CAPISTRANO VALLEY WATER DIST (3)a a
AMENDMENT TO COOPERATION AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO
THIS AMENDMENT to the Cooperation Agreement is made and entered into this 19th day of May,
1992, by and between CAPISTRANO VALLEY WATER DISTRICT hereinafter referred to as the "DISTRICT,"
and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as the "AGENCY."
WITNESSETH:
WHEREAS, District and Agency entered into a Cooperation Agreement dated March 5, 1985; and
WHEREAS, in Section VI of the Cooperation Agreement, it is stated that the interest rate to be
charged to the Agency for its indebtedness to the District is twelve percent (12%) per annum or the
maximum rate allowed by law, whichever is less; and
WHEREAS, due to changes in economic conditions, the twelve percent (12%) per annum interest
rate now being charged on the Agency's indebtedness to the District, is no longer appropriate.
NOW, THEREFORE, the District and the Agency agree that the Cooperation Agreement dated March
5, 1985, shall be amended as follows:
Section VI is hereby amended to read:
The obligation of Agency under this Agreement shall constitute an indebtedness
of Agency within the meaning of California Community Redevelopment Law Sections
33670, at seq., to be paid to the District by Agency with interest at a rate adjusted at the
end of each calendar year applicable for the next calendar year based on the December
interest rates paid to the District through the Local Agency Investment Fund (LAIF), or the
maximum rate allowed by law, whichever is less. This amendment shall be effective April
1, 1992 based upon the LAIF interest rates earned in December 1991. Annual payment
of interest shall commence no later than July 1, 1994, providing debt service funds are
available in excess of that needed to service existing debt.
2. All other provisions, terms, and conditions of the subject Cooperation Agreement
shall remain unchanged and in full force and effect.
lb i
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Cooperation Agreement to be
executed the day and year first above written.
r
"DISTRICT" _
CAPISTRANO VAL Y, rATER DISTRICT
CHAIRMAN OF THE BOARD
"AGENCY"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY SAN JUAN
API AND
CHAIRMAN
AP` OVE? T F !/
Agency Attorney - - REDEVAMN.
RECEIVED COOPERATION AGREEMENT
BY A
AND BETWEEN THE CAPISTRANO VALLEY
MAR 27 iI 37 POUR DISTRICT AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JUAN CAPISTRANO
CITY CLERK
CEPAFJMFNT
��ll�h/C�iTY'" ".'.N
TEllS COOPERATION AGREEMENT is entered into this 5-6 day of
%i%cutic� , 1985, by and between the CAPISTRANO VALLEY WATER
DISTRICT (the "District") and the R$DEVELOPMENT AGENCY OF THE CITY OF SAN
JUAN CAPISTRANO (the "Agency").
RECITALS
A. The City of San Juan Capistrano (the "City") has previously activated the
Agency upon completion of appropriate legal proceedings therefor. The Agency is
proceeding to implement the Redevelopment Plan for the Downtown Center
Redevelopment Project (the "Project").
B. The City and the Agency have undertaken proceedings to amend the Project
Area for the Project to, among other things, add that real property described as
Tentative Tract Map 12276, City date-stamped September 12, 1984, (the "Site"), which
amendment, together with this Agreement, will promote development of the Site.
C. It is anticipated that the development of the Site will increase the tax base
of the District, thereby reducing the tax burden upon property owners within the District
whose properties are taxed to retire the bonded indebtedness of the District.
AGREEMENTS
CRf"rinm I
The District agrees that, contingent upon execution of an agreement by Agency
and the developer of the Site providing for assumption by Agency of the obligation to pay
District fees required by development of the Site, the District shall defer receipt of its
fees for the Site development as set forth in Section II of this Agreement.
SECTION H
G
The District has reviewed its financial obligations resulting from the development
of the Site, and has determined that District fees required to meet the immediate
obligations of the District resulting from the development of the Site, in the amount of
$93,575.00, shall not be deferred. Fees not required to meet such immediate obligations
of the District, in the amount of $413,491.75, shall be deferred by the District pursuant
to Section III of this Agreement.
SECTION III
The District agrees to defer receipt of those Site fees not required to meet the
immediate obligations of the District as provided by Section II of this Agreement until
such time as the Agency reasonably determines that it has the sufficient funds to repay
in whole or in part such indebtedness to the District. The District agrees that, upon
request therefor by the Agency, it shall subordinate the deferred fees referred to in
Section II to all other indebtedness heretofore or hereafter incurred by the Agency.
SECTION IV
The District will keep records of fees deferred pursuant to this Agreement and
costs thereof in order that an accurate record of Agency's liability to the District can be
ascertained. The District shall, not later than August 1st of each year, submit to Agency
a statement of amounts due to the District pursuant to this Agreement.
curmrnx v
Agency agrees to reimburse the District for amounts due pursuant to this
Agreement from and to the extent that funds are available to Agency for such purpose
pursuant to California Health and Safety Code Seciton 33670 or from other sources;
provided, however that Agency shall have the sole and exclusive right to pledge any such
sources of funds to the repayment of other indebtedness incurred by Agency in carrying
out the redevelopment project. The costs and deferrals of the District under this
Agreement will be shown on statements submitted to Agency pursuant to Section IV
above.
- 2 -
SECTION VI
The obligations of Agency under this Agreement shall constitute an indebtedness of
Agency within the meaning of California Community Redevelopment Law Sections
33670, et seq., to be paid to the District by Agency with interest at twelve percent (12%)
per annum or the maximum rate allowed by law, whichever is less. Annual payment of
interest shall commence not later than January 1, 1990, consistent with Agency's
financial ability to make such payments.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
ATTEST:
i
Clerk
E. Phillip Hale
ATTEST:
creta
Mary Ann anover
CAPISTRANO VALLEY WATER DISTRICT
4:rman
Gary L. Hausdorfer
REDEVELOMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO
By:
-3-
APPROVED AS TO FORM:
Tom- Clark,—Ager/ y Counsel
Linda Lambell
&C -ORD. CERTIFICA*OF LIABILITY INSURA E
GATE(
6j30/2000000 YY)
PRODUCER (714) 429-5500
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
D.L.D. Insurance Brokers, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
695 Town Center Drive
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Suite 700
Costa Mesa CA 92626-
INSURED William Lyon Property Management
INSURERAI National Surety Corporation
Company
INSURERS Firemans Fund Ins. Co.
4901 Birch StreetINSURERc
NSURER D
COMMERCIAL GENERAL LIABILITY
Newport Beach CA 92660
INSURER
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRTYPE
OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
GENERAL LIABILRY
EACH OCCURRENCE $ 1,000,000
A
COMMERCIAL GENERAL LIABILITY
DXX80763124
7/1/2000
7/1/2001
FIRE DAMAGE (Any one fire) $ 1,000,000
CLAIMS MADE OCCUR
MED EXP (Any one person) $ 10,000
PERSONAL B ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 2,000,000
17 POLICY PROJFr,T X LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident) $
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person) $
BODILY INJURY
HIRED AUTOS
NON -OWNED AUTOS
(Per accident) $
PROPERTY DAMAGE $
(Peraccidenp
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACG $
ANY AUTO
AUrO ONLY AGO $
EXCESS LIABILITY
EACH OCCURRENCE $ 5,000,000
B
X] OCCUR CLAIMS MADE
XYZ00075083543
7/1/2000
7/1/2001
AGGREGATE s 5,000,000
$
X DEDUCTIBLE
RETENTION $0
$
WORKERS COMPENSATION AND
WC STATU- OTH-
T T
EMPLOYERS' LIABILRY
-
E EACH ACCIDENT $
E. L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMITSMr
OTHER
r—
C G
CD
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS '^
1rn �' O
r3.ty
Named Insured: WLBD (San Juan Capistrano) Associates, a California limited partnership, RE: Capistrano Pointe Apartments, 26451 Camino �E CIiSI`a, San ZIfn Capistrano, CA,
See Attached Additional Insured Form CG20261185.
O
City of San Juan Capistrano thereof,the issuingcompany willendeavorto all 30 days written notice to the certif
holder named to the left. But failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representatives.
32400 Paseo Adelanto
San Juan Capistrano CA 92675-
ACORO 25-S (7/97)
1988
9 0
POLICY NUMBER DXX80763124 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
DESIGNATED PERSON or ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Location: Capistrano Pointe Apartments
26451 Camino De Vista
San Juan Capistrano, CA
(If no entry appears above, information required to complete this endorsement will
be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section ll) is amended to include as an insured person or
organization shown in the Schedule, but only with respect to liability arising out of
your operations or premises owned by or rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the
terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least len (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
ACORD 75-S (1/98)
--� 2. RESTATEMENT OF INTEREST RATE ON NOTE BETWEEN AGENCY AND
Written Communication:
Report dated May 19, 1992, from the Finance Officer, recom-
mending that the Cooperation Agreement with the Capistrano
Valley Water District be amended to set the interest rate at
whatever rate is earned on Community Redevelopment Agency
funds on deposit in the State of California Local Agency
Investment Fund (L.A.I.F.). The Agreement was entered into
in 1985 to defer receipt of fees for the William Lyon project
from the Agency to assist the Agency in implementing the plan
for the Historic Town Center.
It was moved by Director Hausdorfer, seconded by Director
Jones, and unanimously carried that the Amendment to the
Capistrano Valley Water District Cooperation Agreement be
approved deferring the receipt of fees by the Water District
and setting the interest rate at whatever rate is earned on
Community Redevelopment Agency funds on deposit in the State
of California Local Agency Investment Fund (L.A.I.F.). The
rate will be adjusted on January 1 of each calendar year, and
that rate shall be applicable for the next 12 -month period.
CLOSED SESSION
None.
There being no further business before the Board, the meeting was
adjourned at 8:11 p.m. to the next regular meeting date of
Tuesday, June 2, 1992, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, AGENCY SECRETARY
ATTEST:
KENNETH E. FRIESS, CHAIRMAN
-2-
5/19/92
0 0
AGENDA ITEM:
TO: Stephen B. Julian, Executive Director
FROM: David P. Bentz, Finance Officer
May 19, 1992
SUBJECT: Amendment to Capistrano Valley Water District Cooperation Agreement
------------------------------------------------------------------------------
------------------------------------------------------------------------------
RECOMMENDATION:
Approve the amendment setting the interest rate at whatever rate is earned on
Redevelopment Agency funds on deposit in the State of California Local Agency
Investment Fund (L.A.I.F.). The rate is adjusted on January 1 of each calendar year and
that rate shall be applicable for the next twelve month period.
SITUATION:
In March 1985, the Water District and the Redevelopment Agency entered into a
Cooperation Agreement (copy attached) to defer receipt of fees for the William Lyon
project from the Agency to assist the Agency in implementing the Redevelopment Plan
for the Downtown Center Redevelopment Project.
COMMISSION/BOARD REVIEW RECOMMENDATION:
This item is scheduled for approval by the Board of Directors of the Capistrano Valley
Water District on May 19, 1992.
FINANCIAL CONSIDERATIONS:
The current interest rate on the agreement is 12% and is excessive in light of the current
interest rates ranging from a low of 4% to a high of 5%. The estimated savings to the
Agency over a twelve month period is approximately $38,500. The interest rate that will
be applicable to the agreement, if this amendment is approved, is 6.318% for the
calendar year 1992.
NOTIFICATION:
Capistrano Valley Water District
ALTERNATE ACTIONS:
1. Refer to staff for further information.
2. Do not approve
FOR CRY COUNCIL AGEND� 7
7
0
0
AGENDA ITEM -2- May 19, 1992
RECOMMENDATION:
By motion, approve the amendment setting the interest rate at whatever rate is earned
on Redevelopment Agency funds on deposit in the State of California Local Agency
Investment Fund (L.A.I.F.). The rate is adjusted on January 1 of each calendar year and
that rate shall be applicable for the next twelve month period.
Respectfully submitted,
VDa �
DPB:ja
RECEIVED COOPERATION AGREEMENT
BY A
AND BETWEEN THE CAPISTRANO VALLEY
MAR 27 ') 3AGBRDISTRICT OF THECITY OF SAN JUAN CAPISTRANO
CITY CLLR✓.
C`.FAFk °4T
Ti6'COOPERATION AGREEMENT is entered into this ,Sib day of
?)l,i1-CiL , 1985, by and between the CAPISTRANO VALLEY WATER
DISTRICT (the "District") and the REDEVELOPMENT AGENCY OF THE CITY OF SAN
JUAN CAPISTRANO (the "Agency").
RECITALS
A. The City of San Juan Capistrano (the "City") has previously activated the
Agency upon completion of appropriate legal proceedings therefor. The Agency is
proceeding to implement the Redevelopment Plan for the Downtown Center
Redevelopment Project (the "Project").
B. The City and the Agency have undertaken proceedings to amend the Project
Area for the Project to, among other things, add that real property described as
Tentative Tract Map 12276, City date-stamped September 12, 1984, (the "Site"), which
amendment, together with this Agreement, will promote development of the Site.
C. It is anticipated that the development of the Site will increase the tax base
of the District, thereby reducing the tax burden upon property owners within the District
whose properties are taxed to retire the bonded indebtedness of the District.
SECTION I
The District agrees that, contingent upon execution of an agreement by Agency
and the developer of the Site providing for assumption by Agency of the obligation to pay
District fees required by development of the Site, the District shall defer receipt of its
fees for the Site development as set forth in Section II of this Agreement.
SECTION II
The District has reviewed its financial obligations resulting from the development
of the Site, and has determined that District fees required to meet the immediate
obligations of the District resulting from the development of the Site, in the amount of
$93,575.00, shall not be deferred. Fees not required to meet such immediate obligations
of the District, in the amount of $413,491.75, shall be deferred by the District pursuant
to Section III of this Agreement.
The District agrees to defer receipt of those Site fees not required to meet the
immediate obligations of the District as provided by Section II of this Agreement until
such time as the Agency reasonably determines that it has the sufficient funds to repay
in whole or in part such indebtedness to the District. The District agrees that, upon
request therefor by the Agency, it shall subordinate the deferred fees referred to in
Section II to all other indebtedness heretofore or hereafter incurred by the Agency.
SECTION IV
The District will keep records of fees deferred pursuant to this Agreement and
costs thereof in order that an accurate record of Agency's liability to the District can be
ascertained. The District shall, not later than August 1st of each year, submit to Agency
a statement of amounts due to the District pursuant to this Agreement.
SECTION V
Agency agrees to reimburse the District for amounts due pursuant to this
Agreement from and to the extent that funds are available to Agency for such purpose
pursuant to California Health and Safety Code Seciton 33670 or from other sources;
provided, however that Agency shall have the sole and exclusive right to pledge any such
sources of funds to the repayment of other indebtedness incurred by Agency in carrying
out the redevelopment project. The costs and deferrals of the District under this
Agreement will be shown on statements submitted to Agency pursuant to Section IV
above.
-2-
• SECTION VI
The obligations of Agency under this Agreement shall constitute an indebtedness of
Agency within the meaning of California Community Redevelopment Law Sections
33670, et seq., to be paid to the District by Agency with interest at twelve percent (12%)
per annum or the maximum rate allowed by law, whichever is less. Annual payment of
interest shall commence not later than January 1, 1990, consistent with Agency's
financial ability to make such payments.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
ATTEST:
Clerk V
L. Phillip Hale
CAPISTRANO VALLEY WATER DISTRICT
firman
Gary L. Hausdorfer
REDEVELOMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO
L-9
I
ATTEST: APPROVED AS TO FORM:
--y Agency rear i Yom Clark, g y Counsel
Mary Ann anover
-3-
q3
Written Communications:
(1) Report dated March 5, 1985, advising that slight
changes were expected in the agreement with the Water
District, and forwarding copies of the reports
submitted"February 19, 1985.
(2) Revised "Cooperation Agreement by and Between the
Capistrano Valley Water District and the Redevelopment
Agency" advising that District fees required to meet
the immediate obligations of the District resulting
from the development of Tract 12276, in the amount of
$93,575, shall not be deferred. Fees not required to
meet such immediate obligations of the District, in the
amount of $413,491.75, shall be deferred until such
time as the Community Redevelopment Agency determines
it has sufficient funds to repay in whole or in part
such indebtedness.
It was moved by Director Hausdorfer, seconded by Director
Bland and unanimously carried to approve the Participation
Agreement between the Redevelopment Agency and WLBD (San
Juan Capistrano) Associates. The Chairman and Secretary
were authorized to execute the Agreement on behalf of the
Agency.
Adoption of Resolution Approving Cooperation Agreement with
City of San Juan Capistrano:
It was moved by Director Hausdorfer, seconded by Director
Bland that the following Resolution be adopted:
NO. CRA
AUREEMENT WITH CITY - A "bULUTIUN UP' THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING A
COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE CITY
OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Directors Friess, Bland, Hausdorfer,
Buchheim, and Chairman Schwartze
NOES: None
ABSENT: None
The Resolution authorized the Chairman to execute the
agreement on behalf of the Agency.
Adoption of Resolution Approving Agreement with Capistrano
Valley Water District:
Citing a conflict of interest, Director Buchheim advised he
would abstain from action on this item. It was moved by
Director Hausdorfer, seconded by Director Friess that the
following Resolution be adopted:
R
El
6
A
REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT
BETWEEN THE AGENCY AND THE CAPISTRANO VALLEY WATER
DISTRICT
The motion carried by the following vote:
AYES: Directors Friess, Bland, Hausdorfer,
and Chairman Schwartze
NOES: None
ABSTAIN: Director Buchheim
ABSENT: None
The Resolution authorized the Chairman to execute the
agreement on behalf of the Agency.
Director Buchheim returned to the dais and resumed his duties.
San Juan Capistrano
Community
Redevelopment
Agency
a
' March 8, 1985
Capistrano Valley Water District
31241 Andres Pico Road
P. 0. Box 967
San Juan Capistrano, California 92693
Re: Resolution No. CRA 85-3-5-2
Cooperation Agreement
Gentlemen:
The Community Redevelopment Agency of the City of San
Juan Capistrano at its regular meeting held March 5, 1985,
adopted Resolution No. CRA 85-3-5-2 approving a Cooperation
Agreement between the Community Redevelopment Agency and
Capistrano Valley Water District.
Enclosed is a fully executed copy of the Cooperation
Agreement and a copy of Resolution No. CRA 85-3-5-2 for your
records.
Thank you for your cooperation. If you have any
questions, please don't hesitate to call.
Very truly yours,
MARY ANN HANOVER, CMC
Agency Secretary
MAH/mac
Enclosures
cc: Executive Director
Deputy Director
Director of Administrative
Services
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
3
0
San Juan Capistrano
Community
Redevelopment
Agency
March 8, 1985
Tom Clark
Stradling, Yocca, Carlson & Rauth
P. 0.. Box 7680
Newport Beach, California 92660-0680
a
Re: Community Redevelopment Agency Agreements
Dear Mr. Clark:
Enclosed are several agreements which require your
signature as Agency Counsel of the Community Redevelopment
Agency. A yellow clip is attached on those pages requiring your
signature. After signing, please remove the yellow clips and
forward as follows:
32400 Paseo Adelanto
San Juan Capistrano
California 92675
114-493-11-11
(1) Two copies of the Cooperation Agreement between
the City of San Juan Capistrano and the Community
Redevelopment Agency. Please sign each copy and
return them both to this office in the enclosed
envelope.
(2) Two copies of the Cooperation Agreement between
the Capistrano Valley Water District and the
Community Redevelopment Agency. One copy is
to be returned to this office after you sign and
is attached to our return envelope. The second
copy is to be forwarded to the Capistrano Valley
Water District and is enclosed with a cover letter
and envelope to them. After signing this copy,
please forward it to the Water District.
1 41.
6
Tom Clark, Agency Counsel -2- March 8, 1985
(3) Two copies of the Participation Agreement between
the Agency and WLBD (San Juan Capistrano)
Associates. Please forward both copies to the
William Lyon Company with the enclosed cover
letter and envelope.
Thank you .for your cooperation. If you have any
questions, please don't hesitate to call my office and speak with
my Deputy, Mary Carlson.
Very truly yours,
gay aivxX�
MARY ANN HANOVER, CMC
Agency Secretary
MAH/mac
Enclosures
cc: Agency Director
Deputy Director
Director of Administrative
Services
0 •
TO: Stephen B. Julian, Agency Director
Tom Merrell, Deputy Director
Bob Boone, Director of Administrative Services
FROM: Mary Ann Hanover, Agency Secretary
DATE: March 8, 1985
SUBJECT:
Attached are copies of letters to Tom Clark, the Capistrano
Valley Water District, and the William Lyon Company. When all
copies of the agreements are returned to this office, copies of
the Resolutions and fully executed Agreements will be forwarded
to you.
MARY ANN HANOVER
MAH/mac
Attachments
RESOLUTION NO. CRA 85-3-5-2
APPROVING COOPERATION AGREEMENT WITH
CAPISTRANO VALLEY WATER DISTRICT
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
A COOPERATION AGREEMENT BETWEEN THE
AGENCY AND THE„CFISTRANO VALLEY WATER
DISTRICT
WHEREAS, the Community Redevelopment Agency of the City
of San Juan Capistrano (the "Agency") is authorized to carry out
redevelopment activities pursuant to the Downtown Center
Redevelopment Project (the "Project"); and,
WHEREAS, the Agency purposes to enter into an agreement
with WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California limited
partnership (the "Participation Agreement") which provides for
the development of certain housing resources in furtherance of
the Redevelopment Plan for the Project; and,
WHEREAS, the Capistrano Valley Water District (the
"District") is agreeable to deferring its receipt of fees to
facilitate the implementation of the Project; and,
WHEREAS, provisions for the payment by the Agency of
those fees deferred by the District are set forth in the
Cooperation Agreement by and between the Community Redevelopment
Agency of the City of San Juan Capistrano and the Capistrano
Valley Water District (the "District Agreement"), which is
attached hereto, marked Exhibit "A," and is incorporated herein
by reference.
NOW, THEREFORE, the Community Redevelopment Agency of
the City of San Juan Capistrano does hereby resolve as follows:
SECTION 1.
The District Agreement is approved. The Chairman is
hereby authorized and directed to execute the District Agreement
substantially in the form attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this
March 1 1985.
ATTEST:
ia ,
5th day of
-1-
r 0
2.
0
These items were continued from the meeting of February 19,
1985.
CRA
31s��
• 0
COMMUNITY REDEVELOPMENT AGENCY
AGENDA ITEM March 5, 1985
TO: Stephen B. Julian, Executive Director
FROM: Pamela Gibson, Senior Administrative Assistant
SUBJECT: Resolutions / Agreements - Payment of Development Fees
SITUATION:
The resolutions and agreements pertaining to this item were provided
as supplements to Council packets at the last meeting. Slight changes
are expected in the agreement between the Community Redevelopment Agency
and the Capistrano Valley Water District. There also may be a change
in the Participation Agreement between the CRA and WLBD (San Juan
Capistrano) Associates. These changes will be submitted prior to the
meeting.
Respectfully submitted,
Pamela Gibson
PHG:cj
Copies of the Participation Agreement are available in the
City Clerk's Department.
CIQA
B.�q,b,c
Sao Juan Capistrano
Co nmunits
Redeeelupment
Agcnc�
February 21, 1985
Mr. John Markley
William Lyon Company
P. O. Box 7520
Newport Beach, California 92660
Re: Payment of Development Fees
Dear Mr. Markley:
The Community Redevelopment Agency of the City of San
Juan Capistrano at its regular meeting held February 19, 1985,
continued action on the following items to the meeting of
March 5, 1985:
a. Participation Agreement between the Community
Redevelopment Agency and WLBD (San Juan
Capistrano) Associates
b. Resolution approving an Agreement between the
Community Redevelopment Agency and the City of San
Juan Capistrano
C. Resolution approving an Agreement between the
Community Redevelopment Agency and Capkatrane
Valley Water District
The City Council at its meeting held the same evening
continued action on the Resolution regarding Deferral of Receipt
of Fees (WLBD Associates) and the Agreement with the Community
Redevelopment Agency to the meeting of March 5, 1985.
Copies of the agendas and staff reports will be
forwarded to you prior to the March 5, 1985, meetings.
32400 Pax -o Adelanto
San Juan Capistrano
California 92675
719-993-1171
J William Lyon Comp -2- •ebruary 21, 1985
If you have any questions, please don't hesitate to
call.
Very truly yours,
�`Zv elw n
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
cc: City Manager
Capistrano Valley Water District
4. RES.QLU "W APPROVING AGREEMENT BETWEEN THE AGENCY AND TH,
Written Communications:
(1) Report dated February 19, 1985, from the Executive
Director, forwarding a Cooperation Agreement between
the Agency and the Capistrano Valley Water District,
providing for the Agency to receive all fees normally
paid to the District in conjunction with the WLBD (San
Juan Capistrano) Associates project, and guaranteeing
that the fees will be paid to the District as needed.
Interest in the amount of 128 will be paid to the
District. The amount of funds which will be paid to
the Agency totals $430,891.75, and include: water
storage fee, $14,611.75; capital improvement fee,
$398,880; and, plan check fee, $17,400.
(2) Memorandum dated February 19, 1985, from the Executive
Director, requesting this item be continued to the
meeting of March 5, 1985.
Continuance of Item:
It was moved by Director Hausdorfer, seconded by Director
Buchheim, and unanimously carried to continue this item to
the meeting of March 5, 1985.
AGENDA ITEM February 19, 1985
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Resolution Approving an Agreement Between the Community Redevelopment
Agency and the Capistrano Valley Water District
SITUATION:
The Cooperation Agreement between the Community Redevelopment Agency and the
Capistrano Valley Water District is attached for your review. The agreement
provides for the Agency to receive all fees normally paid to the Water District,
but guarantees that the fees will be paid to the District as needed. The
Executive Director of the Community Redevelopment Agency and the General
Manager of the Water District will meet to discuss the District's immediate
requirements and these funds will not be retained. Funds paid to the District
will include interest at 12 percent.
FINANCIAL CONSIDERATIONS:
The amount of funds which will be paid to the Community Redevelopment Agency
total $430,891.75 and include:
water storage fee - $ 14,611.75
capital improvement fee - $398,880.00
plan check fee - $ 17,400.00
COMMISSION/BOARD REVIEW AND RECOMMENDATION:
Not applicable.
ALTERNATIVE ACTION:
1. Adopt the resolution approving an agreement between the Community Redevelopment
Agency and the Capistrano Valley Water District and authorize those parties so
designated to execute it on behalf of the Agency.
2. Request further information.
RECOMMENDATION:
Adopt the resolution approving an agreement between the Community Redevelopment
Agency and the Capistrano Valley Water District and authorize those parties so
designated to execute it on behalf of the Agency.
Respectfully Submitted, C R
Stephen B. Julian
Executive Director
0 0
COMMUNITY REDEVELOPMENT AGENCY
AGENDA ITEM February 19, 1985
TO: Stephen B. Julian, Executive Director
FROM: Pamela Gibson, Senior Administrative Assistant
SUBJECT: Resolution Agreements and Payment of Development Fees
SITUATION:
The agreements for payment of development fees between the Community
Redevelopment Agency and the William Lyon Company, the Community Redevelop-
ment Agency and the City of San Juan Capistrano, and the Community
Redevelopment Agency and the C,agsno Valley Water District will be
available prior to meeting.
Respectfully submitted,
Pamela Gibson
PHG:fwm
CPA
8A4,b,(2�
tiau Juan (:apisliano
Com muni n
Redratlopmtlit
1pency
MEMORANDUM
TO: Interested Persons
FROM: Mary Ann Hanover, Agency Secretary
DATE: February 7, 1985
SUBJECT: Agreements for Payment of Development Fees
The Community Redevelopment Agency of the City of San Juan
Capistrano at its regular meeting held February 5, 1985,
continued action on the Agreements for Payment of Development
Fees for the following to February 19, 1985:
(1) Community Redevelopment Agency/William Lyon
Company, Tract 12276
(2) Community Redevelopment Agency/City of San Juan
Capistrano
(3) C,o unity Redevelopment Agency/Capistrano Valley
fr District
The City Council of the City of San Juan Capistrano at its
regular meeting held February 5, 1985, continued action on the
following item to February 19, 1985:
(1) Agreement with the Community Redevelopment Agency
regarding Development Fees (William Lyon Company)
32 100 Pa,(,) -Welamo
',an Juan (:episuano
Cdilomia 9°655
711- 19:3-1171
0 0
Development Fees -2- February 7, 1985
Copies of the agenda and staff reports will be forwarded to you
prior to that meeting.
If you have any questions, please don't hesitate to call.
MARY ANN 44ANOVER
MAH/mac
cc: City Manager
William Lyon Company
Capistrano Valley Water District
0
2. AGREEMENTS FOR PAYMENT OF DEVELOPMENT FEES (14o6,17
Written Communications:
Report datea February 5, 1985, from the Senior
Administrative Assistant, advising that information required
for preparation of agreements with the William Lyon Company,
Tract 12276; the City of San Juan Capistrano; and, the
Capistrano Valley Water District, had been delayed.
Continuation of Item:
It was moved by Director Hausdorfer, seconded by Director
Ruchheim, and unanimously carried to continue consideration
of the agreements to the meeting of February 19, 1985.
• 0
COMMUNITY REDEVELOPMENT AGENCY
AGENDA ITEM February 5, 1985
TO: Stephen B. Julian, Executive Director
FROM: Pamela Gibson, Senior Administrative Assistant
SUBJECT: Agreements for Payment of Development Fees (Wm. Lyon Company)
SITUATION:
Information required for the preparation of the following agreements has
been delayed:
a.
Community
Redevelopment
Agency
/ Wm.
Lyon Co., Tract 12276
b.
Community
Redevelopment
Agency
/ City
of San Juan Capistrano
C. Community Redevelopment Agency / Capistrano Valley Water District
All of these agreements can be agendized for the next meeting.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
None
FINANCIAL CONSIDERATIONS:
None
ALTERNATE ACTIONS:
1. Hold the items over until the next meeting.
2. Request further information.
RECOMMENDATION:
By motion, hold the above items over until the meeting of February 19, 1985.
Respectfully submitted,
Pamela Gibson �l
PHG:cj
CRA
13'), aI6IC-
•
0
COMMUNITY REDEVELOPMENT AGENCY
AGENDA ITEM February 5, 1985
TO: Stephen B. Julian, Executive Director
FROM: Pamela Gibson, Senior Administrative Assistant
SUBJECT: Agreement for Payment of Development Fees
SITUATION:
The agreements for payment of development fees between the Community
Redevelopment Agency and the William Lyon Company, the Community Redevelop-
ment Agency and the City of San Juan Capistrano, and the Community
Redevelopment Agency and the Capistrano Valley Water District will be
distributed prior to the meeting.
Respectfully submitted,
�4�f
Pamela Gibson
PHG:cj
Ge v '
F3 D,