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1980-1105_FIRST COMMERCAIL ENTERPRISES_AgreementCITY COPY r � 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. E 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• �. �._..�_-.--• �; , �l 1. � , 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. /5/<Y) 0 0 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� Iq / 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 �! mow., ... _, S,r .✓f 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