03-0107_ST.PIERRE, PAUL AND NANCY_Reimbursement AgreementREIMBURSEMENT AGREEMENT
DRAINAGE FACILITIES
THIS AGREEMENT, dated the day of OC>^VU)aJui2003 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.
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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, alteration additiohs 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 necessary and
desirable by him for the proper completion of said work and improvement or as
required forthe 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 showing of good cause.
Any such extension shall, however, be subject to all of the 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: " DEVELGPERT'agreesTonp^y'ClTY such'sum as the co^^
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, exceptfortheir 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.
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Reimbursement Agreement Page 3
E.
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.
DEVELOPER agrees to maintain liability insurance during the construction
of the storm drain system in the following amounts:
I. Comprehensive General Liability. DEVELOPER shall maintain in full
^-Icyiae^eM^'tt.eet^ Jncluding
premises operations, products/completed operationsTTbroad Torhi"
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 policie^^hall not terminate, nor shall they be cancelled,
nor the cbverageYeduced, until after"30 days written notice is given to'the^
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.
Suretv 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.
CITY.
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 OITY'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_ofilm4?-aLrtije.sJhs^ p^onmance
of the obligations required by this agreement is delayed" of T5ecortjeF
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, OA 92675
To: City of San Juan Capistrano
" Attention: City CleflT"
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 or among the parties hereto relating to the subject matter contained
in this agreement, which have not been fully expressed herein.
Reimbursement Agreement Page 5
,v^I!f^^l/?^^' "^"'^^ "^^^^ «x«'="ted this agreement on the date first above written.
DEVELOPER
PAUL R. ST. PIERRE COTRUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31, 1999
DATE:
ATTEST:
MA/^^ARET R. MONAHAN, CITY CLERK
DATE:
NANCY E^T. PIERRE CO-TRUSTEE
ST. PIERRE FAMILY TRUST
DATED MARCH 31, 1999
DATE:
CITY QE,S
DATE:
AS TO FORM:
JOHN R. SHAW, CITY ATTORNEY
DATE: