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08-0618_URBAN LAND INSITUTE ORANGE COUNTY DISTRICT COUNCIL_Technical Advisory Panel AgrULI-the Urban Land Institute Orange County District Council Technical Advisory Panel Agreement This Agreement constitutes a binding contract between the City of San Juan Capistrano "Sponsor' and '4k ULI-the Urban Land Institute Orange County District Council "District Council." The Sponsor wishes to obtain planning and development advice and recommendations from the District Council regarding the proposed Ortega Higtr way freeway off -ramp configuration and the potential land use impacts on the adjacent properties (5xhiblt A Scope of Work). Pursuant to this Agreement, the District Council agrees: 1. To organize one Technical Advisory Panel of persons composed of members of the Institute, who collectively have varied and broad experience and knowledge applicable to the particular problems to be considered, including the planning, development and redevelopment of land and the ownership, management and financing of real property. 2. To work with the sponsor to arrange for the panel members to visit the location upon which its recommendations are sought. During that time the panel, directly and through its staff, will study the designated area; consult with public and private officials, representatives of other relevant organizations, and other individuals familiar with the problems involved; and prepare its report, conclusions and recommendations which will be presented to the Sponsor and its invited guests in oral form at the dose of the assignment. 3. To provide the Sponsor with a PowerPoint report of the study at the dose of the Technical Advisory Panel, its conclusion and recommendations. To provide a final written report eight weeks after the completion of the panel. 4. Panelists are screened to avoid potential conflict of interest. The Sponsor agrees, at its expense: 1. To fumish each panel member with such pertinent background data in the form of reports, plans, charts, etc., as may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. 2. To arrange, insofar as possible, to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on specific matters relevant to the assignment as may be necessary and advisable. 3. To arrange for the panel members to visit the study site at sponsor's expense. To provide transportation and guides to be used by the panel for any necessary inspection of the study area and its environs. 4. To pay the District Council a fee of $12,500 for the services of developing a scope of work, screening and securing the TAP chair and participants, coordinating and managing the Technical Advisory Panel, and obtaining a final written document of the advice and recommendations. ULIOC Technical Advisory Panel Agreement Page 2 It is understood that the fee paid by the Sponsor to the District Council will also be used to cover administrative costs of the panel preparation and to support and encourage the Institute's research and educational programs. The Sponsor may make such use of the report as they may deem desirable. It is further understood that the Institute may make such use of the report prepared of the panels findings and recommendations as it may deem desirable, and the Sponsor herewith specifically agrees that the Institute may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. ULI shall not be responsible for damages of any kind arising from the performance of services under this agreement, unless such damages arise from gross neglect on the part of ULI. ULI's aggregate liability for damages of any nature shall be limited to the amount of the fee under this agreement. City of San Juan Capistrano ULI - the Urban Land Institute Orange County District Council David Adams, City Manager, F)<Zc • Phyllis B. Alzamora, Executive Director Signature Signa Date Date Approved As To Form: Omar Sandoval, City Attorney I1Ng2ACPun521 Joan Gladstone, Chair, ULI Orange County District Council d a J joxjka� Sig to S' If,L�L�� Gds/oma Date Date Exhibit "A" Scope of Work Background: The Urban Land Institute Orange County District Council provides Technical Advisory Panels (TAP) on local land use issues for cities and public agencies within Orange County. To ensure objectivity panel members cannot be involved in matters pending before or be working for the San Juan Capistrano Community Redevelopment Agency (hereinafter the "Sponsor") and cannot solicit work from the Sponsor during the panel's assignment period. The TAP Program provides the public sector with a tool to solve complex real estate and land use problems in a uniquely objective way. At the same time, TAP provides District Council members a means to give back to ULI and their local communities. ULI members volunteer to serve on a panel and are not compensated for their time. No member of the panel has a conflict of interest, real or perceived, by serving on the panel. The panel's recommendations are unbiased, objective, and cannot be modified substantively once given to the Sponsor. All panel assignments promote ULI's mission of providing responsible leadership in the use of land and in creating and sustaining thriving communities worldwide. A project of this scope and magnitude has its own set of challenges and opportunities. A team of professionals within the land use industry will be assembled by ULI Orange County District Council to study the project sites and make recommendations to the Sponsor. Technical Advisory Panel: ULI Orange County District Council will conduct a Technical Advisory Panel in consultations with the city staff. Initial findings and recommendations will be presented on the conclusion of the TAP to the Sponsor. A PowerPoint presentation will be delivered to the Sponsor at the conclusion of the TAP session. A final written TAP report will be delivered to the Sponsor eight weeks after the completion of the TAP session. ULI Orange County is uniquely positioned to assist the Sponsor with a Technical Advisory Panels to look at the proposed Ortega Highway freeway off -ramp configuration and the potential land use impacts on the adjacent properties. A one -day TAP session will be convened for a fee of $12,500, which covers expenses related to the panel including ULI staff time to prepare for and conduct the panel and for creating the final written report of findings and recommendations. The TAP is tentatively scheduled to be hell on June 26, 2008 as agreed upon by ULI Orange County and City staff. The Sponsor in coordination with ULI Orange County District Council will develop a series of well-defined questions (four to five specific Pagel of3 questions) specific to the panel's area of focus that the Sponsor would like the panel to address. The scope of the assignment should be such that the panel can adequately address the issues within the designated timeframe of a one -day TAP session. TAP Framework: Prior to the panel convening, the Sponsor prepares and distributes briefing materials to the panelists. The typical components of the panel include: • Tour of the study area. • Sponsor briefing that may include presentations and discussion with the Sponsor representatives and appropriate stakeholders. • Full-day working session by the panel to develop recommendations. • Presentation of the panel's recommendations to the Sponsor and its representatives (public or private). Selecting an Assignment: To help the District Council determine if an assignment is appropriate, the Sponsor should provide preliminary background information to ULI Orange County. The request must meet the following criteria: • The assignment can be completed within the designated timeframe of each TAP session. • There is expertise within the District Council membership to address the issues. • The assignment meets ULI's mission. Sponsor should be aware that ULI does not endorse projects nor does ULI advocate on behalf of organizations or issues. The TAP program is not a certification process; rather it is designed to provide constructive advice. Once an assignment is selected for a TAP, representatives from the District Council will meet with the Sponsor staff to discuss both logistical and programmatic aspects of the assignment. Specifically, these include: • Expectations on both the part of the Sponsor and ULI; • Developing four to five specific questions for each panel to address; • Timing; • Briefing materials; • Agenda; • Roles and responsibilities; • Expertise needed for the assignment. A contact person from the ULI Orange County District Council will be designated who will provide the primary means of communication to the Sponsor during and after the planning process. Page 2 of The TAP Panel ULI Orange County District Council staff and the TAP Program Committee will develop a list of prospective panelists for the Sponsor to approve. It is critical that the panel bring total objectivity to the Sponsor. Panelists include ULI members with relevant expertise related to the assignment for each specific TAP session. Panelists will represent a cross-section of disciplines (planner, architects, financiers, developers, market analysts, members of the public sector, etc.) in order to provide the Sponsor with well-rounded recommendations. All panelists are screened for conflict of interest. A ULI member, who has served on a past advisory panel, chairs the session and leads the group to develop findings and recommendations. The TAP Product Deliverable(s): The panel will present its findings and recommendations at the end of the panel session; and, A PowerPoint presentation with the panel's findings will be delivered to the Sponsor at the end of the panel session; and, A final written TAP report will be delivered to the Sponsor eight weeks after the completion of the TAP session. Page 3 of 3 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 1" www.sanjuancapistrano.org TRANSMITTAL TO: Ali Taghavi Urban Land Institute One University Drive Orange, CA 92866 DATE: June 19, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Technical Advisory Panel Agreement MEMBERS OF THE CRY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO An original agreement is enclosed for your records. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager at (949)443-6316. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper Client#: 6145 URBALAN ACORD- CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 05510 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aimfleld Harrison & Thomas Inc Nal Profits ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 20 S. King St POLICY TION Leesburg, VA 20175 INSURERS AFFORDING COVERAGE NAIL 8 INSURED Urban Land lnstldrte 1025 Thomas Jefferson Street NW Washington, DC 20007 INSURER A Great American Insurance Company INSURER B: INSURER C: INSURER D: MURER 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 PAR) CLAIMS. LTR OMANCE POLICY NIREER POLICY POLICY TION LITS AY GLP6364856 07/31/07 07/31/08 EACH OCCURRENCE S1,000,000 GENERALLIABIUTY- DAMAGE TO RENTEDPREMISES M, 5360 QDO MADEOCCUR r.= MED EXP (My orro pwaon) $10,000 PERSONA. &ADV HAIRY 57000000 G84EM AGGREGATE s2,000,000 E LIMITECT APPLIES PER. PRODUCTS-COMPIOPAGG $2000000 PRP LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 ANY AUTO (En aodUen) BODILY INAIRY ALL OWNED AUTOS SCHEDULED AUTOS (� PrATCA) f BODINJURY $ HIRED AUTOS NON -OWNED AUTOS P'er ecc denQ W PROPERTY DAMAGE $ (Per Acc-wQ GARAGE LINWLGY AUTOONLY-EAACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTOONLY: AGO f A EXCESSAXAG RE LA LIABILITY SPP36,1855 07/31/07 07/31/08 EACH OCCURRENCE $10 000 000 X OCCUR El CLAIMS MADE AGGREGATE $t0000000 f f DEDUCTIBLE f X RETENTION $10000 0rH- rroRla3m COMPEISIATMN AND 11&8=1 E.L. EACH ACCIDENT f EMPLOYE2S LIABIUDY ANY PROPRIETOR)PARTNERIEXECUTIVE E.L. DISEASE EA EMPLOYEE $ OFFICERMEMBER EXCLUDED? S YaF. tlaeRWe ILIQBf SPECIAL PROVISIONS b EL. DISEASE - POLICY LIMIT 5 OTHER OESCRPIIOM OF OPEGTNINB I LOCATIONS I VEHICLES IEfCLUSIDW ADDED BY ENDORS9ENTI SPECIAL PROVISIONS Event held June 2S, 2008 City of San Juan Capistrano AxY OF THE ABOVE DESCRIBED TroLLCREs BE cAxcEUED �FDRE THE EXPBRATaN ENDEAVOR TO MNL �n DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FNLIIRE TO DO SO SHALL OR LIABILITY OF ANY MND UPON THE INSURER, ITS AGENTS OR 1 Of 2 #S122662fM112417 - CAR 0 ACORD CORPORATION 1988 Clientlf: 6145 URBALAN ACORD CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH o5MR108°""�"' RRODUCBR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armfield Harrison 8 Thomas Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Non Profits HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 20 S. King SL A Leesburg, VA 20175 INSURERS AFFORDING COVERAGE NAIC N INSURED Urban Land Institute 1025 Thomas Jefferson Street NW Washington, DC 20007 INSURER A Great American Insurance Company wsuRER B: INSURER C : INSURER D: INSURER E: X COMMERCIAL GENERAL LMILRY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREM ENT, 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 PAN) CLAIMS. NM TYPE OF INSORANOE POLICY NUMBER POLICY EF DATE E%PIRATONLM Lam A GENERALUABurY GLP6364856 07/31/07 07/31/08 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LMILRY DAMAGE TO RENTED $300 ,000 MED E% (" me proem) $10,000 CAMS MADE a OCCUR PERSONAL &ADV KJURY $1,000,0110 GENERAL AGGREGATE $2.000.0W GENU AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $2000000 POLICY El PRO-jECT El LOG AUTGIIOBME LIABNITY COMBINED SINGLE LIMB $ ANY AUTO (Ee eccam) BODRY INJURY $ ALL OWNED AUTOS SCHEDULEDAUTOS (PBT pBB4") BODILY INJURY $ MIRED AUTOS NONdWNED AUTOS (Pa �) PROPERTY DAMAGE $ (Per aorJam ) GARAGE UABILRY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC f ANY AUTO AUTO ONLY: AGG $ A E CEsenOML'tB A LIABILITY SPP364855 07/31107 07/31/08 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 X OCCUR EICLAIMS MADE $ $ DEDUCTIBLE $ X RETENTION $ 10000 WORI�ERS COYPBBATow AND 1,MSTAAI OTH- ER EL. EACH ACCIDENT $ EMPIDYERV LIABIJIY ANY PROPRETOR,PARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERMEMBER EXCLUDED? Dae. SPECIAL ROIAL PRo VISpNa bebW E.L. DISEASE -POLICY LIMIT I $ OTHER OEBCRPROM OF OPERATIONS I LOCATIONS I VfS11CLE8I EXCLUSIONS ADDED BY EIOORSEIENT I SPECIAL PROVISIONS Event held June 26, 2008 City of San Juan Capistrano ACORD 25 (20011081 1 of 2 9912266211111112,117 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILLENDEAVOR TO MNL `UI _ DAYS WRRTEN E TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT, BUT FAILURE TO DO SO SHALL NO OBLIGATION OR UARLITY OF ANY IINO UPON TME INSURER, ITS AGENTS OR CAR 0 ACORD CORPORATION 1968 Client#: 6145 URBALAN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDENYYYY) rev6/11/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armfield Harrison & Thomas Inc Non Profits ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 20 S. King St. DATE MM/DD/YY DATE( MIDD I Leesburg, VA 20175 INSURERS AFFORDING COVERAGE NAIC # INSURED Urban Land Institute 1025 Thomas Jefferson Street NW Washington, DC 20007 INSURER A: Great American Insurance Company INSURER B: Hartford Ins. INSURERRER C: INSUD: INSURER E: EACH OCCURRENCE $1000000 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. LTR NSR TYPE OF INSURANCE POLICYNUMBER DATE MM/DD/YY DATE( MIDD I POLICY EXPIRATION DATE MM/IR LIMITS A GENERAL LIABILITY GLP6364856 07/31/07 07/31/08 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS MADE FxI OCCUR MED EXP (Any one person) $10,000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY PEO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO E. accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY'. AGG $ A EXCESS/UMBRELLA LIABILITY SPP364855 07/31/07 07/31/08 EACH OCCURRENCE $10000000 AGGREGATE $10,000,000 X OCCUR F—I CLAIMS MADE E $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND 42WBGG01614 07/31/07 07/31/08WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,00-0,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? liyes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Event held June 26, 2008 ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1 of 9 f _Q199AA9/M119A17 CAD © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S 12001/011 9 of? *Qf99RR91M119A17