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1991-0806_CHOU, TOM M. & LYDIA Y._Participation AgreementPARTICIPATION AGREEMENT THIS AGREEMENT is made as of the 6th day of August, 1991, by and between Tom M. Chou and Lydia Y. Chou (hereinafter referred to as PROPERTY OWNERS) and the City of San Juan Capistrano (hereinafter referred to as CITY) providing for funding of Engineering Design and Construction of Storm Drain Facilities as shown on Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, PROPERTY OWNERS concur it is in their best interest to have said Storm Drain Facilities constructed; and WHEREAS, PROPERTY OWNERS are desirous of constructing said Storm Drain Facilities at the earliest possible date; and WHEREAS, PROPERTY OWNERS are willing to enter into a financial arrangement with CITY to provide for the design and construction of Storm Drain Facilities; and WHEREAS, CITY will provide substantial funding to assist in the design and construction of Storm Drain Facilities; and WHEREAS, CITY will assume all costs of maintenance and operation of Storm Drain Facilities; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: I. CITY agrees as follows: A. To administer the design and construction contract; B. To fund fifty percent (50%) of actual project costs up to $90,000; C. To fund one hundred percent (100%) of any excess costs over $90,000; D. To use its best efforts to acquire all necessary easements. Acquisition of easements is a condition precedent to obligations hereunder. E. Time is of the essence, and CITY will move as expeditiously as possible to facilitate construction of said Storm Drain Facilities prior to the October 1991 storm season. II. PROPERTY OWNERS agree as follows: (R.. 1W2191) SD A. To fund the lesser of twenty-five percent (25%) of actual project costs or $22,500. B. That they have deposited with the CITY $5,000 of their project costs as good faith money to be utilized by CITY in design. CITY acknowledges receipt of that deposit. 0 0 C. To deposit with the CITY the remainder of their share of project costs Q&. up to $17,500) prior to award of a certification contract. CITY agrees to reimburse PROPERTY OWNERS any unused portion of project costs if total project costs are less than $90,000. III. REIMBURSEMENT The CITY has determined, and PROPERTY OWNERS agree, that the project that is the subject of this Agreement is of mutual benefit to numerous properties and property owners, including all those northwesterly and uphill from Sacarama Lane as listed on Exhibit "B" attached to this Agreement and incorporated by this reference. The project costs paid by PROPERTY OWNERS as provided in this Agreement represent the full share of project costs attributable to all properties and owners referred to in Exhibit "B". Accordingly, if the owners of such properties fail voluntarily to reimburse PROPERTY OWNERS for their proportionate share of project costs being advanced by PROPERTY OWNERS, CITY agrees to collect such costs (including interest at the rate of eight percent (8%) per annum from the date of PROPERTY OWNERS' payment) from the owner of each property referred to in Exhibit "B" as a condition to approval of any permit from the CITY for development on any such property. Such costs shall be in addition to CITY's drainage fees. CITY shall reimburse such costs to PROPERTY OWNERS (personally and not to any successor in title) promptly upon collecting them. The terms of this Section III shall remain in effect for 15 years from the date first written above. Nothing in this Agreement shall be interpreted to require CITY to collect any project costs, or to reimburse such costs to PROPERTY OWNERS, except as a condition of approval for development of any property referred to in Exhibit "B" during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed effective on the day and year first above written. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: (R"�. iazsrop -2- KEN FRIESS, MAYOR CITY OF SAN JUAN CAPISTRANO PROPERTY OWNERS: YY\ TOM M. CHOU IA . CHOff • SACARAMA STORM DRAIN C The project consists of constructing an approximately 30 -inch drain from the existing 42 -inch line in Via Estelita, north and northwesterly through private property and existing easements to Sacarama Lane, as shown on the attached map. The project involves approximately 1200 linear feet of 30 -inch storm drain pipe, junction structures, transition structures, catch basin(s), removal and replacement of asphalt paving and other related appurtenant work. EXHIBIT "A" Present Owner Assessor's Parcel $fig ErQportionate Share Chou 121-070-01 5.00 $5025 Tattoli 121-070-58 5.00 5025 Wish 121-090-09 4.40 4422 Moore 121-090-12 4.09 4110 Bynder 649-331-03 2.40 2412 Beasaw 649-331-04 1.0 15L7 TOTALS EXHIBIT "B" 22.39 $22,501 Ll November 15, 1991 owl" 1776 mlo�ro�nm iti,wsem 1961 1776 Mr. Stephen Coontz, Attorney at Law Okazaki and Coontz 32222 Camino Capistrano, Suite A San Juan Capistrano, California 92675 Re: Sacarama Area Drain Participation Agreement (Chou) Dear Mr. Coontz: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN At their regular meeting held August 6, 1991, the City Council of the City of San Juan Capistrano authorized the Mayor to execute a Participation Agreement for the Sacarama area drain following development and execution by the appropriate property owners. The agreement with Tom and Lydia Chou has now been finalized and a fully -executed copy is enclosed for your files. If you need any further information, please do not hesitate to call. Very truly yours, Cheryl Joh on City Clerk Enclosure cc: Director of Engineering and Building Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER Nasser Abbaszadeh, Engineering & Building Director W01k Christy Swanson, Secretary DATE: June 1, 2006 SITUATION: At their meeting on August 6, 1991, the City Council of the City of San Juan Capistrano approved a Participation Agreement with Tom and Lydia Chou for the Engineering Design and Construction of Sacarama Storm Drain. ACTION REQUESTED: Said Agreement shall terminate on August 5, 2006. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: FIewye DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: n DATE SIGNED: Tickler Date: 06/01/06 Deadline Date: 08/05/06 (600.301chou) 'FOR CITY CLERK'S DEPARTMENT USE ONLY*** LJ 0 0 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the 6th day of August, 1991, by and between Tom M. Chou and Lydia Y. Chou (hereinafter referred to as PROPERTY OWNERS) and the City of San Juan Capistrano (hereinafter referred to as CITY) providing for funding of Engineering Design and Construction of Storm Drain Facilities as shown on Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, PROPERTY OWNERS concur it is in their best interest to have said Storm Drain Facilities constructed; and WHEREAS, PROPERTY OWNERS are desirous of constructing said Storm Drain Facilities at the earliest possible date; and WHEREAS, PROPERTY OWNERS are willing to enter into a financial arrangement with CITY to provide for the design and construction of Storm Drain Facilities; and WHEREAS, CITY will provide substantial funding to assist in the design and construction of Storm Drain Facilities; and WHEREAS, CITY will assume all costs of maintenance and operation of Storm Drain Facilities; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree • as follows: I. CITY agrees as follows: A. To administer the design and construction contract; B. To fund fifty percent (50%) of actual project costs up to $90,000; C. To fund one hundred percent (100%) of any excess costs over $90,000; D. To use its best efforts to acquire all necessary easements. Acquisition of easements is a condition precedent to obligations hereunder. E. Time is of the essence, and CITY will move as expeditiously as possible to facilitate construction of said Storm Drain Facilities prior to the October 1991 storm season. II. PROPERTY OWNERS agree as follows: A. To fund the lesser of twenty-five percent (25%) of actual project costs or $22,500. B. That they have deposited with the CITY $5,000 of their project costs as good faith money to be utilized by CITY in design. CITY acknowledges receipt of that deposit. 0 (Rev. 101191) -1- 0 0 C. To deposit with the CITY the remainder of their share of project costs (jg,., up to • $17,500) prior to award of a certification contract. CITY agrees to reimburse PROPERTY OWNERS any unused portion of project costs if total project costs are less than $90,000. III. REIMBURSEMENT The CITY has determined, and PROPERTY OWNERS agree, that the project that is the subject of this Agreement is of mutual benefit to numerous properties and property owners, including all those northwesterly and uphill from Sacarama Lane as listed on Exhibit "B" attached to this Agreement and incorporated by this reference. The project costs paid by PROPERTY OWNERS as provided in this Agreement represent the full share of project costs attributable to all properties and owners referred to in Exhibit "B". Accordingly, if the owners of such properties fail voluntarily to reimburse PROPERTY OWNERS for their proportionate share of project costs being advanced by PROPERTY OWNERS, CITY agrees to collect such costs (including interest at the rate of eight percent (8%) per annum from the date of PROPERTY OWNERS' payment) from the owner of each property referred to in Exhibit "B" as a condition to approval of any permit from the CITY for development on any such property. Such costs shall be in addition to CITY's drainage fees. CITY shall reimburse such costs to PROPERTY OWNERS (personally and not to any successor in title) promptly upon collecting them. The terms of this Section III shall remain in effect for 15 years from the date first written above. Nothing in this Agreement shall be interpreted to require CITY to collect any • project costs, or to reimburse such costs to PROPERTY OWNERS, except as a condition of approval for development of any property referred to in Exhibit "B" during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed effective on the day and year first above written. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLEF 0 (R"v. 10145/91) -2- `7 KEN FRIESS, MAYOR CITY OF SAN JUAN CAPISTRANO PROPERTY OWNERS: TOM M. CHOU IA Y. CHOO 0 • SACARAMA STORM DRAIN The project consists of constructing an approximately 30 -inch drain from the existing 42 -inch line in Via Estelita, north and northwesterly through private property and existing easements to Sacarama lane, as shown on the attached map. The project involves approximately 1200 linear feet of 30 -inch storm drain pipe, junction structures, transition structures, catch basin(s), removal and replacement of asphalt paving and other related appurtenant work. • 40 EXHIBIT W • I • • 0 Present Owner Assessor's Parcel Acres Proportionate Share Chou 121-070161 5.00 $5025 Tattoli 121-070-58 5.00 5025 Wish 121-090-09 4.40 4422 Moore 121-090-12 4.09 4110 Bynder 649-331-03 2.40 2412 Beasaw 649-331-04 IN 15D7 TOTALS 22.39 $22,501 EXHIBIT "B" CITY MANAGER 1. REQUEST Report dated recommending and narratiy three pF courtyarbi Missionul 111Y 101 Vr 11u. A for d ill zcat,ion .icpdst 6, 1991, t the working plaques be app iepicting the� Wings, and nat s and a statue It wmoved by Jone , that the appoving the, ora th Director of Planni g, awi s for the proposed m ral re The mural consis s of ish-style fountain, inner plant materiaX fou on the Junipero Ser1ra com rting an proposed pXaque gds on display. ilman Hausdorf se nded by Councilman owing Resoluti n be dopted conditionally 1 working dr rin and plaques for the Program for/ C 8 -8: C CIL OF THE ZIFORNIA, CONE /DEPICTION PROGW �(CAPISTRNO The/motion carri AYES: A- RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, LLY APPROVING THE HISTORIC ARCHITECTURAL CONTROL 85-8 the following vote: lmen Jones, Haus fer, z, and Mayor ess t prvr�s: aone�f- f ABSENT: Councilman Buchheim DIRECTOR 07DIRECTOR O) ENGINEERING AND BERVICEBBERVICEA 1. Report dated August 6, 1991, from the Director of Engineering and Building, recommending that the City enter into a Participation Agreement with property owners below Sacarama Street, which area has been affected by poor drainage. Total -12- 8/6/91 0 0 estimated costs for the storm drain construction is $90,000, and the Agreement provides for 50% sharing of costs by the City and the property owners. Mr. Huber made an oral presentation. He noted that work on the project would not begin until the Agreement is executed by all property owners, shared costs are received by the property owners, and the Agreement is reviewed and approved by the City Attorney. Should the property owners decide not to share in the costs, Mr. Huber explained that the City would proceed with an assessment district to obtain the necessary funding. Approval of Participation Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the Participation Agreement be approved for the Sacarama area drain, subject to final execution by the prospective property owners. The Mayor was authorized to execute the Agreement on behalf of the City. ORDINANCES Report da d ugust 6, 19 1, from th City C1 k, advi ing that the r nance was i roduced at he meet' g of Jul 16, 1991, a as schedule for adopti Ado o O di a e• city Manager ead the t' le of the rdinanc next in orde . Further eading of 11 Ordinanc s had een waived earl er in the eeting. was moved b Coun lman Jones, 'rn sec ded by ouncilm Hausdorfer, at he following Ordinance be dopted• rwrr rwv CO AN RDINANCE OF THE TY OF SAN JUAN CAP RANO, ALIFORNIA, AMEND NG THE MUNICIPAL CO , TITLE 2, PT 2, ARTIC 10, TO DELETE ERENCE TO THE OMIC DEVE MENT COMMISS The+ motion carr y the following vote: -13- 8/6/91 AGENDA ITEM August 6, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Sacarama Area Drain Participation Agreement SITUATION The subject Agreement is for storm drain construction, as shown on Attachment 1, and primarily drains the hillside area above Sacarama Street and an area below Sacarama between Aguacate Road and Via Estelita. For some time now, the residential area below Sacarama has experienced considerable drainage problems from upstream runoff onto their properties. Much of the existing drainage is via overland flow through undefined earthen swales. Some of the easement contains trees and heavy vegetation which the property owners prefer to remain. Recent home construction in the area has intensified the problem. The homeowners have requested assistance with resolving the problem. They are willing to participate and provide financial assistance to resolve the problem. The financial assistance is for participation up to $45,000. This represents fifty (50%) percent of the total estimated cost of $90,000. There are two Agreements, one with Lydia Chou who is currently developing her property upstream of Sacarama Lane, and a second Agreement with the property owners downhill from Sacarama Lane. The Agreement with Lydia Chou provides she participate up to $22,500. The second Agreement with the downhill property owners provides they also participate up to $22,500. Currently, the downhill property owners are currently collecting the necessary funds and are not able to complete this Agreement prior to this Council Meeting. When the Agreement is complete, it will be signed by each participating property owner and their individual contributions, totalling $22,500, will be shown on Attachment "A". As we are still awaiting receipt of both executed Agreements from the property owners, we are requesting the Council approve the Agreement and authorize the Mayor to execute the Agreement subject to final execution by the property owners. The Participation Agreement, Attachment 2, provides the legal document for payment of the property owners' portion of the project. In addition, the 1991-92 CIP includes $45,000 from the City's drainage fees for the City's share of costs. NOTIFICATION Jack Pike Lydia Chou Dudley Brand FOR CITY COUNCIL AGEN � /� AGENDA ITEM August 6, 1991 .Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS $45,000 will be appropriated from the City's Drainage Fund for this project. Any cost overruns will be paid from City funds, subject to Council approval. ALTERNATE ACTIONS 1. Approve Agreement as is. 2. Approve Agreement subject to modifications. 3. Deny request for approval of Agreement. RECOMMENDATION It is recommended that the City Council approve and authorize the Mayor to execute the Participation Agreement for the Sacarama area drain, subject to final execution by the prospective property owners. Respectfully submitted, � �l illiam M. Huber, P.E. WMH:cI Attachments: 1. Location Map 2. Participation Agreements Lydia Chou (Upstream Owner) Property Owner (Downstream Owners) 0 MEMORANDUM November 5, 1991 TO: .,,ZThomas P. Clark, Jr., City Attorney FROM: George Scarborough, Assistant City Manager SUBJECT: Sacarama Area Drain - Participation Agreement Attached for your signature as to form are two copies of the subject Participation Agreement. The language is in conformance to the most recent discussions with yourself and Steve Coontz. Please sign and return both sets so that we may have the Mayor execute. Appropriate copies will be distributed after final execution. G S/W M H:ssg attachment