Loading...
HomeMy WebLinkAbout08 HOMEOWNER AGREEMENTS-MEMORANDA IN CONJUNCTION WITH TUSTIN RANCH ROAD EXTENSIONAGENDA REPORT MEETING DATE: JULY 5, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER Agenda Item Reviewed: City Manager Finance Director FROM: REDEVELOPMENT AGENCY AND PUBLIC WORKS DEPARTMENT SUBJECT: APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA AVENUE (CIP No. 70100) SUMMARY Staff is recommending that the City Council and the Tustin Community Redevelopment Agency approve certain agreements associated with the required applicable noise mitigation measures as identified in the Final Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206 on or adjacent to the property located at 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21). RECOMMENDATION It is recommended that the City Council and Tustin Community Redevelopment Agency: Approve the attached documents for 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21) including the Project Implementation Agreement and Memorandum of Project Implementation Agreement, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $15,895 from unappropriated funds from the CFD 06-01 Fund (434) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund between Walnut Avenue and Valencia Avenue (CIP No. 70100). FISCAL IMPACT Approval of these agreements and memoranda will provide for implementation of applicable noise mitigation measures as required in the approved environmental documents and help reduce construction impacts to the homeowners during the duration of construction. The net project cost is $15,895. DISCUSSION AND BACKGROUND Phase 1 construction of the Tustin Ranch Road Extension Project is soon to begin. Plans for this phase of construction have been completed, a construction management firm has been chosen, and construction bids are being solicited. Tustin Ranch Road Extension Project, CIP No. 70100 Receptor 9 & 21 Homeowner Agreements and Memoranda July 5, 2011 Page 2 Final Supplement No. 1 to the Final EIS/EIR was approved by the City Council on December 6, 2004. Resolution No. 04-77 provides for findings of fact, a statement of overriding considerations, and a mitigation and monitoring program for this roadway extension. The mitigation measures adopted to mitigate noise impacts from the roadway extension affect 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21) and these agreements and memoranda satisfy all City obligations related to these mitigation measures. An agreement summary table is attached for reference. t r Christine A. Shingleton D u a S. Stack, P.E. Assistant City Manager D re r of Public Works/City Engineer Attachment(s): Project Implementation Agreement (Receptor 9) Memorandum of Project Implementation Agreement (Receptor 9) Project Implementation Agreement (Receptor 21) Memorandum of Project Implementation Agreement (Receptor 21) Agreement Summary Table C:\Documents and Settings\dstack\Local Settings\Temporary Internet Files\Content.OutlookUOJ82600\Approval of Homeowner Agreements and Memoranda for Receptors 9 21 for T~ EXteriSlOri PT0~0Ct CIP ~~1 ~~.dOCX • ~ ~ PROJECT IMPLEMENTATION AGREEMENT (Noise Reduction Improvements-Tustin Ranch Road Extension) This Project Implementation Agreement (this "Agreement'') is made and entered into as of the day of _ __ , 201 1, by and between the CITY OF TUSTIN, a municipal corporation of the State of California ("City"), and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency'), on the one hand (City and Agency are collectively referred to herein as "City"), and JANICE C. DUKES on the other hand ("Owner''). A. Owner owns real property located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on Exhibit A attached hereto and made a part hereof. Q. City proposes to construct an extension of Tustin Ranch Road from Walnut Avenue to Valencia North Loop Road (the "Project"). C. City must implement applicable noise impact mitigation measures for the Project (the "Applicable Mitigation Measures") as set forth in the final EIS/EIR for the Disposal and Reuse of MCAS Tustin; Final Supplement # 1 to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for Tustin Ranch Road Extension-Walnut Avenue to Valencia North Loop Road (Final Supplement); and Addendum to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for 'Lone Change (Specific Plan Amendment OS-002) (collectively, the "EIR"). D. The Applicable Mitigation Measures require the construction of a sound wall (a "Sound Wall") in certain locations adjacent to both the eastern and western boundaries of the Project area, and the installation of certain property-specific improvements designed to abate noise for specified residential and institutional properties located adjacent to the Project area (the "Property-Specific Improvements") (collectively, the Sound Wall and Property-Specific Improvements are referred to in this Agreement as the "Noise Reduction Improvements."~ F,. The technical studies in the EIR analyzed the Noise Reduction Improvements and found that they are sufficient to mitigate noise impacts resulting following the completion of the Project and the Project's operation at full capacity. F. City is willing to provide Owner with a sum of money (the '`Mitigation Payment") sufficient to fund and compensate Owner for (i) the complete implementation of the Noise Reduction Improvements applicable to the Property; (ii) a license to enter the Property to document the Property's existing condition; (iii) the cooperation of Owner in City's installation of the Sound Wall abutting and/or adjacent to the Property; and (iv) any future ancillary costs for increased cleaning and maintenance of the Property and improvements located thereon incurred by Owner or its tenants and/or any future impact on the use or enjoyment of the Property suffered by Owner or its tenants as a result of dirt, dust, or noise attributable to implementation of the Project and the Noise Reduction Improvements (collectively, `.Ancillary Costs"). _ __ __ _ G. Owner is willing to accept such Mitigation Payment and other good and valuable consideration as full payment for and satisfaction of (i) Owner's right to installation of all applicable Noise Reduction Improvements; (ii) Owner's grant to City of a license to enter the Property to document the Property's existing condition; (iii) Owner's cooperation in City's installation of the Sound Wall; and (iv) all Ancillary Costs, subject to the terms and conditions set forth in this Agreement. 762214.1 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties, City and Uwner agree as follows: 1. Noise Reduction [mprovements. City and Uwner acknowledge and confirm that, pursuant to the Applicable Mitigation Measures, in connection with City's completion of the Project, Uwner is entitled to the installation on or near the Property of the Noise Reduction Improvements set forth on Exhibit B attached hereto and made a part hereof. Owner further acknowledges and confirms that City is not obligated pursuant to the Applicable Mitigation Measures or otherwise to provide advance funds for potential Ancillary Costs. 2. Mitigation Payment. City hereby agrees to pay Owner a Mitigation Payment in the amount of Eight Thousand Two Hundred Fifteen Dollars and 00/100 Cents ($8,215.00), as consideration for, and/or in full satisfaction of all costs and expenses for (i) Owner's cooperation in installing the Sound Wall adjacent to or abutting the Property as shown in Exhibit B; (ii) Owner's grant to City of a license to enter and document the existing condition of the Property in accordance with Paragraph 7 of this Agreement; (iii) instal]ation of the Property-Specific Improvements that are listed on Exhibit B; and (iv) future Ancillary Costs incurred or suffered by Owner or its tenants. Owner hereby acknowledges and confirms its acceptance and receipt in full of such Mitigation Payment. Owner further specitically confirms that such Mitigation Payment is sufficient to fund and provide the complete implementation of the Noise Reduction Improvements applicable to the Property and Owner is willing to accept such Mitigation Payment in full satisfaction of Owner's right to installation of the applicable Noise Reduction Improvements, and as full mitigation of, and in payment for any Ancillary Costs incurred or sutTered by Owner or its tenants. City acknowledges that any and all costs of materials, tasks and/or activities required to construct the Sound Wall shall be funded independently by City in addition to City's payment to Uwner of the Mitigation Payment. 3. Implementation of Property-Specific [mprovements by Owner. Uwner hereby confirms that City's payment and Owner's acceptance of the Mitigation Payment fulfills City's obligation, if any, to cause installation of the Property-Specific Improvements under the Applicable Mitigation Measures. Owner and City agree and acknowledge that following delivery of the Mitigation Payment, City shall have no further obligation to cause the installation of any Property-Specific Improvements, and any and all such Property-Specific Improvements to the Property shall be implemented by Owner, or caused to be implemented by Uwner as contemplated by this Agreement. 4. S~ecitications and Estimates for Property-Specific Improvements. Owner hereby acknowledges and confirms that City has obtained and provided Uwner with specifications for, and an estimate of the cost to install, the Property-Specific Improvements that are listed on Exhibit B, and that such estimated cost is less than the amount of the Mitigation Payment. S. Acknowledgement and Certification of Satisfaction of Applicable Mitigation Measures. Owner and City hereby confirm and acknowledge that City's installation of the Sound Wall and payment to Uwner of the Mitigation Payment constitutes full implementation of the Noise Reduction Improvements for the Property as required by the Applicable Mitigation Measures. Owner further agrees that the City's installation of the Sound Wa1i and payment of the Mitigation Payment fulfills City's obligations to Owner under the Applicable Mitigation Measures, Owner is not entitled to further Noise Reduction Improvements related to the Project, and City shall not be responsible to Owner or its tenants for additional Ancillary Costs. 6. Acknowledgements and Release. Owner acknowledges and confirms that following City's payment to Uwner of the Mitigation Payment, City has no control over Owner's timing of and ~~2?ia.~ 2 ultimate installation of the Property-Specific Improvements, if any, and City has no ability to ensure that Owner will use the Mitigation Payment for implementation of the Property-Specific Improvements or to satisfy any applicable Ancillary Costs. Owner further acknowledges and agrees that City's performance of the provisions of this Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration for any and all claims that Owner, and its successors and assigns, may have against City by reason of City's obligation to install the Noise Reduction Improvements pursuant to the EIR and/or for any future Ancillary Costs incurred or suffered by Owner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. Accordingly, Owner hereby agrees as follows: a. Except with respect to City's obligations under this Agreement and its obligation to construct the Sound Wall, Owner, for itself, and each of its representatives, agents, assigns, successors-in-interest, knowingly and voluntarily releases and discharges City and each of its officers, employees, representatives, agents, successors and assigns, from any and all present and future claims, damages, liabilities and causes of action, including, without limitation, any and all claims for personal or bodily injury or death to any person, and for damage to the Property or the property of any person, which are related to, arise out of, result from, or are connected with (i) the installation of the Noise Reduction Improvements, including, but not limited to, the failure of the Noise Reduction Improvements to meet the standards set forth by the Applicable Mitigation Measures, failure of Owner to install the applicable Property-Specific Improvements, and any damages to persons, the Property or personal property located upon the Property resulting from installation of the Noise Reduction Improvements by a contractor retained by Owner, or a contractor retained by City, or (ii) any ancillary costs for increased cleaning and maintenance of the Property or improvements located thereon incurred by Owner or its tenants and/or any impact on the use or enjoyment of the Property sutTered by Owner or its tenants as a result of dirt, dust, or noise attributable to the implementation of the Project or the Noise Reduction Improvements. Notwithstanding the foregoing, nothing herein is intended or shall be construed as a waiver by Owner or any third party of any claims caused by, resulting from, or attributable to the negligent, reckless, or wrongful conduct of City or any of its officers, employees, contractors, representatives, or agents. b. "There is a risk that subsequent to the execution of this Agreement, Owner will discover, incur or sutler loss, damages or injuries that are in some way related to the matters released, but which are unknown or unanticipated at the time that this Agreement is executed. Each person or entity executing this Agreement hereby assumes this risk and understands that to the extent of the releases set forth above, THIS AGREEMENT SHALL APPLY TO AL.L UNKNOWN OR UNANTICIPATED RESULTS OF, OR RELATED TO, THE MATTERS RELEASED ABOVE, AS WELL AS TIIUSE KNOWN AND ANTICIPATED. Owner, and each of them, hereby expressly acknowledges that she, he or it is familiar with section 1542 of the California Civil Code which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Owner understands and acknowledges the significance and consequence of this specific waiver of section 1542. Having the opportunity to consult with legal counsel, Owner expressly waives and relinquishes any and all rights and benefits which she, he or it may 762214.1 have under section 1542 of the Civil Code to the full extent that such rights and benetits may be lawfully waived pertaining to the subject matter of this Agreement. 7. Documentation of Property Condition. In consideration of the payment of the Mitigation Payment, which includes an amount for Owner's grant to City of a license to enter the Property, Owner's installation of Project-Specific Improvements and Ancillary Costs, Owner hereby grants City the right to document at reasonable times and upon written or verbal request the pre-existing condition of the exterior cif the Owner's Property, which includes, without limitation, the right to document, videotape and photograph the pre-existing condition of the exterior of the Property. Owner or Owner's designated representative(s) shall have the right to be present and accompany City's employees, representatives or agents at all times they are present on the Property for such purposes. City agrees to hold harmless and indemnify Owner from and against any and all damage, claims, demands, actions, and causes of action for personal or bodily injury or death to any person or permanent damage to property of Owner proximately arising out of, or resulting from, the City's exercise of this right in a manner that is negligent, reckless, or involves wrongful misconduct. 8. Notices. Any and all notices given or delivered by any party hereto shall be delivered in person or by Federal Express or similar private commercial courier for next business day delivery or otherwise deposited in the United States mail in the County of Orange, Sate of California, duly certified or registered, postage prepaid, and addressed as set forth below: To City: City of'tustin 300 Centennial Way Tustin, CA 92780 Attention: Mr. Ken Nishikawa Woodruff, Spradlin & Smart With a Copy To: 555 Anton Boulevard Costa Mesa, CA 92870 Attn: Douglas C. Holland To Owner: Janice C. Dukes 2362 Ana Tree Place Tustin, CA 92780 9. Successors and Assiens. "Phis Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. City and/or Agency may, at their/its option, assign their/its rights under this Agreement without obtaining the consent of Owner. ] 0. Entire Agreement. No representations or covenants of any kind other than those expressly contained herein have been made by either party hereto. This Agreement may only be modified or amended by an agreement in writing duly executed and delivered by each of the parties hereto. 1 1. Severability. If any provision of this instrument, or the application thereof to any person or circumstances, is found to be invalid, the remainder of the provisions of this instrument, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 12. Memorandum of Agreement. Owner and City shall execute a memorandum of agreement pertaining to this Agreement, in the form attached hereto as Exhibit C. Such memorandum of 4 762214.1 agreement shall be recorded against the property in the Official Records of Orange County following execution of thereof. 13. Goveming_l.aw. This Agreement shad be governed in accordance with the laws of the State of California. 14. Counterparts. 'T'his Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. [N WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. OWNER CITY CITY OF TUSTIN, a municipal corporation of the By: t ~~~ State of California ice C. Dukes By: 1`1ame: Title: AGENCY TUSTIN CUMMUN[TY REDEVELOPMENT F,GENCY, a California redevelopment agency By: Name: Title: A'I~I'EST: ray: Pamela Stoker City Clerk APPROVED AS "f0 FORM: By~ Douglas C. Holland City Attorney 762214.1 5 IJXHIBIT A Description of Property Address: 2362 Ana Tree Place 'Tustin, California 92780 Legal Description: Lot 45 of Tract 7813 in the City of Tustin, County of Orange, State of California, as shown on a map filed in (look 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County, California. APN: 432-462-22 762214.1 EXHIBIT B Noise Reduction lmarovements 1. Property-Specific Improvements applicable to the Property: Pursuant to Mitigation Measure NR-4, replacement of three (3) windows having a direct view of the proposed Tustin Ranch Road Extension located in second floor bedrooms with acoustic-rated window assemblies having a Sound Transmission Class (STC) rating of at least 35 STC, as fizrther described in the January 27, 2011 assessment report prepared by Vista Environmental attached hereto. 2. For purposes of protecting the Property, a Sound Wall will be constructed within the Tustin Ranch Road Right-of--Way on City property adjacent to the Property as generally depicted on the drawing attached to the January 27, 2011 assessment report prepared by Vista Environmental attached hereto. ~~~2~a.~ ~~ST~ ~i~TV~~t~N11~IENT~~ January 27, 201 l Ken Nishikawa Tustin Legacy Development Services Manager City of Tustin 300 Centennial Way Tustin, CA 92780 SUBJECT: TUSTiN RANCH ROAD NOISE :MITIGATION FOR RECEPTOR 9 - 2362 ANA TREE PLACE. Dear Mr. Nishikawa: This letter details the required improvements to the residence at 2362 Ana Tree Place (Receptor 9) in order to comply with the onsite mitigation described in the Supplement to the Finul EIS/EIR fur the Disposal crud Reuse of the Murine Corps Air Station Tustin, Culifornia Extension of Tustin Ranch Roud Between Walnut Avenue and the Future AliKnment of Palencia North Lovp Road, prepared by Michael Brandman Associates, May 27, 2004. Mitigation Measure NR-3 requires that forced air ventilation shall be provided for the all habitable areas of Receptor 9. Forced air ventilation has been determined to consist of a forced air ventilation system that is capable of blowing air without heat or air conditioning turned on and has vents in all habitable rooms. Mitigation Measure NR-4 requires that all second-story windows and/or glass doors that have a direct view of the proposed "Custin Ranch Road extension shall be replaced with acoustic- rated window/door assemblies that have a Sound Transmission Class (STC) rating of at least 35 STC. Non-sensitive areas (e.g., bathrooms) do not require the implementation of any improvements. In order to determine the extent of improvements required for Receptor 9, representatives from Vista Environmental, Kenco Builders (562) 547-1993, and Gomez Heating and Air Conditioning Inc. (877) 804-2891, met with Janice Dukes and performed a site inspection of 2362 Ana Tree Place on January 20, 2011 at 4:00 p.m. The site inspection consisted of testing the existing forced air unit for compliance and inspecting and measuring the upstairs windows for type and size. The inspection found that the existing forced air unit meets the requirements of NR-3. The inspection also found that there are three windows located in the second floor bedrooms that do not meet the 35 STC rating requirements of NR-4. A summary of the inspection findings are shown on the attached Figure. The following table provides the calculated costs to replace the two windows. The bid is based on the nearest available windows with an 35 STC rating to the existing windows, which are __ Milgard, dual-pane, white vinyl, retroft windows. 1021 DIDRIKSGN ~Vpy LAGUNA BEACH CALIFORNIA 92651 ~xoyE 949 S10 5355 FACS[M[LE 949 715 3629 ELECTRONIC GREG([7~VISTALB.COM Pale 1 of 2 ;tem Window Size Coat description Window-1 4'0"x4'0" $561.90 White vinyl, dual-pane, STC 35 retrofit frame Window-2 6'0"x3'6" $681.59 White vinyl, dual-pane, STC 35 retrofit frame Window-3 10'0"x3'6" $1,149.51 White vinyl, dual-pane, STC 35 retrofit frame Labor $700.00 Remove/replace affected windows Paint $700.00 Paint affected areas Hardware $150.00 Miscellaneous Hardware Supervision $400.00 Profit/ Overhead $868.60 Permit Fees $0.00 iVo permits required for retrofit style windows Total Cost E5,211.60 The total calculated cost to replace the windows is $5,211.60. Additional details of the windows to be ordered are attached. Please call me at (949) 510-5355 if you would like me to proceed with making the above improvements or have any questions related to the above. Sincerely, ~~~ Greg Tonkovich Senior Analyst Vista Environmental VISTA ENVIRON:VIEtiTAL :021 DIDRIKSON WAY LAGUVA BEACH CALIFORNIA 92651 ~KOVE 949 510 5355 AcsIMILF 949 715 3629 ELECTRONIC GREG~,VISTALB.C01d PAGE Z of 2 Mitigation: Provide forced air-ventilation on entire home if not existing. Provide 35 STC-rated windows/door on 2nd floor if not existing. 2362 ANA TREE PLACE ~ ~~ ~ ~ > ~ EXIST. L ~ 1 ,~ ~ ~ EXIST. LOT LINE 9 8 22 _ ~. .. ,~.~ ~- Forced Air Unit -Carrier Model No. 58DLX090-16, 80,000 BTU with 4 ton air conditioner Unit was tested and was capable of blowing air without heat or air conditioning. W/D # Room Size Existing Style W-1 Bedroom 4' x 4' Milgard, dual pane, vinyl, white, retrofit W-2 Bedroom 6' x 3'6" Milgard, dual pane, vinyl, white, retrofit W-3 Master Bedroom 10' x 3'6" XOX Milgard, dual pane, vinyl, white, retrofit SOURCE: 8 hsit on Janua 20 201 at 4:00 m met with Janice Ou~a ~ VISTA ENVIRONMENTAL Receptor 9 2362 Ana Tree Place ._ __ ---__ _ .. DatsWd Qtiab -- CT$ _ ---- -- ~~ LumbK Compaml +a+a a. Parai~efent 8We1 ~o+rff. G- UO7ri xwstta Tro}f>tR IfMiirft>•Ilow f~geee aao~t 3aleo 114c ~n M OMrwF/'MIeAC Deflwry Cueee,~rr. lcENDO ~.pERi TaAr~ Conwiwree ~~~ Cwe>.ac AAflweee - _. _ ~geefoe tot aerore rntrzott AOIR Oeftt )1n /flOtt ~O: GfG ~r N11er fieaei~f d O~v>tA Pllaeee PAe1es FaC Fsi: wee: rlAt~ __ _ -v- _~"-_ it aOfti LoeefiMe: ~..~ + seee~i. mor. w Ao tom: at uf: a.a roe: ns+, xT: oeo t,.rnrs ~ oral .na ms' u.. F(. feles,.ef: r w ~ sefDeef ~r eeeooe fsfr. swo ~~ xaot vuaf vac fteeec taa, tra ++~: wanes Geler: wf+a: onfta~r Slerbr Cofer. lls~ QYdns Oud f~~ (1~w+rM 0.WrX En~l ?weogR ~ Atirdefti Ak Geen fre tpee t,rnreelO (seOAi ^,Yfeek laerf aee IN ~t CIeeR Ofyeo TMft t: tflT. Gteer TiMe# 2: 3n!': 6~Ore~>C IIK Oee fleet efenet Fftiwol T~ 9erffaudt Suwit Soeeff vilf fvll Ret' ~swf Cobt fMle: Lino flra Ooprtwnik 41C 16 `line: oOOO O~nlr + iueaiy, f1tN-, NV.110 7t s at llf: O.N. EOC: alt, VLT. aOO 7!J? LaNruleO (SefMy OflYl eiN 3-1f' dMr Ffn Proenwnt 1' 4ee1 fin dal~uft ~ Beams f~ SrWp OerJfee 1000 Fr~ne Cater VMeIK AtsenM F.anw Qefer Nona: GIeeY~ Dwl Gl~tl (anerelee tieeN: End ver~ae~ Na AdueYr Aft Orrr Ofne ti :7ptlat tamiMbO (ieM4 Gael: Innar Cans li ~C CYar, GYee Thkt 1. 71St: OUees TNft 2' Sr>r: FNeOrdMx: Na', toes FeleQ Nene: eerrr 7-Oer SmotTevdt 9asoc 9oiwn wM su fist Leis Nwn Cone+sds: SfC !t awo an ~ a : o+moo++ L. --- ~TB Pt+OJ~t taf~0rwtatRlOl1 I p~ 000301 .St7r1 174 Cttseonw: icErtoO BUt.DERE Tem+m CgrrrrrMrts ~~ ~1I~Oy1110l~OII ~ Conlxe~ ------ AddMeee. II ~~ I~F~' _____-. __~.- __.._. Detailed Quota Lindsay Lumber Company ~~-,,,s Shlpplll~ ln~oematloa CorMeelr 4ddreee Plrerra: - Fax: ~~r~ ~: ~110M W!K )1!!A/1011 PrbiA Osb: 7121/2011 as 'cat DeOvwr: _ ~ifEx Rasp d Order clarrulY~: ttern: 0001 l-ue+tlwu OuarMlly: 1 Tuauny. 8130T. HV. RO 1~ x 4e" tJF QIe, St3C: O.St, VLT: 0.80 _ - '-••~ 713Y' tarrdneeed 13eiely C)aes) and 3N8" Cher Fin Pleoerrrerrd: 1" !W Fin SelCadr wl atuaao ~ StldYq Dkedbn: )CO: FrertN Cobr. tMNe: OplkuW Exdrier Color. floor Dual Gtazed (lnatdeEW C3tesar Energy F'sdtepr [+leC ArMreeid AR Gulw Qlsss Lb optlon: l,mYUled (sewy Glaser Iroar c0ae. uE. aptlore clear, Ghee Thidt /: 7BT. Cleee Thad[ 2 3/1~; EdpeOer~Wf: tlo: Ciee Fled: Nora herrae Type: SmertTorx35 Seroen: Screen wier P1i RaR -- Lure Item Carrrrrka: STC 3S EXHIBIT C Memorandum of Project Implementation Agreement (See Attached) ~~zz ia. i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin Attn: Ken Nishikawa 300 Centennial Way Tustin, CA 92780 Exempt from recording fee per Government Code §§ 6103 and 27383 APN:432-462-22 (Space Above This Linc for Recorder's Usc) MEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT 'Phis Memorandum of Project Implementation Agreement (this '`Memorandum") is made and entered into as of the day of , 2011, by and between the CITY OF TUSTIN, a municipal corporation of the State of California ('`City"), and the TUST[N COMMUNITY REDEVF.,LOPMENT AGENCY, a Califomia redevelopment agency ("Agency"}, on the one hand (City and Agency are collectively referred to herein as "City"), and JANICE C. DUKES on the other hand A. Owner and City have entered into that certain Project Implementation Agreement, dated as of 2011 (the "Agreement"), which Agreement, as executed, is attached hereto as Exhibit B and incorporated herein by this reference. B. The Agreement affects and relates to that certain real property owned by Owner located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on Exhibit A attached hereto and incorporated herein by this reference. C. Owner and City desire to execute this Memorandum to provide notice of the existence of the Agreement and all rights and obligations under the Agreement to all appropriately interested persons, including without limitation any and all future owners of the Property or any part thereof or any interest therein, and in no way modifies the provisions of the Agreement. NOW, TIiEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Owner hereby agree and confirm as follows: __ 1_ Uefuzitions. All capitalized words-used herein, unless otherwise definedr-shall have the meanings ascribed to them in the Agreement. 2. Terms of A,~~eement. (a) Pursuant to the Agreement, Owner has accepted cone-time Mitigation Payment from City as consideration for, and/or in full satisfaction of all costs and expenses for, (i) Owner's cooperation in City's installation of a Sound Wall adjacent to or 762214.1 abutting the Property; (ii) Owner's grant to City of a temporary license to enter the Property and document its existing condition; (iii) installation of the Property-Specific Improvements applicable to the Property; and (iv) the future Ancillary Costs incurred or suffered by Owner or its tenants as a result of the implementation of the Project and Noise Reduction Improvements. (b) Pursuant to the Agreement, by its acceptance of such Mitigation Payment, Owner acknowledged and confirmed the sufficiency of such Mitigation Payment to fund and implement the Noise Reduction Improvements applicable to the Property, and contirmed its acceptance of such Mitigation Payment as full satisfaction of Owner's right to installation of applicable Noise Reduction Improvements and as full payment for the Ancillary Costs. (c) Pursuant to the Agreement, by accepting the Mitigation Payment, Owner has contirmed City's fulfillment of its obligation, if any, to cause installation of the Property-Specific Improvements and Noise Reduction Improvements under the Applicable Mitigation Measures, that City has no further obligation to cause installation of any Noise Reduction Improvements or Property-Specific [mprovements, and that any and all such Property-Specific Improvements to the Property shall be implemented by Owner. (d) Pursuant to the Agreement, Owner has further acknowledged and agreed that City's performance of the provisions of the Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration for any and all claims that Uwner, and its successors and assigns, may have against Ciry by reason of City's obligation to install the Noise Reduction Improvements pursuant to the EIR and/or for any future Ancillary Costs incurred or suffered by Owner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. (e) Pursuant to the Agreement, Owner has confirmed that its acceptance of the Mitigation Payment shall be sufficient consideration for the release of City by Owner and all of Owner's heirs, successors, assigns and successors in interest in and to the Property, from present and future claims, damages, liabilities and causes of action relating to the installation of the Noise Reduction Improvements or Ancillary Costs incurred or suffered by Owner or its tenants, as such releases are more particularly set forth in Section 6 of the Agreement. (f) The waivers, releases, obligations and covenants of Owner more fully set forth in the Agreement are and shall be binding upon Owner and all of Owner's heirs, successors, assigns and successors-in-interest in and to the Property or any part thereof. By taking title to the Property, such heirs, successors, assigns, successors-in-interest and other transferees of Owner acknowledge and agree to be bound by this Memorandum and the Agreement. 3. Provisions. 'to the extent of any inconsistency between the Agreement and this Memorandum, the Agreement shall control. d. Successors and Assigns. This Memorandum shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 7~zz i a. i 5. Governing Law. This Memorandum shall be governed in accordance with the laws of the State of California. 6. Recordation. City and Owner hereby confirm and acknowledge that this Memorandum shall be recorded in the Official Records of Orange County, California, following execution. 7. Counterparts. This Memorandum may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. IN WITNESS WIIEREOF, the parties have executed this Memorandum as of the date tirst written above. OWNER [3y: CITY CITY OF TUSTIN, a municipal corporation of the State of California By: _ Name: Title: AGENCY TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency By: _ Dame: "title: ATTES"I': By: Pamela Stoker City Clerk APPROVED AS TO FORM: By Janice C. Dukes Douglas C. Holland City Attorney ~~zz ia. t State of California ) ss. County of ) pn before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instniment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the. instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wl'I'NESS my hand and official seal. Signature (Seal) ~~zzia.~ State of California ) ) SS. County of ) On before me, , a notary public, personally appeared , ~vho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W1"I'NESS my hand and official seal. Signature (Seal) ~bzua. i State of California ) ss. County of _._---._-_-) On before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigr-ature (Seal) 7622~d.~ 1/XHIBIT A l.e~al Descriation of Proaerty Lot 45 of'Tract 7813 in the City of "Tustin, County of Orange, State of California, as shown on a map filed in E3oak 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County, California. APN: 432-462-22 762214.1 ~:XHIBIT B Fully-Executed Project implementation Agreement (See Attached) ~c~zz ia. t RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin Attn: Ken Nishikawa 300 Centennial Way "fustin, CA 92780 Exempt from recording fee per Government Code §~ 6103 and 27383 APN: 432-462-22 (.Space Above This Line for Recorder's Use) MEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT Titis Memorandum of Project Implementation Agreement (this `'Memorandum") is made and entered into as of the day of , 2011, by and between the CITY OF "fUSTIN, a municipal corporation of the State of California ("City"), and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency"), on the one hand (City and Agency are collectively referred to herein as "City"), and JANICE C. DUKL'S on the other hand ("Owner" ). A. Owner and City have entered into that certain Project Implementation Agreement, dated as of 2011 (the "Agreement°'), which Agreement, as executed, is attached hereto as Exhibit f3 and incorporated herein by this reference. B. The Agreement affects and relates to that certain real property owned by Owner located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on E.~chibit A attached hereto and incorporated herein by this reference. C. Owner and City desire to execute this tvlemorandum to provide notice of the existence of the Agreement and all rights and obligations under the Agreement to all appropriately interested persons, including without limitation any and all future owners of the Property or any part thereof or any interest therein, and in no way modifies the provisions of the Agreement. NOW, "fHEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Owner hereby agree and confirm as follows: I. Definitions. All capitalized words used herein, unless otherwise defined, shall have the meanings ascribed to them in the Agreement. 2. Terms of Agreement. (a) Pursuant to the Agreement, Owner has accepted aone-time Mitigation Payment from City as consideration for, and/or in full satisfaction of all costs and expenses for, (i) Owner's cooperation in City's installation of a Sound Wall adjacent to or abutting the Property; (ii) Owner's grant to City of a temporary license to enter -~,~, i ; ( the Property and document its existing condition; (iii) installation of the Property-Specific Improvements applicable to the Property; and (iv) the future Ancillary Costs incurred or suffered by Owner or its tenants as a result of the implementation of the Project and Noise Reduction Improvements. (b) Pursuant to the Agreement, by ~as acceptance of such Mitigation Payment, Owner acknowledged and confirmed the sufficiency of such Mitigation Payment to fund and implement the Noise Reduction Improvements applicable to the Property, and confirmed its acceptance of such Mitigation Payment as full satisfaction of Owner's right to installation of applicable Noise Reduction Improvements and as full payment for the Ancillary Costs. (c) Pursuant to the Agreement, by accepting the Mitigation Payment, Owner has confirmed City's fulfillment of its obligation, if any, to cause installation of the Property-Specific Improvements and Noise Reduction Improvements under the Applicable Mitigation Measures, that City has no further obligation to cause installation of any Noise Reduction Improvements or Property-Specific Improvements, and that any and all such Property-Specific Improvements to the Property shall be implemented by Owner. (d) Pursuant to the Agreement, Owner has further acknowledged and agreed that City's performance of the provisions of the Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration for any and ali claims that Owner, and its successors and assigns, may have against City by reason of City's obligation to install the Noise Reduction Improvements pursuant to the EIR and/or for any future Ancillary Costs incurred or suffered by Uwner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. (e) Pursuant to the Agreement, Owner has confirmed that its acceptance of the ,Mitigation Payment shall be sufficient consideration for the release of City by Owner and all of Owner's heirs, successors, assigns and successors in interest in and to the Property, from present and future claims, damages, liabilities and causes of action relating to the installation of the Noise Reduction Improvements or Ancillary Costs incurred or suffered by Owner or its tenants, as such releases are more particularly set forth in Section 6 of the Agreement. (F) The waivers, releases, obligations and covenants of Owner more fully set forth in the Agreement are and shall be binding upon Owner and all of Owner's heirs, successors, assigns and successors-in-interest in and to the Property or any part thereof. By taking title to the Property, such heirs, successors, assigns, successors-in-interest and other transferees of Owner acknowledge and agree to be bound by this Memorandum and the Agreement. 3. Provisions. To the extent of any inconsistency between the A~eement and this Memorandum, the Agreement shall control. 4. Successors and Assis;tts. This Memorandum shall be binding upon and inure to the benetit of each of the parties hereto and their respective successors and assigns. 2 5. GoverninQ_Law. This Memorandum shall be governed in accordance with the laws of the State of California. 6. Recordation. City and Owner hereby confirm and acknowledge that this Memorandum shall be recorded in the Official Records of Orange County, California, following execution. 7. Counterparts. "t'his Memorandum may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. iN WITNESS WHF,REOF, the parties have executed this Memorandum as of the date first written above. OWNER ~, ~--- By: nice C. Dukes CITY CITY OF TUSTIN, a municipal corporation of the State of California By' - Name: Title: AGENCY TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency By: Name: Title: ATTEST: By: Pamela Stoker City Clerk APPROVED AS 'I'O FORM: _.By: Douglas C. Holland City Attorney State of California ss. County of ) On - before me, _~la(l~rl-b- ~~~~~-~ C^N~~'-~a notary public, personally ap ared ,who proved to me on the basis of satisfactory evide to be the person whose name( is/a~e subscribed to the within instrument and acknowledged to me that-~e/she/Ehey executed the same in t~is/her/t~wir authorized capacity(ies), and that by hisfher/their signaturefsj-on the instrument the person(s~; or the entity upon behalf of which the personfs) acted, executed the instrument. [ certify under PENALTY OF PF,RJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat re ~ ~~'~ (Seal) ~ SANOHYA CHOVNhW-PAMMR Conwnittion ~ ts'lb2ef Notur PubMc - CtNlonNt Ortngt County Comm. E t/ Mtr 11, 2015 State of California ) ss. County of ) pn _ before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL; fY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ~~,, i i State of California ) ss. County of ) On before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [ certify under PENALTY OE PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -~,~z i ; i EXHIBIT A ~ egal Description of Property Lot 45 of Tract 7813 in the City of Tustin, County of Orange, State of Califomia, as shown on a map filed in Book 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County, California. APN: 432-462-22 -~„i ; i ... EXHIBIT B Fully-Executed Project Imalementation Agreement (See Attached) ,,,,, i i t PROJECT IMPLEMENTATION AGREEMENT (Noise Reduction Improvements-Tustin Ranch Road Extension) 'This Project Implementation Agreement (this "Agreement") is made and entered into as of the _ day of , 2011, by and between the CITY OF TUSTTN, a municipal corporation of the State of California ("City"), and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency"), on the one hand (City and Agency are collectively referred to herein as "City"), and KEECHi1L PARK and JOY JUNGIN PARK on the other hand (collectively referred to herein as "Owner"). A. Owner owns real property located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on Exhibit A attached hereto and made a part hereof. B. City proposes to construct an extension of "Tustin Ranch Road from Walnut Avenue to Valencia North Loop Road (the "Project"). C. City must implement applicable noise impact mitigation measures for the Project (the "Applicable Mitigation Measures") as set forth in the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin; Final Supplement #1 to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for "Tustin Ranch Road Extension-Walnut Avenue to Valencia North Loop Road (Final Supplement); and Addendum to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for Zone Change (Specific Plan Amendment OS-002) (collectively, the `'EIR"). D. Tlie Applicable Mitigation Measures require the construction of a sound wall (a '`Sound Wall") in certain locations adjacent to both the eastern and western boundaries of the Project area, and the installation of certain property-specific improvements designed to abate noise for specified residential and institutional properties located adjacent to the Project area (the "Property-Specific Improvements") (collectively, the Sound Wall and Property-Specific Improvements are referred to in this Agreement as the '`Noise Reduction Improvements.") E. The technical studies in the EIR analyzed the Noise Reduction Improvements and found that they are sufficient to mitigate noise impacts resulting following the completion of the Project and the Project's operation at full capacity. F. City is willing to provide Owner with a sum of money (the "Mitigation Payment") sufficient to fund and compensate Owner for (i) the complete implementation of the Noise Reduction Improvements applicable to the Property; (ii) a license to enter the Property to document the Property's existing condition; (iii) the cooperation of Owner in Ciry's installation of the Sound Wall abutting and/or adjacent to the Property; and (iv) any future ancillary costs for increased cleaning and maintenance of the Property and improvements located thereon incurred by Uwner or its tenants and/or any future impact on the use or enjoyment of the Property suffered by Owner or its tenants as a result of dirt, dust, or noise attributable to implementation of .the Project and the Noise Reduction Improvements (collectively, `'Ancillary Costs"). G. Owner is willing to accept such Mitigation Payment and other good and valuable consideration as full payment for and satisfaction of (i) Owner's right to installation of all applicable Noise Reduction Improvements; (ii) Owner's grant to City of a license to enter the Property to document the Property's existing condition; (iii) Owner's cooperation in City's installation of the Sound Wall; and (iv) all Ancillary Costs, subject to the terms and conditions set forth in this Agreement. 761874.1 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties, City and Owner agree as follows: 1. Noise Reduction Improvements. City and Owner acknowledge and confirm that, pursuant to the Applicable Mitigation Measures, in connection with City's completion of the Project, Owner is entitled to the installation on or near the Property of the Noise Reduction improvements set forth on Exhibit B attached hereto and made a part hereof. Owner further acknowledges and confirms that City is not obligated pursuant to the Applicable Mitigation Measures or otherwise to provide advance funds f'or potential Ancillary Costs. 2. Mitigation Pavment. City hereby agrees to pay Owner a Mitigation Payment in the amount of Seven Thousand Six Hundred Eighty Dollars and 00/100 Cents ($7,680.00), as consideration for, and/or in full satisfaction of all costs and expenses for (i) Owner's cooperation in installing the Sound Wall adjacent to or abutting the Property as shown in Exhibit B; (ii) Owner's grant to City of a license to enter and document the existing condition of the Property in accordance with Paragraph 7 of this Agreement; (iii) installation of the Property-Specific Improvements that are listed on Exhibit B; and (iv) future Ancillary Costs incurred or suffered by Owner or its tenants. Owner hereby acknowledges and confirms its acceptance and receipt in full of such Mitigation Payment. Owner further specifically confirms that such Mitigation Payment is sut~icient to fund and provide the complete implementation of the Noise Reduction Improvements applicable to the Property and Owner is willing to accept such Mitigation Payment in full satisfaction of Owner's right to installation of the applicable Noise Reduction Improvements, and as full mitigation of, and in payment for any Ancillary Costs incurred or suffered by Owner or its tenants. City acknowledges that any and all costs of materials, tasks and/or activities required to construct the Sound Wall shall be funded independently by City in addition to City's payment to Owner of the Mitigation Payment. 3. Implementation of Property-Specific Improvements by Owner. Owner hereby confirms that City's payment and Owner's acceptance of the Mitigation Payment fulfills City's obligation, if any, to cause installation of the Property-Specific Improvements under the Applicable Mitigation Measures. Owner and City agree and acknowledge that following delivery of the Mitigation Payment, City shall have no further obligation to cause the installation of any Property-Specific Improvements, and any and all such Property-Specific Improvements to the Property shall be implemented by Owner, or caused to be implemented by Owner as contemplated by this Agreement. 4. Specifications and Estimates for Property-Specific Improvements. Owner hereby acknowledges and confirms that City has obtained and provided Owner with specifications for, and an estimate of [he cost to install, the Property-Specific Improvements that are listed on Exhibit B, and that such estimated cost is less than the amount of the Mitigation Payment. 5. Acknowledgement and Certification of Satisfaction of Applicable Mitigation Measures. Owner and City hereby confirm and acknowledge that City's installation of the Sound Wal] and payment to Owner of the Mitigation Payment constitutes full implementation of the Noise Reduction Improvements for the Property as required by the Applicable Mitigation Measures. Owner further agrees that the City's installation of the Sound Wall and payment of the Mitigation Payment fulfills City's obligations to Owner under the Applicable Mitigation Measures, Owner is not entitled to further Noise Reduction Improvements related to the Project, and Ciry shall not be responsible to Owner or its tenants for additional Ancillary Costs. ~~ i spa. i 2 6. Acknowledgements and Release. Owner acknowledges and confirms that following City's payment to Owner of the Mitigation Payment, City has no control over Owner's timing of and ultimate installation of the Property-Specific Improvements, if any, and City has no ability to ensure that Owner will use the Mitigation Payment for implementation of the Property-Specific Improvements or to satisfy any applicable Ancillary Costs. Owner further acknowledges and agrees that City's performance of the provisions of this Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration for any and all claims that Owner, and its successors and assigns, may have against City by reason of City's obligation to install the Noise Reduction Improvements pursuant to the EIR and/or for any future Ancillary Costs incurred or suffered by Owner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. Accordingly, Owner hereby agrees as follows: Except with respect to City's obligations under this Agreement and its obligation to construct the Sound Wall, Owner, for itself, and each of its representatives, agents, assigns, successors-in-interest, knowingly and voluntarily releases and discharges City and each of its officers, employees, representatives, agents, successors and assigns, from any and all present and future claims, damages, liabilities and causes of action, including, without limitation, any and all claims for personal or bodily injury or death to any person, and for damage to the Property or the property of any person, which are related to, arise out of, result from, or are connected with (i) the installation of the Noise Reduction Improvements, including, but not limited to, the failure of the Noise Reduction Improvements to meet the standards set forth by the Applicable Mitigation Measures, failure of Owner to install the applicable Property-Specific Improvements, and any damages to persons, the Property or personal property located upon the Property resulting from installation of the Noise Reduction Improvements by a contractor retained by Owner, or a contractor retained by City, or (ii) any ancillary costs For increased cleaning and maintenance of the Property or improvements located thereon incurred by Owner or its tenants and/or any impact on the use or enjoyment of the Property suffered by Owner or its tenants as a result of dirt, dust, or noise attributable to the implementation of the Project or the Noise Reduction Improvements. Notwithstanding the foregoing, nothing herein is intended or shall be construed as a waiver by Owner or any third party of any claims caused by, resulting from, or amibutable to the negligent, reckless, or wrongful conduct of City or any of its officers, employees, contractors, representatives, or agents. b. There is a risk that subsequent to the execution of this Agreement, Owner will discover, incur or suffer loss, damages or injuries that are in some way related to the matters released, but which are unknown or unanticipated at the time that this Agreement is executed. Each person or entity executing this Agreement hereby assumes this risk and understands that to the extent of the releases set forth above, THIS AGREEMENT SHALL APPLY TO ALL UNKNUV4'N OR UNANT[C[PA'TED RESULTS OF, OR RELATED TO, THE MATTERS RELEASED ABOVE, AS WELL AS THOSE KNOWN AND ANTICIPATED. Owner, and each of them, hereby expressly acknowledges that she, he or it is familiar with section 1542 of the California Civil Code which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 3 ~~~ spa. t Owner understands and acknowledges the significance and consequence of this specific waiver of section 1542. Having the opportunity to consult with legal counsel, Owner expressly waives and relinquishes any and all rights and benefits which she, he or it may have under section 1542 of the Civil Code to the full extent that such rights and benefits may be lawfully waived pertaining to the subject matter of this A~eement. 7. Documentation of Property Condition. In consideration of the payment of the Mitigation Payment, which includes an amount for Owner's grant to City of a license to enter the Property, Owner's installation of Project-Specific Improvements and Ancillary Costs, Owner hereby grants City the right to document at reasonable times and upon written or verbal request the pre-existing condition of the exterior of the Owner's Property, which includes, without limitation, the right to document, videotape and photograph the pre-existing condition of the exterior of the Property. Owner or Owner's designated representative(s) shall have the right to be present and accompany City's employees, representatives or agents at all times they are present on the Property for such purposes. City agrees to hold harmless and indemnify Owner from and against any and all damage, claims, demands, actions, and causes of action for personal or bodily injury or death to any person or permanent damage to property of Owner proximately arising out of, or resulting from, the City's exercise of this right in a manner that is negligent, reckless, or involves wrongful misconduct. 8. Notices. Any and all notices given or delivered by any party hereto shall be delivered in person or by Federal Express or similar private commercial courier for next business day delivery or otherwise deposited in the United States mail in the County of Orange, Sate of California, duly certified or registered, postage prepaid, and addressed as set forth below: To City: C,ty of Tustin 300 Centennial Way 'fustin, CA 92780 Attention: Mr. Ken Nishikawa Vb'oodruff, Spradlin & Smart With a Copy To: 555 Anton Boulevard Costa Mesa, CA 92870 Attn: Douglas C. Holland To Owner: Keechul and Joy Park 2392 Apple Tree Drive Tustin, CA 92780 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. City and/or Agency may, at their/its option, assign their/its rights under this Agreement without obtaining the consent of Uwner. I0. F,ntire Agreement. No representations or covenants of any kind other than those expressly contained herein have been made by either party hereto. This Agreement may only be modified or amended by an agreement in writing duty executed and delivered by each of the parties hereto. 11. Severability. If any provision of this instrument, or the application thereof to any person or circumstances, is found to be invalid, the remainder of the provisions of this instrument, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 4 761874.1 12. Memorandum of A~eement. Owner and City shall execute a memorandum of agreement pertaining to this Agreement, in the form attached Hereto as _F,xhibit C. Such memorandum of agreement shall be recorded against the property in the Official Records of Orange County following execution of thereof. 13. Governing I,aw. This Agreement shall be governed in accordance with the laws of the State of California. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. OWNER CITY CITY OF TUSTIN, a municipal corporation of the By: _ ~ State of California Keechul Park By. By: ~ tame: Joy Jungin Park Title: AGENCY TUSTIN COMMUNITY REDEVELOPMEN"I' AGENCY, a California redevelopment agency By: Tame: Title: ATTEST: By: Pamela Stoker City Clerk APPROVED AS TO FORM: By: Douglas C. Holland City Attorney 5 n,~x~a.i EXHIBIT A I.e¢al Description of Property Address: 2392 Apple Tree Drive Tustin, California 92780 legal Description: Lot 19 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 323, Pages 27, 28, 29 and 30 of Miscellaneous Maps, records of Orange County, California. APN:432-424-32 76 (874.1 EXHIBIT B Noise Reduction Improvements 1. Property-Specific Improvements applicable to the Property: Pursuant to vlitigation Measure NR-4, replacement of three (3) windows having a direct view of the proposed Tustin Ranch Road Extension located in second floor bedrooms with acoustic-rated window assemblies having a Sound Transmission Class (STC) rating of at least 35 STC, as further described in the January 26, 2011 assessment report prepared by Vista Environmental attached hereto. 2. For purposes of protecting the Property, a Sound Wall will be constructed within the Tustin Ranch Road Right-of-Way on City property adjacent to the Property as generally depicted on the drawing attached to the January 26, 2UI I assessment report prepared by Vista Environmental attached hereto. 7GIA74.1 v~s~~ EVV~xoNNiE~T~L January 26, 201 l Ken Nishikawa "i'ustin Legacy Development Services Manager City of Tustin 300 Centennial Way Tustin, CA 92780 SUBJECT: TUSTIN RANCH ROAD NOISE MITIGATION FOR RECEPTOR 21 - 2392 APPLE TREE DRIVE. Dear Mr. Nishikawa: This letter details the required improvements to the residence at 2392 Apple Tree Drive (Receptor 21) in order to comply with the onsite mitigation described in the Supplement to the Final EI.S/EIR for the Disposal and Reuse of the Marine Corps Air .Station Tustin, California Extension of~Tustln Ranch Road Between Walnut Avenue and the Future Alignment of Yalencia North Loop Road, prepared by Michael Brandman Associates, May 27, 2004. Mitigation Measure NR-3 requires that forced air ventilation shall be provided for the second story of Receptor 21. Forced air ventilation has been determined to consist of a forced air ventilation system that is capable of blowing air without heat or air conditioning turned on and has vents in all habitable rooms. Mitigation Measure NR-4 requires that all second-story windows and/or glass doors that have a direct view of the proposed Tustin Ranch Road extension shall be replaced with acoustic-rated window/door assemblies that have a Sound "['ransmission Class (STC) rating of at least 35 STC. Non-sensitive areas (e.g., bathrooms) do not require the implementation of any improvements. In order to determine the extent of improvements required for Receptor 21, representatives tcom Vista Environmental, Kenco Builders (562) 547-1993, and Gomez Heating and Air Conditioning Inc. (877) 804-289], met with Joy Park and performed a site inspection of 2392 Apple Tree Drive on December 14, 2010 at 2:30 p.m. The site inspection consisted of testing the existing forced air unit for compliance and inspecting and measuring the upstairs windows for type and size. The inspection found that the existing forced air unit meets the requirements of NR-3. The inspection also found that there are three windows located in the second floor bedrooms that do not meet the 35 STC rating requirements of NR-4. A summary of the inspection tindings are shown on the attached Figure. The following table provides the calculated costs to replace the three windows. The bid is based on the nearest available windows with an 35 STC rating to the existing windows, which are vinyl, dual pane, retrofit windows with grids. 1021 D]DRIKSON W.4Y LAGUNA BEACH CALIFORNIA 92651 ~xoNE 949 510 5355 FACStMn,E 949 715 3629 ELECT20NIC GREG~VIS1'ALH.COM Page 1 of 2 Item Window Size Cost Description Window-1 6'X3'6" $681.59 Vinyl, Retrofit, Frame, STC 35 Window-2 4'X4' $561.90 Vinyl, Retrofit, Frame, STC 35 Window-3 10'X3'6 $1,149.51 Vinyl, Retrofit, frame, STC 35 Labor $900.00 Remove/replace effected windows Paint $700.00 Paint affected areas Hardware $150.00 Miscellaneous Hardware Supervision $400.00 Profit/ Overhead $1,135.75 Permit Fees $0 No permit required for retrofit windows Total Cost 55,678.75 'The total calculated cost to replace the windows is $5,678.75. Additional details of the windows to be ordered are attached. Please call me at (949) 510-5355 if you would like me to proceed with making the above improvements or have any questions related to the above. Sincerely. ~~~ Greg Tonkovich Senior Analyst Vista Environmental VISTA ENVIRONMENTAL 1021 DIDRIKSON WAY LAGLINA BEACH CALIFORNIA 92651 ~HONS 949 510 5355 rACSPdILE 949 715 3629 °LECTRONIC vREG(Ci~VISTALB.COtit PAGE 2 of 2 Mitigation: Provide forced air-ventilation on 2nd floor if not existing. Provide 35 STC-rated windows/doors on 2nd floor. i I/ T ~~____- / i / / I / %. ~ 2391 A~ / 2392 APPLE TREE DRIVE ~ '~ 3 / 21 ~' i ~' ~ ~ l EXIST LOT L/NE j ~ ~ / / ~ / ?2 Forced Air Unit -Unit was tested and is capable of blowing air without heat for entire house. W/D # Room Size Material W-1 Bedroom 6'x3'6" Vinyl, Dual Pane, with Grid, retrofit with 5" outside trim W-2 8edroorn 4'x4' Vinyl, Dual Pane, with Grid, retrofit - - with 5"outside trim W-3 Master Bedroom 10'x3'6" XOX Vinyl, Dual Pane, with Grid, retrofit with 5" outside trim 2 VISTA ENVIRONMENTAL Receptor 21 2392 Apple Tree Drive ;~a1led ~iulfiA •~ -~ ~ Lindsay Lumber Compaml ° ~ ~ 5101 S. P~ranw~x~t BIeA ranmfa4mf, CJ1907x3 96Z~63.1-1113 ?ro,Net Inforina8on aro~et aoorrt Sabi ~ Shn Aga a:arr.q 1 Pletsup: DelMry cunonNr: xENCO 91UItDERS Tom. _. 4 . ~: , ~. ,, P~o).et lo: m - -- - - ~,ob cab: lyt6rzola Prtntt» Iz/tenolo ~o: %-Ilor RIaM d Oni~r) I ~prp htl~0ltlMtlotl 3hipphp ilblft1M1011 Adeiws: l1dIh4N~ ;[ 3 91 /,/OIL F f11 FE ~ . I Ffr. Fps: ^.7~n1~Y[IMIf: Imn: 0001 loa~lten: d~Mlllr 1 ~uocery, 6110T, FN, RO 7T t IZ' UF: 0.4Y, S(tC: 0.16, VLT: 0.32 275.93 7fd2' Lamkybd (3~hlr Ol~w) wid 311? Cb~r 272.3rt 1NIdt ZItN 23.x7 Flat Grld1 43 a!e .:__l. __ :__a _ FM PI~aMtynC NAd~ Z-8K SltlinO Dtnlelbn: XQ Fnlrrw Color WAib; ~._ _ ~ '_ . CPOonM E~4wlor Cabe New; a~0: Dud ~d Onw~e.d Gltwy; ~ I i EnMgy PMinpe too; AnMabd A~ Outa- C;Ibss VJM Op4arc Lart~hftA~d (BaUly Ol~tk Inner Ottas t~ OPlloie CNr; c3tors Thid~ 1: 71b2'; cw. TMOk x 3n6~ saoct.mlw(m Na a>M F1tId: ~ crld Cabr. +MMb; Oir1q ConlipllralblK Sti; Arid PMiwn: aNl3H; F4ndM Typr. S+nvtTOUdr, Saran: SenMn witl- Pull Rrk Evan tAOUph 0lta dtagrsrtr of tln yrlds mop not NrM up 4zsclp, mtnu/a~unr wAI Yrn up IfM 9~ +MNn baYp twt1. una Clem Commtants: i0un Toth: t 821.04 ObIN Qti~ Took t 821.0+1 Cuatanwr Apprwd: nRista ae. a rn ~ x ~ ,7neeo+o ~~~2 /-~PO~f~F~ OQ. ~araefaotaer..: Moab ~: ~ Laaetlar: 1 Tusoarry, b140T, M/, RO 4s' x 4C LfF: 0.49, SC1C: 0.46, VLT: O.S2 7132' Lanrknrd (salny Glen) and 3l18' tXear Wfds Z~ar Plel tOrtd. -_ ~ - Fln Plsornw~t Wide Z~Bar, SMdtq Oirec4ion: XO; Fnmw Color: WhNS: " ' Op9orwl Exlerlot Color. Naw, Gladn~ Owl Gletsd (Itwidsted GWs$ =~91' Paokaps: too; MneNad AR doer Glen llla Optlon: Laminated (Safely t;iaw-; Inner Gina Llte Optloit Char, la'Ini 7hldr 1: 7~l2'; clot Tlydc 2: 3l18'; EApeoeniAlAlt: No; Oes F91sd: None c;,nd color: WhhN; Grid ConllpuraYOn: sG: crid Patlsm: 4NV4H; tlwrdls Type: _. smartTOUdt saaon: screen wAtll PuH RaN; iCVen Mioupih tln dhprtrn d the grids malt not Wr uo ssady, rn.nuraetia.r ws dns up nr prga rtrsrr edrq tws. Lirw Item Conurrads: 249.44 zo7.79 20.12 34.63 :'hero Tall: i 511.88 '.hem tlawMlllr Tasel: i 311.86 Cwtornsr Appewal: nitials ~sradeepaer. AAllgerd nor 0001 ~oaellar '~n~ t Tusearry, 8140T, DV, ft0120• x 12' UF: 0.49, S(OC: 0.46, VLT: 0.32 481.91 7192' Lamtratsd (Safely GYw) and 3118' Char 431.86 WMA 2$er 31.70 F4ft GAlde 75.82 Etem Toll: S 1047.E Fn Plaosmak Wide LBar: SNdtp Oirefbn: X00(; VarOgl Wnt Selo "~++ TOfal: i 1047.39 1l4, 112, 1M; Frerlw Coloe WMs: Oplkrral Eaderior Color. Nara; ~9: Cwt Olaesd t7nwieled Gleesl; ~ Pa'Jape; Ne; Howled A~ OutM Grew W Optbre tarrdnated (salietfr Gtewk Omar Glass LIM Oplisn: a..r, oan Tnlar 1: 7/J2`, Glen Thldr r. 3t1!'; Edgeetee9~A1t: Hoc Gas Flbd: Nona; t3dd Colsr. WIrI1K tirtd Corrltptntlon: S0; Grid Pettem; 11vtr'lFt; Flendls Type: SnreRTouch; Scnsn: tiereen wIM Pull Rai: sawn Color. wtrlt.; LMn though the dMpam d the pAdt mry not Mw up sxaaylr, rrrarrulaebnw e4f few up fM grids wA+an berg coil Ltw Ilan Cannrwea: Cuetorrwr Appro+al: ~~ outer Changes: pusllrrltu sy: sus TOTAL ttesebbl: ~ z1 eew, - Gus TOTAL (na-he~able):1 tt.oo aCCEPTIsO er: rA~a ~ i.760 x ~:!< 212.f9 DATE GRAND TOTAL: { 23111.00 Notla (g arry-: o~r.oa m ~ a a ianezDro EXHIBIT C Memorandum of Project Imalementation Asreemen_t (See Attached) 761874. I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin Attn: Ken Nishikawa 300 Centennial Way Tustin, CA 92780 Exempt from recording fee per Government Code §§ 6103 and 27383 APN: 432-424-32 (Space Above This Line for Recorder's Use) MEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT Tliis Memorandum of Project Implementation Agreement (this "Memorandum") is made and entered into as of the day of , 2011, by and between the CITY OF 'fUSTIN, a municipal corporation of the State of California ("City"), and the TUSTIN COMMUNI"TY REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency"), on the one hand (City and Agency are collectively referred to herein as "City"), and KEECHUL PARK and JOY JUNGIN PARK on the other hand (collectively referred to herein as "Owner"). A. Owner and City have entered into that certain Project Implementation Agreement, dated as of 2011 (the "Agreement"), which Agreement, as executed, is attached hereto as Exhibit B and incorporated herein by this reference. B. ~Che Agreement affects and relates to that certain real property owned by Owner located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on Exhibit A attached hereto and incorporated herein by this reference. C. Owner and City desire to execute this Memorandum to provide notice of the existence of the Agreement and all rights and obligations under the Agreement to all appropriately interested persons, including without limitation any and all future owners of the Property or any part thereof or any interest therein, and in no way modifies the provisions of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Owner hereby agree and contirm as follows: 1. Definitions. All capitalized words used herein, unless otherwise defined, shalt have the meanings ascribed to them in the Agreement. Terms of Agreement. (a) Pursuant to the Agreement, Owner has accepted aone-time Mitigation Payment from City as consideration for, and/or in full satisfaction of all costs and expenses for, (i) Owner's cooperation in City's installation of a Sound Wall adjacent to or abutting the Property; (ii) Owner's grant to City of a temporary license to enter "161874. I the Property and document its existing condition; (iii) installation of the Property-Specific Improvements applicable to the Property; and (iv) the future Ancillary Costs incurred or suffered by Owner or its tenants as a result of the implementation. of the Project and Noise Reduction Improvements. (b) Pursuant to the Agreement, by its acceptance of such Mitigation Payment, Owner acknowledged and confirmed the sutiiciency of such Mitigation Payment to fund and implement the Noise Reduction Improvements applicable to the Property, and confirmed its acceptance of such Mitigation Payment as full satisfaction of Owner's right to installation of applicable Noise Reduction [mprovements and as full payment for the Ancillary Costs. (c) Pursuant to the Agreement, by accepting the Mitigation Payment, Owner has confirmed City's fulfillment of its obligation, if any, to cause installation of the Property-Specific Improvements and Noise Reduction Improvements under the ,4pplicable Mitigation Measures, that City has no further obligation to cause installation of any Noise Reduction Improvements or Property-Specific Improvements, and that any and all such Property-Specific Improvements to the Property shall be implemented by Owner. (d) Pursuant to the Agreement, Owner has further acknowledged and agreed that City's performance of the provisions of the Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration 1'or any and all claims that Cwner, and its successors and assigns, may have against City by reason of City's obligation to install the Noise Reduction Improvements pursuant to the i/IR and/or for any future Ancillary Costs incurred or suffered by Owner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. (c) Pursuant to the Agreement, Owner has confirmed that its acceptance of the Mitigation Payment shall be sufficient consideration for the release of City by Owner and all of Owner's heirs, successors, assigns and successors in interest in and to the Property, from present and future claims, damages, liabilities and causes of action relating to the installation of the Noise Reduction Improvements or Ancillary Costs incurred or suffered by Owner or its tenants, as such releases are more particularly set forth in Section 6 of the Agreement. (t) The waivers, releases, obligations and covenants of Owner more fully set forth in the Agreement are and shall be binding upon Owner and all of Owner's heirs, successors, assigns and successors-in-interest in and to the Property or any part thereof. By taking title to the Property, such heirs, successors, assigns, successors-in-interest and other transferees of Owner acknowledge and agree to be bound by this Memorandum and the Agreement. 3. Provisions. To the extent of any inconsistency between the Agreement and this Memorandum, the Agreement shall control. 4. Successors and Assigns. This Memorandum shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 2 761874.1 5. Governing Law. T}iis Memorandum shall be governed in accordance with the laws of the State of California. 6. Recordation. City and Owner hereby confirm and acknowledge that this Memorandum shall be recorded in the OiTicial Records of Orange County, California, following execution. 7. Cguntervarts. This Memorandum may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first written above. OWNER By: Keechul Park By: Joy Jungin Park CITY CITY OF TUSTTN, a municipal corporation of the Mate of California By: _ 1`Iame: "('itle: AGENCY 'TUSTTN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency By: Name: Title: A"I"TEST: By: Pamela Stoker City Clerk APPROVED AS TO FORM: By: Douglas C. Holland City Attorney 3 761874.1 State of California ) ss. County of ) On before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PF.NnL'1'Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ~s i x~a. i State of California ) ss. County of ) pn before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJUKY --nder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 761A74.1 State of California ) ss. County of ) On before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ~~is~a.t f:XHIBIT A Legal Description of Property Lot 19 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 323, Pages 27, 28, 29 and 30 of Miscellaneous Maps, records of Orange County, California. APN:432-424-32 ~~ix~a i EXHII3IT B Fully-Executed Project Imalementation Asreement (Sce Attached) ~~~ i spa. i RECORDING REQUESTED BY AND `JVHF.N RECORDED RETURN TO: City of Tustin Attn: Ken Nishikawa 300 Centennial Way "Tustin, CA 92780 Exempt from recording tee per Government Code §§ 6103 and 27383 APN:432-424-32 (Space Above'fhis Line for Recorder s Use) 1VIEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT This Memorandum of Project Implementation Agreement (this '`Memorandum") is made and entered into as of the ~r_ day of ~i,tyt e , 2011, by and between the CITY OF TUSTIN, a municipal corporation of the State of California ('`City"), and the TUSTIN COMMUNITY R1:DEVELOPMENT AGENCY, a California redevelopment agency ('`Agency"), on the one hand (City and Agency are collectively referred to herein as "City"), and KEECHUL PARK and JOY JUNGIN PARK on the other hand (collectively referred to herein as '`Owner"). A. Ow er and City have entered into that pertain Project Implementation Agreement, dated as of ~' 2 ~ ~ i 2011 (the "Agreement"), which Agreement, as executed, is attached hereto as Ex -bit B and incorporated herein by this reference. B. The Agreement affects and relates to that certain real property owned by Owner located in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described on F,xhibit A attached hereto and incorporated herein by this reference. C. Owner and City desire to execute this Memorandum to provide notice of the existence of the Agreement and all rights and obligations under the .Agreement to all appropriately interested persons, including without limitation any and al( future owners of the Property or any part thereof or any interest therein, and in no way modifies the provisions of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Owner hereby agree and confirm as follows: ]. Definitions. All capitalized words used herein, unless otherwise defined, shall have the meanings ascribed to them in the Agreement. Terms of Agreement. (a) Pursuant to the Agreement, Owner has accepted aone-time Mitigation Payment from City as consideration for, and/or in full satisfaction of all costs and expenses for, (i) Owner's cooperation in City's installation of a Sound Wall adjacent to or abutting the Property; (ii) Owr_er's grant to City of a temporary license to enter the Property and document i-s existing condition; (iii) installation of the Property-Specific Improvements applicable to the Property; and (iv) the future Ancillary Costs incurred or suffered by Owner or its tenants as a result of the implementation of the Project and Noise Reduction Improvements. (b) Pursuant to the Agreement, by its acceptance of such Mitigation Payment, Owner acknowledged and confirmed the sufficiency of such Mitigation Payment to fund and implement the Noise Reduction Improvements applicable to the Property, and confirmed its acceptance of such Mitigation Payment as full satisfaction of Owner's right to installation of applicable Noise Reduction Improvements and as full payment for the Ancillary Casts. (c) Pursuant to the Agreement, by accepting the Mitigation Payment, Uwner has confirmed City's fulfillment of its obligation, if any, to cause installation of the Property-Specific Improvements and Noise Reduction Improvements under the Applicable Mitigation Measures, that City has no further obligation to cause installation of any Noise Reduction Improvements or Property-Specific Improvements, and that any and all such Property-Specific Improvements to the Property shall be implemented by Owner. (d) Pursuant to the Agreement, Owner has further acknowledged and agreed that City's performance of the provisions of the Agreement, including payment of the Mitigation Payment, shall constitute full and fair compensation and consideration for any and all claims that Owner, and its successors and assigns, may have against City by reason of City's obligation to install the Noise Reduction Improvements pursuant to the EIR and/or for any future Ancillary Costs incurred or suffered by Owner or its tenants as a result of implementation of the Project and the Noise Reduction Improvements. (e) Pursuant to the Agreement, Owner has confirmed that its acceptance of the Mitigation Payment shall be sufficient consideration for the release of City by Owner and all of Uwner's heirs, successors, assigns and successors in interest in and to the Property, from present and future claims, damages, liabilities and causes of action relating to the installation of the Noise Reduction Improvements or Ancillary Costs incurred or suffered by Owner or its tenants, as such releases are more particularly set forth in Section 6 of the Agreement. (f1 The waivers, releases, obligations and covenants of Owner more fully set forth in the Agreement are and shall be binding upon Owner and all of Owner's heirs, successors, assigns and successors-in-interest in and to the Property or any part thereof. By taking title to the Property, such heirs, successors, assigns, successors-in-interest and other transferees of Owner acknowledge and agree to be bound by this Memorandum and the Agreement. - 3. Provisions. To the extent of any lnconsiStency between the Agreement and this Memorandum, the Agreement shall control. 4. Successors and Assigns. This Memorandum shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 2 ~,,i . -; i 5. Governin_.g Law. This Memorandum shall be governed in accordance with the laws of the State of California. 6. Recordation. City and Owner hereby confirm and acknowledge that this Memorandum shall be recorded in the Official Records of Orange County, California, following execution. 7. Counterparts. This Memorandum may be executed in counterparts, each of which shall be deemed an original and which together shall constitute a single agreement. IN W11'NESS WIfEREOF, the parties have executed this Memorandum as of the date first written above. OWNER Keechul Park Joy Jungin Par CITY CITY OF TUSTIN, a municipal corporation of the State of California By: _ Name: Title: AGENCY TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency By: Name: "title: A (TEST: By: Pamela Stoker City Clerk APPROVED AS 't0 FORM: By: .,ni,__ i 3 Douglas C. Holland City Attorney State of California ) ss. County of r%r' ~*'~~ ~ ) On ~~„~C ; ~Si ,.;7~ II before me, ~i> ~ ~~~Y~ l~ ,~rzP~ti,+«= , a notary public, personally appeared ~>st,~t hr~k-k- '*- ~~-{ n~rzk ,who proved to me on the basis of satisfactory evidence to be the persons whose name>~ ief/~E subscribed to the within instrument and acknowledged to me that he~s#~e/Tie executed the same in tar/ ei uthorized capacityl~ and that by I}isflter ei ignature~~,'y on the instrument the person, or the entity upon behalf of which the pcrson(l~ acted, executed the instrument. I certify under PF,NALl'Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. h WITNESS my hand and official seal. ignature (Seal) ~+PAO CARD! ALE CarwnisWoa ~ t ~795t NotM- Pu01ic - CiNforni~ ~~ C~J1~ 31, 2011 -r,u -- i State of California ) ) SS. County of ) On before me, _ , a notary public, personally appeared _ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL"TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ~~,i -, State of California ) ss. County of ) On before me, , a notary public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W [NESS my hand and official seal. Signature (Seal) ~h l x77 l EXHIBIT A Leal Description of Property i~ot 19 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 323, Pages 27, 28, 29 and 30 of Miscellaneous Maps, records of Orange County, California. APN: 432-424-32 'r,t -.i EXH1BiT B Fully-Executed Project Implementation Aereement (See Attached) ~~,ix;~ ~ Tustin Ranch Road Homeowner Agreements June 28, 2011 Receptor No. Name Address Signed City Council 1 Pablo and Silvia Hinojosa 2351 Fig Tree Dr. Y 6/7 2 Carolyn Doyle 2361 Fig Tree Dr. 3 Angela Zhang & Erick Canche 2362 Fig Tree Dr. 4 Joseph Gehley 2361 Basswood Circle 5 Frank & Shawna Barilla 2362 Basswood Circle 6 Michael & Linda O'Neil 2361 Sable Tree Circle Y 6/21 7 Donald & Tammis Berkheimer 2362 Sable Tree Circle Y 6/21 8 John Caamano 2361 Ana Tree Place * 7/19* 9 Janice Dukes 2362 Ana Tree Place Y 7/5* 10 Julie Fralick 2361 Caper Tree Dr. Y 6/21 11 Richard & Barbara Schroer 2371 Caper Tree Dr. Y 6/7 12 James & Marsha Lindsey 2372 Caper Tree Dr. Y 6/21 13 Patrick & Vickie Crabb 2371 Silk Tree Dr. Y 6/21 14 Patricia de la Pena 2381 Silk Tree Dr. * 7/19* 15 Shaun & Linda Rusmisel 2372 Silk Tree Dr. 16 Daniel & Lisa Bright 2381 Coco Palm Dr. 17 Marlene Eich 2391 Coco Palm Dr. 18 Daniel & Susan Ellis 2382 Coco Palm Dr. Y 6/21 19 Weidong Wang & Xinxin Qiao 2381 Apple Tree Dr. Y 6/21 20 DeShaun, Albert, & Cheryl Foster 2391 Apple Tree Dr. 21 Keechul & Joy Park 2392 Apple Tree Dr. Y 7/5* *Pending