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19-1203_PLANT DEPOT_Agenda Report_F1412r3r2a19 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 I llllil lllil llfi llil lllll lllil lllll llll llll lllll lllll lill lllll lil llll N0 FE E 2007000098242 08 :55 an 021 1 4ßl 212ı0 A',l2 7 0.oo 0.00 0.00 0.oo o.oo o.00 0.00 0-00 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 JO 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" IT 'I t fLå I Project Area - Plant Depot t! ,t THE CITY OF SAN JUAN CAPISTRANO 'rìì-.:"Ìt0,'tj.i ,r.-1, ?' N A ,l-,-\ii th t.Ã 1"7ì I v I 3000 6000 9000 Feet0 ATTACHMENT 1, PAGE 5 OF 7 CATIFORilIA ALL.PURPOSE ACKNOWLEDGTIIENTãê) State of Cal County of lfornia Ar,r*,Jf+- On \o'ì beforet') personally appeared ê#,* I Though thd ¡nfotmat¡on þelow is not requlrêd by law tt may provo dnd couk! prcwnt traudulent rêmoval and ßandchment known to me tr (or proved to me on the basís of satisfactory evidence) to be the persorþ)whose name{s) isbre subscribed to the within instrument and acknowledged to me that helche,{l'rey executed lhe same in his&er*heir authorized capacity({r*), and that by his/Httteir signature{s} on the instrument tho person(e), or the ênt¡ty upon behalf of which the personþ) acted, executed the instrument. WITNESS my hand OPTIONAL valuable to persons relylng on the &cumenl ol thls form to anathet documanL Pl¡6 Nolåry SôÉl ,ûùörô Deecription of Attached Ttle or Type of Document:^/ u A -' *'1 flDocument Document Dale Number ol Pages: Signe(s) Other Than Named Above: Gapaclty(les) Cla¡med by Slgner(e) Signer's Name: tr lndividual E Corporate Officer - Title(s): fl Pailner - D Limited E General I Attorney in Fact I Trustee D Guardian or Consorvalor Signer's Name tr lndivldual tr Corporale Officer - Ttle(s): ¡ Partner - n Limited E General E Attorney in Fact E Trustee E Guardian or Consorvator tr Other:tr Other: Signer ls Represonting:Signer ls Representing O àO0È Hat¡rióst Ñoi¿ry À¡socia¡on . 9S5O Oo Soro Avð . PO. Aor 2402 . Char6florrh. CA 91313-2,102 llem No 5907 Êeo(do.' Cåll Toll-F¡ce l-80(,'878'6827 Top ol thumb her€ RrGr if TtJrJff ril)fìNT()r Slcr,]I]t{ Top of thumÞ hal€ tì-r IHUt,rlfìPFll¡JI or irltìr.]F tl 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