HomeMy WebLinkAboutVISTA DEL RIO HOUSING PARTNERS, L.P. (2)A-2009-214-05
TRAFFIC SIGNAL
MAINTENANCE AGREEMENT
THIS TRAFFIC SIGNAL MAINTENA
NCE AGREEMENT (herein referred to as the
"Agreement") is entered into as of this E i — day of /t J/�/1L1� 2012, by and between the
CITY OF ORANGE, a municipal corporation (herein referred to as the "ORANGE"), CITY
OF SANTA ANA, a Charter City and municipal corporation (herein referred to as the "SANTA
ANA"), and VISTA DEL RIO HOUSING PARTNERS L.P., a California limited partnership
(herein referred to as the "Property Owner").
WHEREAS, Property Owner owns real property in the City of Santa Ana, County of
Orange, State of California, described in legal descriptions and depicted as Exhibit A attached
hereto and incorporated herein by this reference (the "Site"); and
WHEREAS, it is the desire of Property Owner to obtain a modified signalized
intersection for vehicular access to the Site to and from Memory Lane/The City Drive as shown
in plat maps as Exhibit B (the "Maps") and incorporated herein by this reference; and
WHEREAS, the subject modified signalized intersection is partially located in the
jurisdiction of ORANGE and partially in the jurisdiction of SANTA ANA, and currently
maintained by ORANGE; and
WHEREAS, ORANGE has agreed to continue to maintain the traffic signals and safety
lighting at the signalized intersections for such vehicular access as shown on the Maps, subject to
the conditions listed below; and
WHEREAS, this agreement will supersede all previous applicable maintenance and
operation agreements pertaining to the traffic signal at Memory Lane/The City Drive
intersection.
NOW, THEREFORE, IT IS AGREED by and between ORANGE, SANTA ANA, and
the Property Owner as follows:
1. The Property Owner has prepared plans, specifications and estimates for the Site
improvements including traffic related plans prepared by Austin -Foust Associates, Inc. (herein
referred to as the "Plans"), which Plans have been approved by ORANGE and are on file with
ORANGE's Public Works Department. The Property Owner hereby agrees to and shall be
responsible for the construction and installation, at its sole cost and expense, of all work and
improvements, (hereinafter, the "System"), reflected on the Plans in accordance with the plan
specifications. The Property Owner shall carry out the construction of the System on the Site in
conformity with all applicable laws, including all applicable federal and state labor standards,
including, but not limited to, the payment of prevailing wages.
2. The Property Owner acknowledges and agrees that the construction of the System
constitutes a public work under applicable state law, and the Property Owner shall abide by all
laws and ORANGE policies applicable to public works projects, including, but not limited to,
competitive bidding statutes and the payment of prevailing wage rates. The Property Owner
shall cause all documents constituting the "bid package" for the System to contain all of those
provisions required by state law for public works projects, including, but not limited to, all
applicable provisions of the California Public Contracts Code, California Labor Code Sections
1776, 1777.5 and 1777.7, and shall adhere to the Greenbook standard specifications and
procedures. The Property Owner shall not release the "Notice Inviting Bids" until the complete
bid package has been reviewed and approved by ORANGE's City Engineer. The Property
Owner shall advertise for bids and open all bids in accordance with state law and shall award the
contract(s) for the System to the lowest responsible bidder(s) as required by state law. The
Property Owner shall furnish ORANGE's City Engineer with copies of all bids received. If the
Property Owner determines that the apparent lowest responsible bidder is not responsible, the
Property Owner shall communicate such determination to ORANGE's City Engineer. Any
determination to award the contract(s) to any person other than the apparent lowest responsible
bidder shall be made by ORANGE's City Engineer in accordance with state law.
3. The Property Owner covenants and agrees, on behalf of itself, its successors and
assigns, that before the issuance of use and occupancy permits, Property Owner will pay to
ORANGE an amount of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). This
payment shall be used for future maintenance, energy and operation costs for the System in
perpetuity, and represents a lump sum, present value of the System's operation and maintenance
costs. The methodology for determining the Property Owner's payment amount for such costs is
based on the number of legs of the modified intersection within each intersection. This payment
will relieve Property Owner and SANTA ANA from future maintenance, energy or operation
costs and obligations for the System.
4. The Property Owner has prepared a signing and striping modification plan for that
portion of The City Drive and Memory Lane affected by the installation and construction of the
System, which signing and striping plans reflect the signalized entries and island modifications,
and an on -site signing and striping plans for the project driveways and throats (collectively, the
"Signing and Striping Plans"). The Signing and Striping Plans have been approved by the
ORANGE Traffic Engineer and are on file with the ORANGE's Public Works Department. The
cost of all signing and striping removal, installation and modification in accordance with the
Signing and Striping Plans shall be borne by the Property Owner.
5. Upon its completion to the satisfaction of the City Engineer, the System shall be
dedicated to and become the property of ORANGE.
6. The Property Owner shall record an easement to SANTA ANA for the right of
ingress and egress (Easement) over and across that portion of the Site generally depicted on the
maps attached hereto as Exhibit B and legally described on Exhibit A attached hereto and
incorporated herein by this reference, for the purpose of maintaining, repairing and/or replacing
those. portions of the System as shall be installed upon the Site. Said Easement will be recorded
separately and a draft of the Easement is attached to this Agreement for reference purposes only...
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7. SANTA ANA agrees to permit ORANGE access to the Easement area and all
other portions of the intersection within the jurisdictional limits of SANTA ANA to perform
routine maintenance work as described below. The permitted area shall extend to include all of
the facilities comprising the System, including the signal poles, mast arms, safety lighting,
underground conduits, pull boxes and detector loops.
8. ORANGE agrees to provide routine maintenance and operation of the System,
subject to the terms and conditions of this Agreement.
9. Routine maintenance work shall include furnishing and/or contracting for
monthly preventative evaluation of equipment, repairs or replacements as required to assure
satisfactory service of the System. Installation of additional facilities is not a maintenance
function under the provisions of this Agreement,
10. Routine operational functions shall include furnishing of electrical energies,
signal timing, and other engineering studies necessary to assure satisfactory operation as defined
in the latest California Manual of Uniform Traffic Control Devices.
11. ORANGE shall indemnify, defend and hold Property Owner and SANTA ANA
harmless from any and all liability for damage to property or injury to person arising from the
maintenance and repair of the System after its dedication to ORANGE. Property Owner shall
indemnify, defend, and hold ORANGE harmless from any and all liability arising from the
ownership, operation, condition or maintenance of the Site that is unrelated to the System,
provided, however, that Property Owner shall not be required to indemnify ORANGE with
regard to any claims arising from the negligence or misconduct of ORANGE related to the
System.
12. Each and all of the covenants, conditions, restrictions, obligations and provisions
contained in this Agreement (whether affirmative or negative in nature) shall be covenants
running with the land pursuant to California Civil Code Section 1468 in that said covenants and
restrictions (i) affect the Site and each and every part thereof, (ii) benefit adjacent public lands
and each and every part thereof, (iii) shall bind each and every person having any interest in the
Site or any part thereof derived through the Property Owner, whether such interest is fee,
easement, leasehold, beneficial or otherwise and each successor and assign of such person, for
the benefit of the Site and the public lands and every part thereof, and (iv) relate to the use,
repair, maintenance and improvement of the Site and the public lands and every part thereof.
Said terms, covenants, conditions, restrictions and easements shall also be mutual equitable
servitudes upon the Site and each part thereof in favor of and appurtenant to each and every other
part thereof and the public lands, and shall bind each and every person having any interest in the
Site or any part thereof, whether such interest is fee, leasehold, beneficial or otherwise, and each
successor or assign of such person having any such interest in the Site or any part thereof.
13. In any lawsuit or other legal action taken to enforce any provision of this
Agreement on the collection of any amount due hereunder, the prevailing party shall be entitled
to recover its reasonable attorneys' fees.
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14. Invalidation of any of the covenants, conditions, restrictions, or other provisions
contained herein by judgment or court order shall in no way affect any of the other covenants,
conditions, restrictions, or provisions hereof, and the same shall remain in full force and effect.
15. Except as otherwise expressly provided in this Agreement, in every case when,
under the provisions of this Agreement, it shall be necessary or desirable for one party to serve
any notice, request, demand, report or other communication on the other party, the same shall be
in writing and shall not be effective for any purpose unless served (a) personally, (b) by
independent, reputable, overnight commercial courier, (c) by facsimile transmission (1) where
the transmitting party includes a cover sheet identifying the name, location and identity of the
transmitting party, the phone number of the transmitting device, the date and time of the
transmission, and the number of pages transmitted (including cover page), (2) where the
transmitting device or receiving device records verification of receipt and the date of receipt and
the date and time of transmission receipt and the phone number of the other device, and (3)
where the facsimile transmission is immediately followed by service of the original of the subject
item in the manner provided in subsection (a), (b) or (d) hereof, or (d) by deposit in the United
States mail, postage and fees fully prepaid, registered or certified mail, with return receipt
requested, addressed as follows:
If to the ORANGE: City of Orange
300 East Chapman Avenue
Orange, California 92866
Attn: Director of Public Works
714-744-5545
If to SANTA ANA: City of Santa Ana
20 Civic Center Plaza
City Hall Ross Annex — 4tn Floor
Santa Ana, CA 92702
Attn: Executive Director, Public Works Agency
If to Property Owner: Vista Del Rio Housing Partners, LP
c/o A Community of Friends
3701 Wilshire Blvd. #700
Los Angeles, CA 90010
Telephone: (213) 480-0809
Fax: (213) 480-4189
Attn: Chief Executive Officer
Email: dgallo@acof.org
With copies to: Foundation for Affordable Housing V, Inc.
30950 Rancho Viejo Road, Suite 100
San Juan Capistrano, California 92675
Attention: Deborrah Willard
Telephone: (949) 443-9101
Fax: (949)443-9133
Email: deb@ffah.org
Such written notices, demands and communications may be sent in the same manner to such
other addresses as either party may from time to time designate by mail as provided in this
paragraph tS.
lb. This written Agreement and the Exhibits hereto contain all the representations and
the entire agreement between the Parties with respect to the subject matter hereof Any prior
correspondence, memoranda or agreements are superseded in total by this Agreement and the
Exhibits hereto. The provisions of this Agreement shall be construed as a whole according to their
common meaning and not strictly for or against any party.
17. Each Exhibit mentioned in this document is incorporated herein by this reference.
18. This Agreement may be amended only by the mutual consent of SANTA ANA,
ORANGE and VISTA DEL RIO. Any amendment permitted hereunder shall be by written
instrument duly executed under notary by the parties described above and recorded in the Office
of the Orange County Recorder.
19, The Parties may execute this document in two or more cormterparts which shall,
in the aggregate, be executed by all the Parties; each counterpart shall be deemed an original
instrument as against any party who has executed it.
[Remainder of page intentionally left blank, signatures on next page)
C
IN WITNESS WHEREOF, ORANGE, SANTA ANA and the Property Owner have
executed this Agreement as of the date first set forth above.
Cff
AT EST:
Mary F�
Ci Clerk
APPROVED AS TO FORM:
��► �, Ate_
K01 17.1 ["
"SANTA ANA"
CITY OF SANTA ANA, a Charter City and
municipal corporation
By:
NPaul Walters, Interim City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Lisa E. Storck
Assistant City Attorney
"PROPERTY OWNER"
Vista del Rio Housing Partners, L.P.
a California limited partnership
By: A Community of Friends. a California
nonprofit public benefit corporation, its
Managing General Partner
By: ex// , -/t CA
Dora Len Gallo, Chief Executive
Officer
Le of California
mty of Orange / /f
bef re me, , elcle- .� • �/,q�/ a Notary Public,
sonally appeared dX z'o �+ �r//F who proved to
on the basis of satisfactory evidenc to be the personxwhose name(.a)'is/ subscribed to the within
rument and acknowledged to me that-he/she/they executed the same in 4ris/her/their authorized
acity(jK, and that by-his/her/gieir signaturex on the instrument the personf , or the entity upon
alf of which the person acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
aragraph is true and correct.
JITNESS hand and official seal.
ignature J Li
MICHELE E. DAY
COMM. # 1936993
Z NOTARY PUBLIC -CALFORNIA3
ORANGE COUNTY
MY Comm. Expires June 14, 2015
(Seal)
ACKNOWLEDGMENT
State of California
County of Orange
A*,t C17 �j oj�before me, A C:c I F • "y a Notary Public,
3onally appeared
i9.Ca y.J gdCCC �
who proved to me on
basis of satisfactory evidence to be the perso!(Wwhose nameWlislam-subscribed to the
hin instrument and acknowledged to me that--lie/she/they executed the same in bis/her/their
iorized capacity je , and that by N:As er/ signatureWon the instrument the person( , or
entity upon behalf of which the person acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
regoing paragraph is true and correct.
WITNESS my hand and official seal
Signature )&�L6•
MICHELE E. DAY
COMM. # 193,1993 z
Z ' ® NOTARY PUBLIC - CALIFORMA
ORANGE COUNTY
My Comm. Expires June 14, 2015
(Seal)
EASEMENT DEED
FOR
STREET AND PUBLIC UTLITY
AND
TRAFFIC CONTROL DEVICES
AT
DRIVEWAY SOUTH LEG OF THE CITY DRIVE SOUTH OF MEMORY LANE
[Attached beneath this sheet]
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When recorded, please mail this
Instrument to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
The City of Santa Ana per
Government Code Section 6103.
SPACE ABOVE THIS LINE FOR RECORDERS USE
Cancal
Approved AS TO
Approved By
Description
Descrption
A.P. Number
RAN Map Number
Project
Trams
Form BY Ady.
Director
written BY
Checked-O,K
Number
P.J.S.
A.C.
101-055-27
NW 251
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Vista Del Rio Housing Partners, L.P., a California Limited Partnership
III
Deed No. 8408
Does Hereby Grant to THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of
California, the real property in the City of Santa Ana, County of Orange, State of California,
described as follows:
An easement for traffic signal and traffic loop purposes as described in Exhibit "A"
attached hereto and by this reference made a part hereof, and as shown
on Exhibit "B" attached hereto and by this reference made a part hereof.
Dated
SATE OF CALIFORNIA
COUNTY OF
On
personally appeared
For: Vista Del Rio Housing Partners, L.P., a California Limited Partnership
1
}SS.
before me,
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within Instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(les), and that by hls/her/their signature(s) on the
instrument the person(s) or entity upon which the persons) acted,
executed the instrument.
Print Name
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(This area for official notarial seal)
Q6
EXHIBIT "A"
LEGAL DESCRIPTION FOR TRAFFIC SIGNAL AND TRAFFIC SIGNAL LOOP EASEMENT
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A
PORTION OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10
WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS DESCRIBED IN A DEED TO THE
NEWBERT PROTECTION DISTRICT, RECORDED OCTOBER 16, 1919 IN BOOK 339 PAGE 382
OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF LOT 38 OF TRACT NO.2887
AS SHOWN ON A MAP FILED IN BOOK 117, PAGES 28 THROUGH 30, INCLUSIVE, OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, BEING ALSO THE WESTERLY
CORNER OF THAT CERTAIN STRIP OF LAND DEEDED TO THE CITY OF SANTA ANA ON
MAY 14, 2002 BY INSTRUMENT NO.20020400664 OF OFFICIAL RECORDS OF SAID COUNTY,
THE SOUTHERLY LINE OF SAID STRIP BEING A TANGENT CURVE, CONCAVE SOUTHERLY
AND HAVING A RADIUS OF 867.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07° 0 V 04", AN ARC LENGTH OF 106.19 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 030 22' 44", AN ARC LENGTH OF 5 1. 13 FEET TO
THE END OF SAID CURVE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF SAID
STRIP, SOUTH 69° 55' 32" EAST A DISTANCE OF 48.61 FEET; THENCE DEPARTING THE
SOUTHERLY LINE OF SAID STRIP, SOUTH 62° 04' 28" WEST A DISTANCE OF 24,14 FEET;
THENCE NORTH 750 55' 32" WEST A DISTANCE OF 6.00 FEET; THENCE SOUTH 14' 04' 28"
WEST A DISTANCE OF 27.84 FEET; THENCE NORTH 75° 55' 32' WEST A DISTANCE OF 28.00
FEET; THENCE NORTH 14' 04' 28' EAST A DISTANCE OF 42.41 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 860.00 FEET, SAID
CURVE BEING CONCENTRIC TO AND 7.00 FEET DISTANT FROM SAID SOUTHERLY LINE OF
SAID STRIP OF LAND; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 01 ° 37' 46", AN ARC LENGTH OF 24.46 FEET TO THE END
OF CURVE, SAID END OF CURVE HAVING A RADIAL BEARING OF NORTH 180 15' 12" EAST;
THENCE ALONG A LINE NON -TANGENT TO SAID CURVE BEARING NORTH 840 52' 51"
WEST A DISTANCE OF 14.00 FEET; THENCE NORTH 260 58' 15" WEST A DISTANCE OF 14.00
FEET TO THE TRUE POINT OF BEGINNING,
The area of the described land consisting of 0.045 acres (1951 square feet) more or less.
Subject to covenants, conditions, restrictions and other rights of record.
As shown on Exhibit `B" attached hereto and by this reference made a part hereof.
Prepared by: Patrick Savage PLS 5183 - expires 6/30/2013 . SHEET 1 OF 1
10
EXHIBIT "B" SHEET 1 of 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR
TRAFFIC SIGNAL AND TRAFFIC SIGNAL LOOP EASEMENT
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PATRICK J.
SAVAGE Favreau • Savage, Incorporated
Exp. 06/30/13 Land Surveying
* N0. 30 * 340 Old Newport Blvd. • Suite 3 • Newport Beach, Californla 92663
0. 0 (949) 675-8030 9 (949) 675-1823
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PATRICK SAVAGE, PLS 5183 DATE
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