19-1203_CC_F14_Ageda Report_Termination of Plant Depot License Agreemetn12r3r2a19
F14
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Ænj^ in Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Jill Thomas, Senior Managem ent Analyf,-f
DATE: December3,2019
SUBJECT Termination of License Agreement for Landscape and
lrrigation lmprovements with Plant Depot
MMEN
1. Authorize the termination of the License Agreement for landscape and
irrigation improvements with Plant Depot; and,
2. Authorize the City Manager to send written notification to Plant Depot to terminate
the License Agreement.
DISCUSSION/ANALYSIS:
The City currently has a License Agreement (Attachment 1) with Plant Depot which was
approved by the City Council on February 6,2007. The License Agreement allowed the
Licensee to install and maintain new landscaping and irrigation improvements at the
corner of San Juan Creek Road near Camino Capistrano. A location map is included as
Attachment 2. The area in question was thought to be public right-of-way; however, upon
further evaluation staff has determined that the area is private property owned by Plant
Depot. Consequently, the landscape enhancements and ongoing maintenance do not
require City approval and/or permissions as they are located on private property. As
such, Plant Depot and the City desire to terminate the current agreement as it is no longer
necessary. Section lll of the License Agreement provides for termination by either party
upon a 90-day written notice. Therefore, pursuant to Section lll, staff recommends that
the City Council approve the request to terminate the License Agreement and to authorize
the City Manager to send written notification to Plant Depot.
City Council Agenda Report
December 3, 2019
Paoe 2 of 2
FISCAL IMPACT
There is no fiscal impact to the City as the landscape enhancements are located on
private property and will continue to be maintained by the property owner.
ENVIRONMENTAL IMPACT:
ln accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(bX3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Termination of a License Agreement for landscape and irrigation
improvements would not be an activity with potential to cause significant effect on the
environment and therefore is exempt from CEQA.
CITY C
On February 6, 2007, the City Council approved the License Agreement, related fee
waiver, and authorized the City Clerk to forward the Agreement to the Orange County
Recorder for Recordation.
COMM ISSION/COMM ITTEE/BOARD REVI EW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review
NOTIFICATIONS:
Jennifer Kittle, Owner, Plant Depot
Marcelino Lomeli, Plant Depot
ATTACH MENTS:
Attachment 1: License Agreement
Attachment 2: Location Map
rRËCORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Gapistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Çode 27383 & 6103
City of San Juan Capistrano
Racorded in Official Records, Orangc Counþr
Tom Daly, Clerk-Rccorder
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This Space for Recorder's Use Only 1 ii
Titte of Document: LICENSE AGREEMENT for
Landscape Enhancements within
the Public Right-of-Way; APN 666-291-01 (Plant Depot)
Prepared on: February 6, 2007
License Agreement
ATTACHMENT 1, PAGE 1 OF 7
Lr'cense Agreement Plant Depot
Page 2 of 5
PARTIES AND DATE.
THIS LICENSE AGREEMENT is made this 6th day of February, 2007, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as
"Licensor" and Plant Depot, hereinafter refened to as "Licensee"'
II. GRANT OF LICENSE AND CONDITIONS.
Licensor and Licensee mutually resolve as follows:
1 Grant of License Licensor hereby grants to Licensee a license right to
use a portion of an existing Public rig ht-of-way for the purpose of installing
landscape and irrigation located within the City of San Juan Capistrano, and
more particularly described in Exhibit "4", attached hereto. The location of the
improvements is set forth in Exhibit "B",attached hereto. Licensee will place the
improvements under the direction of the Licensor's Director of Engineering and
Building in the existing public right-of-way located on Assessor's Parcel No. 666-
291-O1.
2. Hold Harmless. Licensee agrees to save and defend the Licensor, its
elected and appointed officials, agents and employees harmless from and
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, arising
out of the performance of Licensee's rights and obligations under this Agreement.
Licensee shall maintain in effect a policy of comprehensive general liability or
commercial general liability insurance in which the limits of liability shall not be
less than One Million Dollars ($1,000,000,00), Licensor shall be named as an
additional insured on such policy and an endorsement shall be provided to
Licensor proving that said insurance coverage is in place.
The foregoing indemnification and insurance obligations shall be in effect for
perpetuity or as such time that the improvements are removed to the satisfaction
of the licensor's Director of Engineering & Building.
3. R.espqngiþilitv of Licensee to Maintain.. Repair. Remove and/or Rqlgpqte
Private lmprovemgnlg, Licensee has requested and the Licensor by execution of
this Agreement allows the Licensee, at Licensee's sole expense, to of install
landscape and irrigation located within the existing public right-of-way. Licensee
acknowledges that the public right-of-way, in which the landscape and irrigation
will be placed, may need to be accessed by the City for maintenance and/or
repair. Any costs and construction work needed to repair, remove and/or relocate
said private improvements occasioned by the above shall be borne by the
Licensee.
Prior to the issuance of construction permits, private improvements found to be in
conflict wíth existing utility facilities or systems shall be redesigned, or utilities
shall be relocated, subject to the approval of the specific agency/utility company,
ATTACHMENT 1, PAGE 2 OF 7
License Agrcement Plant Depot
Page 3 of 5
at the expense of the Licensee.
Licensee further acknowledges il during the course of construction and/or
maintenance of the private improvements by the Licensee, any of the Licenso/s
property is damaged, the cost to repair and/or replace said equipment shall be
borne by the Licensee.
The Licensor reserves the right to terminate this Lioense Agreement immediately
if Licensor determines that the improvements become detrimental to the public
health, safety and welfare. ln the event of the termination of this License
Agreement, all costs to remove all of the improvements shall be born by the
Licensee.
4. Successors in lnterest. The License Agreement shall inure to and be
binding on tñe heirs, successors, executors, administrators, and assignees of the
Licensee.
5. No Waiver. Any failures or delays by Licensor in asserting any of its rights
and remedies as to any defiault by Licensee hereunder shall not operate as a
waiver of any default or any such rights or remedies, or deprive Licensor of its
right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies,
III. TERTS.
1. This License Agreement shall continue in full force and effect, subiect to
paragraph 4, unless terminated by the Licensee or Licensor upon 90 days written
not¡ce; or, shall be terminated on 10 days notice if Licensee fails to adhere to
any conditions of this Agreement. Upon termination, Lioensee shall restore the
right-of-way to its original condition to the satisfaction of the City Engineer.
DATED this 6h day of February, 2OO7, at San Juan Capistrano.
LICENSEE CITY OF SAN CAPISTRANO
BY:ft sf qa^,,øA
BRENT KITTLE, OWNER , MAYO
, CITY CLERK
(Attach Notary Acknowledgment)
TO FORM:
CITY ATTORNEY
By
AP
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ATTACHMENT 1, PAGE 3 OF 7
Lrbense Agrcement Plant Depot
Page 4 of 5
LEGAL DESCRIPTION
THE I-AND REFERRED TO IN THIS AGREEI,IENT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS
FURTHER DESCRIBED AS:
RECORD SURVEY SAN JUAN CA PISTRANO LOT 34 POR OF LOT AND RECORD
suRvEY 4ñ 5 LOT 2 POR OF LOT TR 591 (686-29r {r) (PI-ANT DEPOT}.
EXHIBIT "A"
ATTACHMENT 1, PAGE 4 OF 7
' License Agrcement
LOCATION OF III'PROVEMENTS
Plant Depot
Page 5 of 5
EXHIBIT "B"
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ATTACHMENT 1, PAGE 6 OF 7
It PUBLIC AGENCY FORM OF ACKNO\ryLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code I181)
On February 6,2007, before me, Margaret R. Monahan. Citv Clerk, personally appeared Sam
Allevato personally known to me to be the person whose name is subscribed to the within instument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
(sEAL)
WITNESS my hand and official seal.
Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers
Mayor
Description of Attached Document
License Agreement - APN 666-291-01 -
Plant Dept
Date: 2/6/2007
Title
Signers are Representing
City of San Juan Capistrano
ATTACHMENT 1, PAGE 7 OF 7
LOCATION MAP
Profect Area
ATTACHMENT 2, PAGE 1 OF 1