Junipero Serra Road in the Project Area (the
"Public Improvements"); and
WHEREAS, the Developer is the owner of certain real
property in the Project Area, including Assessor's Parcel No.
650-161-02 ("Property"), which Property is adjacent to the
subject intersection and the proposed Public Improvements; and
WHEREAS, the portion of the Project Area surrounding the
Property is deficient in respect to infrastructure to such an
extent that it is not financially feasible for the necessary
Public Improvements to be provided (i) by private enterprise
acting alone, or (ii) through the financial means of the City
alone, without direct Agency financial assistance; and
WHEREAS, as a part of the development of the Property by
the Developer, the Developer has agreed in Resolution
No. 86-8-19-2 of the City Council of the City to cause the
construction and completion of the Public Improvements; and
WHEREAS, the Agency desires by this Agreement to assist the
Developer with the costs of the completion of the Public
Improvements by reimbursing the Developer for a portion of the
costs of construction directly apportioned and attributable to
the Public Improvements; and
WHEREAS, Section 33445 of the Act provides that a
redevelopment agency may, with the consent of the legislative
body of the City, pay all or a part of the value of public
improvements upon a finding that such public improvements are
of benefit to the project area or the immediate neighborhood in
which the project is located and that there are no other
reasonable means of financing such public improvements
available to the community; and
04-25-88
9481k/2299/38 -2-
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WHEREAS, in addition to the extent of the Public
Improvements required in Resolution No. 86-8-19-2, the
following factors contribute to the need for the Agency to
assist financially in the completion of the Public
Improvements: (i) widening of Rancho Viejo Road from two lanes
to four lanes, including a center median and bike path requires
right-of-way dedication along the frontage of Developer's
Property; (ii) the widening along the frontage of the
Developer's Property requires the Developer to do extensive
grading of a hillside, and significant modification of the
drainage system; and (iii) the cost of widening Rancho Viejo
Road cannot be shared with another property owner on the other
side of the road because Rancho Viejo Road is parallel and
adjacent to Interstate 5.
WHEREAS, Agency and City have determined that it is in the
best interest and the welfare of the residents and in accord
with the public purposes and provisions of applicable federal,
state, and local laws and requirements to widen Rancho Viejo
Road to secondary standards and to signalize the intersection
at Rancho Viejo Road and Junipero Serra Road; and
WHEREAS, City has approved the construction plans and
specifications for the widening of Rancho Viejo Road to
secondary standards along the west side of the Developer's
Property and the signalization of the subject intersection.
NOW, THEREFORE, it is mutually agreed by and among the
Agency, the City and the Developer as follows:
Section 1. Reimbursement for Public Improvements
Developer at its sole cost and expense shall cause the
development, construction and completion of the Public
Improvements, including widening to secondary standards Rancho
Viejo Road and installation of the traffic signals required at
the intersection of Rancho Viejo Road and Junipero Serra Road.
The Agency agrees to reimburse the Developer for a portion of
the costs actually incurred in the completion of the Public
Improvements to an amountof $265,000, including an
estimated $108,000 for the traffic signals and $157,000
attributable to the road work. Reimbursement will be made
within ten (10) days of the issuance of a Certificate of
Completion for the Public Improvements, but only after the
Developer has submitted a final accounting to the Agency with
supporting documentation which evidences the costs actually
incurred in the completion of the Public Improvements.
04-25-88
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Section 2. Cost of Other Improvements
Except for the Agency reimbursement described in Section 1,
Developer shall bear all of the costs of the construction and
completion of the development of the Property and of the Public
Improvements within the City right-of-way required by the City
for the development of the subject Property, including such
items as design and construction of curb and gutter,
excavation, pavement and base, sidewalks and driveways,
landscaping, pedestrian lighting, bus shelters, any and all
onsite and offsite improvements specified in the approved
entitlement and development plans for the Property, and any and
all other improvements that are necessitated by development of
the Property to the curbline abutting the Property.
Section 3. Administration of Construction
Developer shall enter into and thereafter administer,
oversee, and supervise the design, approval, construction, and
the construction contract for the Public Improvements and shall
pay for the work. Any changes in the scope of construction
shall be reviewed and approved by the City in writing prior to
the contractor's commencement of the related change order to
the construction. Developer shall comply with all applicable
federal, state, and local laws, regulations and rules int he
construction and completion of the Public Improvements.
Section 4. Bonds
At Developer's sole cost and expense, Developer shall
secure and furnish to City bonds in a form approved by City,
executed by a corporation authorized to transact surety
business within the State of California, for the following
purposes and in the sums stated, and shall keep the bonds in
full force and effect until the Public Improvements have been
completed and accepted by City, or shall furnish a cash deposit
or other form of security approved by City in lieu thereof
(based upon the estimated cost of said Public Improvement):
a. Faithful Performance Bond: to secure the faithful
performance of all terms and conditions herein in the
sum of $386,400.
b. Labor and Material Bond: to secure payment to the
contractor, subcontractor, engineers, and to all
persons renting equipment or furnishing labor or
materials to them upon such improvements in the sum of
$386,400.
C. Monumentation: to secure payment to the surveyors in
the sum of $2,800.
04-25-88
9481k/2299/38 -4-
Section 5. Completion Date
Developer shall complete all of said work and improvements
for the completion of the Public Improvements by August 15,
1988. If additional time is needed, an extension may be
requested to the City and the Agency in writing by the
Developer prior to August 15, 1988 and may be granted by the
City Engineer and Agency Director on the showing of good cause
by the Developer. Any such extension shall, however, be
subject to all the terms and conditions of this Agreement, and
any surety or other security shall continue in full force and
effect until the work and improvements have been accepted by
the City. Developer shall submit satisfactory evidence of the
extended effectiveness and validity of the bonds prior to
August 15, 1988.
Developer agrees that City may, without any notice, and at
its sole discretion, at any time after the time for completion
has passed, complete, or cause to be completed, all or any part
of the said work, and Developer shall pay to said City, upon
demand, all of the costs of any of said work done by the City,
its agents and contractors, or any of them, to complete all or
any part of the Public Improvements and all other offsite
improvements related to the development of the Property.
Developer hereby consents to entry on the Property by the City
and its forces, including contractors, in the event the City
proceeds to complete and/or maintain the work. If Developer
fails to pay for such incurred costs after demand by the City,
the Developer agrees and acknowledges that a lien for said
monies shall be recorded against the Property by the Agency or
the City, and/or that the Agency and/or the City may pursue any
and all other remedies available at law or in equity against
the Developer.
tion 6. Liabilit
Developer shall protect, defend, indemnify, and hold
harmless City, Agency, and their elective and appointive
boards, officers, agents, and employees from any and all
claims, liabilities, expenses, or damages of any nature,
including attorney fees, for injury to, or death of, any
person, and for injury to any property, including consequential
damages of any nature resulting therefrom, arising out of or in
any way connected with the performance of this Agreement by, or
on behalf of Developer.
Developer shall comply with all of the provisions of the
Worker's Compensation Insurance and Safety in Employment Laws
of the State of California, including the applicable provisions
of Divisions 4 and 5 of the California Labor Code and all
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amendments thereto, and all similar state, federal, or local
laws applicable; and shall indemnify and hold harmless City and
Agency and their employees, officers and agents from and
against all claims, liabilities, expenses, damages, suits,
actions, proceedings and judgments of every nature and
description, including attorney's fees, presented, brought or
recovered against City or Agency, for or on account of any
liability under any of said laws which may be incurred by
reason of any work performed under this Agreement by Developer
or on its behalf.
Agency and City do not, and shall not, waive any rights
against Developer which they may have by reason of the
aforesaid hold -harmless agreements because of the acceptance by
City or Agency or the deposit with City or Agency by Developer
of any insurance policies or certificates of insurance
purporting to indemnify for the aforesaid losses. The
aforesaid hold -harmless agreements by Developer shall apply to
all liabilities, claims, expenses, and damages of every kind,
including, but not limited to, attorney fees, suffered or
alleged to have been suffered, by reason of the aforesaid
operations of Developer or any subcontractor or others
performing on behalf of Developer, regardless of whether or not
such insurance policies are applicable.
Section 7. Insurance
Developer shall not commence work under this contract until
he shall have obtained all insurance required herein and such
insurance shall have been approved by City and Agency as to
form, amount, and carrier, nor shall Developer allow any
subcontractor to commence work on his subcontract until all
similar insurance required of the subcontractor shall have been
so obtained and approved.
Developer shall obtain and maintain during the life of this
Agreement worker's compensation insurance; and if any work is
sublet, Developer shall require subcontractor similarly to
provide worker's compensation insurance. Developer agrees to
indemnify City and Agency and their employees, officers and
agents for any damages resulting to them from failure of either
Developer or any subcontractor to obtain or maintain such
insurance.
Said worker's compensation insurance shall name the city
and Agency as an additional insureds with respect to operations
conducted by or on behalf of Developer pursuant to this
Agreement. Said worker's compensation insurance shall provide
that the insurance may not be cancelled until thirty (30) days
after prior written notice of such cancellation is delivered to
City and Agency.
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Developer shall obtain and maintain during the life of this
Agreement the following coverage:
a. Comprehensive general liability, automobile liability,
including owner, hired, and non -owned vehicles,
blanket contractural liability and personal injury
liability, all with limits not less than $1,000,000
combined single limit per occurrence.
b. Endorsements shall be obtained for the policies
providing the above insurance for the following three
provisions:
(i) Additional named insured:
The City of San Juan Capistrano, its
elective and appointive boards, officers,
agents, and employees are added as
additional named insureds with respect to
this subject project and contract with City
and Agency.
(ii) Additional named insured:
The San Juan Capistrano Community
Redevelopment Agency, its elective and
appointive boards, officers, agents, and
employees are added or additional named
insureds with respect to this subject
Project and contract with City and Agency.
(iii) Notice:
Said policy shall not terminate nor shall it
be cancelled or the coverage reduced until
after thirty (30) days written notice is
given to City and Agency.
(iv) Primary Coverage:
Said policy and coverage, as is afforded to
the City of San Juan Capistrano, and the San
Juan Capistrano Community Redevelopment
Agency and their elective and appointive
boards, officers, agents, and employees
shall be primary insurance and not
contributing with any other insurance
maintained by the City or the Agency.
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SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:�-R •�
4enneth E. Friess, Chairman
CITY OF SAN JUAN CAPISTRANO
By:
&L.ausdorfer, Mayor
SAN JUAN CORPORATE PLAZA
By: SUTCOR INTERNATIONAL,
Managing General Partner
�)Jmes Riskas, President
ATTEST:
ary An nover, Agency Secretary
ATTEST:
Mary Ann anover, City Clerk
APPROVED AS TO FORM:
Thomas P. Clark, Jr., Agency Attorney
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9481k/2299/38 -8-
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4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated December 4, 1990, from the Interim Director
of Engineering and Building, regarding actions taken at the
meeting of October 24, 1990, was ordered received and filed.
RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT -
ARCHITECTURAL CONTROL 85-3. SAN JUAN CORPORATE PLAZA
REPUBLIC COMMERCIAL(600-391
(00
As set forth in the Report dated December 4, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted declaring the construction of street
and signal improvements for the San Juan Corporate Plaza
project at 30448 Rancho Viejo Road to be complete:
RESOLUTION NO. 90-12-4-1. COMPLETION OF STREET AND
SIGNAL IMPROVEMENTS - RANCHO VIEJO ROAD AT JUNIPERO
SERRA ROAD, ARCHITECTURAL CONTROL 85-3. SAN JUAN
CORPORATE PLAZA (REPUBLIC COMMERCIAL COMPANY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF STREET IMPROVE-
MENTS ON RANCHO VIEJO ROAD FROM MALASPINA ROAD
NORTH 800 FEET AND THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF RANCHO VIEJO ROAD AND
JUNIPERO SERRA ROAD (SAN JUAN CORPORATE PLAZA,
REPUBLIC COMMERCIAL COMPANY)
The Resolution accepted the work as complete in the amount
of $23,600, and the following bonds were released: Perfor-
mance, $386,400; Labor and Material, $386,400; and Monumenta-
tion, $2,800. The City Clerk was directed to forward a
Notice of Completion to the County Recorder and staff was
authorized to release the 10% retention thirty-five (35) days
after recording the Notice of Completion.
6. RESOLUTION. ACCEPTANCE OF RIGHT-OF-WAY DOCUMENTS - SAN
As set forth in the Report dated December 4, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted accepting the street right-of-way
dedication to accommodate the street improvements installed
along Rancho Viejo Road in conjunction with the San Juan
Corporate Plaza project at 30448 Rancho Viejo Road:
-3-
12/4/90
4. REPORT OF TRAFFICAND TRANSPORTATION COMMISSION•
(590,20)
The Report dated December 4, 1990, from the Interim Director
of Engineering and Building, regarding actions taken at the
meeting of October 24, 1990, was ordered received and filed.
5. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT -
ARrHITECTURAL CONTROL 85-3 SAN JUAN CORPORATE PLAZA
(REPUBLIC COMMERCIAL) (600.30)
As set forth in the Report dated December 4, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted declaring the construction of street
and signal improvements for the San Juan Corporate Plaza
project at 30448 Rancho Viejo Road to be complete:
CORPORATE PLAZA (REPUBLIC COMMERCIAL COMPANY_ - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF STREET IMPROVE-
MENTS ON RANCHO VIEJO ROAD FROM MALASPINA ROAD
NORTH 800 FEET AND THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF RANCHO VIEJO ROAD AND
JUNIPERO SERRA ROAD (SAN JUAN CORPORATE PLAZA,
REPUBLIC COMMERCIAL COMPANY)
The Resolution accepted the work as complete in the amount
of $23,600, and the following bonds were released: Perfor-
mance, $386,400; Labor and Material, $386,400; and Monumenta-
tion, $2,800. The City Clerk was directed to forward a
Notice of Completion to the County Recorder and staff was
authorized to release the 10$ retention thirty-five (35) days
after recording the Notice of Completion.
670-56
As set forth in the Report dated December 4, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted accepting the street right-of-way
dedication to accommodate the street improvements installed
along Rancho Viejo Road in conjunction with the San Juan
Corporate Plaza project at 30448 Rancho Viejo Road:
-3-
12/4/90
7.
0
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Mum
�:_ .• • ce
PLAZA (REPUBLIC COMMERCIAL COMPANY) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING STREET DEDICATION
FOR RANCHO VIEJO ROAD FROM MALASPINA ROAD TO
APPROXIMATELY 800 FEET NORTH (SAN JUAN CORPORATE
PLAZA, REPUBLIC COMMERCIAL COMPANY)
The City Clerk was directed to record the dedication document
with the County Recorder.
As set forth in the Report dated December 4, 1990, from the
Interim Director of Engineering and Building, the improve-
ments required for La Novia Avenue, including the installa-
tion of an erosion control plan, were accepted. This action
releases the main Improvement Bond in the amount of
$1,828,920 and accepts the following three bonds posted by
G1enFed:
Erosion control maintenance $ 20,000
Hydroseeding construction 140,000
Landscape establishment and maintenance 100,000
a�9EaFfL STM{•]�i - • • • ; • �0 •
As set forth in the Report dated December 4, 1990, from the
City Clerk, the lists of Commissions, Boards, and Committees
were affirmed as submitted. Vacancy notices shall be posted
at the three official posting places in the City, as well as
in the City Clerk's Department.
1 1 1
Report dated December 4, 1990, from the Director of Public
Lands and Facilities, advising that the request to waive the
formal bid process was necessary due to the approaching rainy
season and potential for a hazardous situation. The pipe is
to be installed at two locations on Avenida de la Vista so
that sewage can be diverted directly to the Moulton Niguel
sewer line if necessary. The following Resolution was
adopted, waiving the formal bid process and awarding the
contract for installation of an overflow pipe to the low
bidder, L&L Engineering, in the amount of $13,815:
-4-
12/4/90
u
May 9, 1988
Wally Gaynor
San Juan Corporate Plaza
22952 Alcalde Drive, Suite 140
Laguna Hills, California 92653
J� •
U' inIIHVH,H
,u.,lna, 11961
1776
MEMBERS OF TMECITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCMWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Reimbursement Agreement for Public Improvements to Rancho Viejo Road - San
Juan Corporate Plaza
Dear Mr. Gaynor:
The City Council of the City of San Juan Capistrano at its regular meeting held May 3,
1988, adopted Resolution No. 88-5-3-1 approving the San Juan Corporate Plaza
Reimbursement Agreement and the Agency's commitment to construct and pay for public
improvements.
The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at
its regular meeting held May 3, 1988, adopted Resolution No. CRA 88-5-3-1 approving
the San Juan Corporate Plaza Reimbursement Agreement and the Agency's commitment
to construct and pay for public improvements.
Enclosed are copies of Resolution No. 88-5-3-1 and Resolution No. CRA 88-5-3-1. Also
enclosed are two executed copies of the Agreement for Reimbursement. In order for the
Agency's copy of the Agreement to be recorded, a notarized signature is required.
Please have James Riskas re-sign the "Agency Copy" of the Agreement before a notary
public, and return that copy to this office. The other copy of the Agreement is for your
records.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
-/
Mary Ann H =over, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Community Planning and Development
32400 PASEO ADELANTO. SAN JUAN CAPISTRANC. CALIFORNIA 92675 B (714) 493.1171
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
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May 3, 1988
Stephen B. Julian, City Manager
Thomas G. Merrell, Director
Community Planning and Development
Reimbursement Agreement - San Juan Corporate Plaza
A. Summary and Recommendation - The Community Redevelopment Agency staff has
been negotiating with Wally Gaynor, representing the San Juan Corporate Plaza
Partnership, regarding the development of a site on Rancho Viejo Road at the
intersection of Junipero Serra Road. The terms and conditions of a Reimbursement
Agreement have been negotiated, which define the developer's responsibility to
construct certain public improvements and the Agency's responsibility to reimburse
the developer for a portion of the improvements. It is recommended that the
Council adopt the attached resolution, as it relates to the City's approval of the
Redevelopment Agency's Agreement with the developer. The Agency will also be
considering this item at this meeting.
B. Background - The City of San Juan Capistrano has approved development plans for
San Juan Corporate Plaza, a 32,127 square -foot office building with subterranean
and surface parking. The 3.54 -acre development site is located adjacent to the San
Diego Freeway (Interstate 5) at the eastern terminus of Junipero Serra Road at
Rancho Viejo Road, as shown on Exhibit "A" of the attached Reimbursement
Agreement.
As a condition of approval by City Council Resolution 86-8-19-2, the developer is
required to widen and make certain improvements on Rancho Viejo Road, and to
install a traffic signal at the intersection of Rancho Viejo and Junipero Serra Roads.
The City has designated Rancho Viejo Road as a secondary arterial highway in its
General Plan. This requires the widening of Rancho Viejo Road to four lanes and
signalization at the intersection with Junipero Serra Road. Developments along
Rancho Viejo Road are required to contribute towards the cost of these public
improvements through systems development taxes and other City development
fees. However, because Rancho Viejo Road is adjacent to Interstate 5, no
development will occur along the west side of the road, which would otherwise
contribute to these costs. Other land along the east side of the road remains
undeveloped. Therefore, developer fee financing is insufficient at this time to
complete these improvements. It is being recommended that the Redevelopment
Agency participate in these public improvements through a reimbursement
agreement with San Juan Corporate Plaza Partnership. The developer has agreed to
construct the improvements and the Agency will consider an agreement to reimburse
the developer $265,000 towards a portion of the City's improvements and that of
other developments that will pay fees as development occurs.
PUBLIC NOTIFICATION
None.
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Agenda Item -2- May 3, 1988
OTHER BOARDS/COMMISSIONS
Development plans for San Juan Corporate Plaza were approved by City Council
Resolution No. 86-8-19-2, with the condition requiring street and traffic signal
improvements.
FINANCIAL CONSIDERATIONS
The City will not be financially impacted by
Agency's reimbursement of $265,000 to the
the Agency's Capital Improvements Budget.
ALTERNATE ACTIONS
the proposed agreement. The source for the
developer for public improvements will be
1. Adopt the attached resolution approving the Agreement for Reimbursement with San
Juan Corporate Plaza and the Agency's commitment to construct and pay for public
improvements.
2. Adopt the attached resolution, subject to modifications.
3. Request additional information from staff.
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RECOMMENDATION
By motion, adopt the resolution approving the San Juan Corporate Plaza Reimbursement
Agreement and the Agency's commitment to construct and pay for public improvements.
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Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
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AI53882
Attachment
RESOLUTION NO. 88-5-3-1
OF PUBLIC F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE
CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IS OF BENEFIT
TO THE CENTRAL REDEVELOPMENT PROJECT AND THE
IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS
LOCATED AND DETERMINING THAT THERE ARE NO OTHER
REASONABLE MEANS OF FINANCING SAID PUBLIC
IMPROVEMENTS
WHEREAS, the San Juan Capistrano Redevelopment Agency (the "Agency") is
authorized to carry out the redevelopment of the Central Redevelopment Project Area
(the "Project"); and,
WHEREAS, the Redevelopment Plan for the Project Area authorizes and
directs the Agency to pay all or part of the value of the acquisition and construction of
public improvements, which are enumerated in materials referenced in the
Redevelopment Plan and which include the construction of the Public Improvement
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WHEREAS, the Agency desires to contribute toward the reconstruction of the
Public Improvements; and,
WHEREAS, California Health and Safety Code Section 33445 provides that the
redevelopment agency may with the consent of the legislative body, pay all or part of the
value of public buildings, facilities, structures or other improvements upon a finding that
such public improvements are of benefit to the Project Area or the immediate
neighborhood in which the Project is located and that there is no other reasonable means
of financing such public improvements available for the community; and,
WHEREAS, without the direct financial participation by the Agency, there are
insufficient resources available for the reconstruction of the Public Improvements; and,
WHEREAS, the Public Improvements is a facility used by and of benefit to
persons residing in the Project Area.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1.
The City Council hereby determines that the construction of the Public
Improvements will be of benefit to the Project Area and the surrounding area
neighborhood in which the Project is located.
SECTION 2.
The City Council further determines that there are no other reasonable means
for financing the reconstruction of the Public Improvements without having the Agency
pay all or part of the value of such reconstruction.
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SECTION 3.
The City Council consents to the execution by the Agency of the Agreement,
and the payment by the Agency of the "Agency Amount" as defined in and pursuant to
such Agreement. This resolution does not constitute authorization for the expenditure of
City funds.
PASSED, APPROVED, AND ADOPTED this 3rd day
of May 1988.
GAR HAUSDORFER, M OR
ATTEST:
- MARFA ANOV R, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 88-5-3-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 3rd day
of May , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL)
MARY ANN H NOVER, CITY CLERK
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EXHIBIT A
PUBLIC IMPROVEMENTS
The following are the public improvements to be constructed. The
precise nature of each improvement shall follow the plans submitted to and approved by
the City Engineer.
A. Traffic Signal
1. New Signal - Rancho Viejo Road/Junipero Serra Road
B. Street Improvements
1. Rancho Viejo Road - widening to four lanes, curbs,
drainage, bike path and sidewalk as shown in approved plans.
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A budget amendment in the amount of $5,000 was authorized to implement the
change of election dates.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REPORT OF DEVELOPMENT APP
Written Communications:
Report dated May 3, 1988, from the Director of Community Planning and
Development, forwarding a list of significant development applications currently
under review by the Community Planning Division, as directed by Council on
April 19, 1988.
Council concurred that the report is to be scheduled on the Agenda for the second
meeting of each month. Mayor Hausdorfer ordered the report received and filed.
Mayor Hausdorfer noted that the first Community Forum is to be held on May 19,
1988, at 7:00 p.m., in the City Council Chamber.
2. REIMBURSEMENT AGREEMENT FOR PUBLIC IM
RANCHO VIEJO ROAD - SAN JUAN CORPORATI
Written Communications:
Report dated May 3, 1988, from the Director of Community Planning and
Development, forwarding a Resolution approving the San Juan Corporate Plaza
Reimbursement Agreement for the Community Redevelopment Agency's
commitment to funding of public improvements. A condition of approval for the
3.54 -acre project located adjacent to the San Diego Freeway at the eastern terminus
of Junipero Serra Road, was to widen and improve Rancho Viejo Road and signalize
the intersection of Rancho Viejo and Junipero Serra Roads. The report advised that
development fees were insufficient to fund the required public improvements of the
City's adopted Redevelopment Plan and recommended approval of Agency financial
participation and reimbursement to the developer in the amount of $265,000.
Determination of Benefit/Approval of Agency Participation:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 88-5-3-1. DET
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF
CERTAIN PUBLIC FACILITIES IS OF BENEFIT TO THE
CENTRAL REDEVELOPMENT PROJECT AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND
DETERMINING THAT THERE ARE NO OTHER REASONABLE
MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS.
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5/3/88
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Bland,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
The Mayor and City Clerk were authorized to execute the Reimbursement
Agreement on behalf of the City.
DIRECTOR OF PUBLIC WORKS
1. PROPOSED ASSESSMENT DISTRICT 87-1, SEWERS AND NA
Councilman Friess left the Council Chamber.
Written Communications:
Report dated May 3, 1988, from the Director of Public Works, advising that in
November, 1987, 16 residents of the Hidden Valley area of the City petitioned the
City for the formation of an Assessment District for the construction of sewers and
natural gas lines in their area. The petitioners deposited good faith contributions in
the amount of $10,000 toward formation of the District. The report forwarded a
preliminary report for the proposed assessment district and recommended an initial
budget of $65,000 to perform initial work. Total cost of the project was estimated
at $511,000. Consultants will be hired to perform the work, which was estimated to
take six months.
Approval of Budget Amendment:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried, with Councilmen Friess and Buchheim absent, to receive and
file the Preliminary Report for the Proposed Assessment District 87-1 for Hidden
Valley. A budget amendment in the amount of $55,000 was authorized from the
Sewer Enterprise Fund, to be included with the $10,000 good faith contribution, for
the initial project budget. Staff was authorized to hire consultants for initial design,
assessment engineering, assessment legal counsel and utility coordination and
preparation of plans and specifications.
Councilman Friess returned to the Chamber and resumed his duties.
2. STONEHILL DRIVE EXTENSION STATUS REPORT (820.20)
Written Communications:
Report dated May 3, 1988, from the Director of Public Works, advising that the
County was finalizing the responses to comments made at the February 23, 1988,
public meeting regarding the Environmental Report for the Stonehill Drive
extension. Project funding through the Federal Aid to Urban Highways Program has
been extended and encumbered into 1990. The project continues to be on schedule,
with construction anticipated in the 1989-90 fiscal year.
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5/3/88