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1987-1020_A T & S F RAILWAY CO_H5dAGENDA.ITEM TO: FROM: SUBJECT: SITUATION 0 0 October 20, 1987 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Pipeline License Agreement for Storm Drain (AT & SF Railway) Over the past several months, The Price Company has had improvement plans prepared in support of the Price Club development (AC 87-1). With final design and approval of the storm drain plans (Master Plan Drain LOIS03), it is required that the subject agreement (11008361-25) be executed prior to construction by the development. The license agreement must therefore be approved and authorization issued to execute it. By entering into the agreement the City agrees to indemnify and save harmless the AT & SF Railway against damages and losses caused by the construction, maintenance, and/or use of the pipe. The contractor has, however, executed an agreement with the railroad and provided insurance for the construction phase. NOTIFICATION AT & SF Railway Company, Mr. Q.W. Torpin, General Manager; and The Price Company, Ms. Lois Miller, Real Estate Development Manager CQMMIS5ION/5OARR REVIEW, RECOMMENDATIONS The project AC 87-1 (Price Club) was approved by City Council on May 19, 1987. FINANCIAL CONSIDERATIONS Compensation for the license agreement is $400. The City Council and San Juan Capistrano Community Redevelopment Agency executed a Development and Disposition Agreement for the Price Club at a joint public hearing on December 16, 1986. This DDA specifies Agency financial responsibility for, among other things, storm drain construction. The City Council authorized the Agency to fund Price Club improvements January 20, 1987. ALTERNATE. ACTIONS 1. Approve the Pipeline License Agreement and adopt the attached resolution authorizing its execution by the Mayor. 2. Do not approve the Pipeline License Agreement. 3. Request additional information from staff. < / / fOR CjrY.` wWNCIL AGENDA it Agenda Item • Qctober 20, 1987 Page 2 REOOMM(:NDATION 41 By motion, approve the Pipeline License Agreement and adopt the attached resolution authorizing its execution by the Mayor. Respectfully submitted, wJI � W. D. Murphy Attachments WDM/TGS:kjs