01-1204_BRANDON, MILES D._1st Amd to Owner Participation Agreement0 0
First Amendment to
Owner Participation Agreement
This First Amendment to the Owner Participation Agreement is made and entered to on
December4, 2001, by and between the San Juan Capistrano Community Redevelopment
Agency, a public body corporate and politic, (hereinafter "Agency") and Miles D. Brandon,
an individual (hereinafter "Owner").
Recitals:
Whereas, the Agency and Owner entered into an Owner Participation Agreement (OPA)
on April 17`h, 2001, to financially assist the expansion of Owners automobile dealership;
and,
Whereas, the Owner Participation Agreement provides for $500,000 in financial assistance
to be reimbursed to the Owner over time; and,
Whereas, the Owner has identified a cash flow problem to initiate his project principally
due to unexpected fair share traffic mitigation fees; and,
Whereas, the Owner has requested the Agency assist with their fair share traffic mitigation
fees which are due and payable prior to building permit issuance.
Now therefore, be it resolved: between the Agency and Owner as follows:
Section (1)(a)(2) is amended in its entirety to read as follows:
"Total financial assistance is $500,000. Agency will fund Owner's fair share
traffic mitigation fees identified in ExhibitA of this FirstAmendment, attached
and incorporated herein by reference. In exchange for the advance, the
Agency will receive the first $250,000 in reimbursement obligation to Owner.
After the Agency's advance has been retired, Owner will receive the
remaining $250,000 or balance of $500,000. The financial assistance
obligation shall terminate when a total sum of $500,000 has been generated
according to the formula in Section (1)(a)(1) of the OPA; or by July 12, 2023
whichever occurs first."
2. Section 2 is amended in its entirety to read as follows:
"Section 2 Owner's Projected Time Frame for Start Up and
Municipal Code Compliance.
a. Owner shall commence and complete construction of all improvements
and be operational by September 1, 2002.
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First Amendment to Pg. 2
Owner Participation Agreement
b. Owner shall observe all San Juan Capistrano Municipal Code provisions
including, but not limited to, sign and special event ordinances.
c. In consideration of this First Amendment to the Owner Participation
Agreement, Owner agrees that for every code enforcement violation
Owner receives the reimbursement obligation will be reduced by fifteen
hundred ($1,500) dollars."
For purposes of this agreement, "code enforcement action" means a
formal notice of violation issued in writing by a city code enforcement
officer, and a letter to the developer from the City Attorney verifying that
the developer has violated a provision of the city's municipal code as set
forth in the notice of violation.
Developer agrees and understands that this contractual penalty provision
in no way abrogates the right of the City to also initiate a judicial
enforcement action for the same violation in an appropriate court of law
to address any code violation.
Section 3 is amended in its entirety to read as follows:
Section 3. Term of Agreement.
This Agreement shall remain in full force and effect so long as the obligations
under this amendment remain uncompleted, but in any event not later than
July 12, 2023."
4. Except to the extent that the Owner Participation Agreement is modified by this First
Amendment, the remaining terms and provisions of the Owner Participation
Agreement shall remain unmodified and in full force and effect. If any ambiguity
exists between this First Amendment and the Owner Participation Agreement, this
First Amendment shall control.
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First Amendment to
Owner Participation Agreement
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Pg. 3
In Witness Whereof, the parties have executed this First Amendment as of the day and
year written above.
Agency Secretary:
40 C Vw
M r ret M. Monahan
Agency Attorney:
0 5f --�
John R. haw
C:\IDOUGLAS\RESOLUTI\CapoAmend.wpd
Owner:
A _ W"'
BrandonKhle'Eb.
EXHIBIT A
Fair Share Summary
Capistrano Volkswagen
Proiect/Location
Total Cost
Ws Share
WS Cost
La Novia Ave.
5.2 Valle Rd. to
$1,953,362.00
1%
$19,534.00
Old Forester Cnyn.
5.2.1 Improvements existing
$2,426,808.00
1%
$24,268.00
5.4 1-5 Ramps Q
$749,115.00
$37,456.00
La Novia & Valle -
AM
1 %
PM
5%
San Juan Creek Rd.
10.1 La Novia S. to
$2,559,100.00
1%
$25,591.00
Valle Rd.
10.4 Valle Rd. to
$1,737,793.00
3%
$19,757.00
Camino Capistrano
Valle Rd.
12.1 1-5 NB Ramp to
$1,049,066.00
2%
$20,981.00
SJ Creek Rd.
12.2 1-5 NB Ramp S. to
$1,737,793.00
2%
$34,756.00
Private Gate
Camino Capistrano
2.5 1-5 N. to SJ Creek Rd
$263,419.00
3%
$7,903.00
2.9 SJ Creek S. to Car Wash
$1,462,052.00
3%
$43,862.00
Total:
$13,938,508.00
$234,108.00
10/29/01
DDD:pt