1993-1005_ORANGE, COUNTY OF_Agreementi
1 GRAFFITI REMOVAL AGREEMENT
2 THIS AGREEMENT, made and entered into this `i � day of
199;
3
4 BY AND BETWEEN
5 The CITY of SAN JUAN CAPISTRANO a
municipal corporation, hereinafter
6 designated as "CITY,"
AND
7 The COUNTY OF ORANGE, a political
subdivision of the State of
8 California, hereinafter designated as
"COUNTY."
9
10 W I T N E S S E T H
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WHEREAS, CITY wishes to have graffiti removed from public and private
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property within CITY;
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WHEREAS, COUNTY is able to remove graffiti from public and private
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property located within CITY and adjacent to, or visible from, ORANGE COUNTY
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FLOOD CONTROL DISTRICT (OCFCD) property or COUNTY property at nominal cost to
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the COUNTY while removing graffiti from adjacent OCFCD or COUNTY property; and
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WHEREAS, removal of said graffiti by COUNTY at no charge to CITY or the
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owners of the property from which graffiti is removed will benefit the COUNTY by
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enabling it to remove expeditiously graffiti blight visible from OCFCD or COUNTY
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property; and
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WHEREAS, COUNTY's Board of Supervisors has authorized the director of its
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Environmental Management Agency to execute this agreement,
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Now, therefore, CITY and COUNTY, mutually agree as follows:
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1. COUNTY shall
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A. At its option, remove graffiti from private property, CITY
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property, and property occupied by other public agencies that
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is adjacent to, or visible, from ORANGE COUNTY FLOOD CONTROL
DISTRICT (OCFCD) property or COUNTY property and located within
CITY;
B. Obtain the property owner's written permission prior to the
removal of graffiti from private property or property owned by
public entities other than OCFCD, COUNTY, or CITY; and
C. Perform such graffiti removal work at its sole cost and
expense.
2. CITY hereby consents to:
A. Removal by COUNTY of graffiti on property owned by CITY;
B. Entry on CITY property by persons removing graffiti from public
or private property in accordance with this agreement; and
C. Graffiti removal by COUNTY in the CITY on private property or
public property not owned by CITY, to the extent approved by
the property owner.
It is mutually understood and agreed:
1. That graffiti is obnoxious.
2. That property from which COUNTY may remove graffiti may include
private or non -county owned public property adjacent to, or
visible from, OCFCD or COUNTY property or facilities located on
OCFCD or COUNTY property such as, but not limited to, bridge piers
or abutments, utility manholes, towers, poles.
3. That the cost to the COUNTY to perform graffiti removal work on
private or non -county public property in CITY is only nominally
more than the cost to COUNTY to remove graffiti from the adjacent
OCFCD or COUNTY property.
4. That this agreement does not obligate the COUNTY to remove
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graffiti from private or non -county public property.
5. That the CITY will not be included in communication between the
COUNTY and property owner regarding graffiti removal unless COUNTY
or property owner request CITY participation.
6. That graffiti removal includes physical removal of graffiti or
painting over graffiti to make it illegible; that such effort may
result in some discoloration of the surface on which graffiti was
affixed or inscribed; and that the paint used to paint over
graffiti may not match the existing colors.
7. That the crews assigned to remove the graffiti may include COUNTY
employees and volunteers as well as COUNTY jail inmates, Community
Work Program enrollees, persons on probation or wards of the
juvenile court, acting under the supervision of COUNTY staff
authorized to supervise inmates and Community Work Program
participants or the COUNTY Probation Department.
8. That the area painted or repainted to remove graffiti may not be
larger than the area covered with graffiti and may not include the
entire surface of the property.
9. That while graffiti removal work on private or non -county property
will usually be accomplished from OCFCD or COUNTY property, there
may be occasions when personnel performing graffiti removal work
will enter upon private, CITY or other non -county public property
in order to accomplish said work.
10. CITY shall indemnify and hold COUNTY, its officers, agents,
employees, invitees and independent contractors free and harmless
from any liability whatsoever, based or asserted upon any act or
omission of CITY, its officers, agents, employees, subcontractors
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and independent contractors, for property damage, bodily injury or
death or any other element of damage of any kind or nature,
relating to! -or connected with the performance of this agreement
and CITY shall defend at its expense, including attorney fees,
COUNTY, its officers, agents, employees, invitees and independent
contractors in any legal action or claim of any kind based upon
such alleged acts or omissions.
11. COUNTY shall indemnify and hold CITY, its officers, agents,
employees and independent contractors free and harmless from any
liability whatsoever, based or asserted upon any act or omission
of COUNTY, its officers, agents, employees, subcontractors,
invitees and independent contractors, for property damage, bodily
injury or death or any other element of damage of any kind or
nature, relating to or connected with the performance of this
agreement, and COUNTY shall defend, at its expense, including
attorney fees, CITY, its officers, agents, employees and
independent contractors in any legal action or claim of any kind
based upon such alleged acts or omissions.
12. The term of this agreement shall be for five (5) years commencing
upon final execution by COUNTY unless earlier terminated by either
party.
13. COUNTY and CITY may terminate this agreement, without cause, upon
thirty (30) days written notice to the other party.
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IN VITNESS VHEREOF, CITY has caused this agreement to be executed by
its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be
executed by the Director of the Environmental Management Agency and attested by
its Clerk, all thereunto duly authorized by the City Council and the Board of
Supervisors, respectively.
Dated: _ /0 5 93
Attest:
TPC:mk/3221
3072915001952
CITY OF SAN -JUAN -'CA=
A MuniciW Corporation
Mayo
APPROVED AS TO FORM
By
/,24j, Pj,&
City Attf-4 r e
�
COUNTY OF ORANGE,
A political Subdivision of the
State of Californi
By�
Michael M. Ruane
Director, EMA
APPROVED AS TO FORM:
TERRY C. ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
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