Resolution Number 02-07-02-05RESOLUTION NO. 02-07-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ESTABLISHING A TOLLING PERIOD WITH RESPECT TO
THE PACIFIC POINT DEVELOPMENT AGREEMENT
WHEREAS, the City of San Juan Capistrano approved a development agreement
for the Pacific Point Project with the agreement bearing an effective date of August 6,
1992, and
WHEREAS, the development agreement will expire on August 6, 2002, and
WHEREAS, the project developer (SJD Partners) has formally requested by letter
dated May 13, 2002 that the running of the term of the agreement be tolled based upon
events beyond the control of the developer, and
WHEREAS, the development agreement at section 9.4 provides that the developer
is entitled to extensions of time based upon events causing delay beyond the control of the
developer,
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano that the running of time on the term of the August 6, 2002 development
agreement for the Pacific Point Project be and is hereby tolled for a period of three (3)
years and four (4) months from August 6, 2002. The City Council finds that the developer
pursuant to section 9.4 of the development agreement has provided adequate factual
support to qualify for the extension as further set forth in the May 13, 2002 extension
request. This tolling action is personal to and shall extend only to the developer and its
successors in interest for that real property owned by SJD partners at the time of the
events leading to the cause of the delays upon which the extension request is based.
PASSED, APPROVED, AND ADOPTED this 2nd day of July 2002.
07-02-02
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-07-02-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2nd day
of July 2002, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin and Mayor pro tem Gelff
None
Mayor Bathgate
✓WI nGvl/'
R. MONAHAN, City Clerk
07-02-02