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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