1998-0521_DIFFLEY , JAMES W._Hold Harmless AgreementLy
0 88-310680
EXEM T
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
.loo PM JUN 29'88
aEcoRoea
WHEN RECORDED RETURN T0: RECORDING Recording fees exempt due to Gov.
Cit Clerk REQUESTED BY Code 6103 - Doc. Transfer Tax -
Y No Consideration
City of San Juan Capistrano
32400 Paseo Adelanto L
San Juan Cap. , CA 92675 }-: >1_D 'rlA 'LESS AGREEMENT Mary A anover, City Clerk
- City San Juan Capistrano
This Hold Y,r,rmless R.greement is made this 21st day of June , 19S9 by
and between the CITY CF SAN JUAN CAPI:STRANO, a Municipal cor-oracion,
hereinafter referred to ac "Ciiy", and JAMES W. DIFFLEY, as a Trustee of the tn:-t for
the 3ames W. Diffley D.S., in;.. Pension and Profit Sharing Program, hereinafter referred
to as "Property Owner".
CVI fNESSETH:
I. WHEREAS, City proposes to undertake certain road construction work adjoining
Property Owner's real property; and
2. WHEREAS, Property Owner has agreed to convey to City temporary construction
easements described as a temporary easement for slope purposes and temporary
construction easement; and
3. WHEREAS, Property Owner has requested City to provide hold harmless and
indemnification protectia io Properly Owner for any claim or liability arising oui of the
construction activity relating to these temporary easements,
NOW, THEREFORE, BE IT RESOLVED between City and Property Owner as
follows:
1. Property Owner has agreed to provide said temporary easements to City. Said
easements have been executed by Property Owner and are on file with the Public Works
Department of City.
2. City agrees to defend, indemnify and hold harmless Property Owner from any
claim, cost or liability arising directly or indirectly from City's road construction
activity relating to the temporary construction easements described herein.
3. Each party, in addition to acknowledging receipt of a copy of this Agreement,
acknowledges that they have thoroughly read and understood each of the provisions
contained herein prior to signing this document.
ATTEST:
City C rk-Ma "Ann o' �/
1'P,oarPc�,heF' i�� avncs It-
1^,orn to and su1b,�cribed before me this_ a;
Dt � i ,19 ^'
.iness my hand official L
zaary pablic
"OFFICIAL SEAL -
DENISE MARIE VERSTRAETE
Notary Public, State of Illinois
My Commission Expires Mar. 11, 1991
CITY OF SAN JUAN CAPISTRANO
By.
Ti le: Ga L. Hausdorfer Ma or
JAMES W. DIFFLEY, asaJ uqe� df the Trust for
the�Yames W. Diffley 5., nc., Pension and
Profit Sharing Program
APPROVED ,4)T6CFgRra;
JOHN SHAW, CITY ATTORNEY
88-310680
CORPORATE ACKNOWLEDGMENT No. 202
State of California On this the 21st day of June 1988 , before me,
SS.
County of Orange Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Gary T.. Hausdorfer and Mary Ann Hanover ,
IX personally known to me
❑ proved to me on the basis of satisfactory evidence
=OCA:
SEAL to be the person(s) who executed the within instrume'Adhicipal
NSON Mayor and City Clerk or on behalf of the4orporation therein
ALIFORNIA) named, and acknowledged to me that the �&�3Tb�atxecuted it.
lN7Y �rW 11, 1989-, WITt`J.�SS my hand and official seal..
� J n "L,
]120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvtl. P.O. Box 4625 • Woodland Hift CA 91365-4625
0
June 23, 1988
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Dr. James Diffley
2300 Lincoln Park Fest, No. 208
Chicago, Illinois 60614
Re: Acceptance of Easements and Hold Harmless Agreement - San Juan Creek Road
Dear Dr. Diffley:
The City Council of the City of San Juan Capistrano at its regular meeting held June 21,
1988, took the following actions:
Accepted the Easement Deeds for right-of-way, slope, storm drainage, and
construction purposes for the extension of San Juan Creek Road from La
Mancha, easterly to the Dividend Project.
2. Approved the Hold Harmless Agreement between you and the City.
A fully -executed copy of the Hold Harmless Agreement is enclosed for your
information. The City's copy of the Agreement as well as the Easement Deeds have been
forwarded to the County for recording.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary Ann nover, CA1C
City Clerk
MAH/mac
Enclosure
cc: Director of Public Vorks
Dividend Development Corporation
The Keith Companies
TOLD HAR!�'LESS AGREEStE^:T
This Hold Harmless Agreement is m„de this 21st day of June , 199S by
and between the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation,
hereinafter referred to as "City", and JANIFS W. DIFFLEY, as a Trustee of the trust for
the James W. Diffley D.S., Inc., Pension and Profit Sharing Program, hereinafter referred
to as "Property Owner".
)t'ITNESSETH:
1. WHEREAS, City proposes to undertake certain road construction work adjoining
Property Owner's real property; and
2. WHEREAS, Property Owner has agreed to convey to City temporary construction
easements described as a temporary easement for slope purposes and temporary
ccristruction easement; and
3. WHEREAS, Property Owner has requested City to provide hold harmless and
indemnification protection to Property Owner for any claim or liability arising out of the
construction activity relating to these temporary easements,
NOW, THEREFORE, BE IT RESOLVED between City and Property Owner as
follows:
1. Property Owner has agreed to provide said temporary easements to City. Said
easements have been executed by Property Owner and are on file with the Public Works
Department of City.
2. City agrees to defend, indemnify and hold harmless Property Owner from any
claim, cost or liability arising directly or indirectly from City's road construction
activity relating to the temporary construction easements described herein.
3. Each party, in addition to acknowledging receipt of a copy of this Agreement,
acknowledges that they have thoroughly read and understood each of the provisions
contained herein prior to signing this document.
ATTEST:
crn to and subscribed before me this
of?^ 1
cess my ha aid official
.-ary Pablic
"OFFICIAL SEAL"
DENISE MARIE VERSTRAETE
Notary Public, State bl IINtld9 1
My Commission Expires Mar. 11, 1991
CI4OFJUAN CAPISTRANO
By
TiHausdorfer, Ma
JAMES W. bIFFLEY, as a Tru"4e ot�he'Trust for
di
the Jaes W. Diffley D.S.,` n)c.. Pension and
Profit Sha ing Pr ram
APPROVE
JOHN SHAW, CITY ATTORNEY
2.
—� 3.
0
0
highway crossings to retard floodwaters. The report advised that a Floodplain
Management Plan was being drafted for ultimate inclusion in the General Plan. The
Committee requested further direction and support for their work.
The Director of Public Works made an oral report summarizing the committee's
activities over the past six months.
Support of Committee Work:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to support the work to date of the Floodplain Management
Committee and to:
(1) Support close communications with the Board of Supervisors and EMA
staff regarding flood control issues in the south County;
(2) Authorize the Mayor to formally request that the County take action
regarding flood control and environmental impact reports, development
review, and developer contributions.
(3) Express formal support for the use of specific upstream flood protection
measures in place of further levee raising within San Juan Capistrano.
Written Communications:
Report dated June 21, 1988, from the Director of Public Works, recommending
acceptance of the right-of-way, slope, construction and storm drain easements
necessary for the construction of San Juan Creek Road to the Dividend Development
project.
Acceptance of Easements:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to accept for recording the easements for construction of San
Juan Creek Road from Walter Hoffman, Dr. Stanley Stanbridge, William Keele,
Marilyn Kirk, San Diego Gas and Electric, and Glendale Federal.
Written Communications:
Report dated June 21, 1988, from the Director of Public Works, recommending
acceptance of easements necessary for construction of San Juan Creek Road to the
Dividend Development project, and approval of a Hold Harmless .Agreement, as
requested by Dr. Diffley.
:Acceptance of Easements/Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to accept for recording the easements from Dr. Diffley for
right-of-way, slope, storm drainage and construction for the extension of San Juan
6/21/88
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Creek Road, and to approve the Hold Harmless Agreement between the City and
Jaynes W. Diffley. The Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City.
3. SEVI'ER USER FEE STUDY MODIFICATION (1040.20)
Written Communications:
Report dated June 21, 1988, from the Director of Public Works, advising that a
sewer user fee study was being undertaken to bring the City into compliance with
State Environmental Protection Agency requirements for assessment fo commercial
sewer user fees in an equitable manner based on business operations and sewage
components. The report advised that to provide consistent implementation of the
fees between commercial/industrial users and equivalent dwelling units (i.e., single-
family residences), it was necessary to extend the original scope of work for review
of the capacity tee schedule. A budget adjustment in the amount of $10,000 was
required to accommodate the work. It was anticipated that the new regulations
could be implemented in January, 1989.
Approval of Budget Adjustment:
It was moved by Councilman Buchheim, seconded by Councilman Friess and
unanimously carried to approve the transfer of monies within the Sewer Enterprise
Fund (Account No. 17-6213-4417) in the amount of $10,000 for additional work on
the Sewer User Fee Study.
5. LANDSCAPE MAINTENANCE - AWARD OF CONTRACTS
CAPISTRANO VALLEY LANDSCAPE/TOYO LANDSCAPING) (600.30)
w ritten Communications:
Report dated June 21, 1988, from the Director of Public storks, forwarding results
of bids received for maintenance of City parks, parkways, medians, Cit}facilities,
landscape districts and Landscape Maintenance District No. 1. tC ith the exception
of the one-year Landscape Maintenance District contract, all contracts are to be in
effect for two years.
Frank Boscarim, 29591 .Monarch Drive, noted that the homeowners had intended to
assume maintenance of the area in Landscape Maintenance District No. 1, but had
discovered that 11 homes had not been included in the District and could not legally
be required to participate in the financial costs. Fie requested input and assistance
from the City to resolve the problem.
Award of Contract:
It was moved by Councilman Bland, seconded by Councilman Friess and carried with
Councilman Schwartze abstaining, to accept the bids as complete and to award the
contracts to the low responsible bidders as follows:
City Parks - Toyo Landscaping of Garden Grove in the amount of $173,250;
Citv Parkwa,s - Capistrano Valley Landscape of San Juan Capistrano in the
amount of 107,040;
Facilities - Toyo Landscaping in the amount of $22,800;
Landscape Districts - Capistrano Valley Landscape in the amount of $68,400;
12-
6/21/88
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
topy—*June2l,1988 (�
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Acceptance of Easements and Hold Harmless Agreement (Diffley)
Staff has reviewed the easements for right-of-way, slope, construction and storm
drainage for the extension of San Juan Creek Road from La Mancha, easterly to the
Dividend Project. Dr. Diffley has requested the City enter into a Hold Harmless
Agreement as added liability protection.
NOTIFICATION
Dividend Development, The Keith Companies, Dr. Diffley
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Improvements and alignment of San Juan Creek Road were previously reviewed by the
Equestrian, Traffic and Transportation, and Planning Commissions.
FINANCIAL CONSIDERATIONS
Minor modifications will be made to the improvements of San Juan Creek Road for the
benefit of the Diffley property in consideration of his dedications.
ALTERNATE ACTIONS
1. Accept the easements and approve the Hold Harmless Agreement.
2. Do not accept the easements and Hold Harmless Agreement.
3. Request additional information from Staff.
RECOMMENDATION
By motion, accept the easements from Dr. Diffley for right-of-way, slope, storm
drainage, and construction. Direct the City Clerk to record the easements. Also, by
motion, direct the Mayor and City Clerk to execute the Hold Harmless Agreement.
Direct the City Clerk to record the agreement.
Respectfully submitted,
W. D. Murphy
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