01-0605_IHDE , MONTY_License AgreementRECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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Project Location: 32981 Calle Perfecto, San Juan Capistrano (aka, Lot 10, Tract 6402)
LICENSE AGREEMENT
Assessor's Parcel No. 668-051-13
THIS LICENSE AGREEMENT is made this 5th day of June, 2001, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "Licensor" and
MONTY IHDE, hereinafter referred to as "Licensee".
Licensor and Licensee mutually resolve as follows:
1. Grant of License.
Licensor hereby grants to Licensee a license right to use a portion of
unpaved right-of-way for the purpose of placing and maintaining a block wall, landscaping
and irrigation equipment, in front of the property located at 32981 Calle Perfecto, located
within the City of San Juan Capistrano, and more particularly described as that portion of
right-of-way within Lot 10, Tract 6402, dedicated to the City via a document recorded with
the County of Orange as Instrument No. 85-141854, Item 17. The location of the
improvements are set forth in Exhibit "A", attached hereto. Licensee will place the
improvements under the direction of the Licensor's Director of Engineering and Building
in the unpaved portion of right-of-way in Calle Perfecto.
2. Hold Harmless.
Licensee agrees to save and defend the Licensor, its elected
appointed officials, harmless from and against any and all injuries to and deaths of persons
and injuries to property or other interests and all claims, demands, costs, loss, damage,
and liability, arising out of the performance of Licensee's rights and obligations under this
Agreement.
Licensee shall maintain in effect a policy of comprehensive general liability
or commercial general liability insurance in which the limits of liability shall not be less than
One Million Dollars ($1,000,000.00). Licensor shall be named as an additional insured on
such policy and an endorsement shall be provided to Licensor proving that said insurance
coverage is in place.
4
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License Agreement -32981 Calle Perfecto
Page 2
The foregoing indemnification and insurance obligations will terminate when
landscaping and related appurtenances are properly removed from the public portion of
Calle Perfecto to the satisfaction of the City Engineer.
3. Responsibility of Licensee to Maintain Repair. Remove and/or
Relocate Private Improvements
Licensee has requested and the Licensor by execution of this
Agreement allows the Licensee, at Licensee's sole expense, to construct and maintain
private improvements which consist of landscape and irrigation equipment and a block wall
in the unpaved portion of right-of-way located adjacent to his property at 32981 Calle
Perfecto.
Licensee acknowledges that Calle Perfecto is a public street which has
existing Licensor, Capistrano Valley Water District, public utility and other agency facilities.
As needed, all facility owners have the right to lay, construct, reconstruct, remove and
replace, renew, inspect, maintain, repair, improve and relocate their facilities in the Calle
Perfecto right-of-way which may require repair to, removal of, and/or relocation of the
private improvements. All costs to repair, remove and/or relocate said private
improvements occasioned by the above shall be borne by the Licensee.
Prior to the issuance of construction permits, private improvements
found to be in conflict with existing utility facilities or systems shall be redesigned, or
utilities shall be relocated, subject to the approval of the specific agency/utility company,
at the expense of the Licensee.
Licensee further acknowledges if, during the course of construction
and/or maintenance of the private improvements by the Licensee, any of the facility
owners' equipment is damaged, the cost to repair and/or replace said equipment shall be
borne by the Licensee.
The Licensor reserves the right to terminate this License Agreement
immediately if the Licensee fails to maintain said private improvements in the unpaved
portion of the right-of-way to the point that the Licensor believes this placement to be
detrimental to the public health, safety and welfare.
4. Successors in Interest.
The License Agreement shall inure to and be binding on the heirs,
successors, executors, administrators, and assignees of the Licensee.
11
License Agreement -32981 Calle Perfecto
Page 3
5. Term.
This License Agreement shall continue in full force and effect, subject
to paragraph 4, unless terminated by the Licensee or Licensor upon 90 days written notice;
or, shall be terminated on 10 days notice if Licensee fails to adhere to any conditions of
this Agreement.
LICENSORS:
DATED this 5- day of June, 2001, at San Juan Capistrano.
CITY OF SAN JUAN CAPISTRANO
By Zzklll
WYATT RT, MAYO
ATTEST:
MONTY IHDE, PROPERTY OWNER MARGA E . MONAHAN,
CITY CILR
APPROVED AS TO FORM:
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JOHNS AW, CITY ATTORNEY
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A T LIC AIMATED. N7MITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIV
DATE MM/DD/YY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
GENERAL LIABILITY
LO131944
12/07/2001
12/07/2002
EACH OCCURRENCE $ 1,000,00
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire) $ S0,000
CLAIMS MADE � OCCUR
MED EXP (Any one person) $ 5,()00
PERSONAL & ADV!NJURY $ 1,000,00
A
GENERAL AGGREGATE $ 2,000,00
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 1,000,000
POLICY PRO LOC
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
01CG0804311
12/07/2001
12/07/2002
COMBINED SINGLE LIMIT
(Ea awdent) $ 1,000,00
BODILY INJURY
(Per person) $
8
X
X
X
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON -OWNED AUTOS
BODILY INJURY $
(Per aooitlenl)
PROPERTY DAMAGE $
(Per amitlent)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT S
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS LIABILITY
EACH OCCURRENCE $
OCCUR F—I CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
335000133900
04/26/2001
12/31/2001
1 TORYLANTTS I I ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,00
E.L. DISEASE -POLICY LIMIT $ 1,000,00
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
ertificate holder is named as an additional insured per the attached CGL216 endorsement.
10 day notice will be sent for non-payment of premium
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
Policy No. MGLO131944 Mt Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM C)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
All persons or organlzatlons where required by written contracL
City of San Juan Capistrano.
(e no entry appears above, Information required to complete this endorsement will be shown In the Daclarstlons as applicable
to this endorsement)
WHO IS AN INSURED (Section II) Is amended to Include as an Insured the person or organization shown in the Schedule, bu;
only with respect to [;ability arising out of "your work for that Insured by or for you.
To the extent required under contract, this policy will apply as primary Insurance to additional Insureds scheduled above and
other insurance which may be available to such additional Insureds will be non-contributory.
Section N., Condition 4., of this policy is amended accordingly,
All other Terms and Conditions of this Policy remain unchanged.
CGL 218 (04/98) Page-i Sf 1
CGL216 (4-98).max
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32400 PASEO ADELANTO
SAN JUAN C/APISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www.sanjuancapistrano.org
November 27, 2001
Mr. Monty Ihde
American Compaction Equipment
32981 Calle Perfecto
San Juan Capistrano, CA 92675
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1776
MEMBERS OF THE CITY COUNCIL
DWNE L. BATHGATE
JOHN S. GELFF
COLLENE CAMPBELL
MATT HART
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
RE: Compliance with Insurance Requirements - License Agreement - Landscape and
Irrigation Improvements, 32981 Calle Perfecto
The following insurance documents are due to expire:
V General Liability Certificate 1217/01
General Liability Endorsement naming the City of San Juan Capistrano as
additional insured.
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expiration date. If you have any questions, please contact me at (949) 443-6310.
Sincerely,
/Q
Dawn M. Schanderl
Deputy City Clerk
cc: R. Anthony Foster
DItUUSE
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Dawn Schanderl
From: Dawn Schanderl
Sent: Friday, December 14, 2001 2:44 PM
To: Tony Foster
Subject: Insurance
0
I haven't received the required insurance per License Agreement from monty Ihde
(general and endorsement expired 12/7/01)
Date: 09/25/01 Sime: 03:51 PH To: Honty IhEe A 6610991
TNTT(IN-TNCIIP IHYC nn1 -nna
AC`CRD,. CERTIFICA OF LIABILITY
INSUR�CE DATE '5/200
oa/zs�zool
PRODUCER (949)261-5335 FAX (949)261-1911
Tutton Insurance Services, Inc.
2913 S. Pullman St.
Santa Ana, CA 92705
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CCNFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
WSUREO American Compaction Equipment, Inc.
32981 Calle Perfecto
San Juan Capistrano, CA 92675
INSURER A. Mt. Hawley Insurance Co.
INSURERS National American Ins. Co.
INSURER California Indemnity
NSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR
TYPE OF INSURANCE
POLICYNUMBER
DATE
DATE MID
LIMITS
GENERAL LIABILITY
4GLO129661
12/07/2000
12/07/2001
EACH OCCURRENCE
s 1,000,00-0-
,000 ODCOMMERCIAL
COMMERCIALGENERALLIAOILGY
pPEFDAMAGE (Arryonefila)
E SO'000
CLAIMS MADE X❑OCCUR
MED EXP( AM one person)
E 5,0
A
PERSONAL B ADVINJURY
E 1,000,000
GENERAL AGGREGATE
IF 2,000,000
GENL AGGREGAIE LIMIT APPLIES PER
PRODUCTS-COMPAJP AGS
E 1,000,0
POLICY f X JEC�T LOC
AUTOMOBILE
LIAeuTY
ANY AUTO
YAC2009005
12/07/2000
12/07/2001
COMaNED SINGLE LNrt
(Eaecnd.rI
E 1,000,000
IMpJRY
(Per person)
E
B
X
X
X
ALL DNMEO AUTOS
SCHEDULED(P."e
AUTOS
HIRED AUTOS
NONONMED AUTOS
BODILY MJJRY
(PeracotlenG
E
PROPERTY DAMAGE
E
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
4
OTHER THAN FA ACC
E
ANY AUTO
E
ALTO ONLY AGG
E%CESSLIABILITY
EACHOCCURRENCE
E
OCCUR F71 CLAIMS MADE
AGGREGATE
E
E
E
DEDUCTIBLE
E
RETENTION S
WORKERS COMPENSATION AND
S20031E
04/26/2000
04/26/2001
X TDRYLNTrs ER
C
EMPLOYERS, LIABILITY
EL EACH ACCIDENT
E 1,000
EL DISEASEEAEMPLOYEE
E 1,000,00_
EL DISEASE -POLICY LIMT
E 1 000 000
OTHER
DESCRIPTION OF OPERATgNSLOCATIONSNEIIICLE9E%CLUSION9 ADDED BY ENOORSEMENTISPECM1_ PROVISIONS
ertficiate holder is added as additional insured per attached CGL216.
0 day notice of cancellation for non-payment of premium.
y^SIIOULD ANYOF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TIE
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWLL ENDEAVORTOMAL
-31L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TDTHE LEFT,
CITY OF SAN JUAN CAPISTRANO BUTFALURE TO IML SUCH NOTICE SHALL PAPOSE NO OBLIGATION OR LIMIUM
12400 Paseo Adelanto OF ANY KIND UPON THE COMPANY, ITS AGEWS OR REPRESENTATNES.
San Juan Capistrano, CA 92675 AUTHORREDREPRESENTATNE ,,}}����
Bill Tutton/ALEX Ypul
rev• YoeMieMA_lncv
Date! 04/25/01 Time: 03:51 PM To: Monty Ihde F 6610941 TUTTON-INSURANCE Page: 003-003
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 03 97
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS --
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILffY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF SAN JUAN CAPISTRANO
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO 1S AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respects to liability arising out of your
ongoing operations performed for that insured.
CL 897 (3-97)
0
MEMORANDUM May 15, 2001
TO: Dawn Schanderl, Deputy City Clerk
FROM: R. Anthony Foster, Engineering Assistant
SUBJECT: Insurance Certificate, License Agreement With Monty Ihde
I've scheduled the subject Agreement for City Council review on June 5. Could you review
the attached Insurance Certificate and let me know if it is adequate? I have also included
a copy of the Agreement.
QA
Attachments
32400 PASEO ADHLANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www.sanjuancapistrano.org
June 8, 2001
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1776
MEMBERS OF THE CITY COUNCIL
DVINE L BAIHGATE
JOHN S. GELFF
JOHN GREINER
WYAi HART
DAVID M. SIVERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
Mon Ihde
321 Calle Perfecto
San Juan Capistrano, CA 92675
Re: Council action June 5, 2001, Consideration license agreement for landscape and
irrigation improvement, 32981 Calle Perfecto
Dear Ms. Ihde:
The City Council of the City of San Juan Capistrano authorized the Mayor and City
Clerk to execute the License Agreement between Mr. Monty Ihde and the City; and
authorized the City Clerk to forward the Agreement to the Orange County Recorder for
Recordation.
An executed License Agreement has been enclosed for your records. If you would like
a copy of the recorded License Agreement, please check back with our office in
approximately thirty days to allow for the recording process.
Please feel free to contact Anthony Foster, Engineering Assistant at (949) 443-6351
should you have any questions.
Sincerely,
Mbhan, City Clerk
Cny Foster, Engineering Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
AGENDA ITEM June 5, 2001
TO: George S. Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of License Agreement for Landscape and Irrigation
Improvements, 32981 Calle Perfecto (Monty Ihde/American
Compaction Equipment)
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Mr. Monty Ihde and the City, and authorize the City Clerk to forward the
Agreement to the Orange County Recorder for Recordation.
A. Summary and Recommendation
The property owner, Mr. Monty Ihde, wishes to upgrade fencing and landscaping
within his commercial property, American Compaction Equipment on Calle Perfecto
(located across the street from the Capistrano Unified School District headquarters).
As the improvements are within City right-of-way, a License Agreement is required.
Staff recommends the City Council authorize the Mayor and City Clerk to execute
the License Agreement.
B. Background
Mr. Monty Ihde recently purchased the subject property and wishes to upgrad�
fencing and landscaping. The existing chain-link fencing and landscaping are within
City right-of-way and were installed without benefit of a License Agreement. As Mr.
Ihde wishes to install a brick fence and more extensive landscaping, and due to
present City policy requiring License Agreements for private improvements within
City right-of-way, the subject License agreement has been prepared for City Council
review.
The applicant shall also be required to obtain all necessary Planning Department,
Building Department and encroachment permits prior to installation of
improvements. The burden of any repairs to the private improvements and
maintenance of landscape is placed on the present and future property owner. The
License Agreement also includes a comprehensive indemnification section that
holds the City harmless during placement and maintenance of the landscape and
irrigation equipment.
w
AGENDA ITEM 2 June 5, 2001
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
None - all costs for preparation of the License Agreement and recording fees will be
borne by the Applicant.
NOTIFICATION
Mr. Monty Ihde
ALTERNATE ACTIONS
1. By motion, authorize the Mayor and City Clerk to execute the License
Agreement between Mr. Monty Ihde and the City, and authorize the City
Clerk to forward the Agreement to the Orange County Recorder for
Recordation.
2. Do not authorize the Mayor and City Clerk to execute said Agreement.
3. Refer to Staff for additional information.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Mr. Monty Ihde and the City, and authorize the City Clerk to forward the
Agreement to the Orange County Recorder for recordation.
Respectfully submitted
William M. Huber,
Director of Engineering and Building
WMH/RAF
Attachments: 1. Location Map
2. Work Area Map
3. License Agreement
Prepared By:
R. Anthony Foster
Engineering Assistant
46TTACHMENT 1
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