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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 50 0 Ny5 F 10.4 i.o. r\1: - "V d .3 H ��\M�d'1p \' Ii 0� 0 036 LF „ '" t v tl < 4J �� �.. i �' r fpp/yilN ON3H3 rr i3SVd o A0 �1�tl0 �gp �j J`j /' > 035tld O > •f = 44S Z+Z Lf, �D , ' t-.4 N N y '��• O p �' sT 316W 316b / i 03Stld tlIJV3V > v o LOS ....... r� v Son110 03S A h\ f . 3 / r+ f > �}1�S -----....111,011b"- _.,-,43 � . ...... \64\4 �� -40010+ v ypU o b r �.�.���.���� \4 035tld +\1/ o to rd f n ITI w e \4 '1�Y�ya �d7 �\E oG3s►e o i i t.�` ,�, rWS 04\ Z r O o . ZOb\4.i 3a�1 A pyo < $ ?� 9d�13i • 31872 31822 ,Cyc F oy i3 y� '0, D y�' I �i a �PDa 11/8 62 O 7' Z N "'{ 1--- gym,+ 2 2 Z m tiOP49�A %\ ;�1�O1r z O r 31812 L14 28914 29914 LA MATANZA ST ,•,c, rJ� 3j DO Co N r'L ry .�, ?q2 - /S 0‘14.11j4. �{7 �Q OS 31502 `v 1 SA c") A. LA CALERA gT 3�4 `� ^41.- p9 ST sy 31502 z z aCCCS�MC` ,.. .,.s.i: r- d-1I388 4 33 a co N m ......: --------\ ..,-- r �, .(''�� r d1c,\ 4 MIRA.•: Md 0o AV ENIDA ', 3r642 �,t� -- O LOS CERRITOS �9L F LOS * (AK° wa of 'Q-V). e4 �S J- Nii..... \e, Wr��ooao �v� RD e.T<� O'/ 000.\ \� 31422 � / C4 t''\r 3s?�4No `V > 0, U o� 49 \\Nc :,,,..,, Dr �o� � > s l � 0 c�o. � • 1\1\\ v )1 > p L. > a rb :"' A ' N\a \ /. VOWS tract v . _ .� • boundary Marbella1111117t44 _ .4. Iine Ranch r ` ' Market _ • -'i a '.. v. q 1,..- . N w) -Ai' , di ::....- ----)7 ......._ ...„...,. .. ....A <-(<Ce e,i :.:, \ ,. , , sew . -"'" '--.jrcita- ♦4 / _- - r y�:•N. . Illul �_ joiiiiiv ft,s :::;: . r �.4 \ .1k• _ 4-. -RI a 1 `• L i. , 11 ,_____7, 4-\\ ,\ . _ • \ 0 rV '_ ILII _ _`�7 4 preschool/bld F ' o RANCHO VIEJO ROAD 3 a v 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. .w.i--ar—s».a 1,J•Y1 rm.'," IU 1415416021 P.03 • 1 • 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 1 On ' ��f//_; before me, 'vn � �*� c s -m-LE(s) 1 DATE NAME,TIT OF OFFICER-E.G.,"JANE150E,NOTARY C e a c ` r a TNER(S) r � r 1 personally appeared ,e .L('�.` _, ❑ ATTORNEY-IN-FACT �/ NAME( OF SIGNER(S) 0 TRUSTEE(S) l [� 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 5�`[[ T4 `� .'- JENNY ".1 FREN(EN or entity upon behalf of which the person(s) SIGNER IS REPRESENTING: o r � rI a •le NOTARY PUBLIC CALIFORNIA acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) ( ` ,` SAN F ANCISCO CO '1T f 6 •.� My corm. exp.res JJL 25, 1:,93 Witness my hand and official seal. r 1 1 1 1 r SIGNATURE OF NOTARY (, 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 cowl MUST BE ATTACHED Number of Pages _.5Df Documen ✓ oTO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above t'! ��tiltititi�tititi�tititititititititititititi1ti11ti�titititiltitititititiltititititititi1111~~~~�ltititi�titititititititil�`��1ti1ti1ti1ti1titititititi�� 1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park.CA 91304-7184 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 a 'v 1n' �I 11 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 EXHIBIT B ��fn. ,qq�•" rt _ "T ti MPLM;-y VI�'. '�•T l� b -Y tY. ,�. •+ ✓ l3 X '' . y' ! " 4' n 'few -_ Ma `` ).. `� w..:i- Y,. • A+ , f' ttf 'f► 4)45.1 i��.z� m'1 R r ' r7 7 t t„e hi, 44' • ' 'SaL =ir?' sh Flt ''* §• AF"t "3`fs t t ".r r - . , ,r `,..':1''••,`,..t#: 't ' ' y.: ` ` .j .�. --, 1f •A.J te r' •y -fv wi' f• rE . i. .40v x ' < ` st� ' < ,fir, • ' Jt 1•.1„! . .ter. ,� �•,4 -A_. 1Y { •A •_ ..4 f ap"3 4' t"• ✓1!- ^A^�• ' { 4 ' • ' f"R + _ a, I• • ' `i ��.,, 4. -yr ; , ,•144 •«. F - ,a{, ►•i • if s < •`1t+ {e I }'� t #. . ,t' {r ,yam • ° *' ' i §� � t . •",,o -,rr•' A�+•t,,r ,/+•. ' r} _ • Saes ♦ �'lt«t ,.�191iy' It,, :417 � `. e *w 4h • 4., y s.r }~ h VS, +�''r Ty j b fir 'A + ' ax T;' ' ?"' • 4: . a "" } NA+7r + � ' 1 t-44 • t r� nk " ✓ ;. � k. 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