Loading...
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 IIIIII!�IIIII!((II!I!i!I!III!Ifilli(IIIII!IIIIIIIIIIlIIINO FEE 2001040998112:54pm 06121101 104 8 Al2 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 0 t 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: crq4lv� JOHNS AW, CITY ATTORNEY N ko- o %j. � N :* : , 11 ". � " I /-Ijj CL 0 ixj 00 Luo m C) ko- o %j. � N :* : , 11 ". � " I 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 E 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 nrllu+m � 196I 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 IS E Sall ,jowl f opis/tYt11 f): .'I"/'.PI'1 17/li,' o (/Ir' %'iaw-c 0 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 Jww, }.Y , IININI,RI nnnmB 1961 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 LOCATION MAP THE CITY OF SAN JUAN CAPISTRANO r I PROJEC.LOCATIO 0 3000 6000 9000 Feet OATTACHUENT /JU ��z LN = (13 z 1� / QD= 0 Li CD o Lu Qu. I V .4 s 0 I rA EXHIBIT "" r! I � z JJ. � 3\a �. a, m -z 'J Co=ok O JLJ IAIW� �0 mo 0 A ,a F 1 t i W i f t 7a I rA EXHIBIT "" r! I a, 'J ,a F t i W i f t 7a �i All OR n 9 I f r✓ Y. 41Y��� IC