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CAPISTRANO VALLEY WATER DIST (3)a a AMENDMENT TO COOPERATION AGREEMENT BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO THIS AMENDMENT to the Cooperation Agreement is made and entered into this 19th day of May, 1992, by and between CAPISTRANO VALLEY WATER DISTRICT hereinafter referred to as the "DISTRICT," and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as the "AGENCY." WITNESSETH: WHEREAS, District and Agency entered into a Cooperation Agreement dated March 5, 1985; and WHEREAS, in Section VI of the Cooperation Agreement, it is stated that the interest rate to be charged to the Agency for its indebtedness to the District is twelve percent (12%) per annum or the maximum rate allowed by law, whichever is less; and WHEREAS, due to changes in economic conditions, the twelve percent (12%) per annum interest rate now being charged on the Agency's indebtedness to the District, is no longer appropriate. NOW, THEREFORE, the District and the Agency agree that the Cooperation Agreement dated March 5, 1985, shall be amended as follows: Section VI is hereby amended to read: The obligation of Agency under this Agreement shall constitute an indebtedness of Agency within the meaning of California Community Redevelopment Law Sections 33670, at seq., to be paid to the District by Agency with interest at a rate adjusted at the end of each calendar year applicable for the next calendar year based on the December interest rates paid to the District through the Local Agency Investment Fund (LAIF), or the maximum rate allowed by law, whichever is less. This amendment shall be effective April 1, 1992 based upon the LAIF interest rates earned in December 1991. Annual payment of interest shall commence no later than July 1, 1994, providing debt service funds are available in excess of that needed to service existing debt. 2. All other provisions, terms, and conditions of the subject Cooperation Agreement shall remain unchanged and in full force and effect. lb i IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Cooperation Agreement to be executed the day and year first above written. r "DISTRICT" _ CAPISTRANO VAL Y, rATER DISTRICT CHAIRMAN OF THE BOARD "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY SAN JUAN API AND CHAIRMAN AP` OVE? T F !/ Agency Attorney - - REDEVAMN. RECEIVED COOPERATION AGREEMENT BY A AND BETWEEN THE CAPISTRANO VALLEY MAR 27 iI 37 POUR DISTRICT AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO CITY CLERK CEPAFJMFNT ��ll�h/C�iTY'" ".'.N TEllS COOPERATION AGREEMENT is entered into this 5-6 day of %i%cutic� , 1985, by and between the CAPISTRANO VALLEY WATER DISTRICT (the "District") and the R$DEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO (the "Agency"). RECITALS A. The City of San Juan Capistrano (the "City") has previously activated the Agency upon completion of appropriate legal proceedings therefor. The Agency is proceeding to implement the Redevelopment Plan for the Downtown Center Redevelopment Project (the "Project"). B. The City and the Agency have undertaken proceedings to amend the Project Area for the Project to, among other things, add that real property described as Tentative Tract Map 12276, City date-stamped September 12, 1984, (the "Site"), which amendment, together with this Agreement, will promote development of the Site. C. It is anticipated that the development of the Site will increase the tax base of the District, thereby reducing the tax burden upon property owners within the District whose properties are taxed to retire the bonded indebtedness of the District. AGREEMENTS CRf"rinm I The District agrees that, contingent upon execution of an agreement by Agency and the developer of the Site providing for assumption by Agency of the obligation to pay District fees required by development of the Site, the District shall defer receipt of its fees for the Site development as set forth in Section II of this Agreement. SECTION H G The District has reviewed its financial obligations resulting from the development of the Site, and has determined that District fees required to meet the immediate obligations of the District resulting from the development of the Site, in the amount of $93,575.00, shall not be deferred. Fees not required to meet such immediate obligations of the District, in the amount of $413,491.75, shall be deferred by the District pursuant to Section III of this Agreement. SECTION III The District agrees to defer receipt of those Site fees not required to meet the immediate obligations of the District as provided by Section II of this Agreement until such time as the Agency reasonably determines that it has the sufficient funds to repay in whole or in part such indebtedness to the District. The District agrees that, upon request therefor by the Agency, it shall subordinate the deferred fees referred to in Section II to all other indebtedness heretofore or hereafter incurred by the Agency. SECTION IV The District will keep records of fees deferred pursuant to this Agreement and costs thereof in order that an accurate record of Agency's liability to the District can be ascertained. The District shall, not later than August 1st of each year, submit to Agency a statement of amounts due to the District pursuant to this Agreement. curmrnx v Agency agrees to reimburse the District for amounts due pursuant to this Agreement from and to the extent that funds are available to Agency for such purpose pursuant to California Health and Safety Code Seciton 33670 or from other sources; provided, however that Agency shall have the sole and exclusive right to pledge any such sources of funds to the repayment of other indebtedness incurred by Agency in carrying out the redevelopment project. The costs and deferrals of the District under this Agreement will be shown on statements submitted to Agency pursuant to Section IV above. - 2 - SECTION VI The obligations of Agency under this Agreement shall constitute an indebtedness of Agency within the meaning of California Community Redevelopment Law Sections 33670, et seq., to be paid to the District by Agency with interest at twelve percent (12%) per annum or the maximum rate allowed by law, whichever is less. Annual payment of interest shall commence not later than January 1, 1990, consistent with Agency's financial ability to make such payments. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: i Clerk E. Phillip Hale ATTEST: creta Mary Ann anover CAPISTRANO VALLEY WATER DISTRICT 4:rman Gary L. Hausdorfer REDEVELOMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO By: -3- APPROVED AS TO FORM: Tom- Clark,—Ager/ y Counsel Linda Lambell &C -ORD. CERTIFICA*OF LIABILITY INSURA E GATE( 6j30/2000000 YY) PRODUCER (714) 429-5500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION D.L.D. Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 695 Town Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Suite 700 Costa Mesa CA 92626- INSURED William Lyon Property Management INSURERAI National Surety Corporation Company INSURERS Firemans Fund Ins. Co. 4901 Birch StreetINSURERc NSURER D COMMERCIAL GENERAL LIABILITY Newport Beach CA 92660 INSURER COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILRY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY DXX80763124 7/1/2000 7/1/2001 FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 17 POLICY PROJFr,T X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Peraccidenp GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACG $ ANY AUTO AUrO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B X] OCCUR CLAIMS MADE XYZ00075083543 7/1/2000 7/1/2001 AGGREGATE s 5,000,000 $ X DEDUCTIBLE RETENTION $0 $ WORKERS COMPENSATION AND WC STATU- OTH- T T EMPLOYERS' LIABILRY - E EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMITSMr OTHER r— C G CD DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS '^ 1rn �' O r3.ty Named Insured: WLBD (San Juan Capistrano) Associates, a California limited partnership, RE: Capistrano Pointe Apartments, 26451 Camino �E CIiSI`a, San ZIfn Capistrano, CA, See Attached Additional Insured Form CG20261185. O City of San Juan Capistrano thereof,the issuingcompany willendeavorto all 30 days written notice to the certif holder named to the left. But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 32400 Paseo Adelanto San Juan Capistrano CA 92675- ACORO 25-S (7/97) 1988 9 0 POLICY NUMBER DXX80763124 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Location: Capistrano Pointe Apartments 26451 Camino De Vista San Juan Capistrano, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least len (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75-S (1/98) --� 2. RESTATEMENT OF INTEREST RATE ON NOTE BETWEEN AGENCY AND Written Communication: Report dated May 19, 1992, from the Finance Officer, recom- mending that the Cooperation Agreement with the Capistrano Valley Water District be amended to set the interest rate at whatever rate is earned on Community Redevelopment Agency funds on deposit in the State of California Local Agency Investment Fund (L.A.I.F.). The Agreement was entered into in 1985 to defer receipt of fees for the William Lyon project from the Agency to assist the Agency in implementing the plan for the Historic Town Center. It was moved by Director Hausdorfer, seconded by Director Jones, and unanimously carried that the Amendment to the Capistrano Valley Water District Cooperation Agreement be approved deferring the receipt of fees by the Water District and setting the interest rate at whatever rate is earned on Community Redevelopment Agency funds on deposit in the State of California Local Agency Investment Fund (L.A.I.F.). The rate will be adjusted on January 1 of each calendar year, and that rate shall be applicable for the next 12 -month period. CLOSED SESSION None. There being no further business before the Board, the meeting was adjourned at 8:11 p.m. to the next regular meeting date of Tuesday, June 2, 1992, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHNSON, AGENCY SECRETARY ATTEST: KENNETH E. FRIESS, CHAIRMAN -2- 5/19/92 0 0 AGENDA ITEM: TO: Stephen B. Julian, Executive Director FROM: David P. Bentz, Finance Officer May 19, 1992 SUBJECT: Amendment to Capistrano Valley Water District Cooperation Agreement ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ RECOMMENDATION: Approve the amendment setting the interest rate at whatever rate is earned on Redevelopment Agency funds on deposit in the State of California Local Agency Investment Fund (L.A.I.F.). The rate is adjusted on January 1 of each calendar year and that rate shall be applicable for the next twelve month period. SITUATION: In March 1985, the Water District and the Redevelopment Agency entered into a Cooperation Agreement (copy attached) to defer receipt of fees for the William Lyon project from the Agency to assist the Agency in implementing the Redevelopment Plan for the Downtown Center Redevelopment Project. COMMISSION/BOARD REVIEW RECOMMENDATION: This item is scheduled for approval by the Board of Directors of the Capistrano Valley Water District on May 19, 1992. FINANCIAL CONSIDERATIONS: The current interest rate on the agreement is 12% and is excessive in light of the current interest rates ranging from a low of 4% to a high of 5%. The estimated savings to the Agency over a twelve month period is approximately $38,500. The interest rate that will be applicable to the agreement, if this amendment is approved, is 6.318% for the calendar year 1992. NOTIFICATION: Capistrano Valley Water District ALTERNATE ACTIONS: 1. Refer to staff for further information. 2. Do not approve FOR CRY COUNCIL AGEND� 7 7 0 0 AGENDA ITEM -2- May 19, 1992 RECOMMENDATION: By motion, approve the amendment setting the interest rate at whatever rate is earned on Redevelopment Agency funds on deposit in the State of California Local Agency Investment Fund (L.A.I.F.). The rate is adjusted on January 1 of each calendar year and that rate shall be applicable for the next twelve month period. Respectfully submitted, VDa � DPB:ja RECEIVED COOPERATION AGREEMENT BY A AND BETWEEN THE CAPISTRANO VALLEY MAR 27 ') 3AGBRDISTRICT OF THECITY OF SAN JUAN CAPISTRANO CITY CLLR✓. C`.FAFk °4T Ti6'COOPERATION AGREEMENT is entered into this ,Sib day of ?)l,i1-CiL , 1985, by and between the CAPISTRANO VALLEY WATER DISTRICT (the "District") and the REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO (the "Agency"). RECITALS A. The City of San Juan Capistrano (the "City") has previously activated the Agency upon completion of appropriate legal proceedings therefor. The Agency is proceeding to implement the Redevelopment Plan for the Downtown Center Redevelopment Project (the "Project"). B. The City and the Agency have undertaken proceedings to amend the Project Area for the Project to, among other things, add that real property described as Tentative Tract Map 12276, City date-stamped September 12, 1984, (the "Site"), which amendment, together with this Agreement, will promote development of the Site. C. It is anticipated that the development of the Site will increase the tax base of the District, thereby reducing the tax burden upon property owners within the District whose properties are taxed to retire the bonded indebtedness of the District. SECTION I The District agrees that, contingent upon execution of an agreement by Agency and the developer of the Site providing for assumption by Agency of the obligation to pay District fees required by development of the Site, the District shall defer receipt of its fees for the Site development as set forth in Section II of this Agreement. SECTION II The District has reviewed its financial obligations resulting from the development of the Site, and has determined that District fees required to meet the immediate obligations of the District resulting from the development of the Site, in the amount of $93,575.00, shall not be deferred. Fees not required to meet such immediate obligations of the District, in the amount of $413,491.75, shall be deferred by the District pursuant to Section III of this Agreement. The District agrees to defer receipt of those Site fees not required to meet the immediate obligations of the District as provided by Section II of this Agreement until such time as the Agency reasonably determines that it has the sufficient funds to repay in whole or in part such indebtedness to the District. The District agrees that, upon request therefor by the Agency, it shall subordinate the deferred fees referred to in Section II to all other indebtedness heretofore or hereafter incurred by the Agency. SECTION IV The District will keep records of fees deferred pursuant to this Agreement and costs thereof in order that an accurate record of Agency's liability to the District can be ascertained. The District shall, not later than August 1st of each year, submit to Agency a statement of amounts due to the District pursuant to this Agreement. SECTION V Agency agrees to reimburse the District for amounts due pursuant to this Agreement from and to the extent that funds are available to Agency for such purpose pursuant to California Health and Safety Code Seciton 33670 or from other sources; provided, however that Agency shall have the sole and exclusive right to pledge any such sources of funds to the repayment of other indebtedness incurred by Agency in carrying out the redevelopment project. The costs and deferrals of the District under this Agreement will be shown on statements submitted to Agency pursuant to Section IV above. -2- • SECTION VI The obligations of Agency under this Agreement shall constitute an indebtedness of Agency within the meaning of California Community Redevelopment Law Sections 33670, et seq., to be paid to the District by Agency with interest at twelve percent (12%) per annum or the maximum rate allowed by law, whichever is less. Annual payment of interest shall commence not later than January 1, 1990, consistent with Agency's financial ability to make such payments. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: Clerk V L. Phillip Hale CAPISTRANO VALLEY WATER DISTRICT firman Gary L. Hausdorfer REDEVELOMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO L-9 I ATTEST: APPROVED AS TO FORM: --y Agency rear i Yom Clark, g y Counsel Mary Ann anover -3- q3 Written Communications: (1) Report dated March 5, 1985, advising that slight changes were expected in the agreement with the Water District, and forwarding copies of the reports submitted"February 19, 1985. (2) Revised "Cooperation Agreement by and Between the Capistrano Valley Water District and the Redevelopment Agency" advising that District fees required to meet the immediate obligations of the District resulting from the development of Tract 12276, in the amount of $93,575, shall not be deferred. Fees not required to meet such immediate obligations of the District, in the amount of $413,491.75, shall be deferred until such time as the Community Redevelopment Agency determines it has sufficient funds to repay in whole or in part such indebtedness. It was moved by Director Hausdorfer, seconded by Director Bland and unanimously carried to approve the Participation Agreement between the Redevelopment Agency and WLBD (San Juan Capistrano) Associates. The Chairman and Secretary were authorized to execute the Agreement on behalf of the Agency. Adoption of Resolution Approving Cooperation Agreement with City of San Juan Capistrano: It was moved by Director Hausdorfer, seconded by Director Bland that the following Resolution be adopted: NO. CRA AUREEMENT WITH CITY - A "bULUTIUN UP' THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Directors Friess, Bland, Hausdorfer, Buchheim, and Chairman Schwartze NOES: None ABSENT: None The Resolution authorized the Chairman to execute the agreement on behalf of the Agency. Adoption of Resolution Approving Agreement with Capistrano Valley Water District: Citing a conflict of interest, Director Buchheim advised he would abstain from action on this item. It was moved by Director Hausdorfer, seconded by Director Friess that the following Resolution be adopted: R El 6 A REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE CAPISTRANO VALLEY WATER DISTRICT The motion carried by the following vote: AYES: Directors Friess, Bland, Hausdorfer, and Chairman Schwartze NOES: None ABSTAIN: Director Buchheim ABSENT: None The Resolution authorized the Chairman to execute the agreement on behalf of the Agency. Director Buchheim returned to the dais and resumed his duties. San Juan Capistrano Community Redevelopment Agency a ' March 8, 1985 Capistrano Valley Water District 31241 Andres Pico Road P. 0. Box 967 San Juan Capistrano, California 92693 Re: Resolution No. CRA 85-3-5-2 Cooperation Agreement Gentlemen: The Community Redevelopment Agency of the City of San Juan Capistrano at its regular meeting held March 5, 1985, adopted Resolution No. CRA 85-3-5-2 approving a Cooperation Agreement between the Community Redevelopment Agency and Capistrano Valley Water District. Enclosed is a fully executed copy of the Cooperation Agreement and a copy of Resolution No. CRA 85-3-5-2 for your records. Thank you for your cooperation. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN HANOVER, CMC Agency Secretary MAH/mac Enclosures cc: Executive Director Deputy Director Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 3 0 San Juan Capistrano Community Redevelopment Agency March 8, 1985 Tom Clark Stradling, Yocca, Carlson & Rauth P. 0.. Box 7680 Newport Beach, California 92660-0680 a Re: Community Redevelopment Agency Agreements Dear Mr. Clark: Enclosed are several agreements which require your signature as Agency Counsel of the Community Redevelopment Agency. A yellow clip is attached on those pages requiring your signature. After signing, please remove the yellow clips and forward as follows: 32400 Paseo Adelanto San Juan Capistrano California 92675 114-493-11-11 (1) Two copies of the Cooperation Agreement between the City of San Juan Capistrano and the Community Redevelopment Agency. Please sign each copy and return them both to this office in the enclosed envelope. (2) Two copies of the Cooperation Agreement between the Capistrano Valley Water District and the Community Redevelopment Agency. One copy is to be returned to this office after you sign and is attached to our return envelope. The second copy is to be forwarded to the Capistrano Valley Water District and is enclosed with a cover letter and envelope to them. After signing this copy, please forward it to the Water District. 1 41. 6 Tom Clark, Agency Counsel -2- March 8, 1985 (3) Two copies of the Participation Agreement between the Agency and WLBD (San Juan Capistrano) Associates. Please forward both copies to the William Lyon Company with the enclosed cover letter and envelope. Thank you .for your cooperation. If you have any questions, please don't hesitate to call my office and speak with my Deputy, Mary Carlson. Very truly yours, gay aivxX� MARY ANN HANOVER, CMC Agency Secretary MAH/mac Enclosures cc: Agency Director Deputy Director Director of Administrative Services 0 • TO: Stephen B. Julian, Agency Director Tom Merrell, Deputy Director Bob Boone, Director of Administrative Services FROM: Mary Ann Hanover, Agency Secretary DATE: March 8, 1985 SUBJECT: Attached are copies of letters to Tom Clark, the Capistrano Valley Water District, and the William Lyon Company. When all copies of the agreements are returned to this office, copies of the Resolutions and fully executed Agreements will be forwarded to you. MARY ANN HANOVER MAH/mac Attachments RESOLUTION NO. CRA 85-3-5-2 APPROVING COOPERATION AGREEMENT WITH CAPISTRANO VALLEY WATER DISTRICT A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE„CFISTRANO VALLEY WATER DISTRICT WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the "Agency") is authorized to carry out redevelopment activities pursuant to the Downtown Center Redevelopment Project (the "Project"); and, WHEREAS, the Agency purposes to enter into an agreement with WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California limited partnership (the "Participation Agreement") which provides for the development of certain housing resources in furtherance of the Redevelopment Plan for the Project; and, WHEREAS, the Capistrano Valley Water District (the "District") is agreeable to deferring its receipt of fees to facilitate the implementation of the Project; and, WHEREAS, provisions for the payment by the Agency of those fees deferred by the District are set forth in the Cooperation Agreement by and between the Community Redevelopment Agency of the City of San Juan Capistrano and the Capistrano Valley Water District (the "District Agreement"), which is attached hereto, marked Exhibit "A," and is incorporated herein by reference. NOW, THEREFORE, the Community Redevelopment Agency of the City of San Juan Capistrano does hereby resolve as follows: SECTION 1. The District Agreement is approved. The Chairman is hereby authorized and directed to execute the District Agreement substantially in the form attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this March 1 1985. ATTEST: ia , 5th day of -1- r 0 2. 0 These items were continued from the meeting of February 19, 1985. CRA 31s�� • 0 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM March 5, 1985 TO: Stephen B. Julian, Executive Director FROM: Pamela Gibson, Senior Administrative Assistant SUBJECT: Resolutions / Agreements - Payment of Development Fees SITUATION: The resolutions and agreements pertaining to this item were provided as supplements to Council packets at the last meeting. Slight changes are expected in the agreement between the Community Redevelopment Agency and the Capistrano Valley Water District. There also may be a change in the Participation Agreement between the CRA and WLBD (San Juan Capistrano) Associates. These changes will be submitted prior to the meeting. Respectfully submitted, Pamela Gibson PHG:cj Copies of the Participation Agreement are available in the City Clerk's Department. CIQA B.�q,b,c Sao Juan Capistrano Co nmunits Redeeelupment Agcnc� February 21, 1985 Mr. John Markley William Lyon Company P. O. Box 7520 Newport Beach, California 92660 Re: Payment of Development Fees Dear Mr. Markley: The Community Redevelopment Agency of the City of San Juan Capistrano at its regular meeting held February 19, 1985, continued action on the following items to the meeting of March 5, 1985: a. Participation Agreement between the Community Redevelopment Agency and WLBD (San Juan Capistrano) Associates b. Resolution approving an Agreement between the Community Redevelopment Agency and the City of San Juan Capistrano C. Resolution approving an Agreement between the Community Redevelopment Agency and Capkatrane Valley Water District The City Council at its meeting held the same evening continued action on the Resolution regarding Deferral of Receipt of Fees (WLBD Associates) and the Agreement with the Community Redevelopment Agency to the meeting of March 5, 1985. Copies of the agendas and staff reports will be forwarded to you prior to the March 5, 1985, meetings. 32400 Pax -o Adelanto San Juan Capistrano California 92675 719-993-1171 J William Lyon Comp -2- •ebruary 21, 1985 If you have any questions, please don't hesitate to call. Very truly yours, �`Zv elw n MARY ANN HANOVER, CMC City Clerk MAH/mac cc: City Manager Capistrano Valley Water District 4. RES.QLU "W APPROVING AGREEMENT BETWEEN THE AGENCY AND TH, Written Communications: (1) Report dated February 19, 1985, from the Executive Director, forwarding a Cooperation Agreement between the Agency and the Capistrano Valley Water District, providing for the Agency to receive all fees normally paid to the District in conjunction with the WLBD (San Juan Capistrano) Associates project, and guaranteeing that the fees will be paid to the District as needed. Interest in the amount of 128 will be paid to the District. The amount of funds which will be paid to the Agency totals $430,891.75, and include: water storage fee, $14,611.75; capital improvement fee, $398,880; and, plan check fee, $17,400. (2) Memorandum dated February 19, 1985, from the Executive Director, requesting this item be continued to the meeting of March 5, 1985. Continuance of Item: It was moved by Director Hausdorfer, seconded by Director Buchheim, and unanimously carried to continue this item to the meeting of March 5, 1985. AGENDA ITEM February 19, 1985 TO: Board of Directors, Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: Resolution Approving an Agreement Between the Community Redevelopment Agency and the Capistrano Valley Water District SITUATION: The Cooperation Agreement between the Community Redevelopment Agency and the Capistrano Valley Water District is attached for your review. The agreement provides for the Agency to receive all fees normally paid to the Water District, but guarantees that the fees will be paid to the District as needed. The Executive Director of the Community Redevelopment Agency and the General Manager of the Water District will meet to discuss the District's immediate requirements and these funds will not be retained. Funds paid to the District will include interest at 12 percent. FINANCIAL CONSIDERATIONS: The amount of funds which will be paid to the Community Redevelopment Agency total $430,891.75 and include: water storage fee - $ 14,611.75 capital improvement fee - $398,880.00 plan check fee - $ 17,400.00 COMMISSION/BOARD REVIEW AND RECOMMENDATION: Not applicable. ALTERNATIVE ACTION: 1. Adopt the resolution approving an agreement between the Community Redevelopment Agency and the Capistrano Valley Water District and authorize those parties so designated to execute it on behalf of the Agency. 2. Request further information. RECOMMENDATION: Adopt the resolution approving an agreement between the Community Redevelopment Agency and the Capistrano Valley Water District and authorize those parties so designated to execute it on behalf of the Agency. Respectfully Submitted, C R Stephen B. Julian Executive Director 0 0 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM February 19, 1985 TO: Stephen B. Julian, Executive Director FROM: Pamela Gibson, Senior Administrative Assistant SUBJECT: Resolution Agreements and Payment of Development Fees SITUATION: The agreements for payment of development fees between the Community Redevelopment Agency and the William Lyon Company, the Community Redevelop- ment Agency and the City of San Juan Capistrano, and the Community Redevelopment Agency and the C,agsno Valley Water District will be available prior to meeting. Respectfully submitted, Pamela Gibson PHG:fwm CPA 8A4,b,(2� tiau Juan (:apisliano Com muni n Redratlopmtlit 1pency MEMORANDUM TO: Interested Persons FROM: Mary Ann Hanover, Agency Secretary DATE: February 7, 1985 SUBJECT: Agreements for Payment of Development Fees The Community Redevelopment Agency of the City of San Juan Capistrano at its regular meeting held February 5, 1985, continued action on the Agreements for Payment of Development Fees for the following to February 19, 1985: (1) Community Redevelopment Agency/William Lyon Company, Tract 12276 (2) Community Redevelopment Agency/City of San Juan Capistrano (3) C,o unity Redevelopment Agency/Capistrano Valley fr District The City Council of the City of San Juan Capistrano at its regular meeting held February 5, 1985, continued action on the following item to February 19, 1985: (1) Agreement with the Community Redevelopment Agency regarding Development Fees (William Lyon Company) 32 100 Pa,(,) -Welamo ',an Juan (:episuano Cdilomia 9°655 711- 19:3-1171 0 0 Development Fees -2- February 7, 1985 Copies of the agenda and staff reports will be forwarded to you prior to that meeting. If you have any questions, please don't hesitate to call. MARY ANN 44ANOVER MAH/mac cc: City Manager William Lyon Company Capistrano Valley Water District 0 2. AGREEMENTS FOR PAYMENT OF DEVELOPMENT FEES (14o6,17 Written Communications: Report datea February 5, 1985, from the Senior Administrative Assistant, advising that information required for preparation of agreements with the William Lyon Company, Tract 12276; the City of San Juan Capistrano; and, the Capistrano Valley Water District, had been delayed. Continuation of Item: It was moved by Director Hausdorfer, seconded by Director Ruchheim, and unanimously carried to continue consideration of the agreements to the meeting of February 19, 1985. • 0 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM February 5, 1985 TO: Stephen B. Julian, Executive Director FROM: Pamela Gibson, Senior Administrative Assistant SUBJECT: Agreements for Payment of Development Fees (Wm. Lyon Company) SITUATION: Information required for the preparation of the following agreements has been delayed: a. Community Redevelopment Agency / Wm. Lyon Co., Tract 12276 b. Community Redevelopment Agency / City of San Juan Capistrano C. Community Redevelopment Agency / Capistrano Valley Water District All of these agreements can be agendized for the next meeting. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: None ALTERNATE ACTIONS: 1. Hold the items over until the next meeting. 2. Request further information. RECOMMENDATION: By motion, hold the above items over until the meeting of February 19, 1985. Respectfully submitted, Pamela Gibson �l PHG:cj CRA 13'), aI6IC- • 0 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM February 5, 1985 TO: Stephen B. Julian, Executive Director FROM: Pamela Gibson, Senior Administrative Assistant SUBJECT: Agreement for Payment of Development Fees SITUATION: The agreements for payment of development fees between the Community Redevelopment Agency and the William Lyon Company, the Community Redevelop- ment Agency and the City of San Juan Capistrano, and the Community Redevelopment Agency and the Capistrano Valley Water District will be distributed prior to the meeting. Respectfully submitted, �4�f Pamela Gibson PHG:cj Ge v ' F3 D,