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Home My WebLink About05 AG LARSON FAM TRUST 11-18-02AGENDA REPORT MEETING DATE: NOVEMBER 18, 2002 NO. 5 11-18-02 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF AGREEMENT WITH THE RAYMOND J. LARSON FAMILY TRUST, THE DONAHUE-SCHRIBER CORPORATION, AND ROD FRASER ENTERPRISES, INC. REGARDING THE IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) SUMMARY Approval of this Agreement will provide for the mitigation of parking impacts and construction activities for the properties affected by construction of the Irvine Boulevard Storm Drain Project- Phase I. Phase I includes drainage improvements between the El Modena-lrvine Channel east of Newport Avenue and the intersection of Holt Avenue and Irvine Boulevard. RECOMMENDATION It is recommended that the City Council approve the Agreement with the Raymond J. Larson Family Trust, the Donahue-Schriber Corporation, and Rod Fraser Enterprises, Inc. Regarding the Irvine Boulevard Storm Drain Project and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT The City's responsibilities specified in the Agreement will be funded out of the FY 2002-2003 Capital Improvement Program Budget for the Irvine Boulevard Storm Drain Project - Phase I (CIP No. 5024). BACKGROUND A portion of the construction of the Irvine Boulevard Storm Drain Project - Phase I (CIP No. 5024) will impact the parking and access to commercial businesses within the property bounded by Holt Avenue, Irvine Boulevard, and Newport Avenue. Phase I of the improvements includes constructing the pipeline outlet structure to the El Modena Irvine Channel immediately east of Newport Avenue and constructing a 72-inch pipeline along a segment between the El Modena- Irvine Channel and the intersection of Holt Avenue and Irvine Boulevard (See Location Exhibit attached to Agreement). In order to address the concerns of these business owners, the Agreement defines the area of impact and identifies the City's intentions to accommodate the parking and accessibility needs of the impacted businesses during construction of the pipeline project. The Agreement also specifies construction phasing requirements, which obligate the contractor to maintain one half of the parking lot at all times during construction. The Agreement also limits the impacted businesses from making claims against the City for construction of the project. The impacted easement parties include the Larson Family Trust, Donahue-Schriber Corporation, and Rod Fraser Enterprises. Approval of Agreement with Raymond J. Larson Family Trust, the Donahue-Schriber Corporation, and Rod Fraser Enterprises, Inc. Regarding the Irvine Boulevard Storm Drain Project (CIP No. 5024) November 18, 2002 Page 2 Each of the easement parties have signed and agreed to all terms of the Agreement. Agreement has been reviewed and approved as to form by the City Attorney. ~'~//,-'Tim D. Serlet " ~ Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager TDS:DRK:ccg:Approval of Agr Re Irvine Storm Drain.doc. The Attachments: Agreement Regarding Irvine Boulevard Storm Drain Project AGREEMENT REGARDING IRVINE BOULEVARD STORM DRAIN PROJECT THIS AGREEMENT, is made and entered into this day of , by and among the CITY OF TUSTIN, a municipal ! corporation, hereinafter referred toas "City", and the Raymond J. Larson, Family Trust, dated January 5, 1968, hereinafter referred to as "Larson-Trust"i the Donahue-Schriber Corporation, and Rod Fraser Enterprises, Inc., collectively referred to as the "Easement Parties". RECITALS WHEREAS, Orange County Flood-Control District (OCFCD) holds fee title to the property bounded by Irvine Boulevard and Newport Avenue shown as "OCFCD Right-of-Way" on Exhibit A, located in the City of Tustin, California; and WHEREAS, Orange County Flood Control District has granted the Larson Trust an easement deed for ingress, egress, and surface use together with the right to pave over or construct building or other permanent structures upon a portion of the OCFCD Right-of-Way shown as "EASEMENT PROPERTY" on Exhibit B and as described below: Those portions of Lot 9 of the Vanderlip and' Rowan Tract in the 'City of Tustin, County of Orange, State of California, per map recorded in book 5, page 160 of Miscellaneous Maps in the office of the County Recorder of Los Angeles County, California, as described in deeds to the Orange County Flood Control District, recorded March 24, 1960, in book 5161, -page 84 and June 8, 1961 in book 5748, page 177 both of Official Records in the office of the County Recorder of said Orange County. EXCEPT that portion thereof lying northerly of the southerly line of the land described in the deed to the County of Orange, recorded January 8, 1962, in book 5968, page 347 of said Official Records. WHEREAS, Donahue-Schriber Corporation and Rod Fraser Enterprises, inc. are tenants of the Larson Trust and use the Easement Property for ingress, egress, and parking; and WHEREAS, the OCFCD maintains rights to enter on and disturb the surface or subsurface of the above-described land in order to maintain, repair, reconstruct, or enlarge the flood control facility; and WHEREAS, City requires access within 'the'above-described land to construct improvements to the underground drainage facilities; and -,1 - WHEREAS, the City has acquired an encroachment permit from the OCFCD to exercise the rights of the OCFCD in constructing the underground drainage facility improvements within the Easement Property; and WHEREAS, the parties desire to cooperate in allowing City to construct the undergound drainage facility improvements. NOW, THEREFORE, for the mutual promises and covenants herein and upon the terms and conditions hereinafter set forth, the parties agree as follows: , The City will notify the Trustee of the Larson Trust, Frances D.. Larson, and respective ground lease tenants, Donahue-Schriber Corporation and Rod Fraser Enterprises, Inc., as soon as a schedule is established as to the start of the project, but no later than 60 days prior to commencement of construction. , The portion of the project within the Easement Property will be constructed in two phases. The first phase will begin at the southerly portion of the Property at Newport Avenue and extend approximately 200 feet north. The second phase will begin at the terminus of the previous phase and will extend approximately 200 feet towards irvine Boulevard. 3. Construction will not extend outside the Easement Property. 4. Each of the above noted phases, for operational purposes, are essentially independent of each 'other. Work on the second phase will not commence until work on the first phase is completed and access to the parking and driveways within the first phase are made available to the tenants. ¸5. During the phased work stages as described in Item No. 2 above, the phase that is not being constructed .shall be fully available for parking and driveway purposes to the tenants. o . All surface 'improvements impacted by City's construction within the Easement Property shall be restored to their 'pre,construction levels by the City upon completion of the project. The City will provide temporary on-street parking on Holt Avenue during each phase.of work on the Easement Property. A parking permit system will be established by the City to accommodate on-street parking for building tenants of Donahue-Schriber along Holt Avenue. City of Tustin Police Department will be responsible for enforcement of the permitted parking areas. o The City will endeavor to work with' the owner of the property located on the west side of Holt Avenue to provide for offsite parking during each -2- , 10. 11. 12. phase of work on the Easement Property. The City will provide directional signage within the Larson property to indicate the availability of offsite parking. The prOposed work within the Easement Property is estimated to be · completed within 42 calendar days. During the course of construction, the trash containers serving both the Donahue-Schriber and the Rod Fraser ground lease areas will be relocated to a mutually agreeable location so that they are fully accesSible. The Contract documents for construction will include provisions for liquidated damages for the City in the event the contractor is unable to comPlete work within the specified contract .duration. However, this does not entitle the Easement. Parties of this agreement to claim such damages. Any notice allowed or required to be given shall be effective uPon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To'City: To Larson Trust Representative: To Donahue-Schriber Corp.: ToRod Fraser Enterprises: City of Tustin Attn.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 'Carl W. Boznanski Boznanski & Company 283 North Rampart Street, Suite A Orange, CA 92868-1850 Donahue-Schriber C°rp. Tom Schriber 200 E. Baker Street, Suite 100 Costa Mesa, CA 92626 Don Jose's Restaurant Rick Fraser 1320 Manzanita Orange, CA 92867 -3- 13. This agreement supercedes all prior and contemporaneous oral or written agreements on the subject matter herein. Any modification or amendment to this' agreement shall be in writing and signed by the parties to this Agreement. 14. The Easement Parties each agree that their sole and exclusive remedy for City's use of the Easement Property, as described herein, is specific performance of this Agreement. Each Easement Party waives any rights they may. have to claim just compensation for City's temporary use of the Easement Property, or to claim loss of goodwill, inverse condemnation, or damages under the United States and California Constitution and California Law. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. ATTEST: CITY OF TUSTIN By Jeffery M. Thomas, Mayor Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffre~~ Raymond J. Larson, Family Trust, dated 1/5/68 Fr~r~c~s~B.'Larson, Trustee Donahue-Schriber Corporation Tom Schriber, President -5- TETRA TECH, INC. I 'i- X Ill 12/.4 x · El. MODENA-~I.~: O.iANNEL (FO7) ' 0i~2~9 FOR SUBSURFACE FE? 'ITLE ASSESSMENT ~o~: ~o~1,~ .., ~~ ,, ~ · ~ ~ ~ ' . · ~. COUN~ ASSESSOR DEPT. PURPOSES ONLY ~E ASSESSOR ~AKES NO GU~RAN~E'AS TO ~ ' CYNO~ ASSUMES ANY UABIU~ ~TS ACCURA · KOR OTHER USES. NOl TO BE RE~RDDUCED. · ~ ALL ~l~"{a ~aERVED. · OCOP~IG~T OR~ COUN~ ASSE~OR lgg~ · , , 29 ' ASSESSOR~ BLOCK & ASSESSOR'S ;,36 SHO~N .IN CIRCLES EX.HIBIT. B