1980-1105_FIRST COMMERCAIL ENTERPRISES_AgreementCITY COPY
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A G R E E M E N T
THIS AGREEMENT, made and entered into this 5th day of
November, 1980, by and between the City of San Juan Capistrano
hereinafter designated as "CITY" and First Commercial Enterprises,
hereinafter designated as "DEVELOPER."
W I T N E S S E T H:
WHEREAS, DEVELOPER desires to subdivide that certain property
contained within Tentative Tract No. 10634, also within the property
subject to the requirements of the Pueblo Serra Planned Community
Ordinance as last revised this date hereinafter referred to as
"Pueblo Serra P.C."
WHEREAS, CITY has required that the arterial highway named
Junipero Serra be dedicated on a new alignment as indicated in the
Pueblo Serra P.C.; and
WHEREAS, said Pueblo Serra P.C. requires the dedication of
Junipero Serra right-of-way in the second phase of project
development as defined by that document; and
WHEREAS, DEVELOPER and CITY mutually agree that it is
necessary to determine the precise alignment of Junipero Serra
to establish right-of-way lines for said dedication; and
WHEREAS, DEVELOPER and CITY mutually agree that L. D. King,
Inc., hereinafter referred to as ENGINEER, is qualified to perform
the engineering services necessary to design and determine the
precise alignment of Junipero Serra.
NOW, THEREFORE, it is mutually agreed by and between CITY
and DEVELOPER as follows:
1. CITY shall retain ENGINEER to design and determine the
precise alignment of Junipero Serra where it crosses
Tentative Tract 10634 as required by the crossing of
the adjacent railroad tracks, and Trabuco Creek.
2. CITY'S agreement with ENGINEER shall require that design
work shall be in two phases.
a. Phase I shall determine if reasonable alignments
of Junipero Serra can be implemented for a
proposed AT&SF Railroad grade separation cross-
ing without interfering with the proposed
alignment and improvement of Camino Capistrano
and Junipero Serra in conjunction with
DEVELOPER'S Tentative Tract 10634.
b. Phase II shall determine the precise alignment
of Junipero Serra as described in Section 1
herein. Precise alignment, for purposes of
this agreement, shall include the necessary
right-of-way for street improvements, slopes
and appurtenant facilities.
3. CITY shall compensate ENGINEER $ 11,500.00 for
Phase I, and $ 9,750.00 for Phase 'II.
4. DEVELOPER shall pay CITY $5,750 Phase I within 14 consecutive
calendar days from the date of compensation paid by CITY
to ENGINEER.
5. DEVELOPER shall pay CITY $4,875 Phase II prior to CITY
approval of any development within the "Pueblo Serra
P.C." beyond said Phase I of project development or
sale of any property within the blue border of
Tentative Tract 10634.
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6. CITY and DEVELOPER shall mutually approve and
authorize any additional work by ENGINEER. The
cost for such work shall be split equally by
CITY and DEVELOPER.
IN WITNESS WHEREOF, this agreement has been executed
on behalf of CITY and DEVELOPER by their duly authorized
representatives.
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
By aVF•
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JAMES S. OKAZAKI,LZITY ATTORNEY
-2-
•
BIDS, CONTRACTS, AGREEMENTS
Councilman Buchheim left the Council Chamber due to,a possible
conflict of interest.
1, APPROVAL OF AGREEMENT TO PARTICIPATE IN JUNIPERO SERRA
/ EN(T,I AEF.RING ALIG,-,ff:1' FUNDING (PUEBLO SERRAj
" (38) Written Communications: _
(83) Report dated 'November 5, 1980, from the Director of Public
(85) Works, forwarding an agreement with First Commercial Enterprise
(24) to participate in funding of the Junipero Serra alignment
analysis. The report advises that the agreement is in two
phases to coincide with the development phasing of the Pueblo
Serra project; the first phase insures that proposed dedications
and improvements do not interfere with future alignments to
Cross Trabuco Creek; the second phase will determine an align-
ment across the Pueblo Serra property to accommodate a crossing
of Trabuco Creek. The agreement retains L.D. Xing, of Santa
Ana, to conduct the alignment analysis; compensation for
Phase I is $11,500, fifty percent will be funded by the City;
Phase II compensation is $9,750, and the City will fund the
entire amount with a fifty percent reimbursement from First
Commercial Enterprise upon development of Phase II of Pueblo
Serra. A budget amendment will be required, since $10,000 is
budgeted, and until reimbursement for Phase II, City expenditure
will be $15,500.
Approval of Agreement:
It was moved by Councilman Bland, seconded by Councilman Friess
and unanimously carried with Councilmen Schwartze and Buchheim
absent, to approve the agreement with First Commercial
Enterprises, of Irvine, in the amounts of $5,750 for Phase I
and $4,875 for Phase II, for participation in the Junioero
,Serra Engineering Alignment funding. Staff was directed to ,
implement a budget amendment to fund the project in the amount
of $15,500. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City.
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AGENDA ITEM November 5, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement to Participate In The
Junipero Serra Engineering Alignment Funding
SITUATION
Staff is recommending approval of an agreement with First Commercial
Enterprises to retain L. D. King, Inc. to conduct the alignment
analysis of Junipero Serra. The other firms considered were
Willdan Associates, Church Engineering, and Moffatt & Nichol.
The agreement is split into two phases to coincide with the develop-
ment phasing of the Pueblo Serra project. The first phase is to
insure that the proposed dedications and improvements of the
development's phase one do not interfere with future alignments to
cross Trabuco Creek. The second phase calls for determination of
an alignment across the Pueblo Serra property which will accommodate
a crossing of Trabuco Creek.
The second phase of the engineering analysis has caused much concern
and discussion. It is the intent of staff to determine a precise
alignment across the Pueblo Serra property, for this is a requirement
of the second phase of the Pueblo Serra Planned Community regulations.
It is not the intent of staff to prepare and acquire approval of a
precise alignment of Junipero Serra westerly of the Pueblo Serra
development. Albeit the precise alignment across the Pueblo Serra
property will dictate a general alignment. The necessity of deter-
mining the precise alignment of Junipero Serra lies in the preser-
vation of future options. The Pueblo Serra property cannot proceed
with its development unless the right-of-way could be quit claimed
or traded for other right-of-way if the Junipero Serra alignment is
not used.
FINANCIAL CONSIDERATIONS
Phase I requires compensation in the amount of $11,500 of which 50%
or $5,750 is to be funded by the City. Phase II requires a compen-
sation in the amount of $9,750. The City shall fund this phase and
have 50% or $4,875 reimbursed upon development of Phase II of
Pueblo Serra.
There are $10,000 budgeted to this project. The total City costs as
proposed is $10,625. Until the City is reimbursed for Phase II, the
City expenditure shall be $15,500 and will require a budget amendment.
FOR OtTY COUNCIL AGENDA 4�
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Agreement to Participate in -2- November 5, 1980
Junipero Serra Engineering Alignment
Funding
ALTERNATE ACTIONS
1. Approve the agreement to participate in Junipero Serra
Engineering Alignment funding and direct staff to implement
a budget amendment to fund the project.
2. Approve the agreement with modifications.
3. Cancel the entire project.
4. Approve Phase I only.
RECOMMENDATION
By motion, approve the agreement to participate in Junipero Serra
Engineering Alignment funding and direct staff to implement a
budget amendment to fund the project in the amount of $15,500.
Respectfully submitted,
I
W. D. Murph
WDM:GML/rem
j 32400 PASEO AOELANTO
SAN JUAN CAPISTRANO CALIFORNIA 92675
PHONE 4931171 {y
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November 6, 1980
First Commercial Enterprise
2801 Barranca Road
Irvine, California 92714
Re: Junipero Serra Alignment Funding - Pueblo Serra
Gentlemen:
At their meeting of November 5, 1980, the City Council
approved the Agreement with your company to retain L.D. King to
conduct the alignment analysis of Junipero Serra, the cost to be
split equally between your company and the City. Enclosed are
three copies of the Agreement. Please execute all three copies
and return the "City Copy" and one additional copy to this office.
The remaining copy is for your files.
The Council also approved the Agreement with L.D. King
to perform the Junipero Serra alignment engineering services, in
the amount of $21,250. Enclosed for your files is a fully -executed
copy of that Agreement.
If you need additional information, please do not hesitate
to let us know.
Very truly yours,
(MRS) MARY ANN HANOVER, CMC
City Clerk
MAH/cj
Enclosures
ce: Director of Public Works