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
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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.
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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 '
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