1983-0517_ROMAN CATHOLIC BISHOP OF ORANGE_AgreementAGREEMENT FOR PARTICIPATION
IN ACJACHEMA STREETSCAPE IMPROVEMENTS
THIS AGREEMENT, made and entered into this 1__ day of
Ate y , 1983, by and between the City of San Juan Capistrano,
a body politic of the State of California, hereinafter designated as
"CITY," and the Roman Catholic Bishop of Orange, a Corporation Sole,
hereinafter designated as "CHURCH."
Witnesseth:
WHEREAS, the CITY has originally agreed to repave and
landscape Acjachema Street between El Camino Real and Camino
Capistrano in its current alignment, and the CHURCH is responsible for
the improvements to the south side of the same street as a condition
of development; and,
WHEREAS, the CITY and the CHURCH both want a more aestheti-
cally pleasing treatment for Acjachema Street to provide a proper
setting for the library and Great Stone Church; and,
WHEREAS, both the CITY and CHURCH will benefit from improved
vehicular access where the street is improved.
NOW, THEREFORE, it is mutually agreed by and between CITY
and CHURCH as follows:
1. The CITY and the CHURCH agree to mutually share in the
construction of the improvements as shown on the street
improvements for "Acjachema Streetscape", prepared by
the City of San Juan Capistrano dated April 29, 1983,
consisting of four sheets. Said plans are attached as
Exhibit "A" to THIS AGREEMENT.
2. For the purposes of THIS AGREEMENT, costs to he mutually
shared shall include all of the items contained in the
cost summary and attached hereto and marked Exhibit "B".
The CHURCH will not participate in any extra work unless
approved in writing by the CHURCH.
3. CITY agrees to award a contract to have work commence
within sixty (60) days of the date of THIS AGREEMENT and
to pursue said work with reasonable diligence until
completed.
4. The CITY agrees that general contractor will furnish the
CHURCH upon request evidence of liability insurance
coverage of not less than $1,000,000 combined single
limit. The CHURCH shall be named as additional insured
on all contract and subcontract agreements.
Agreement for Participating in
Acjachema Street Improvements
Page Two
5. The CITY agrees to vacate and deed to the CHURCH that
portion of Acjachema Street which will lie directly in
front of the Great Stone Church and CHURCH agrees to
dedicate to CITY a small portion of its property on
Camino Capistrano for sidewalk purposes. Neither will
be compensated for dedicated properties.
6. CITY will he responsible for improvements on the north
side of Acjachema Street beyond the edge of the
sidewalk; CHURCH will be responsible for improvements on
the south side of Acjachema Street beyond the edge of
the sidewalk. Both will be in accordance with approved
plans for these areas.
7. CITY agrees to administer the construction of Acjachema
Street and will iiitiallj bear all costs,Kith—tfre-8+kV
IN WITNESS THEREOF, this agreement has been executed on behalf
of the CITY and the CHURCH on the date and year first written above.
ATTEST:
Mary Ann Hpover, ty'Clerk
APPROVED AS TO FORM:
gnj� es S. etz r it�orney
CITY OF SA JUAN CAPISTRA
By
ana,
THE ROMAN CATHOLIC BISHOP OF ORANGE
A Corporation Sole
By ` I
C�� '11 "-
tr.
•
EXHIBIT B
COST SUMMARY
Design Engineering
Construction
Contingencies
Inspection
Survey
Unforeseen Extra Work
0
$ 9,600
78,000
3,360
3,840
16,000
TOTAL $110,800
0 •
6. RATIFICATION OF REVISIONS TO ACJACHEMA STREET IMPROVEMENT
AGREEMENT (DIOCESE OF ORANGE) (38-#429)
.(38) As set forth in the report dated August 2, 1983, from the
(83) Senior Administrative Assistant, revisions dealing with
insurance requirements and payment of administration costs
which were made to the Acjachema Street Improvement
Agreement by the Diocese of Orange, were ratified and the
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City.
si-4I<�3
0 0
AGENDA ITEM August 2, 1983
TO: Stephen B. Julian, City Manager
FROM: Pamela Hailan Gibson, Senior Administrative Assistant
SUBJECT: Ratification of Revisions to Acjachema Street Improvement Agreement
(Diocese of Orange)
SITUATION:
On May 17, 1983, Council approved an agreement with the Diocese of Orange
for improvements to Acjachema Street. The Diocese has included two revisions
to that agreement. The first is that the Church be named in the contractor's
insurance for the duration of the project. This has been communicated to the
contractor, who has no objections. The second is that the Church not be
required to pay administration costs. This was a minor portion of the overall
contract and is not considered an obstacle.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The Church has agreed to pay half the construction costs and half the contingency
costs which includes construction staking, inspection, and unforeseeable extra
work. We have budgeted approximately $94,000 for these items ($47,000 would
be the Church's approximate share).
TERNATE ACTIONS:
1. Ratify the changes to the agreement and authorize the Mayor and City Clerk
to execute them on behalf of the City.
2. Request further information.
RECOMMENDATION:
By motion, ratify the changes to the agreement and authorize the Mayor and
City Clerk to execute them on behalf of the City.
Respectfully submitted,
,
Pamela Hallan Gibson
PHG:ch
FOR C!
(O
0 0
4. APPROVAL OF AGREEMENT FOR PARTICIPATION IN ACJACHEMA
nm,nIm I.., c 11111� ?TV nUAN7rVI
(38) Written Communications:
(52) Report dated May 17, 1983, from the Senior Administrative
Assistant, forwarding an agreement which obligates the City
and the Diocese of Orange to jointly share all costs
associated with the construction of Acjachema Street from E1
Camino Real to Camino Capistrano. The Engineer's Estimate
for the City's share is $56,000. Award of a contract has
been scheduled for the June 7th meeting and is contingent on
signing of the agreement by both parties.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
Agreement for Participation in Acjachema Street Improvements
between the City and the Diocese of Orange and to authorize
the Mayor and City Clerk to execute the Agreement on behalf
of the City.
AGENDA ITEM May 17, 1983
TO: Stephen B. Julian, City Manager
FROM: Pamela Hallan Gibson, Senior Administrative Assistant
SUBJECT: Agreement for Participation, Acjachema Street Improvements
(Diocese of Orange)
SITUATION:
Attached is an agreement which obligates the City of San Juan Capistrano
and the Diocese of Orange to jointly share all costs associated with the
construction of Acjachema Street, from E1 Camino Real to Camino Capistrano.
The award of contract for the work (scheduled for the June 7th meeting)
will be contingent on having this agreement signed by both parties.
FINANCIAL CONSIDERATIONS:
There are no costs associated with this agreement. If Council decides to
award a contract to upgrade Acjachema Street, it would obligate the City
to pay half the cost of the construction. Engineer's estimate for the
City's share is $56,000. Approximately $30,000 of this has already been
included in the library contract and would be deleted from that contract
and rebudgeted in the new project account.
ALTERNATE ACTIONS:
1. Approve the agreement with the Diocese of Orange for joint participation
in the Acjachema Street improvement project.
2. Request further information.
RECOMMENDATION:
By motion, approve the Agreement for Participation in Acjachema Street
Improvements (Diocese of Orange) and authorize the Mayor and City Clerk
to execute the documents.
Respectfully submitted,
6a:�� z4o.--_7
Pamela Hallan Gibson
PHG:ch
Attachments
FOR (:Hl: (,(M:C1 1 A((FND% L�
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 493.1171'
August 3, 1983
Leon J. Meyer
Director of Finance and
Administration
Diocese of Orange
Marywood Center
2811 East Villa Real Drive
Orange, California 92677
Re:
Dear Mr. Meyer:
At their meeting of August 2, 1983, the City Council
ratified the revisions to the Acjachema Street Improvement
Agreement regarding insurance requirements and payment of
administration costs.
A fully -executed copy of the agreement, including
Exhibit A - street improvement plans, and Exhibit B - Cost
Summary, is enclosed for your files.
If we can be of any further assistance, please do not
hesitate to call.
Very truly yours,
J eel
MARY ANNAfi NOVER, CMC
City Clerk
MAH/cj
Enclosure
cc: City Manager
gyp.
SAD
Leon J. Meyer
Director of Finance and Administration
Diocese of Orange
Marywood Center
2811 East Villa Real Drive
Orange, California 92667
Re: Acjachema Street Improvements
Dear Mr. Meyer:
4 2 c
At their meeting of May 17, 1983, the City Council
approved the Agreement between -the City and the Roman Catholic
Bishop .of Orange for joint participation in the construction of
Acjachema Street improvements between E1 Camino Real and Camino
Capistrano. Enclosed are two copies of the Agreement signed by
the City. Please sign both copies and return one fully -executed
copy to my office.
Thank you for your cooperation.
Very truly yours,
MARY ANN H OVER, CMC
City Clerk
MAH/cj
Enclosures
cc: ,City Manager