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00-0706_PH - SJ LLC_Improvement & Reimbursement Agreement RECORDED AT THE REQUEST OF AND RETURN TO: Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder City of San Juan Capistrano 11111111111111N11111ON111111111111111111111111111118.00 City Clerk's Department 20000353924 02:36Pm 07106/00 32400 Paseo Adelanto 118 4 Al2 7 San Juan Capistrano, CA 92675 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES - TRACT 15771 THIS REIMBURSEMENT AGREEMENT is made by and between CAPISRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", and PH-SJ, LLC., a California limited Liability Corporation, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to design and construct, at its sole cost and expense of an estimated amount of $119,610, the construction of the water facilities within the Tract boundaries and within the realighnment of Rosenbaum Road hereinafter referred to as "Water improvements"; and, Whereas, because the aforementioned water improvements benefit other surrounding areas, the Developer is therefore entitled to reimbursement for a portion of those cost of improvement; and, Whereas, In accordance with the cost share calculation described in (Exhibit"A"), the Developer agrees to be reimbursed by the District a total of $8,119 for the upsizing cost to construct a 16-inch water main pipeline and appurtenances in the new alignment of Rosenbaum Road to replace an existing 10-inch pipeline in existing Rosenbaum Road; and, Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water improvements as well as a mechanism for crediting the Developer for the reimbursable costs incurred in constructing such improvement; and, Whereas, District requires that the water improvements be constructed conjointly with the development of Tract 15771; and, NOW, THEREFORE, in consideration of the premises hereinafter set forth, District agrees to reimburse Developer an aforesaid sum of $8,119 under the following terms and conditions: Section 1. Reimbursement to Developer: The reimbursement from the District, for the Water Improvement project, totaling $8,119 will be paid to the Developer when said improvements are deemed complete and acceptable Improvement and Reimbursement Agreement Tract 15771(PH-SJ, LLC) Page 2 to the satifaction of 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. Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for the Water Improvements work prior to commencement of work. Said bonds shall be on a standard District form and issued by an Agency approved by the City. Section 3 Liability/Indemnification/Insurance Developer holds City/District and its elected and appointed officials harmless from any claims or liabilities that may arise during the Developer's construction of improvements, including warranty period, described in this Agreement. City/Distrcit holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City/District or any operations and maintenance of the improvements by City. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and cost from the other party. Developer agrees to maintain liability insurance in the following amounts: I. Comorehensive 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. II. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the construction and warranty period of these improvements, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. Improvement and Reimbursement Agreement Tract 15771(PH-SJ, LLC) Page 3 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/District. Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the liability policy required under this Agreement. Section 4. 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 5. 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: TO: PH-SJ, LLC. C/o THE OLSON COMPANY, MANAGING MEMBER 3020 Old Ranch Parkway, Suite 250 Seal Beach, CA 90740 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 6. 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 7. 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. 0 Improvement and Reimbursement Agreement Tract 15771(PH-SJ, LLC) Page 4 PH-SJ, LLC. a California Limit Liabili Corporation (Attach Notary Acknowledgment) By: WBLtCKr-AyND, PRESIDENT DATE S zv 1 00 CAPISTRANO VALLEY WATER DISTRICT By: /441 WYAr HART, CHAIRMAN DATE Attest: APPROVE S TO FORM CLERK OF BOARD DISTRICT COUNSEL STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On May 26, 2000, before me, Sharon Tooman Notary Public, personally appeared Mark Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offici SHARON TOOMAN Comms k 1242275 i Notory P bk-CootmNo Orange County Sharon an LQMyCCMM.BPkMN0V19,2M3r Notary Public State of California (SEAL) OP IJ DATE(MWDD/ ) .4-conn. CERTIFICATE OF LIABILITY INSURANCI�,SONUD1 01/13/03 PRODUCER • THIS CERTIFICATE IS IS�AS A MATTER OF INFORMATION ONLY AND CONFERS N HTS UPON THE CERTIFICATE NHC Insurance Services Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 796 W. 9th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Pedro CA 90731 - I Phone: 310-221-0917 Fax:310-221-0966 INSURERS AFFORDING COVERAGE INSURED PH-SJ, LLC RAC I r A ILLINOIS UNION INSURANCE CO- Olson Urban Housing, LP, --------- -- ---- ---- - Urban Housin LLC, The,O B AMERICAN STATES INSURANCE Company and Riamitos Building -- � ---n--- ----- Attu: eather Hayes C STATE COMPENSATION 3020 OLD RANCH PARKWAY _- — _ --- —_-- - — - — SEAL BEACH CA 90740 E?P JAN 14 P 4 B COTHE POLICIES OF VERAGES tptu�m/� 99{{��} wyr�,�''c��q{. ANY REQUIREMENTS ERM OR CONDITION OOF ANY CONTRACT OR TOIRER OO ENIVJI II+ CORD OH ITMS CERTIFICATE CAITE MAV BECAIED ISSUED OR DING MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIRFD HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SI!CH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE POLICY NUMBER P LICY NFFECTIVE POLI VEX RATION LTR DATE MM/Dp/1'1' DATE MM/DDIY'1' LIMITS— GENERAL LIABILITY EACH OCCURRENCE ($ 1000000 A .{ ( COMMERCIAL GENERAL LIABILITY OGLO53862 10/01/02 10/01/03 FIRE DAMAGE(A"yorefire) +$ 100000 CLAIMS MADE EXIOCCUR i MED EXP(ArTy one person) $10000 PERSONAL&ADV INJURY $ 1000000 GENERALAGGREGATE $2000000 X GEN'LAGGREPOLI, (G'�ATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ 1000000 ' PRO- --"i--' JECT OC AUTOMOBILE LIABILITY —' COMBINED SINGLE LIMIT 13 X ANY AUTO 010E8976462 11/01/02 1 11/01/03 (Eaacaaentl _ $ 1000000— — ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per persoi) �— X HIRED AUTOS r8ODILY iNJUR`, X NON-OWNED AUTOS (Per accitlenq $ —�_ PROPERTVDAMAGE li rPer acciaem) --_I S --_ GARAGE LIABILITY ! AUTO ONLYEA ACCIDENT Is ANY AUTO i.--___--- EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1000000 A X occuR cLAIMSMAD.=_ I�' OGLO53862 10/01/02 10/01/03 nccvEaArP _ -�$ 1000000 -- - --' ;-$_- DEDUCTIBLE _I s RETENTION $ ILb WORKERS COMPENSATION AND FK TORY LIMITSI�_ ERNI_ EMPLOVERS'LIABILITY C 2607523 12/01/02 12/01/031EI.FACHACCIDENT $1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 EL DISEASE-POLICY LIMIT $1000000 OTHER I I DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLES(EXCLUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is named as additional insured per the attached endorseme nt. CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYSA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATK) CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Dawn M. Schanderl, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Deputy City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. AUTHORIZED REPF14.SENITATIVE JESSICA LOPEZ P✓ ACORD 25-S(7197) NAC D P TION 1988 • , Jac* • 32400 PASEO AOEE.ANTO ��i '��`Aq� SAN JUAN CAPISTRANO, CA 92675 MEMBERS I CIL HDIANE L BGTY OATE II(Rb1B11 COLLENE CAMPBELL (949) 493-1171 nunlun 1961 JOHN S_GEUFF (949) 493-1053 (FAX) 1776 MATT HART www.satan is ao.6 j DAVID M.SWERDLN n CITY MANAGER GEORGE SCARBOROUGH The Olson Company PH-SJ LLC 3020 Old Ranch Road #400 Seal Beach, California 90740 ,RE: Compliance with Insurance Requirements: Cbursement Agreement with Capistrano Valley Water District for Water Facilities, Tract 15771 (2) Subdivision Improvement Agreement with the City for Tract 15771 (3) Reimbursement Agreement with the City for Tract 15771 (4) Improvement & Reimbursement Agreement with the City for Tract 15771 ,The following insurance documents have expired: V General Liability Certificate 10/1/2002 3 V General Liability Endorsement naming the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. V Automobile Liability Certificate 11/1/200 ? rs`-Compensation Certificate 12/1t20023 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by January 13, 2003. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn M. Schanderl Deputy City Clerk cc: William Huber, Director of Engineering & Building Sam Shoucair, Senior Engineer Brian Perry, Senior Civil Engineer Craig Harris, Assistant Engineer aluause Kathleen Springer, Management Analyst �s San Juan Capistrano: Preserving the Past to Enhance the Future G Capistrano Talley' `Water `District June 28, 2000 The Olson Company Attention Kim Willauer 3020 Old Ranch Parkway, Suite 250 Seal Beach, California 90740-2751 Re: Improvement and Reimbursement Agreement - Tract 15771 Dear Ms. Willauer: At their meeting of June 6, 2000, the Capistrano Valley Water District Board of Directors approved an Improvement and Reimbursement Agreement for Water Facilities in Tract 15771. A fully-executed copy of the Agreement is enclosed for your files. A copy has been forwarded to the Orange County Recorder's Office. Please feel free to contact Craig Harris at 949-487-4305 if you have any questions. Very truly yours, Cheryl Joh o Clerk of the Board Enclosure cc: ARS Civil Engineering Engineering and Building Director (with enclosure) Craig Harris (with enclosure) P.O. Box %7, San Juan Capistrano, California 92693 ° Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 AGENDA ITEM June 6, 2000 TO: George Scarborough, General Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Improvement and Reimbursement Agreement for Water Facilities, Tract 15771, (Olson Development! PH-SJ, LLC). RECOMMENDATION By Motion: 1. Approve the Improvement and Reimbursement Agreement for Water Facilities - Tract 15771. 2. Authorize the Chairman and Clerk of the Board to execute the Improvement and Reimbursement Agreement on behalf of the District. SITUATION A. Summary and Recommendation Olson Development, the current owner/developer, has acquired the approval of the City and District to subdivide a 3.933-acre site into twenty-five single-family residential lots. There are certain offsite water improvements associated with this development due to the proposed realignment of Rosenbaum Road. The offsite water improvements include the relocation of an existing water main pipeline into the proposed realigned Rosenbaum Road. The Developer will pay for such relocation. In addition to the relocation, the District needs to upsize the same water line in order to improve its service in the entire neighborhood. The Developer wishes to enter into an "Improvement and Reimbursement Agreement for Water Facilities —Tract 15771" for the construction cost of upsizing the offsite water facilities. Staff recommends the approval of the Improvement and Reimbursement Agreement for Water Facilities—Tract 15771. B. Background The Developer has agreed to construct and upsize certain offsite water improvements in conjunction with the subject development in order to minimize construction activities along the project frontage. FOR CITY COUNCIL AGEN ���JJJ • • AGENDA ITEM -2- June 6, 2000 The upsizing of the water main pipeline will benefit the surrounding area and will provide additional water capacity for future development. In accordance with the adopted "Water Master Plan", this water pipeline is also scheduled for upsizing in order to meet the projected water demands at ultimate development build out in this area. It is advantageous and cost effective to the District to go ahead with the water pipeline upsizing now while the Developer is reconstructing the proposed infrastructure along the newly aligned section of Rosenbaum Road. The City approved the Final Map and Subdivision Improvement Agreement for Tract 15771 on April 18, 2000. The District accepted the water rights and easements on April 4, 2000. COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS The District will reimburse the Developer, an amount of$8,119 for the cost of upsizing the water pipeline, when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer. The reimbursement cost for this project has been included in the Capital Improvement Projects budget for fiscal year 2000-01. NOTIFICATION Kim Willauer, Olson Development Alan Short, ARS Civil Engineering ALTERNATE ACTIONS By motion: 1. Approve the Improvement and Reimbursement Agreement for Water Facilities— Tract 15771. 2. Do not approve the Improvement and Reimbursement Agreement. 3. Refer to Staff for additional information. P:\ENG\DVLP\TRCT\15771\IMPREBRS.DOC AGENDA ITEM -3- June 6 2000 RECOMMENDATION By Motion: 1. Approve the Improvement and Reimbursement Agreement for Water Facilities - Tract 15771. 2. Authorize the Chair and Clerk of the Board to execute the Improvement and Reimbursement Agreement on behalf of the District. Respectfully Submitted: Prepared By: William M. Huber, P.E. Craig L. Harris Director of Engineering & Building Assistant Engineer WMH/CLH:ch Attachments: 1. Improvement and Reimbursement Agreement for Water Facilities — Tract 15771 2. Location Map P:\ENG\DVLP\TRCTN 5771\IMPREBRS.DOC Improvement and Reimbursement Agreement Tract 15771(PH-SJ, LLC) Page 5 EXHIBIT A PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT FROM DISTRICT Construction of 506 linear feet of 16-inch water main pipeline and appurtenances within the proposed realignment of Rosenbaum Road. SUMMARY OF REIMBURSABLE COST IMPROVEMENTS SUBJECT TO REIMBURSEMENT .ESTIMATED AMOUNT Upsize Existing 10-inch Water Main to 16-inch $7,060.00 Subtotal $7,060.00 Engineering (15%) $1,059.00 TOTAL $8,119.00 11 The surety bonds shall be posted with the City upon the earlier of issuance of Encroachment/Construction Permit for said improvements or Final Map Approval for Tract 15771. • w gy,�• }L �4j1 •r,. [ ` _ I '•••-�`�. .�, `�`./C �- �n •fir i'• II III II ^ � ,_ 11I1111I1111111� ll��!!l11110/10.1 IIII. /11Y9 p1p11 Y1 ;; g ,1l/�111111 ,� 11 A�Y b.. Il ! ` • Ak .60 YSE Wd N a t" f , w —'—•---•`�•` rO .` 1 fty 11 AVE 11 I .rI/`fie O