1993-0706_CAPITAL & COUNTIES USA_G4a_Agenda Report 1
AGENDA ITEM July 6, 1993
TO: George S. Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: License Agreement for the Placement of Playground and Related
Equipment in Horno Creek (Marbella Plaza Partners/Wonderyears
Preschool - 31103-31113 Rancho Viejo Road/CUP 93-01)
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Marbella Plaza Partners, and the City, and authorize the City Clerk to forward
the Agreement to the Orange County Recorder for Recordation.
SITUATION
A. Summary and Recommendation
Marbella Plaza Partners, owners of property located in the Marbella Plaza, at 31103-
31113 Rancho Viejo Road, have obtained the approval of the Planning Commission of the
City of San Juan Capistrano at their June 8, 1993 meeting, for a Use Permit to allow a
day care/preschool operation in building F of the Plaza at 31111 Rancho Viejo Road on
their property. In conjunction with this approval, the owners have requested that they be
allowed to place play equipment and fencing in the 100-year flood plain and City
drainage easement of Horno Creek adjacent to building F.
Staff concurs that it is acceptable that this placement of play equipment and fence
installation be permitted in accordance with the attached License Agreement. The
License Agreement includes an indemnification and release section and certain
conditions as imposed by the Planning Commission and staff.
B. Background
The Applicants have obtained Planning Commission approval for allowing a day
care/preschool operation at the Marbella Plaza which is located between Rancho Viejo
Road and the 1-5 Freeway, north of Horno Creek. Plans submitted with Conditional Use
Permit 93-01 propose playground equipment, concrete trash container, drinking fountain,
removable tubular steel fencing and a wood shade structure to be placed within Horno
Creek adjacent to building F. As most of that area is within the special Flood Hazard
Area inundated by the 100 year flood, the Applicants were required to obtain approval
for a Flood Plain Land Use Permit and were conditioned to execute a License Agreement
with the City of San Juan Capistrano, prior to issuance of any construction related
permit, for the placement of the above-mentioned play equipment and removable fences
within the Horno Creek drainage easement. Because of the location of the playground in
the creek, the License Agreement had to include a comprehensive indemnification
section that saves the City harmless from and against any and all problems created
downstream by any of the play equipment, fences, and related structures placed in the
100-year flood plain and City drainage easement of Horno Creek.
FOR CITY COUNCIL AGEN IAS. CL
AGENDA ITEM
' July 6, 1993
Page 2
A location map and plan depicting work in the easement area are attached.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
None - all costs for preparation of the License Agreement and recording fees will be
borne by the Applicant.
NOTIFICATION
John and Georgie Tiernan,
Wonder Years Preschool
Derek Aynsley,
Marbella Plaza Partners
ALTERNATE ACTIONS
1. By motion, authorize the Mayor and City Clerk to execute said Agreement and
authorize the City Clerk to forward the Agreement to the Orange County Recorder
for Recordation.
2. Do not authorize the Mayor and City Clerk to execute said Agreement.
3. Refer to staff for further information.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Marbella Plaza Partners, and the City, and authorize the City Clerk to forward
the Agreement to the Orange County Recorder for Recordation.
Respectfully submitted,
William M. Huber
-1/ai WMH/TGS:ss
Attachments: Location Map
Work Area Map
License Agreement
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JUN-1r 15:46 FROM TO 14154216021 P.01
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
LICENSE AGltLEMENT
Assessor's Parcel No. 6)O-592-03
Lot 216, Tract 12954
THIS LICENSE AGREEMENT is made this day of !. , 1993, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and
Marbella Plaza Partners, hereinafter referred to as 'Property Owner".
Recti talc:
This License Agreement affects title to and runs with the land with respect to
Lot 216, of Tract 12954, City of San Juan Capistrano, County of Orange, more
particularly described in Exhibit A, attached and incorporated herein by reference.
City and Property Owner mutually resolve as follows:
1. Grant of License,
City hereby grants to Property Owner a license right to use a portion of
the 100-year flood plain and City drainage easement for the purpose of placing and
maintaining preschool play equipment, fences and other related structures, as listed in
attachment, Exhibit "B". The location of the City easement is set forth in Tract Map
12954, recorded as Document No. 88-088244, Book 597, Pages 1 through 34 on February
28, 1988, a copy of which is on file with the Engineering Division. Placement of play
equipment, fences and related structures in the easement area shall be under the
direction of the Director of Engineering and Building. •
TO 1415421602i P.02
JUN-1(-1:J7,3 1 ;4b I-KU1
2. Hold Harmless.
Part of the outdoor play area for the preschool is situated in an area
designated as Floodplain and as a condition of the Conditional Use Permit, City requires
and has conditioned Property Owner to remove or cause to be removed the demountable
fencing which encloses and secures the outdoor play area in the event storm conditions
are predicted in the weather forecast.
Property Owner, shall release and shall agree to indemnify and save the
City harmless from and against any and all injuries to and deaths of persons and
injut ies to Property, and any and all claims, demands, costs, loss, damage and
liability, howsoever the same may be caused and whensoever the same may appear,
resulting directly or indirectly from the breach or other violation, performance or
nonperfurmence, of the condition(s) to the Permit and specifically arising from
Property Owner's failure to remove or cause to be removed said demountable
fencing when storm conditions are predicted in the weather forecast which may
result in debris piling up on the fence and disloging the fence and plugging the
culverts along the Horno Creek Channel at the I-5 Freeway and/or Rancho Viejo
Road.
Property Owner also shall release and shall agree to indemnify and save
the City against any and all injuries to and deaths of persons and injuries to property
or other Interests and all claims, demands, costs, loss, damage, and liability,
howsoever same may be caused and wheeisoever the same may appear, either
directly or indirectly made or suffered by Property Owner, their agents, employees
and subcontractors while engaged in the performance of the condition(s), while
maintaining the play equipment and while engaged in the removal of said
demountable fencing.
Property Owner; also shall release and shall agree to indemnify and save
the•City harmlets from and against:any and all injuries to and deaths of persons and
injuries to property and against any clogging to downstream culverts and facilities
caused by play equipment and other related structures, and any and ail claims,
demands, costs, loss, damage and liability, resulting from the play equipment and
other related structures placed In the 100-year flood plain and City drainage
easement of Horno Creek.
This Indemni.ficatluni shall terminate when the play equipment related
structures, and fencing are removed from the creek.
3. City Control of Preschvul l:guipment/Structures.
City reserves the right to, at any time, cause the relocation of the
preschool's play equipment, fence and other related structures in the event they are
deemed to conflict with the flood plain. Any cost of relocating of the preschool's play
equipment, fences and/or structures shall be a cost borne by the Property Owner.
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4. Successors in Interest. •
•
•
The License Agreement shall inure to and be binding on the heirs,
successors, executors, administrators, and assignees of the Property Owner.
5. Term.
This License Agreement shall continue in full force and effect, subject tO
paragraph 3, unless terminated by mutual agreement of the Property Owner and City.
DATED this_day of , 1993, at San Juan Capistrano.
•
CITY OF SAN JUAN CAPISTRANO •
byY-__�
MAYOR
DEREK AYNSLEY, PRESIDENT .
CAPITAL & COUNTIES U.S.A., INC. ,
GENERAL PARTNER. MAAriRu r a
ALL-PURPOSE ACKNOWLEDGMENT NO 20.
• 1 State of � "--%-- CAPACITY CLAIMED BY SIGNER r
1 Al.,ounty of l'ilitC64('(2 0 INDIVIDUAL(S)
❑ LORPORATE
fs A./.4,:y,// LGG Z� OFFICER(S) i��lG{t:Lr
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1 DATE NAME,TIT OF OFFICER-E.G.,"JANE150E,NOTARY C e a c `
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1 personally appeared ,e .L('�.` _, ❑ ATTORNEY-IN-FACT �/
NAME( OF SIGNER(S)
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[� Personalty known to me - OR - Q proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS r
rto be the person(s) whose name(s) is/are ❑ GUARDIAN/CONSERVATOR f
1 subscribed to the within instrument and ac-
knowledged to me that he/she/they executed 0 OTHER: o
f the same in his/her/their authorized j
1 __ capacity(ies), and that by his/her/their 1
1 1 OFFICTAI.. SEAL signature(s) on the instrument the person(s), f
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ATTENTION NOTARY:Although the information requested below is OPTIONAL,it prevent fraudulent attachment of this certificate to unauthorized document. J
( THIS CERTIFICATE Title or Type of Document tti-{ �," ^,,ces�.�- ,.,,.,& k'--,t4& l 1 h ,-.! r
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JUN-17-1993 15:47 FROM TO 14154216021 P.04
•
LICENSE AGREEMENT
THE LAND REFERRED TO IN THIS AGREEMENT 1S SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS
FURTHER DESCRIBED AS:
LOT 216 OF TRACT 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, RECORDED AS DOCUMENT 88-Q88244, BOOK 597
IN PAGES I THROUGH 34, ON FEBRUARY 29, 1988, OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXHIBIT A
HUUI IHN—HS UL.:1H1L. f19- 9- L9+a r r. eJL
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May 3, 1993
Mr, Sam Shoucair
Associate Civil Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,Ca 92675
Subject: Wonderyears Preschool
San Juan Capistrano
Dear Sam,
Pursuant to your request, we are herewith providing you with a breakdown of the play
structures and other related features proposed with the boundary of the Horno Creek 100 year
flood zone area. Those structures are as follows:
X_ 3' high and 6'high removable tubular steel fencing.
2. Wood shade structure.
3. Drinking fountain.
4. Concrete trash container.
5. Small single room playhouse structure,
6. Two small slides.
7. Small steel climbing structure.
8. Steel spider climber
Please review the above and let us know if you have any questions.
Sincerely.
H i • :o4:iates
I< d' an,ASLA
H +O UR I AN ASSOCIATES
2505 i Merit Circle.Suite 109 T a guha Hi1ja,Ca.9265.3 Tel-714 34S-844,5 Fax:71434&-2417 Lic: 1285
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