HomeMy WebLinkAbout17 APPROVE HOMEOWNER AGMTS IN CONJUNCTION WITH TUSTIN RANCH ROAD EXTENSION• Agenda Item 1 ~
AGENDA REPORT Reviewed.'
City Manager
Finance Director '~ '
MEETING DATE: JULY 19, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER AND EXECUTIVE 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
This item was continued from the July 5, 2011 City Council and Redevelopment Agency meeting.
Staff is requesting 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 19, 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.
Christine A. Shingleton
Assistant City Manager
i~
D u I s .Stack, P.E.
Dire ~ f 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)
S:\City Council Items\2011 Council Items\Approval of Homeowner Agreements and Memoranda for Receptors 9 & 21 for TRR
Extension Project CIP 70100.docx
RECORDING REQUESTED BY AND
~~t(EN RECORDED RETURN TO:
Ciry of Tustin
:1ttn: Ken Nishikawa
300 Centennial Way
Tustin, CA 92?80
Exempt from recording fee per
Government Code §~ 6103 and 27383
APN: 432-462-22 ;Space Above This Line for Recorder's I;se)
VIE~IORANDUM OF PROJECT IMPLEMENTATION AGREEMENT
This Memorandum of Project Implementation Agreement (this `'Memorandum") 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 Ti1STIN COMMUNI"I"Y
REDEVF,LOPMENT AGENCY. a California redevelopment agency ("Agency"), on the one hand (City
and Agency are collectively referred to herein as "City''), and JANICE C. DUKLS 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 I3 and incorporated herein by this refe.ence.
E3. The Agreement affects and relates to that certain real property owned by Owner located
in the City of "Tustin, County ol~ 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 fvlemorandum 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 modities the provisions of the Agreement.
NOW, "THF,REFORE, 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. L`efinitions. 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, O~Nner has accepted aone-time Mitigation Payment
from City as consideration for, and/or in ful l satisfaction of all costs and expenses
tor, (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
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 Redaction 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 he implemented ~y 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
Itnprovetnents 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.
(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. 13y 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. "lo the extent of any nconsistency between the A~-eement and this
Memorandum, the Agreement shall control.
4. Successors and AssiL~rts. This Ivlemcrandwn shall be binding upon and inure to the
benetit of each of the parties hereto and their respective successors and assigns.
5. Governing L,aw. This Memorandum shall be governed in accordance with the laws of the
State of California.
6. Recordation. City and Uwner hereby confirm and acknowledge that this Memorandum
shall be recorded in the Official Records of Orange County, California, following execution.
7. Counterparts. "Phis Memorandum may be executed in counterparts, each of which shall
be deemed an original and which together shall constitute a single agreement.
1N WITNESS WHEREOF, the parties have executed this Memorandum as of the date tlrst
written above.
OWNER
1 Ems- ~'~ ~~~~~~--
/~ nice C. Dukes
CITY
CITY OF "I'UST[N, a municipal corporation of the
State of California ,= ~-` ~
',~ , .~
By: ~~~1 ~ ~ ~ 1' >L~~
N acne:
;'
T tle/
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AGENCY
TUS'i'IN COMMUNITY REDEVELOPMf:NT
AGENCY, a California redevclop~ent agency
/__..
Name:
Tale:. __.
_.
ATTES"t:
By: _._ -
amela Stoker
City Clerk
APPROVED AS "I'O FORM:
i3y:
Douglas C. Holland
City Attorney
-„~~i; i
State of California )
ss.
County of ~)
pig i before me, ~aj~ h I/hJ1~~'YM~ QhW1~~a notary public,
personally ap ared ~ .who proved to me on the basis
of satisfactory evide ~ to be the person whose name( is/aye subscribed to the within instrwnent and
acknowledged to me that-ke/she%#tey executed the same in Iris/her/tluair authorized capacityf+es), and that
b_v histher/il~ir signature(sron the instrument the person4s~; or the entity upon behalf of which the
personfs) acted, executed the instrument.
[ certify under PF,NALTY 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.
(Seal)
SANOHYA CHOYN~Pa4WAR
ComnMUbn ~- 1 til52e1
Notaryr PuOHC • CxIMonN~
Onnq~ Countp
M Comm. Ex a Mat i t, 2015
EXHIBIT A
'! e~al Description of Property
Lot 45 of Tract 7813 in the City of Tustin, County of Orange, State of California, as shown on a map filed
in Book 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County,
California.
nPN:432-462-22
-r,~, i ; i
EXHIBIT B
Fully-Executed Project Implementation Agreement
(See Attached)
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~'
PROTECT IMPLEMENTATION AGREEMENT
(Noise Reduction lmprovements-"Tustin Ranch Road Extension)
This Project Implementation Agreement (this "Agreement") is made and entered into as of the
day of _ _ . 201 1, by and beriveen the CITY OF TUSTIN, a municipal corporation of
the State of California ("City"), and the TUSTIN COMMl1NITY REDEVELOPMENT AGENCY, a
Caliti~rnia 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").
:1. 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/ETR for the Disposal and Reuse of MCAS Tustin for Zone Change (Specitc
Plan Amendment OS-002) (collectively, the "F.[R").
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 lmprovements")
(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 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 ?roperty 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.
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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 lmpravements. 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 for potential Ancillary Costs.
2. Mitigation Pam. City hereby agrees to pay Owner a Mitigation Payment in the
amount of Eight Thousand Two 1{undred 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) 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 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 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 [mprovements 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-Specitc 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. 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 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.
5. 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 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 pleasures, 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 Owner of the Mitigation Payment, City has no control over Owner's timing of and
7~zz ~ a. i
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, Uwner
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 ot; 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
Isom 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 sutfered 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
I~erein 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 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 UNKNOWN OR UNANTICIPATED RESULTS OF, OR
RELATED TO, THE MATTERS RELEASED ABOVE, AS WELL AS TIIUSF,
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
~nz2 i~. i
have under section 1542 of the Civil Code to the full extent that such rights and benefits
may he lawfully waived pertaining to the subject matter of this Agreement.
7. D_ ocumentation of Prvperty 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 fur
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
i00 Centennial Way
Tustin, CA 92780
Attention: Mr. Ken Nishikawa
ti/oodrut~; 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 Assi ns. "phis Agreement shall be binding upon and inure to the benefit
of each of the parties I~ereto 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.
10. 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 he 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
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agreement shall be recorded against the property in the Official Records of Orange County following
execution of thereof.
13. Governin Law. "this Agreement shail be governed in accordance with the laws of the
State of California.
14. Counterparts. 'hhis Agreement may he executed in counterparts, each of which shall he
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.
OWNF,R
By: c c ~^u~"~ --
ice C. Dukes
CITY
CITY OF TUSTIN, a municipal corporation of the
State of Calif~rgia '
^ „
1`Iar`r-c: ~ ~, i
Titlez' , f ~
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AGENCY
TUS"I'IN COMMUNITY RF,UEVELOPMENT
P,GENCY, a~alifornia redevelopment agetfc;y
,.
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,, s,
:Name; ~ ~
Title: /
/ -
A'TTEST:
~'.
E3y:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
~hzzia.i
'r:~CHIBIT 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 tiled
in [3ook 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County,
California.
APN: 432-462-22
762214.1
EYIiIBIT B
r'oise Reduction Improvements
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 S1'C, as further 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.
762214. I
VISTA Ei~TVIRONI~IENTAL
January 27, 201 I
Ken Nishikawa
Tustin Legacy Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
SUBJECT: TUSTIN RANCH ROAD NOISE iVIITIGATION 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 Finu! EI.S/EIR
jor the Disnosul and Reuse of the Marine Corps Air Station Tustin, Culifornia Extension of
Tustin Ranch Ruud Between Walnut Avenue and the Future Alignment of Valencia 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 "fustin 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, 201 I 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, retrofit windows.
i D21 DIDRIKJ~V ~VAY
LAG(1NA BEACH CAL:FO~.NIA 9%651
~?-io~E 949 510 5355
=ACSI~tiLE 949 715 3629
ELECTROvtC GREG@V;STALB.CCM
Page 1 of 2
::em ',Nindow Size Cost ~escri
Window-1 4'0"x4'0" $561.90 White vinyl, dual-pane, STC 35 retrofit frame
Window-2 6'0"x3'6" 5681.59 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 No permits required for retrofit style windows
Total Cost X5,211.60
The total calculated cost to replace the windows is $5,211.60. Additional details of the windows
to be ordered are attached. Please call me at (949) S 10-5355 if you would like me to proceed
with making the above improvements or have any questions related to the above.
Sincerely,
~j~
Grcg Tonkovich
Senior Analyst
Vista Environmental
VISTA Eh1VIRON:VIEtiTAL
:021 DIDRiK$ON WAY
L yGUVA 3EACH CALIFORNIA 92651
?xovE 949 510 5355
:'ACS;MILE 949 1 ~ 369
3LFC^'RONiC GREG@ViSTALB.CO!it
?AGE 2 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
`Y~ST LQ
EX/ST LOT LINE i
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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 Styie
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
SCURCE: Ste Hsit on Janua 20 2010 at a~0p m met with Janice Dui®e.
~ VISTA ENVIRONMENTAL Receptor 9
2362 Ana Tree Place
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EXHIBIT C
Memorandum of Project Implementation Agreement
(Sce Attached)
~~zzta.t
RECORDING REQUESTED BY AND
WHF,N RF.:CORDED RETURN'i'O:
City of Tustin
Attn: Ken Nishikawa
X00 Centennial Way
Custin, CA 92780
Exempt from recording tee per
Government Code $$ 6103 and 27383
APN:432-462-22 {Space Abovc'I'his Linc for Recorders Use)
MEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT
'I~his Memorandum of Project Implementation Agreement (this "Memorandum") is made and
entered into as of the day of , 2011, by and between the CI"I'Y OF TUSTIN, a
municipal corporation of the State of California ('`City''), and the TUST[N COMMUNITY
REDEVELOPMENT AGENCY, a California redevelo:~ment 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 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, TIfEREFORE, for good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the City and Uwner hereby agree and confirm as follows:
1. Definitions. All capitalized words used herein, unless otherwise defined, shall have the
meanings ascribed to them in the Agreement.
Terms of Af~reement.
(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
7fi221d.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 tcnants 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 Costs.
(c) Pursuant to the Agreement, by accepting the Mitigation Payment, Owncr 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 Uwner, and its successors and assigns, may have
against City by reason of Ciry'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. I o the extent of any inconsistency between the Agreement and this
Memorandum, the Agreement shall control.
~1. Successors and Assi ns. "This Memorandum shall be binding upon and inure to the
benefit of each of the parties hereto and their respective successors and assigns.
~~~~ia.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 contirm 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 WI'T'NESS WIiEREOF, the parties have executed this Memorandum as of the date tirst
written above.
OWNER
Rv:
Janice C. Dukes
CITY
CITY OF TUSTIN, a municipal corporation of the
State of California
By:
Name:
Title:
AGENCY
TUS"1'!N COMMUNI"rY REDEVELOPMENT
AGENCY, a California redevelopment agency
By:
Dame:
"f itle:
ANTES"I':
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
~~zzta.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 wirhin 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 instn~ment.
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.
Signature
(Seal)
~~?zia.i
State of California )
ss.
County of _ )
O^ _ 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 OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS lny hand and official seal.
Signature
(Seal)
762214.1
State of California )
ss.
Cuunty 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), ur the entity upon behalf of which the
person(s) acted, executed the instrument.
[ 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)
762214.1
~xH~ir A
Ire~al Description of Property
C.ot 45 of "Tract 7813 in the City of "hustin, County of Orange, State of California, as shown on a map tiled
in Book 344, Pages 42 through 47 inclusive of Miscellaneous Maps, records of Orange County,
California.
:LPN: 432-462-22
~~z~ t a. i
EXHIBIT B
Fully-Executed Project imalementation Agreement
(See Attached)
~~zz i a. i
RECORDING REQUESTED BY ANU
'JVHF.N RECORDED RF."rtJRN TO:
City of Tustin
Attn: Ken Nishikawa
300 Centennial Way
"Custin, CA 92780
Exempt from recording tee per
Government Code §§ 6103 and 27383
APN: 432-424-32 ISpace nbove'Chis Line for Recorder's Usc)
MEiV10RANUUM OF PROJECT IMPLEMENTATION AGREEMENT
This Memorandum of Project Implementation Agreement (this "Memorandum") is made and
entered into as of the ~ day of ~,,ll't ~ , 201 1, by and between the CITY OF TUSTIN, a
municipal corporation of the State of California ('`City"), and the TUSTIN COMMUNITY
KIiDEVELOPMI;NT AGENCY, a California redevelopment agency ('`Agency"), on the one hand (City
and Agency are collectively referred to herein as "Ciy"), and KEECHUL PARK and JOY JUNG[N
PARK on the other hand (collectively referred to herein as "Owner").
A. ()w er and City have entered into that pertain Project Implementation Agreement, dated
as of ~' ' t + 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 ~~f 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 adeyuacy of which are
hereby acknowledged, the City and Owner hereby agree and confirm as follows:
1. Definitions. All capitalized words used herein, unless otherwise detined, 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 casts 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
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 ar.d Noise Keduction 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 o 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
[tnprovements, 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 BIR 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) T}te 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 Memcrandum shall be binding upon and inure to the
henefit of each of the panics hereto and their respective successors and assigns.
,,,~ -; i
S. Governin Law. This Memorandum shall be governed in accordance with the laws of the
Slate of California.
6. Recordation. City and Owner hereby c;>nfirm 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.
1N WITNESS WIIF,REOF, the parties have executed this Memorandum as of the date first
written above.
OWNER
~/ ~ /~)
I3y: ~2~ L ~,i i~...i~/~LrZ.tL
Keechul Park
~~ 1 ~ ~~ f 7
Joy Jungin Par
CITY
CITY OF TUSTfN, a municipal corporation of the
State of California /%
~' -
Name',
Title!
l
AGF,NCY
TUS'r1N COMMUNITY REDEVELOPMENT
AGENCY, a California redevejo~nent agency
;~ ,.
~~
~ ~--
B ~ ~~ i
~"-- "- x.
Name;' ~~~
'fitje
A"I'TEST:
By' --
amela Stoker
City Clerk
APPROVED AS 'I'O FORM:
By: _
Douglas C. Holland
City Attorney
3
-„i~ --,
State of California )
SS.
County of ~'~~ ~,~,,._~; ~~~~ )
r.
On ~~, _, ,~`C= ~ ~ ?, _;~~ I( before me, _~~~, : ~-', >c 1. ~ `~ e )i ~~ iti , , C C f , a notary public,
personally appeared ~,~~ ~~,-=1 1'~~r~.k-_ ~ ~;: ~ti '~?s: k ,who proved to me on the basis
of satisfactory evidence to be the persons ,whose name{~j ie%Ct„~ subscribed to the within instrument and
acknowledged to me that he~sbe/~ie~;executed the same in l~is~r/die r authorized capacity(Q jl and that
by h~sfher/~~§ignature~y on the instrument the person(, or the entity upon behalf of which the
person(Q acted, executed the instrument.
I certify under PENAL~1'Y OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. p
r ~
WITNESS my hand and official seal. ~ '',
. ignature -
(Seal)
~IAN•PAOLO CAtgOlNAIE
Cortwefubn N 1 dS79Ss
Nohryr Publk • CiN10rIH~
Opnp~ CouM~r
Comm. Ex t: Jui 31, ?O t ~
-r,i; --
EXHIBIT A
Legal Description of Property
Lot 19 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown nn a map
recorded in Book 323, Pages Z7, 28, 29 and 30 of Miscellaneous Maps, records of Orange County,
California.
~1PN: 432-424-32
-r,i _, i
EYH1BiT B
Fully-Executed Project Implementation Agreement
(See Attached)
r
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 TUS'TIN, a municipal corporation of
the State of California ("City"), and the TUSTIN COMMUTiI"DY 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 PAKK 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.
t3. City proposes to construct an extension of "Dustin 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/FIR for the Disposal and Reuse of MCAS
Tustin; Final Supplement # 1 to the Final E[S/EIR for the Disposal and Reuse oI' MCAS Tustin for "Dustin
Ranch Road Extension-Walnut Avenue to Valencia North Loop Road (Final Supplement); and
Addendum to the Final E[S/EIR for the Disposal and Reuse of MCAS Tustin for Zone Change (Specific
flan 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.")
E. The technical studies in the F.IR analyzed the Noise Reduction Improvements and found
that they are sufficient to mitigate noise impacts resulting following the completio-t 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.
~n t spa, t
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 contrm 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 lmprovements 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 fbr potential Ancillary Costs.
?. Mitigation Payment. 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
~'Vall adjacent to or abutting the Property as shown in Exhibit B; (ii) Owner's grant to City of a license to
enter and document tho 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
lmprovements, 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 Owner of the Mitigation Payment.
3. ]mplementation of Property-Specific lmprovements 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 [mprovements. Owner hereby
acknowledges and confirms that City has obtained and provided Owner 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.
5. 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 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.
n,is~a.t
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 Maims 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 sat 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 constn~ed 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 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 "I'O ALL UNKNOV4'N OR UNANT[CIPA'fED RESULT'S OF, OR
RELATED TO, THE MA"I'TERS RELEASED ABOVE, AS WELL AS THOSE
KNOWN AND ANT[CIPAT'ED. 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 ltim or her must
have materially affected his or her settlement with the debtor.
3
761874.1
Owner understands and acknowledges the significance and consequence of this specific
waiver of section 1 X42. I laving 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 ]awfully 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 [mprovements 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 celivered 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
C:~sta 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 Owner.
l0. 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.
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 t}~e 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 tl~e case may be, shall not be affected thereby.
4
~~is~a i
12. Memorandum of A~,reement. 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 he recorded against the property in the Official Records of Orange County following
execution of thereof.
13. Governing_I,a_w. 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.
above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
OWNER
fay:
Bv:
__ ~'~
Keechul Park ~-
Joy Jungin
CITY
CITY OF TUSTIN, a municipal corporation of the
State nF('aliFnrnia
By:
1\ am
Tit
r
AGENCY
Ti1STlN COMMUNITY REDF;VELOPMF.N'I'
AGF,NCY, a California redevels~p~nent agency
i~ ~
By r~~I
Title`.
ATTF.,ST: `~
13y:
Pamela Stoker
City Clerk
APPR0I~EL~ AS TO FORM:
By:
Douglas C. Holland
City Attorney
n,~s~~.i
F!~CI-11BIT A
I.e~al Description of Property
nddress: 2392 Apple Tree Drive
Tustin, California 92780
l,e~al Description:
Lot 19 of'1'ract 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
761874.1
EXHIBIT B
Noise Reduction Improvements
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 (S"fC) rating of at least 35 STC, as further described in
the January 26, 2011 assessment report prepared by Vista Fnvironmental attached hereto.
?. 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, 2011 assessment report prepared by Vista
Environmental attached hereto.
IGIR7d.1
VISTA E~IVIRONyIEl+TTAL
January 26, 201 l
Ken Nishikawa
Tustin Legacy Development Services Manager
City of Tustin
300 Centennial Way
"Custin, 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 tv the
Final ELS/EIR,fvr the Disposal and Reuse of the Marine Corps fir Station Tustin. California
E.Ytension of Tustin Ranch Road Between Walnut .Avenue and the Future Alignment 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 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
alt 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 "Cransmission Class
(STC) rating of at (cast 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 from
Vista F,nvironmental, Kenco Builders (562) 547-1993, and Gomez Heating and Air Conditioning
Inc. (877) 804-2891, 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 DIDRIKSGN `N.4Y
LAGUNA BEACH CALIFORNIA 92651
?3oNE 949 510 5355
ACSIMILE 949 715 3629
CLI;CFRONIC G2EG~VISTALB.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 $5,678.75
'i'he total calculated cost to replace the windows is $5,678.75. Additional details of the windows
to be ordered are attached. Please call me at (949) 510-5355 if you would like me to proceed
with making the above improvements or have any questions related to the above.
Sincerely,
~~~
Greg Tonkovich
Senior Analyst
Vista Environmental
VISTA ENVIRON:VIE~ITAL
1021 DIDRIICSON WAY
1.AGUNA BEACH CA!.:FORN(A 92651
~HeNE 949 510 5355
ACS;xILS 949 715 3629
ELECTRONIC GREG(~VISTALB.CO~t
PAGE 2 of 2
Mitigation: Provide forced air-ventilation on 2nd floor if not existing. Provide 35 STC-rated
windows/doors on 2nd floor.
I
I
~r
i ~ '
~ /
,/
I ~
i ~ ~,
, ~~
~ 2391 AEI
2392 APPLE TREE DRIVE ,~
3 ~/
21 ~'
~''~ ~
1/
EX/ST. LOT' UNE
/ ;'
i
/ 72
Forced Air Unit -Unit was tested and is capable of blowing air without heat for entire
house.
W/D # Room Size Material
W-1 Bedroom 6'X3'6" Vinyf, Dual Pane, with Grid, retrofit
with 5" outside trim
W-2 Bedroom 4'x4' Vinyl, Dual Pane, with Grid, retrofit
with 5"outside trim
W-3 Master Bedroom 10'x3'6" XOX Vinyl, Dual Pane, with Grid, retrofit
with 5" outside trim
~ VISTA ENVIRONMENTAL Receptor 21
2392 Apple Tree Drive
_ ~~~tsd ~ucte
~~ -~ !~~ndsay Lumber Company
- ~ -' ~ 5101 S. Paramount slue
?arsnourrt, CA 90723
~6YS~:1-1715
?n>~et 1MOrrrtation
~~.ec ooo2n
3alaa Rap: Stn Jys
Si8rarl ~ Qalhr~
CuMonlar: XENCO BUILDERS
TennM:
CararNrMa:
x
-- --- Pro)aetl0r. 272 -
Quor Dala: 12116/2010
?r1t~t Oat: 1 2/1 6120 1 0
AO:
Eat. WfhKy. -- ----
~-ttr RaoNpf o/ Order)
~~ - -_ _ ~ _
I
~ 3 9~ /~O~t £ flI FE lei? .
>
~; Fat:
'~aeKrfaehmM: AAUpanO
ftrn: 0001 Laealian:
Q~4r 1 'escarry, 8140T, rN, Ft0 72• t 1T UF: 0.49, SGC: 0.48, KT: 0.32 276.93
7132" L~rnkralad (Sa6rly Otaa) acrd 311 Char 272.58
Wlda Z$ar 23.67
Flt Grids 43.86
~.1- . __ . ._ Fln PlaaamsrrC NJlda Z-Bar, SWinp Oiacifon: XO; Frartu Color WINM;
OptbrW ExbaAOr Cobr. Noma; Gt:inp: DaJal Girraad fln.utt.d Gi4aa);
~ _ - ~ i - Eearplr padypr plo; A+vraMad Ak Outr Olaaa Lib Optiarc larrlnalad
(Salary OIaN~ toner Otea lib Optiorc Clan c3loaa THdr 1: 7Id2";
Gtaaa Tllidc 2: 3/18`; EdpaOardMA7L• No; QM FIMd: Noma: Grld Color:
YNMb; Grid Conlfpursllon: SGk Grid Patlwn: 8YV3Fl; Kandla Typa:
SmrFTourh; Scan: Sagan vrih PuM Ralk
Evan Ofouph tl!• dlspram d tltt 9~ rtny trot Nna up aecaclly,
manrAarturw arAl Mna up firs pAda aNan bokp DuM.
une Ilem Comment:
BBarta Tafal: t 421.04
D6enr Qurntltf Totak f 621.04
Cuseun»r Approval:
nAlala
anr.a rn ~ a ~ ,~neao+o
~.wae~w.r: ~g+~
~,; ooos taeason:
1 Taaeerry, 01407, HV, RO ~ x 4C UF: 0.49, SOC: 0.45, VIT: 0.82 249.44
7r3r lamkralad (SafMy Glsas} and 3118• Cigar 207.79
u+nd. z~.r 20.12
~~ orida 34.63
~~ ^_ =1 'hamTahl: t 511.96
Ffn Plaartxx+t Wide 2~8ar, SNdYq t71re4lon: XO; Frame Color: WhOr S2om Quantlgi TaW: { 811.96
Optbnal 6rOSrior Color. None; GYdrra Dual Glared (IrruiaMd Olaas);
energy l~adtaga: No; Anneefa0 At OuM Glen Lke Op0on: Lamiupad
f (Sa1dy Glan); IrxrM Glen Llta Optbn: Clan, Glaa Thick 1: 7rSr;
i ~ Glop Thidt 23118`, E4gsf3ndNA7C No: Oas Fssd: Norio; (irfd Color:
uVh10e; Grid Conflpurelbrr: S1,3; Grld Patlwn• 4MNH; FlandY Type:
~rrartToud-; Saaen: Screen rNtti PuB RaF
wen tholbl ifra dhgnm d tIM grids may not IMra up exsatly,
rnanu(aelrrrer wlr Wr9 W OIa grlda rN,an beYrg twR
Lies Item Cornrnents:
Cuetorner •'4PP~r:
nNaY
~arMrlkarer. aAlrga rel _
".9am: 0003 ~oarafiore
'IIlartdNlr: 1 Tuscany, 81407, OV, RO 120' x 4r UF: 0.40. SOC: 0.46, VLT: 0.32 483.91
71d2" t.arnYraead (Sabty Glw) end 3H6" Clear 483.86
VYlda Z~ar 33.70
Ftet (~rlde 75.!!2
-~ - Btiero Tafal: { 1047.39
Fin Plaarrewrt Wide ZrBar. SNdlrq OMertbn: %OD(; Vertinl Vent Sets: "~+ Toi1a1: { 1047.39
114, iQ, iM; Frartra Cabe YMflia; Optiolrai Exbrior Cobr. Nona; O1t:fng:
coal til~ad nne~++aa awN; ~ P.cag.: No; Annselad Ark oular
Glace Lis Optlorc LanMnaled (sahgr Giaaa$ Unrr (ii.. ua op6a+:
ci..r c~lpe T1,Idt 1: 7f32'; Glaaa TAkk r. 3116'; ~,eniWx No;
Gp F9Nd: None; c{rm Cobr. wlil{~ ca<td CanltOtratlon: Sci; Grid
Pellem: 11Yr3{i; tlandla TyF9: SmartTaueh; Screen: Screen eAtlr PuM
RaA; BcrMrr Cobr: VMhAs:
Mn 9ialph tha dMgram d 6w gtlda may not tna up axamy,
manuMeWrar wfl lrra up the Qrids rrherr Cehrg Cus.
Lkre Item Comrtrrrb: Cudaner Appwal:
nitlals
OtASr Ctangaa:
3UBMTTBD SY: SUS TOTAL (faabM): {
- 2190aN
-
SUS TOTAL (rwn•dxabM)a 0.00
ACCEPTGD SY:
TA70'Of ( 0.790 % ): i 212.is
nAT>c: GRAND TOTAL: s 2393.00 I
Kane. (N any):
a~swQ sn z a 2 ,v,e~,o
F,XHIBIT C
Memorandum of Proiect Implementation Agreement
(See Attached)
761874.1
RECORDING REQUESTED BY AND
WHEN 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 ~Spacc Above This Line for Recorder's Use)
MEMORANDUM OF PKOJECT IMPLEMENTATION AGREEMENT
This Memorandum of Project Implementation Agreement (this "Memorandum") is made and
entered into as of the __ day of , 2011, by and between the CITY OF I'USTIN, a
municipal corporation of the State of California ("City"), and the TUS"T'IN COMMUNT"fY
REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency"), on the one hand (City
and Agency are collectively referred to herein as "City"), and KEECITUL 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 201 ! (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 Exhibt_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, TTiEREFORE, 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, 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) Owner's grant to City of a temporary license to enter
761874.1
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 ]rnprovements.
(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 tmprovements and as
full payment for the Ancillary Costs.
(c) Pursuant to the Agreement, by accepting the Mitigation Payment, Owner has
confirmed City's fulfillment o 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-Specitc
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 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 Imprevements.
(c) Pursuant to the Agreement, Owner has contirmed that its acceptance of the
Mitigation Payment shall he 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 Assi;~ns. This Memorandum shall be binding upon and inure to the
benefit of each of the parties hereto and their respective successors and assigns.
761R7d.I y
5. Governing Law. This Memorandum shall be governed in accordance with the laws of the
State of California.
6. llzcordation. 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 he executed in counterparts, each of which shall
be deemed an original and which together shall constit<,te a single agreement.
1N W[TNESS WHERf:OF, the parties have executed this Memorandum as of the date first
written above.
OWNER
By:
Keechul Park
By:
Joy Jungin Park
CITY
CITY OF TUSTIN, a municipal corporation of the
Mate of California
By: _
Name:
'T'itle:
AGENCY
I'UST(N COMMUNI"I'Y REDEVELOPMENT
AGENCY, a California redevelopment agency
Bv:
Name:
Title:
~'.'1°fEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
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.
I certify under PF,NAL'I'Y OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
~~is~a i
State of California )
SS.
C OUnty Ot )
On before me, __ , a notary public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose Hamel 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 ofticial seal.
Signature
(Seal)
~~, i spa. 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) nn the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENAi,TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official scat.
Signature
(Seal)
76l R 74. I
EXHIBIT A
Leal Description of Property
Lut 19 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a -nap
recorded in Book 323, Aages 27, 28, 29 and 30 of Miscellaneous Maps, records of Orange County,
California.
APN:432-424-32
~-,ix~a i
EYHIBIT B
1?ully-Executed Project Implementation AEreemeat
(See Attached)
7GI87d.1