HomeMy WebLinkAbout13 APPROVE HOMEOWNER AGREEMENT TUSTIN RANCH ROADAgenda Item 13
AGENDA REPORT Reviewed:
City Manager f
Finance Director
MEETING DATE: SEPTEMBER 6, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER AND EXECUTIVE DIRECTOR
FROM: REDEVELOPMENT AGENCY AND PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVE HOMEOWNER AGREEMENT AND MEMORANDUM FOR CERTAIN
PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD
EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA
AVENUE (CIP No. 70100)
SUMMARY
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 GIP
No. 70100 & 70206 on or adjacent to the property located at 2381 Coco Palm Drive (Receptor 16).
RECOMMENDATION
It is recommended that the City Council and Tustin Community Redevelopment Agency:
Approve the attached documents for 2381 Coco Palm Drive (Receptor 16) 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, subject to approval as to form with any minor non -substantive modifications required
by the City Attorney and which shall not become effective for three business days, pending any
request for review by the California Department of Finance ("DoF"). If DoF requests review of
this Agency action, DoF shall have 10 days from the date of its request to approve the Agency
action or return it to the Agency for reconsideration and the action if subject to review by DoF
shall not be effective until approved by DoF; and
2. Appropriate $15,660 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 $15,660.
Although RDA tax increment funds are not being proposed currently for this Agreement, the
Agreement is proposed with both the Agency and the City. Pursuant to RDA Resolution No. 11-03
adopted by the Agency on August 24, 2011, the Resolution authorized the City to take such other
actions and execute such other documents as are appropriate to effectuate the intent of the
Tustin Ranch Road Extension Project, CIP No. 70100
Receptor 16 Homeowner Agreement and Memorandum
September 6, 2011
Page 2
Resolution and to implement the Enforceable Obligations Payment Schedule on behalf of the
Agency. Home owner environmental mitigation is specifically identified within and consistent with
the previous City Council actions on both the Final EIS/EIR and Final Supplemental #1 that is part
of the Agency's bond obligations in the MCAS Tustin Project Area, as specifically related to the
construction of Tustin Ranch Road.
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.
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 2381 Coco Palm Drive
(Receptor 16) and this agreement and memorandum satisfy all City obligations related to these
mitigation measures.
t
Christine A. Shingleton Z7
DouglasS. Stack, P.E.
Assistant City Manager Qiretoof Public Works/City Engineer
Attachment(s): Project Implementation Agreement (Receptor 16)
Memorandum of Project Implementation Agreement (Receptor 16)
C:\Documents and Settings\dstack\Local Settings\Temporary Internet Files\Content.Outlook\,JOJ826QO\Approval of Homeowner
Agreement and Memoranda for Receptor 16 for TRR Extension project CIP 701 OO.docx
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 §§ 6I03) and 27383
APN: 432-424-17 (Space Abov-Q-T—h—is Linefor—Recordees Us_c)
MEMORANDUM OF PROJECT 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 TUSTIN, a
municipal corporation of the State of California ("City"), and the TUSTIN COMMLNITY
REDEVELOPMENT AGENCY, a California redevelopment agency ("Agency"), on the one hand (City
and Agency are collectively referred to herein as *'City"), and DANIEL C. BRIGHT and LISA J.
BRIGI IT (collectively referred to herein as "Owner") 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. fhe 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.
NOWTHEREFORE, 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.
Terms oLAgrgement,
(a) Pursuant to the Agreement, Owner has accepted a one-time Mitigation Payment
from City as consideration for, andlor 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
760723 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 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, 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 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
/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) 'rhe 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. 0o 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.
;66723 1
5. Gove pi�n Law. This Mernorandurn shall be governed in accordance with the laws of the
State of California.
G. Recordation, City and Owner hereby confirm and acknowledge that this Memorandum
shall be recorded in the Official Records of Orange County, California, following execution.
Z'
7. Counterpart . 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 Vv HI."REOF. the parties have executed this Memorandum as of the date first
written above.
OWNER
By:
L a right
Bv:
Lisa —Jd-r-igi�t
766773 1
M11
CITY OF TUSTIN, a municipal corporation of the
State of California
By: —
Name:
Title:
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a California redewelopriierit agency
By:
Narrie,
Title:
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED ASTO FORM:
By:
Douglas C. Tolland
City Attorney
State ofCafifornia
ss.
County of
On '3 U I eflore me, arlotary public,
Personally appearedwho proved to me on the basis
of satisfactory evidence to be the perso whose nam;i ii><'subscri bed to the within instrument and
acknowledged to me that ,>drs-he,,`"executed the same iru-4 Tis/her/t,4authorized capacity�, and that
bv,��er/jLeirs-ignatur
�on the instrument the persoafs7,-or the entity upon behalf of which the
person
ctcd, executed the instrument.
I certify Linder 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,
Sion
(Seal)
'766723, 1
State of California
Ss,
County of monq/-
On —�,�2- -7 before me, O?"!?r a notary pubhe.
personally lly appeared r fn\ who proved to me on the basis
s is��subscribed to the within instrument and
of satisfactory evidence to be the person
.��whose n
acknowledged to me that he/>hell;,ay executed the same in hist kefir-authorized capacity(4tsj, and that
by his/liarf�ignaturqon the instrument the person#< or the entity upon behalf of which the
personKacted, 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.
(Seal)
M
766723, 1
State of California
) ss.
County of__,.,_)
On -before rue, a notary public,
personally appeared
who proved to me on the basis
of satisfactory evidence to be the person(s) wose narrie(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(ics), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
persoqs) acted, executed the instrument.
1 certify Linder PENALTY 01" PFRJU'RY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNE=SS my hand and official seal.
Signature
(Seal)
766723A
Leiml Descrimion of Property
Lot 34 ol"Fract 8088 in the City ol"I'Listin, County of Orange, State of California, as shown on a map filed
in Book 323, ?ages 27 to 30, inclusive of Miscellaneous Maps, records of Orange County, California.
APN: 432-41-4-17
7667211
Fully -Executed Project Implementation Agreement
(See Attached)
766723.!
PROJECT EMPLEMIENTATION 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 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 DANIEL C. BRIGHT and LISA J. BRIGHT (collectively referred to herein as
"Owner") on the other hand.
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 EISIEIR 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 05-002) (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 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.
766721,2
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:
I. 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 for potential Ancillary Costs.
2. Mitigation Payment City hereby agrees to pay Owner a Mitigation Payment in the
amount of Fifteen Thousand Six Hundred Sixty Dollars and 00/100 Cents ($15,660.00), 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 13- (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
confirins its acceptance and receipt in full of such Mitigation Payment Owner further specifically
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. 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 he
implemented by Owner as contemplated by this Agreement.
4. 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. Acknowled ement and Certification of Satisfaction of A livable Miti ation 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 City shall not be responsible to Owner or its tenants
for additional Ancillary Costs.
766721,2
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:
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-intcrcst, 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 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, TILE 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
766721,2
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 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
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: 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: Daniel and Lisa Bright
2381 Coco Palm 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.
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.
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.
766721,2
12. Memorandum of
Qf� 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
agreement shall be recorded against the property in the Official Records of Orange County following
execution of thereof:C>
13.
Governina Law. This Agreement shall be governed in accordance with the laws of the.
State of'California.
14. Counter-oarts. 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
--,cj
CITY OF ] -USTIN, a municipal corporation of the
State of California
a
/17
1 By:
By:Name:
Lisa J. Brig' Title:
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a California redevelopment agency
By: —
Name:
Title:
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
766721.2
EXHIBIT A
Description of Property
Ad., dress 2381 Coco Palm Drive
Tustin, California 921780
Legal Description:
Lot 34 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map filed
in Book 323, Pages 27 to 30, inclusive of Miscellaneous Maps, records of Orange County, California.
&PN: 432-424-17
766721,2
EXHIBIT B
Noise Reduction Improvements
I. Property -Specific Improvements applicable to the Property: Pursuant to Mitigation Measure
NR -4, replacement of two (2) windows and one door having a direct view of the proposed
Tustin Ranch Road Extension located on the second floor with acoustic -rated window/door
assemblies having a Sound Transmission Class (STC) rating of at least 35 STC, as further
described in the March 15, 2011 assessment report prepared by Vista Environmental and
supplemental estimate for the French door prepared by Renaissance Doors & Windows
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 March 15, 2011 assessment report prepared by Vista
Environmental attached hereto.
766721,2
VISTA ENVIRONMENTAL
March 15, 2011
Ken Nishikawa
Tustin Legacy Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
SUBJECT: TUSTIN RANCH ROAD NOISE MITIGATION FOR RECEPTOR 16 —
2381 COCO PALM DRIVE.
Dear Mr. Nishikawa:
This letter details the required improvements to the residence at 2381 Coco Palm Drive
(Receptor 16) in order to comply with the onsite mitigation described in the Supplement to the
Final EISIEIR for the Disposal and Reuse of the Varine Corps Air Station Tustin, California
Extension of Tustin Ranch Road Between Walnut Avenue and the Future Alignment of Valencia
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 16. 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 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 13, representatives from
Vista Environmental, Kenco Builders (562) 547-1993, and Gomez Heating and Air Conditioning
Inc. (877) 804-2891, met with Lisa Bright and performed site inspections of 2381 Coco Palm
Drive on January 6, 2011 at 5:30 p.m. and January 13, 2011 at 4:15 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, since the forced air unit is capable of blowing air to the habitable
rooms on the second floor without the heater or air conditioning on. The inspection also found
that there are two windows and one door located in the second floor living areas that do not meet
the 35 STC rating requirements of NR -4. A summary of the inspection findings are shown on
the attached Figure.
1021 Dn)Rn=N WAY
LAGUNA BEACH CALIFORNIA 92651
?u4DNE 949 510 5355
FACSIMILE 949 715 3629
ELECTRONIC GRFG@VISTALB.COM
The following table provides the calculated costs to replace the two windows and one door unit.
The bid is based on the nearest available windows and door with an 35 STC rating to the existing
windows and door.
item
Windovi/Door Sin
cost
Descripillon
Window -1 (W-1)
4'0"x3'0"
$409-87
Vinyl, dual -pane, sliding window, STC 35, nail -on
frame with architectural foam around frame
Door -2 (D-2)
5'0"x7'0'
$3,106.25
llnyl, dual -pane, double door, STC 35, nail -on
frame with architectural foam around frame
Window -3 (W-3)
6'0"x4'0"
$588.11
Vinyl, dual -pane, sliding window, STC 35, nail -on
frame with architectural foam around frame
Labor
$1,800.00
Remove/replace affected windows and door.
Paint
$950.00
Paint affected areas
Stucco
$1,900.00
Patch stucco and fog coat Stucco to match existing
as close as possible
Hardware
$1%00
Miscellaneous Hardware
Supervision
$400.00
Profit/ Overhead
$1,860.85
Permit Fees
$450.00
A permit is required for nail -on windows/doors
Total Cost
$11,613.08
The total calculated cost to replace the windows and door is $11,615.08. Additional details of the
windows and doors to be ordered are attached.
Although the forced air unit complies with the requirements of NR -3, per the request of Lisa
Bright, the forced air unit was analyzed as to why the air conditioning for the second floor is not
adequate. Gomez Heating and Air Conditioning, Inc. found that when the second floor was
constructed, the air conditioning unit was not upgraded to handle the increased building area and
due to this, the existing air conditioning unit is undersized for the home. The cost to replace the
air conditioning unit with an appropriate size unit is $5,600.00. Additional details of the
replacement air conditioning unit 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,
AW _rllylv�
Greg Tonkovich
Senior Analyst
Vista Environmental
,• �
1021 DwRiKsoN WAY
LAGUNA BEACH CALIFORNIA 92651
PHONE 949 510 5355
FACSIMILE 949 715 3629
ELECrRONIC rRW@VISTALB.COM
PAGE 2 oft
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PARAMOUNT BLVD. • PARAMOUNT, CA 94723
(SM 839-1143 • FAX (562) 794.6614
I/ rf 2011
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HEATING & AIR CONDITIONING INC.
9641 Artesia blvd. Bellflower, ca. 90706
Phone 877-804-2891 Fax 562-866-2147
Contractor License # 920850
Monday, January 31, 2011
Greg Tonkovich
Re:
2381 Coco Palms Drive
Tustin, Ca. 92780
We hereby propose to furnish and install the materials and perform the labor necessary for the completion of.
Replace existing central heating system and upgrade to larger unit in same location, with new American Standard
Ston I 00k BTU I stage 80% AFUE furnace, installation includes: Removal and disposal of old equipment, connection
to electrical and gas, connection to existing vent pipe. Connect to existing thermostat, install new washable filter,
modify or add new return.
Replace existing central air conditioning system, with new Ston 13seer system in same location, replace pad,
disconnect and whip. Flush out existing refrigerant lines, charge and perform system start up.
All work performed in accordance with local city codes.
Cost includes: equipm eut, materials, labor and tax. $5.600.00
Warranty: I year labor, 5 year parts, 20 year beat exchanger
* City permits are an additional cost, provided upon request
Submitted by Gomez Heating and air Inc.
Submitted by: Gomez Heating and Air Conditioning Inc
Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders and will be come an extra
charge over and above the Proposed Price. All agreements contingent upon strikes. accidents or delays beyond our control. Owner to carry fire,
tornado and other necessary insurance upon above work. Workmen's compensation and public Liability Insurance on above work to be
provided by,Gomerz Heating and Air Inc. Lic. it 920850
Acceptance of vrot)osal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified
Date --- signature signature
EXHIBIT C
Memorandum of Proiect Implementation Agreement
(See Attached)
766721.2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN Tia:
City of Tustin
Attn: Ken Nishikawa
300 Centennial Way
Tustin, CA 92780
Exempt ftom recording fee per
Government Code §§ 6103 and 27383
432424-17 (Space Above'Mis Line for Rewrdees Use)
MEMORANDUM OF PROJECT 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 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 DANIEL C. BRIGHT and LISA J.
BRIGHT (collectively referred to herein as "Owner") 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, 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:
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 a one-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
-66723.1
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 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, 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 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 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.
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.
766723,1
S. Govern in& 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 WHEREOF, the parties have executed this Memorandum as of the date first
written above.
OWNER
By:
Daniel C. Bright
By:
Lisa J. Bright
766723-1
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 TO FORM:
By:
Douglas C. Holland
City Attorney
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(ics), 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 seat.
Signature
(Seal)
766723.1
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 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)
766723,1
State of California
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(ics), 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.
Signature
(Seal)
766723,1
EXHIBIT A
Lezal Description of Property
Lot 34 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map filed
in Book 323, Pages 27 to 30, inclusive of Miscellaneous Maps, records of Orange County, California.
APN: 432-424-17
766723.1
EXHIBIT 0
Fully -Executed Project Implementation Agreement
(See Attached)
766723A