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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 d-t-� 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 0 0 ATTEST: ATTEST: 0 BY: BY7"jair Sharon K. Street etInahan DP City Clerk itv WARP 1 "WAW i Nk Y r F _ }� h 77 1 .ymY 1 n I� �:'` rik- Ar I 'moi 1 "y h AA f 1�i 4 �,r _• ll G ti 11/18/2003 D5 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 M 1 _ 4 LE� j�q Hw;Ifi. 4 -5 2 J � Y 0 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 sac:3 rcF', �_eW fJ H ] Y J � � 1$Fs"Gn e wC SFR ( pl� f eIE F,Ir .Q • ' 'i3E 7,'( ��1 f, 92c29 13 s7 F i F� Kv Y.r� l f�Zc i—