03-1118_DANA POINT, CITY OF_AgreementAGREEMENT FOR SHARED COSTS OF TRAFFIC SIGNAL FACILITIES AT
BLUE FIN DRIVE AND DEL OBISPO STREET BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE CITY OF DANA POINT
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This AGREEMENT ("Agreement) is entered into this �� ` day of
2003, by and between THE CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation ("SJC"), and THE CITY OF DANA POINT, a
California Municipal corporation ("DP"). SIC and DP are hereafter together referred to
as the "Parties" and each individually as a "Party".
RECITALS
Whereas, this Agreement concerns traffic signal facilities currently in operation at
the intersection of Blue Fin Drive and Del Obispo Street (the "Signals"). A map of the
property in the area of the Signals is attached hereto and incorporated herein as Exhibit
"A"
Whereas, DP owns and maintains the westerly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (collectively, the "DP Property").
Whereas, SIC owns and maintains the easterly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (the "SJC Property").
Whereas, the Signals are currently in operation at the intersection of Blue Fin
Drive and Del Obispo Street at the boundary of SIC and DP. A portion of these traffic
signals is physically in DP. Following DP's incorporation as a city and prior to this
Agreement, SIC has been the sole bearer of the costs of maintenance and operation of the
Signals.
Whereas, SIC and DP desire to mutually share in the costs of maintenance and
operation of said Signals, from this point forward as set forth in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals and the Mutual
Covenants set forth herein, and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.0 MAINTENANCE AND OPERATION OF THE SIGNALS
1.1 Recitals
The recitals set forth above are incorporated herein by this reference.
1
1.2 Shared Cost for Maintenance and Operation
SIC and DP agree to mutually share, on an equal basis, the reasonable costs of
maintenance and operation of the Signals. Costs may include, but are not
limited to, electricity, routine maintenance, repair maintenance, and all other
miscellaneous costs associated with the signal timing and operation.
1.3 Contract Administration
SIC shall be responsible for contract administration, to include preparation of
a quarterly billing to DP for one half the total cost of maintenance and
operation of the Signals. SIC shall send the billing for the Signals to DP at
the address listed in the notice section below. SIC agrees to provide all
information requested by DP in order for DP to determine whether the bills
are accurate and reasonable.
Mutual concurrence of both parties is required in the event that SIC would
desire to change the contractor for operations and maintenance.
1.4 Indemnification
As the party responsible for the actual operation and maintenance of the
Signals, SIC shall be solely responsible for costs of any claims, liability or
related defense costs, including attorney's fees, arising out of its own
performance of this Agreement. SIC shall indemnify, hold harmless and
defend DP and its officers, employees and agents from any claim or liability
arising out of SJC's operation of the Signals or SJC's performance of its
obligations under this agreement. DP shall only be responsible for any fault
or negligence that itself causes, and shall not be held liable for any fault or
negligence by SIC in the actual operation and maintenance of the Signals.
After consultation with DP, SIC shall employ any legal counsel deemed
necessary to defend an action arising out of this Agreement.
1.5 Mutual Cooperation Regarding Operation of Signal System
Both Parties anticipate that the Signal will periodically malfunction.
Accordingly, SJC agrees to cooperate with DP in receiving technical input
from DP as to appropriate technical adjustments that should be made to
promote the most efficient operation of the system for both Parties.
1.6 Term
This agreement shall last until it is amended or terminated by mutual consent
of the Parties thereto. This Agreement may also be terminated by either Party
upon thirty (30) days notice to the other Party.
2
2.0
1.7 Amendment
This Agreement may be amended by a written instrument executed and
acknowledged by each Party.
1.8 DP's Non -Responsibility for SJC Property
DP's sole responsibility under this agreement concerns the payment of its
share of the costs of maintenance and operation of the Signals at the location
of Blue Fin Drive and Del Obispo Street at the border of San Juan Capistrano
and Dana Point. It is understood that SJC retains jurisdiction and authority
over the SJC Property at all times and is solely responsible for all activities,
events, liabilities, and matters concerning the SJC Property other than DP's
actions undertaken pursuant to this Agreement.
2.1 Force Maieure
The time period specified in this Agreement for performance of services shall
be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Parties, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the Parties, if the delaying party shall within ten (10) days of the
commencement of such delay notify the other party in writing of the causes of
the delay. In no event shall SJC be entitled to recover damages against DP for
any delay in the performance of this Agreement, however caused. The
Parties' sole remedy shall be extension of this Agreement pursuant to this
section.
2.2 Notice
All notices, requests, demands, claims, and other communications hereunder
will be in writing and duly addressed to the parties as follows:
To DP: City of Dana Point
Attn: Director of Public Works and Engineering
33282 Street of the Golden Lantern
Dana Point, CA 92629
To SJC: City of San Juan Capistrano
Attn: Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
9
0
Unless otherwise specifically provided for herein, all communications
required to be given under this Agreement shall be in writing and (i)
personally delivered, or (ii) delivered by certified United States mail, or (iii)
by reputable document delivery service that provides a receipt showing date
and time of delivery. Notices personally delivered or delivered by document
delivery services shall be effective upon receipt. Notices delivered by mail
shall be effective at 5:00 p.m. on the second calendar day following dispatch.
2.3 Attorney's Fees
In the event that a dispute (with or without litigation) arises under this
Agreement, or either Party is required to bring an action against the other
Party for enforcement of its terms, the prevailing party in such action shall be
entitled to recover its reasonable attorney's fees and costs from the other
party.
2.4 No Partnership or Joint Venture
Nothing in this agreement shall be construed to create a partnership or joint
venture between the Parties with respect to the subject matter of this
Agreement.
2.5 Severability
In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
2.6 Authority of Signatories
The persons executing this Agreement on behalf of the Parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said
Parties and that by so executing this Agreement the Parties are formally bound
to the provisions of this Agreement.
APPROVED TO AS TO FORM: CIT
BY: BY:
J bn R. Shaw John
SIC City Attorney Mayor',
APPROVED TO AS FORM:
BY:
A. Patrick Munoz
DP City Attorney
CITY OF DANA POINT
BY:
William O��ss nmacher
Mayor
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ATTEST:
ATTEST:
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BY: BY7"jair
Sharon K. Street etInahan
DP City Clerk itv
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11/18/2003
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AGENDA ITEM
TO: Pamela Gibson, Interim City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of Agreement with the City of Dana Point for Shared Costs of
Traffic Signal Facilities at Blue Fin Drive and Del Obispo Street
RECOMMENDATION
By motion, approve the agreement with the City of Dana Point for shared costs of traffic
signal facilities at Blue Fin Drive and Del Obispo Street to replace the existing agreement
with the County of Orange; and authorize the Mayor to execute the agreement.
A. Summary and Recommendation
There are four (4) traffic signals at the intersection of Blue Fin Drive and Del Obispo
Street. This intersection is divided by the City boundary lines of San Juan Capistrano
and Dana Point (Exhibit A of new agreement). This situation results in two signals
physically in each city. The original maintenance agreement for these signals was
with Orange County. A new agreement needs to be entered into between the City of
Dana Point to replace the County agreement. Staff recommends the approval of this
agreement with Dana Point for shared costs (50/50) of maintenance and operation
of these signals.
B. Background
The previous agreement between San Juan Capistrano and the County of Orange
for this intersection (approved in 1976 - See Attachment 1) has not been updated
since the incorporation of Dana Point in 1989. Therefore, a new agreement has been
drafted and negotiated with the City of Dana Point for this intersection. The new
agreement provides for shared costs of the signal operations, including routine
maintenance and major repairs. Staff recommends approval of the new agreement.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
Approximate costs for maintenance and operation of this intersection are $150 to $200 per
month (electricity, telephone charges, and signal maintenance/cabinet repairs). This amount
F0? C;TY co!I ICIL AGENDAW
0
Agenda Item
Page 2
will be shared on a 50/50 basis with the City of Dana Point.
NOTIFICATION
Matt Sinacori, Deputy City Engineer
City of Dana Point "
. - Receives agenda item
ALTERNATE ACTIONS
0
November 18, 2003
By motion, approve the agreement with the City of Dana Point for shared costs of
traffic signal facilities at Blue Fin Drive and Del Obispo Street to replace the existing
agreement with the County of Orange; and authorize the Mayor to execute the
agreement.
2, Do not approve the agreement.
3. Return to staff for further information.
RECOMMENDATION
By motion, approve the agreement with the City of Dana Point for shared costs of traffic
signal facilities at Blue Fin Drive and Del Obispo Street to replace the existing agreement
with the County of Orange; and authorize the Mayor to execute the agreement.
Respectfully Submitted,
G����-vim"• �7" -
William M. Huber, P.E.
Director, Engineering and Building
W MH/JT
Pre d By,
Jill Thomas
Management Analyst II
Attachments 1. Agreement with Orange County (1976)
2. Location Map
3. New Agreement with City of Dana Point
0
�' o—AUNTY OF
o ti X71
H. G. OSSORNE
DIRECTOR
C. R. NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
! RECEIVED
Jnr+ 3 213N'17
GE CITY OF
ENVIRONMENTAL MANAGEMENT AG&U JUAtd
DEVELOPMENT DIVISION CA°ISTRA tdO
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CA. _
DEC 3 0 1976
Mr. William Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: Agreements Nos. D76-030 and D76-037
Dear Mr. Murphy:
TELEPHONE: 834-2300
AREA CODE 914
MAILING ADDRESS
P.O. e4S 1 ale
SANTA ANA, CA. 02702
FILE R 14055
Transmitted herewith is one (1) copy each of the fully executed above referenced
agreements between the City of San Juan Capistrano and the County of Orange,
providing for the installation and maintenance of traffic signals at the
intersection of Del Obispo Street and Blue Fin Drive.
Also attached is one (1) copy of Board of Supervisors Minute Order authorizing
County's execution of the agreements.
HEM:sr
Attachments: 1) Agreements (2)
2) Minute Order
Very truly yours,
K. E. Smith, Chief
Cooperative Projects
ATTACHMENT
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
December 14, 1976
6
IN RE: ADMINSTRATION AGREEMENT AHFP PROJECT NO. 794
HARBOR BOULEVARD CITY OF FULLERTON
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Arterial
Highway Financing Program Project Administration Agreement, dated
December 14, 1976, between the County of Orange and the City of Fullerton
for construction on Harbor Boulevard between Orangethorpe Avenue and
Valencia Driv•, Project No. 794.
IN RE: AGREEMENTS INSTALLATION OF TRAFFIC SIGNALS AT INTERSECTION
OF DEL OBISPO STREET AND BLUE FIN DRIVE CITY OF
SAN JUAN CAPISTRANO
On motion of Supervisor Clark, dull seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreements
dated December 14, 1976, between the County of Orange and the City of
San Juan Capistrano, providing for the installation and maintenance of a
traffic signal at the intersection of Del Obispo Street and Blue Fin Driv
as recommended by the Director of EMA in his letterdatedDecember 14, 19
IN RE: ADMINISTRATION AGREEMENT AHFP PROJECT NO. 703
MANSION AVENUE CITY OF HUNTINGTON BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Arterial
Highway Financing Program Project Administration Agreement, dated
December 14, 1976, between the County of Orange and the City of
Huntington Beach, for construction on Mansion Avenue between 360 feet eas
of Main Street and 6ihitesands Drive, Project No. 703. _
• TraffSignal.; and Lighting
Maintenance
A G R E E ME N T
�/p j
TH(�IS AGREEMENT, made and entered into this /�tIL day of -
O4pi„_.,. 1976, by and between:
CITY OF SAN JUAN CAPISTRANO
a municipal corporation, hereinafter
designated as "CITY", and _
'COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
designated as "COUNTY."
W I T X E S S E T H:
WHEREAS, CITY and COUNTY have various traffic signal and inter-
section lighting installations that are partially in area under
jurisdictionofCOUNTY and Partially in area under jurisdiction of
CITY; and
WHEREAS, CITY and COUNTY desire to specify the procedure for
equitably distributing the maintenance costs for said installations; and
WHEREAS, the provisions of Title 1, Division 7, Chapter 5,
Article 1, of the California Government Code entitled "Joint Powers
Agreements" authorize two or more public agencies to jointly exercise
any power common to the contracting parties.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. This agreement shall supersede all previous agreements
with respect to maintenance of traffic signals and intersection
lighting.
II. Routine maintenance work to be performed will include
contracting for and/or furnishing of, electrical energies and the
necessary repairs or replacements as required to insure a satis-
factory service. Installation of additional facilities is not a
maintenance function under the provisions of this Agreement.
III. The maintenance and operational costs for traffic signal
and intersection lighting installations shall be borne by the
parties hereto and shall be based on the actual maintenance and
operational costs incurred at each installation; CITY's share of
said cost at each installation shall be a sum, bearing the same
proportion to the total cost of maintenance, as the number of legs
D76-0 •
of highways under jurisdiction of CITY as the location involved,
bears to the total number of legs of highways at such location;
COUNTY's share of said cost at each installation shall be a sum,
bearingthesame proportion to the total cost of maintenance, as
the number of legs of highways under jurisdiction of COUNTY at
the location involved, bears to the total number of legs of
highways at such location. -
IV. .The minimum maintenance cost division at any intersection
under the terms of this agreement shall be based upon one half
(1/2) of one (1) leg of that intersection. A substantial portion
of the traveled way shall lie within the jurisdiction of the
agency concerned, wherever the above minimum "1/2 leg" division
is a part.
V. For purposes of determining the number of highway legs
applicable to each jurisdiction, the CITY. limits shall be as they
exist at the time the maintenance costs are incurred.
VI. The traffic signal and highway lighting installations at
which the cost of maintenance is shared by CITY and COUNTY, along
with the proportion of costs for each agency, are shown on
Exhibit "A", attached hereto and made a part hereof.
VII.. CITY will furnish, service and/or perform such maintenance
work as is specifically delegated to it, and COUNTY will furnish,
service and/or perform the work not otherwise assigned to CITY,.
all as shown on Exhibit "A" attached.
VIII. The maintenance responsibilities for all future cooperative
installations shall be borne by the COUNTY unless otherwise pro-
vided -for in the cooperative agreement for the installation.
IX. The agency assuming the maintenance responsibilities in
accordance with Section VI, VII, and VIII above will bill the other
involved agency, as provided for in this agreement, and will
promptly be reimbursed by the billed agency, for the appropriate
maintenance costs. Exhibit "A" of this agreement may be amended
as required for future traffic signal and highway lighting instal-
lations upon the mutual consent of the Assistant Director, Environ-
mental Management Agency, Development Division and the CITY
Engineer.
-2-
D76-6
X.
In theevent an annexation includes a portion of an
existing COUNTY installation, CITY will be responsible for costs
as outlined in paragraph III. Should all COUNTY legs of highway
at a -particular installation be annexed to CITY, then CITY shall
assume all maintenance responsibilities on the effective date of
the annexation, to CITY. CITY shall submit a revised copy of
Exhibit !`A., for approval by the Assistant Director of ENA,
Development Division within thirty (30) days of the effective
. date of said annexation.
'XI. It ismutuallyunderstood and agreed:
-(a) That neither COUNTY nor any officer or employee there-
of shallberesponsible for any damage or liability
occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITYunderthis agreement.
It is also understoodandagreed that, pursuant to Govern-
ment Code Section'895.4, CITY shall fully indemnify and
hold COUNTY harmless from any liability imposed for injury
(as defined by Government Code Section 810.8), occurring
by reason of anything done or omitted to be done by CITY-
, under or in connection with any work, authority or juris-
diction delegated to CITY under this agreement.
(b) That neither CITY nor any officer or employee thereof
shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by COUNTY
under or in connection with any work, authority or juris-
diction not delegated to CITY under this agreement. It is
also understood and agreed that, pursuant to Government
Code Section 895.4, COUNTY shall fully indemnify and hold
CITY harm less from any liability imposed for injury (as
defined by Government Code Section 810.8), occurring by
reason of anything done or omitted to be done by COUNTY
under or in connection with any work, authority or
jurisdiction not delegated to CITY under this agreement.
-3-
-Board,of::.Supervisors --;and,attested--.byits Clerk, all thereunto duly
COUNTY OF ORANGE
-- a politicalsubdivision
of the State of California
- - Chairman, Board of Supervisors
� a
JUNE ALEXANDER _
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY,
CALIFORNIA
APPROVED AS TO FORM
JAMES OKAZAKI, CITY ATTORNEY
San Juan Capistrano
-4-
ATTACHMENT 2
AGREEMENT FOR SHARED COSTS OF TRAFFIC SIGNAL FACILITIES AT
BLUE FIN DRIVE AND DEL OBISPO STREET BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE CITY OF DANA POINT
This AGREEMENT ("Agreement) is entered into this day of
2003, by and between THE CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation ("SJC"), and THE CITY OF DANA POINT, a
California Municipal corporation ("DP"). SJC and DP are hereafter together referred to
as the "Parties" and each individually as a "Party".
RECITALS
Whereas, this Agreement concerns traffic signal facilities currently in operation at
the intersection of Blue Fin Drive and Del Obispo Street (the "Signals"). A map of the
property in the area of the Signals is attached hereto and incorporated herein as Exhibit
„A„
Whereas, DP owns and maintains the westerly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (collectively, the "DP Property").
Whereas, SJC owns and maintains the easterly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (the "SJC Property").
Whereas, the Signals are currently in operation at the intersection of Blue Fin
Drive and Del Obispo Street at the boundary of SJC and DP. A portion of these traffic
signals is physically in DP. Following DP's incorporation as a city and prior to this
Agreement, SJC has been the sole bearer of the costs of maintenance and operation of the
Signals.
Whereas, SJC and DP desire to mutually share in the costs of maintenance and
operation of said Signals, from this point forward as set forth in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals and the Mutual
Covenants set forth herein, and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.0 MAINTENANCE AND OPERATION OF THE SIGNALS
1.1 Recitals
The recitals set forth above are incorporated herein by this reference.
ATTACHMENT
•
1.2 Shared Cost for Maintenance and Operation
SIC and DP agree to mutually share, on an equal basis, the reasonable costs of
maintenance and operation of the Signals. Costs may include, but are not
limited to, electricity, routine maintenance, repair maintenance, and all other
miscellaneous costs associated with the signal timing and operation.
1.3 Contract Administration
SJC shall be responsible for contract administration, to include preparation of
a quarterly billing to DP for one half the total cost of maintenance and
operation of the Signals. SJC shall send the billing for the Signals to DP at
the address listed in the notice section below. SJC agrees to provide all
information requested by DP in order for DP to determine whether the bills
are accurate and reasonable.
Mutual concurrence of both parties is required in the event that SJC would
desire to change the contractor for operations and maintenance.
1.4 Indemnification
As the party responsible for the actual operation and maintenance of the
Signals, SJC shall be solely responsible for costs of any claims, liability or
related defense costs, including attorney's fees, arising out of its own
performance of this Agreement. SJC shall indemnify, hold harmless and
defend DP and its officers, employees and agents from any claim or liability
arising out of SJC's operation of the Signals or SJC's performance of its
obligations under this agreement. DP shall only be responsible for any fault
or negligence that itself causes, and shall not be held liable for any fault or
negligence by SJC in the actual operation and maintenance of the Signals.
After consultation with DP, SJC shall employ any legal counsel deemed
necessary to defend an action arising out of this Agreement.
1.5 Mutual Cooperation Regarding Operation of Signal System
Both Parties anticipate that the Signal will periodically malfunction.
Accordingly, SJC agrees to cooperate with DP in receiving technical input
from DP as to appropriate technical adjustments that should be made to
promote the most efficient operation of the system for both Parties.
1.6 Term
This agreement shall last until it is amended or terminated by mutual consent
of the Parties thereto. This Agreement may also be terminated by either Party
upon thirty (30) days notice to the other Party.
2
0
1.7 Amendment
This Agreement may be amended by a written instrument executed and
acknowledged by each Party.
1.8 DP's Non -Responsibility for SJC Property
DP's sole responsibility under this agreement concerns the payment of its
share of the costs of maintenance and operation of the Signals at the location
of Blue Fin Drive and Del Obispo Street at the border of San Juan Capistrano
and Dana Point. It is understood that SJC retains jurisdiction and authority
over the SJC Property at all times and is solely responsible for all activities,
events, liabilities, and matters concerning the SJC Property other than DP's
actions undertaken pursuant to this Agreement.
2.0 GENERAL PROVISIONS
2.1 Force Maieure
The time period specified in this Agreement for performance of services shall
be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Parties, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the Parties, if the delaying party shall within ten (10) days of the
commencement of such delay notify the other party in writing of the causes of
the delay. In no event shall SJC be entitled to recover damages against DP for
any delay in the performance of this Agreement, however caused. The
Parties' sole remedy shall be extension of this Agreement pursuant to this
section.
2.2 Notice
All notices, requests, demands, claims, and other communications hereunder
will be in writing and duly addressed to the parties as follows:
To DP: City of Dana Point
Attn: Director of Public Works and Engineering
33282 Street of the Golden Lantern
Dana Point, CA 92629
To SJC: City of San Juan Capistrano
Attn: Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
3
0 0
Unless otherwise specifically provided for herein, all communications
required to be given under this Agreement shall be in writing and (i)
personally delivered, or (ii) delivered by certified United States mail, or (iii)
by reputable document delivery service that provides a receipt showing date
and time of delivery. Notices personally delivered or delivered by document
delivery services shall be effective upon receipt. Notices delivered by mail
shall be effective at 5:00 p.m. on the second calendar day following dispatch.
2.3 Attorney's Fees
In the event that a dispute (with or without litigation) arises under this
Agreement, or either Party is required to bring an action against the other
Party for enforcement of its terms, the prevailing party in such action shall be
entitled to recover its reasonable attorney's fees and costs from the other
party-
2.4
ly
2.4 No Partnership or Joint Venture
Nothing in this agreement shall be construed to create a partnership or joint
venture between the Parties with respect to the subject matter of this
Agreement.
2.5 Severability
In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
2.6 Authority of Signatories
The persons executing this Agreement on behalf of the Parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said
Parties and that by so executing this Agreement the Parties are formally bound
to the provisions of this Agreement.
APPROVED TO AS TO FORM:
BY:
14h; R. Shaw
SIC City Attorney
APPROVED TO AS TO FORM:
A. Patrick Munoz
DP City Attorney
CITY OF SAN JUAN CAPISTRANO
BY: _
John S
Mayor
Gelff
CITY OF DANA POINT
BY:
William Ossenmacher
Mayor
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32400 PASEO AOELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
u,svlv.sanJuancapis)rano. org
MEMBERS OF THE CIN COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
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 November 18, 2003
in the City Council Chamber in City Hall, to consider: "Consideration of Agreement
with the City of Dana Point for Shared Costs of Traffic Signal Facilities at Blue Fin
Drive and Del Obispo Street" — Item No. D5
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, November 17, 2003 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 Jill Thomas,
Management Analyst 11. You may contact that staff member at (949) 443-6362 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancapistrano.oro. 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-agendasasanivancapistano.org.
Meg Monahan, CMC
City Clerk
cc: Matt Sinacori, City of Dana Point*; William M. Huber, Engineering and Building
Director; Jill Thomas, Management Analyst II
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0
0 CITY CLERK'S DEPARTMENT- ACTION REMINDER
ht0t)i' kbackE"
TO: Brian Perry, Senior Civil Engineer
c� L
FROM: Maria Guevara,3r���I DATE: December 1, 2006
SITUATION:
At their meeting on February 4, 2003 the City Council of the City of San Juan Capistrano
approved an agreement with The City of Dana Point for Resurfacing Del Obispo Street at Blue
Fin Drive.
ACTION REQUESTED:
Said Agreement states services shall be completed by January 1, 2007.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
( �j
• DATE WHEN NEXT ACTION (S) SHOULD BE TAK
SIGNATURE OF OFFICIAL TAKING ACTIO
DATE SIGNED:
'FOR CITY CLERK'S DEPARTMENT USE ONLY"'
Tickler Date: 12/01/06
Deadline Date: 01/01/07
cc: Department Head
(600.60/dana point, city oo
is
CITY OF DANA POINT
December 16, 2003
Meg Monahan, CMC
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
CITY CLERK'S DEPARTMENT
Re: Agreement between the City of Dana Point and the City of San Juan Capistrano
concerning shared costs for traffic signal facilities at Blue Fin Drive and Del Obispo
Street
Dear Meg:
The City Council of the City of Dana Point, California, at its regular meeting held
December 10, 2003, approved an agreement with the City of San Juan Capistrano and the
City of Dana Point.
Enclosed is a fully executed original agreement for your records.
If you have any questions regarding the agreement, please contact Douglas Chotkevys,
City Manager at (949) 248-3513 or me at (949) 248-3505.
Sincerely,
Sharon Street
Director of Public Affairs/City Clerk
SS/cc
enclosures
c: Douglas Chotkevys
33282 Golden Lantern, Dana Point, CA 92629 • (949) 248-3506 • FAX (949) 248-9920
Internet: www.danapolnt.org
Ab MEMBERS OF THE CITY COUNCIL
DIANE S.BATHGATE
JOHN S. GELFF
MATT HART
32400 PASEO ADELANTO DAVID
SAN .JUAN CAPISTRANO, CA 9267$ DAVID M..
SWERDLIN
(949) 493-1171 1776
lS1776 1961
(949) 493-1053 (FAX)
• � INTERIM CITY MANAGER
1V W 1V. Sanj"anCapiS(rano. org PAMELAGIBSON
December 5, 2003
Sharon Street, City Clerk
City of Dana Point
33282 Street of the Golden Lantern
Dana Point, CA 92629
Dear Sharon:
On November 18, 2003, the City Council of the City of San Juan Capistrano approved
the shared costs agreement concerning traffic signal facilities at Blue Fin Drive and Del
Obispo Street. Two fully executed, original agreements are enclosed for consideration
and approval by the City Council of the City of Dana Point.
Please return one original executed agreement to my attention after approval.
If you have any questions concerning the agreement, please contact the project
manager, Jill Thomas, Management Analyst Il, (949) 443-6362. 1 can assist you with
any questions regarding transmittal of the documents.
Yours truly,
Meng Mona an, CMC
City Clerk
enclosed: Agreement
cc: Jill Thomas, Management Analyst II
William M. Huber, Engineering and Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
AGREEMENT FOR SHARED COSTS OF TRAFFIC SIGNAL FACILITIES AT
BLUE FIN DRIVE AND DEL OBISPO STREET BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE CITY OF DANA POINT
This GREEMENT ("Agreement) is entered into this wd�
day of
2003, by and between THE CITY OF SAN JUAN CAPISTRAN0,
a California municipal corporation ("SJC"), and THE CITY OF DANA POINT, a
California Municipal corporation ("DP"). SIC and DP are hereafter together referred to
as the "Parties" and each individually as a "Party".
RECITALS
Whereas, this Agreement concerns traffic signal facilities currently in operation at
the intersection of Blue Fin Drive and Del Obispo Street (the "Signals"). A map of the
property in the area of the Signals is attached hereto and incorporated herein as Exhibit
"A"
Whereas, DP owns and maintains the westerly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (collectively, the "DP Property").
Whereas, SIC owns and maintains the easterly half of Del Obispo Street from
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del
Obispo Street to approximately 640 feet north of the centerline intersection of Blue Fin
Drive and Del Obispo Street (the "SJC Property").
Whereas, the Signals are currently in operation at the intersection of Blue Fin
Drive and Del Obispo Street at the boundary of SIC and DP. A portion of these traffic
signals is physically in DP. Following DP's incorporation as a city and prior to this
Agreement, SIC has been the sole bearer of the costs of maintenance and operation of the
Signals.
Whereas, SIC and DP desire to mutually share in the costs of maintenance and
operation of said Signals, from this point forward as set forth in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals and the Mutual
Covenants set forth herein, and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.0 MAINTENANCE AND OPERATION OF THE SIGNALS
1.1 Recitals
The recitals set forth above are incorporated herein by this reference.
1
1.2 Shared Cost for Maintenance and Operation
SJC and DP agree to mutually share, on an equal basis, the reasonable costs of
maintenance and operation of the Signals. Costs may include, but are not
limited to, electricity, routine maintenance, repair maintenance, and all other
miscellaneous costs associated with the signal timing and operation.
1.3 Contract Administration
SJC shall be responsible for contract administration, to include preparation of
a quarterly billing to DP for one half the total cost of maintenance and
operation of the Signals. SJC shall send the billing for the Signals to DP at
the address listed in the notice section below. SJC agrees to provide all
information requested by DP in order for DP to determine whether the bills
are accurate and reasonable.
Mutual concurrence of both parties is required in the event that SJC would
desire to change the contractor for operations and maintenance.
1.4 Indemnification
As the party responsible for the actual operation and maintenance of the
Signals, SJC shall be solely responsible for costs of any claims, liability or
related defense costs, including attorney's fees, arising out of its own
performance of this Agreement. SIC shall indemnify, hold harmless and
defend DP and its officers, employees and agents from any claim or liability
arising out of SJC's operation of the Signals or SJC's performance of its
obligations under this agreement. DP shall only be responsible for any fault
or negligence that itself causes, and shall not be held liable for any fault or
negligence by SJC in the actual operation and maintenance of the Signals.
After consultation with DP, SJC shall employ any legal counsel deemed
necessary to defend an action arising out of this Agreement.
1.5 Mutual Cooperation Regarding Operation of Signal System
Both Parties anticipate that the Signal will periodically malfunction.
Accordingly, SJC agrees to cooperate with DP in receiving technical input
from DP as to appropriate technical adjustments that should be made to
promote the most efficient operation of the system for both Parties.
1.6 Term
This agreement shall last until it is amended or terminated by mutual consent
of the Parties thereto. This Agreement may also be terminated by either Party
upon thirty (30) days notice to the other Party.
2
0 0
1.7 Amendment
This Agreement may be amended by a written instrument executed and
acknowledged by each Party.
1.8 DP's Non -Responsibility for SJC Property
DP's sole responsibility under this agreement concerns the payment of its
share of the costs of maintenance and operation of the Signals at the location
of Blue Fin Drive and Del Obispo Street at the border of San Juan Capistrano
and Dana Point. It is understood that SJC retains jurisdiction and authority
over the SJC Property at all times and is solely responsible for all activities,
events, liabilities, and matters concerning the SJC Property other than DP's
actions undertaken pursuant to this Agreement.
2.0 GENERAL PROVISIONS
2.1 Force Majeure
The time period specified in this Agreement for performance of services shall
be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Parties, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the Parties, if the delaying party shall within ten (10) days of the
commencement of such delay notify the other party in writing of the causes of
the delay. In no event shall SJC be entitled to recover damages against DP for
any delay in the performance of this Agreement, however caused. The
Parties' sole remedy shall be extension of this Agreement pursuant to this
section.
2.2 Notice
All notices, requests, demands, claims, and other communications hereunder
will be in writing and duly addressed to the parties as follows:
To DP: City of Dana Point
Attn: Director of Public Works and Engineering
33282 Street of the Golden Lantern
Dana Point, CA 92629
To SJC: City of San Juan Capistrano
Attn: Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
3
0 0
Unless otherwise specifically provided for herein, all communications
required to be given under this Agreement shall be in writing and (i)
personally delivered, or (ii) delivered by certified United States mail, or (iii)
by reputable document delivery service that provides a receipt showing date
and time of delivery. Notices personally delivered or delivered by document
delivery services shall be effective upon receipt. Notices delivered by mail
shall be effective at 5:00 p.m. on the second calendar day following dispatch.
2.3 Attorney's Fees
In the event that a dispute (with or without litigation) arises under this
Agreement, or either Party is required to bring an action against the other
Party for enforcement of its terms, the prevailing party in such action shall be
entitled to recover its reasonable attorney's fees and costs from the other
party-
2.4
ly
2.4 No Partnership or Joint Venture
Nothing in this agreement shall be construed to create a partnership or joint
venture between the Parties with respect to the subject matter of this
Agreement.
2.5 Severability
In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
2.6 Authority of Signatories
The persons executing this Agreement on behalf of the Parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said
Parties and that by so executing this Agreement the Parties are formally bound
to the provisions of this Agreement.
APPROVED TO AS TO FORM: CIT)
BY: BY:
J hn R. Shaw John
SIC City Attorney Mayi
APPROVED TO AS TO FORM: CITY OF DANA POINT
BY: BY:
A. Patrick Munoz William Ossenmacher
DP City Attorney Mayor
2
ATTEST:
w
0
Cathy Catlett
DP Interim City Clerk
ATTEST:
R",
0
R. Monahan
Clerk
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