1988-1206_STROSCHER PROPERTIES_Owner Participation AgreementRecording Fees Exempt Due To
Gov't 40e Section 6103
Cheryl ounnsun, City Clerk
RECORDING REQUESTED BY ) City of San Juan Capistrano
AND WHEN RECORDED MAIL TO: )
CITY OF SAN JUAN CAPISTRANO )
Attn: City Clerk )
32400 Paseo Adelanto )
(Space above for recorder)
WHEREAS, the San Juan Capistrano Community Redevelopment
Agency, a public body, corporate and politic, sometimes
hereinafter referred to as "Agency" and Stroscher Properties
(Participant) entered into an Owner Participation Agreement
(Agreement) on 12/6/88, which was recorded on 12/12/88 as
Document No. 88-644406 of the Official Records of the County
Recorder of the County of Orange, California.
WHEREAS, as referenced in said Agreement, the Agency
shall furnish the Developer with a Certificate of Completion
upon completion of construction and development, which
certificate shall be in such form as to permit it to be
recorded in the Official Records of the County Recorder of the
County of Orange, California; and
WHEREAS, such Certificate of Completion shall constitute
a conclusive determination by the Agency of the satisfactory
completion by the Developer of the construction and
development required by the Agreement and of the Developer's
full compliance with the terms of the Agreement with respect
to such construction and development; and
WHEREAS, the Agency has conclusively determined that the
construction and development on the real property described
in Exhibit "A" required by the Agreement and the construction
and development required by the Agreement have been
satisfactorily completed by the Developer in full compliance
with the terms of the Agreement.
NOW, THEREFORE,
1. As provided in the Agreement, the Agency does hereby
certify and determine that the construction and development
on the real property described in Exhibit "A" and the
construction and development required by the Agreement has
been fully and satisfactorily performed and completed in full
compliance with the terms of the Agreement.
- 1 -
0 9
2. Except as otherwise expressly provided in this
Certificate of Completion, nothing contained in this
instrument shall modify in any other way any other provisions
of the Agreement.
IN WITNESS WHEREOF, the Agency has executed this
Certificate of Completion this 21stday of August -� , 1990.
SAN JUAN CAPISTRANO COMMUNITY
BY:
State of California
County of Orange } ss
Executive U3
Stephen B. Jul
On this the .2,21td. day of 1990, before me,
f46*2YG `TOs/NSO,IJ
the undersigned Notary Public, personally appeared
STEPHEN B. JULIAN
personally known to me to be the person who executed the within instrument as
Executive Director on behalf of the corporation therein named, and acknolwedged
to me that the corporation executed it.
WITNESS my hand and official seal.
OFFICIAL AL
CHFRv' A
o .h' NOTARY PU IC - CALIFORNIA
.;..Y LNGE COUNTY
My mm. expires D -C 13, '^'7
SEAL
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AM
CALIFORNIAOUNTY DEC 13, 1993
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LEE A. BRANCH
COUNTY RECORDER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
COUNTY RECORDER:
830 N. Broadway, Rm. 101
P.O. Boz 238
Sante Ana, CA 92702
Telephone: 714/834-2500
August 27, 1990
We are returning UNRECORDED Certificate of Completion naming San
Juan Community Redevelopment Agency together with your remittance
of $none, Ck. No. none.
We can find no provision in the codes to record this document; if
you are aware of one, please cite it (and re -submit) and we will
be glad to investigate it.
RC: jg
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5'6 �'/ k
LEE A. BRANCH
COUNTY RECORDER
By RONALD COWLEY
Deputy Recorder
6
LEE A. BRANCH
COUNTY RECORDER
By RONALD COWLEY
Deputy Recorder
Agency Copy
FIRST AMENDMENT TO
OWNER PARTICIPATION AGREEMENT
This First Amendment to Owner Participation Agreement
("First Amendment") is entered into as of this Sth day of
September , 1989, by and between the San Juan Capistrano
Community Redevelopment Agency (the "Agency") and Stroscher
Properties, a California general partnership (the
"Participant").
R E C I T A L S
WHEREAS, Agency and Participant have previously entered
into an Owner Participation Agreement dated December 6, 1988,
(the "OPA"); and
WHEREAS, the parties mutually desire to amend the provision
in the OPA, concerning contribution by the Agency towards the
public improvements.
NOW, THEREFORE, the Agency and the Participant agree to
amend the OPA as follows:
Section 1. On page 3 of the OPA, in Section 202,
subsection 2, entitled "Agency Contribution", shall be amended
to read: "Agency shall pay to Participant an amount equal to
Two Hundred and Five Thousand Dollars ($205,000.), toward the
cost of the Public Improvements as described in the Scope of
Development (Attachment No. 3) (the "Agency Contribution").
Sixty -Five Thousand Dollars ($65,000) of the Agency
Contribution shall be delivered to the Participant within six
(6) business days of the execution of this Agreement by both
parties. An additional Forty Thousand Dollars ($40,000) shall
be delivered to Participant by September 13, 1989. The
remaining One Hundred Thousand Dollars ($100,000) shall be
delivered to Participant not more than six (6) business days
after all of the following conditions have been met: (a)
approval by the Agency of the Certificates of Completion
(Attachment No. 4); (b) delivery to the Agency of a copy of the
REA executed by the four major property owners within Area A;
and (c) Participant gives the City an irrevocable offer to
grant a public easement for ingress and egress over the "Main
Entrance Street" (also known as Plaza Street or Paseo
Capistrano) to the subject property.
a a
Section 2. All other provisions of the OPA remain in
full force and effect and survives this Amendment. The OPA is
incorporated herein by this reference.
SAN JUAN CAPISTRANO COMMUNITY
REDEVE�,OP NT AGENCY � S
B y :
RED;
Chairman
ATTEST:
Agency retary
APPROVED AS TO FORM:
Stradling, Yocca, Carlson & Rauth
Agency Attorney
STROSCHE OPERTIE
By: -
Theod re H. Stroscher
General Partner
08/10/89
5189n/2299/09 -2-
Recording requested by Recording fees exempt due to
Cit' of gan Juan Capistrano 88.644406 Sernment Code 6103
When Recorded mail to:
° D Dentary Transfer Tax - No
Agency Secretary, San Juan Capistrano Consideration
Community Redevelopment Agency
32400 Paseo Adelanto EXEMPT
San Juan Capistrano, CA 92675 C6 Mary A Hanover, Agency Secretary
San Juan Capistrano Community
Redevelopment Agency
OWNER PARTICIPATION AGREEMENT
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
2:30 DEC 1 2 1988
P.M.
by and among the n '
04 Q. RECORDER
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
and
STROSCHER PROPERTIES
AGENCY,
PARTICIPANT,
0
TABLE OF CONTENTS
• 88=644406
I.
[§100]
SUBJECT OF AGREEMENT
A.
[§101]
Purpose of Agreement
B.
[§102]
The Redevelopment Plan
C.
[§103]
The Site
D.
[§104]
Parties to the Agreement
1. [§105]
The Participant
2. [§106]
The Participant
3. [§107]
Relationship of Agency and Participant
4. [§108]
Prohibition Against Change in
Ownership, Management and Control of
Developer
II.
[§200]
DEVELOPMENT OF THE SITE
A.
[§201]
Scope of Development
B.
[§202]
Cost of Construction
C.
[§203]
Indemnity, Bodily Injury and Property Damage
Insurance
D.
[§204]
City and Other Governmental Agency Permits
E.
[§205]
Local, State and Federal Laws
F.
[§206]
Antidiscrimination During Construction
G.
[§207]
Certificate of Completion
III
A
B
C
[§300] USE OF THE SITE
[§301] Uses
[§302] Rights of Access
[§303] Effect of Violation of the Terms and
Provisions of this Agreement After
Completion of Construction
(i)
88-644406
IV. [§400] GENERAL PROVISIONS
A. [§401] Notices, Demands and Communications Between
the Parties
B. [§402] Conflicts of Interest
C. [§403] Enforced Delay; Extension of Times of
Performance
D. [§404] Nonliability of Officials and Employees of
the Agency
V. [§500] DEFAULTS AND REMEDIES
A. [§501] Defaults
B. [§502] Applicable Law
1. [§503] Institution of Legal Actions
2. [§504] Applicable Law
3. [§505] Acceptance of Service of Process
C. [§506] Rights and Remedies Are Cumulative
D. [§507] Inaction Not a Waiver of Default
VI. [§600] SPECIAL PROVISIONS
A. [§601] Successors in Interest
C. [§602] Amendments to this Agreement
VII. [§700] ENTIRE AGREEMENT, WAIVERS
ATTACHMENTS
Attachment No. 1 Site Map
Attachment No. 2 Legal Description
Attachment No. 3 Certificate of Completion
Attachment No. 4 Scope of Development
Attachment No. 5 Area A Site Plan
0
88=644406
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT is entered into by and among the SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (the "Agency")
and STROSCHER PROPERTIES, a California General Partnership (the
"Participant"). The Agency and the Participant, hereby agree
as follows:
I. [§100] SUBJECT OF AGREEMENT
A. [§101] Purpose of Agreement
The purpose of this Agreement is to effectuate the
Redevelopment Plan (as hereinafter defined) for the Central
Redevelopment Project Area by providing for the development of
certain property situated within the Project Area (the "Project
Area"). That portion of the Project Area to be developed
pursuant to this Agreement is depicted on the "Site Map", which
is attached hereto as Attachment No. 1 and incorporated herein
by reference. This Agreement is entered into for the purpose
of developing the Site including the construction of certain
public improvements thereon (the "Project") and not for
speculation in land holding. Completing the development on the
Site pursuant to this Agreement is in the vital and best
interest of the City of San Juan Capistrano, California (the
"City") and the health, safety and welfare of its residents,
and in accord with the public purposes and provisions of
applicable state and local laws and requirements under which
the Project has been undertaken.
B. [§102] The Redevelopment Plan
The Redevelopment Plan was approved and adopted by the
City Council of the City of San Juan Capistrano by Ordinance
No. 488 as amended by Ordinance Nos. 509, 547 and 582; said
ordinances and The Redevelopment Plan as so approved (the
"Redevelopment Plan") are incorporated herein by reference.
C. [§103] The Site
The Site is that portion of the Project Area
designated on the Site Map (Attachment No. 1) and described in
the "Legal Description", which is attached hereto as Attachment
No. 2 and is incorporated herein by reference. The Site is
currently owned by the Participant. A portion of the Common
Improvements as described in the Scope of Development
(Attachment No. 3) are to be located on property owned by
Seaside Ranchos.
• 88=644406
D. [§104] Parties to the Agreement
1. [§105] The Agency
The Agency is a public body, corporate and
politic, exercising governmental functions and powers and
organized and existing under Chapter 2 of the Community
Redevelopment Law of the State of California. The principal
office and mailing address of the Agency (for purposes of this
Agreement) is 32400 Paseo Adelanto, San Juan Capistrano,
California 92675.
"Agency", as used in this Agreement, includes the
San Juan Capistrano Community Redevelopment Agency, and any
assignee of or successor to its rights, powers and
responsibilities.
2. [§106] The Participant
The term "Participant" as used in this Agreement,
is Stroscher Properties, a California General Partnership and
any assignee of or successor to its rights, powers and
responsibilities permitted by Section 108 of this Agreement.
Theodore H. Stroscher is one of the general partners of
Stroscher Properties and by his signature to this Agreement he
warrants and represents that he has the power and authority to
bind the Participant to this Agreement. The principal office
and mailing address of the Participant for the purposes of this
Agreement is 24591 Del Prado, Suite 201, Dana Point, California
92629.
3. [§107] Relationship of Agency and Participant
It is hereby acknowledged that the relationship
between the Agency and the Participant is not that of a
partnership nor joint venture and that the Agency and the
Participant shall not be deemed or construed for any purpose to
be the agent of the other.
4. [§108] Prohibition Against Change in
Ownership, Management and Control of Develoner
The Participant agrees that no assignment of its
interest under this Agreement may be made without approval of
the Agency, until after a Certificate of Completion
substantially in the form of Attachment No. 4 attached hereto
and incorporated herein by this reference, has been recorded.
Following the recordation of the Certificate of Completion,
Participant may assign its interest in this Agreement in its
sole discretion.
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88-644406
II. (§2001 DEVELOPMENT OF THE SITE
A. 1§2011 Scope of Development
The Participant shall commence and complete the
development of the Commercial Center as approved by the City
under AC 86-5 including the construction of the Public and
Common Improvements by January 1, 1991. The Public
Improvements and the Common Improvements shall consist of those
improvements identified as such in Attachment No. 3 "Scope of
Development."
B. (52021 Cost of Construction
1. Participant Cost
The costs of developing the Public and Common
Improvements as specified in the Scope of Development
(Attachment No. 3) shall be borne initially by the
Participant. A minimum of 65% of the cost of the Common
Improvements shall be reimbursed by the other property owners
within Area A. Area A is identified in the Site Plan
Attachment No. 5. Such reimbursement shall be pursuant to
separate written agreement between the Participant and the
Property Owners that are benefited by the Participant's
development of the Common Improvements (the "REA"). Agency
shall use its best efforts to assist Participant in obtaining
the execution of the REA by the other property owners within
Area A to reimburse said 65% of the Participant's cost.
2. Agency Contribution
Agency shall pay to Participant an amount equal to One
Hundred and Sixty -Five Thousand Dollars ($165,000), toward the
cost of the Public Improvements as described in the Scope of
Development (Attachment No. 3) (the "Agency Contribution").
Sixty -Five Thousand Dollars ($65,000) of the Agency
Contribution shall be delivered to the Participant within six
business days of the execution of this Agreement by both
parties. The remaining One Hundred Thousand Dollars ($100,000)
shall be delivered to Participant. The remaining One Hundred
Thousand Dollars ($100,000.00) shall be delivered to
Participant not more than six (6) business days after all of
the following conditions have been met: (a) approval by the
Agency of the Certificate of Completion (Attachment No. 4); (b)
delivery to the Agency of a copy of the REA executed by the
four major property owners within Area A; and (c) Participant
gives the City an irrevocable offer to grant a public easement
for ingress and egress over the "Main Entrance Street" (also
known as Plaza Street or Paseo Capistrano) to the subject
property.
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C. [§203] Indemnity, Bodily Injury and Property Damage
Insurance
The Participant shall indemnify, defend, assume
all responsibility for and hold the Agency, its officers and
employees, harmless from, all claims or suits for, and damages
to, property and injuries to persons, including accidental
death (including attorneys fees and costs), or claims
concerning a failure to pay prevailing wages in the event it
was determined that a prevailing wage requirement should have
been imposed on the Participant, which may be caused by any of
the Participant's activities under this Agreement, whether such
activities or performance thereof be by the Participant or
anyone directly or indirectly employed or contracted with by
the Participant and whether such damage shall accrue or be
discovered before or after termination of this Agreement. The
Participant shall take out and maintain throughout the period
set forth in this Section 203, a comprehensive liability policy
in the amount of One Million Dollars ($1,000,000) per
occurrence combined single limit policy, including contractual
liability, as shall protect the Participant, City and Agency
from claims for such damages.
The Participant shall furnish a certificate of
insurance countersigned by an authorized agent of the insurance
carrier on a form of the insurance carrier setting forth the
general provisions of the insurance coverage. This
countersigned certificate shall name the City and the Agency
and their respective officers, agents, and employees as
additional insureds under the policy. The certificate by the
insurance carrier shall contain a statement of obligation on
the part of the carrier to notify City and the Agency of any
material change, cancellation or termination of the coverage at
least thirty (30) days in advance of the effective date of any
such material change, cancellation or termination. Coverage
provided hereunder by the Participant shall be primary
insurance and not contributing with any insurance maintained by
the Agency or City, and the policy shall contain such an
endorsement. The insurance policy or the certificate of
insurance shall contain a waiver of subrogation for the benefit
of the City and the Agency.
The Participant shall also furnish or cause to be
furnished to the Agency evidence satisfactory to the Agency
that any contractor with whom it has contracted for the
performance of work on the Site or otherwise pursuant to this
Agreement carries workers' compensation insurance as required
by law.
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• • 88=644406
The insurance obligations of Participant under
this Section 203 shall terminate and be of no further force or
effect upon the recordation of the Certificate of Completion
(Attachment No. 4). The indemnity obligations provisions of
this Section 203 shall terminate and be of no further force or
effect upon the date which is three years from the recordation
of the Certificate of Completion (Attachment No. 4).
D. [§204] City and Other Governmental Agency Permits
The Participant shall, at its own expense, secure
or cause to be secured any and all permits, necessary to
complete the development as set out in the Scope of Development
(Attachment No. 3), which may be required by the City or any
other governmental agency affected by such construction,
development or work.
E. [§205] Local, State and Federal Laws
The Participant shall carry out the construction
of the improvements in conformity with all applicable laws,
including all applicable federal immigration laws and federal
and state labor standards, provided, however, Participant and
its contractors, successors, assignees, transferees, and
lessees are not waiving their rights to contest any such laws,
rules or standards.
F. [§206] Antidiscrimination During Construction
The Participant, for itself and its successors
and assigns, agrees that in the construction of the
improvements provided for in this Agreement, the Participant
will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, age, sex,
marital status, handicap, national origin or ancestry.
G. [§207] Certificate of Completion
Within 30 days after completion of all construction
and development required by this Agreement to be completed by
the Participant upon the Site in conformity with this
Agreement, the Agency shall furnish the Participant with a
Certificate of Completion in recordable form upon written
request therefor by the Participant. Such Certificate shall be
substantially in the form of Attachment No. 4 hereto. The
Agency shall not unreasonably withhold any such Certificate of
Completion. Such Certificate of Completion shall be a
conclusive determination of satisfactory completion of the
construction required by this Agreement and the Certificate of
Completion shall so state.
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•
• 88=644406
If the Agency refuses or fails to furnish a
Certificate of Completion for the Public and Common
Improvements after written request from the Participant, the
Agency shall, within thirty (30) days of written request
therefor, provide the Participant with a written statement of
the reasons the Agency refused or failed to furnish a
Certificate of Completion. The statement shall also contain
Agency's opinion of the specific actions the Participant must
take to obtain a Certificate of Completion.
Such Certificate of Completion is not a notice of
completion as referred to in the California Civil Code,
Section 3093.
III. [§300]
A. [§301]
USE OF THE SITE
Uses
The Participant covenants and agrees for itself, its
successors, its assigns, and every successor in interest to the
Site or any part thereof, that during construction and
thereafter, the Participant, such successors and such
assignees, shall devote the Site to uses consistent with the
Redevelopment Plan such as the shopping center approved by the
City in AC 86-5.
The Participant covenants by and for itself and any
successors in interest that from and after the date of this
Agreement there shall be no discrimination against or
segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, age,
handicap, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the
Site, nor shall the Participant itself or any person claiming
under or through it establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the Site. The
foregoing covenants shall run with the land.
From and after the date of this Agreement the
Participant shall refrain from restricting the rental, sale or
lease of the Site on the basis of race, color, creed, religion,
sex, marital status, handicap, national origin or ancestry of
any person. All such deeds, leases or contracts shall contain
or be subject to substantially the following nondiscrimination
or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and
for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through them, that
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• • 88=644406
there shall be no discrimination against or
segregation of, any person or group of persons on
account of race, color, creed, religion, sex,
marital status, age, handicap, national origin or
ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land
herein conveyed, nor shall the grantee himself or
herself or any person claiming under or through
him or her, establish or permit any such practice
or practices of discrimination or segregation
with reference to the selection, location,
number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the land
herein conveyed. The foregoing covenants shall
run with the land."
2. In leases: "The lessee herein covenants by and
for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through him or her, and
this lease is made and accepted upon and subject
to the following conditions:
"There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, sex,
marital status, handicap, age, ancestry or
national origin in the leasing, subleasing,
transferring, use, occupancy, tenure•or enjoyment
of the premises herein leased nor shall the
lessee himself or herself, or any person claiming
under or through him or her, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the
premises herein leased."
3. In contracts: "There shall be no discrimination
against or segregation of, any person, or group
of persons on account of race, color, creed,
religion, sex, marital status, age, handicap,
ancestry or national origin, in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the premises, nor shall the
transferee himself or herself or any person
claiming under or through him or her, establish
or permit any such practice or practices of
discrimination or segregation with reference to
the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or
vendees of the premises."
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88-644406
Except for covenants against discrimination or
segregation, which shall continue in effect in perpetuity, the
covenants set forth in this Section 301 shall remain in effect
until the termination date of the Redevelopment Plan.
B. [§302) Rights of Access
The Agency, for itself and for the City and other
public agencies, at their sole risk and expense, reserves the
right to enter the Site or any part thereof which is owned or
controlled by the Participant, at all reasonable times for the
purpose of reconstruction, maintenance, repair or service of
any public improvements or public facilities located on the
Site. Any such entry shall be made only after reasonable
notice to Participant, and Agency shall indemnify and hold
Participant and its tenants harmless from any costs, claims,
damages or liabilities pertaining to any entry. This Section
303 shall not be deemed to diminish any rights the Agency, the
City, or any other public agencies may have without reference
to this Section 303.
C. [§303) Effect of Violation of the Terms and
Provisions of this Agreement After
Completion of Construction
The Agency is deemed the beneficiary of the terms and
provisions of this Agreement and of the covenants running with
the land, for and in its own rights and for the purposes of
protecting the interests of the community and other parties,
public or private, in whose favor and for whose benefit this
Agreement and the covenants running with the land have been
provided. The Agreement and the covenants shall run in favor
of the Agency, without regard to whether the Agency has been,
remains or is an owner of any land or interest therein in the
Site or in the Project Area. The Agency shall have the right,
if the Agreement or covenants are breached, to exercise all
rights and remedies, and to maintain any actions or suits at
law or in equity or other proper proceedings to enforce the
curing of such breaches to which it or any other beneficiaries
of this Aqreement and covenants may be entitled.
After issuance of a Certificate of Completion for all
grading and improvements to be completed by the Participant
pursuant to this Agreement, all of the terms, covenants,
agreements and conditions set forth in this Agreement shall
cease and terminate excepting only the provisions listed below
which shall survive as follows:
(a) Sections 101-108, 202, 302, 303, 601, 602 and 700.
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• 88=644406
(b) Section 203 (as it applies to indemnification)
and 301 (relating to the compliance with the redevelopment
plan) shall remain in effect in accordance with the terms
and conditions set forth therein.
(c) Sections 401, 500 to 507 (relating to rights and
remedies) shall remain in effect to the extent necessary to
enforce other provisions of this Agreement.
IV. [§400] GENERAL PROVISIONS
A. [§401] Notices, Demands and C
Written notices, demands and communications between
the Agency and the Participant shall be sufficiently given if
delivered by hand (and a receipt therefor is obtained or is
refused to be given) or dispatched by registered or certified
mail or by overnight mail such as Federal Express, postage
prepaid, return receipt requested, to the principal offices of
the Agency or Participant. Such written notices, demands and
communications may be sent in the same manner to such other
addresses as either party may from time to time designate by
mail as provided in this Section 401.
Any written notice, demand or communication shall be
deemed received (a) immediately if delivered by hand (b) on the
next business day delivered by Federal Express or (c) upon
receipt if delivered by registered or certified mail return
receipt requested.
B. [§402] Conflicts of Interest
No member, official or employee of the Agency shall
have any personal interest, direct or indirect, in this
Agreement, nor shall any member, official or employee
participate in any decision relating to the Agreement which
affects his personal interests or the interests of any
corporation, partnership or association in which he is directly
or indirectly interested.
C. [§403] Enforced Delay; Extension of Times of
Performance
In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be
in default, and all performance and other dates specified in
this Agreement and the Attachments hereto shall be extended,
where delays or defaults are due to: war; insurrection;
strikes; lockouts; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics;
quarantine restrictions; freight embargoes; lack of
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transportation; governmental restrictions, moratoriums or
priority; litigation; unusually severe weather; inability to
secure permits, necessary labor, materials or tools; delays of
any contractor, subcontractor or supplier; acts or omissions of
the other party; acts or failures to act of the City of San
Juan Capistrano or any other public or governmental agency or
entity (other than the acts or failures to act of the Agency
which shall not excuse performance by the Agency); or any other
causes beyond the control or without the fault of the party
claiming an extension of time to perform, financial inability
excepted. Notwithstanding anything to the contrary in this
Agreement, an extension of time for any such cause shall be for
the period of the enforced delay and shall commence to run from
the time of the commencement of the cause, if notice by the
party claiming such extension is sent to the other party within
thirty (30) days of the commencement of the cause. Times of
performance under this Agreement may also be extended in
writing by the mutual agreement of Agency and Participant.
D. [§404] Nonliability of Officials and Employees of
the Agency
No member, official or employee of the Agency or the
City shall be personally liable to the Participant, or any
successor in interest, in the event of any default or breach by
the Agency (or the City) or for any amount which may become due
to the Participant or its successors, or on any obligations
under the terms of this Agreement.
V. [§500] DEFAULTS AND REMEDIES
A. [§501] Defaults
Subject to the extensions of time set forth in
Section 403, failure or delay by either party to perform any
term or provision of this Agreement constitute a default under
this Agreement. The party who so fails or delays must
immediately commence to cure, correct, or remedy such failure
or delay, and shall complete such cure, correction or remedy
with diligence.
Prior to exercising any rights under Section 503
below, the injured party shall give written notice of default
to the party in default, as well as other persons or entities
entitled to notice hereunder, specifying the default complained
of by the injured party. Except as required to protect against
further damages, the injured party may not institute
proceedings against the party in default until thirty (30) days
after giving such notice or, provided that the party is
proceeding with diligence to cure, such greater time as may be
necessary to cure given the nature of the default. Failure or
delay in giving such notice shall not constitute a waiver of
any default, nor shall it change the time of default.
12/01/88
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0 0 9 88=644406
If the default is not cured or commenced to be cured
by the defaulting party within thirty (30) days after service
of the notice of default (or within such other period as is set
forth herein), the defaulting party shall be liable to the
other party for any damages caused by such default. If the
nature of the default is limited solely to failure to pay a
monetary obligation then the default must be cured within 15
business days after service of notice of default or the
defaulting party shall be liable to the other party for any
damages incurred as a result of the default.
B. [§502] Legal Actions
1. [§503] Institution of Legal Actions
In addition to any other rights or remedies and
subject to the restrictions in Section 501, either party may
institute legal action to cure, correct or remedy any default,
to recover damages for any default, or to obtain any other
remedy, including the remedy of specific performance,
consistent with the purpose of this Agreement. Such legal
actions must be instituted in the Superior Court of the County
of Orange, State of California, in an appropriate judicial
district in that County, or in the Federal District Court in
the Central District of California.
2. [§504) Applicable Law
The laws of the State of California shall govern
the interpretation and enforcement of this Agreement.
3. [§505] Acceptance of Service of Process
In the event that any legal action is commenced
by the Participant against the Agency, service of process on
the Agency shall be made by personal service upon the Director
or in such other manner as may be provided by law.
In the event that any legal action is commenced
by the Agency against the Participant, service of process on
the Participant shall be made by personal service upon the
general partner of the Participant described in Section 106 of
this Agreement and shall be valid whether made within or
without the State of California or in such other manner as may
be provided by law.
C. [§506] Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are
cumulative, and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
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0 0 88-644406
D. [§507] Inaction Not a Waiver of Default
Any failures or delays by either party in asserting
any of its rights and remedies as to any default shall not
operate as a waiver of any default or of any such rights or
remedies, or deprive either such party of its right to
institute and maintain any actions or proceedings which it may
deem necessary to protect, assert or enforce any such rights or
remedies.
VI. [§600] SPECIAL PROVISIONS
A. [§601] Successors In Interest
The terms, covenants, conditions and restrictions of
this Agreement shall extend to and shall be binding upon and
inure to the benefit of the heirs, executors, administrators,
successors and assigns of the parties.
B. [§602] Amendments to this Agreement
The Participant and the Agency agree to mutually
consider reasonable requests for amendments to this Agreement
provided said requests are consistent with this Agreement and
would not substantially alter the basic business terms included
herein. Any amendments to this Agreement shall be in writing
and signed by both parties.
VII, [§700] ENTIRE AGREEMENT
This Agreement may be signed in counter -parts, and is
executed in five (5) duplicate originals, each of which is
deemed to be an original. This Agreement includes pages 1
through 15 and Attachments 1 through 5, which constitutes the
entire understanding and agreement of the parties.
This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all
or any part of the subject matter hereof.
12/01/88
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0 0 88=644406
IN WITNESS WHEREOF, the Agency and the Participant
have signed this Agreement on the respective dates set forth
below.
December 6 1988 SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
By:j
"AGENCY"
ATTEST:
Mary A anover, Secretary
APPROVED AS TO FORM:
Stradling, Yocca, Carlson & Rauth,
Special Counsel to the Agency
Agency Counsel
STROSCHER PROPERTIES, a C £ornia
general the shi
By:
Theodore H. Stroscher,
General Partner
12/01/88
1495n/2299/00 -13-
"PARTICIPANT"
•
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange
City of San Juan Capistrano
OFFICIAL SEAI,
MARY ANN HANOVER
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm, expires JUN 26, 1992
On this the 6th day of
• 9 88=644406
December
MARY ANN HANOVER
the undersigned Notary Public, personally appeared
Kenneth E. Friess
NO, 202
119-M, before me,
K1 personally known to me
E proved to me on the basis of satisfactory evidence
to be the person(Q who executed the within instrumenAicipal
Chairman or on behalf of thekorporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal. j
1120122 NATIONAL NOTARY ASSOCIATION a 23012 Ventura BIM. • PO. Box 4625 4 Woodland Hills, CA 91365-4625
CORPORATE ACKNOWLEDGMENT NO. 202
State of Cali£or is
SS.
County of Orange 111111
City of San Juan Capistrano
On this the 7th day of
December
Cheryl A. .Johnson
the undersigned Notary Public, personally appeared
Ann Hanover
191_8_8, before me,
® personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumergU*icipal
Secretary or on behalf of the%orporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
nm "I NATIONAL NOTARY ASSOCIATION • 23012 VenNra BIM. • PO. Box 4625 • Woodland Hill% CA 913650625
12/01/88
1495n/2299/00 -14-
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 11, 1989
On this the 7th day of
December
Cheryl A. .Johnson
the undersigned Notary Public, personally appeared
Ann Hanover
191_8_8, before me,
® personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumergU*icipal
Secretary or on behalf of the%orporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
nm "I NATIONAL NOTARY ASSOCIATION • 23012 VenNra BIM. • PO. Box 4625 • Woodland Hill% CA 913650625
12/01/88
1495n/2299/00 -14-
0
PARTNERSHIP ACKNOWLEDGMENT
rf9DIVY
State of iuR�
n SS.
County of
(SEAL)
0 88=644406
NO. 203
On this the GSL day of pP.CQl%YI� 1913-a, before me,
XAJIL)E7- 2, 1,E1-1Af04A)10
the undersigned Notary Public, personally appeared
❑ personally known to me
Xproved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
nature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIW. • P.O. Sox 0525 • Wo lard Wis. CA 91354
12/01/88
1495n/2299/00 -15-
OFFICIAL SEAL
'�6, a� ; 9
'�;;�.,�,r
LYNNETTE C LEHMANN
100TARY PUBLIC -CALIFORNIA
ORANGE COUNtt
My comm. expires OCT 25, 1991
(SEAL)
0 88=644406
NO. 203
On this the GSL day of pP.CQl%YI� 1913-a, before me,
XAJIL)E7- 2, 1,E1-1Af04A)10
the undersigned Notary Public, personally appeared
❑ personally known to me
Xproved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
nature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIW. • P.O. Sox 0525 • Wo lard Wis. CA 91354
12/01/88
1495n/2299/00 -15-
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ATTACHMENT NO. 2
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• 88=644406
All that certain land situated in the State of California,
County of Orange, City of San Juan Capistrano, described as
follows:
That portion of Lot 14 of Tract No. 103, as shown on a map
recorded in Book 11, Pages 29 through 33 of miscellaneous maps,
records of Orange County, California, described as follows:
Parcel 3, as shown on a map filed in Book 10, Page 47 of
parcel maps, in the office of the County Recorder of said
Orange County.
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LI
ATTACHMENT NO. 3
SCOPE OF DEVELOPMENT
Private Improvements
LI
88=644406
Development of an approximately 302,000 square foot
property with an approximately 80,500 square foot commercial
shopping center including:
1. An approximate 25,500 square foot major tenant.
2.
An approximate 7,000
square
foot major tenant.
3.
An approximate 30,000
square
foot retail shop building.
4.
An approximate 17,800
square
foot retail shop Building.
5.
Parking facilities to
serve
the above, as required by
the Planning Commission.
6. Private landscaping areas to serve the above, as
required by the Planning Commission.
Public Improvements
1. Dedication of all land forty-two feet from the
centerline of Del Obispo Street along the entire
frontage of the site, except that frontage which
includes the deceleration land to Main Entry Street.
2. Street improvements to Del Obispo Street including a
traffic signal at the intersection of Del Obispo and
the Main Entry Street, entry driveways, sidewalks,
right-hand turn pockets, except the frontage which
includes the deceleration lane from Main Entry Street.
3. Relocation of existing street lights on Del Obispo
Street that conflict with the Site Plan design along
the entire frontage of the site, except that frontage
which includes the deceleration lane to the Main Entry
Street.
4. Dedication of all applicable easements for emergency
and public security ingress/egress purposes, except
those easements which are for common improvements.
12/01/88
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• • 6 88=644406
Common Improvements
1. Street improvements to Main Entry Street including
entry driveways, sidewalks, median islands and
landscaping as shown on the Site Plan, Attachment 1.
2. Street improvements to Del Obispo Street along the
frontage of the site including the deceleration lane
to the Main Entry Street and a traffic signal at the
intersection of Del Obispo Street and the Main Entry
Street.
3. Relocation of Existing Street lights on Del Obispo
Street that conflict with the Site Plan design along
the frontage of the site which includes the
deceleration lane to the Main Entry Street.
4. A mainline storm drain collecting the run-off from the
properties of Area A.
5. Mainline underground electrical, gas, telephone and
water utilities serving the properties of Area A.
6. Common mainline sewers serving the properties of
Area A.
12/01/88
1495n/2299/00 -19-
•
ATTACHMENT NO. 4
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
STROSCHER PROPERTIES )
24591 Del Prado, Suite 201 )
Dana Point, CA 92629 )
• . 88=644406
[Space above for recorder.]
CERTIFICATE OF COMPLETION
WHEREAS, the San Juan Capistrano Community Redevelopment
Agency, a public body, corporate and politic, sometimes
hereinafter referred to as "Agency" and Stroscher Properties
(Participant) entered into an Owner Participation Agreement
(Agreement) on , which was recorded on as
Document No. of the Official Records of the County
Recorder of the County of Orange, California.
WHEREAS, as referenced in said Agreement, the Agency shall
furnish the Developer with a Certificate of Completion upon
completion of construction and development, which certificate
shall be in such form as to permit it to be recorded in the
Official Records of the County Recorder of the County of
Orange, California; and
WHEREAS, such Certificate of Completion shall constitute a
conclusive determination by the Agency of the satisfactory
completion by the Developer of the construction and development
required by the Agreement and of the Developer's full
compliance with the terms of the Agreement with respect to such
construction and development; and
WHEREAS, the Agency has conclusively determined that the
construction and development on the real property described in
Exhibit "A" required by the Agreement and the construction and
development required by the Agreement have been satisfactorily
completed by the Developer in full compliance with the terms of
the Agreement.
NOW, THEREFORE,
1. As provided in the Agreement, the Agency does hereby
certify and determine that the construction and development on
the real property described in Exhibit "A" and the construction
and development required by the Agreement has been fully and
satisfactorily performed and completed in full compliance with
the terms of the Agreement.
12/01/88
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6 1 88=644406
2. Except as otherwise expressly provided in this
Certificate of Completion, nothing contained in this instrument
shall modify in any other way any other provisions of the
Agreement.
IN WITNESS WHEREOF, the Agency has executed this
Certificate of Completion this day of
1986.
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
M
Executive Direc
12/01/88
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•
Written Communication:
Report dated August 21, 1990, from Chairman Friess, recom-
mending the creation of an Historic Town Center Ad Hoc
Committee to discuss and recommend how the City should
progress with implementation of the Historic Town Center
revised plan. The committee is to be comprised of eight
members, with one representative from each of the following
groups: Friends of Historic San Juan Capistrano, Juaneno
Band of Mission Indians, Cultural Heritage Commission, San
Juan Historical Society, the Downtown Merchants Society, the
Stroscher family, and the Birtcher organization.
Creation of Historic Town Center Ad Hoc Committee:
It was moved by Director Schwartze, seconded by Director
Hausdorfer, and unanimously carried that the Historic Town
Center Ad Hoc Committee be created.
Chairman Friess noted that committee members will be
appointed at the meeting of September 4, 1990, and the first
meeting of the committee is scheduled for Wednesday,
September 19, 1990, at 5:30 p.m.
Written Communication:
Report dated August 21, 1990, from the Community Development
Manager, noting that the required public infrastructure
improvements were completed as part of the development of
Plaza Del Obispo, in accordance with the terms of the Owner
Participation Agreement with the Agency.
Cassandra Walker, Community Development Manager, made a brief
oral presentation.
Approval of Certificate of Completion:
It was moved by Director Bland, seconded by Director
Hausdorfer, and unanimously carried that the Certificate of
Completion be approved and the remaining $100,000 be paid to
Stroscher Properties upon issuance. The Executive Director
was authorized to execute the Certificate.
Written Communication:
Report dated August 21, 1990, from the
Manager, summarizing the results of the
Study prepared by KHR Associates and
study be accepted.
Community Development
Downtown Area Parking
recommending that the
-2-
8/21/90
0 a
AGENDA ITEM
TO: Stephen B. Julian, Executive Director
'�'C �, qC ;
August 21, 1990
FROM: Cassandra L. Walker, Community Development Manager
SUBJECT: Certificate of Completion -owner Participation Agreement
(Stroscher)
A. Summary and Recommendation - Under the terms of the Owner
Participation Agreement with the Agency, Stroscher Properties
was required to complete certain public infrastructure
improvements as part of the development of Plaza Del Obispo.
These improvements have been completed, and Stroscher
Properties has completed the other requirements under the
Owner Participation Agreement for issuance of the Certificate
of Completion. Staff therefore recommends the approval of the
Certificate of Completion.
B. Background - In December 1988, the Agency entered into the
original Owner Participation Agreement with Stroscher
Properties. The Owner Participation Agreement was amended in
1989 to reflect the improvement of additional lighting. The
Owner Participation Agreement provides for Agency assistance
toward public infrastructure improvements being constructed
as a part of the project including street widening, traffic
signals, storm drain improvements and a major entry into the
area. The assistance was provided to ensure implementation
of the Area A Master Plan and in particular the provision of
new access to the four properties within Area A, and
installation of major public infrastructure improvements on
Del Obispo Street.
The Developer has completed all the required improvements
under the Owner Participation Agreement with the Agency,
including the completion of certain other private and common
improvements outlined in the Scope of Development.
Additionally, he has executed and recorded the Reciprocal
Easement Agreement, and executed an irrevocable offer to grant
a public easement for ingress and egress over the main access
street which were required prior to issuance of the
Certificate of Completion.
PUBLIC NOTIFICATION:
Not applicable.
FOR CRY COUNCIL AGEND�N! C60
B3
0 •
OTHER BOARDS/COMMISSIONS:
Not applicable.
FINANCIAL CONSIDERATION:
Under the original Owner Participation Agreement, the Developer was
to receive $165,000.00 towards the cost of these public
improvements. The amended Owner Participation Agreement provided
an additional $40,000.00 for lighting improvements for a total
Agency participation of $205,000.00. Under the terms of the
original and amended Owner Participation Agreement $105,000.00 has
already been paid. The remaining $100,000.00 is to be paid upon
the issuance of the Certificate of Completion. These funds are
currently budgeted in the Agency's 1990-91 budget.
ALTERNATE ACTIONS:
1. Authorize the Executive Director to execute the Certificate
of Completion.
2. Do not approve execution of the Certificate of Completion at
this time.
By motion, authorize the Executive Director to execute the
Certificate of Completion.
Respectfully submitted,
G -
Cassandra L. Walker
Community Development Manager
CW: j k
0
PUBLIC HEARINGS
0
1. JOINT PUBLIC HEARING ON PROPOSED AMENDMENT TO OWNER
DADTTrTDATTnM AnPRR.MVWT VnD DDnDRDTV Tnra Tpn AT iiRR�, nRT
OBISPO STREET (STROSCHER PROPERTIES) (600.40)
Proposal:
Consideration of a proposal to amend the Owner
Participation Agreement between the Community Redevelopment
Agency and Stroscher Properties to reimburse the cost of
relocating and coordinating existing street lights,
dedication of easements for emergency and public security
ingress/egress, traffic signal improvements, storm drains,
and lighting modifications.
Written Communication:
Report dated September 5, 1989, from the Executive Director
forwarding background information and staff recommendation.
Mr. Julian gave an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and there being no
input, closed the hearing with the right to reopen at any
time.
Approval of Budget Adjustment and Adoption of Resolution:
It was moved by Chairman Friess, seconded by Director
Schwartze, that a budget adjustment providing for an
additional $40,000 be approved, and the following
Resolution be adopted approving Amendment No. 1 to the
Owner Participation Agreement with Stroscher Properties:
RESOLUTION NO. CRA 89-9-5-1 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN AMENDMENT TO AN OWNER
PARTICIPATION AGREEMENT WITH STROSCHER PROPERTIES
The motion carried by the following vote:
AYES: Directors Schwartze, Bland, Buchheim,
Hausdorfer, and Chairman Friess
NOES: None
ABSENT: None
-2-
9/5/89
i J
AGENDA ITEM September 5, 1989
TO: Chairman and Members of the Agency Board of Directors
FROM Stephen B. Julian, Executive Director
SUBJECT: Joint Public Hearing of the City of San Juan Capistrano and the San Juan
Capistrano Community Redevelopment Agency on the Proposed
Amendment to an Existing Owner Participation Agreement with
Stroscher Properties Located at 31882 Del Obispo Street
SITUATION
A. Summary and Recommendation - On December 6, 1988, the Redevelopment Agency
entered into an Owner Participation Agreement (OPA) with Stroscher Properties for
the construction of a neighborhood shopping center on the site of the former drive-in
theatre. The Owner Participation Agreement required the owner to commence and
complete the development of the center as approved by the City under AC 86-5
including the construction of public and common improvements. These public and
common improvements are those which generally serve to implement the Area A
Master Plan and otherwise establish common development standards for the entire
project. An existing Owner Participation Agreement specifies certain public and
common improvements be undertaken by the owner and the Agency. These
improvements include relocation of existing street lights, coordinating said lights to
eliminate conflicts with parking lot and other lighting standards, dedication of
easements for emergency and public security ingress/egress, traffic signal
improvements, storm drains, etc. During the construction of this project, it became
necessary to modify the lighting within the parking lot in order to achieve the
uniform standard intended by the Area A Master Plan and the Owner Participation
Agreement. It is recommended that Amendment No. 1 to the Owner Participation
Agreement be approved to reimburse the cost of these modifications.
B. Background - Development plans for the shopping center project were approved by
the Planning Commission at a Public Hearing on June 23, 1987. Grading and
construction began in June 1988, with the anchor tenant opening in August 1989.
During the construction of the project, it became apparent to the city and the
property owner that the parking lot lighting, although in keeping with the
specifications, would not achieve the results desired or envisioned by the Area A
Master Plan or the plan approved by the City Planning Commission. Although the
parking lot and its pertinent structures not identified specifically as either public or
common improvements with the original Owner Participation Agreement, easement
agreement and parking arrangements effectively render the parking lot as a common
and public access area. Lighting within the parking lot and common area is designed
to ensure public safety and security for tenants and the general public utilizing the
facilities. The lighting for the center is designed in part to enhance public street
lighting available along Del Obispo and to well -define and provide safe
ingress/egress and public access to the center. Modification of the lighting system
included elimination and relocation of lighting standards adjacent to the public
right-of-way, as well as modifications to lower the light standards. These lighting
improvements resulted in an improved appearance while achieving the public safety,
security, and aesthetic objectives of the approved plan and Area A Master Plan.
FOR CRY COUNCIL AGE�W
C�I
0 9
Agenda Item -2- September 5, 1989
The cost of this redesign, relocation and improvement is $40,000. However, these
improvements will also eliminate the necessity of making changes to the lighting
requirements as the adjacent property develops. The property owner is complying
with the terms of the Owner Participation Agreement, which requires among other
things, the execution of a Reciprocal Easement Agreement, irrevocable offers of
dedication of the main access street (Plaza Street) as well as the installation of
various pubic improvements including traffic signals, street lights and other
improvements.
PUBLIC NOTIFICATION
The required legal notices of the public hearing were published on August 17, 1989, and
August 24, 1989, in the Capistrano Valley News. No other public notice is required by
law.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
Agency assistance for public and common infrastructureimprovements will come from
tax increments generated by this project. There are sufficient Agency funds available to
fund this amendment, and there is no impact to the general funds of the City.
ALTERNATE ACTIONS
1. By motion, adopt the resolution appoving the Amendment #1 to the Owner
Participation Agreement with Stroscher Properties, and approve a budget
adjustment providing for an additional $40,000.00.
2. Do not adopt the resolution.
-----------------------------------------------------------------------------
------------------------------------------------------------------------------
RECOMMENDATION
By motion, adopt the resolution approving the Amendment #1 to the Owner Participation
Agreement with Stroscher Properties, and approve a budget adjustment providing for an
additional $40,000.00.
------------------------------------------------------------------------------
---------------------------- -----------------------------------------
Respectfully subm' ,
4th . Julian xecutive Director
Community Redevelopment Agency
GSH/c889-12
RESOLUTION NO. CRA 89-9-s-1
OWNER PARTICIPA
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AN AMENDMENT TO
AN OWNER PARTICIPATION AGREEMENT WITH STROSCHER
PROPERTIES
WHEREAS, the Community Redevelopment Agency of the City of San Juan
Capistrano (the "Agency") is engaged in activities necessary to carry out and implement
the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project
Area; and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into the attached Amendment to the Owner Participation
Agreement (the "Agreement") with Stroscher Properties (the "Participant") toward the
contribution by the Agency for certain Public Improvements to be built on the site (the
"Site"), as described in the Agreement, in the San Juan Capistrano Central
Redevelopment Project Area; and,
WHEREAS, the Participant has submitted to this City copies of said proposed
Agreement in a form desired by the Participant; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) the Agency and this City
Council held a joint public hearing on the Agreement, having duly published notice of
such public hearing and made copies of the proposed Agreement, available for public
inspection and comment; and,
WHEREAS, the Agreement provides for certain Public Improvements, which
are a benefit to the project area and are essential to its development according to the
Redevelopment Plan *the cost of which renders such improvements infeasible without the
financial participation by the Agency; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests of the City of San Juan Capistrano and the health, safety
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano Environmental Review
Board on May 19, 1987, and no modifications to the proposed Site Development have been
made which would require additional environmental Review.
-1-
0
0
NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency of the
City of San Juan Capistrano, as follows:
1. The Agency has received and heard all oral and written objections to the
proposed Agreement and to other matters pertaining to this transaction,
and that all such oral and written objections are hereby overruled.
2. The Agency hereby finds and determines that the public and common
improvements to be financed in part by the Agency are a benefit to the
Project Area and are essential to its development according to the
Redevelopment Plan and that the costs to provide said improvements
would be infeasible without the contribution by the Agency.
The Negative Declaration approved by the City's Environmental Board of
Review on May 19, 1987, adequately considered all environmental
impacts potentially caused by the proposed Site Development as there
are no substantial changes in the proposed development which would
alter the potential caused by the proposed Site Development as there are
no substantial changes in the proposed development which would alter
the potential environmental impact of the project.
4. The Chairman of the Agency is hereby authorized to execute the
Agreement on behalf of the Agency. A copy of the Agreement, when
executed by the Agency, shall be placed on file in the office of the
Secretary of the Agency.
5. The Executive Director of the Agency (or his designee) is hereby
authorized, on behalf of the Agency, to sign all documents necessary and
appropriate to carry out and implement the Agreement and to administer
the Agency's obligations, responsibilities and duties to be performed
under the Agreement, and related documents.
The foregoing resolution was regularly introduced and adopted at a joint
meeting of the City Council of San Juan Capistrano and the Community Redevelopment
Agency duly held on the 5th day of September, 1989.
PASSED, APPROVED, AND ADOPTED this
of September , 1989.
ATTEST:
AGENCY SECRETARY
Sth
day
ENNETH E. FRIESS, CHAIRMAN
-2-
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. CRA 39-9-5-1 adopted by the Board of Directors of the
San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof
held on the 5th day of September , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Playor Hausdorfer
NOES: None.
ABSENT: None.
(SEAL) �c��T'�
MARY ANN NOVER, AGENCY SECRETARY
-3-
•
RESOLUTION NO. 89-9-5-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO AN OWNER PARTICIPATION AGREEMENT WITH STROSCHER
PROPERTIES
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency") is engaged in activities necessary to carry out and implement the
Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area;
and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into the attached Amendment to the Owner Participation
Agreement (the "Agreement") with Stroscher Properties (the "Participant") toward the
contribution by the Agency for certain Public Improvements to be built on the site (the
"Site"), as described in the Agreement, in the San Juan Capistrano Central
Redevelopment Project Area; and,
WHEREAS, the Participant has submitted to this City copies of said proposed
Agreement in a form desired by the Participant; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) the Agency and this City
Council held a joint public hearing on the Agreement, having duly published notice of
such public hearing and made copies of the proposed Agreement, available for public
inspection and comment; and,
WHEREAS, the Agreement provides for certain Public Improvements, which
are a benefit to the project area and are essential to its development according to the
Redevelopment Plan the cost of which renders such improvements infeasible without the
financial participation by the Agency; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests of the City of San Juan Capistrano and the health, safety
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano Environmental Review
Board on May 19, 1987, and no modifications to the proposed Site Development have been
made which would require additional environmental Review.
-1-
�J
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, California, as follows:
The City Council has received and heard all oral and written objections'o
the proposed Agreement and to other matters pertaining to this
transaction, and that all such oral and written objections are hereby
overruled.
2. The City Council hereby finds and determines that the public and
common improvements to be financed in part by the Agency are a
benefit to the Project Area and are essential to its development
according to the Redevelopment Plan and that the costs to provide said
improvements would be infeasible without the contribution by the
Agency.
3. The Negative Declaration approved by the City's Environmental Board of
Review on May 19, 1987, adequately considered all environmental
impacts potentially caused by the proposed Site Development as there
are no substantial changes in the proposed development which would
alter the potential caused by the proposed Site Development as there are
no substantial changes in the proposed development which would alter
the potential environmental impact of the project.
4. The amendment to the original Owner Participation Agreement, is
hereby approved.
5. The City Council hereby authorizes the City Clerk to deliver a copy of
this resolution to the Executive Director and members of the Agency
Board of Directors. A copy of the Agreement, when executed by the
Agency, shall be placed on file in the Office of the City Clerk.
The foregoing resolution was regularly introduced and adopted at a joint
meeting of the City Council of San Juan Capistrano and the Community Redevelopment
Agency duly held on the 5th day of September, 1989.
PASSED, APPROVED, AND ADOPTED this
Of September , 1989.
ATTEST:
5th
day
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-9-5-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
of September , 1989, by the following vote:
AYES: Councilmen Schwartze, Frie-s, Buchheim, Bland and
Mayor Hausdorfer
NOES: None.
ABSENT: None.
(SEAL) z2o
MARY ANrANOVER, CITY CLERK
-3-
n
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange County Judicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
August 17,24,1989
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo, Orange County
California, this .. 24 .... day of Aug 19. 89.....
. .. ......................
»� Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
i
This space is for the County Clerk's Filing Stamp
RECEIVED
Sur 15 11 48 A%'89
CITY CLERK
CITY OF DEPARTMENT
SAN
JUAN rAPSTRANO
Proof of Publication of
NOTICE OF JOINT PUBLIC HEARING
6 0
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON: THURSDAY, AUGUST 17, 1989
THURSDAY, AUGUST 24, 1989
DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - AMENDMENT
TO OWNER PARTICIPATION AGREEMENT
(STROSCHER)
PROOF OF PUBLICATION: Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
i
AUTHORIZED BY:
DATE: August It, 1989
Date of Public Hearing
Date notice published
Date affidavit received
Date notice posted in
designated posting places (3)
Date notice posted on property
Date of mailing notice to
interested parties
Date notice transmitted to
City Manager's Office
- 09/05/89
- 08/17/89
- 08/24/89
- 9/i,54B 7ap�
- 08/17/89
- N/A
- oa/t7/se
- 08/11/89
noticAf •
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE OF JOINT PUBLIC HEARING
NOTICE OF JOINT PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AND THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
NOTICE IS HEREBY GIVEN, that on the 5th day of September, 1989, at 7:00 P.M., in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City
Council of the City of San Juan Capistrano (the "City") and the San Juan Capistrano
Community Redevelopment Agency (the "Agency") will hold a joint public hearing
pursuant to the California Community Redevelopment Law (Health & Safety Code
Section 33000 et seq.) for the purpose of considering the approval of an Amendment to an
existing Owner Participation Agreement (the "Agreement") with Stroscher Properties
originally approved on December 6, 1988. The Amendment provides for an increase of
the reimbursement of funds expended for public improvements associated with the
project.
The proposed Amendment calls for the installation of appropriate on-site lighting to
meet the requirements of the City of San Juan Capistrano and the needs of the public.
The property is located at 31882 Del Obispo Street, San Juan Capistrano.
The purpose of the public hearing is to consider:
1. The proposed Amendment to the Owner Participation Agreement between the
San Juan Capistrano Community Redevelopment Agency and the developer;
and,
2. All evidence and testimony for and against the approval of the Amendment.
At any time not later than the hour aforesaid set for the hearing, any person objecting to
the proposed Amendment or to the regularity of any of the prior proceedings may file in
writing with the City Clerk a statement of his or her objections thereto. Any persons or
organizations desiring to be heard may appear before the Agency and the City Council
and show cause why the Amendment should not be approved. At the aforesaid hour the
City Council and the Agency shall proceed to hear and pass upon all written and oral
objections.
Page 2
Joint Public Hearing
Stroscher
The following documents are available for public inspection and copying during regular
office hours (8:00 A.M. to 5:00 P.M., Monday through Friday) at the office of the City
Clerk and Secretary of the Agency, City Hall 32400 Paseo Adelanto, San Juan
Capistrano, California 92675:
A copy of the proposed Amendment; and,
2. A copy of the original Owner Participation Agreement between the San Juan
Capistrano Community Redevelopment Agency, City of San Juan Capistrano
and the Developer.
Those desiring to be heard in favor of, or in opposition to, this item will be given an
opportunity to do so during such hearing or by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk/Agency
Secretary. For further information, you may contact the City Clerk's Department at
493-1171.
MW
•
FOR OFFICE USE ONLY:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLI ATION
MARY ANN HANOVER, being first duly sworn, deposes and says: That she is
the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on
August 17, 1989, she caused the above Notice to be posted in three (3) public places in
the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on August 17, 1989 and August 24, 1989, the above Notice was published in the
Capistrano Valley News newspaper.
City of San Juan Capistrano,
California
DECEMBER 6, 1988
REGULAR MEETING OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
The Regular Meeting of the Board of Directors of the San Juan Capistrano
Community Redevelopment Agency was called to order by Chairman Friess at 9:42
p.m., in the City Council Chamber.
ROLL CALL PRESENT: Kenneth E. Friess, Chairman
Gary L. Hausdorfer, Vicd Chairman
Lawrence F. Buchheim, Director
Phillip R. Schwartze, Director
ABSENT: Anthony L. Bland, Director
STAFF PRESENT: Stephen B. Julian, Executive Director; Thomas G. Merrell,
Deputy Director; Mary Ann Hanover, Agency Secretary; Robert G. Boone, Finance
Officer; John R. Shaw, City Attorney; William D. Murphy, Director of Public
Works; Thomas L. Baker, Director of Community Services; George Scarborough,
Assistant City Manager; Nancy Bernardi, Recording Secretary.
MINUTES
Regular Meeting of November 15, 1988:
It was moved by Director Hausdorfer, seconded by Director Schwartze, that the
Minutes of the Regular Meeting of November 15, 1988, be approved as submitted.
The motion carried by the following vote:
AYES: Directors Schwartze, Hausdorfer,
and Chairman Friess
NOES: None
ABSTAIN: Director Buchheim
ABSENT: Director Bland
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING OF THE CITY OF SAN JUAN CAPISTRANO AND THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY ON THE PROPOSED OWNER PARTICI-
PATION AGREEMENT FOR PROPERTY LOCATED AT 31882 DEL OBISPO STREET
(STROSCHER PROPERTIES) (600-40)-
12/6/88
600.40)---
12/6/88
Proposal:
In compliance with the Owner Participation Agreement with Stroscher Ranch
Properties, a joint public hearing with the City Council and Community
Redevelopment Agency was held to approve public improvements and funds
to the subject site.
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning
and Development recommending adoption of the resolution approving the
Owner Participation Agreement with Stroscher Ranch Properties defining
the obligations of the Owner and the Agency, and recommending approval of
a budget adjustment providing an additional $165,000 to the Community
Redevelopment Agency Capital Improvement Budget.
Public Hearing:
Notice having been given as required by law, Director Hausdorfer opened
the Public Hearing and, there being no response, closed the Hearing with
the right to reopen at any time.
Approval of Owner Participation Agreement:
It was moved by Director Buchheim and seconded by Chairman Friess that
the following Resolution be adopted:
88-12-6-1, APPROVING OWNER
- STROSCHER RANCH PROPERTIES - A
t:i.OULU'1'1VN V1'' 'TtM ;J" JUAN UPLelb" MANY UOMMUNl'1'T
REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION
AGREEMENT WITH STROSCHER RANCH PROPERTIES
The motion carried by the following vote:
AYES: Directors Schwartze, Hausdorfer,
Buchheim, and Chairman Friess
NOES: None
ABSENT: Director Bland
BOARD ACTIONS
APPROVAL OF WARRANTS (300.30)
It was moved by Director Hausdorfer, seconded by Director Schwartze, and
uanimously carried to approve the List of Demands dated November 17,
1988, in the total amount of $149,230.97.
2. FINANCE OFFICER'S REPORT OF CASH FUND BALANCES (330.50)
It was moved by Director Buchheim, seconded by Director Hausdorfer, and
uanimously carried to approve the Finance Officer's Report of Cash Fund
Balances for the months of June and July, 1988, in the total amounts of
$3,480.74 and $33,639.49, respectively.
-2-
12/6/88
2-
12/6/88
AGENDA ITEM December 6, 1988
TO: Stephen B. Julian, Executive Director
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Joint Public Hearing of the City of San Juan Capistrano and the San
Juan Capistrano Community Redevelopment on the Proposed Owner
Participation Agreement for Property Located at 31882 Del Obispo
Street (Stroscher Ranch Properties)
SITUATION
A. Summary and Recommendation - The Redevelopment Agency Staff has negotiated
an Owner Participation Agreement (OPA) with Stroscher Ranch Properties, owner of
the former Drive -In Theater, for the construction of a neighborhood shopping center
on the site. The OPA provides for the Agency to assist with the cost of public
improvements being done to serve all of Area A. It also includes provisions to
ensure the property owner is reimbursed by the other owners in Area A for the
improvements he is currently making which benefit all the owners. The OPA places
no financial obligations on the City.
The Council is required by Redevelopment Law to hold a joint public hearing with
the Agency and to obtain the Council's approval as it relates to the action being
considered by the agency in approving the OPA. The Staff recommends approval of
the Owner Participation Agreement.
B. Background - Development plans were approved by the Planning Commission at a
Public Hearing on June 23, 1987, for an 80,500 square foot shopping center on the
site of the former Drive -In Theater. The Center will include Marshall's Clothing
Store and Wherehouse Records and Videos as the primary tenants. Grading and
construction began in June, 1988, with the grand opening of the center expected in
the spring of 1989.
An archaeological survey was undertaken, uncovering a portion of the Mission
Orchard wall. The wall is within the area being developed as the main entry street.
An archaeological mitigation plan was approved as part of the Planning Commission
approval of the overall development.
This development is one portion of the overall Area A Master Plan. This Master
Plan requires that all of Area A be developed in a uniform manner, providing the
appearance of a single commercial center. In order to accomplish this, the staff has
been working with the applicant and the other property owners to obtain as much
continuity as possible.
To provide for the common design of Area A, new access was required leading from
Del Obispo to the back two properties. This street will provide access to all of the
properties in Area A. Also required for the overall Area A development are common
sewers, storm drains, and underground utilities.
FOR CITY COUNCIL AGEN . (2,45219
C/
Agenda Item
-2- December 6, 1988
In addition to the public improvements, Stroscher Ranch Properties is also
constructing the commonly -shared infrastructure for Area A. The OPA requires
development of a reimbursement process for the commonly -shared improvements
whereby the other owners, as they develop their individual parcels, are required to
reimburse Stroscher Ranch Properties for these improvements. The formula
determining how much each pays is still being negotiated among the four primary
property owners; however, the OPA provides that the Agency will use its best
efforts to obtain a minimum reimbursement of 65% of the commonly -shared
improvements for Stroscher Ranch Properties.
The OPA provides for $165,000 of Agency assistance toward public infrastructure
improvements being constructed as a part of the project including street widening,
traffic signals, storm drain improvements and a major entry into Area A. The
assistance is recommended to ensure implementation of the Area A Master Plan and
in particular the provision of a new access to the four properties, preservation of a
portion of the orchard wall foundation, and installation of major public
infrastructure improvements on Del Obispo Street. The developer will also be
providing the City with an irrevocable offer to grant a public easement for ingress
and egress over the main access street to the center.
Payment of the $165,000 to the developer will be done in two stages. $65,000 is
proposed to be paid within six working days of execution of the agreement to address
incurred expenses. The $100,000 balance is proposed to be paid upon the issuance of
a Certificate of Completion by the Agency, the execution of a Reciprocal Easement
Agreement between the four property owners and execution of the irrevocable offer
to grant a public easement for ingress and egress over the main access street.
PUBLIC NOTIFICATION
The required legal notices of the public hearing were published on November 10, 1988,
and November 17, 1988, in the Capistrano Valley News. Legally, no other public notice is
required. Thus, there has been no mailing to property owners. However, the other four
primary property owners of Area A have been notified of this hearing. The Downtown
Merchants have also been informed through the City's weekly newsletter.
COMMISSION/BOARD REVIEW RECOMMENDATION
The OPA has not been reviewed by any of the City's boards or commissions.
The proposed site plan of this center has been reviewed by the appropriate boards and
commissions and approved by the Planning Commission on June 23, 1987.
FINANCIAL CONSIDERATIONS
The Agency's assistance for public infrastructure improvements are the responsibility of
the Agency, not the City. The funds will come from future tax increments from the
project; however, the Agency must approve a budget allocation of $165,000 for this
purpose.
Agenda Item
-3- December 6, 1988
Under the terms of this OPA, no expenditures of City funds are required or requested.
No obligation is placed on any City revenues. Expenses incurred for the normal
development review process will be covered by the developer's payment of the normal
City fees.
ALTERNATE ACTIONS
1. Adopt the attached resolution approving the Owner Participation Agreement and
approve the budget adjustment.
2. Do not adopt the resolution.
RECOMMENDATION
By motion, adopt the resolution approving the Owner Participation Agreement with
Stroscher Ranch Properties defining the obligations of the Owner and the Agency, and
approve a budget adjustment providing an additional $165,000 to the CRA Capital
Improvement Budget.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:TT:Ibh
GPL/AI126884
RESOLUTION NO. CRA 88-12-6-1
APPROVING OWNER PARTICIPATION AGREEMENT -
STROSCHER RANCH PROPER i
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH STROSCHER RANCH
PROPERTIES
WHEREAS, the Community Redevelopment Agency of the City of San Juan
Capistrano (the "Agency") is engaged in activities necessary to carry out and implement
the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project
Area;and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into the attached Owner Participation Agreement (the
"Agreement") with Stroscher Ranch Properties (the "Participant") for the contribution by
the Agency toward the construction of certain Public Improvements to be built on the
site (the "Site"), as described in the Agreement, in the San Juan Capistrano Central
Redevelopment Project Area; and,
WHEREAS, the Participant has submitted to this Agency copies of said
proposed Agreement in a form desired by the Participant; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) this Agency and the City
Council held a joint public hearing on the Agreement, having duly published notice of
such public hearing and made copies of the proposed Agreement, available for public
inspection and comment; and,
WHEREAS, the Agreement provides for certain Public and Common
Improvements, which are a benefit to the project area and are essential to its
development according to the Redevelopment Plan the cost of which renders such
improvements infeasible without the financial participation by the Agency; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests of the City of San Juan Capistrano and the health, safety
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano Environmental Review
Board on May 19, 1987, and no modifications to the proposed Site Development have been
made which would require additional environmental review.
NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano
Community Redevelopment Agency, City of San Juan Capistrano, California, as follows:
The Agency has received and heard all oral and written objections to the
proposed Agreement and to other matters pertaining to this transaction,
and that all such oral and written objections are hereby overruled.
-I-
2. The Agency hereby finds and determines that the public improvements to
be financed in part by the Agency are a benefit to the Project Area and
are essential to its development according to the Redevelopment Plan
and that the costs to provide said improvements would be infeasible
without the contribution by the Agency.
3. The Negative Declaration approved by the City's Environmental Board of
Review on May 19, 1987, adequately considered all environmental
impacts potentially caused by the proposed Site Development as there
are no substantial changes in the proposed development which would
alter the potential caused by the proposed Site Development as there are
no substantial changes in the proposed development which would alter
the potential environmental impact of the project.
4. The Chairman of the Agency is hereby authorized to execute the
Agreement on behalf of the Agency. A copy of the Agreement, when
executed by the Agency, shall be placed on file in the office of the
Secretary of the Agency.
5. The Executive Director of the Agency (or his designee) is hereby
authorized, on behalf of the Agency, to sign all documents necessary and
appropriate to carry out and implement the Agreement and to administer
the Agency's obligations, responsibilities and duties to be performed
under the Agreement, and related documents.
PASSED, APPROVED, AND ADOPTED this
of December , 1988.
ATTEST:
6th
KENNETH E. FRIE S, CHAIRMAN
-2-
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, MARY ANN HANOVER, Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. CRA 88-12-6-1 adopted by the Board of Directors of the
San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof
held on the 6th day of December , 1988, by the following votes
AYES: Directors Schwartze, Hausdorfer, Buchheim, and
Chairman Friess
NOES: None
ABSENT: Director Bland
(SEAL)
MARY ANN A OVE , AGENCY SECRETARY-
-3-
ri
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of twenty one years,
and not a party to or interested in the above -entitled
matter. I am the principal clerk of the Capistrano Val-
ley News, a newspaper of general circulation in the City
of San Juan Capistrano, County of Orange, and which
newspaper has been adjudicated to be a newspaper of
general circulation by the Superior Court of the County
of Orange, State of California, June 5, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange and the South Orange County Judicial
District; that the notice, of which the annexed is a true
printed copy, has been published in each regular and
entire issue of said newspaper and not in any supple-
ment thereof on the following dates, to wit:
November 10, 17, 1988
I declare under penalty of perjury that the foregoing is
ture and correct.
Executed at Mission Viejo, Orange County
California,this ... l7.. dayof Nov 19..8.$....
..........
Signature
Capistrano Valley News
23811 Via Fabricante
P.O. Box 3629
Mission Viejo, Calif., 92690
This space is for the County Clerk's Filing Stamp
ItE6ElvEll
FEe 9 2 25 ?4 '82
CITY CLERK
®ETA FARTIRWI1
JW. CxPiSTRM
Proof of Publication of
NOTICEOF PUBLIC HEARING
......................................................
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jody Kolar, Legal
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED:
PROOF OF PUBLICATION:
THURSDAY, NOVEMBER 10, 1988
THURSDAY, NOVEMBER 17, 1988
NOTICE OF JOINT PUBLIC HEARING -
CONSIDERING APPROVAL OF AN OWNER
PARTICIPATION AGREEMENT WITH
STROSCHER PROPERTIES
Please send to:
City Clerk's Department
City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1171
AUTHORIZED BY: , ✓1�-�—
DATE: November 4, 1988
Date of Public Hearing
- 12/06/88
Date notice published
-11/10/88
-11/17/88
Date affidavit received
-2191/89
Date notice posted in
designated posting places (3)
- 11/10/88
Date notice posted on property
- 11/10/88
Date of mailing notice to
interested parties
- 11/10/88
Date notice transmitted to
City Manager's Office
-11/07188
n0 ict*f •
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
JOINT PUBLIC HEARING
OF THE CITY OF SAN JUAN CAPISTRANO AND
THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
NOTICE IS HEREBY GIVEN, that on the 6th day of December, 1988, at 7:00 P.M., in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City
Council of the City of San Juan Capistrano (the "City") and the San Juan Capistrano
Community Redevelopment Agency (the "Agency") will hold a joint public hearing
pursuant to the California Community Redevelopment Law (Health and Safety Code
Section 33000 et.seq.) for the purpose of considering the approval of an Owner
Participation Agreement (the "Agreement") with Stroscher Properties. The Agreement
provides for the reimbursement of funds expended for the projects and/or the repayment
of fees, included but not limited to fees already paid to the City for Sewer Capacity and
System Development.
The proposed plan for the Stroscher Properties project calls for the development of a
80,665 square foot neighborhood shopping center along with various public improvements
at 3L882 Del Obispo Street.
The purpose of the public hearing is to consider:
1. The proposed Agreement between the San Juan Capistrano Community
Redevelopment Agency and the developer; and,
2. All evidence and testimony for and against the Agreement.
At any time not later than the hour aforesaid set for the hearing, any person objecting to
the proposed Agreement or to the regularity of any of the prior proceedings may file in
writing with the City Clerk a statement of his or her objections thereto. Any persons or
organizations desiring to be heard may appear before the Agency and the City Council
and show cause why the Agreement should not be approved. At the aforesaid hour, the
City Council and the Agency shall proceed to hear and pass upon all written and oral
objections.
The following documents are available for public inspection and copying during regular
business hours (8:00 A.M. to S:OOP.M., Monday through Friday) at the office of the City
Clerk and Secretary to the Agency, City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675:
1. A copy of the Agreement among the San Juan Capistrano Community
Redevelopment Agency, the City of San Juan Capistrano and Stroscher
Properties.
2. The Negative Declaration issued by the Environmental Review Board on
May 19, 1987
Joint Public Hearing
Stroscher Properties
Page 2
Those desiring to be heard in favor of, or in opposition to, this item will be given an
opportunity to do so during such hearing or by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk/Agency
Secretary. For further information, you may contact the City Clerk's Department at
493-1171.
12
MARY AN NOV R,
CITY CL K(AGENCY SECRETARY
FOR OFFICE USE ONL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION
MARY ANN HANOVER, being first duly sworn, deposes and says: That she is
the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on
November 10, 1988, she caused the above Notice to be posted in three (3) public places in
the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on November 10, 1988, the above Notice was published in the Capistrano
Valley News newspaper.
MARY ANN HANOVER, CITY CLERK
City of San Juan Capistrano,
California
San ,plan Gapi uanu
Colllul till l ly
Redevelopnu•ni
Agenty
i
'Sshm.
August 24, 1990
Mr. Ted Stroscher
Stroscher Properties
24591 Del Prado, Suite 201
Dana Point, California 92629
Re: Certificate of Completion - Stroscher Properties
Dear Mr. Stroscher:
At their meeting of August 21, 1990, the San Juan Capistrano Community
Redevelopment Agency Board of Directors approved the Owner Participation
Agreement Certificate of Completion for Plaza Del Obispo. The document was
signed by the Agency Executive Director and forwarded to the Orange County
Recorder.
Thank you for your cooperation.
Very truly yours,
Cheryl Johnson
City Clerk
cc: Cassandra Walker
92400 Paseo Adelauw
San Juan Capistrano
California 92675
714-999-1171
August 22, 1990
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
Re: License Agreement- Certificate of Completion
Dear Sir:
The following document is enclosed for recordation:
Certificate of Completion - Stroscher Properties
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-
addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl Jo nson
City Clerk
Enclosure
Document Number
Date
z..n-. .,<11 Incl nr.:-n CAA! IIIANI CAPISTRANO, CALIFORNIA 92675 0 (71e) 493-11"/1
�
Jin
-'
MEMBERS OF THE CI COUNCIL
ANTHONY L.
LAWRENCE F,. BAUCUCHM EIM
KENNETH E. FRIESS
IB6I
GARY L.
!ii76
17.'6
R. SCHWRFER
PHILLIP R. SCHW ART2E
•/� •
CITY MANAGER
LI /
STEPHEN B JULIAN
August 22, 1990
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
Re: License Agreement- Certificate of Completion
Dear Sir:
The following document is enclosed for recordation:
Certificate of Completion - Stroscher Properties
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-
addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl Jo nson
City Clerk
Enclosure
Document Number
Date
z..n-. .,<11 Incl nr.:-n CAA! IIIANI CAPISTRANO, CALIFORNIA 92675 0 (71e) 493-11"/1
9
onuo uae
1a
August 22, 1990
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
JMa,
ISTAI MID 1961
iivv%% 1776
Re: License Agreement - Certificate of Completion- Certificate of Completion
Dear Sir:
The following document is enclosed for recordation:
Certificate of Completion - Stroscher Properties
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R, SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-
addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl Jolinson
City Clerk
Enclosure
Document Number
Date
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171
Page 2
Joint Public Hearing
Paseo Capistrano Ltd. Partnership
2.-A—Summ y Report which describes and specifies:
a. The st of the Agre ent to the,Agency; an ,
b. Thee imated valu of inter st be ed, ermined at tfie highest
uses pe mitted un er the Re n f traI Rede lopment
Project ea; an ,
C. The Negati eclaration issued by the Environmental Review Board on
July 19, 1988.
Those desiring to be heard in favor of, or in opposition to, this item will be given an
opportunity to do so during such hearing or by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. For further
information, you may contact the City Clerk's Department at 493-1171.
MARY ANIq H OVERS
CITY CLERK/AGENCY SECRETARY
Mcg i -f-c'. cOSS 011 b'9q
aL,�q i oo R?a o, ave fe C;') -c) r
San Juan Capistrano
Communitv
Redevetopment
Agency
I
September 7, 1989
Ted Stroscher
Stroscher Properties
24591 Del Prado, Suite 201
Dana Point, California 92629
Re: Owner Participation Agreement - 31882 Del Obispo Street
Dear Ted:
At their meeting of September 5, 1989, the Agency Board of Directors and the
City Council conducted a joint public hearing to consider an amendment to the
existing Owner Participation Agreement for property located at 31882 Del Obispo
Street. Following the hearing, both agencies approved Amendment No. 1 to the
Owner Participation Agreement and approved an additional $40,000 to cover the
cost of your redesign, relocation and improvement in existing street lights and
modifications to the proposed parking lot lighting.
Enclosed for your files is a fully -executed copy of Amendment No. I to the Owner
Participation Agreement and the resolutions of approval of both agencies.
If you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann Hover, CMC
Agency Secretary
MAH/cj
Enclosures
cc: Bob Dolly
Friends of Historic San Juan
Rita Skora
Kerry Keeler
Frank Ducey
Executive Director/City Manager
82400 Paseo Adelanto
San Juan Capistrano
California 92675
714-498-1171
CERTIFICATOF INSURANCE
PRODUCER
SEA COAST INSURANCE
31726 RANCHO VIEJO RD 11213
SAN JUAN CAPISTRANO, CA 92675
CODE
,INSURED
SUB -CODE
STROSCHER PROPERTIES
24591 DEL PRADO 11201
DANA POINT, CA 92629
O/ ��J • _ ISSUE DATE (MM/DD/YY)
5-31-90
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
PE(,tI'IF D
COMPANIES AFFORDING COVERAGE
COMPANY MAY 31 3 5i PM T
LETTER A D.S.F.&F.
C1_1v @rL
COMPANYB UEPIRIKFNI
LETTER Cfly Gf SAN
JUAN "till^,'(RAN,,
COMPANY
C
LETTER
PERSONAL 8 ADVERTISING INJURY
COMPANY
D
LETTER
j
COMPANY
E j
LETTER
MEDICAL EXPENSE (Any one person)
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
i INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !
CO TYPE OF INSURANCE
LTR
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDIYY) DATE (MMIDDIYY)
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
p CLAIMS MADE X OCCUR. IMP 126878576
t A OWNER'S & CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
A SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
A COMMERCIAL UMBRELLA
DESCRIPTION OF
]AB 128545175
128545164
PLAZA DEL OBISPO SHOPPING CENTER
ITEMS
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE
$ 1,000,
PRODUCTS-COMP/OPS AGGREGATE $
PERSONAL 8 ADVERTISING INJURY
$ 1,000,
6- 15-90 6-15-9 1
EACH OCCURRENCE
$ 1,000,
FIRE DAMAGE (Any one fire)
$ 50,
MEDICAL EXPENSE (Any one person)
$ 5,
COMBINED
SINGLE $ 1,000,
LIMIT
BODILY
NJURY
6-15-90 6-15-91 (Per person) $
BODILY
INJURY $
(Per acoldem)
PROPERTY $
DAMAGE
EACH
AGGREGATE
OCCURRENCE
$ E
STATUTORY
C-15-90 6-15-91 $3,000,000.
(EACH ACCIDENT)
(DISEASE—POLICY LIMIT)
(DISEASE—EACH EMPLOY
kDDRITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO 10 DAY NON -PAY
THE SAN JUAN CAPISTRANO REDEVELOPMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
AGENCY S THEIR RESPECTIVE OFFICERS, MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
AGENTS S EMPLOYEES LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
32400 PASEO ADELANTO LIABILITY OF A IND UPON OMPANY, ITS AGENTS OR REPRESENTATIVES.
SAN JUAN CAPISTRANO CA 92675 - --_ -LC),y}yg.-E
r AU 12ED PflESE AT
ATTN: DAWN SHANDERL
CORD, CORPORATION 19E
LJ
MEMORANDUM
TO: Cass Walker
9
FROM: Cheryl Johnson
DATE: August 16, 1989
SUBJECT: Public Hearing on Stroscher's OPA Amendment
Here's a list of people who have requested notification of actions in AREA A and
who should get a copy of the staff report when we do the agenda mailings:
Bob Dolly
P. O. Box 444
Tustin, CA 92681
Friends of Historic San Juan
P. O.Box 1645
San Juan Capistrano, CA 92693
Rita Skora
31942 Paseo de Elema
San Juan Capistrano, CA 92675
Kerry Keeler
27921 Via Estancia
San Juan Capistrano, CA 92675
Frank Ducey, President
California Mission Studies Association
P. O. Box 433
San Juan Capistrano, CA 92693
ACO R". CERTIFICAM O INSURANCE V ISSUE DATE (MM/DD(YYI
01/12/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO R GHTS UPON THE CERTIFICATE HOLDER. THIS DOES
FRED S. JAMES & CO. of CALIF. EXTEND OR ALTER THE COVERAGE AFFORDED BY HERTIFICATE POLIICIES BELOW NOT AMEND,
505 SANSOME STREET 10TH FLOOR
P.O. BOX 7601 COMPANIES AFFORDING COVERAGE
SAN FRANCISCO, CA 94120
CODE 400 CGC SUB -CODE
INSURED
COLLINS GENERAL CONTRACTORS
% Collins Development Company
11750 Sorrento Valley Road #209
San Diego, CA 92121
LETTER Y A Aetna Life and Casualty Company
LEETTEq Y B Argonaut Insurance Company
COMPANY
LETTER C
COMPANY
LETTER D
COMPANY
LETTER E
rcnnMlca
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
X OWNER'S & CONTRACTOR'S PROT.
POLICY NUMBER
05GL5000990SCA
= Per Location
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDONY) DATE (MMIDDIYY)
01/01/89 01/01/90
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE $ 1,000,
PRODUCTS-COMP/OPS AGGREGATE $ 1,000f,
PERSONAL & ADVERTISING INJURY $ 1,000,
EACH OCCURRENCE S 1,000,
FIRE DAMAGE (Any one fire) $ 1,0009
MEDICAL EXPENSE (Any one person) $ 51
AUTOMOBILE LIABILITY
COMBINED
SINGLE
$ 1'000'
X ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY
05FJ690257SCA 01/01/89 01/01/90 INJURY
$
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY
NJURY
If
X NON -OWNED AUTOS
(par accident)
GARAGE LIABILITY
PROPERTY
DAMAGE
$
EXCESS LIABILITY
X
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
05XS598407SCA
WC -76-486-210960
01/01/89 01/01/90
01/01/89 01/01/90
OMER
A PROPERTY - "All Risk"
including Earthquake & 05MO12242SCA 01/01/89 01/01/90
(EQ/Flood Deductible 5% with $500,000 minimum Quake; $100,000 Flood)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
EACH AGGREGATE
OCCURRENCE
$101000, $ 10,000,
STATUTORY
$ 1,000, (EACH ACCIDENT)
$ 1,000, (DISEASE—POLICY LIMIT)
$ 1,000, (DISEASE—EACH EMPLO`
BUILDING:
RENTS :
AOP DED.: $10,000
Plaza Del Obispo, NEC Del Obispo & Paseo Capistrano Street, San Juan Capistrano, CA (88-121)
The certificate holder is named as additional insured under the policy provisions.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Building Department MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
32400 Paseo Adelanto LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
San Juan Capistrano, CA 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZ EPRESENTATIVE
ACORD 25-S (31881 ��� � � CACORD CORPORATION 1988
a
m
n
m
{
m
cs
PRODUCER
SEA COAST INSURANCE .AGENCY
31726 RANCHO VIEJO RD 11213
SAN JUAN CAPISTRANO, CA 92675
INSURED
STROSCHER PROPERTIES
24591 DEL PRADO 11201
DANA POINT, CA 92629
ice..
FHIS CERTIFICATE IS ISSUED AS A IAATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON "HE CERTIFICATE HOLDER. THIS CIERTIFK:ATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
CO'APANY
A
LE- TER
PDLICY EXPIPATION
DATE (MMDD/M
CC APANY
s
LE' TER
GENERAL
CO IPANY
C
LEI TER
ANY AUTO
CO,IPANY
D
LEI FER
(PER PERSIA
COLIPANY
E
LEI FER
X
U.S.F.&G.
INSUREDS: CITY OF SAN JUAN CAPISTRAND, THE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
SAN JUAN CAPISTRANO REDEVEIAPMQQI AMCY PIIAATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 70
& THEIR RES E DFFICFf> AGENTS & MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LETT, BUT FAILURE TO CH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY
II7PLOYEES OF ANY IND UPON THE COM ITS AGENTS OR REPRESENTATIVES.
32400 PASEO ADELANIO AUTFI4RIZE REPRESAIN
THIS IS TO CERTIFY THAT POLICIES OF NSURANCE LISTED BELOW HAVE IIEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REOUIREMENI , TERM OR CONDITION OF ANY CI?NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSU •LANCE AFFORDED BY THE POLIC ES DESCRIBED HEPEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DCNY)
PDLICY EXPIPATION
DATE (MMDD/M
LIABILITY
.
LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
GENERAL
LIABILITY
ANY AUTO
(PER PERSIA
BODILY"
".
X
COMPREHENSIVE FORM
INJURY
$
$
X
PREMISES(OPERATIONS
ALL OWNED AUTOS (OTHER
THERP SAN)
PROPERTY
TER PCODEN!)
$PRIV
UNDERGROUND
HIRED AUTOS
DAMAGE
$
$
EXPLOSION A COLLAPSE HAZARD
NDN -OWNED AUTOS
X
PRODUCTS/COMPLETED OPERATIONS
CP 10308092301
6-16-88
6-16-89
IN,
X
CONTRACTUAL
COMB NED
$ 1,000,
$1,000,
X
INDEPENDENT CONTRACTORS
BI 8
BROAD FORM PROPERTY DAMAGE
BPO I
COMBINED
$
X
PERSONAL INJURY
PERSONAL
INJURY
1$1,000,
oes�rBOVENPOLICYTICONPAINSNAIWAIVE: OFLSUBROGATION ENDORSEMENT FOR THE BENEFIT OF THE CITY OF
SAN JUAN CAPISTRANO 6 THE SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY.
�ATIVE 1 � .
AUTOMOBILE
LIABILITY
EMILY
ANY AUTO
(PER PERSIA
$
".
ALL OWNED AUTOS (PRIV. PASS.)
ONLYlum
i*s
ALL OWNED AUTOS (OTHER
THERP SAN)
TER PCODEN!)
$PRIV
HIRED AUTOS
NDN -OWNED AUTOS
PROPERTY
DAMAGE
$'
}"msA_','
IN,
GARAGE LIABILITY
BI 8
BPO I
COMBINED
$
EXCESS LIABILITY
A
UMBRELLA FORM
COMBINED
$ 3, OOO
$ 3,000,
ULC ]07$$91$$00
7-]-$$
6-16-89
f
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS' COMPENSATION
$ (EACH ACCIDENT)
AND
$ (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
���`j
oes�rBOVENPOLICYTICONPAINSNAIWAIVE: OFLSUBROGATION ENDORSEMENT FOR THE BENEFIT OF THE CITY OF
SAN JUAN CAPISTRANO 6 THE SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY.
�ATIVE 1 � .
San Juan Capistrano
Community
Redevelopment
Agency
5
December 12, 1988
Mr. Ted Stroscher
Stroscher Ranch Partnership
24591 Del Prado, Suite 201
Dana Point, California 92629
Re: Owner Participation Agreement - Stroscher Properties
Dear Mr. Stros yf * i
At their regular meeting of December 6, 1988, the San Juan Capistrano
Community Redevelopment Agency Board of Directors conducted a joint public
hearing with the City Council to consider approval of an Owner Participation
Agreement in conjunction with development of a neighborhood shopping center
located at 31882 Del Obispo Street. Following that hearing, the Board approved
the Agreement by the adoption of Resolution No. CRA 88-12-6-1 and authorized
the Chairman of the Board of Directors to execute the Agreement on behalf of
the Agency.
A copy of the Resolution and a fully -executed copy of the Agreement are enclosed
for your files. If you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann over, CMC
Agency Secretary
MAH/cj
Enclosures
cc: Robert Dolley
Charles Johnson
Shirley Yu
Deputy Director
82400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
0
name
Ted Stroscher
32101 Cook Lane
San Juan Capsitrano, CA 92675
Jim Wood
Wood Investments
19700 Fairchild, Suite 240
Irvine, CA 92715
Mr. Robert Dolley
Seaside Ranchos
P.O. Box 444
Tustin, CA 92680
Mr. Charles Johnson
Capistrano Gardens Nursery
32136 Miguelito Road
San Juan Capistrano, CA 92675
Ms. Shirley Yu
Paseo Capistrano Ltd. Partnership
14 Coldbrook Road
Irvine, CA 92714
0
0 0
STROSCHER OPA MAILING LIST
1. Ted Stroscher
32101 Cook Lane
San Juan Capistrano, CA 92675
2. Jim Wood
Wood Investments
19700 Fairchild Suite 240
Irvine, 92715
Mr. Robert Dolley
SEASIDE RANCHOS
P.O. Box 444
Tustin, CA 92680
Mr. Charles Johnson
CAPISTRANO GARDENS NURSERY
32136 Miguelito Road
San Juan Capistrano, CA 92675
Ms. Shirley Yu
PASEO CAPISTRANO LTD. PARTNERSHIP
14 Coldbrook Road
Irvine, CA 92714