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.
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