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HomeMy WebLinkAboutCC 9 IMPROVMNT AG'S 05-07-84 ~ __ _ ~ CONSENT CALENDAR NO. 9 DATE: MAY 2, 1984 TO: FROM: SUB,~ECT: WILLIAM NUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IMPROVEMENT AGREEMENTS FOR TRACT NO. 8590 AND NO. 8763 RECOMMENDATION: That the Tustin City Council, at their meeting of May 7, 1984, authorize the following: To execute the amended and restated Jamboree Road Improvement Agreement. 2. Release of following Subdivision Improvement Bonds: ~244109 - Faithful Performance .............. $318,750.00 #244109 - Labor and Materials ............... $159,375.00 #2584139 - Faithful Performance ............. $498,700.00 #2584139 - Labor and Materials .............. $249,350.00 BACKGROUND: As a condition of approval of Tract No. 8590 and No. 8763, the Irvine Company executed an agreement to fully improve Jamboree Road adjacent to Tract No. 8590 between Walnut Avenue and the Santa Ana Freeway and adjacent to Tract No. 8763 between Walnut Avenue and Moulton Parkway. Additionally, as a condition of approval, the Irvine Company is responsible for the landscaping and irrigation systems along the sound berm along the easterly side of Jamboree Road and the future Jamboree Road embankments. In 1974 Improvement Bonds were posted to cover the cost of said landscaping and irrigation systems as well as all other required improvements within the tracts. These Improvement Bonds have been in effect since 1974, almost 10 years. DISCUSSION: The Irvine Company has requested the execution of a new agreement (copy attached) which includes all the obligations as outlined in the two previously executed agreements for Tract No. 8590 and No. 8763 dated June 25, 1974 and December 2, 1974, respectively. In addition, they have indicated their obligation to fully improve the jamboree right-of-way with landscaping and irrigation systems, (1) the slopes of the sound berm and (2) the slopes of the future Jamboree Road embankments. This agreement does not obligate the City to any construction at the present time. It only transfers the Irvine Company's obligation to landscape the slopes of future roadway embankments and existing sound berms to the time when the road is actually constructed. IMPROVEMENT AGREEMENTS FOR TRACT NO. 8590 AND NO. 8763 APRIL 18, 1984 PAGE 2 The execution of this new agreement will allow the release of the 1974 Improvement Bonds, as follows: Tract No. 8590 Bond No. 244109 - Faithful Performance - $318,750.00 Bond No. 244109 - Labor and Materials - $159,375.00 Tract No. 8763 Bond No. 2584139 - Faithful Performance - $498,700.00 Bond No. 2584139 - Labor and Materials - $249,350.00 The City Attorney has reviewed and approved this agreement with respect to format and content. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment AMENDED AND RESTATED .JAMBOREE ROAD IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into as of February , 1984, by and between THE IRVINE COMPANY, a Michigan corporation (hereinafter designated as the "Com- pany''), successor by merger to Irvine Industrial Complex, a California corporation, and the CITY OF TUSTIN, a municipal corporation of the State of California (hereinafter desig- nated as the "City"). RECITALS A. The Company as Subdivider ~nd the City are parties to two certain Agreements dated June 25, 1974 and December 2, 1974 (herein, the "Agreements"), which obligate the Company to complete and dedicate Jamboree Road upon the happening of certain events, all in satisfaction of Condi- 'tion M of City Resolution No. 74-15 approving a map for Ten- tative Tract No. 8451 of the City of Tustin. B. The City and Company now wish to amend the Agreements to obligate the Company to provide certain land- scaping and irrigation systems at the Jamboree Road embankment southerly of the Santa Aha Freeway, at the Jamboree Road embankment at the interchange with Moulton Parkway, and along the easterly side of Jamboree Road between Walnut Avenue and the Santa Ana Freeway (I-5), all in consideration of the release by City of certain subdivi- sion bonds previously posted by the Company with the City in connection with Tract No. 8451. NOW THEREFORE, the parties hereto agree that both of the Agreements are hereby consolidated, amended and restated in their entirety in this instrument (herein, the "Agreement"), to provide in full as follows: 1. This Agreement is in satisfaction of Condition M of said Resolution No. 74-15. 2. In the evedt that a highway interchange con- necting Jamboree Road and the Santa Ana Freeway (I-5) .is constructed, the Company will, at its sole cost and expense., as required by the City and pursuant to City Standards: (a) Dedicate and fully improve the portion of Jamboree Road lying between Walnut Avenue and the line of the right-of-way of the State of California at said Santa Aha Freeway interchange with paving, curbs, gutters, side- walks (if required by City), bicycle trails (if required by City), street lights, raised medians with landscaping and irrigation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems: (i) the slopes of the Jamboree Road embank- ment southerly of the Santa Aha Freeway, and (ii) the sound berm along the easterly side of Jamboree Road between Walnut Avenue and said Santa Aha Freeway right-of-way line. JIB2-S:07 2-21-84 3. In the event that a highway interchange is constructed connecting Jamboree Road and Moulton Parkway, the Company will, at its sole cost and expense, as required by the City and pursuant to City standards: (a) Dedicate and fully improve the portion of 3amboree Road lying between Walnut Avenue and the south- erly boundary of Tract No. 8763 at said Moulton Parkway interchange with paving, curbs, gutters, s~dewalks (if required by City), bicycle trails (if requried by City), street lights, raised medians with landscaping and irri- gation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems the slopes of the Jamboree Road embankment located northerly of Moulton Parkway at said interchange. IN WITNESS WHEREOF, the parties hereto have caused 'this Agreement to be executed on the date first above writ- ten. THE IRVINE COMPANY By Vice President By. Assistant Secretary CITY OF TUSTIN, a municipal corporation By Mayor, City of Tustin ATTEST: By City Clerk, City of Tustin AMENDED AND RESTATED JAMBOREE ROAD IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into as of February , 1984, by and between THE IRVINE COMPANY, a Michigan corporation (hereinafter designated as the "Com- pany''), successor by merger to Irvine Industrial Complex, a California Corporation, and the CITY OF TUSTIN,' a municipal corporation of the State of California (hereinafter desig- nated as the "City"). RECITALS A. The Company as Subdivider ~nd the City are parties to two certain Agreements dated June 25, 1974 and December 2, 1974 (herein, the "Agreements"), which obligate the Company to complete and dedicate Jamboree Road upon the happening of certain events, all in satisfaction of Condi- 'tion M of City Resolution No. 74-15 approving a map for Ten- tative Tract No. 8451 of the City of Tustin. B. The City and Company now wish to amend the Agreements to obligate the Company to provide certain-land- scaping and irrigation systems at the Jamboree Road embankment southerly of the Santa Aha Freeway, at the Jamboree Road embankment at the interchange with Moulton Parkway, and along the easterly side of Jamboree Road between Walnut Avenue and the Santa Aha Freeway (I-5), all in consideration of the release by City of certain subdivi- sion bonds previously posted by the Company with the City in connection with Tract No. 8451. NOW THEREFORE, the parties hereto agree that both of the Agreements are hereby consolidated, amended and restated in their entirety in this instrument (herein, the "Agreement"), to provide in full as follows: 1. This Agreement is in satisfaction of Condition M of said Resolution No. 74-15. 2. In the event that a highway interchange con- necting Jamboree Road and the Santa Ana Freeway (I-5) is constructed, the Company will, at its sole cost and expense, as required by the City and pursuant to City Standards: (a) Dedicate and fully improve the portion of Jamboree Road lying between Walnut Avenue and the line of the. right-of-way of the State of California at said Santa Aha Freeway interchange with paving, curbs, gutters, side- walks (if required by City), bicycle trails (if required by City), street lights, raised medians with landscaping and irrigation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems: (i) the slopes of the Jamboree Road embank- ment southerly of the Santa Aha Freeway, and (ii) the sound berm along the easterly side of Jamboree Road between Walnut Avenue and said Santa Aha Freeway right-of-way line. JIB2-S:07 2-21-84 3. In the event that a highway interchange is constructed connecting Jamboree Road and Moulton Parkway, the Company will, at its sole cost and expense, as required by the City and pursuant to City standards: (a) Dedicate and fully improve the portion of Jamboree Road lying between Walnut Avenue and the south- erly boundary of Tract No. 8763 at said Moulton Parkway interchange with paving, curbs, gutters, s~dewalks (if required by.City), bicycle trails (if requried by City), street lights, raised medians with landscaping and irri- gation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems the slopes of the Jamboree Road embankment located northerly of Moulton Parkway at said interchange. IN WITNESS WHEREOF, the parties hereto have caused 'this Agreement to be executed on the date first above writ- ten. THE IRVINE COMPANY By Vice President By Assistant Secretary CITY OF TUSTIN, a municipal corporation By~ Mayor, City of Tustin' ATTEST: By¸ City Clerk, City of Tustin AMENDED AND RESTATED JAMBOREE ROAD IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into as of February , 1984, by and between THE IRVINE COMPANY, a Michigan corporation (hereinafter designated as the "Com- pany''), successor by merger to Irvine Industrial Complex, a California corporation, and the CITY 0F TUSTIN, a municipal corporation of the State of California (hereinafter desig- nated as the "City"). RECITALS A. The Company as Subdivider ~nd the City are parties to two certain Agreements dated June 25, 1974 and December 2, 1974 (herein, the "Agreements"), which obligate the Company to complete and dedicate Jamboree Road upon the happening of certain events, all in satisfaction of Condi- 'tion M of City Resolution No. 74-15 approving a map for Ten- tative Tract No. 8451 of the City of Tustin. B. The City and Company now wish to amend the Agreements to obligate the Company to provide certain land- scaping and irrigation systems at the Jamboree Road embankment southerly of the Santa Ana Freeway, at the Jamboree Road embankment at the interchange with Moulton Parkway, and along the easterly side of Jamboree Road between Walnut Avenue and the Santa Ana Freeway (I-5), all in consideration of the release by City of certain subdivi- sion bonds previously posted by the Company with the City in connection with Tract No. 8451. NOW THEREFORE, the parties hereto agree that both of the Agreements are hereby consolidated, amended and restated in their entirety in this instrument (herein, the "Agreement"), to provide in full as follows: 1. This Agreement is in satisfaction of Condition M of said Resolution No. 74-15. · 2. In the event that a highway interchange con- necting Jamboree Road and'the Santa Aha Freeway (I-5) is constructed, the Company will, at its sole cost and expense, as required by the City and pursuant to City Standards: (a) Dedicate and fully improve the portion of Jamboree Road lying between Walnut Avenue and the line of the right-of-way of the State of California at said Santa Aha Freeway interchange with paving, curbs, gutters, side- walks (if required by City), bicycle trails (if required by City), street lights, raised medians with landscaping and irrigation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems: (i)'the slopes of the Jamboree Road embank- ment southerly of the Santa A-na Freeway, and (ii) the sound berm along the easterly side of Jamboree Road between Walnut Avenue and said Santa Aha Freeway right-of-way line. JIB2-S:07 2-21-84 3. In the event that a highway interchange is constructed connecting Jamboree Road and Moulton Parkway, the Company will, at its sole cost and expense, as required by the City and pursuant to City standards: (a) Dedicate and fully improve the portion of Jamboree Road lying between Walnut Avenue and the south- erly boundary of Tract No. 8763 at said Moulton Parkway interchange with paving, curbs, gutters~ s~dewalks (if required by City), bicycle trails (if requried by City), street lights, raised medians with landscaping and irri- gation systems, and street trees. Said improvements shall cover the full width of Jamboree Road to the west property line of the Company. (b) Fully improve with landscaping and irri- gation systems the slopes of the Jamboree Road embankment located northerly of Moulton Parkway at said interchange. IN WITNESS WHEREOF, the parties hereto have caused 'this Agreement to be executed on the date first above writ- ten. THE IRVINE COMPANY By¸ Vice President By Assistant Secretary CITY OF TUSTIN, a municipal corporation By Mayor, City of Tustin ATTEST: By City C.lerk, City of Tustin