04-0302_MCDONALD'S/POLLARD_License Agreement CITY OF SAN JUAN CAPISTRANO
LICENSE AGREEMENT
DEL OBISPO STREET DRIVE APPROACH REHABILITATION
BETWEEN ORTEGA HIGHWAY AND CAMINO CAPISTRANO
LICENSE AGREEMENT (MCDONALD'S/ POLLARD)
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THIS LICENSE AGREEMENT is made this O�� day of
2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to
as "City' and McDonald's Corporation, hereinafter referred to as "Property Owner" and
Ross Pollard, herein referred to as "Operator'.
WHEREAS, Operator leases land from Property Owner more particularly described as
"McDonald's," at 31822 Del Obispo Street, Parcel 3 of Parcel Map #51-14;
and
WHEREAS, City wishes to reconstruct and make improvements to the two driveway
approaches to this property; and
WHEREAS, City, Operator and Property Owner wish this work to take place; and
WHEREAS, construction work will be necessary on both private property and within the
public right-of-way:
NOW, THEREFORE BE IT DETERMINED, Operator, Property Owner and City agree
as follows:
1. Grant of License
Property Owner hereby grants to City a license right to use a portion of Parcel 3
of Parcel Map 51-14 for the purpose of work more particularly shown on plan
titled "Del Obispo Street Drive Approach Rehabilitation between Ortega Highway
and Camino Capistrano," on file in the Office of the City Engineer and
incorporated herein by reference. It is the intent of the parties to this Agreement
that the City and its contractors will use only that portion of Parcel 3 necessary to
complete the work shown on the above referenced plan. The City will not use
Parcel 3 for staging or equipment/ material storage and will use its best efforts to
minimize any adverse impact on restaurant operations on Parcel 3.
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2. Hold Harmless
City agrees to save and defend Property Owner harmless from any and all
claims, judgments, or other liabilities, which may arise out of Performance of
City's Rights and Obligations under this agreement.
3. Hours of Work
Hours of construction work shall be 10pm to 6am.
4. Progression of Work
Only one half of one driveway approach shall be under construction at any one
time, The remaining driveway and half driveway shall remain fully useable
outside of work hours.
Asphalt may be removed and replaced for both driveways in one night time work
shift providing it is useable again by 6am.
5. Term
This License Agreement shall continue in full force and effect until the earlier to
occur of : 1) the filing of a Notice of Completion for the City construction project
"Del Obispo Street Drive Approach Rehabilitation between Ortega Highway and
Camino Capistrano"; 2) the mutual agreement of the Parties to rescind the
agreement; or 3) June 30, 2005.
DATED this C�- day of I Y " at San Juan Capistrano.
ATTEST: CITY OF SAN JUAN PISTRANO:
By:
arg ret R. Monahan, City Clerk Joe Sot , Mayor
APPROVED AS TO FORM: Property Owner:
By: dP
John R. Shaw, Cit Attorney Mc onald's CdTporation
Operator:
B
Ross Pollard
4 0
CITY CLERK'S DEPARTMENT-ACTION REMINDER
TO: Brian Perry, Senior Civil Engineer
FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005
SITUATION:
At their meeting on March 2, 2004, the City Council of the City of San Juan Capistrano
approved a license agreement with McDonald's Corporation and Ross Pollard allowing the
City to rehabilitate the Del Obispo Street Driveway.
ACTION REQUESTED:
Said agreement states services shall be completed by June 30, 2005.
Please notify this office if agreement has been extended or completed. p
ACTION TO BE TAKEN:
DA WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 1' L e
"'FOR CITY CLERK'S DEPARTMENT USE ONLY"'
Tickler Date: 06/01/05
Deadline Date: 06/30/05
cc: Department Head
(600.30/mcdonald's-pollard)
4
Zy MEMBERS OF THE CITY COUNCIL
DIANE L.BATHGATE
JOHN S.GELFF
WYATT HART
32400 PASEO ADELANTO jay `i JOE SOTO
SAN JUAN CAPISTRANO,CA 92675 I m[o RPaARim
(949)483.1171 uiBeIISXEo IA61 DAVID M.SWERDLIN
(949)493.1053 FAX 1776 CITY MANAGER
wwwsanjuancapistrano.org • DAVE ADAMS
March 6, 2004
McDonald's Corporation
One McDonald's Place
Oak Brook, IL 60523
Attention: Michael Van Poucke
Ross Pollard
709 Avenida Azar
San Clemente, CA 92673
On March 2, 2004 the City Council approved a License agreement related to the drive
approach rehabilitation at 31822 Del Obispo Street, San Juan Capistrano.
An original, executed agreement is enclosed for your records.
Terms under this agreement may proceed as coordinated by the Project Manager, Brian
Perry, Senior Civil Engineer (949) 443-6353.
Yours truly,
Meg Monahan, CMC
City Clerk
enclosed: Agreement
cc: Brian Perry, Senior Civil Engineer
William M. Huber, Engineering and Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
• • 3/2/2004
D4
AGENDA REPORT
TO: Dave Adams, City Manager
FROM: William M. Huber, Engineering & Building Director
SUBJECT: Consideration of License Agreement for Del Obispo Street Driveway
Approach Rehabilitations between Ortega Highway and Camino Capistrano
(McDonald's/Pollard) (CIP No. 101)
RECOMMENDATION
By motion, approve the License Agreement with McDonald's Corporation and Ross Pollard
for the rehabilitation of the driveway approach on the McDonald's property, 31822 Del
Obispo Street.
SITUATION
A. Summary and Recommendation
City staff has solicited a license agreement to permit work on private property at
McDonald's on Del Obispo Street. Staff is recommending approval of the License
Agreement so that improvements on both public and private property can be made
at this location as part of the Del Obispo Street Driveway Approach Rehabilitation
Capital Improvement Project.
B. Background
Del Obispo Street between Ortega Highway and Forster Lane serves a number of
businesses including a retail center,and several sit-down and drive-thru restaurants.
Each establishment is served by one or two individual driveways, resulting in
numerous conflict points as motorists enter and exit these establishments. In order
to improve traffic flow, the City is proposing to improve the characteristics of these
driveways at the McDonald's, Carl's Jr., DeNault's Hardware, and Marie Callendars'
properties.
Plans for the project were prepared in 1999 and 2000. The work is budgeted for
construction in FY 2003-2004.
FOR CITY COUNCILAGENDA.
Agenda Report March 2, 2004
Page 2
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
The project has been granted a mitigated negative declaration by Resolution No. 01-2-6-3.
Mitigation Measure #1: Requires the retention of the services of SOPA (Society of
Professional Archaeologists) - certified archaeologist who shall monitor all grading and
excavation activities which exceed a depth of 18 inches below finish grade for potential
impacts on cultural resources including archaeological, paleontological, and historic
resources.
Mitigation Measure #2: Requires that construction related impacts to businesses shall be
minimized by 1.) Occurring during off-season peak times in the fall or spring; 2.) Be
performed at night, in accordance with City Council Policy 505; and, 3.) Be phased so that
only one half of a driveway and sidewalk is replaced at a time.
All conditions of the mitigation measures will be included in the construction contract
documents.
FINANCIAL CONSIDERATIONS
$150,000 has been budgeted in Account No. 12-65300-4703-101 in FY 2003-2004.
There are no financial considerations in accepting this license agreement.
NOTIFICATION
The following parties received notifications of this Council agenda item.
McDonald's Corporation*
Ross Pollard*
*Agenda Report included
ALTERNATIVE ACTIONS
1. By motion, approve the License Agreement with McDonald's Corporation and Ross
Pollard for the rehabilitation of the driveway approach on the McDonald's property,
31822 Del Obispo Street.
2. Do not approve the License Agreement.
3. Request additional information from staff.
Agenda Item March 2, 2004
Page 3
RECOMMENDATION
By motion, approve the License Agreement with McDonald's Corporation and Ross Pollard
for the rehabilitation of the driveway approach on the McDonald's property, 31822 Del
Obispo Street.
Respectfully submitted: Prepared by:
William M. Huber, P.E. Brian Perry, P.E.
Engineering and Building Director Project Manager
W M H/BP:jk
Attachments: 1. Location Map
2. License Agreement
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CITY OF SAN JUAN CAPISTRANO
LICENSE AGREEMENT
DEL OBISPO STREET DRIVE APPROACH REHABILITATION
BETWEEN ORTEGA HIGHWAY AND CAMINO CAPISTRANO
LICENSE AGREEMENT (MCDONALD'S/ POLLARD)
THIS LICENSE AGREEMENT is made this day of
2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to
as "City" and McDonald's Corporation, hereinafter referred to as "Property Owner" and
Ross Pollard, herein referred to as "Operator".
WHEREAS, Operator leases land from Property Owner more particularly described as
"McDonald's," at 31822 Del Obispo Street, Parcel 3 of Parcel Map #51-14;
and
WHEREAS, City wishes to reconstruct and make improvements to the two driveway
approaches to this property; and
WHEREAS, City, Operator and Property Owner wish this work to take place; and
WHEREAS, construction work will be necessary on both private property and within the
public right-of-way:
NOW, THEREFORE BE IT DETERMINED, Operator, Property Owner and City agree
as follows:
1. Grant of License
Property Owner hereby grants to City a license right to use a portion of Parcel 3
of Parcel Map 51-14 for the purpose of work more particularly shown on plan
titled "Del Obispo Street Drive Approach Rehabilitation between Ortega Highway
and Camino Capistrano," on file in the Office of the City Engineer and
incorporated herein by reference. It is the intent of the parties to this Agreement
that the City and its contractors will use only that portion of Parcel 3 necessary to
complete the work shown on the above referenced plan. The City will not use
Parcel 3 for staging or equipment/ material storage and will use its best efforts to
minimize any adverse impact on restaurant operations on Parcel 3.
ATTACHMENT
2. Hold Harmless
City agrees to save and defend Property Owner harmless from any and all
claims, judgments, or other liabilities, which may arise out of Performance of
City's Rights and Obligations under this agreement.
3. Hours of Work
Hours of construction work shall be 10pm to 6am.
4. Progression of Work
Only one half of one driveway approach shall be under construction at any one
time, The remaining driveway and half driveway shall remain fully useable
outside of work hours.
Asphalt may be removed and replaced for both driveways in one night time work
shift providing it is useable again by 6am.
5. Term
This License Agreement shall continue in full force and effect until the earlier to
occur of : 1) the filing of a Notice of Completion for the City construction project
"Del Obispo Street Drive Approach Rehabilitation between Ortega Highway and
Camino Capistrano"; 2) the mutual agreement of the Parties to rescind the
agreement; or 3) June 30, 2005.
DATED this day of 2004 at San Juan Capistrano.
ATTEST: CITY OF SAN JUAN CAPISTRANO:
By:
Margaret R. Monahan, City Clerk Joe Soto, Mayor
APPROVED AS TO FORM: Property Owner:
By: I u'
John R. SlvVCity Attorney Mald's Corporation J
Operator:
By:
oss Pol rd
V MEMBERS OF THE CITY COUNCIL
DIANE L.BATHGATE
I JOHN S.GELFF
WYATT HART
32400 PASEO ADELANTO /,y JOE SOTO
SAN JUAN CAPISTRANO,CA 92675 j.�" WORPORBim DAVID M.SWERDLIN
(949)493.1171 ntnnumm 1961
(949)493-1053 FAX 1776
� � CITY MANAGER
mm sanjuancapistrano.org DAVE ADAMS
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 2, 2004 in the
City Council Chamber in City Hall, to consider: "Consideration of License
Agreement for Del Obispo Street Driveway Approach Rehabilitations between
Ortega Highway and Camino Capistrano (McDonald's /Pollard) (CIP No. 101)" —
Item No. D4
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, March 1, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Brian Perry,
Senior Civil Engineer. You may contact that staff member at (949) 443-6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendas aasanivancaaistano.org.
Meg Monahan, CMC
City Clerk
cc: McDonald's Corporation*; Ross Pollard*; Brian Perry, Senior Civil Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future