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04-0217_OLD CAPISTRANO MERCHANTS ASSOCIATION_License & Indemnity Agreement LICENSE AND INDEMNITY AGREEMENT FOR USE OF CERTAIN PUBLIC PROPERTY This License Agreement(the"Agreement")is made this 17T"day of February,2004 by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter referred to as "Licensor," and the Old Capistrano Merchants Association, hereinafter referred to as "Licensee." Licensor and Licensee mutually agree as follows: 1. License to Use Certain Public Property. Licensor hereby grants to Licensee a license right to use certain public property described as the Green Downtown Street Light Lampposts (the"Property") for the purpose of displaying architectural banners. Licensee shall not use the Property for any other purpose. 2. Term. This Agreement shall be for a period of One (1) year(s) beginning from the date listed above. Licensor reserves the right to terminate this License Agreement by giving Licensee thirty(30)days'advance written notice of termination.This Agreement may be terminated without cause. Licensee shall have the same right to termination. 3. Insurance Requirements. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. i) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. ii) Worker's Compensation. Licensee shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law if anyone is employed by the Licensee under the scope of this agreement. iii) Proof of Insurance Requirements/Endorsement. Prior to beginning any use of public property under this Agreement, Licensee shall submit the insurance certificates, including the deductible or self- SD retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies to the City Clerk's Office for certification that the insurance requirements of this Agreement have been satisfied. iv) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 4. Damage to Property. Licensee shall be liable for and shall pay to Licensor the cost of any damage of any kind whatsoever to lampposts and any other property of Licensor, including loss of use thereof, arising from or in any way related to (1)the acts or omissions of Licensee or Licensee's Representatives,or(2)any breach by Licensee of any of its obligations under this agreement, except for the portion, if any, of any of the foregoing which are held by a court of competent jurisdiction to have been caused solely by the gross negligence or wilful misconduct of Licensor. Neither Licensee or any of Licensee's Representatives shall remove any property of any type from the Property without the express prior written consent of Licensor. 5. Third Party Property Damage or Personal Injury. Licensor and the other "Indemnitiees"(described below)shall not be liable for any damage of any kind whatsoever to any property belonging to or used by Licensee under this agreement, including loss of use of any such property, or for any injury of any kind whatsoever to any person from Licensee's Property under this agreement, arising from any cause whatsoever, and Licensee hereby waives all claims and demands relating thereto. 6. Hold Harmless and Indemnification. Licensee agrees to protect, defend and hold harmless Licensor, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to any property or interference with use of property and for errors and omissions committed by Licensee arising out of or in connection with the work, operation, activities or use of Licensor's property by Licensee, its agents, employees and subcontractors in carrying out its obligations under this agreement. 7. Assignment. Licensee shall not transfer, encumber, or assign this Agreement in whole or in part, whether voluntarily or involuntarily, nor sublet all or any part of this Agreement. 8. Notices. Any notices required to be given under this Agreement shall be sent to the following parties: Licensor: Licensee: City of San Juan Capistrano SJC Chamber of Commerce. 32400 Paseo Adelanto 31781 Camino Capistrano San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Attn: Economic Development Manager Attn: President Licensee: Old Capistrano Merchants Assoc. PO Box 512 San Juan Capistrano, CA 92693 Attn: President 9. Entire Agreement This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed on the day and year first hereinabove written. LICENSOR: CITY OF J APISTRANO, a icipal or o a ' n B If Joe oto ATTEST: M or arg ret R. Monahan ity Jerk APPRO D AS ORM: By: J hn Shaw ity Attorney LICENSEE: SJC Chamber of Commerce By-4�� LICENSEE: Old Ca 'strano Merchants A s9c. 0 0 CITY CLERK'S DEPARTMENT-ACTION REMINDER TO: Douglas Dumhart, Economic Development Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: January 17, 2005 SITUATION: At their meeting on February 17, 2004 the City Council of the City of San Juan Capistrano approved a license agreement with Old Capistrano Merchants Association for the use of the green downtown street light lampposts for the purpose of displaying architectural banners. ACTION REQUESTED: Said Agreement states services shall be completed by February 17, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: Q SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: / 31 "'FOR CITY CLERK'S DEPARTMENT USE ONLY' Tickler Date: 01/17/05 Deadline Date: 02117/05 cc: Department Head (600.301old capistrano) CERTIFICA-1 t.. OF LIABILITY INSURAWE Ds%Z8/o PRODUCERA lied Specialty Insurance, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 10451 Gulf Blvd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Treasure ISlarid, FL 33706 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORD S BELOW- 800/237-3355 INSURERS AFFORDING COVERAGE NAIC 0 INSURED San Juan Capistrano Chamber INSURERA T.H.E. Insurance Company of Commerce INSURER B. 31781 Camino Capistrano, Suite 306 INSURERC: San Juan Capistrano CA 92675 INSURER D: NSURER E: THE POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY WAVE BEEN REDUCED BY PAID CLAIMS. NSRI POLICY NUMBER POUCVEFFECTIVE POUCYEXPRIATION AMMOODU LIM1111 GENERAL LIABILITY EACH OCCURRENCE S 1,000, 000 X COMMERCIAL GENERALLIABILITYM3LF7431 03/15/03 03/15/04 MAGE TO RENTED - S CWMSMADE OCCUR MED EXP one non S PERSONALSADVIWURY 3 1, 000, 000 GENERALAGGREGATE S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG 5 1,000,000 1 17 POLICY PRO' LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f ANY AUTO (Ee auitlMp ALL OWNED AUTOS BODILY INJURY f SCHEDULED AUTOS (Per p~) HIREDAUTOS BODILY IWURY t NON-OWNED AUTOS (Per ecdE 'P- PRO v f (Per GARAGE L IMILTLY AUTO ACC ANYAUTO OTHER RACC AUTO ORLY' I AGO r38 NMBRELU LIABILITY EACHOZXJ ENGE T OCCUR CLAIMS MADE AGGR - b DEGUCTIBLE z RETENTION { CV WORKERS COMPENSATION AND WC STATII EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER,EXECUTIVE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE f SYee,tlaadibe antler E.L.DISEASE-POLICY LIMB OTHER DESCRIPTIONOFOP TIONSILOCATIONSIVEHICLES/EXCLUSIONSADDEDBYEWMEMENTISPECIALPROVISIGNS NAMED ADDITIONAL INSUREDS : COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF SAN JUAN CAPISTRANO, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 *ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED ONLY* (ENDORSEMENT TO POLICY IS BEING PROCESSED & WILL BE FORWARDED ONCE COMPLETED) EVENT: FARMERS' MARKET CERTIFICATE HOLDER CANCELLATION COMMUNITY DEVELOPMENT AGENCY AND SHOULD ANY OF WE MOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THE CITY OF SAN JUAN CAPISTRANO, CA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAX. 30 DAYS WRITTEN 32400 PAS EO ADELANTO NOTICE TO WE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SRALL SAN JUAN CAPISTRANO, CA 92675 _ MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON WE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ACORD CORPORATION 1988 Sep 05 2003. 3a06PN ALLIED SPECIALTY INSURRNC 7P7-367-1407 p. 2 POLICY NUMBER: OOM3LF7431 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS OR OTHER INTERESTS _FROM WHOM LAND HAS BEEN LEASED- This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHERUkE Designation of Premises (Part Leased to You): 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CSA 92675- Name of Person or Organization: COMMUNITT DEVELOPMENT -AGENCY AND THE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no-entry-appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN- WSURED{Section--fly is-anrerrdedto- - This-rnsurancedoesnotapplyto- include as an insured the person or organization 1. Any "occurrence" which takes place after you shownintheSchedule hutnnlyyvithrespeuto liability cease to lease that land: arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the 2- Structural alterations, new construction or Schedule and subject to the following additional demolition operations performed by or on behalf exclusions: of the person or organization shown in the Schedule, ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED ONLY PERTAINING TO THE FARMERS MARKET CG 20 24 1185- Copyr-ight, Insurance Services Office, Inc., 1984 0 AC�RD� CERTIFICAiOF LIABILITY INSU7 NCE 5;�3�005 PRODUCER Three County Insurance b7rvices THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 106 N- El Camino Real ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Clemente CA 92672 INSURERS AFFORDING COVERAGE INSURED INSURERA Travelers Insurance Co. San Juan Capistrano Chamber of Commerce i INSURER B. INSURER C: 31781 Camino Capistrano #306 INSURER D: San Juan Capistrano INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY FFECTIV DC EXPIRATION LTR DATE MM/DD/YY DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any anefire) $ 50, 000 CLAIMS MADE O OCCUR MED EXP(Any one Person) $ 5—, 06-0- A r000A X-660-9840A258-TCT-05 4/2012005 4{2012006 PERSONAL ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE UMIT APPLIES PERI PRODUCTS-COMPIOP AGG § 2, 000, 000 X POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Eaa idem) § ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per aooldant) PROPERTY DAMAGE $ (Per aoaldw) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR r]CLAIMS MADE AGGREGATE $ E DEDUCTIBLE $ RETENTION $ E WORKERS COMPENSATION AND TORYLIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMIT E OTHER DESCRIPTION OF OPERATIONS10CATIONS/VEHICLESIEXCLU&ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED. PLEASE SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT, CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO'AND CITY OF SAN DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN JUAN CAPISTRANO REDEVELOPMENT AGENCY NOTICE TOTHE CERTIFICATE HOLDER NAMED 701HE LEFT,BUT FAILURETO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR 32400 PASEO ADELANTO REPR E s. SAN JUAN CAPISTRANO CA 92675 AllTNO ED REP ENTATIVE ACORD 25-S(7197) ©ACORD CORPOR 1988 N:LPW OAS on 5/13105-16:16 by UsarName LP:LPW OAS on 511305-16:16 by UserName PF 0.0.1 Policy # X-660-9840A258-TCT-05 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano City of San Juan Capistrano Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Autho RhWesentative Copyright,Insurance Service Officc,Inc., 1984 CG 20 10 1185 05/13/2005 • �V • / V MEMBERS OF THE CITY COUNCIL DIANE L.BATHGATE I JOHN S.GELFF Ji WYATT HART 32400 PASEO ADELANTO JOE SOTO SAN JUAN CAPISTRANO,CA 92675 y mtagvAAAAFA DAVID M.SWERDUN (949)493-1171 AnaeusAfA 1961 (949)493-1053 FAX 1776 CITY MANAGER wwwsanjuancapistrano.org '/,y DAVE ADAMS February 20, 2003 y Old Capistrano Merchants Association PO Box 512 San Juan Capistrano, CA 92693 Attention: President On February ", 2004 the City Council approved a license agreement for use of the green downtown street light lampposts for the purpose of displaying architectural banners. An original executed agreement is enclosed for your records. Thank you for forwarding current evidence of insurance as required by the agreement. Please be aware that the General Liability policy documentation that we have on file is due to expire on March 15, 2004. This documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, Me ona an, CMC Ci Clerk enclosed: Agreement cc: Douglas Dumhart, Economic Development Manager Chamber of Commerce, Verllaine Crawford, 31781 Camino Capistrano #306 San Juan Capistrano: Preserving the Past to Enhance the Future 2/17/2004 AGENDA ITEM D 9 TO: Dave Adams, City Manager FROM: Douglas Dumhart, Economic Development Manager SUBJECT: Consideration ofthe Old Capistrano Merchant Associations(OCMA)Request to Hang Banners on the Downtown Light Poles. RECOMMENDATION: By motion, approve the license agreement with OCMA for use of City light poles to hang banners. SUMMARY: In order to foster an expanded sense of community and pride in downtown San Juan Capistrano, the Old Capistrano Merchants Association (OCMA)would like to propose for review and approval by the City Council a program to hang banners on select green lampposts in the downtown area. OCMA's request has been provided as Attachment 1 to this report. Banners would be made to be the same size or smaller than the current US flags that are placed on the green lampposts by the Boys Scouts during regular holidays and special events. The banner pole would be designed to insert into the same socket on the lampposts that are currently used by the Boys Scouts. The banners would be made of a similar material as the US flags provided by the Boy Scouts,who will put up and take down the banners during specific times of the year. Artwork on the first set of banners would have a theme of Shop and Dine in San Juan Capistrano. The background would be a tasteful representation of life in San Juan with colors matching the new requirements set forth by the city of San Juan Capistrano. A graphic depiction of the banner has been provided as Attachment 2 to this report. All banners would have to be pre-approved by the Planning Director to insure they meet the minimum requirements, reflect the pride, enhance the beauty, and match the rich history of our city. The OCMA will insure that the banner type and design will comply with SJCMC Section 9-3.543 Signs (e) Permitted Signs (18) Architectural Banners of Title 9. FOR CIN COUNCILAGENDA.C:k Agenda Item February 17, 2004 Page 2 The plan would include installing banners on no more than 30 green lampposts in the downtown district. A may showing the locations of banner placement is provided as Attachment #3. Further expansion of the Banner Program to include the additional 40+ green lampposts that are available would occur at a later time, only with the approval by city council. Additional sets of banners for the Banner Program will be designed based on special occasions and will again need approval by the Planning Director before they are installed. FINANCIAL CONSIDERATIONS: OCMA will pay for the banners and over see all financial aspects of the Banner Program. There would be no direct cost by the City of San Juan Capistrano. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: The Planning Commission held a public hearing on January 27, 2004 regarding the request. The Commission unanimously approved the request with the recommendation that the one year license return to the Commission for evaluation before any renewal and that changes to the banner include Design Review Commission input. NOTIFICATION: Old Capistrano Merchants Association (OCMA) Chamber of Commerce *Notice of this meeting was published in the January 15, 2004 O.C. Register. ALTERNATE ACTIONS: 1. By motion, approve the license agreement with OCMA for the use of City light poles to hang banners. 2. By motion, approve the license agreement with OCMA for the use of City light poles to hang banners; subject to modifications. 3. By motion, deny OCMA's request to hang banners on City light poles in the downtown area. 4. Continue this item to a future meeting. Agenda Item February 17, 2004 Page 3 RECOMMENDATION: By motion, approve the license agreement with OCMA for use of City light poles to hang banners. Respectfully submitted, Douglas D. Dumhart Economic Development Manager Attachment 1: Letter from OCMA Attachment 2: Graphic of banner Attachment 3: Map of banner locations Attachment 4: SJCMC Section 9-3.543 Signs (e) Permitted Signs (18) Architectural Banners of Title 9 Attachment 5: License and Indemnity Agreement w/OCMA 0 0 OLD CAPISTRANO MERCHANTS ASSOCIATION PO BOX 512 SAN JUAN CAPISTRANO, CALIFORNIA 92693-9998 Proposal for Downtown Banner Program Proposal In order to foster an expanded sense of community and pride in downtown San Juan Capistrano, the Old Capistrano Merchants Association(OCMA)would like to propose for review and approval by the City Council a program to hang banners on select green lampposts in the downtown area. This Banner Program for the downtown is meant to supplement the positive sense of community that has been created by the Boy Scouts hanging of US flags throughout the city,and at the same time enhance the beauty and character of our historic downtown. Type of Banner Banners would be made to be the same size or smaller than the square footage of the current US flags that are placed on the green lampposts by the Boy Scouts during regularly holiday's and special events. The banner pole would be designed to insert into the same socket on the lampposts that are currently used by the Boy Scouts. The banners would be made of a similar material as the US flags provided by the Boy Scouts. Artwork on first set of banners would have a theme of Shop and Dine in San Juan Capistrano. The background would be a tasteful representation of life in San Juan with colors matching the new requirements set forth by the city of San Juan Capistrano. All banners would have to be pre- approved by the City Manager's department to insure they meet the minimum requirements, reflect the pride,enhance the beauty,and match the rich history of our city. The OCMA will insure that the banner type and design will comply with SJCMC Section 9-3.543 Signs(e) Permitted Signs(18)Architectural Banners of Title 9. Additional sets of banners for the Banner Program will be designed based for special occasions and will again need approval by the City Manager's department before they are installed. The OCMA will work closely with the City Manager's department during the complete process of designing each set of new banners to minimize wasted costs and to insure a consistent and successful team effort between the city and the OCMA. ATTACHMENT Number of Banners The plan would include installing banners on no more than 30 green lampposts in the downtown district. Further expansion of the Banner Program to include the additional 40+green lampposts that are available would occur only with the approval by the City Council at a later date. When Banners will be Placed and the Length of Time They Will Stay Up The Boy Scouts install the US flag between 5-7 times per year. These flags are put up and taken down at different times based on the dates of holiday's and events and the availability of the Boy Scout's and their leaders. The OCMA will coordinate with the Boy Scouts for them to either put up banners as the US flags come down or remove the OCMA banners when the US flags go up. This coordination will yield two positive results: 1. It will reduce by 50%the labor required,since the Boy Scouts will either install or remove the banners each time they put up or take down their flags. 2. This will provide the OCMA with flexibility on when banners will be placed. 3. This will insure positive teamwork between the Boy Scouts and the OCMA. The OCMA plans to limit the amount of time that banners will be hanging from the green lampposts. Our goal is to limit the amount of"hang time"to six weeks total,during every 3 month period,based on calendar quarters. This flexibility allows the OCMA to work with the city to have banners up during important events,and at the same time limit the total time OCMA banners are installed to less than 50%of the total year. The OCMA will again coordinate with the City Manager's office to insure that we are within the guidelines and wishes of the city. The City Manager's office will be able to control specific times that banners should be removed. The OCMA will make every effort to respond to special city requests to take banners down within 72 hours of notification by the City Manager's department. Ongoing Approval of the Banner Program The OCMA understands that the Banner Program,as with any other change approved by the city, may need to be expanded,modified,or discontinued based on the success or failure to improve the environment of San Juan Capistrano. Our combined goal with the Banner Program will be to enhance the beauty,history,and financial success of our city. At the same time we all hope this program will instill a deeper pride and a better sense of community to our residents. Indemnification The OCMA will indemnify the City from any mishaps associated with the banner program. The OCMA will secure insurance for the banner program and will provide such documentation to the City. Summary The OCMA would like to thank the City Council and the dedicated city employees that have assisted us in preparing this proposal. We look forward to your feedback and approval of the OCMA banner program. Submitted by, Bob Rudy OCMA Member and Chairman of Capistrano Beautiful H O P i f e�� San Juari CapYstraT� o THE CITY OF SAN JUAN CAPISTRANO a ! r P W E $ tet'�. 1,Y ` I ..J t( r t r 3 L -- i ELAUJK/� � .' l g ; t r { Project Location STpNEMl` City Boundary w Streets Creeks 0 3000 6000 Feet ATTACHMENT San Juan Capistrano Municipal Code Section 9-3.543 Signs(e) Permitted Signs (18)Architectural banners. (9) Permanent subdivision signs. A maximum of two (2)permanent signs used to denote the main entrance for a residential development shall be permitted.Each sign shall not exceed thirty- two (32) feet in sign copy area or six (6) feet in height. (III)Total height of a ground-mounted sign and supporting structure shall not exceed six (6) feet. ATTACHMENT 4 • • LICENSE AND INDEMNITY AGREEMENT FOR USE OF CERTAIN PUBLIC PROPERTY This License Agreement(the"Agreement") is made this 17T"day of February, 2004 by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter referred to as "Licensor," and the Old Capistrano Merchants Association, hereinafter referred to as "Licensee." Licensor and Licensee mutually agree as follows: 1. License to Use Certain Public Property. Licensor hereby grants to Licensee a license right to use certain public property described as the Green Downtown Street Light Lampposts (the "Property") for the purpose of displaying architectural banners. Licensee shall not use the Property for any other purpose. 2. Term. This Agreement shall be for a period of One (1) year(s) beginning from the date listed above. Licensor reserves the right to terminate this License Agreement by giving Licensee thirty(30)days'advance written notice of termination.This Agreement may be terminated without cause. Licensee shall have the same right to termination. 3. Insurance Requirements. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. i) Comprehensive General Liability. Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. ii) Worker's Compensation. Licensee shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law if anyone is employed by the Licensee under the scope of this agreement. iii) Proof of Insurance Requirements/Endorsement. Prior to beginning any use of public property under this Agreement, Licensee shall submit the insurance certificates, including the deductible or self- ATTACHMENTS retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies to the City Clerk's Office for certification that the insurance requirements of this Agreement have been satisfied. iv) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 4. Damage to Property. Licensee shall be liable for and shall pay to Licensor the cost of any damage of any kind whatsoever to lampposts and any other property of Licensor, including loss of use thereof, arising from or in any way related to (1)the acts or omissions of Licensee or Licensee's Representatives,or(2)any breach by Licensee of any of its obligations under this agreement, except for the portion, if any, of any of the foregoing which are held by a court of competent jurisdiction to have been caused solely by the gross negligence or wilful misconduct of Licensor. Neither Licensee or any of Licensee's Representatives shall remove any property of any type from the Property without the express prior written consent of Licensor. 5. Third Party Property Damage or Personal Injury. Licensor and the other "Indemnitiees"(described below)shall not be liable for any damage of any kind whatsoever to any property belonging to or used by Licensee under this agreement, including loss of use of any such property, or for any injury of any kind whatsoever to any person from Licensee's Property under this agreement, arising from any cause whatsoever, and Licensee hereby waives all claims and demands relating thereto. 6. Hold Harmless and Indemnification. Licensee agrees to protect, defend and hold harmless Licensor, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to any property or interference with use of property and for errors and omissions committed by Licensee arising out of or in connection with the work, operation, activities or use of Licensor's property by Licensee, its agents, employees and subcontractors in carrying out its obligations under this agreement. 7. Assignment. Licensee shall not transfer, encumber, or assign this Agreement in whole or in part,whether voluntarily or involuntarily, nor sublet all or any part of this Agreement. 8. Notices. Any notices required to be given under this Agreement shall be sent to the following parties: Licensor: Licensee: City of San Juan Capistrano SJC Chamber of Commerce. 32400 Paseo Adelanto 31781 Camino Capistrano San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Attn: Economic Development Manager Attn: President Licensee: Old Capistrano Merchants Assoc. PO Box 512 San Juan Capistrano, CA 92693 Attn: President 9. Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed on the day and year first hereinabove written. LICENSOR: CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation By: Joe Soto ATTEST: Mayor By: Margaret R. Monahan City Clerk APPROVEAD AS TO FORM: By: q1 4� John Shaw Cify Attorney LICENSEE: SJC Chamber of Commerce V, LICENSEE: Old Capistrano Merc ants Assoc. a _ MEMBERS OF THE CITY COUNCIL Y DIANE L.BATHGATE JOHN S.GELFF WYATT HART 32400 PASEO ADELANTO JJl JOE SOTO SAN JUAN CAPISTRANO,CA 92675 ' mf➢R10AAt(0 DAVID M.SWERDLIN (949)493.1171 asaMusaao 1961 (949)4931053 FAX 1776 CITU MANAGER www sal/juancapisb'ano.oYi 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 February 17, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of the Old Capistrano Merchant Associations (OCMA) Request to Hang Banners on the Downtown Light Poles" — Item No. D9 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, February 16, 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 Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.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(a)sanivancapistano.oro. Meg Monahan, CMC City Clerk cc: Old Capistrano Merchants Association; Chamber of Commerce; Douglas D. Dumhart, Economic Development Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future