HomeMy WebLinkAbout06 HOMEOWNER AGREEMENT-TUSTIN RANCH ROAD EXTENSION PROJECT• A enda Item 6
AGENDA REPORT Reviewed:
City Manager Gp,~ „'
Finance Director 7
MEETING DATE: OCTOBER 18, 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
PROPERTY 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 CIP
No. 70100 & 70206 on or adjacent to the property located at 2361 Ana Tree Place (Receptor 8).
RECOMMENDATION
It is recommended that the City Council and Tustin Community Redevelopment Agency:
Approve the attached documents for 2361 Ana Tree Place (Receptor 8) 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 $2,000 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 this agreement and memorandum 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 $2,000.
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 8 Homeowner Agreement and Memorandum
October 18, 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 currently underway. Plans for
Phase 2 of construction will soon be completed and construction bids will soon be 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 2361 Ana Tree Place
(Receptor 8) and this agreement and memorandum satisfy all City obligations related to these
mitigation measures.
Christine A. Shingleton
Assistant City Manager
Attachment A: Project Implementation Agreement (Receptor 8)
Attachment B: Memorandum of Project Implementation Agreement (Receptor 8)
~'
s .Stack, P.E.
r f Public Works/City Engineer
S:\City Council Items\2011 Council Items\Approval of Homeowner Agreement and Memorandum for Receptor 8 for TRR Extension
Project CIP 70100.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 §§ 6103 and 27383
APN: 432-462-21 (Spsce Above This Liae for Recorder's 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 Ti1STIN, 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 JOHN J. CAAMANO 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 Exhi it and incorporated herein by this reference.
B. The Agreement affects and relates to that certain real property owned by Owner located
in the City of Tustin, County of Orange, State of California (the "Property"), which Property is described
on E it 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 ow~nets 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:
1. Definitions. All capitalized words used herein, unless otherwise defined, shall have the
meanings ascribed to them in the Agreement.
2. Terms of Agreement.
(a) Pursuant to the Agreement, Owner has accepted aone-time Mitigation Payment
from City as consideration for, and/or in full satisfaction of all costs and expenses
for, (i) Owner's cooperation in City's installation of a Sound Watl adjacent to or
abutting the Property; (ii) Owner's grant to City of a temporary license to enter
'61RR7 1
the Property and document its existing condition; (iii) installation of the
Property-Specific [mprovements 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
lmprovements, 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 fait 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 Tmprovements
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.
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5. Governing Law. This Memorandum shall be governed in accordance with the laws of the
State of Califomia.
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
'61 RR7. I
CITY
CITY OF TUSTIN, a municipal corporation of the
State of Califomia
By: _
Name:
Title:
AGENCY
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a California redevelopment agency
By:
Name:
Titlo:
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
~ v~
City Attorney
3
State of California )
ss.
County of Or~e~~
On before me, Ert~~~ t°abP , a notary public,
.~
personally appear ,who proved to me on the basis
of satisfactory evidence to be the persons}whose name(s.)-is/ar~subscribed to the within instrument and
acknowledged to me that he/sbalt~ay executed the same in his/lw>r~their authorized capacity(ies~, and that
by his/her~lheir signature() on the instrument the persont~, or the entity upon behalf of which the
person( 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)
U OMM ~ R~5 ;
C
14
NO Q
TARY PUlllt - CALIFORNIA
ORANGE COUNTY n
COMM. EKPIRES APRIL 27 201 '~
76138'.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 suthoriud 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)
~~ixs~ i
State of California )
ss.
County of )
On before me, , a notary public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
',61RR7 I
EXHIBIT A
Legal Deacriation of Procert~+
Lot 46 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.
.APN: 432-462-21
.6iax~ i
EXHTBTT B
Fully-Executed Project Imalementation A~reemeot
(See Attached)
7GIYN? I
PROJECT IMPLEMENTATION AGREEMENT
(Noise Reduction Improvements-Tustin Ranch Road Extension)
This Project Implementation Agreement (this "Agreement") is made and entered into as of the
day of , 201 1, by and between the CITY OF TUSTIN, a municipal corporation of
the State of California ("City"), and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a
California redevelopment agency ("Agency"), on the one hand (City and Agency are collectively referred
to herein as "City"), and JOHN 1. CAAMANO on the other hand ("Owner").
A. Owner owns real property located in the City of Tustin, County of Orange, State of
California (the "Property"), which Property is described on Exhibit A attached hereto and made a part
hereof.
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 (ihe
"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/BIR 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/E1R for the Disposal and Reuse of MCAS Tustin for Zone Change (Specific
Plan Amendment OS-002) (collectively, the "EIR").
D. The Applicable Mitigation Measures require the construction of a sound wall (a "Sound
Wall") in certain locations adjacent to both the eastern and western boundaries of the Project area, and the
installation of certain property-specific improvements designed to abate noise for specified residential and
institutional properties located adjacent to the Project area (the "Property-Specific Improvements'
(collectively, the Sound Wall and Property-Specific Improvements are referred to in this Agreement as
the "Noise Reduction Improvements.")
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
amibutable 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.
~~~sas r
VOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by each of the parties, City and Owner agree as follows:
1. Noise Reduction Improvements. City and Owner acknowledge and confirm that,
pursuant to the Applicable Mitigation Measures, in connection with City's completion of the Project,
Owner is entitled to the installation on or near the Property of the Noise Reduction Improvements set
forth on Exhibit B attached hereto and made a part hereof. Owner further acknowledges and confirms
that City is not obligated pursuant to the Applicable Mitigation Measures or otherwise to provide advance
funds for potential Ancillary Costs.
2. Mitigation Payment. City hereby agrees to pay Owner a Mitigation Payment in the
amount of Two Thousand Dollars and OO/100 Cents (52,000.00), 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 'bit 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 sufficient to fund and provide the complete implementation of the Noise Reduction
lmprovements 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
mitigatYOn of, and in payment for any Ancillary Costs incurred or suffeered by Uwnec 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 Prope~~Snecific Improvements by Owner. Owner hereby confirms
that City's payment and Owner's acceptance of the Mitigation Payment fulfills City's obligation, if any,
to cause installation of the Property-Specific Improvements under the Applicable Mitigation Measures.
Owner and City agree and acknowledge that following delivery of the Mitigation Payment, City shall
have no further obligation to cause the installation of any Property-Specific Improvements, and any and
all such Property-Specific Improvements to the Property shall be implemented by Owner, or caused to be
implemented by Owner as contemplated by this Agreement.
4. Specifications and Estimates for Property-Specific. Improvements. Owner hereby
acknowledges and confirms that City has obtained and provided Owner with specifications for, and an
estimate of the cost to install, the Property-Specific Improvements that are listed on ibit B and that
such estimated cost is less than the amount of the Mitigation Payment.
5. Acknowledrzement and Certification of Satisfaction of Applicable Mitigation Measures.
Owner and City hereby confum and acknowledge that City's installation of the Sound Wal] and payment
to Owner of the Mitigation Payment constitutes full implementation of the Noise Reduction
Improvements for the Property as required by the Applicable Mitigation Measures. Owner further agrees
that the City's installation of the Sound Wall and payment of the Mitigation Payment fulfills City's
obligations to Owner under the Applicable Mitigation Measures, Owner is not entitled to further Noise
Reduction Improvements related to the Project, and 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
761889.1
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 andlor 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, resuh 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, THE MATTERS RELEASED ABOVE, AS WELL AS THOSE
KNOWN AND ANTICIPATED. Owner, and each of them, hereby expressly
acknowledges that she, he or it is familiar with section 1542 of the California Civil Code
which provides:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.
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
761889.1
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: Ciry of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: Mr. Ken Nishikawa
Woodruff, Spradlin 8t Smart
With a Copy To: 555 Anton Boulevard
Costa Mesa, CA 92870
Attn: Douglas C. Holland
To Owner: John J. Caamano
2361 Ana Tree Place
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. Ciry and/or Agency may, at
theidits 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.
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
761889.1
agreement shall be recorded against the property in the Official Records of Orange County following
execution of thereof.
13. Governing_Law. This Agreement shall be governed in accordance with the laws of the
State of California.
l4. 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
„ ~ _~
By:
J J. C o
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
APPRO AS TO FORM:
By:
o.V q
City Attorney ~1
7618139.1
EXHiHIT A
Descriatiou otPronerty
Ad ess: 2361 Ana Tree Place
Tustin, California 92780
Legal Description:
Lot 46 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.
APN: 432-462-21
761889.1
EXHIBIT B
Noise Rednctioa Imarnvemenb
1. 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 Mazch 15, 2011 assessment report prepazed by Vista
Environmental attached hereto.
?61RR9 1
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 MTTIGATION FOR RECEPTOR 8 - 2361
ANA TREE PLACE.
Dear Mr. Nishikawa:
This letter details the required improvements to the residence at 2361 Ana Tree Place (Receptor
8) in order to comply with the onsite mitigation described in the Supplement to the Final E!S/EIR
for the Disposal and Reuse of the Marine Corps Air Station Tustin, California Extension of
Tustin Ranch Ruud Between Walnut Avemie and the Future Alignment of Vulencia 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 all habitable areas of Receptor 8.
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. 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 8, representatives from
Vista Environmental and Gomez Hearing and Air Conditioning lnc. (877) 804-2891, met with
John Caamano and performed a site inspection of 2361 Ana Tree Place on January 13, 2011 at
2:00 p.m. The site inspection consisted of testing the existing forced air unit for compliance.
The inspection found that the existing forced air unit meets the requirements of NR-3, since the
forced air unit was capable of blowing air without heat or air conditioning turned on. "I7~erefore,
Receptor 8 currently conforms to the recommended mitigation for this property. A figure is
attached that details the site inspection findings. Please call me at (949) 510-5355 if you have
any questions related to the above.
Sincerely,
Greg Tonkovich
Senior Analyst
Vista Environmental
1021 DlDRiK50N WnY
i.acuxa eEacH cattFORtru 92651
PHONE 949 510 S3S5
FacstMn.E 949 715 3629
ELECTRONIC GREG®VISTALB.COM
Mitigation: Provide forced air-ventilation on entire home if not existing.
2361 ANA TREE PLACE Exrsr. Loy{
EXIST. LOT LINE
i
B
V'
23
8 --
. - - ~r~sr. R/W
PROPOSED MEDI~h
~ VISTA ENVIRONMENTAL Receptor 8
2361 Ana Tree Place
Forced Air Unit -The unit is located in an inaccessible location in the garage, however it
has air conditioning. The operation of the unit was checked and is capable of blowing air
without heat or AC. Registers were checked and are located in all living areas.
EXHIBIT C
Memorandum of Protect Imalementstion Agreement
(See Attached)
761 A89. I
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Tustin
Attn: Ken Nishikawa
300 Centennial Way
Tustin, CA 92780
Exempt from recording fee per
Government Code §§ 6103 and 27383
APN: 432-462-21 (Spec Above This Line for Recorder's 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 JOHN 1. CAAMANO 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 E ibit B and incorporated herein by this reference.
B. The Agreement affects and relates to that certain real property owned by Owner located
in the Ciry 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:
1. Definitions. All capitalized words used herein, unless otherwise defined, shall have the
meanings ascribed to them in the Agreement.
2. Terms of Agreement
(a) Pursuant to the Agreement, Owner has accepted aone-time Mitigation Payment
from City as consideration for, and/or in full satisfaction of all costs and expenses
for, (i) Owner's cooperation in City's installation of a Sound Wall adjacent to or
761 RR9. I
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 lmprovements 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 ]mprovements.
(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 confnmed 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 [mprovements 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
lmprovements 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.
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5. Governing Law. This Memorandum shall be governed in accordance with the laws of the
State of California.
6. Recordation. City and Owner hereby confirm and acknowledge that this Memorandtun
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 CITY
CITY OF TUSTIN, a municipal corporation of the
By: State of California
John J. Caamano
By:
Name:
Title:
AGENCY
TUSTTN COMMUNITY REDEVELOPMENT
AGENCY, a California redevelopment agency
By: _
Name:
Title:
ATTEST:
By:
Pamela Stoker
City Cleric
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
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761889.1
State of California )
ss.
County of )
On before me, , a notary public,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITTIESS my hand and official seal.
Signature
(Seal)
'6~asv t
State of California )
) SS.
County of )
On before me, , a notary public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
~~i Ss9. t
State of California )
ss.
County of )
On before me, , a notary public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(~~)
761889.1
EXIIIBIT A
Geeal Descriutioe of Procerty
Lot 46 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.
APN: 432-462-21
761889.1
EXAIBTT B
Fully-Eiecnted Project Imalementatioa Agreement
(See Attached)
~~ i asv. t