21-0518_CALIFORNIA DEPARTMENT OF TRANSPORTATION_Agenda Report_F1aCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Steve May, Project Manager
DATE: May 18, 2021
SUBJECT: Approval of Agreements Between the City and Orange
County Transportation Authority, the California Department
of Transportation, and the County of Orange for Funding of
Design for State Route 74 Lower Ortega Highway Widening
Improvement Project
RECOMMENDATION:
1.Approve the following three agreements for funding of design for the Caltrans State
Route 74 Lower Ortega Highway Widening Improvement Project, subject to
incidental changes and approvals of the governing bodies of the respective
agencies that are parties to the agreements:
a.Cooperative Agreement between the City and Caltrans (Attachment 1); and,
b.Cooperative Agreement between the City and the Orange County
Transportation Authority (Attachment 2); and,
c.Funding Assistance Agreement between the City and the County of Orange
(Attachment 3); and,
2.Authorize the City Manager to execute the above agreements on behalf of the City,
substantially in the forms attached, and to execute any other documents necessary
for the City to receive and disburse funds under provisions of the above
agreements.
EXECUTIVE SUMMARY:
The Lower Ortega Highway Widening Project is a Caltrans project with State
Transportation Improvement Program (STIP) funds programmed for design in 2024. The
City is eligible for Orange County Transportation Authority (OCTA) Measure M2 funds for
the Project design that Caltrans is not eligible to receive directly from OCTA. Staff is
recommending that the City Council approve agreements with Caltrans, OCTA, and the
County to allow the City to act as a pass-through agent for the Measure M2 funds,
5/18/2021
F1a
City Council Agenda Report
May 18, 2021
Page 2 of 3
together with grant matching funds from the County of Orange, so that the Project design
could begin now.
DISCUSSION/ANALYSIS:
The total Project design cost is estimated to be $7 million. The Measure M2 grant will
provide 75% of this cost ($5.25 million) and the City as the grant applicant must provide
a 25% match ($1.75 million). The County of Orange has offered to provide these matching
funds from its South County Roadway Improvement Program (SCRIP) developer fees
paid by Rancho Mission Viejo.
It is recommended that the City Council approve the three attached agreements with
Caltrans (Attachment 1), OCTA (Attachment 2), and the County of Orange (Attachment
3) that will allow the City to receive funds from OCTA and the County and to pass those
funds through to Caltrans so that the Project design can be accelerated by two years.
The City Council authorized the Measure M2 grant application in November 2019. OCTA
approved the grant in June 2020. Since that time, City staff have been working with the
three agencies on agreements that would accelerate design but not involve financial
contribution from the City and not expose the City to potential future liabilities related to
this state highway Project. The attached three agreements meet those requirements. The
City Attorney’s office has reviewed the three agreements and has approved as to form
although a final, clean version of the Caltrans agreement is not yet available. The City
Attorney will sign that agreement when the final form becomes available.
The City will have an ongoing role in the Project design that will involve coordination with
Caltrans and the Hunt Club Community Association under terms of a 2011 Settlement
Agreement between Caltrans, the City, and the Hunt Club Community Association
(Attachment 4). This agreement requires Caltrans to establish an “Aesthetics and
Landscape Plan Committee” including representatives of the three parties to the
Settlement Agreement to review aesthetics of the Project.
FISCAL IMPACT:
The recommended action would have no fiscal impact for the City as the $7 million to be
provided by the City to Caltrans for the Project will be funded by a Measure M2 grant from
OCTA ($5.25 million) and the County of Orange SCRIP program ($1.75 million).
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
actions are exempt from CEQA per Section 15061(b)(3), the commons sense exemption
that the CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA. Approving and authorizing the City Manager to execute
City Council Agenda Report
May 18, 2021
Page 3 of 3
agreements for funding of design would not be an activity with potential to cause
significant effect on the environment and therefore is exempt from CEQA.
An Environmental Impact Report (EIR) for the Project was previously prepared and
certified. The Project lead agency, Caltrans, recently prepared and finalized an
Environmental Assessment (EA) under the National Environmental Policy Act, which
would qualify the Project for Federal construction funding should it become available. The
project design, for which the OCTA Measure M2 grant funding and the County SCRIP
funding will be provided, may proceed on the bases of the previously certified EIR and
approved EA.
PRIOR CITY COUNCIL REVIEW:
On November 5, 2019, the City Council adopted Resolution 19-11-05-04 approving the
City’s submittal of State Route 74 Lower Ortega Highway Widening Improvement Project
to the Orange County Transportation Authority for grant funding under the Measure M2
Comprehensive Transportation Funding Program.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review.
NOTIFICATIONS:
Darrell Johnson, Chief Executive Officer, Orange County Transportation Authority
James Treadaway, Director of Public Works, County of Orange
Ryan Chamberlain, District Director, Caltrans District 12
Jeff Thompson, Rancho Mission Viejo Company
Hunt Club Community Association Board of Directors
Lennie DeCaro
Von Cameron
ATTACHMENTS:
Attachment 1: Cooperative Agreement between the City and Caltrans
Attachment 2: Cooperative Agreement between the City and OCTA
Attachment 3: Funding Assistance Agreement between the City and the County of
Orange.
Attachment 4: 2011 Settlement Agreement between the City, Caltrans, and the Hunt
Club Community Association
12-ORA-74-1.0/2.1
EA: 08692
Project Number: 1200000051
Agreement 12 - 795 Alt
COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, effective on __________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of San Juan Capistrano, a body politic and municipal corporation or chartered city
of the State of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to
the State Highway System (SHS) per the California Streets and Highways Code,
Sections 114 and 130.
2. The term AGREEMENT, as used herein, includes this document and any associated
attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, the widening of 0.9 mile segment on SR 74
within the City of San Juan Capistrano, Calle Entradero, to County boundary, from 2
lanes to 4 lanes to eliminate bottleneck will be referred to hereinafter as PROJECT.
This description only serves to identify the PROJECT. The project scope of work is
defined in the appropriate authorizing documents per the Project Development
Procedures Manual.
4. CITY will contribute an amount of $7,000,000 to the PROJECT. Contributed funds
will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT
COMPONENTS:
o PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY's
contribution toward the PROJECT.
ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
Attachment 1, Page 1 of 8
Agreement 12 - 795 Alt
8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as
shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
11. All obligations of CALTRANS under the terms of this AGREEMENT are subject to
the appropriation of resources by the Legislature, the State Budget Act authority, and
the allocation of funds by the California Transportation Commission.
12. The cost of any engineering support performed by CALTRANS includes all direct
and applicable indirect costs. CALTRANS calculates indirect costs based solely on
the type of funds used to pay support costs. State and federal funds administered by
CALTRANS are subject to the current Program Functional Rate. All other funds are
subject to the current Program Functional Rate and the current Administration Rate.
The Program Functional Rate and Administration Rate are adjusted periodically.
13. Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection
with any work, authority, or jurisdiction conferred upon CALTRANS under this
AGREEMENT. It is understood and agreed that CALTRANS, to the extent
permitted by law, will defend, indemnify, and save harmless CITY and all of its
officers and employees from all claims, suits, or actions of every name, kind, and
description brought forth under, but not limited to, tortious, contractual, inverse
condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors,
and/or its agents under this AGREEMENT.
14. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any
oral understanding or writings pertaining to PROJECT.
15. Funds obligated in this AGREEMENT will be for completing the PS&E PROJECT
COMPONENT, with the exception of the following activities:
Attachment 1, Page 2 of 8
Agreement 12 - 795 Alt
CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT
Funded Cost
255.20 Final PS&E Package No
260 Contract Bid Documents Ready to List No
265 Awarded and Approved Construction Contract No
The activities Final District PS&E Package (255.20), Contract Bid Documents Ready to
List (260), and Awarded and Approved Construction Contract (265); will be funded from
the State Transportation Improvement Program.
INVOICE AND PAYMENT
16. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount
LOCAL Measure M PS&E $5,250,000
LOCAL Developer PS&E $1,750,000
Total Funds $7,000,000
17. CALTRANS will invoice CITY for the initial amount of $2,000,000 (single payment)
after execution of this AGREEMENT. CALTRANS will invoice CITY the remaining
amount of $5,000,000 (single payment) at the end of February 2022.
18. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of
the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When
paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of
receipt of the invoice.
19. If CITY has received Electronic Funds Transfer (EFT) certification from
CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures
to pay all invoices issued from CALTRANS.
Attachment 1, Page 3 of 8
Agreement 12 - 795 Alt
20. After all work for the PROJECT is complete, CALTRANS will submit a final
accounting for all costs. Based on the final accounting CALTRANS will, if
necessary, refund CITY the unexpended local fund sources shown in the FUNDING
TABLE.
21. This AGREEMENT will terminate upon CALTRANS’ receipt of the PROJECT
funds. However, all indemnification and final accounting articles will remain in
effect until terminated or modified in writing by mutual agreement.
DEFINITIONS
FUNDING PARTY – A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY – The party responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
PARTY – An individual signatory agency in this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this
AGREEMENT.
SPONSOR – The PARTY that accepts the obligation to secure financial resources to fully
fund PROJECT. This includes any additional funds beyond those committed in this
AGREEMENT necessary to complete the full scope of PROJECT.
PROJECT COMPONENT – A distinct portion of the planning and project development
process of a capital project as outlined in California Government Code, Section 14529(b).
• PID (Project Initiation Document) – The activities required to deliver the
project initiation document for the PROJECT.
• PA&ED (Project Approval and Environmental Document) – The activities
required to deliver the project approval and environmental documentation for the
PROJECT.
• PS&E (Plans, Specifications, and Estimate) – The activities required to deliver
the plans, specifications, and estimate for the PROJECT.
• R/W (Right of Way) SUPPORT –The activities required to obtain all property
interests for the PROJECT.
Attachment 1, Page 4 of 8
Agreement 12 - 795 Alt
• R/W (Right of Way) CAPITAL – The funds for acquisition of property rights
for the PROJECT.
• CONSTRUCTION SUPPORT – The activities required for the administration,
acceptance, and final documentation of the construction contract for the
PROJECT.
• CONSTRUCTION CAPITAL – The construction contract funds for the
PROJECT.
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to
this AGREEMENT. PARTIES will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this AGREEMENT.
The primary AGREEMENT contact person for CALTRANS is:
Brian Santos, Project Manager
1750 E. 4th Street
Santa Ana, CA 92705
Office Phone: 657-328-6624
Mobile Phone: (949) 279-9363
Email: brian.santos@dot.ca.gov
The primary AGREEMENT contact person for CITY is:
Steve May, Project Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Office Phone: (949) 443-6363
Email: SMay@SanJuanCapistrano.org
Attachment 1, Page 5 of 8
Agreement 12 - 795 Alt
SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to
the undersigned the authority to execute this AGREEMENT on behalf of the respective
agencies and covenants to have followed all the necessary legal requirements to validly
execute this AGREEMENT.
This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in
a separate counterpart, each of which when so executed and delivered shall constitute an
original and all of which taken together shall constitute one and the same instrument.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged
by facsimile or email and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Adnan Maiah
Deputy District Director
Strategic Portfolio Management
Single Focal Point
Verification of funds and authority:
Neda Saber
District Budget Manager
Certified as to financial terms and policies:
Gina Schumacher
HQ Accounting Supervisor
CITY OF SAN JUAN CAPISTRANO
Benjamin Siegel
City Manager
Attest:
Maria Morris
City Clerk
Approved as to form and procedure:
Jeffrey S. Ballinger
City Attorney
Attachment 1, Page 6 of 8
Agreement 12 - 795 Alt
CLOSURE STATEMENT
1. Did PARTIES complete all scope, cost and schedule commitments included in
this AGREEMENT and any amendments to this Agreement?
YES / NO
2. Did CALTRANS accept and approve all final deliverables submitted by CITY?
YES / NO
3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this
AGREEMENT and any amendments to this AGREEMENT were completed?
YES / NO
4. If construction is involved, did the CALTRANS District Project Manager verify that all claims
and third party billings (utilities, etc.) have been settled before termination of the
AGREEMENT?
YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.
Attachment 1, Page 7 of 8
Agreement 12 - 795 Alt
CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in
Cooperative Agreement 12-795 Alt and any amendments to this AGREEMENT.
The final signature date on this document terminates Cooperative Agreement 12-795 Alt except
survival articles.
All survival articles in Cooperative Agreement 12-795 Alt will remain in effect until expired by
law, terminated or modified in writing by PARTY’s mutual agreement, whichever occurs earlier.
The people signing this AGREEMENT have the authority to do so on behalf of their public
agencies.
This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a
separate counterpart, each of which when so executed and delivered shall constitute an original
and all of which taken together shall constitute one and the same instrument.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by
facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dept. Dist. Dir., Strategic Portfolio
Management
Date:
CERTIFIED AS TO ALL FINANCIAL
OBLIGATIONS/TERMS AND POLICIES
District Budget Manager
CITY
City Manager
Date:
Attachment 1, Page 8 of 8
1 COOPERATIVE AGREEMENT NO. C-1-3410
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SAN JUAN CAPISTRANO
6 FOR
7 ORTEGA HIGHWAY WIDENING IMPROVEMENT PROJECT
8
9 THIS COOPERATIVE AGREEMENT ("Agreemenf'), is effective this day of
10 2021 ("Effective Date"), by and between the Orange County Transportation
11 Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation
12 of the State of California (herein referred to as "AUTHORITY') and the City of San Juan Capistrano,
13 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, municipal corporation duly organized and
14 existing under the constitution and laws of the State of California (hereinafter referred to as "CITY") each
15 individually known as "Party" and collectively known as the "Parties".
16 RECITALS:
17 WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and
18 WHEREAS, AUTHORITY Ordinance No. 3 outlines the M2 Transportation Ordinance and
19 Investment Plan to fund transportation facility and service improvement programs for a period of thirty
20 (30) years commencing on April 1, 2011; and
21 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling M2 eligibility
22 requirements consistent with the Ordinance and Eligibility Guidelines most recently approved by the
23 AUTHORITY's Board of Directors (Board) on April 12, 2021; and
24 WHEREAS, AUTHORITY's Board approved on May 11, 2020 providing CITY with
25 Five Million Two Hundred Fifty Thousand Dollars ($5,250,000) in M2 Project 0 funding to be matched
26 with local funding of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) through the
Page 1 of9 Attachment 2, Page 1 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 competitive Comprehensive Transportation Funding Program Call for Projects for the Plans,
2 Specifications and Estimates Phase (PS&E) of the Ortega Highway Widening Improvement Project,
3 which will widen Ortega Highway from Calle Entradero (PM 1.0) to Reata Road (PM 2.1) and consistent
4 with the original Comprehensive Transportation Funding Programs application, herein referred to as
5 "PROJECT"; and
6 WHEREAS, the CITY and the County of Orange entered into Funding Assistance
7 Agreement No. MA-080-21010094 through which the County of Orange has agreed to provide the CITY
8 with One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) as deposited into the County's
9 South County Roadway Improvement Program (SCRIP) from the "owner" or Rancho Mission Viejo to be
10 used as the required Measure M2 match for the "PROJECT"; and
11 WHEREAS, on May 10, 2021, the AUTHORITY Board authorized establishment of this
12 Agreement to replace Letter Agreement No. 5 to Agreement No. C-1-2782 which is now superseded by
13 this Agreement and will allow for CITY to provide the funding to the California Department of
14 Transportation (Caltrans) to carry out PS&E work consistent with state requirements and outside of the
15 standard Comprehensive Transportation Funding Program Guidelines and general requirements.
16 WHEREAS, the CITY's City Council approved this Agreement on the day of
17 2021;
18 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
19 ARTICLE 1. COMPLETE AGREEMENT
20 A. This Agreement, including any attachments incorporated herein and made applicable by
21 reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
22 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
23 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
24 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
25 are true and correct and are incorporated by reference herein.
26 I
Page2of9 Attachment 2, Page 2 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 B. AUTHORITYS' failure to insist on any instance(s) of CITY's performance of any term(s) or
2 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
3 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
4 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
5 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
6 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
7 accordance with the provisions of this Agreement.
8 C. CITY's failure to insist on any instance(s) of AUTHORITY'S performance of any term(s) or
9 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
10 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
11 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
12 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
13 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
14 this Agreement.
15 ARTICLE 2. SCOPE OF AGREEMENT
16 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
17 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each shall cooperate
18 and coordinate with the other in all activities covered by this Agreement and any other supplemental
19 agreements that may be required to facilitate purposes thereof.
20 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
21 AUTHORITY agrees to the following responsibilities for PROJECT:
22 A. AUTHORITY is to remit to CITY within forty-five (45) days of receipt of an acceptable invoice
23 and verification of execution of financial contribution agreement with Caltrans, and upon confirmation that
24 CITY has provided to Caltrans the required local match of One Million Seven Hundred Fifty Thousand
25 Dollars ($1,750,000), a payment of Five Million Two Hundred Fifty Thousand Dollars ($5,250,000) to be
26 used for the PS&E Phase of the PROJECT. Partial match payments may be made to Caltrans by CITY
Page3of9 Attachment 2, Page 3 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 and with evidence of match payment, AUTHORITY shall complement the partial match with the
2 appropriate AUTHORITY share.
3 B. AUTHORITY shall monitor Caltrans progress directly, when possible and shall review reports
4 provided by the CITY from Caltrans to confirm that description of work is generally consistent with
5 PROJECT and original grant funding scope of work as provided through the Comprehensive
6 Transportation Funding Programs (CTFP) application.
7 ARTICLE 4. RESPONSIBILITIES OF CITY
8 CITY agrees to the following responsibilities for PROJECT:
9 A. To submit an invoice to AUTHORITY requesting no more than
10 Five Million Two Hundred Fifty Thousand Dollars ($5,250,000) for the PROJECT after entering into a
11 financial contribution agreement or similar agreement with Caltrans, receiving an invoice for payment
12 from Caltrans and providing evidence of the payment to Caltrans of the local match requirement and also
13 consistent with Article 6 of this Agreement for payment.
14 B. To provide evidence that funds provided to CITY have been provided to Caltrans.
15 C. To encourage Caltrans to provide reports on the progress ofthe PS&E for the project.
16 D. To notify AUTHORITY in writing that the PROJECT phase is complete, within thirty (30) days
17 of completion and to provide a copy of the final PS&E which shall be considered the final report within
18 ninety (90) days of the date of notification of PROJECT phase completion.
19 E. To confirm, within the financial agreement with Caltrans, that any project savings would be
20 returned to AUTHORITY and return any savings to AUTHORITY when received from Caltrans.
21 ARTICLE 5. DELEGATED AUTHORITY
22 The actions required to be taken by CITY in the implementation of this Agreement are delegated
23 to the City Manager, or designee, and the actions required to be taken by AUTHORITY in the
24 implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or designee.
25 I
26 I
Page4of9 Attachment 2, Page 4 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 ARTICLE 6. MAXIMUM OBLIGATION AND INVOICE
2 A. Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
3 mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be
4 Five Million Two Hundred Fifty Thousand Dollars ($5,250,000), unless agreed to and amended by both
5 Parties.
6 B. CITY invoice for M2 funds for up to Five Million Two Hundred Fifty Thousand Dollars
7 ($5,250,000) shall include a copy of the financial contribution agreement or similar agreement with
8 Caltrans, a copy of the invoice for payment from Caltrans and evidence that CITY has paid Caltrans the
9 required local match amount of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000).
10 C. The invoice must be submitted on CITY's letterhead.
11 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts Payable
12 Office or electronically to vendorinvoices@octa.net. Each invoice shall include the following information:
13 1. AgreementNumberC-1-3410
14 2. Verification of Match
15 3. Support documents
16 4. Adequate detail describing what the funds are to be used for
17 5. Such other information as requested by AUTHORITY
18 6. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify
19 the accuracy of the included information.
20 E. Total payments shall not exceed the awarded funding amount of Five Million Two Hundred
21 Fifty Thousand Dollars ($5,250,000).
22 ARTICLE 7. AUDIT AND INSPECTION
23 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
24 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
25 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
26 other data and records of CITY for a period of four (4) years after final payment, or until any on-going
Page5of9 Attachment 2, Page 5 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
2 CITY's payment of AUTHORITY's final billing (so noted on the invoice) under this Agreement.
3 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
4 provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor.
5 ARTICLE 8. INDEMNIFICATION
6 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense
7 with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless
8 AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
9 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
10 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
11 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
12 persons (CITY's employees included), for damage to property, including property owned by AUTHORITY,
13 or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or
14 willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of
15 the performance of this Agreement.
16 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost
17 and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless
18 CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and
19 against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
20 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
21 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
22 persons (AUTHORITY's employees included), for damage to property, including property owned by CITY,
23 or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or
24 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising
25 out of the performance of this Agreement.
26 I
Page6of9 Attachment 2, Page 6 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 C. The indemnification and defense obligations of this Agreement shall survive its expiration or
2 termination.
3 ARTICLE 9. ADDITIONAL PROVISIONS
4
5
A. Term of Agreement: This Agreement shall be effective on _____ 2021, and shall be in full
force and effect through June 30, 2024.
6 B. Termination: In the event either Party defaults in the performance of their obligations under
7 this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have
8 the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
9 C. Termination for Convenience: Either Party may terminate this Agreement for its convenience
10 by providing thirty (30) days' prior written notice of its intent to terminate for convenience to the other
11 Party.
12 D. Parties shall comply with all applicable federal, state, and local laws, statues, ordinances and
13 regulations of any governmental authority having jurisdiction over the PROJECT.
14 E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to execute
15 this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are
16 formally bound to the provisions of this Agreement.
17 F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
18 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
19 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
20 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
21 G. Counteroarts of Agreement: This Agreement may be executed and delivered in any number
22 of counterparts, each of which, when executed and delivered shall be deemed an original and all of which
23 together shall constitute the same agreement. Facsimile signatures will be permitted.
24 H. Force Majeure: Either Party shall be excused from performing its obligations under this
25 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
26 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
Page? of9 Attachment 2, Page 7 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 commandeering of material, products, plants or facilities by the federal, state or local government; national
2 fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause
3 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
4 the control and is not due to the fault or negligence of the Party not performing.
5 I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
6 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
7 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
8 void and of no force and effect. Consent to one assignment shall not be deemed consent to any
9 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
10 J. Governing Law: The laws of the State of California and applicable local and federal laws,
11 regulations and guidelines shall govern this Agreement.
12 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the
13 court shall award costs and expenses, including attorney's fees, to the prevailing Party.
14 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
15 Agreement are to be directed as follows:
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To CITY
City of San Juan Capistrano
32400 Paseo Adelanto,
San Juan Capistrano, CA 92675
Attention: Benjamin Siegel
City Manager
Tel: 949-443-6375
E-mail: BSiegel@SanJuanCapistrano.org
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
P. 0. Box 14184
Orange, CA 92863-1584
Attention: Luis Martinez
Associate Contract Administrator
Tel: (714) 560-5767
E-mail: lmartinez1@octa.net
Page8of9 Attachment 2, Page 8 of 9
COOPERATIVE AGREEMENT NO. C-1-3410
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. ~1-3410 to be
2 executed as of the date of the last signature below.
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CITY OF SAN JUAN CAPISTRANO
By: __________ _
Benjamin Siegel
City Manager
ATTEST:
By: __________ _
Maria Morris
City Cieri<
APPROVED AS TO FORM
By:
Jeffrey S. Ballinger
City Attorney
ORANGECOUNTYTRANSPORTATIONAUTHORITY
Darrell E. Johnson
Chief Executive Officer
APPROVED AS TO FORM:
By: James D lch ( ay 11, 2021 08:23 PDT)
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
By: ____________ _
Kia Mortazavi
Executive Director, Planning
Page 9of9 Attachment 2, Page 9 of 9
MA-080-21010094
1
SAN JUAN CAPISTRANO ORTEGA HIGHWAY WIDENING DESIGN
FUNDING ASSISTANCE AGREEMENT
This Funding Assistance Agreement (“Agreement”) is entered into as of this _______ day of _______,
2021 (the “Effective Date”), by and between the COUNTY OF ORANGE, a political subdivision of the
State of California (hereinafter referred to as “County”), and the CITY OF SAN JUAN CAPISTRANO, a
California municipal corporation (hereinafter referred to as “City”). County and City are sometimes
hereafter collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
A.Rancho Mission Viejo (“RMV”) is the authorized agent and manager of the owners (“Owners”) of
certain real property located easterly of the boundaries of City.
B.Owners entered into a development agreement with the County (“Development Agreement”)
whereby Owners committed to assist in the provision of certain transportation improvements,
including but not limited to the widening of certain portions of State Route 74 (“Ortega
Highway”), through implementation of the South County Roadway Improvement Program
(“SCRIP”), adopted by County in November 2004.
C.City desires to complete the widening of Ortega Highway from Calle Entradero to the eastern
boundary of City (“Project”) and is charged with coordinating the design of the widening pursuant
to the funding application approval that City has obtained from the Orange County Transportation
Authority (“OCTA”).
D.Owners have agreed to provide County certain funds to satisfy OCTA’s Measure M2 Grant
matching funds requirement in a not-to-exceed amount of $1,750,000 (“Matched Funds”). These
Matched Funds will support City’s design work and will satisfy the Owners’ remaining funding
obligation for the Project under the Development Agreement.
E.County is desirous of facilitating the transfer of Owners’ Matched Funds to City subject to the
terms and conditions set forth in this Agreement hereunder.
AGREEMENT
Based upon the foregoing Recitals, wholly incorporated herein by reference, and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both
Parties, County and City hereby agree as follows:
1.Financial Assistance
The Owner’s Matched Funds shall be initially deposited into the County’s SCRIP and subsequently
provided to the City solely to fund the timely completion of the Project’s Plans, Specifications and
Estimate (“PS&E”) Phase including but not limited to the Project’s initial designs, environmental
Attachment 3, Page 1 of 7
MA-080-21010094
2
studies and other preliminary items. County shall not be responsible for providing any additional
financial contribution to City, for the Project’s PS&E Phase, in excess of the Matched Funds
defined herein.
2.Disposition of Matched Funds
County’s payments to the City shall be in accordance with the following process:
a)City shall submit to County an invoice for $500,000 of the Matched Funds upon execution
of this Agreement and submit a separate invoice for the remaining balance of the
Matched Funds after January 2022. Supporting information; including, but not limited to,
an itemized breakdown of the Project’s PS&E work to be performed and other relevant
documentation necessary to support the invoiced amount should accompany each
invoice.
b)County shall remit payments to City in the amount of each invoice within thirty (30)
working days after receipt, subject to subsection (c) of this section.
c)In the event that County disputes an invoice, it will notify City in writing within fifteen (15)
working days of receipt of all supporting documentation. Under receipt of a notice of
dispute, City will have seven (7) working days to appeal County’s determination. In the
event of an appeal, County shall have fifteen (15) working days to review the appeal and
issue a final determination concerning the request for payment.
d)At the completion of the Project’s PS&E phase, City agrees to i) provide County with an
accounting of the used Matched Funds, and ii) refund any unused Matched Funds to the
County within sixty (60) days upon completion of the PS&E work.
3.Term of Agreement
The term of this Agreement shall commence upon the Effective Date and shall remain in full force
and effect until City’s receipt of all Matched Funds contemplated herein or before
________________; provided, however, all indemnification provisions shall remain in effect until
terminated or modified in writing by mutual agreement of the Parties.
4.Indemnification
Neither County, nor Owners, nor any officer, member, director, employee or affiliated thereof
(collectively the “Indemnitees”) shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by City or its contractors under or in connection
with any work, authority or jurisdiction delegated to or performed by City or its contractors under
Attachment 3, Page 2 of 7
MA-080-21010094
3
this Agreement. It is also understood and agreed that City shall fully indemnify, defend with
counsel approved in writing by the Indemnitees, and hold the Indemnitees harmless from any
liability, including attorneys’ fees and costs, imposed for injury, as defined in Government Code
Section 810.8, , occurring by reason of anything done or omitted to be done by City or its
contractors under or in connection with any work, authority or jurisdiction delegated to or
performed by City or its contractors under this Agreement.
5.Notices
All notices, request and demands hereunder must be in writing to be effective. All notices
required to be given hereunder or by operation of law in connection with the performance or
enforcement thereof shall be deemed given upon delivery if delivered personally (which includes
notice delivered by messenger or overnight courier) or, if delivered by mail, shall be deemed given
three (3) days after being deposited by certified mail in any duly authorized United States mail
depository, postage prepaid. All such notices shall be addressed as follows, or to such others
address or addresses as the Parties may from time to time specify in writing:
To County:
County of Orange
Public Works Department
601 N. Ross Street
Santa Ana, California 92701
Attention: OC Infrastructure/Road Fee Team
Telephone No.: (714) 955-0301
To City:
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Public Works Director
Telephone No.: (949) 234-4580
6.Miscellaneous
a)Entire Agreement, Waivers, and Amendments
This Agreement constitutes the entire understanding and agreement of the Parties with
respect to the subject matter set forth herein and supersedes all previous negotiations,
discussions, and agreements between the Parties with respect to all or the subject matter
hereof. All waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the party to be changed. A waiver of the breach of the
Attachment 3, Page 3 of 7
MA-080-21010094
4
covenants, conditions or obligations under this Agreement by any Party shall not be
construed as a waiver of any succeeding breach of the same or other covenants,
conditions, or obligations of this Agreement. Any amendment or modification to this
Agreement must be in writing and executed by the appropriate authorities of County and
City.
b)Successor and Assigns
This Agreement shall be binding upon the Parties and shall inure to all successor in
interest of County and to all successors in interest and assigns of City.
c)Attorneys’ Fees and Cost
If either Party to this Agreement commences an action against the other Party to this
Agreement arising out of or in connection with this Agreement, each Party shall be
responsible for their legal costs, including attorney’s fees, expert fees, costs of
investigation.
d)Interpretation; Governing Law
This Agreement shall be construed according to its fair meaning and as if prepared by
both Parties hereto. This Agreement shall be construed in accordance with the internal
laws of the State of California without regard to conflict of law principles.
e)Severability
If any terms, provisions, covenants, or conditions of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of this
Agreement shall not be affected to the extent such remaining provisions are not rendered
impractical taking into consideration the purposes of this Agreement.
f)Limitation on County Liability
In no event shall any member, partner, office, director, shareholder, employee or agent
of the County be personally liable for any default or breach of this Agreement, or for any
amount that may become due to City, or for any abdication under the terms of this
Agreement.
g)Non-Liability of Officials and Employees of the City
No official or employee of City shall be personally liable to County in the event of any
default or breach by City, under the terms of this Agreement.
Attachment 3, Page 4 of 7
MA-080-21010094
5
h)No third-Party Beneficiaries
This Agreement is made only for the benefit of the Parties hereto; it is not intended that
any rights under this Agreement shall accrue to any third person.
i)Independent Contractor
It is expressly understood and agreed by the Parties that nothing herein shall be deemed
to create an agency, joint venture, or partnership between the Parties hereto, or between
the Parties and any engineer, contractor or other professional retained by City related to
the design work.
j)Authority to Execute
The person executing this Agreement warrant and represent that they have the authority
to execute this Agreement and represent that they have the authority to bind the Parties
for which they are signing to the performance of the obligations hereunder.
k)Execution in Counterpart
This Agreement may be executed in several counterparts, and all so executed shall
constitute one agreement binding on both Parties hereto, notwithstanding that both
Parties are not signatories to the original or the same counterpart.
(SIGNATURES ON NEXT PAGE)
Attachment 3, Page 5 of 7
MA-080-21010094
6
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its City Manager and attested
by its City Clerk, and County has caused this Agreement to be executed by the Board of Supervisors and
attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the
City Council and the Board of Supervisors, respectively.
Date:
ATTEST:
Maria Morris, City Clerk
CITY OF SAN JUAN CAPISTRANO
a municipal corporation
By:
Benjamin Siegel, City Manager
Approved as to Form:
By: ,
Jeffrey S. Ballinger, City Attorney
Attachment 3, Page 6 of 7
MA-080-21010094
7
Date:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD OF SUPERVISORS
PER GC § 25103, RESO. 79-1535
By:
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
COUNTY OF ORANGE,
a political subdivision of the State of California
By:
Chairman Andrew Do
Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
By:
Deputy County Counsel
County of Orange, California
Attachment 3, Page 7 of 7
SETTLEMENT AGREEMENT
ul THIS S ~TTL EM E NT AGREE M ENT (th e "Agre ement ') is m ade and entere d into as o f
7 f Lf 20 11 (the 'Exec uti o n Da te') by and between HE HU NT CLUB
C OMMUNlTY ASSOCIATION, a non-profit mutu a l ben e fit corporati o n o rg ani z ed and exhtin g
under the laws of the State of California ("Hunt Club"), the City of San Juan Capistrano ("City")
and the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, a governmental
department with the State of California ("'Caltrans"). This Agreement shall become effective
upon its approval by the Orange County Superior Court, and its incorporation in the judgment in
the hereinafter described Lawsuit, in accordance with Section Four below.
RECITALS
A On November 30, 2009, Caltrans certified its t1nal "Environmental Impact Report
for State Route 74-Lower Ortega Highway Widening Project, State Clearing House Number
2007071038 (the "FEIR"), and approved the "State Route 74-Lower Ortega Highway Widening
Project" as described in the FEIR (the "Project"). The widening proposed by the Project is
intended to increase the number of lanes on State Route 74 ("Ortega Highway") from two lanes
to four lanes from Calle Entradero (Post Mile 1.0) to the easterly boundary of the City of San
Juan Capistrano ("City") and the western boundary of the County of Orange. (For purposes of
enforcement of this Agreement, the Janes closest to the center median of Ortega Highway within
the boundaries of the Project shall be deemed to be the lanes added by the Project, and are
hereinafter referred to as the "Project Lanes.") The Hunt Club, the City and other parties had
previously filed comments with Caltrans, objecting to the draft EIR.
B. On December 17, 2009, the Hunt Club filed the proceeding entitled "The Hunt
Club Community Association v. State of California Department of Transportation," Orange
County Superior Court Action No. 30-2009-00328947 (the ''Lawsuit"), challenging the
sufficiency of the FEIR and the validity of Caltrans' approval of the Project under the California
Environmental Quality Act, Public Resources Code Section 21000, et seq ("CEQA"). The Hunt
Club's Lawsuit challenges to the adequacy of the FEIR relate principally to the traffic safety,
noise and aesthetic impacts to residents and guests of the Hunt Club community resulting from
implementation ofthe Project.
C . On or about December 29, 2009, the City filed a petition for vvrit of mandate
against Caltrans, challenging the adequacy of the FEIR and the approval of the Project under
CEQA, as Orange County Superior Court No. 30-2009-00333448 (the "City Action"). On
April 1, 20 l 0, the Court in the Lawsuit entered an order consolidating the City CEQA action
with the Lawsuit.
D. On or about November 16 , 2010, Caltrans executed an addendum to the FEIR,
dated November 15, 201 0, to incorporate into the Project additional project mitigation elements
including a traffic signal at the intersection of Ortega Highway and Via Cordova/Hunt Club
Drive; the use of rubberized asphalt/concrete; the reconstruction of the meandering sidewalk on
the north side of Ortega Highway near the western limits of the Project; a prohibition against
nighttime Project construction activities; and the development of an aesthetic and landscaping
I J li026222-0002
11312~6 7 fl07107/ll Attachment 4, Page 1 of 16
plan/committee to include participation by the City (the "Addendum"). (The FEIR, as
supplemented by the Addendum, is hereinafter referred to as the "Project CEQA Clearance.")
E. Through this Agreement, the Hunt Club, the City and Caltrans desire to resolve
the Lawsuit and allow the Project to proceed on condition that Caltrans incorporate those
mitigation elements identified in the Final EIR and Addendum, including but not limited to
traffic, safety, aesthetic and noise abatement measures into the Project as described herein.
F. It is understood between the parties that depending on funding source and other
factors, Caltnms may or may not be the entity responsible for actually implementing/constructing
the Project, but that as the CEQA Lead Agency, Caltrans may use its discretion to provide
additional mitigation elements to the Project as part of the CEQA process. This decision making
may be ret1ected in one or more Addenda consistent with CEQA. Caltrans shall ensure that the
entity responsible for implementing and/or constructing the Project complies with the terms of
this agreement.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the mutual
covenants and promises of the Hunt Club, the City and Cal trans as hereinafter contained, and to
avoid unnecessary litigation, the parties to this Agreement agree as follows:
Section One: Additional Project Mitigation Features.
The Project shall be constructed as described in the Project CEQA Clearance (including
all mitigation measures set forth therein), and additionally shall incorporate into the Project the
Project features set forth in this Section One to address traffic, aesthetic and noise concerns
raised by the Hunt Club and the City:
1.1 Traffic Control Signal at Hunt Club Drive.
(a) As mitigation tor potential pedestrian and traffic delay
impacts, the Project shall include a four-way traffic control signal in accordance with the design,
construction and operation standards set forth in the then current version of Part 4 (Highway
Traffic Signals) of the California Manual on Uniform Traffic Control Devices (the "Traffic
Signal Improvements") to control vehicular traffic movements at the intersection of Ortega
Highway/Hunt Club Drive/Via Cordova in the City (the "Intersection"). Caltrans and/or the
entity responsible for actually implementing/constructing the Project, shall be responsible for the
design and installation costs associated with the Traffic Signal Improvements. The Traffic Signal
Improvements shall be designed in accordanct: with sound engineering principles, and shall
generally conform to the geometric features identified in the attached Exhibit "'A" which is
incorporated by reference.
(b) During the Aesthetics Committee process described below,
and prior to the commencement of construction/installation of the Traffic Signal Improvements,
Caltrans (or the Caltrans designee, if applicable) shall provide to the City and the Hunt Club a
copy of the proposed design. The City and the Hunt Club shall provide any comments regarding
the Traffic Signal Improvements to Caltrans (or the Caltrans designee) within twenty (20)
n 11026n2.ooo2
I 131246 7307107/11 -2~ Attachment 4, Page 2 of 16
business days following the date of their receipt by the City and the Hunt Club. In the event any
party disputes whether the design of the Traffic Signal Improvements comply with the
requirements of this Agreement, the parties shall participate in informal dispute resolution in
accordance with Paragraph 7.5 below.
(c) The Traffic Signal Improvements shall include the
following general features :
(I) Vehicle detectors and signalization for actuated
protected vehicular operations from Hunt Club Drive onto Ortega Highway;
(2) Vehicle detectors and signalization for actuated
protected vehicular left-turn movements from Ortega Highway into Hunt Club Drive; and
(3) Pedestrian control features for protected crossings
of Ortega Highway by pedestrians at Hunt Club Drive.
(d) Cal trans, or the agency responsible for construction
contract administration for the Project, shall not accept the Project contract as being complete or
substantially complete, nor shall it file a Notice of Completion pursuant to California Civil Code
section 3093, until the Traffic Signal Improvements are installed, activated and operational.
(e) Caltrans and the City agree to share post-construction and
maintenance costs for the traffic signal on an equal (50%-50%) basis. Caltrans and the City
further agree to amend an existing Cost Sharing Agreement to document this agreement.
1.2 GuardholiSe .Relocation. As part of the Project, the Hunt Club's existing
guardhouse and/or gate at Hunt Club Drive immediately north of the Intersection, including all
structures, fixtures, utility connections and landscaping ("Guardhouse") shall be relocated to
avoid, mitigate or otherwise address the potential hazard of vehicles stopped at the Guardhouse
from queuing onto State Route 74. Following construction of the Traffic Signal Improvements,
the relocated Guardhouse shall accommodate at least as much distance for queued vehicles
between the guard gate and the roadway as were accommodated by the original location of the
Guardhouse prior to the installation of the Traffic Signal Improvements. The Guardhouse
relocation shall be substantially completed prior to final acceptance of the Project construction
and shall be completed prior to the recordation of a Notice of Completion pursuant to California
Civil Code section 3093.
1.3 idewalk Replacement. In the event that the Project requires the removal
of a portion of the existing parkway, sidewalk and landscape from the land immediately to the
north of Ortega Highway and between the Intersection and Calle Entradero, Cal trans shall ensure
that the parkway, sidewalk and landscaping are reconstructed to resemble, to the greatest extent
reasonably possible in light of the reduced area, the parkway, sidewalk and landscaping in
existence prior to the construction of the Project (collectively, the "Sidewalk Replacement").
The parties acknowledge that the existing sidewalk on the northerly side of Ortega Highway
between the Intersection and Calle Entradero is constructed as a curved and meandering (rather
than linear) sidewalk, and the Sidewalk Replacement shall replicate the curved and meandering
alignment and appearance of the existing sidewalk to the greatest extent reasonably possible
1311026222·0002
l 131246.7 a07107111 -3-Attachment 4, Page 3 of 16
based upon the area available for side\valk construction. The sidewalk replacement shall be
substantially completed in accordance with this Agreement prior to the recordation of a Notice of
Completion pursuant to California Civil Code section 3093.
1.4 Aesthet ic Mitigation.
1.4.1 Land scape Enhancements. In order to further mitigate aesthetic
impacts, the Project shall include additional landscaping, and additional trees where feasible,
than the landscaping and trees described as Project features or Project mitigation in the Project
CEQA Clearance (collectively, the "Landscape Enhancements").
(a) Landscape Enhancements shall be installed on the north
side of the Intersection adjacent to the entrance into the Hunt Club community, as well as on the
north side of Ortega Highway from the Intersection to the west side of the Calle Entradero
entrance off of Ortega Highway, in the City (the "Landscape Enhancement Area").
(b) Prior to the installation of the Landscape Enhancements,
the agency constructing the Project shall prepare a Landscaping Plan depicting the Landscape
Enhancements proposed to be installed in accordance with this Agreement. The agency
constructing the Project shall provide a copy of that plan prior to awarding the construction
contract to the Hunt Club for its review, and shall meet and confer with the Hunt Club's
representatives and consider in good faith any recommendations or suggestions made by the
Hunt Club's representatives.
(c) The parties anticipate that the value of the Landscape
Enhancements shall be approximately Fifty Thousand Dollars ($50,000.00); provided, however,
that the entity constructing the Project shall have no obligation to expend in excess of Fifty
Thousand Dollars ($50,000.00) for the Landscape Enhancements.
(d) Separate from the Landscape Enhancements, all trees that
are removed as part of the Project shall be replaced by Caltrans or the agency constructing the
project at a minimum ratio of three replacement trees for each removed tree (3: 1 ). Replacement
trees for trees removed from the Landscape Enhancement Area shall be planted on the slopes or
within the existing landscaped portion of the Landscape Enhancement Area. No trees are
anticipated to be planted between the Sidewalk Replacement and the back of the relocated curb
on the north side of Ortega Highway.
(e) The Landscape Enhancements shall be substantially
completed prior to the recordation of a Notice of Completion pursuant to California Civil Code
section 3093.
1.4.2 Ae thetics Committee.
An aesthetics and landscape plan committee shall be established to provide guidance on
the aesthetic design of retaining walls and sound walls included in the Project, and the landscape
plan for the Project. Representatives from the City and the Hunt Club shall be included in the
aesthetic and landscape plan committee. The City Council and Hunt Club Board shall each
appoint two members to the committee and each shall notify Caltrans in writing of the
131/026222-0002
1 1312-1(> 1 u07 !07 1ll -4-Attachment 4, Page 4 of 16
appointees. As part of the design phase of the Project, Cal trans and the aesthetics and landscape
plan committee shall analyze the feasibility and consider the inclusion of terraced retaining
walls.
1.4.3 T ran p ar ent M at erial for Sound Walls.
(a) Sound walls constructed as part of the Project on the south
side of Ortega Highway, east of Via Cordova, shall include transparent sound attenuating
material for the upper approximately five feet of the wall. The transparent attenuating material
used for the sound walls shall be a durable, long lasting material.
(b) Caltrans, or the agency implementing the Project, agrees to
enter into a Contribution Agreement with the City to transfer to the City an amount representing
the costs of obtaining a replacement set of transparent panels for the sound walls. This
agreement would be finalized prior to the "Ready to List" stage of project delivery.
(c) The City agrees to accept responsibility for maintenance
(but not initial installation) ofthe sound walls if the sound walls are located on City property.
Section Two : N o ise Mit igati n.
2.1 Supple m ent al No ise Measurem e nts . Prior to the commencement of
Project design , Caltrans shall at its sole cost conduct actual (not modeled) noise measurements
within the Hunt Club community areas northerly of Ortega Highway from Hunt Club Drive to
Calle Entradero in the City (the "Noise Measurements'') to confirm assumptions used in the
noise analysis included in the CEQA process. Caltrans shall provide written notice to Hunt Club
prior to the commencement of the Noise Measurements. The Noise Measurements shall be
conducted or supervised by a qualified engineer employed by, or under contract to Caltrans,
using noise measuring devices and standards approved by the United States Department of
Transportation's Federal Highway Administration, and Caltrans. Upon their completion,
Caltrans shall furnish copies of the noise measurements to the Hunt Club.
2.2 Noi se Miti gation. In the event the additional measurements indicate the
noise impacts of the Project requires additional attenuation, Caltrans shall analyze the impacts
consistent with the CEQA process.
2.3 Prohlb.iti on on N ighuime Con s truction. Nighttime construction activities
shall be generally prohibited for the Project. Nighttime construction activities shall only be
allowed in emergency situations, for the installation of traffic signals, or if Cal trans or the entity
responsible for construction the Project has received prior approval from the City for non-
emergency nighttime construction activities.
2.4 Rubb ri ze d As ph a lt C o nc rete . The Project shall include the usc of
rubberized asphalt concrete along the Project's roadway footprint.
1.11 /02(>222·0002
1131246 7 ;,07!01111 -5-Attachment 4, Page 5 of 16
Section Three: Re striction on Widenin g North Sid e of Ortega Highway .
The parties acknowledge that the Hunt Club strongly opposes any loss or reduction of
landscape, turf or parkway on the northern side of Ortega Highway between the Intersection and
Calle Entradero, as well as any widening or expansion of the paved surface along the north side
of Ortega Highway between the Intersection and Calle Entradero. Notwithstanding language to
the contrary in the Project CEQA Clearance, Caltrans shall not expand or widen the roadbed on
the north side of Ortega Highway between the Intersection and Calle Entradero by more than
from 6.2 to 7.6 linear feet, as measured from the northern curb of Ortega Highway between the
Intersection and Calle Entradero existing as of the date of this Agreement, as shown on the site
plans attached hereto as Exhibits B-1 and B-2 and incorporated herein by this reference.
Section Four:
4.1 The Hunt Club, the City and Caltrans mutually acknowledge that this
Agreement shall not be effective unless and until this Agreement, and all of its terms and
conditions, are approved by the Court in the Lawsuit and incorporated into a final judgment
entered by the Court in the Lawsuit.
4.2 Within 30 days following the Execution Date, the Hunt Club, the City and
Caltrans shall jointly apply for or file a motion requesting that the Court in the Lawsuit approve
this Agreement, enter judgment in the Lawsuit incorporating this Agreement and all of its terms
and conditions, and reserve continuing jurisdiction over the Lawsuit for the limited purpose of
enforcing the terms and conditions of this Agreement. The judgment entered by the Court in the
Lawsuit further shall allow Caltrans or the appropriate agency to proceed with the
implementation of the Project, on condition that Caltrans or the agency implementing the project,
comply with each and all of the requirements, obligations and restrictions imposed upon Caltrans
by this Agreement.
4.3 The judgment entered by the Court in this Lawsuit shall provide that any
party may enforce any of the terms of this Agreement by filing a noticed motion with the Court
in this Lawsuit after complying with informal dispute resolution process set forth in Paragraph
8.5 below, and that the prevailing party in such motion shall be entitled to its court costs and
reasonable attorneys' fees.
4.4 The date of entry of the judgment in this Lawsuit shall be the Effective
Date for purposes of this Agreement.
4.5 The Hunt Club and Caltrans each waives any and all right that it may have
to appeal or otherwise seek reconsideration or appellate review of the judgment entered in the
Lawsuit.
Se ct ion Five: R e le ase of !aims and Covenant Not to Sue or h a ll en ge Proj e ct.
5.1 The Hunt Club, on behalf of itself and its officers, directors, employees,
successors and assigns, past, present and future, hereby fully and forever waives, releases,
discharges, and covenants not to sue Caltrans and its officers, employees, successors or assigns
with respect to any and all claims, demands, costs, expenses, damages, judgments, orders, and
13(,,126222-0002
1131246 7 a07l07111 -6-Attachment 4, Page 6 of 16
liabilities of whatever kind or nature, in law, equity or otherwise, including but not limited to
claims for attorneys' fees and/or costs, whether now known or unknown, vested or contingent,
suspected or unsuspected, and whether or not concealed or hidden, that are based upon or arise
out of any of the claims, causes of action or defenses asserted by the Hunt Club in the Lawsuit
(collectively, the "Released Claims").
The City, on behalf of itself and its officers, directors, employees, successors and assigns,
past, present and future, hereby fully and forever waives, releases, discharges, and covenants not
to sue Caltrans and its officers, employees, successors or assigns with respect to any and all
claims, demands, costs, expenses, damages, judgments, orders, and liabilities of whatever kind or
nature, in law, equity or otherwise, including but not limited to claims for attorneys' fees and/or
costs, whether now known or unknown, vested or contingent, suspected or unsuspected, and
whether or not concealed or hidden, that are based upon or arise out of any of the claims, causes
of action or defenses asserted by the City in the Lawsuit (collectively, the "Released Claims").
5.2 The release set forth in this Section Five is not intended to, and shall not,
extend to or otherwise release or discharge any rights, privileges, benefits, duties, obligations,
agreements, promises or repre entations of either the Hunt Club, the City or CaHrans existing by
reason of, or otherwise arising out of, this AgJ:eement. Specifically but without lim.iti.ng the
foregoing, the parties expressly acknowledge that the Released Claims exclude any claims,
demands, costs, expenses, damages, judgments, orders or liabilities relating to Caltrans'
performance of any component of the Work and any other requirement, obligation or restriction
imposed upon Caltrans under this Agreement.
5.3 The release set forth in this Section Five is not intended to be, and shall
not, constitute a general release. However, to the extent applicable to the maters released herein,
the Hunt Club and the City hereby expressly waives any and all rights, defenses and benefits lhe
Hunt Club might otherwise have under the provisions of section 1542 of th California Civil
Code, which reads in full as follows:
A general release does not extend to claims which the creditor does
not know of suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
The Hunt Club and the City expressly acknowledge that, not withstanding section 1542 of the
California Civil Code, or any other statute or rule of law of similar import, this release shall be
given full force and effect according to each and all of its express terms and provisions.
5.4 The Hunt Club, for itself, its officers, directors, employees, successors and
assigns, agrees not to challenge or oppose the implementation of the Project, or seek judicial
relief against the Project under the Lawsuit, so long as the Project is constructed in accordance
with the Project CEQA Clearance and this Agreement, and Caltrans complies with all of the
requirements . obligations and restrictions imposed on it by this Agreement and ensures the entity
responsible for implementing/constructing the Project complies with all of the requirements,
obligations and restrictions included in this Agreement. Notwithstanding the foregoing, the Hunt
1311026222-0002
II J 1146 7 a07 r07fll -7-Attachment 4, Page 7 of 16
Club does not waive its rights to receive just compensation for any property that Caltrans may
determine to acquire in order to implement the Project.
5.5 The City, for itself, its officers , councilmembers, employees, successors
and assigns, agrees not to challenge or oppose the implementation of the Project, or seek judicial
relief against the Project under the Lawsuit, so long as the Project is constructed in accordance
with the Project CEQA Clearance and this Agreement, and Caltrans complies with all of the
requirements, obligations and restrictions imposed on it by this Agreement and ensures the entity
responsible for implementing/constructing the Project complies with all of the requirements,
obligations and restrictions included in this Agreement. Notwithstanding the foregoing , the City
does not waive its rights to receive just compensation for any property that Caltrans may
determine to acquire in order to implement the Project.
Section Six: Warranties.
6.1 Each person whose signature is affixed to this Agreement in a
representative capacity represents and warrants that he or she is fully authorized to execute this
Agreement on behalf of, and to bind, the party on whose behalf his or her signature is affixed,
and that no other approvals or consents are necessary in connection therewith.
6.2 The Hunt Club, the City and Caltrans each represents and warrants that it
has carefully read this Agreement and knows and understands its contents. Each party hereto is
represented by legal counsel and has had the opportunity to consult with its counsel to fully
understand the terms of this Agreement.
6.3 The Hunt Club, the City and Caltrans each represents and warrants that it
enters into this Agreement of its own free will, and not under the influence of duress, coercion or
threat from any source.
6.4 The Hunt Club and the City warrant that they have made no assignment,
and will make no assignment, of any claim, cause of action, right of action, or any right of any
kind whatsoever that comprises or is included in any of Released Claims.
Sec ti o n Se ve n: Mi sce ll a ne ous Pro visions.
7.1 No admi ss io n o f liabili ty . It is understood and agreed that in making this
Agreement, the Hunt Club, the City and Caltrans each acknowledge that the compromise reached
herein shall not be construed as an admission of liability or an admission of the sufficiency of
any of the claims, defenses, counterclaims or allegations in the Lawsuit; rather this Agreement is
a compromise of a dispute between the Hunt Club, the City and Caltrans.
7.2 Cost s and A ttorn e ys Pees . Except as specifically provided herein , the
Hunt Club, the City and Caltrans shall each bear its own costs, expenses and attorneys' fees
related to the Lawsuit, the preparation and processing of this Agreement, and the application for
and processing of a judgment incorporating this Agreement as set forth in Section Five above.
7.3 Integr a ted Ag reement. This Agreement , and the judgment into which it
will be incorporated , constitutes a single integrated written instrument expressing the entire
131 /026222-(1002
11312467~07/07/11 -8-Attachment 4, Page 8 of 16
agreement of the Hunt Club, the City and Caltrans concerning the subject matter hereof. No
covenants, agreements, representations or warranties of any kind whatsoever have been made by
either the Hunt Club, the City or Caltrans, except as specifically set forth in this Agreement and
in the judgment into which this Agreement is incorporated. All prior and contemporaneous
discussions and negotiations with respect to the subject matter of this Agreement have been and
are merged and integrated into, and are superseded by, this Agreement and the judgment into
which it is incorporated.
7.4 Cooperation. The Hunt Club, the City and Caltrans each agree to timely
execute and deliver any and all documents and instruments necessary to effectuate the terms and
conditions of this Agreement.
7.5 Dispute.. Should any dispute arise regarding the interpretation or
performance of any of the terms of this Agreement, or whether any term or condition of this
Agreement has been breached, the aggrieved party shall provide written notice to the other party
setting forth the nature of the dispute (the "Dispute Notice"). Within thirty (30) days of the date
of the Dispute Notice, the party receiving it shall provide a written response to the aggrieved
party; and, within fifteen (15) days after the date of the written response, the Hunt Club, the City
and Caltrans shall meet and confer in good faith to resolve the dispute. No party shall tile a
motion or other pleading with the Court to enforce the terms of this Agreement or the judgment
incorporating this Agreement until the process set forth in this Paragraph 7.5 is completed.
7.6 Construction, Interpretation and Precedence. This Agreement shall be
interpreted under the laws of the State of California. The language of this Agreement sha11 be
construed as a whole, according to its fair meaning and intent, regardless of which party was
principally responsible for drafting any specific term or condition. h is acknowledged that
counsel for the Hunt Club, the City and Caltrans have all participated in the drafting of this
Agreement. The Agreement shall be deemed to have been drafted by the Hunt Club, the City
and Caltrans, and no party shall argue otherwise. In the event of a contlict between any
provision of this Agreement and any provision of the Project CEQA Clearance, the provisions of
this Agreement shall prevail.
7.7 Successors and Assigns. This Agreement shall bind and inure to the
benefit of the Hunt Club, the City and Caltrans, and their respective successor and assigns.
7.8 Headings. All headings are for convenience of reference only, and shall
be disregarded when interpreting this Agreement.
7.9 Notices. Any payment, notice, request, demand, instruction or other
communication to be given to either party under this Agreement shall be in writing and
personally delivered by reputable overnight delivery service, or sent by first class United States
mail, postage prepaid and addressed as follows:
If to the Hunt Club:
131 /026222-0002
I JJ I 246 7 •07/07111
The Hunt Club Community Association
c/o Common Interests, Inc.
355 1 Camino Mira Costa, Suite N
San Clemente, CA. 92672
-9 -Attachment 4, Page 9 of 16
With a copy to:
Ifto Caltrans:
With a copy to:
If lo the ity :
With a copy to:
Joel D. Kuperbcrg
Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Department of Transportation District 12
334 7 Michelson Drive, Ste. 100
Irvine, CA. 9261
Attn: District Director
Glenn B. Mueller
Department of Transportation
Legal Division,
4050 Taylor Street, M.S.-130
San Diego, CA 92110
City Manager
City of San Juan Capistrano
32400 Pasco Adelanto
San Juan Capistrano, CA 92675
Amy Minteer
Chatten-Brown and Carstens
2601 Ocean Park Blvd., Ste 205
Santa Monica, CA 90405
The addresses and contact persons for the purposes of this Paragraph 7.9 may be changed by
giving written notice of such change in the manner provided in this paragraph; provided that
such new address or contact person shall not become effective until first acknowledged by the
other party.
7.10 Counlerparls . This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
1311026222·0002
1131246 7 a07 i07111
[signatures on follov,.·ing page]
-10-Attachment 4, Page 10 of 16
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
as of the Execution Date, and this Agreement becomes effective as of the Effective Date.
Approved as to form:
By: ___________ _
Attorney for The City of San
Juan Capistrano
Approved as to form:
By: _____________ __
Attorney for State of California
Department Of Transportation
1311026222-0002
ll3l246.7 a07107/ll
THE CITY OF SAN JUAN CAPISTRANO
By: ______________ _
Its: _______________ _
By: _______ .__ ______ _
Its : _______________ _
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By: ______________ _
Its: __________________ _
-11-
Attachment 4, Page 11 of 16
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
as ofthe Execution Date, and this Agreement becomes effective as of the Effective Date.
Approved as to fom1:
By: ___________ _
Attorney for The HWlt Club
Community Association
.'rY T he City of San
apistrano
THE HUNT CLUB COMMUNITY
ASSOCIATION
By: ______________ _
Its: ________________ _
By : ______________ _
Its: ______________ , __ _
f' \..\£7 :5l By=----,----~~~~---
lts: __ ___:__-le-~4-1......___\~~~------
Approved as to form:
By: ___________ _
Attorney for State of California
Department Of Transportation
131/026222·0002
llll2~6.7 a0?/07/11
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By:. ________________________ ___
Its: _____________ _,...,.. __ _
-11-Attachment 4, Page 12 of 16
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
as of the Execution Date, and tp.is Agreement becomes effective as of the Effective Date.
Approved as to form:
By :. _________________ __
Attorney for The Hunt Club
Community Association
Approved as to fonn:
By : ____________ _
Attorney for The City of San
Juan Capistrano
Appro~ed ~~ to form: 1
By: { __ ,l t.-)' ~
Alromey for State of Califomi;=
Department Of Transportation
131/026222-0002
11312<16.7 a0?/07/11
THE HUNT CLUB COMMUNITY
ASSOCIATION
By : ______________ _
Its:
By: ___________ ---:---
Its: ___ -:--------------
THE CITY OF SAN JUAN CAPISTRANO
. By: _______________ _
It s : _______________ _
Dy: _______ ~-----------
Its:
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By: ~ ]-11--U
Its: D=~ n=D,·ru:ro v
-11-
Attachment 4, Page 13 of 16
m >< :I:
DJ
~
)>
' N
RlCOMM!'NDATION$ AND (OMM(NTS
1. Dt;p to. tt-.. s,~mulari'd Ql.ll'U~ 1ength on \outhbou~ Hunl
CkAl DIM:!~ ;:nt-ptoje<t tn\r..t~nce--.;!w)u!d allow !or~
1"--foot ~OLI".hbouOOiight turn pocket fo Kc.omr.l!Od.lr~L"
vt?hk~ ~t.l(klil9
2. Cahran.~ should io:st.att ~\ltd eo d~trcli:lr. sy1lem inst~ad
of loop de tenors for ~;hbQund hum Club~
ThiS W1ll a\IQid cuts'" I he re<:lesign.td H~nt Club main
C!'flli.!Jn.c.e pa~m~r;r
3. t ~11).)Uf'ld le/1 tum P'lc:ic:~l t>fl Ortpga I tighway K
O..ign<d a1 :i>e OPII<opuote longth aod ""''
.actcmmod.aJevcilfd!M e11tering Hunt Oub Dt~.
1nsa1 7S.foot •OlJlhbolnl
""" """ poclut~ ..;.h )().foot....,.;clon.
~!!:~0T~f~f.!'~'=o"e70m"'"""""'==nAJ="'FIC=<i6iJi=. =-c-==c:,..-::..,=ow=ou"'•"...:'7..,=w:'"'~"'·:;-;s,-n::-~=c:...m-:---.-=CA,.,-------
Exhibit E
Conceptual Layout With The Future lane Widening and Future Traffic Signal
(
f.ASl Of HUNT ClUe DIW< DOi'S NOT
RE~LECT CAl TRANS FVnJRt: CONDITIONS
1m ... ....., ~•yswn fo' ~
1
-------,
-H.m<OubDrive..-. I
(Conceptual Only. Not Dravvn ro Scale)
~ =~ .......... __,_ .. -···
.--------
TAAFAC SIGNAl POLE LOCATIONS
·----··· um engine~ring
group, me.
Attachment 4, Page 14 of 16
.---:-:----------
NEW
CURB
FL
-·· --··---· -------
VARIES 82.2-83.6
EXIST
CURB
NEW
CURB
FL
64 ---------------+---.,-!--WIDENING
9
NEW
PAVEMENT
AI
I
-- -
5 SHOULDER
_1_2' LANE
1 2' LANE
12 'L £FT TURN
TURN
5 I SHOULD R
80
SIDEWALK /
NOT TO SCALE
EXHIBIT 8·1
Exist
PAVEMENT
5
12
NEW
PAVEMENT
-------!
«;("
>
0 a
0:
8 /
2 __ _j
Attachment 4, Page 15 of 16
r---·-·---
1 ~w
6,2-7,6
CURB
FL
EXIST
CURB
FL
·---------------·-·------. ---
VARIES 70.2-71.6
EXIST
CURB
FL
64 WJDENJNG·--t-o~-~...,_--------------~ VARIES
ro
"
/Exis-t GARDEN WALL
NEW
PAV£f.i £NT
.. ---------------------------------____ • .!! ••• ,
IL-,-__.__, ······------,.. 7-c•~--\
---------------------------------------;-·• "'-Exist '
------.. SIDEWALK \
" ,,
" "
------------
0
0:: ww
_JQ
_J<(
<(O::
Ul-z w
0
0:: ww
....JO
_J<(
<(0:::
Ul-
z w
1
TYPICAL X-SECTION
SECTION A-A
---
---
Exi.s -t
PAVEMENT
1\1
I
1 z' LANE
---- -
1 2' LANE
1 2 I MED IA N
1 2' LANE
1 2' LANE
5 SHOUL DER
2
EXHIBIT B-2
NOT TO SCALE -·---------
' ' ' .
---!
~A
_/
I
Attachment 4, Page 16 of 16