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Home My WebLink About11/27/07 Sp. CC Reports CITY OF LAKE ELSINORE CITY COUNCIL SPECIAL MEETING AGENDA ROBERTI!. BOB MAGEE MAYOR DARYL HICKMAN MAYOR PRO TEM THOMAS BUCKLEY COUNCILMEMBER GENIE KEI LEY COUNCILMEMBER ROBERT SCHIFFNER, COUNCILMEMBER ROBERT A. BRADY CITY MANAGER WWW LAKE-ELSINORE ORG (951) 674 3124 PHONE (951) 674 2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 ************************************************************* TUESDAY, NOVEMBER 27, 2007 7 00 P M If you are attendIng this City Council MeetIng please park In the ParkIng Lot across the street from the Cultural Center This will assist us In limitIng the Impact of meetings on the Downtown BUSIness DistriCt. Thank you for your cooperatIOn' In compliance With the Americans With DISabilities Act any person With a dISability who requires a modificatIOn or accommodatIOn In order to participate In a meetIng should contact the City Clerk's Office at (951) 674-3114 ext. 261 at least 48 hours before the meetIng NotificatIOn 48 hours prIOr to a meetIng Will generally enable City staff to make reasonable arrangements to ensure accessibility (28 CFR 35102 35104 ADA Title II) CALL TO ORDER ROLL CALL PUBLIC COMMENTS - 3 MINUTES (Please read & complete a Speaker s Form at the PodIUm pnor to the start of the City Council Meetmg The Mayor WIll call on you to speak) MEMORANDUM OF UNDERSTANDING (DRAINAGE CONSTRUCTION) City Council conSideration of Memorandum of Understandmg with Ramsgate Fairfield m connectIOn With Dramage Construction ADJOURNMENT I - I CITY OF ~ LAKE 6LSiI'iO~ , I ~.-- DREAM E/TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE NOVEMBER 27, 2007 SUBJECT MEMORANDUM OF UNDERSTANDING FOR DRAINAGE IMPROVMENETS RELATED TO THE SOUTHWESTERLY SLOPES OF THE RIDGESTONE APARTMENTS Backaround As a part of the Ramsgate Specific Plan Fairfield Ramsgate L P developed the Rldgestone Apartments located adjacent to State Route 74 north of Alan Street and south of Ardenwood way The project Included construction of 352 apartment homes and vanous street Improvements As a byproduct of thiS development a drainage concern arose In the adjacent County area whereby County residents began to expenence saturated SOil conditions In their back yards Additionally as a result of the State Route 74 widening runoff water was diverted onto Alan Street Itself DIscussion Concerns regarding the drainage from the Rldgestone Apartments were reported by the County residents along Alan Street In a cooperative effort between the residents Shopoff Group Fairfield Ramsgate L P and City Staff a drainage design t'as been adopted for construction As a c1anflcatlon of each entity s roll and obligation City Staff and representatives from Fairfield Ramsgate L P have developed a Memorandum of Understanding for the proposed drainage Improvement work FlscallmDact None The drainage deSign was contnbuted by the Shopoff Group through Knstlne Zortman and the construction of these Improvements Will be performed by Fairfield Ramsgate L P With a monetary contnbutlon from Centex Homes Recommendation Direct the City Manager to execute the memorandum on behalf of the City of Lake ESlnore Drainage Improvements MOU November 27 2007 Page 2 Prepared by Ken A Seumalo .,tf Director of Public Works Approved by Robert A Bradyt?ftO; City Manager f4lV Atlachement Memorandum of Understanding MEMORANDUM OF UNDERSTANDING (DRAINAGE CONSTRUCTiON) This Memorandum of Understanding (Drainage Construction) (the MOU) is entered Into and effective as of 2007 (the Effective Date) by and between the City of Lake Elsinore a Callfomla a municipal corporation ( City) on the one hand and Fairfield Ramsgate L P a Delaware limited partnership ( Fairfield) on the other hand RECITALS A City is a municipal corporation and general law city within the County of Riverside State of California B Fairfield IS the fee owner and developer of the multi family residential project known as the Rldgestone Apartments within the Ramsgate master planned community located In City and more particularly descnbed on Exhibit A attached hereto ( Fairfield Property) C Certain nelghbonng property owners adjacent to or In proximity with the Fairfield Property ( Adjacent Properties) have complained to the City about water runoff onto the rear yards of Adjacent Properties from Fairfield Property D City deSires to assist Fairfield In alleViating thiS condition by coordinating the deSign with the adjacent land owner and by expediting review of the plans and speCifications for such remedial measures E Fairfield agrees to construct a drainage system to alter the flow of water through across Within and upon the Fairfield Property and rear yards of the Adjacent Properties The conceptual drainage system plan IS attached hereto as Exhibit B" (the Conceptual Drainage System) F The proposed Conceptual Drainage System has been tentatively approved by the City Engineer G Neither thiS MOU nor any of the statements or proVISions contained herein shall be deemed to constitute or be construed as an admiSSion of liability or the undertaking of any pre eXisting duty by Fairfield and/or the City 1 ReCitals Incorporated The above recitals are Incorporated by reference as though set forth at length herein 2 ReView of Plans and SpeCification Fairfield shall submit completed plans and speCifications to the City no later than thirty (30) days follOWing the execution of thiS MOU City shall promptly review such plans and speCification 3 Construction FollOWing approval of the plans and speCification by the City Engineer Fairfield shall promptly prOVide the labor services equipment and matenal required to construct the drainage Improvements (the Work) The Work shall be subject to the regular and customary City inspection procedures 4 Easements Prior to commencement of construction of the Work (and as a condition precedent thereto) City shall use commercially reasonable best efforts to obtain In recordable form any and all easements and drainage acceptance letters which may be reqUired for the construction and operation of the Work 5 Forebearance from Prosecution for Prior Acts Upon the successful completion of the Work City shall forebear from prosecution of any eXisting Violations of applicable local state and federal law Including Without limitation City muniCipal code ordinances the CWC and/or RWQCB or National Pollution Discharge Elimination System (NPDES) and Waste Discharge ReqUirements (WDR) regulations and permits ( Applicable Law) With respect to the flow of water and maintenance of water quality objectives through across Within or upon Fairfield Property and/or Adjacent Properties occurring prior to the completion of the Work The Parties acknowledge that thiS provIsion shall not be applicable to potential future Violations 5 No Indemnity or Release Except as provide In Section 5 the parties acknowledge that thiS MOU IS not Intended to constitute an indemnity or release With respect to any claims demands liabilities obligations responSibilities SUitS actions and causes of action arising from or relating to the eXisting drainage or the construction and operation of the Drainage System 6 No AdmiSSion ThiS MOU and compliance With thiS MOU shall not be construed as an admiSSion of liability or a Violation of any order law statute regulation or duty by Fairfield or City 7 AdVice of Counsel Each of the parties acknowledges that they have had an opportunity to be represented by counsel of their chOice In the negotiations leading up to the execution of thiS MOU and that they have read thiS MOU and have had It fully explained to them by their counselor otherwise fully understand ItS terms and the effects thereof The rule that any ambigUity In the drafting of an agreement IS construed against the drafter shall not apply to thiS MOU 8 Governlna Law ThiS MOU shall be construed Interpreted and governed by the laws of the State of California and the laws of the United States of America prevailing In California Any legal action brought under thiS MOU must be Instituted In the Superior Court of RiverSide County State of California In an appropriate court In that county or In the Federal District Court In the Central District of California 9 Counterparts ThiS MOU may be executed In any number of counterparts each of which shall constitute an Original but all of which when taken together shall constitute one and the same Instrument SDCA_356617 I Dramage Construct n MOU Between City of Lake Elsmore and Fanfield Ramsgate LP Page 2 IN WITNESS WHEREOF the parties hereto have executed this MOU to be effective as of the Effective Date Dated Robert A Brady City Manager City of Lake Elsinore Attest City Clerk Approved as to form City Attorney Fairfield Ramsgate L P a Delaware limited partnership By FF Ramsgate LLC a California limited liability company Its General Partner By FF Properties Inc a Delaware corporation ItS Manager Dated By Wayne C Laliberte Vice President SDCA_356617 \ Dramage Construct on MOU Between City of Lake EI Dore a d Fanf Id Ramsgate LP Page 3 l' I I I I I' I , I' I I, I I I: ~ I ----- " / / I r V 1- I I ------ I THIRD ST ~ t;; '" l:l .. 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