HomeMy WebLinkAbout12 HOMEOWNER AGREEMENT IN CONJUNCTION WITH TUSTIN RANCH RD EXT.• Agenda Item 12
AGENDA REPORT Reviewed:
IN City Manager
Finance Director
MEETING DATE: JANUARY 21, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
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 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 2381 Silk Tree Drive (Receptor 14).
RECOMMENDATION
It is recommended that the City Council:
Approve the attached documents for 2381 Silk Tree Drive (Receptor 14) including the Project
Implementation Agreement and Memorandum of Project Implementation Agreement, and
authorize the Mayor or the City Manager to execute the agreement on behalf of the City,
subject to approval as to form with any minor non - substantive modifications required by the
City Attorney; and
2. Appropriate $7,335 of unreserved funds in the CFD 06 -01 Fund (434) to the Tustin Ranch
Road Extension Project (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 $7,335.
CORRELATION TO THE STRATEGIC PLAN
The Tustin Ranch Road Extension Project between Walnut Avenue and Valencia Avenue (CIP No.
70100) contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and
Neighborhood Development. Specifically, the project implementation of Strategy 1, which among
other items, is to develop critical phases of Tustin Legacy
Tustin Ranch Road Extension Project, CIP No. 70100
Receptor 14 Homeowner Agreement and Memorandum
January 21, 2014
Page 2
BACKGROUND
The Tustin Ranch Road Extension is currently open and Phase 2 of construction will soon be
completed.
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 Silk Tree Drive
(Receptor 14) and this agreement and memorandum satisfy all City obligations related to these
mitigation measures.
ugl s tack, P.E.
ec r f ublic Works /City Engineer
I
Attachment 1: Project Implementation Agreement (Receptor 14)
Attachment 2: Memorandum of Project Implementation Agreement (Receptor 14)
S: \City Council Items\2014 Council Items \01 -21- 2014 \Homeowner Agree and Memorandum for Receptor 14 for TRR Extension
Project CIP 70100\Approval of Homeowner Agreement and Memorandum for Receptor 14 for TRR Extension Project CIP
70100.docx
ATTACHMENT 1
Project Implementation Agreement
(Receptor 14)
PROJECT IMPLEMENTATION AGREEMENT
(Noise Reduction Improvements — Tustin Ranch Road Extension)
his rolect Implementation Agreement (this "Agreement ") is made and entered into as of the
dhetate ay of,PUQ�, 2013, by and between the CITY OF TUSTIN, a municipal corporation of
of California ( "City"), and PATRICIA DELAPENA, Trustee of the Patricia DeLaPena Living
Trust 2002, dated April 22, 2002, ( "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 is in the process of constructing an extension of Tustin Ranch Road from Walnut
Avenue to Valencia North Loop Road (the "Project').
C. City must implement applicable noise impact mitigation measures for the Project (the
"Applicable Mitigation Measures ") as set forth in the Final EIS /EIR for the Disposal and Reuse of MCAS
Tustin; Final Supplement #1 to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for Tustin
Ranch Road Extension - Walnut Avenue to Valencia North Loop Road (Final Supplement); and
Addendum to the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for Zone Change (Specific
Plan Amendment 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; and (ii) any past, present, or future ancillary costs for increased
cleaning and maintenance of the Property and improvements located thereon incurred by Owner or its
tenants and /or any past, present, or 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; and (ii) all Ancillary Costs, subject to the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by each of the parties, City and Owner agree as follows:
1
948936.1
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 Seven Thousand Three Hundred Thirty Five Dollars and 00 /100 Cents ($7,335.00), as
consideration for, and/or in full satisfaction of all costs and expenses for (i) installation of the Property-
Specific Improvements that are listed on Exhibit B; and (i) 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 Improvements applicable to the
Property and Owner is willing to accept such Mitigation Payment in full satisfaction of Owner's right to
installation of the applicable Noise Reduction Improvements, and as full mitigation of, and in payment for
any Ancillary Costs incurred or suffered by Owner or its tenants. City acknowledges that any and all
costs of materials, tasks and/or activities required to construct the Sound Wall shall be funded
independently by City in addition to City's payment to Owner of the Mitigation Payment.
3. Implementation of Propea Specific Improvements by Owner. Owner hereby confirms
that City's payment and Owner's acceptance of the Mitigation Payment fulfills City's obligation, if any,
to cause installation of the Property- Specific Improvements under the Applicable Mitigation Measures.
Owner and City agree and acknowledge that following delivery of the Mitigation Payment, City shall
have no further obligation to cause the installation of any Property- Specific Improvements, and any and
all such Property- Specific Improvements to the Property shall be implemented by Owner, or caused to be
implemented by Owner as contemplated by this Agreement.
4. Specifications and Estimates for Property- Specific Improvements. Owner hereby
acknowledges and confirms that City has obtained and provided Owner with specifications for, and an
estimate of the cost to install, the Property- Specific Improvements that are listed on Exhibit B, and that
such estimated cost is less than the amount of the Mitigation Payment.
5. _Acknowledgement and Certification of Satisfaction of Applicable Mitigation Measures.
Owner and City hereby confirm and acknowledge that City's installation of the Sound Wall and payment
to Owner of the Mitigation Payment constitutes full implementation of the Noise Reduction
Improvements for the Property as required by the Applicable Mitigation Measures. Owner further agrees
that the City's installation of the Sound Wall and payment of the Mitigation Payment fulfills City's
obligations to Owner under the Applicable Mitigation Measures, Owner is not entitled to further Noise
Reduction Improvements related to the Project, and City shall not be responsible to Owner or its tenants
for additional Ancillary Costs.
948936.1
rA
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:
948936.1
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,
the Successor Agency to the Tustin Community Redevelopment Agency, and each of
their respective 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, 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
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. 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: David E. Kendig
To Owner: Patricia DeLaPena
2381 Silk Tree Drive
Tustin, CA 92780
8. 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.
9. 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.
10. 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.
11. 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
agreement shall be recorded against the property in the Official Records of Orange County following
execution of thereof.
12. Governing Law. This Agreement shall be governed in accordance with the laws of the
State of California.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original and which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
4
948936.1
OWNER
By:
('r XTPR'ICmA DELAPENA
Trustee, Patricia DeLaPena Living
Trust 2002, dated April 22, 2002
948936.1
CITY
CITY OF TUSTIN, a municipal corporation of the
State of California
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
APPROVED AS TO FORM:
n
David E. Kendig
City Attorney
EXHIBIT A
Description of Property
Address: 2381 Silk Tree Drive
Tustin, California 92780
Legal Description:
Lot 45 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 -06
948936.1
EXHIBIT B
Noise Reduction Improvements
1. Property - Specific Improvements applicable to the Property: Pursuant to Mitigation Measure
NR -4, replacement of three (3) windows having a direct view of the proposed Tustin Ranch
Road Extension located on the second floor with acoustic -rated window 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 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.
948936.1
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 MITIGATION FOR RECEPTOR 14 —
2381 SILK TREE DRIVE.
Dear Mr. Nishikawa:
This letter details the required improvements to the residence at 2381 Silk Tree Drive (Receptor
14) in order to comply with the onsite mitigation described in the Supplement to the Final
EIS /EIR for the Disposal and Reuse of the Marine Corps Air Station Tustin, California
Extension of Tustin Ranch Road Behveen 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 all habitable areas of
Receptor 14. 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 NR4 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 14, representatives from
Kenco Builders (562) 547 -1993 performed a site inspection of 2381 Silk Tree Drive from the
backyard on February 23, 2010 at 11:00 a.m., since the homeowner would not let us into the
house. The inspection consisted of inspecting and measuring the upstairs windows for type and
size. The homeowner stated that the forced air unit worked adequately and meets the
requirements of NR -3.
The inspection also found that there are three windows 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 DMRIXSON WAY
LAGUNA BEACH CALIFORNIA 92651
PHONE 949 510 5355
FACSIMILE 949 715 3629
ELECTRONIC GREG @VISTALB.COM
Page 1 OF 2
The following table provides the calculated costs to replace the three windows. The bid is based
on the nearest available windows with an 35 STC rating to the existing windows. Additional
details of the windows to be ordered are attached.
The total combined cost to replace the three windows is $5,331.60. Please call me at (949) 510-
5355 if you would like me to proceed with making the above improvements or have any
questions related to the above.
Sincerely,
Greg Tonkovich
Senior Analyst
Vista Environmental
PAGE 2 of 2
VISTA ENVIRONMENTAL
1021 DIDRIKSON WAY
LAGUNA BEACH CALIFORNIA 92651
PHONE 949 510 5355
FACSIMILE 949 715 3629
ELECTRONIC GREG@VISTALB.COM
Window /Door
Item
Size
Cost
Description
Window -1 (W -1)
4'0 "x4'0"
$561.90
White vinyl, dual -pane with grids, retrofit frame, STC 35
Window -2 (W -2)
6'0 "x3'6"
$681.59
White vinyl, dual -pane with grids, retrofit frame, STC 35
Window -3 (W -3)
10'0"x3'6"
$1,149.51
White vinyl, dual -pane with grids, retrofit frame, STC 35
Labor
$800.00
Remove /replace affected windows.
Paint
$700.00
Paint affected areas
Hardware
$150.00
Miscellaneous Hardware
Supervision
$400.00
Profit/ Overhead
$888.60
Permit Fees
$0.00
No permits required for retrofit style windows
Total Cost
$5,331.60
The total combined cost to replace the three windows is $5,331.60. Please call me at (949) 510-
5355 if you would like me to proceed with making the above improvements or have any
questions related to the above.
Sincerely,
Greg Tonkovich
Senior Analyst
Vista Environmental
PAGE 2 of 2
VISTA ENVIRONMENTAL
1021 DIDRIKSON WAY
LAGUNA BEACH CALIFORNIA 92651
PHONE 949 510 5355
FACSIMILE 949 715 3629
ELECTRONIC GREG@VISTALB.COM
Mitigation: Provide forced air - ventilation in entire home if not existing. Provide 35
STC -rated windows /doors on 2nd floor.
EE DRI VE
2381
SILK TREE DRIVE
1 �-
2
(ST. LOT. LINE
Forced Air Unit - Homeowner stated that the existing forced air unit worked adequately
and meets the forced air ventilation
requirements.
W/D #
Room
Size
Existing Material
W -1
Bedroom
410 "x4'0"
White vinyl with grids, dual pane, retrofit
W -2
Bedroom
6'0 "x3'6"
White vinyl with grids, dual pane, retrofit
W -3
Master Bedroom
10'0 "x3'6"
White vinyl with grids, dual pane, retrofit
SOURCE: Ste Nit on Febnwy24,2011 al 11 p.M,Dasod on obureb" fm si �hones weer would rot W w in tM hot".
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EXHIBIT C
Memorandum of Proiect Implementation AEreement
(See Attached)
948936.1
ATTACHMENT 2
Memorandum of Project Implementation Agreement
(Receptor 14)
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 C§ 6103 and 27383
APN: 432- 424 -06 (Space Above This Line fur Recorder's Use)
MEMORANDUM OF PROJECT IMPLEMENTATION AGREEMENT
This Memorandui f Projec [mplemet tation Agreement (this ''Memorandum ") is made and
entered into as of thed day of -2013, by and between the CITY OF TUSTIN, a
municipal corporation of the State of California (`'City "), and PATRICIA DELAPENA, Trustee of the
Patricia DeLaPena Living Trust 2002, dated April 22, 2002, ("Owner ").
A. Owner and City have entered into that certain Project Implementation Agreement, dated
as of h� (the "Agreement'), which Agreement, as executed, is attached
hereto as Exhibit B and incorporated herein by this reference.
13. 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 arc
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.
Terms of Agreement.
(a) Pursuant to the Agreement, Owner has accepted a one -time Mitigation Payment
firom Citv as consideration for, and /or in full satisfaction of all costs and expenses
for, (i) installation of the Property - Specific Improvements applicable to the
Property; and (ii) the past, present, and future Ancillary Costs incurred or
suffered by Owner or its tenants as a result of the implementation of the Project
and Noise Reduction improvements.
948944.1
(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 hnprovements 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 and the Successor Agency to the Tustin Community Redevelopment
Agency, by reason of City's obligation to install the Noise Reduction
Improvements pursuant to the CIR 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 and
the Successor Agency to the Tustin Community Redevelopment Agency, by
Owner and all of Owner's heirs, successors, assigns and successors in interest in
and to the Property, from past, present and future claims, damages, liabilities and
causes of action relating to the installation of the Noise Reduction hn prove ill ents
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.
5. Governing Law. This Memorandum shall be governed in accordance with the laws of the
State of California.
9as1)a4.1
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.
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
t
By:
PAT ILIA DELAPENA
Trustee, Patricia DeLaPena Living
Trust 2002, dated April 22, 2002
3
CITY
CITY OF TUSTIN, a municipal corporation of the
State of California
By:
Nane:
Title:
ATTEST:
By:
Name:
Title:
APPROVED AS 1'0 FORM:
By:
David E. Kendig
City Attorney
State of- )
) ss.
County of r S )
On before me, Ar C kA .� , a notary public,
personally appeared '�t —4 , 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��at the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
�000ame.
ADELA10A C RAMIREZ
$ * Notary Public
STATE OF TEXAS
OF My COMM. Exp, 02 -01.17
9439:14.1
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)
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)
948944.1
EXHIBIT A
Lej4al Description of Property
Lot 45 of Tract 8088 in the City of Tustin, County of Orange, State of California, as shown on a map tiled
in Book 323, Pages 27 to 30 inclusive of Miscellaneous Maps, records of Orange County, California.
APN: 432 - 424 -06
948044.1
EXHIBIT B
Fully- Executed Proiect Implementation Agreement
(See Attached)
943944.1