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05-0215_WILLAM LYON HOMES, INC_Construction Improvement Agra RECAP: City of San Juan Capistrano February 15, 2005 Ll Page: 5 5. Consideration of Execution of a Reimbursement Improvement Agreement for Off - Site Circulation Improvements, Tract 16221 (William Lyon Homes, Inc.) (600.60): Construction and reimbursement agreement for off-site circulation improvements, tract 16221, with William Lyon Homes, Inc., as it conforms to the requirements set forth in the approved Tentative Tract Map conditions and accept the corresponding securities; and the City Clerk directed to process recording of the agreement. 2-16-2005 Sam S. said he would get the signed agreement to me as soon as possible. 6. Consideration of Acceptance of Public Water Facilities and Water Easement, Quitclaim of Water Easements, Release of Surety and Approval of Notice of Completion (Msgr. Paul M. Martin Faith & Education Center) (Diocese of Orange) (APN 124-180-03 & 124-180-06) (600.30/670.50): Resolution No. 05-02-15-02 adopted accepting dedication of public water facilities and related water easements from the Diocese of Orange; quitclaiming existing water easements to the Diocese of Orange; authorizing release of the surety; and directing the City Clerk to process recording of the related documents. 2-16-05 executed resolution to Maria. (3) original documents sent to the recorder 7. Consideration of Terminating the Local Emergency Declared on January 11, 2005 (520.10): Resolution No. 05-02-15-03 adopted terminating the January 11, 2005 proclamation of a local emergency. 2-16-05 executed resolution to maria. 8. Consideration of Application for Grant Funds for the Water Recycling Construction Program (Chapter 7, Proposition 50) (State Water Resources Control Board) (1050.40): Resolution No. 05-02-15-04 adopted approving the application for grant funds for the recycled water system to the State Water Resources Control Board (SWRCB) Water Recycling Construction Program (Chapter 7, Proposition 50): Soto/Swerdlin, 5-0 2-16-05 executed resolution to maria. 0 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano El This Space for Recorder's Use Only CONSTRUCTION AND REIMBURSEMENT AGREEMENT CIRCULATION IMPROVEMENTS THIS AGREEMENT, dated the day of 2005 is by and between William Lyon Homes, Inc. owner of property known as Rancho Madrina at the east side on Rancho Viejo Road, north of Ortega Highway; more precisely referred to as Tract 16221, hereinafter referred to as "Developer" and the City of San Juan Capistrano, hereinafter referred to as "CITY". WHEREAS, Developer is in the process of developing Tract 16221 as a residential project on his property; and, WHEREAS, CITY has approved and conditioned such development as Tentative Tract 16221 at the City Council of the City of San Juan Capistrano meeting of June 3, 2003 by City Council (CC) Resolution 03-06-03-01; and, WHEREAS, conditions of approval require Developer to design and construct certain circulation improvements to mitigate the impacts caused by Developer's development and be reimbursed in part for those certain improvements; and, WHEREAS, City requires that those certain improvements, as outlined hereafter, be constructed conjointly with Developer's development. NOW, THEREFORE, in consideration of the premises hereinafter set forth, CITY and Developer agree as follows: Section 1. Developer shall design and construct, along with the development of Tract16221 and subject to partial reimbursement as outlined herein, the following: Location Improvement Timing of Improvements Fair Share / Reimburse- Estimated ment Improvement Amount Cost a. Ortega Construct an The applicant shall apply 11.49%/ Highway @ 1-5 eastbound right- for Caltrans $191,954 $169,899 Southbound turn lane on Ortega encroachment permit Ramps Highway for traffic within thirty (30) days movement from following approval of any Ortega Highway final map. eastbound to 1-5 southbound. Complete construction of improvements prior to issuance of the seventy- sixth (76th) building permit. b. 1-5 Construct an The applicant shall apply 14.17%1 Northbound additional for Caltrans $245,796 $210,967 Off-Ramp @ northbound lane on encroachment permit Ortega the 1-5 Off-Ramp within thirty (30) days Highway: and re-stripe to following approval of the provide two right project's final map. turn lanes. Complete construction of improvements prior to issuance of the seventy- sixth (76th) building permit. c. Ortega Construct an Begin construction of 14.59%/ Highway @ eastbound right- improvements prior to $69,500 $59,360 Del Obispo turn lane on Ortega the issuance of the first Street: Highway for traffic (15t) building permit. movements from Complete construction of Ortega eastbound improvements prior to to Del Obispo issuance of the thirty- southbound. eighth (38th) building permit. Ortega Re-stripe Complete construction of 14.59%/ Highway @ northbound improvements prior to $9,250 $7,900 Rancho Viejo approach to issuance of the thirty- Road: provide dual left- eighth (38th) building turn lane. permit. The applicant shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed above shall be obtained by the applicant, with City's assistance, at no initial cost to the City. The applicant shall provide performance bonds/securities as well as labor and materials bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer, on standard City form by an Agency approved by the City. Any deferral in the timing of this condition, due to unforeseen delays caused by outside regulatory agencies, shall be subject to review and approval by the City Engineer. Section 2. Design Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Section 3. Reimbursement to Developer. Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the improvements. Developer shall be reimbursed the above stated costs of the total improvement costs over a period of fifteen (15) years from the completion of the last improvement in Section 1 above. Timing of reimbursement payments will be according to actual proration contributions, based on traffic generation, from other developers in the area who develop their properties within the time period specified in Section 4 below. Section 4. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1 above. An extension of five years may be granted by the City upon written request of Developer. Section 5. Time Frame for Repayment to Developer. The City shall cause such other developers to make their pro -rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 6. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Developer agrees to maintain liability insurance in the following amounts: a. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. b. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 7. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 8. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: 0 TO: William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 9. E Agreement Runs with the Developer and/or its Successsors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 10. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. DATE DATE APPROVED AS TO FORM CITY ATTORNEY William Lyon Homes, Inc. a California Corporation In Its: CITY OF SAN JUAN CAPISTRANO By: WYATT HART, MAYOR Attest: CITY CLERK 0 REVISED INFORMATION 0 02/15/2005 D5 TO: Members of the City Council FROM: Nasser Abbaszadeh, Director of Engineering & Building Services SUBJECT: Revised Agreement for Consent Calendar Item D 5 Related to the Reimbursement Improvement Agreement for Off-site Circulation Improvement, Tract 16221 (William Lyon Homes, Inc.). The Developer has requested a minor modification to the title of Section 9 of the Agreement. The requested modification is to change "Agreement should run with the land" to "Agreement should run with the Developer and/or Successors". The City Engineer has provided the attached revised Agreement for your consideration for Item D 5, which includes this change. This Agreement replaces the Agreement provided in your agenda packet. 0 • 2/15/2005 D5 AGENDA REPORT TO: Dave Adams, City Manager 91 - FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Execution of a Reimbursement Improvement Agreement for Off-site Circulation Improvements, Tract 16221 (William Lyon Homes, Inc.) RECOMMENDATION By motion: Approve the Construction and Reimbursement Agreement for off-site circulation improvements, Tract 16221, with William Lyon Homes, Inc. as it conforms to the requirements set forth in the approved Tentative Tract Map conditions and accept the corresponding securities; and, 2. Direct the City Clerk to forward the Agreement to the County Recorder. SITUATION A. Summary and Recommendation The Final Map for Tract No. 16221, William Lyon Homes, the owner/developer of 119 residential homes, was approved by City Council on October 5, 2004. The conditions of approval for this project require the developer to design and construct certain off-site circulation improvements to mitigate the impacts caused by the developer's project. The costs associated with such improvements will be subject to partial reimbursement over a period of fifteen years, from other developers in the area who develop their properties. B. Background On June 3, 2003, the City Council adopted Resolution No. 03-06-03-01 conditionally approving Vesting Tentative Tract Map 16221, consisting of 119 residential lots. 0 Agenda Report Paae 2 0 February 15, 2005 On October 5, 2004, the Final Map was approved by City Council. The Developer is currently in the process of developing Tract 16221 as a residential project. Certain conditions of approval associated with the developer's project require the developer to design and construct certain circulation improvements, listed below. Developers costs are to be partially reimbursed from other developers in the area, in accordance with actual proration contributions (based on traffic generation) over a period of fifteen years. a. Ortega Highway aa. 1-5 Southbound Ramps: Construct an eastbound right -turn lane on Ortega Highway for traffic movement from Ortega Highway eastbound to 1-5 southbound b. 1-5 Northbound Off-RampoC). Ortega Highway: Construct an additional northbound lane on the 1-5 Off -Ramp and re -stripe to provide two right turn lanes. C. Ortega Highway Ca) Del Obispo Street: Construct an eastbound right -turn lane on Ortega Highway for traffic movements from Ortega eastbound to Del Obispo southbound. d. Ortega Highway Ca) Rancho Vieio Road: Re -stripe northbound approach to provide dual left -turn lane. Therefore, in compliance with City's requirements, the developer proposes to perform the above circulation improvements and be partially reimbursed as outlined in the Construction and Reimbursement Agreement (attachment). COMMISSION/BOARD REVIEW AND RECOMMENDATIONS The Final Map and Subdivision Improvement Agreement associated with this tract were previously approved by City Council. FINANCIAL CONSIDERATIONS Reimbursement under this agreement will be from future developments. • i Agenda Report Page 3 PUBLIC NOTIFICATION William Lyon Homes, Inc.' " Agenda report included By motion: February 15, 2005 3. Approve the Construction and Reimbursement Agreement for off-site circulation improvements, Tract 16221, with William Lyon Homes, Inc. as it conforms to the requirements set forth in the approved Tentative Tract Map conditions and accept the corresponding securities; and, 4. Direct the City Clerk to forward the Agreement to the County Recorder. Respectfully submitted, /-I-- 4�- Nasser Abbaszadeh, P.E. Engineering & Building Director NA/SS:jcr Prepared J)y: Senior Engineer Attachment: 1. Construction and Reimbursement Agreement 0 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only CONSTRUCTION AND REIMBURSEMENT AGREEMENT CIRCULATION IMPROVEMENTS THIS AGREEMENT, dated the day of 2005 is by and between William Lyon Homes, Inc. owner of property known as Rancho Madrina at the east side on Rancho Viejo Road, north of Ortega Highway; more precisely referred to as Tract 16221, hereinafter referred to as "Developer" and the City of San Juan Capistrano, hereinafter referred to as "CITY". WHEREAS, Developer is in the process of developing Tract 16221 as a residential project on his property; and, WHEREAS, CITY has approved and conditioned such development as Tentative Tract 16221 at the City Council of the City of San Juan Capistrano meeting of June 3, 2003 by City Council (CC) Resolution 03-06-03-01; and, WHEREAS, conditions of approval require Developer to design and construct certain circulation improvements to mitigate the impacts caused by Developer's development and be reimbursed in part for those certain improvements; and, WHEREAS, City requires that those certain improvements, as outlined hereafter, be constructed conjointly with Developer's development. NOW, THEREFORE, in consideration of the premises hereinafter set forth, CITY and Developer agree as follows: ATTACHMENT Section 1. Developer shall design and construct, along with the development of Tract16221 and subject to partial reimbursement as outlined herein, the following: Location Improvement Timing of Improvements Fair Share / Reimburse - Estimated ment Improvement Amount Cost a. Ortega Construct an The applicant shall apply 11.49%/ Highway @ 1-5 eastbound right- for Caltrans $191,954 $169,899 Southbound turn lane on Ortega encroachment permit Ramps Highway for traffic within thirty (30) days movement from following approval of any Ortega Highway final map. eastbound to 1-5 southbound. Complete construction of improvements prior to issuance of the seventy- sixth (76`h) building permit. b. 1-5 Construct an The applicant shall apply 14.17%/ Northbound additional for Caltrans $245,796 $210,967 Off -Ramp @ northbound lane on encroachment permit Ortega the 1-5 Off -Ramp within thirty (30) days Highway: and re -stripe to following approval of the provide two right project's final map. turn lanes. Complete construction of improvements prior to issuance of the seventy- sixth (76`h) building permit. c. Ortega Construct an Begin construction of 14.59%/ Highway @ eastbound right- improvements prior to $69,500 $59,360 Del Obispo turn lane on Ortega the issuance of the first Street: Highway for traffic (I") building permit. movements from Complete construction of Ortega eastbound improvements prior to to Del Obispo issuance of the thirty - southbound. eighth (38`h) building permit. Ortega Re -stripe Complete construction of 14.59%/ Highway @ northbound improvements prior to $9,250 $7,900 Rancho Viejo approach to issuance of the thirty- Road: provide dual left- eighth (38`h) building turn lane. permit. The applicant shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed above shall be obtained by the applicant, with City's assistance, at no initial cost to the City. The applicant shall provide performance bonds/securities as well as labor and materials bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer, on standard City form by an Agency approved by the City. Any deferral in the timing of this condition, due to unforeseen delays caused by outside regulatory agencies, shall be subject to review and approval by the City Engineer. Section 2. Desi�ans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Section 3. Reimbursement to Developer. Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the improvements. Developer shall be reimbursed the above stated costs of the total improvement costs over a period of fifteen (15) years from the completion of the last improvement in Section 1 above. Timing of reimbursement payments will be according to actual proration contributions, based on traffic generation, from other developers in the area who develop their properties within the time period specified in Section 4 below. Section 4. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1 above. An extension of five years may be granted by the City upon written request of Developer. Section 5. Time Frame for Repayment to Developer. The City shall cause such other developers to make their pro -rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 6. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Developer agrees to maintain liability insurance in the following amounts: a. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. b. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 7. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 8. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: 11 TO: William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 9. lJ Agreement Runs with the Land. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 10. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. DATE DATE APPROVED AS TO FORM CITY ATTORNEY William Lyon Homes, Inc. a California Corporation 0 Its: CITY OF SAN JUAN CAPISTRANO By: WYATT HART. MAYOR Attest: CITY CLERK 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwvv. so nj no ncap Is Ira no. o rg S MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO OAVInN SWFRDI IN NOTIFICATION OF MEPTOAPWPOTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on Tuesday, February 15, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Execution of a Reimbursement Improvement Agreement for Off-site Circulation Improvements, Tract 16221 (William Lyon Homes, Inc.)" — Item No. D5 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, February 14, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: William Lyon Homes, Inc.`; Sam Shoucair, Senior Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future