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