1996-0910_ORANGE ,COUNTY OF ET AL_Agreementt
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G / T y
Agreement No. D95-122
AGREEMENT FOR THE TRANSFER OF STONEHILL DRIVE RIGHT-OF-WAY
AND EXCESS RIGHT-OF-WAY FROM COUNTY TO CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT is made and entered into this day of
199(cby and between the City of San Juan Capistrano, a municipal corporation
of the State of California ("CITY") and the County of Orange, a political
subdivision of the State of California ("COUNTY").
W -I -T -N -E -S -S -E -T -H
Recitals:
A. COUNTY, through Agreement No. D89-343 with CITY, agreed to acquire
property (commonly referred to as YMR Parcel) on behalf of CITY for the
construction of Stonehill Drive.
B. CITY requested COUNTY to acquire all the YMR Parcel which is in excess
of what is needed for the road construction.
C. COUNTY acquired the property with 85% Federal and State match funds and
completed the Stonehill Drive improvements.
D. COUNTY is in the process of transferring YMR Parcel to the CITY.
E. The construction of Stonehill Drive and its associated slopes utilized
only the center portion of the YMR Parcel and created two excess properties
(one north and one south of Stonehill Drive) that are not needed for the road
construction.
F. Federal Highway Administration Regulation (23CFR Section 710.304)
requires excess property purchased with Federal funds to be sold and the
Federal government to be reimbursed for its costs of acquiring the excess
properties, with property sale proceeds.
G. CITY requests that all the YMR Parcel be transferred into CITY
ownership as seven separate properties: road right-of-way (parcels 133, 133.1
and 133.2); slopes (parcels 133.3 and 133.4); and excess properties (parcels
133.7 and 133.8) shown on Exhibit A attached hereto and made a part hereof.
H. CITY and COUNTY wish to clarify CITY's obligations for YMR excess
property.
NOW, THEREFORE, it is mutually understood and agreed by CITY and COUNTY as
follows:
1. COUNTY will prepare the property deed(s) for transfer of title to CITY.
2. CITY will assume the obligations of Federal Highway Administration
Regulation (23CFR Section 710.304) for said YMR excess property.
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3. Should COUNTY receive an invoice for reimbursement for the excess
property, COUNTY shall transmit invoice to CITY and advise Federal Government
of transfer of debt obligation to CITY.
4. Neither party to this Agreement nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by the other party under or in connection with any
work, authority or jurisdiction delegated to the other party under this
Agreement. It is also understood and agreed that, pursuant to Government Code
Section 895.4, with regard to any work, authority or jurisdiction delegated to
the other party under this Agreement, such party shall fully indemnify,
defend, and hold the other party harmless from any liability imposed for
injury (as defined by Government Code Section 810.8), occurring by reason of
anything done or omitted to be done under or in connection with such delegated
work, authority or jurisdiction.
5. Any notices, requests and demands made pursuant to this Agreement are to
be directed as follows:
To SAN JUAN CAPISTRANO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92677
Attn: City Engineer
To COUNTY:
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702
Attn: Director of Transportation
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
ATTEST:
Ap ved As Torm:
City Attorney
SIGNED AND CERTIFIED T1-LkT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LQ'6� 1% L-a� —
Clerk of the BcarT of Supervisors
of Orange County. California
APPROVE AS TO FO
CounCoun el
by date:
City of San Juan Capistrano
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of Orange
man of the Board
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ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY I LOCATION MAP
RIGHT - OF - WAY ENGINEERING
I PROJECT : STONEHILL DRIVE I SCALE : 1°=100'
August 12, 1996
Mr. Tom McCabe
Orange County EMA
P. 0. Box 4048
Santa Ana, California 92702-4048
Re: Agreement No. D95-122 - Stonehill Drive Right -of -Way
Dear Mr. McCabe:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
OILJONES
CAROLYN NASH
DAVID SWERDLJN
C" MANAGER
OEOROESCARBOROUGH
At their meeting of August 6, 1996, the City Council of the City of San Juan Capistrano
took action to accept Agreement No. D95-122 for the transfer of right-of-way, excess right-
of-way and debt obligation for excess Stonehill Drive right-of-way from the County to the
City of San Juan Capistrano. Three copies of the Agreement have been signed by the City
and are enclosed. Following signature by the Board of Supervisors, please return one
copy to the City Clerk's office.
Thank you for your assistance in this matter. Please feel free to contact Douglas Dumhart
at 443-6316 if you have any questions.
Very truly yours,
Cheryl ohnso
City Clerk
Enclosure
cc: Charles Antos
Al Mockus
Teresa Cota-Arias
Carolyn Ansari
Blair Dahl
Shelly Morris
Andrew Lui
Douglas Dumhart
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
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AGENDA ITEM August 6, 1996
TO: George Scarborough, City Manager
FROM: Douglas D. Dumhart. Management Analyst II
SUBJECT: Consideration of Agreement with County of Orange for the Transfer of Right -of -
Way, Excess Right -of -Way and Debt Obligation - (Stonehill Drive).
RECOMMENDATION
By Motion,
accept the Agreement No. D95-122 with the County of Orange for the transfer of right-of-
way, excess right-of-way and debt obligation for excess Stonehill Drive right-of-way from
the County of Orange to the City of San Juan Capistrano and authorize the Mayor to sign the
Agreement on behalf of the City; and,
2. authorize Staff to negotiate an agreement for the deposition of the excess parcels once title
has been transferred to the City.
SUMMARY
In April, 1990, the City of San Juan Capistrano entered into Agreement No. D89-343 (Attachment 1)
for the construction of Stonehill Drive with the County of Orange. The Construction of Stonehill
required the purchase of land known as the "YMR parcel' for Stonehill right -of way. The extension
of Stonehill was completed in 1992 and the County is now in a position to transfer the property and
debt obligation of the YMR parcel to the City.
The YMR parcel was purchased using Federal funds which require reimbursement. As required by
Agreement No. D89-343, the County is in the process of transferring the YMR title and debt
obligation to the City and has prepared Agreement No. D95-122 (Attachment 2) to clarify this
transfer. Once title is received the City will need to sell the remanent parcels to reimburse the federal
dept obligation.
Marketing and sale of these properties will require expertise from outside the City. Staff
recommends that the City Council enter into Agreement No. D95-122 to formally accept properties
and authorize Staff to negotiate an agreement to begin marketing the excess parcels once title has
been transferred to the City.
BACKGROUND
In April, 1990, the City of San Juan Capistrano, by Resolution No. 90-04-17-8, declared Stonehill
Drive within the City limits to be a County highway for the period of construction and entered into
Agreement D89-343 with the County of Orange to define financing and areas of responsibility for
the Stonehill Drive project.
FOR CITY COUNCIL AGEN
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AGENDA ITEM -2- August 6, 1996
The County of Orange was the lead agency for design, right-of-way acquisition, construction
management and inspection for the Stonehill Drive project. Construction started April 1, 1991, with
opening ceremonies February 7, 1992.
In acquiring right-of-way for the Stonehill Drive project, it was necessary to acquire an entire parcel
known as the YMR property. The easements for the necessary roadway and slope easements cut
through the middle of the property, this resulted in residual properties outside that required, both
north and south of the roadway slopes. These properties are classified excess in that they are not
necessary for the roadway or slopes, but were acquired because the roadway project cut the parcel
in the middle. The remnants are more particularly described as Parcels No. 133.1 through 133.8 in
Exhibit A of Attachment No. 2. The properties are not part of the roadway right-of-way and are
considered excess property and can be marketed, possibly to the adjoining property owner.
The Federal government funded 85% for the YMR excess properties of the acquisition price with
the condition that when the properties are sold, or two years after project completion, the Federal
government will be reimbursed 85% of what the City sells the parcels for up to the maximum of $1.2
million. No request for reimbursement has been made to date.
Agreement D95-122 will transfer debt obligation for the YMR excess parcels from the County of
Orange to the City of San Juan Capistrano. Staff recommends that the City enter into this
Agreement. After the Agreement is fully executed, the property title can be transferred to the City.
In the past, discussion and studies have occurred regarding a possible off ramp from the southbound
I-5 to westbound Stonehill Drive. Depending on the choice of design, this has the potential to impact
either parcel. Staff, however, believes it inappropriate to retain these parcels given the costs of
reimbursement, considering the off ramp designs have never been approved by the City and there
is no current funding identified to build such a project. Staff, therefore, recommends that City
Council approve marketing these properties for sale once title has been transferred to the City.
Qualifications
Federal regulations (23 CFR, Section 710.203) dictates that Caltrans has overall responsibility for
the acquisition and disposition of right-of-way on all federally aided highway projects. City staff has
not obtained this qualification status nor do they meet the qualification requirements. For an agency
to be qualified they must:
A. Have prior Caltrans approval on its organizations procedures and procedural
handbooks for all right-of-way functions.
1. Be adequately staffed, trained and organized to do right-of-way work and
2. Have written policies and procedures that meet State and Federal requirements.
B. The above requirement may be met by furnishing a staffing and organization chart
and statement, a resume of its staff s experience, and either one or any combination
of the following:
AGENDA ITEM -3- August 6, 1996
1. Adoption of Caltrans right-of-way procedural handbooks; or
2. Development and adoption of agency run manuals in a manner that meets state
and federal requirements; or
3. Narrative responses to the 27 questions including definitive procedural
descriptions (Exhibit 09-07-01 of 23 CFR).
C. District must document that agency is adequately staffed with the necessary expertise
at all levels of staff involvement and make a determination that an agency is certified
as qualified.
In the past, Caltrans staff has been available to assist cities with the Federal property acquisition or
disposition process. State staff reductions make this no longer possible. Other pre -qualified
agencies public or private are available. It will be necessary for the City to enter into an agreement
with a pre -qualified agency in order to effect the sale in a manner acceptable to the Federal
authorities.
FINANCIAL CONSIDERATIONS
Costs associated to market this project such as appraisals, title reports will be paid from funds of
the sale. According to CFR Section 713.307 (c) states, "When a credit to federal funds is required,
the cost of disposition may be deducted from the sales price." How these up front marketing costs
are paid are subject to negotiation and will be addressed when staff return with an agreement to sell
the subject parcels.
NOTIFICATION
Tom McCabe, Orange County EMA
Charles Antos, Orange County EMA
Andrew Lui
Shelly Morris, Zurich Life
ALTERNATE ACTIONS
Blair Dahl, Snyder Langston
Carolyn Ansari, County of Orange GSA
Teresa Cota-Arias, Caltrans
Al Mockus, Federal Highway Administration
Accept Agreement D95-122 with the County of Orange and authorize the Mayor to sign on
behalf of the City. Authorize Staff to negotiate an agreement to begin marketing the excess
parcels once title has been transferred to the City.
2. Do not accept Agreement D95-122 with the County of Orange.
Refer to Staff for additional information.
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AGENDAITEM
RECOMMENDATION
By Motion,
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August 6, 1996
accept the Agreement D95-122 with the County of Orange for the transfer of right-of-way,
excess right-of-way and debt obligation for excess Stonehill Drive right-of-way from the
County of Orange to the City of San Juan Capistrano and authorize the Mayor to sign the
Agreement on behalf of the City.
2. authorize Staff to negotiate an agreement to begin marketing the excess parcels once title has
been transferred to the City.
Respectfully Submitted,
Douglas D. Dumhart
Management Analyst II
Attachments: 1. Agreement D89-343
2. Agreement D95-122
C\AG ENDAS\ ] 996\8-6STNHL. W PD
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Agreement No. 089-343
AGREEMENT io
THIS AGREEMENT, made and entered into this IkI day Of11990.
BY AND BETWEEN:
AND
The CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter designated as
"CITY,"
The COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter designated as "COUNTY."
W I T N E S S E T H
WHEREAS, COUNTY proposes to extend Stonehill Drive from Seaside Drive to
Camino Capistrano, including bridges across San Juan Creek Channel and over the AT&SF
Railway, hereinafter referred to as "PROJECT"; and
WHEREAS, the portion of the PROJECT from easterly right -of way of San Juan
Creek to Camino Capistrano is within CITY limits; and
WHEREAS, portion of the proposed Stonehill Drive extension , from Seaside
Drive to easterly right-of-way of San Juan Creek is within the City of Dana Point
(not a party to this agreement) which incorporated effective January 1, 1989; and
WHEREAS, Cooperative Agreement D89-344, between the City of Dana Point and
COUNTY defines the area of responsibility for the portion of PROJECT within the City
of Dana Point; and
WHEREAS, Stonehill Drive is a Primary Arterial Highway on CITY's circulation
element and on COUNTY's Master Plan of Arterial Highways; and
WHEREAS, COUNTY and CITY have adopted a Stonehill Drive alignment for the
extension of the arterial highway from Seaside Drive to Camino Capistrano; and
WHEREAS, CITY, as lead agency for CEQA purposes, has approved on March 1,
1983, an Environmental Impact Report for PROJECT as required by CEQA; and
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ATTACHMENT 1
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Agreement No. D89-343
WHEREAS, COUNTY has allocated funds for all of the design and construction
cost of the bridge over San Juan Creek, in COUNTY's Major Bridge Program hereinafter
referred to as "MBP"; and
WHEREAS, COUNTY and CITY have received approval of Federal Aid Urban (FAU)
funding in Fiscal year 1988-89, which is intended to reimburse approximately
eighty-six percent (85.87X exactly) of right-of-way acquisition, design and
construction costs for PROJECT excluding the bridge at San Juan Creek; and
WHEREAS, the amount of FAU funds in the current PAU program is now
insufficient to participate in the full cost of PROJECT as presently estimated; and
WHEREAS, COUNTY proposes to be lead agency for the implementation of
PROJECT; and
WHEREAS, COUNTY prepared and processed environmental documents required by
the National Environmental Policy Act (NEPA) and a Finding Of No Significant Impact
was issued for PROJECT in December, 1988; and
WHEREAS, COUNTY's Board of Supervisors declared the portion of PROJECT
within CITY limits to be a COUNTY highway during period of improvement, and
transmitted a copy of said Resolution No.90-448 to CITY for concurrence, as
authorized by Street and Highway Code Sections 1700 and 1701; and
WHEREAS, COUNTY entered into an agreement with the AT&SF Railway for
construction of Stonehill Drive overpass within AT3SF right of way at the railroad
crossing; and
WHEREAS, COUNTY and CITY wish to define financing and respective areas of
responsibility for design, acquiring right-of-way, construction and inspection for
PROJECT, in a more complete manner than was done in previous agreements between CITY
and COUNTY designated as Agreement Nos. D85-006 as amended September 16, 1986 and
D80-126 as amended January 13, 1981.
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ATTACHMENT 1
Agreement No. D69-343
WHEREAS, CITY's Council declared the portion of PROJECT within CITY limits
to be a COUNTY highway during period of improvement, and transmitted a copy of said
Resolution No.90-04-17-8 to COUNTY, as authorized by Street and Highway Code Sections
1700 and 1701; and
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. COUNTY SHALL:
A. Be and is hereby designated as Agent in Charge of right-of-way
acquisition for PROJECT and shall file all eminent domain actions if needed.
B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order to
design and construct PROJECT.
C. Submit plans and specifications to CITY for review and approval by
City Engineer or his designee, hereinafter referred to as "CITY ENGINEER", as to
design and construction features of PROJECT within CITY limits.
D. Subject to PAU authorization and to availability of funds, award
contract for construction of PROJECT prior to the expiration date of PAU funding for
PROJECT.
E. During the period of construction, have responsible charge over the
PROJECT construction area including that portion within CITY limits.
Y.' Obtain vritten concurrence of CITY ENGINEER prior to issuing any
contract change order which would increase CITY's matching share of cost by $1,000 or
more which would affect the design of PROJECT within CITY limits.
G. Accept improvements under the contract for PROJECT, after CITY
ENGINEER approves, in writing, the construction as it affects the operation and
maintenance of PROJECT within CITY limits.
H. Concurrently with acceptance of the contracted PROJECT improvements,
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ATTACHMENT 1
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Agreement No. D89-343
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consider a resolution declaring the portion of PROJECT within CITY limits to no
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longer be a COUNTY highway, and transmit a copy of said resolution to the City Clerk
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for filing.
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II. CITY SHALL:
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A. Review the plans and specifications for approval by CITY ENGINEER as
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to design and construction features affecting the construction, operation and
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maintenance of the portion of PROJECT within CITY limits.
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B. Prior to COUNTY's acceptance of deeds for PROJECT right-of-way, pass
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a resolution pursuant to the Street and Highways Code Section 1701, concurring with
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COUNTY's declaration that Stonehill Drive from easterly side of San Juan Creek
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right-of-way to Camino Capistrano shall be a COUNTY highway for purposes of
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right-of-way acquisition and improvement.
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C. Be responsible for those portions of right-of-way and construction
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costs which will not be reimbursed by either FAU funds or by the MBP, for that
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portion of PROJECT within the CITY limits. The CITY's share of cost will be
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approximately fourteen percent (14.13% exactly) of FAU participating items plus 100%
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of non -participating items, MBP items excepted.
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D. At all times during the progress of construction of PROJECT within
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CITY limits, have access to the work thereon for the purposes of inspection, and
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should CITY deem any remedial measure to be necessary, CITY shall notify COUNTY
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thereof.
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23 E. Review completed construction for PROJECT and give COUNTY approval
24 to accept improvements within CITY limits. Approval shall be withheld only for work
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26 F. Upon completion and acceptance of PROJECT by COUNTY and CITY, accept
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ATTACHMENT 1
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Agreement No. D89-343
maintenance of the portion of PROJECT within CITY limits.
G. Become the successor to the conditions of the agreement between
COUNTY and ATSSF for construction of bridge over ATSSF railroad tracks.
III. FINANCING:
A. COUNTY shall be responsible for one hundred percent (100X) of the
design and construction costs of the bridge structure over San Juan Creek, with MBP
funds.
B. COUNTY shall be financially responsible for one hundred percent
(100X) of the cost of preparation of construction plans, specifications and cost
estimate for PROJECT.
C. On the basis of the construction and right-of-way cost estimates,
PROJECT will be financed as follows:
1. It is expected that the FAU Program will provide Federal
reimbursement of approximately eighty-six percent (85.87% exactly) for FAU
"participating" items in PROJECT excepting the bridge at San Juan Creek. The
approximate fourteen percent (14.13% exactly) local matching funds and the entire
cost of non -participating items shall be borne by CITY or COUNTY according to each
Party's respective items of responsibility (FAU Non -participating items are known to
include consultant costs for R/V appraisals and for relocation assistance
administration). Estimated division of costs (based on the limited FAU allocations)
are shown on Exhibit A, attached and made a part of this agreement.
2. The portion of PROJECT within CITY jurisdiction for cost purposes
shall be as CITY boundaries exist at the time the PROJECT contract is awarded.
D. Within thirty (30) days after invoice by COUNTY, CITY shall deposit
FIVE HUNDRED THOUSAND DOLLARS ($500,000) with COUNTY, for PROJECT right-of-way costs.
COUNTY will provide the balance of additional funds required for the total estimated
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ATTACHMENT 1
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Agreement No. D89-343
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CITY share of right-of-way acquisition as a no -interest loan to CITY. Within THIRTY
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(30) days after invoice by COUNTY, CITY shall repay up to THREE HUNDRED THOUSAND
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DOLLARS ($300,000) of actual costs after July 1, 1992, and the balance based upon
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final accounting, after July 1, 1993. All payments not received thirty (30) days
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after invoice by COUNTY and in accordance with the above payment schedule shall be
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subject to a SIX PERCENT (6X) annual percentage interest rate until paid by CITY.
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E. CITY will, beginning on July 1, 1991, and within thirty (30) days
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after invoice, deposit with COUNTY, CITY's share of PROJECT construction costs based
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on the actual bid prices (estimated to be $500,000).
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F. Due to limitation on the total FAU allocation for PROJECT, COUNTY
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will claim and apply PAU reimbursement for PAU participating items according to the
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following priorities:
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(1). Actual compensation to property owners (for right-of-vay and
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Relocation Assistant Program) and to the construction contractor (for contract
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costs).
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(2). Private consultants and testing laboratories, if any.
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(3). COUNTY -furnished engineering, surveying, testing, inspection
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and construction contract administration.
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In the event that total PAU funds programmed are insufficient to
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cover the full reimbursement of PAU "participating" items in categories (1) and (2)
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22 above, the COUNTY will not claim PAU reimbursement for category (3), but will solely
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24 ability. CITY shall remain responsible to reimburse COUNTY for category (1) and (2)
costs for work within its CITY boundaries exclusive of PAU reimbursement.
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26 G. Within one hundred twenty (120) days after the acceptance of the
improvements under the contract by COUNTY, COUNTY shall submit to CITY for review and
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Agreement No. 089-343
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approval by CITY ENGINEER a Final Accounting Report for PROJECT.
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If said Final Accounting Report as approved by CITY ENGINEER shows
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that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY
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shall promptly reimburse CITY the difference between the amount deposited and the
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actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows that
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the total cost to CITY is more than the amount deposited by CITY, CITY shall
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reimburse COUNTY for the difference between the amount deposited and the actual cost
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determined in accordance with this section III within 30 days of invoice by COUNTY.
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The no -interest loan to CITY is excepted from this payment plan.
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IV. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
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A. This agreement shall supersede agreement numbers D80-126 and D85-006
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with CITY.
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B. Time, and FAU participation are of the essence of this agreement.
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The parties hereto agree to work diligently and cooperate to enable the award of a
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construction contract for project no later than September 30, 1990 (or prior to
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extended deadline approved by FAU officials). However in the event timely FAU
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authorization cannot be obtained or for other sufficient cause, COUNTY, at its sole
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discretion in consultation with CITY and with the City of Dana Point, may
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reject bids for PROJECT.
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C. If COUNTY fails to award the PROJECT construction contract by
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September 30, 1990, or such later date as may be authorized for FAU purposes, this
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agreement may be terminated by either party upon thirty (30) days written notice to
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the other party, provided however that CITY shall remain responsible for its share of
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actual PROJECT cost to that date.
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D. Pursuant to and in accordance with Section 10532 of the California
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Government Code, in the event that this Contract involves expenditures of State funds
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Agreement No. D89-343
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aggregating in excess of ten thousand dollars ($10,000), the parties shall be subject
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period of three (3) years after final payment under this Contract.
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E. Neither CITY nor any officer or employee thereof shall be
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responsible for any damage or liability occurring by reason of anything done or
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omitted to be done by COUNTY under or in connection with any work, authority, or
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jurisdiction delegated to COUNTY under this agreement. It is also understood and
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agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify,
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defend, and hold CITY harmless from any liability imposed for injury (as defined by
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Government Code Section 810.8), occurring by reason of anything done or omitted to be
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done by COUNTY under or in connection with any work, authority, or jurisdiction
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delegated to COUNTY under this agreement.
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F. Neither COUNTY nor any officer or employee thereof shall be
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responsible for any damage or liability occurring by reason of anything done or
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omitted to be done by CITY under or in connection with any work, authority, or
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jurisdiction not delegated to COUNTY under this agreement. It is also understood and
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agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify,
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defend, and hold COUNTY harmless from any liability imposed for injury (as defined by
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Government Code Section 810.8) occurring by reason of anything done or omitted to be
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done by CITY or in connection with any work authority, or jurisdiction not deleted to
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COUNTY under this agreement.
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Agreement No. D89-343
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
duly authorized by the City Council and the Board of Supervisors, respectively.
Dated: June 5, 1990
ATTEST:
Dated: d D
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By: .�
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
CITY OF SAN JUAN CAPISTRANO
A municip corporation?o
By:C�vr—
tonyMayor pro tem
APPROVED AS TO FORM:
By: \' 1 ?'c 1S1 < O W
COUNTY OF ORANGE
A political subdivision of the State
of California
By:
C4 0001000�
air: man,oB ar of Supervisors
APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: —c �1L�1i,1
0 Dat Y�I�LU
(� Date
-9-
ATTACHMENT 1
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ATTACHMENT 1