HomeMy WebLinkAboutRANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (6) - 2008INSURANCE NOi REQUIR€D
WORK MAY PROCEED
CLERK OF COUNCIL
N-2008-156
DATE: 12-2-06
~ ~W AGREEMENT FOR THE PAYMENT OF PUBLIC IMPROVEMENTS
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THIS AGREEMENT, made and entered into this~"Z~~day ofG'~C~ P 2008 by and between the CITY
OF SANTA ANA, a municipal corporation of the State of California ("City') and Rancho Santiago
Community College District, ("District").
RECITALS:
A. The District proposes to construct the Santa Ana College improvements on property located generally
at 1530 West 17'h Street in the City of Santa Ana (the "Development").
B. As a condition to the Development, the District is required by the City to install a new public water
main in Bristol Street ("Water Main"). The City and the District wish the City to perform the installation
of the W ater Main on behalf of the District, at the District's cost.
C. As mitigation measures of the Development, the District is required by the City to contribute afair-
share portion ("Required Contributions") of the cost of the installation of certain public improvements:
(1) A traffic signal at the intersection of Pacific Avenue and Civic Center Drive.
(2) A de facto westbound right-turn lane or converting the existing northbound right-turn lane into
a shared through/right turn lane at the intersection of Bristol and Civic Center Drive.
D. The District, by execution of this Agreement, desires to provide assurances to the City that the
Required Contributions and cost of the Water Main will be paid to the City in a timely manner.
WHEREFORE, in consideration of the foregoing, the parties hereby agree as follows:
City shall complete the design and construction of the Water Main, generally described as
approximately 470 lineal feet of 12" PVC water pipe and a 12" gate valve, at District's sole cost and
expense.
The estimated cost of the Water Main is $106,500, including design engineering, construction,
construction administration, and contingencies. The District shall deposit tiie sum of $106,500 to the
City within sixty (60) days of this Agreement.
If the actual costs of the Water Main are greater than $106,500, District shall pay the City the
difference between $106,50D and the actual cost of the Water Main within sixty (60) days of receiving
notice of the additional costs from the City.
2. The District shall notify the City within thirty (30) days of the student enrollment at Santa Ana College
reaches or exceeds 20,750 students or by June 30, 2018 whichever comes first.
A. After receiving notification from the District, the City shall prepare an estimated cost, including
design engineering, construction, construction administration, and contingencies for both of the
following:
(1) The total cost of installing a traffic signal at the intersection of Pacific Avenue and Civic
Center Drive.
(2) A de facto westbound right-turn lane or converting the existing northbound right-turn lane into
a shared throughlright turn lane at the intersection of Bristol and Civic Center Drive.
(2) A de facto westbound right-turn lane or converting the existing northbound right-turn lane into
a shared through/right turn lane at the intersection of Bristol and Civic Center Drive.
B. Within sixty (60) days of receipt of the estimated costs for 2. A. (1) and (2) the District shall pay
the City both of the following:
(1)
A cash deposit equal to a fair-share contribution (1.6 percent) of the total cost of
installing a traffic signal at the intersection of Pacific Avenue and Civic Center Drive in the
amount set forth in the estimated cost prepared by the City (Section 2.A.(1)).
(2)
A cash deposit equal to a fair-share contribution (8.4 percent) of the total cost of adding a
de facto westbound right-turn iane or converting the existing northbound right-turn lane
into a shared through/right turn lane at the intersection of Bristol and Civic Center Drive in
the amount set forth in the estimated cost prepared by the City (Section 2.B.(1)).
3. NOTICE
All notices pertaining to this AGREEMENT and all communications from the parties may be made by
delivery and said notices or communications in person or through the U.S. Maii, first class, certified,
return receipt requested and addressed as follows:
To DISTRiCT:
To CITY:
Rancho Santiago Community College District
2323 N. Broadway
Santa Ana, CA 92706-1640
Attn: Vice Chancellor
Business Operations/Fiscal Services
City of Santa Ana Public Works Department
20 Civic Center Plaza M-21
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Engineer
Written notice is effective five days after mailing to the most current address provided by the parties.
Faiiure by either party to notify the other of a change in mailing address shall not invalidate service by
mail to the most current address provided by that party. Personal service of notice is effective upon
delivery.
4. Nothing herein shall be construed to be a limitation on other requirements which may be imposed by
the City on the District as conditions to the issuance of building permits or certificates of occupancy
for the Development, or to the recordation of a parcel map for the Development, including, but not
limited to, conditions which pertain to the installation of public improvements other than and in
addition to the Required Contributions which are the subject of this Agreement.
5. If any term, covenant, condition or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired or invalidated thereby.
6. This Agreement has been executed and delivered in the State of California and the validity,
enforceability and interpretation of any of the clauses of this Agreement shall be determined and
governed by the laws of the State of California. All duties and obligation of the parties created
hereunder are to be performed in Orange County, which shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
7. This agreement may not be modified or amended except in writing signed by the District and City.
DO-08-033
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year last
written below,
APPROVED AS TO FORM:
JOSEPH W FLETCHER
City Attorney
CITY OF SANTA ANA
A municipal corporation of the State of California
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By' Kylee 0, tto
Assistant CilY Attorney
Date:
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RANCHO SANTIAGO COMMUNITY COLLEGE
DISTRICT
A political subdivision of the State of California
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Peter J,' Hardash Chancellor
Business Operations/Fiscal Services
Date:
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DO-08-033