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1983-0701_SUTHERLAND & KENNEDY_Landscape Maintenance Agr"' SCAPE MAINTENANCE AGREEMENT CITY COPY FO`: =PORTION OF RAILROAD RIGHT -OF -WA* This agreement, made and entered into this 9th day of June, 1983, by and between the City of San Juan Capistrano, a body politic of the State of California, hereinafter designated as "CITY," and Fred Sutherland and Marguerite Kennedy, residents of 26720 Verdugo Street, San Juan Capistrano, California, hereinafter designated as "CONTRACTORS." WITNESSETH: WHEREAS, the CITY is leasing railroad right-of-way from Atchison, Topeka and Santa Fe Railway from Mission Street to Mission Village Center; and, WHEREAS, CONTRACTORS have already landscaped a portion of this right- of-way, specifically the west side of the railroad right-of-way from Verdugo Street to a point 95.75 feet north; and, WHEREAS, CONTRACTORS would like to keep and continue to maintain land- scaping already established. NOW, THEREFORE, it is mutually agreed by and between CITY and CONTRACTORS as follows: CONTRACTORS agree to maintain landscaping which abuts their property from Verdugo Street to a point 95.75 feet north, located on the west side of the railroad right-of-way at no cost to the CITY. 2. All maintenance will be done in accordance with the CITY'S Lease of Land for Landscaping Purposes with the AT&SF Railway. 3. Any major changes to the landscaping proposed by CONTRACTOR will be approved by the City Manager's Office prior to the changes being made. 4. Should CONTRACTORS or CITY wish to terminate this agreement, notice shall be given in writing 30 days prior to the termination date. IN WITNESS THEREOF, this agreement has been executed on behalf of the CITY and CONTRACTORS on the date and year first written above and shall become effective July 1, 1983. ATTEST: ity Clerk Approved as to Form: \ames S. Okazaki, CittAttorney CITY OF—SAN JUAN CAPISTRANO FIA541aS ERM by 32400 PAS MAV ".AMMTMI SAN JUAIi:CAPiSTRA*0, CALIFORNIA 92675 ' PHOUM 49 ]A 1 71 May 4, 1983 Pat Alton Office of the City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Re: Railroad Right -of -Way Landscaping Dear Ms. Alton: At their meeting of May 3, 1983, the City Council considered landscaping of the railroad right-of-way through the San Juan Capistrano downtown area and took the following actions: 1. Declared the City's intent to enter into a lease agreement with Santa Fe Railroad for landscaping purposes, subject to review by the City Attorney; 2. Directed staff to prepare an agreement between the / City, Fred Sutherland and Marguerite Kennedy for maintenance of landscaping across from the Capistrano Depot within the City's proposed lease area; 3. Directed staff to develop a preliminary landscape plan with an estimate of cost and a schedule for implementation; and, 4. Directed the City Manager to keep Santa Fe Railroad apprised of all actions being taken and to act as the City's representative in all communications with the Railroad. We will keep you informed of further actions on this matter. Very truly yours, MARY ANN, NOVER, CMC City Clerk MAH/cj cc: City Manager 9 0 AGENDA ITEM May 3, 1983 TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager SUBJECT: Status Report - Railroad Right -of -Way Landscaping SITUATION: On April 22nd I met with officials of Santa Fe Railroad to discuss alternatives for landscaping the railroad right-of-way through the downtown. They were very amenable and indicated their interest in pursuing the idea. The meeting was the outgrowth of previous discussions regarding ways the City and railroad could work together to save landscaping in the railroad's right-of-way across from the Depot. Santa Fe has solved this immediate problem by abandoning the spur, but the long- range solution will be a landscaping agreement whereby the City agrees to put in and maintain a narrow landscaped strip on both sides of the track. The plant material would be at our discretion, but PUC regulations would have to be stringently adhered to. An agreement has been drawn and is being reviewed by the City Attorney. It is our intent to initially landscape that section of track which begins at the terminus of Mission Village Center on the south. At some point in the future we could extend the area to Oso Street on the north and the railroad bridge on the south. Staff is currently preparing a preliminary landscape plan, an estimate of maintenance costs, and is reviewing liability and any additional insurance requirements which may be necessary. It is our intent to bring to Council all plans and documents ready for approval by the May 17th meeting. FINANCIAL CONSIDERATIONS: None at this time. ALTERNATE ACTIONS: 1. Declare the City's intent to enter into a lease agreement with Santa Fe Railroad for landscaping purposes, subject to review by the City Attorney. 2. Prepare an agreement between the City, Fred Sutherland, and Maguerite Kennedy for maintenance of landscaping across from the Capistrano Depot within the City's proposed lease area. 3. Develop a preliminary landscape plan with an estimate of cost and a schedule for implementation. 4. Direct the City Manager to keep Santa Fe Railroad apprised of all actions being taken and to act as the City's representative in all communications with the Railroad. 5. Take no action. Agenda Item - Railroad Right -of -Way Landscaping RECOMMENDATION: By motion: -2- May 3, 1983 1. Declare the City's intent to enter into a lease agreement with Santa Fe Railroad for landscaping purposes, subject to review by the City Attorney; 2. Direct staff to prepare an agreement between the City, Fred Sutherland and Marguerite Kennedy for maintenance of landscaping across from the Capistrano Depot within the City's proposed lease area; 3. Direct staff to develop a preliminary landscape plan with an estimate of cost and a schedule for implementation; 4. Direct the City Manager to keep Santa Fe Railroad apprised of all actions being taken and to act as the City's representative in all communications with the Railroad. Respectfully submitted, ycl� Stephen B. Julian SBJ:ch 0 0 ADMINISTRATIVE ITEMS CITY MANAGER 1. INTENT TO ENTER LANDSCAPING AGREEMENT - RAILROAD RIGHT-OF-WAY (88) written Communications: Report dated May 3, 1983, from the City Manager, advising that pursuant to an April 22, 1983, meeting with officials of the Santa Fe Railroad regarding alternatives for landscaping the railroad right-of-way through downtown, a long-range solution had been reached whereby the City will landscape and maintain a narrow strip on both sides of the track in the vicinity of the Capistrano Depot. The section of track beginning at the terminus of the Mission Village Center on the south would be landscaped initially; in the future the area could extend to Oso Street on the north and the railroad bridge on the south. The report advises that the documents would be ready for approval at the May 17th meeting. Intent to Enter A reement: It was moved by COuncl man Hausdorfer, seconded by Councilman Friess and unanimously carried as follows: (1) To declare the City's intent to enter into a lease agreement with Santa Fe Railroad for landscaping purposes, subject to review by the City Attorney; (2) To direct staff to prepare an agreement between the / City, Fred Sutherland and Marguerite Kennedy for v maintenance of landscaping across from the Capistrano Depot within the City's proposed lease area; (3) To direct staff to develop a preliminary landscape plan with an estimate of cost and a schedule for implementation; and, (4) To direct the City Manager to keep Santa Fe Railroad apprised of all actions being taken and to act as the City's representative in all communications with the Railroad. Councilman Buchheim suggested consideration be given to the use of drought resistant foliage. 3. APPROVAL OF (38) Written Communications: (88) Report dated June 9, 1983, from the Senior Administrative Assistant, forwarding an agreement with Fred Sutherland and Marguerite Kennedy to maintain that portion of railroad right-of-way which abuts their property. The agreement will take effect on July 1, 1983. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the landscape maintenance agreement and to authorize the Mayor and City Clerk to execute the agreeffient on behalf of the City. • APPROVAL OF LANDSCAPE MAI 11 01v (38) Written Communications: (88) Report dated June 9, 1983, from the Senior Administrative Assistant, forwarding an agreement with Fred Sutherland and Marguerite Kennedy to maintain that portion of railroad right-of-way which abuts their property. The agreement will take effect on July 1, 1983. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the landscape maintenance agreement and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. June 10, 1983 Mr. Fred Sutherland Mrs. Marguerite Kennedy 26720 Verdugo Street San Juan Capistrano, California 92675 Re: Landscape Maintenance Agreement - UV Oad Right -of -Way Dear Mr. Sutherland and Mrs. Kennedy: At their meeting of June 9, 1983, the City Council took action to approve the agreement for maintenance of a portion of the Atchison, Topeka and Santa Fe Railway which abuts your property. Enclosed are two copies of the agreement signed by the City. Please execute both copies and return the "City Copy" to my office. The remaining copy is for your files. Thank you for your cooperation. If you need additional information, please let us know. Very truly yours, MARY ANN H NOVER, CMC City Clerk MAH/cj Enclosure CC: City Manager AGENDA ITEM June 9, 1983 TO: Stephen B. Julian, City Manager FROM: Pamela Hallan Gibson, Senior Administrative Assistant SUBJECT: Landscape Maintenance Agreement (Sutherland and Kennedy) STTHATTON: The City of San Juan Capistrano intends to enter into an agreement with Marguerite Kennedy and Fred Sutherland to maintain that portion of railroad right-of-way which abuts their property. The agreement will take effect on July 1, 1983, after the City's lease of land for landscaping purposes takes effect. The proposed agreement is attached for your review. FINANCIAL CONSIDERATIONS: The agreement will allow Mrs. Kennedy and Mr. Sutherland to continue to maintain landscaping which they have already planted. There will be no cost to the City. ALTERNATE ACTIONS: 1. Approve the landscape maintenance agreement and authorize the Mayor and City Clerk to execute the document on behalf of the City. 2. Request further information. ----------------------------------------------------------------------------- RECOMMENDATION: By motion, approve the landscape maintenance agreement and authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, Pamela Hallan Gibson PHG:ch Attachment FOR GVFY COUNCIL AGENDA ' J� �