03-0107_ST. PIERRE, PAUL AND NANCY_Agenda Report_D106/18/2013
010
City of San Juan Capistrano
Agen eport
TO:
FROM: James ~. , terim Public Works Director
Prepar d by· Nisha A Patel, P.E., Senior Civil Engineer vtf
DATE:
SUBJECT: Consideration of Acceptance of St. Pierre Storm Drain Improvements (CIP
13501)
RECOMMENDATION:
By motion,
1. Accept the St. Pierre Storm Drain Improvements constructed in the City of San
Juan Capistrano Storm Drain Easement located at 31982 Paseo Sagrado; Lot
21, Tract 11826; and,
2. Authorize staff to reimburse $35,000, to the St. Pierre Family Trust per the
Reimbursement Agreement for Drainage Facilities (CIP 13501 ).
EXECUTIVE SUMMARY:
Staff is recommending accepting the St. Pierre Storm Drain Improvements, which
corrected the drainage situation that existed between Hidden Mountain (Tract 11826)
and Los Corrales (Tract 9343), and reimburse Mr. and Mrs. Paul St. Pierre $35,000 per
the Reimbursement Agreement for Drainage Facilities between the City and the St.
Pierre Family Trust dated January 7, 2003 (Attachment 1).
DISCUSSION/ANALYSIS:
Los Corrales (Tract 9373) was constructed in 1977. One of the project's public
improvements was a 54-inch diameter public storm drain which collects run-off from
east of Paseo Establo.
Hidden Mountain (Tract 11826) was constructed in 1986. One of the project's public
improvements was a 24-inch diameter public storm drain which collects run-off from the
Hidden Mountain Development and runs into an easement across the St. Pierre's
property, 31982 Paseo Sagrado, and discharges across an access road to the 54-inch
diameter public storm drain inlet in the Los Corrales tract.
City Council Agenda Report
June 18, 2013
Page 2 of 3
In 2002, Mr. St. Pierre brought the problem of runoff water flowing across the access
road into the 54-inch drainage inlet to the City's attention. A City project to address this
situation was included in the Fiscal Years 2000-2007 seven-year Capital Improvement
Program, but was subsequently deleted from the program in 2001 due to lack of funding
and developer participation.
In 2003, Mr. and Mrs. St. Pierre agreed to fund the design and construction of this
drainage project in the amount of $35,000 subject to a Reimbursement Agreement. The
terms of the agreement were to reimburse the St. Pierre's costs ten years after
completion.
City project records show the drainage improvements were completed in 2003 and
bonds were released pertaining to the permits. However, there are no records indicating
the City has accepted these improvements. Staff has recently verified the improvements
were constructed and attached photographs of the improvements (Attachment 2).
Staff is recommending acceptance of the improvements, and requesting authorization to
reimburse $35,000 to the St. Pierre Family Trust pursuant to the Reimbursement
Agreement.
FISCAL IMPACT:
The Fiscal Year 2012-2013 Capital Improvement Program includes $35,000 for the St.
Pierre Storm Drain Reimbursement Agreement (CIP 13501 ).
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On January 7, 2003, the City Council approved a Reimbursement Agreement for
Hidden Hills/ Los Corrales Drainage Facility between the City, and Mr. and Mrs.
Paul St. Pierre.
• On July 15, 2003, the City Council approved a Drainage Acceptance and Storm
Drain Access Agreement; Paul St. Pierre (Lot 21, Tract 11826; 31982 Paseo
Sagrado).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
City Council Agenda Report
June 18, 2013
Page 3 of 3
NOTIFICATION:
Mr. and Mrs. Paul St. Pierre
Hidden Mountain Estates Homeowners Association c/o Darren Mundell, Keystone
Pacific Property Management
ATTACHMENT(S):
Attachment 1-Reimbursement Agreement
Attachment 2-Photos of Drainage Improvements
Enclosure 1 -St. Pierre Grading Plan
•
REIMBURSEMENT AGREEMENT
DRAINAGE FACILITIE;§
THISAGREEMENT,datedthe ]~ dayof ~2003lsbyand
between Paul R. St. Pierre and Nancy E. St. Pierre, as co-trUSteeSUDTOl the St. Pierre
Family Trust dated March 31, 1999, owners of property located at 31982 Paseo Sagrado
also know as Lot 21. of Tract 11826 hereinafter referred to as "DEVELOPER" and the City
of San Juan Capistrano, hereinafter referred to as "CITY".
WHEREAS, in connection with development of its property at 31982 Paseo Sagrado
in the City of San Juan Capistrano, DEVELOPER wishes to construct public storm drain
improvements; and,
WHEREAS, such improvements shall consist of extending existing 24" dia Storm
Drain Line A from Its terminal headwall at Sta 1 + 7 4.06 shown on "Storm Drain Plans for
Tract No. 11826", Sheet No. 10 of 11 within the 20 feet wide City storm drain easement
dedicated on Tract Map No. 11826. Such storm drain extension shall terminate in a new
headwall within the existing inlet rip-rap to existing 54" dia Storm Drain Line A shown on
"Improvement Plans for Tract No. 9373, Drain Line A", Sheet No. 18 of 18. All plans are
on record In the Engineering and Building Department of CITY.
WHEREAS, CITY has previously bUdgeted such improvements in the 2000-2007
Capital Improvement Program; and,
WHEREAS, such improvements were removed from the Capital Improvement
Program in 2001 due to lack of funding, as well as anticipated developer participation; and,
WHEREAS, such funding is still not availabte and such developer participation is not
now anticipated; and
WHEREAS. DEVELOPER ~grees to design at its sole cost and expense of an
estimated amount of $7,50.0 and construct at its sole cost and expense of an estimated
amount of $27,500, a total of $35,000 a storm drain system; and
WHEREAS, DEVELOPER desires to enter into this agreement to provide means
for allowing the construction of such storm drain system and related appurtenances and
to provide a mechanism for crediting the DEVELOPER, for the reimbursable costs incurred
in constructing such facilities against available drainage funds collected for Drainage
Assessments; and
WHEREAS, the proposed storm drain system provides a benefit to the CITY, the
CITY is, therefore, willing to reimburse the costs for areas of benefit to CITY.
ATTACHMENT I
-I
• •
Reimbursement Aareement Paae2
NOW, THEREFORE, in consideration of the premises hereinafter set forth, CITY
agrees to reimburse DEVELOPER an aforesaid sum of $35,000 from drainage fees
collected from Drainage Assessment under the following terms and conditions:
1. :r erm of Reimbursement b}! the Citv:
Upon expiration of the ten (10) year term from the date of completion and
acceptance of the work, CITY shall reimburse to DEVELOPER $35,000.
2. Alterations:
The City Engineer of the CITY may make such changes, alterations or additions to
the plans and specifications for said work and Improvements which do not exceed
ten percent ( 1 0%) of the total estimated cost as may be determined necessary and
desirable by him for the proper completion of said work and improvement or as
required for the safety and welfare of the public and no such changes, alterations
or additions shall relieve the DEVELOPER from the faithful performance of this
agreement. All such additions shall be at the written direction of the City Engineer.
3. Completion Date:
DEVELOPER agrees to complete aU of said work and improvements within a period
of one year from the execution date of this agreement. If additional time is needed,
an extension may be granted by the City Engineer on the showing of good cause.
Any such extension shall, however, be subject to an ofthe terms and conditions of
this agreement, and any surety or other security shall continue in full force until the
work and improvement has been accepted by the CITY.
4. Liability/Insurance
A. DEVELOPER agrees to pay CITY such sum as the court may adjudge as
reasonable for the legal services of any attorney represenUng the CITY in
any action brought to enforce or interpret the obligations of this instrument,
and such sum shall be made a part of any judgment in such action against
the DEVELOPER if such action is determined in favor of the said CITY.
B. CITY, its officers and employees, except for their own acts, shall not be liable
or responsible for any accident, loss or damage happening or occurring to
the improvements specified in this agreement prior to the completion and
acceptance of said improvements by the CITY.
C. DEVELOPER shall perform all work in a safe, workmanlike manner and shall
take such precautions as may be necessary to warn and protect the public
from any dangerous condition caused by the construction of said
improvements.
,., ... • •
Reimbursement Agreement Page3
D. DEVELOPER shall hold CITY, its officers and employees harmless from any
and all claims, demands, causes of action, liability or Joss of any sort
because of, or arising out of, the acts or omissions of the DEVELOPER, his
contractor, subcontractors, agents or employees in the performance of this
agreement.
E. DEVELOPER agrees to maintain liability insurance during the construction
of the storm drain system in the following amounts:
I. Cgmorehensive General Liability. DEVELOPER shall maintain in full
force and effect comprehensive general liability coverage, including
premises operations. products/completed operations, broad form
property· damage, and blanket contractual liability in the following
minimum amounts:
$1 ,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/ not
limited to contractual period;
$1,000,000 injury to more than one person/ any one
occurrence/ not limited to contractual period.
II Worker's ComQensatiQQ. If DEVELOPER employs employees or
subcontractors to perform services under this agreement,
DEVELOPER shall obtain and maintain, during the life of this
agreement, Worker's Compensation Employer's liability Insurance in
the statutory amount as required by state law.
These above stated policies shall not terminate, nor shall they be cancelled,
nor the coverage reduced, until after 30 days written notice is given to the
CITY.
DEVELOPER shall provide an endorsement to CITY establishing that CITY
has been legally added as an additional insured to the liability policy required
under this agreement.
5. Surety Bonds
The DEVELOPER shall post Labor and Material and Performance surety
bonds each in an amount equal to CITY approved Engineer's construction
estimate prior to commencement of any construction work or issuance of
permits on standard form approved by the City Attorney to insure all of the
DEVELOPER's obligations as noted in this agreement.
,. . . . •
Reimbursement Agreement Page4
6. Guarantee aod Warranty of Work
DEVELOPER guarantees that said work shall be free from defects in
material or workmanship and shall perform satisfactorily for a period. of one
year from and after the CITY's acceptance of the work as completed in
accordance with the Municipal Code. DEVELOPER agrees to correct, repair
or replace at his expense any defects in said work.
7. Force Majeure
None of the parties hereto shall be deemed to be in default if performance
of the obligations required by this agreement is delayed or becomes
impossible because of any act of God, earthquake, fire, strike, sickness,
accident, civil commotion, epidemic, act of government, its agencies or
officers, or any legitimate cause beyond the control of the parties.
8. Notices
All notices, requests, demands, consents and other communications under
this agreement shall be in writing, including telex and facsimile transmission,
and shall be deemed to have been duly given on the date of service if served
personally, be telex, or facsimile transmission, or 48 hours after mailing if
mailed by first-class mail, registered or certified, postage prepaid, return
receipt requested, and properly addressed as follows:
To: Mr. Paul R. St. Pierre and Nancy E. St. Pierre
31982 Paseo Sagrado
San Juan Capistrano, CA 92675
To: City of San Juan Capistrano
Attention: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
9. Assignment
This agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective representatives, assigns and successors in
interest.
10. L;otire Agreement
This agreement contains the entire agreement ~tween the parties hereto
and supersedes any prior or concurrent written or oral agreement between
said parties concerning the subject matter cOntained herein. There are no
representations, agreements, arrangements or undertakings, oral or written,
between or among the parties hereto relating to the subject matter contained
in this agreement, which have not been fully expressed herein.
Reimbursement Agreement Page5
1N WITNESS THEREOF, the parties hereto have executed this agreement on the
date first above written.
ATTEST:
1-t{-03
DATE:
AS TO FORM:
JOHN ~TTORNEY
DATE:
DEVEL ER
RRE CO-RUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31, 1999
DATE:
.·
NANCY T. PIERRE CO-TRUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31,1999
DATE:
1-( -0 3
DATE:
ATTACHMENT 2
A-A S£CDBfi C C HOI(: WAtlSI'(R.S(P.\Ro\l'[
$l.o9YlUlAAOP£RtMf
GEO-FIR~
&QIGlEHNE"I'RrST. ....... ,
I.AGIJHA HillS. CA 92651 (049)494-2122
CC.WTACT: HfWNCS RICHTHl
--
PAUl a: NANCY ST.PIERRE 31~2 PASEO SAGRADO SAN JJAN CAPISTRANO,
2J4 00
~~cues (PRI~~rcJ
(!) caosmuct •· ORAJH4(;( PIPf (SOR »J Q) CONSTRUCT 5" DRNHACC PlK (!.OR .35)
@
(i)
@
@
Ql
{!) CONSJRtJCT 6" II'OU CVfle • GVTJ£R.
;
-
@ CONSrRUCT 24"~24" CATCH BASil W/ GRAT[ FOR OI('Rft.OW CJRAINAC£.
@ CONSTRUCT COHH(CTIQN or NO' 8" PIP! TO [XIST 24" SfOfn.l OR~ PER APW-4 STD
{j) AD.AJST EXIST. SCII£H I.IAHHc:t.C TO AN £L£VATIOH I' o\80~ PROPOSCD CR.4D£.
(CNCROACHIIENT PCRWtt Rf:~J
@ COHSmt.k:'T NCW 6' S('M{"R lAJ'DlAL PfR CITY Of S..C $rtl S-J (£HCROACHilCNT PfRMT R'f~D). ~~,;,~~~~NO:JHS.:~Af!ON AJH 2:...u£rr.rt:Pflf-·CAPI'SYJI'MOW..W.CY
/
ENCLOSURE 1