21-0714_SADDLEBACK BALLEY COMMUNITY CHURCH_1st Amd to Maintenance Agreement61147.80014\33905526.3
AMENDMENT NO. 1 TO
MAINTENANCE AGREEMENT REGARDING
RANCHO CAPISTRANO QUIET ZONE GRADE CROSSING
This Amendment No. 1 to the MAINTENANCE AGREEMENT REGARDING
CAPISTRANO QUIET ZONE GRADE CROSSING, dated as of May 8, 2020, (the
“Agreement”), is made and entered into as of this __ day of ____________, 2021
(the “Effective Date”), by and between the City of San Juan Capistrano, a
California municipal corporation, (“City”), and Saddleback Valley Community
Church, a California domestic non-profit corporation (“Saddleback Church”).
RECITALS
WHEREAS, as of May 8, 2020, the Parties entered into the Agreement,
pursuant to which, Saddleback Church is obligated to construct, install, and
maintain certain improvements to a railway crossing located on Saddleback
Church’s property.
WHEREAS, under Section 8 of the Agreement, Saddleback Church has
agreed to defend, indemnify, and hold the City harmless from any and all liability
from loss, damage, or injury to property or persons, including wrongful death, in
any manner arising out of or incident to acts, omissions, and/or operations by
Saddleback Church, and has further agreed to defend at its own expense,
including attorneys’ fees, the City in any legal action based upon such acts,
omissions, and/or operations.”
WHEREAS, for the avoidance of doubt, the Parties wish to further clarify
the terms and scope of the defense and indemnification provision of the
Agreement.
NOW, THEREFORE, in consideration of these promises and mutual
obligations, covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The second paragraph of Section 8.2 of the Agreement is
hereby amended to read as follows:
“Claims include, but are not limited to, any claim, lawsuit or judgment
resulting from, arising out of, or based upon: (i) the presence,
release, use, generation, discharge, storage, or disposal of any
hazardous material on, under, in or about, or the transportation of
any such materials to or from, the Property in the performance of this
Agreement, (ii) the violation, or alleged violation, of any statute,
14 July