Loading...
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) v` 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. SD 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 LU Q aH O C Q 31Y G Q1 d" CL % \ - - -•- \. CL % 7 \ U a r �a N a I j ems"° wr c�vldac��s�re «� PASA luno 0 3 Ali a •••• 6OA"cocall. ••,• ..call. '•. 4� 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