Resolution Number 96-4-16-2420
RESOLUTION NO. 96-4-16-2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE PARTIAL ASSIGNMENT OF
IMPROVEMENTS AND SURETY SUBSTITUTION, THE AMENDMENT OF
THE SUBDIVISION IMPROVEMENT AGREEMENT, AND THE EXCLUSION
OF TOYOTA MOTOR SALES USA, INC., FROM CONDITIONS, COVENANTS
AND RESTRICTIONS IMPLEMENTATION REQUIRED FOR TENTATIVE
PARCEL MAP 85-306 (KI/FKLA RANCHO REALTY, LLC/KEMPER/TOYOTA
MOTOR SALES USA)
WHEREAS, on July 7, 1986, the City of San Juan Capistrano entered into a
Subdivision Improvement Agreement with the applicant, previously known as Kaiser Development
Company, then Bedford Development Company, and now KI/FKLA Rancho Realty, LLC (Kemper)
for the construction of certain public and private improvements within a two-year period associated
with Parcel Map 85-306; and,
WHEREAS, on May 2, 1989, said Subdivision Agreement was amended to extend
' the completion date of said improvements to July 7, 1990; and,
WHEREAS, due to downturn of the economy, the subject property has remained
undeveloped and all related improvements had to be postponed and consequently, Kemper and
Toyota have requested an amendment to the Subdivision Improvement Agreement to complete all
required improvements prior to occupancy of their respective portions; and,
WHEREAS, Kemper is selling a portion of the parcel to Toyota for the development
of a motor vehicle dealership and has requested to assign a portion of its obligations of the above-
mentioned Subdivision Improvement Agreement to Toyota; and,
WHEREAS, the City of San Juan Capistrano approved Toyota's development of a
motor vehicle dealership on October 5, 1992, pursuant to Ordinance No. 737; and,
WHEREAS, the City of San Juan Capistrano is in possession of sufficient sureties
from Kemper for the construction of certain required improvements in the amount of $764,000; and,
WHEREAS, Toyota has submitted a Letter of Credit to the City of San Juan
Capistrano to cover for its assigned portion of required improvements in the amount of $275,040,
as a partial substitution to Kemper's posted sureties; and
WHEREAS, Toyota's approved development will be a stand-alone project,
independent and distinct from the development approved for the remainder of Parcel Map 85-306;
and,
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WHEREAS, based on the above paragraph, Toyota has requested not to be required
to include its development within Parcel Map 85-306 covered by any CC&R's as required by the first
condition of Resolution No. 86-5-6-3; and,
WHEREAS, the City Engineer recommends the reduction of Kemper's sureties by
$275,040 and acceptance of Toyota's sureties of $275,040 as a substitution for its assigned
obligations; and,
WHEREAS, the City of San Juan Capistrano has no objection to said assignment,
sureties substitution, amendment of Subdivision Improvement Agreement and exclusion of Toyota
from the requirements of Condition No. 1 of Resolution No. 86-5-6-3 of Tentative Parcel Map
85-306.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
The transfer of partial assignment of Subdivision Improvement Agreement from
Kemper to Toyota is approved.
SECTION 2.
The reduction of Kemper's sureties and substitution with Toyota sureties in the
amount of $275,040 is approved and accepted.
SECTION 3.
The amendment of the Subdivision Improvement Agreement is approved.
The exclusion of Toyota from the requirements of Condition No. 1 of Resolution No.
86-5-6-3 of Tentative Parcel Map 85-306 is approved.
The four sections indicated above shall not be effective until the transfer of property
from Kemper to Toyota is completed and recorded.
PASSED, APPROVED, AND ADOPTED this
. 1996.
ATTEST:
CITY CLEW
WYATT14ART, MAYOR
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16th
day of
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-4-16-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of April 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
' C RYL JO ON ITY CLERK
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