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HomeMy WebLinkAboutCC 14 STORM DRAIN 12-21-81DATE: DEC~4BER 11, 1981 12-21'81 Inter-Corn CONSENT CALENDAR NO.. 14 TO: WILLIAM HUSTCN, CITg MAN~ER FROM: BC8 L~E~DECKER, DIRECTCR OF PUBLIC WO~KS/CIT~ ENGINEER SUB,~ECT: TRACT NO. 10707, STC~ DRAIN REIMBURSEMENT REC(l%94~DATI (lq: That the Tustin City Council, at their nl~eting of December 21, 1981, authorize the Mayor to execute attad~ed agreement for reimbursement of off-site storm drain construction related to Tract No. 10707. BACKGRCUND: The attac~ed agreement provides for reimbursement for off-site storm drain construction to the developers of Tract No. 10707, Far West Savings and Loan Association. A condition of approval of Tract No. 10707, whic~h is located on Bell Ave. between Red Hill Ave. and the freeway, required a storm drain system to be installed whid~ would benefit the subject parcel referred to as Tract 10707 and the parcel adjacent to and immediately easterly of the tract. The second parcel is unimproved at the present time and does not have the need to utilize this storm drain until suc~h time that development occurs. This agreement provides for the City to be the collecting agency for any reimbursements from parcels utilizing the storm drain and also responsible for dispersing these reimbursements to Far West Savings and Loan Association for a period of ten years. This agreement has been prepared by the City Attorney's office and does not impact the City fianacially with respect to the collection or dispers~ment of these reimbursement monies. BC8 r.~ENDECKER DIRECTCR OF PUE~IC WO~{S/ CITg ENGINEER db AGREEMENT REIMBURSABLE OFF-SITE STORM DRAIN CONSTRUCTION FAR WEST SAVINGS AND LOAN ASSOCIATION Parallel to Bell Avenue, Between Tract 10707 and Red Hill Avenue to OCFCD FO9P15 Storm Drain THIS AGREEMENT is made this day of , 1981, between the CITY OF TUSTIN, a municipal corporation ("City") and FAR WEST SAVINGS AND LOAN ASSOCIATION, successor to State Mutual Savings and Loan Association, a corporation ("Land Owner"). facts: THIS AGREEMENT is made with reference to the following (a) Land Owner is the owner of certain land situated in the City of Tustin, County of Orange, State of California, known as Tract 10707, with frontage on Bell Avenue, lying westerly of Red Hill Avenue. (b) Land Owner desires to prodeed with the develop- ment of said land and in connection with development the land needs to be drained of storm waters, in accordance with a Hydrology Study done for Parcels 1, 2, and 3 of Parcel Map 52/38, prepared by VTN Engineers, done per the original August 1972 Hydrology Report of Williamson & Schmid Engineers,. Job No. 733978, all as required by the City Planning Agency, Condition III D of its Resolution No. 1927, November 17, 1980. A portion of the aforesaid study is attached hereto marked Exhibit "A" and incorporated hereby by this reference. (c) Land Owner and City have agreed that certain off- site storm drain construction will be designed to City Standards, and will be caused to be constructed and installed by Land Owner to service said Parcel 1 of Tract 10707 and Parcel 2 of Parcel Map 52/38, at Land Owner's cost and expense (subject to partial reimbursement) estima'ted at $70,439.75, being the total cost of engineering, licenses and construction of the storm drain parallel to Bell Avenue draining to the OCFCD FO9P15 Red Hill Drain. Said storm drain will be dedicated to City. NOW, THEREFORE, IT IS AGREED as follows: (1) Land Owner agrees to cause to be constructed a storm drain as described in (c) above and dedicate the same to City. (2) Land Owner and City agree that the sum of $70,439.75 is believed to be the amount that Land Owner will pay to have said storm drain constructed and that this figure will be the basis fOr reimbursement regardless of whether the actual cost is greater. -1- (3) The storm drain is to occupy the City right-of-way described as a perpetual easement as recorded in Book 11099, Page 1646, Official Records of the County of Orange. (4) The City agrees that the installation of the herein described storm drain can or may be used for the benefit of the aforedescribed Parcel 2 adjacent to and lying easterly of the Land Owner's said Parcel 1 of Tract 10707. (5) City further agrees that the benefiting property owner, other than Land Owner, should bear a proportionate share of the costs of the herein described storm drain construction at the time it makes use of said storm drain. The total cost of the storm drain for.reimbursement purposes shall not exceed $70,439.75 The benefiting property owner shall pay $40,516.94 thereof in order to connect thereto. The balance of the cost, $29,922.81, shall be borne by Land Owner. (6) City agrees to exercise reasonable efforts to collect the aforesaid sum for any such connection made within ten (10) years of the date of this Agreement and to refund to Landowner any monies so collected within ten (10) years of the date of this Agreement from owners of the benefiting property. (7) Land Owner agrees and understands that this Reim- bursement Agreement shall not be binding upon the City after ten (10) years from the date of this Agreement. (8) It is understood and agreed that the storm drain facilities to be constructed as provided herein will be on completion, inspection and approval by City, irrevocably dedi- cated to City within the public rights-of-way, shall be and remain for all times the property of the City and solely subject to City control and regulation. (9) It is understood and agreed that City will reasonably endeavor to collect and remit to Land Owner connection charges as prescribed above, but that City will have no other obligation to Landowner and City shall have no obligation to pay any monies to Landowner in excess of monies collected from a connector, if any. (10) This Agreement shall be binding on the parties hereto and their successors, administrators and assigns. IN WITNESS WHEREOF, the undersigned have executed this Reimbursable Off-Site Storm Drain Construction Agreement the day and year first above written. CITY OF TUSTIN, a municipal corporation ATTEST: BY: FAR WEST SAVINGS AND LOAN ASSOCIA- TION, Successor of State Mutual Savings and Loan Association, a corporation, BY: (Seal) BY: JGR:se:D:6/24/81 (11) JGR:se:R:7/21/81 JGR:sl:R:12/8/81 -3-