03-0107_ST. PIERRE, PAUL AND NANCY_Agenda Report_D13 1/7/2003
D13
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Reimbursement Agreement for Hidden Mountain/Los
Corrales Drainage Facility (St. Pierre)
RECOMMENDATION
By motion, approve the Reimbursement Agreement for Hidden Mountain/Los Corrales
Drainage Facility between the City and Paul and Nancy St. Pierre.
SITUATION
A. Summary and Recommendation
Staff is recommending approval of a Reimbursement Agreement with Paul and
Nancy St. Pierre to correct a drainage situation which exists between Tract 11826
Hidden Mountain and Tract 9373 Los Corrales.
B. Background
Los Corrales Tract 9373 was constructed around 1977. One of the project's public
improvements was a 54-inch diameter public storm drain which collects run-off from
the east of Paseo Establo
Hidden Mountain Tract 11826 was constructed around 1986. One of the projects
public improvements was a 24-inch diameter public storm drain which collects run-off
from the Hidden Mountain development and runs in easement across the St. Pierre
property 31982 Paseo Sagrado and discharges across an access road to the 54-inch
diameter public storm drain in Los Corrales.
By letter dated September 28, 2002, Mr. St. Pierre brought the problems of water
flowing across this road to the City's attention.
A City project to address this situation has been part of the 2000-2007 Capital
Improvement Program. It was deleted from the program in 2001 due to lack of
funding and anticipated developer participation. The lack of City funding for this
:project still exists and the developer participation is not now anticipated.
Mr. and Mrs. St. Pierre have agreed to fund design and construction of this drainage
project subject-to a reimbursement agreement. The terms of the agreement are for
construction within one year and for the City to reimburse the St. Pierre costs ten
years after its completion.
Agenda Item January 7, 2003
Page 2
Staff is recommending approval of this Reimbursement Agreement as a method of
implementing this City drainage improvement.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The engineer's estimate for design and construction is $35,000. The City's obligation is to
reimburse this cost ten years after completion of construction.The drainage fund will be the
funding source.
NOTIFICATION
The following parties received notifications of this Council Agenda item.
Mr. & Mrs. St. Pierre*
Eric H. Nelson
Ronald W. Dye
Jim R. Allen
Thomas Wayne McDonald
Gary S. Johnson
Bonnie Jean Lynn
John R. Benson
Edward J. Both
Gareth C. Nitchman
* Agenda report is included.
ALTERNATIVE ACTIONS
1. By motion, approve the Reimbursement Agreement for Drainage Facilities between
the City and Paul and Nancy St. Pierre.
2. Do not approve the Reimbursement Agreement.
3. Request additional information from Staff.
Agenda Item January 7, 2003
Page 3
RECOMMENDATION;
By motion,approve the Reimbursement Agreement for Drainage Facilities between the City
and Paul and Nancy St. Pierre.
Respectfully submitted: Prepared by:
w'
..u'A' . � y'°•a 4A
William M. Huber, P.E. Brian Perry, P.E.
Director, Engineering and Building Project Manager
WMH/BP:sam
Attachments: 1. Location Map
2. Reimbursement Agreement
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REIMBURSEMENT AGREEMENT
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ATTACHMENT 1
REIMBURSEMENT AGREEMENT
DRAINAGE FACILITIES
THIS AGREEMENT,dated the day of 2003 is by and
between Paul R. St. Pierre and Nancy E. St. Pierre, as co-trustees UDT of 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+74.06 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 available and such developer participation is not
now anticipated; and
WHEREAS, DEVELOPER agrees to design at its sole cost and expense of an
estimated amount of $7,500 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,forthe 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 2
Reimbursement Agreement Page 2
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. Term of Reimbursement by the City:
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(10%)of the total estimated cost as may be determined necessaryand
desirable by him for the proper completion of said work and improvement oras
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 all 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 showingof good cause.
Any such extension shall, however, be subject to all of the terms and conditions of
this agreement, and any suretyor other security shall continue in full force
Y 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 ad'ud a as
reasonable for the legal services of any attorney representing 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 Page 3
D. DEVELOPER shall hold CITY, its officers and employees harmless from any
and all claims, demands, causes of action, liability or loss 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. Comprehensive General Liabilitx. 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 Compensation. 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 ensure all of the
DEVELOPER's obligations as noted in this agreement.
Reimbursement Agreement Page 4
6. Guarantee and 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 Ma'eure
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 thep arties.
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. Entire Agreement
This agreement contains the entire agreement between 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 oramong the parties hereto relating to the subject matter contained
in this agreement, which have not been fully expressed herein.
Reimbursement Agreement Pa e 5
IN WITNESS THEREOF, the parties hereto have executed this agreement on the
date first above written.
DEVEL ER
PAUL R. ST. RRE CO"-TRUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31, 1999
DATE:
NANCY T. PIERRE CO-TRUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31, 1999
DATE:
ATTEST: CITY OF SAN JUAN CAPISTRANO
MARGARET R. MONAHAN, CITY CLERK JOHN S. GELFF, MAYOR
DATE: DATE:
AS TO FORM:
JOHN R. AW, CITY ATTORNEY
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DATE: