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03-0520STONERIDGE ESTATES_License Agreement0 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Benefits & Requested by City of San Juan Capistrano Title of Document: Recorded in ,C official k1 Recorder Records, County of Orange Toch Daly I I VIII IIIA VIII VIII IIIII1111110116111I9121118�7�h 0 -. 4131a111mN0611 � 103 200300 C).00 7 75 , oAoo'0 J).00 p0 0.00 0 00 0.0() ().00 This Space for Recorder's Use Only LICENSE AGREEMENT Parties: City of San Juan Capistrano Stoneridge Estates Homeowners Association THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS SD i RECORDING 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 C1 RECORDING FEE EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA 92675 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this U th day of /���20 / by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred tows "City", and STONERIDGE ESTATES HOMEOWNERS ASSOCIATION, hereinafter referred to as "Association". Recitals: WHEREAS, Association desires to use certain City right-of-way areas located on the site plans, attached as Exhibits A and incorporated herein by reference, for greenbelt purposes only and, WHEREAS, City has no present immediate need to utilize the right-of-way areas. NOW, THEREFORE, BE IT RESOLD between City and Association as follows: 1. Land Area to be Utilized for Landscape Greenbelt Purposes. City hereby consents to Association's use of that right-of-way described in Exhibit A. The intended use of the right-of-way by Association shall be to develop and maintain a landscaped greenbelt within the area as shown in Exhibit A. City agrees that Association may perform the minor grading necessary for use and Association shall not engage in any other grading or changing of basic contours of the right-of-way without prior written approval by the City. All trees are to be protected in place by the Association. If the Association should desire to remove any existing trees, it must be requested in writing to the City. No compensation shall be required of Association with respect to Association's utilization of the right-of-way area for greenbelt purposes. No other use of these areas will be allowed without written permission of the City Council of the City of San Juan Capistrano. Page 1 of 4 0 9 2. It is understood the area subject to this agreement is to be used solely as a passive landscaped greenbelt. As such, the following uses are specifically prohibited and would constitute cause for termination pursuant to Section 4 of this agreement. • Playing fields of any kind • Picnic tables, bar-be-ques, and other eating facilities • Dog Park or other animal uses • Special events (birthdays, block parties, concerts, etc. • Vehicle and equipment parking • Play equipment, pools, sport courts • Other uses, as determined by the City, which may develop over time shall be prohibited. In addition, the Homeowners Association (HOA) and Management Company shall provide adequate written notice to its residents and at the park site of prohibited activities within the passive landscaped area. The HOA and Management Company shall also be responsible to post at the site and notify residents regarding prohibition on use as a dog park and pick up and disposal of animal waste. 3. Maintenance. All maintenance, including irrigation, mowing, weed abatement, landscaping and general cleaning of the areas shall be the responsibility of the Association. 4. Term of License. This license shall continue on an indefinite basis but may be terminated without cause, by either party, by serving a notice of termination 90 days in advance on the other party. This agreement may be terminated for cause in 30 days for any violation or breach of the terms of the agreement. Right -of -Entry. City shall have the right to perform maintenance and/or repairs of any public utilities located within the easement areas at all times. City shall not be responsible for restoration of any Association improvements which may be damaged within designated areas due to maintenance or repair work performed by the City. City shall have the right to continue to use the existing asphalt pathways on an "as -needed" basis. A right of entry is also reserved at any time by the Fire and Police Departments of the City. Page 2 of 4 6. Hold Harmless. Association agrees to save and defend the City, 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 Association's rights and obligations under this Agreement. Association shall maintain in effect 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). City shall be named as an additional insured on such policy and an endorsement shall be provided to City proving that said insurance coverage is in place. 7. Notices. Any notices given under this agreement shall be served by first class mail on the other party as follows: To Association: Stoneridge Estates Homeowners Association Seabreeze Management Company, Inc. 39 Argonaut, Suite 100 Aliso Viejo, CA 92656 Attention: Carrie Zavadil To City: Director of Engineering and Building Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Page 3 of 4 DATED THIS Zl th day of 2003 at San Juan Capistrano. CITY O AN JUA CAPISTRANO i By: ug , City Manager Stoneridge Estat s Homeowners Association, A California Non-Profit Mutual Benefit Corporation President Secretary ATTEST: o(/�/ A GARET R. MONAHAN, CITY CLERK VAPROVED AS TO FORM: JOHN R. HAW, CITY ATTORNEY Page 4 of 4 SENT AY: SEAMEEZE; 1 949 655 6676 AUG -7-02 4:56PM; awl6/i fI PAGE 6/6 1 NJ IN j o- I i7 7� I r � s a� 1 . r .•� 4 \�Il ! IV fff���111 ` O �i �.�'o 4�8 ^,4 \ah awl6/i fI PAGE 6/6 1 NJ IN j o- 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I ss. On 0t Py e3 , before me, �Ygsbd L- / ' _5iry 0 to Name and Title of Officer (eg., " personally appeared R. L. KASSIR Commission i 1318480 [� z Notary Public - California £ Orange County My Camra. E)0rnAug 20, 21105 Place Notary Seal Above Cpersonally known to me DX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Bare subscribed to the within instrument and acknowledged to me that I e/stfe/they executed the same in "/hOr/their authorized capacity(ies), and that by Ifrs/f*r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my d offi seal. Signature triataPu Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document. _ Document Date: 114 pa Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: r6A& Number of Pages: F Individual Top of thumb here L i Corporate Officer —Title(s): J Partner —' Limited L General LJ Attorney in Fact Trustee 1.1 Guardian or Conservator Other: Signer Is Representing: 01999 National Notary Anodatlon • 9350 De Soto Ave. PD Box 2402 • Cha6wdrl CA 919132402 • www netlonalnotary-org Food No 5907 Reorder'. Call Toll Free t-0008986827 9 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On May 28, 2003 before me, Margaret R. Monahan, City Clerk, personally appeared George Scarbgrough, City Manager, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers City Manager Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document License Agreement Title or Type of Document 4 + acknowledgements & exhibits Number of Pages May 20, 2003 Date of Document Thomas Barrett Signer(s) Other Than Named Above Cc` 4 20C4 'FV • - No '170 F. 2 r. ....» ... ulrvl,a ',),NL•x .ISI r vI II - ,�� u ,,,. LIE I" t AmIfB LII', -. .Inlanu nu I AC RD k , ILII DATE .u: I.' � . u,�r�U 1 w llw�G'f�l�l u �L'a� I r �4 •'. �• n ., ;x b� ,� IIP ,r dwl7Jf�ju�i�l�da dir 10/04/20I0000TY) 4 u:� P :Ir 'I,- nrr ..,. a .I •. LL � .16rtl.11 4!M,`lu 1.,, .... 1 a.....'. n ,r �, .. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBCO INSURANCE SERVICES License #0750612 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PODCIES BELOW. 27362 Calle Arroyo COMPANIES AFFORDING COVERAGE San Juan Capistrano, CA 92675 COMPANY A PHILADELPHIA INDEMNITY CO INSURED STONERIDGE ESTATES COMPANY B ZURICH Seabreeze Management 39 Argonaut #100 COMPANY Y ZENITH INSURANCE COMPANY Aliso Viejo, CA 92656 BJA COMPANY D GREAT AMERICAN INS. CO. eD�R�Es "ru�I,l' I.^ ,.. w h l ,l I � ° '�"lI l,. r, l al„ql}' I•I• � .. r J, .;,lxk r^. ',461 LI, rr. WIIIV I "' .,:"fitlIH:J{'I, r14.,LY.)J, THIS IS TO CERTIFY THAT 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 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POUCYEFFII DATE(MINOONTI POLICTEXPIRATION DATE(MMIDGTh LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PHPK059279 09/01/03 09/01/05 GENERAL AGGREGATE s 2,000,000 PRODUCTS OOMP/OP AGG $ 2 000 0 CLAIMS MADE a OCCUR PERSONAL 3 ADV INJURY S L0001000 000 EACH DOCURRENCE f 1,000,000 OWNER'S d CONTRACTORS PROT FIRE DAMAGE(Arly a r. lift) f 100.000 MED EXP (my one "non) S 5,000 A AUTOMOBILE LIABILITY ANY AUTO PHPK059279 09/01/03 09/01/05 COMBINED SINGLE LIMIT t 1,000,000 BODILY INJURY (P., PAnoA) t PLLOW NED AUTOS SCHEDULED AUTOS BODILY INJURY (Per NKcre.nll t X X HIREDAUTOS NON OWNED AUTOS PROPERTY DAMAGE f GARAGE LIABILITY AUTOONLY EAACCIDENT f OTHER THAN AUTO ONLY ANY AUTO EACHACCIDENT f AGGREGATE S B EXCESS LIABILITY X UMBRELLA FORM 1504785 10/16/03 09/01/05 EACH OCCURRENCE S 15,000,000 AGGREGATE S 15,000,000 E OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Z045916607 07/29/99 09/01/05 X WC STATU OFR EL EACH ACCIDENT f 1,000,000 EL DISEASE. POLICY LIMIT t 1,000,000 THE PROPRIETOR/ INCL PMTNEg3'EXECVFIVE OFFICERS ME X EXCL EL DISEASE EA EMPLOYEE I S 1,000,000 A OTHER PROPERTY COVERAGE PHPK059279 09/01/03 09/01/05 $300,000 SPEC FORM REPL/ COMMON AREA ONLY COST $1,000 DED 100gPCOLN DESCRIPTION OF OPERATIONSILOCATIONFJVEHICLEWSPECIAL ITEMS CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED OFFICIALS ARE ADDITIONAL INSURED REGARDING LICENSE AGREEMENTIUSE OF RIGHT-OF-WAY BY ASSOCIATION TO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOWN IN 9AWN ...-J,-futEd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MNL X _nr DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LER, BIR FAILURE TO MAL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR LIABILITY OF ANY WHO UPON THE COMPANY, R9 AGENTS OR REPRESENTATIVES. gUTNORIIED REPRWIYTATVE PA�R I "ubSS �"Filf��lr. �.;n C1`�nMl'�ei ii,A. ,.� INIIN�Ih' -" , f).2� �f .... ) � ral'l�,l.' . s,,.. I .�.' ,. "SL v , •.;A11.' I au ' yu.xl°11 I /1 a Op ' .�inMw•r..r@ 7x'..mXBf, a...: IBIQ' �. ...., Rllltl... 4 2C04_ 1 18 INSURED: STONERIDGE ESTATES OTHER COVERAGES - (Continued); CO POUCY EFFECTIVE POLICY EXPIRATION DATE LTR TYPE OF INSURANCE POLICY NUMBER DATE D FIDELITY COVERAGE 38211146 09/01/03 09/01/05 EMPL DISHONESTY D DIRECTORS AND EPP5669036 09/01/03 0910110S OFFICERS LIABILITY 0. 1 ' 10-P. 001476 BJA LIMITS $300 000 BOND LIMIT $2,560 DEDUCTIBLE $1,000,000 LIMIT $1,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS - (Continued): EXHIBIT A PROPERTY MANAGER IS INCLUDED AS NAMED INSURED ON COMMON AREA LIABILITY PROPERTY MANAGER IS INCLUDED FOR COVERAGE ON FIDELITY BOND PROPERTY MANAGER IS AN ADDITIONAL INSURED ON THE D&O LIABILITY UMBRELLA IS EXCESS OVER COMMON AREA LIABILITY AND D&O LIABILITY Ccf 4. 2004 1:18PY • POLICY NUMBER: PHPK059279 0No 117n o. 4 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED OFFICIALS ARE ADDITIONAL INSURED REGARDING LICENSE AGREEMENTIUSE OF RIGHT-OF-WAY BY ASSOCIATION TO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOWN IN EXHIBIT A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Service Office, Inc., 1984 Oc`. 4 2C04 1 17PV 0 27362 Calle Arroyo San Juan Capistrano. CA 92675 Phone (949) A87-6131 Fox A97-6152 Lic #0750612 rr 0 To: Dawn Schanderif Admin Asst. From: Bonnie Ayersman Ext 210 Fax: 949-493-1053 Pages: 5( including cover) Pholle; Date: 1014104 Re: Stoneridge Estates CC: Seabreeze Property Management 949-855-6678 ❑ urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Following please find the updated Additional Insured Certificate you have requested. The originals will be mailed. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanjuancapPstrano. org August 24, 2004 Stoneridge Estates Seabreeze Management 39 Argonaut #100 Aliso Viejo, CA 92656 IAfA1P1AARA [�OfNfA I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements - License Agreement for use of certain City right-of-way areas for greenbelt purposes only The following insurance documents are due to expire: I General Liability Certificate 9/1/2004 V General Liability Endorsement form naming the Cid of San Juan Capistrano I�—/ 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 datoy.)lf you have any questions, please contact me at (949) 443-6309. Adminis4tive Secretary cc: Dawn M. Schanderl, Administrative Assistant Brian Ige, Engineering Assistant San Juan Capistrano: Preserving the Past to Enhance the Future SENT 6V: SEARREEZE; 1 949 655 6678 ; DEC -22- 6 2:39PM; PAGE 2 _12/18,2003 17:26 ROBC0 r�HETTE i 8556678 N0.352 902 CERTIFICATE OFLIABt.WTY�l, � ;"�ACORQ RANCE ,,] PNDDUCEA UTTFn DF INFORMATION RORCO INSURANCE SERVICES LICtnSe N0750612 ONLY AND CONFERS NO RIONTS WON THE GERTiPICAYE HOLDER. THIS CERTIFICATE DOE& NOT AMEND, EXTEND OR ALTER THE CO iRAO! AFFORDED BY THE POLICIBO BELOW. 27362 Calk Arroyo SAn Juan CapiTtrano, CA 92675 COMPANIES AFFQRDIND CCV4RACE co Awv PHILADELPHIA INDEMNITY CO dAVMD STONERIDGE ESTATES CONPANv B ZURICH Scabreeze ManageEaem 39ArgOnau10100 COMPANV C ZENITH INSURANCE COMPANY Aliso Viejo, CA 92656 eJA COMgN. D GREAT AMERICAN INS. CO. COVERAGES THIS 16 TO CER11" THAT THE POLICIES OF INSURANCE LISTED BELOW HAYS BEEN ISBUED T O 7HE INSURED NAMED ABOVE001 THE POLICY IRMOO INOICAT[O, NOTWITH6TANDINO ANY RRTA EQEARENMNT, TEOP CONDITION OP ANY DONT PWITH ACT OR OTHER DOCUMENT RESPECT TO WHICH PHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INEpRANCE AFFORDED BY THE POLICIES OESCIYBED HEREIN IB SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITION OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO NTR TTrINwEWAMI rOA,N NYAA{P POLICIaIIGOTIVA MTs mwoo TT) MMCVEAPNI&Y,OTI EATt RIH'ODMP EMR[ A DENtMl.rtl,m/ PIIPKOSl279 09/0]/Q3 Oy/0]/OR DAM:PALAGDAEOATE {_.,. COIMEgG0. OtN[PN, WAIyTv CY.AA6 MICE D OCCUR IpOOUCTS. COMPIy APp { UAV I E.CNOCcuMNNq { OMKTIa I CONTRACTOR'S PACT IME OMINOf IM •••,.•1 I IMAGO A AUTOMPInE LOAM" "..UTO PHPKDS9279 09/01/03 09/01!06 cowlM;ospalr.R+, { 1,000.000 -•__ NEA OwNlD ALP.a tCNfDUlaO NNOa 0004YIWlIPY { Rn p'1O"I X X r.+cD NU1oa NDMOIPNO.VIOS eoonY H,Wr I (Pr 1.uP.^i PROPEAT. O+MA= C aAWOf UNaI" .UTOCMr-EA NCLIDENI / CTHER TNA- AUTOOxIv, NTA' W10 EACH ACC,OENT I AGOAFMtE { D EA umcmaw" X wapeLU )ORM 15047/500 10/16/03 09/02/04 EACNocEu mcs 1 15000000 .AOplGOTf { IS DTXI DDB t OTMG9 T,yl. uyA„El,w tdlM C vaAtw DAxravaA wx wD arwvEpr w114.1" Z069916606 07/29/99 09/01/06 ,I FTM EL{ACHACCIOfVT I I AMINO THE KON it dGL./c POUCv LIMT tP.R E1. dataEAA NMPIOTf{ 1 O"@AM X 6 1. A OVHIA PROPERTY COVERAGE PIIPKOS9279 09/01/03 09/01106 5300,000 SPEC FORM ILEPU COMMON AREA ONLY COST $1,006 DID 1BD%COIN DaNCAvnlOq 0/ OrAMTTONVNCCATq.BMEMCIiBNECMI IT04 CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED OFFICIALS ARE ADDITIONAL INSURED OrGA RUING LICENSE AGREEMENTAISE OF RIGHT-OF-WAY BY ASSOCIATION TO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOWN IN CCRTIFICATE HOLDER CA0CRLI,4y" 1 Tnn6Y. NAljfe (orNaa-POrTARI Tit Prc111N01 CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 AHDYIR .•n d THe:LVe Kl CMAEA FOLKES RE CAH[al{AA ""I f TIE EErAMTIBA MTB TARPON. THE WOW CON/ar AAL NOANIOR To MAI. �_ qrP A A.TW •PTCA TO ME Cts-TM.ta .ALD" HA,MP YD THE IAA, .vr PMLVM TD HMA NVPN .arrcP aMNu nrreu MD owwro. oq wrL" or mv ANDur.N YHA M.ANT. ITS "041 .. .T.PRZNWAI, a. AvTH.N{cb I... � .. .... ......... � ., . I ACORDME(UBfS "' � 0ACORDCORPORAT19N1SN SENT BY: SEABREETE; 12z42i2003 17:28 1 949 855 6678 ; ROBCO i0BETTE + 8556678 CERTIFICATE O INW IrnnlinuatinnO . DEC-22-0112:39PM; PAGE 3/4 46 ND.352 003 ANCE 001476 BJA INSURED: STONERIDGE ESTATES OTHER COVERAGES - (Continued): rdlCr fEC�K POuc iib+ ire nsu v[oc we,.wci rpucv rllwe[e DATE ora oars D FIDELITY COVERAGE 30211146 09/41/03 05/4L04IM52"DAIDUCTIBLIE OND LIMIT EMPL DISHONESTY O DIRECTORS AND EPPY660036 09/01/09 09/01!04 1,000,000 LIMIT I` OFFICERS LIABILITY 1,00011EDUCTIBLE DESCRIPTION OF OPERA TIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - (Continued); EXHIBIT A PROPERTY MANAGER 1S INCLUDED AS NAMED INSURED ON COMMON AREA LIABILITY PROPERTY MANAGER IS INCLUDED FOR COVERAGE ON FIDELITY BOND PROPERTY MANAGER IS AN ADDITIONAL INSURED ON THE D&O LIABILITY UMBRELLA IS EXCESS OVER COMMON AREA LIABILITY AND D60 LIABILITY SENT By" SEABREEZE; 1 949 655 6678 ; q ac -u -..tens [tl RDBCD i •BETTE -t 8556678 POLICY NUMBER: PHPK069279 DEC -22-06 2:39PA1; PAGE 4/4 1,10.352 Pea COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organisation CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92676 CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED OFFICIALS ARE ADDITIONAL INSURED REGARDING LICENSE AGREEMENT/USE OF RIGHT-OF•WAY BY ASSOCIATION TO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOWN IN EXHIBIT A (It no entry appears above, Information required 10 complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to include as an lneured the person or organization shown in the Schedule, but only with respect to liability arising out of your Operations or premises owned by or reeled 10 you. CG 20 26 11 85 Copyright, Insurance Service Office, Inc., 1954 SENT BY: SEABREEZE; • 1 949 855 6678 ; DEC 22- 4 2:38PM; PAGE 1 SEABREEZE MANAGEMENT COMPANY, INC. FACSIMILE TRANSMITTAL SHEET TO' FROM: Dawn Carrie Zavadil COMPANY: DATE City of San Juan Capistrano DECEMBER 22, 2003 FAX NUMBER. TOTAL NO. OF PAGES INCLUDING COVER. 949.493-1053 4 pages PHONE NUMBER: SENDER'S REFERENCE NUMBER 949-443-6339 Stoneridge Estates Homeowners Association RE YOUR REFERENCE NUMBER. Insurance Certificate ❑ URGENT 10 FOR REVIEW ❑ PLEASE COMMENT ❑ FOR YOUR INFORMATION 39 ARGONAUT, SUITE 100 ALISO VIEJO, CA 92656 949-855.1800 PHONE 949-865 6878 FAX CARRIEZOSEABREEZEMGMT. COM J 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) Av lv m_sanj uancapistrano- org August 27, 2003 Stoneridge Estates Seabreeze Management 39 Argonaut #100 Aliso Viejo, CA 92656 Jman IAI0AI0IAII4 6111 BMA 1 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH RE: Compliance with Insurance Requirements - License Agreement for use of certain City right-of-way areas for greenbelt purposes only The following insurance documents are due to expire: V General Liability Certificate 9/1/2003 V General Liability Endorsement form naming the City of San Juan Capistrano as additional insured. "V—� 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 September 10, 2003. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn Schanderl Deputy City Clerk cc: Cathy DuCoing onuo usE Is San Juan Capistrano: Preserving the Past to Enhance the Future Alk Ah 94CJR �'RT�FIGA F LI' ( i Al�t�.'�= I.i DATE (MM/DdYY) Ifjl1 jR�,p,�,I n. V t� IIIT1�7J: a 03/31/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBCO INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0750612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 27362 Calle Arroyo COMPANIES AFFORDING COVERAGE San Juan Capistrano, CA 92675 COMPANY A NEW HAMPSHIRE INSURANCE CO. INSURED COMPANY STONERIDGE ESTATES B KEMPER INSURANCE COMPANY Seabreeze Management 39 Argonaut #100 COMPANY ZENITH INSURANCE COMPANY Aliso Viejo, CA 92656 COMPANY JEH D COVERAGES _ I'•1iI .. .:. THIS IS TO CERTIFY THAT 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTVE DATE(MM/DDVYY) POLICY EXPIRATION DATE(MWDD/YY) LIMITSLTR A GENERALLIABILTTY CDO1896850 09/01/01 09/01/03 GENERALAGGREGATE $ 2.000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—XI OCCUR PERSONAL I ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1000 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any we lire) $ 50,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY CDO1896850 09/01/01 09/01/03 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON-OWNEDAUTOS (Per .,dont) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY 7SGI34564 09/01/01 09/01/03 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000 000 X UMBRELLA FORM 1 $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND Z045916605 07/29/99 09/01/03 X I T,RYTATLIMIT OTR EL EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT $ 1,00-0,00-0— THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - EA EMPLOYEE $ 1.000.01(m) OFFICERS ARE: X EXCL A OTHER PROPERTY COVERAGE CDO1896850 09/01/01 09/01/03 $135,000 ALL RISK REPL COMMON AREA ONLY COSTP,000 DUD 90% COIN Z L DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED _ —0Il /y OFFICIALS ARE ADDITIO) s n 1 INSURED REGARDING LICENSE AGREEMENT/USE OF RIGHT-OF-WAY BY ASSOCIATI I MTO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOW rT C TIFICATE HOLDER�'NoUce'tb��1 " AA`''td[1}$ium SHOULD ANY OF THE ABOVE DESCRIBED PWCIES Bc'ANCELIqPEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING .=CL ENDEAVOR TO MAIL OFFICE OF THE CITY CLERK pMDMPANY 30 DAYS WRRTEN NOTICE TO THE CERTIFICATE HONER NAMED TO THE LEFT, 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA., 92675 BUT FAILURE TO SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPTVE 001476 ACORD 25-5 (1/95) ":•el I;i;;al , fl:I .i; (,jj;;,,y) II a ;i�,'' . ACORD CORPORATION 1988 ry E LanM eA&k, AgII /o f CJay CEq#IFIQATE ©F'INSUR E, ,', Con#iivations) 001476 JEH INSURED: STONERIDGE ESTATES OTHER COVERAGES - (Continued): CO POUCY EFFECTIVE POUCY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE UMITS B FIDELITY COVERAGE 3FO18848 09/01/01 09/01/04 $300,000 LIMIT EMPL DISHONESTY $2,500 DEDUCTIBLE B DIRECTORS AND 3DY007352 09/01/01 09/01/04 $1,000,000 LIMIT OFFICERS LIABILITY $1,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - (Continued): EXHIBIT A PROPERTY MANAGER IS INCLUDED AS NAMED INSURED ON COMMON AREA LIABILITY PROPERTY MANAGER IS INCLUDED FOR COVERAGE ON FIDELITY BOND PROPERTY MANAGER IS AN ADDITIONAL INSURED ON THE D&O LIABILITY UMBRELLA IS EXCESS OVER COMMON AREA LIABILITY AND D&O LIABILITY POLICY NUMBER: CDO1896850 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization CITY OF SAN JUAN CAPISTRANO OFFICE OF THE CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA., 92675 CITY OF SAN JUAN CAPISTRANO,ITS ELECTED APPOINTED OFFICIALS ARE ADDITIONAL INSURED REGARDING LICENSE AGREEMENT/USE OF RIGHT-OF-WAY BY ASSOCIATION TO DEVELOP AND MAINTAIN A LANDSCAPED GREENBELT WITHIN THE AREA SHOWN IN EXHIBIT A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Service Office, Inc., 1984 • • 5/20/2003 D3 AGENDA ITEM TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of License Agreement with Stoneridge Estates Homeowners Association for Creating a Passive Park. By motion, approve the License Agreement with Stoneridge Estates Homeowners Association for the purpose of creating a "passive' park on City right-of-way for greenbelt purposes only, and authorize the City Manager to execute the Agreement. A. Summary and Recommendation The City currently owns property located at the end of Horno Creek Road within Stoneridge Estates, which the homeowners association maintains. The homeowners adjacent to the property have requested the City limit the use of the property, as it was being used as an off -leash dog park, sports area, and other uses which they felt constituted a nuisance. This letter was the result of failed attempts to resolve the situation with the offending homeowners and the Stoneridge Estate Homeowners Association. The City met with Seabreeze Management Company, the property manager for the homeowners association, on October 23, 2001 to discuss the use of the property. They informed us that written notification had been made to the residents who were in violation of Association CC&R's and the Municipal Code as it related to pet leash requirements. It was determined at this meeting that a license agreement between the homeowners association and the City, with restrictions designed to ensure passive use of the property, would best serve all parties involved. A formalized agreement such as this would better enable the homeowners association to enforce its CC&R's, while addressing the adjacent residents' concerns. In addition, it would allow the City to have stronger control over the homeowners association use of the property. The license agreement would clearly restrict "intensive" use of the property from use as a dog park, athletic field, skateboard park, picnic/barbeque area, etc. The intent was to allow use as a "passive' park area to be maintained by the homeowners association. A license agreement was prepared and submitted to the homeowners association for review and approval (Attachment 1). This license agreement was presented to the homeowners association officers and approved as submitted. FOR CR COUNCIL AGENDA... 0 0 Agenda Item Page 2 May 20, 2003 B. Background In June 1990, an agenda item was taken to City Council for consideration of a license agreement for this same area. The item was to be continued for 45 additional days to allow for additional notification of the residents by the homeowners association. The license agreement, as presented at that time, did not restrict use to a "passive" park, however, it did provide for greenbelt use and homeowner association maintenance. After review of City records, staff was unable to find any further action regarding this proposed agreement. COMMISSION/BOARD REVIEW, RECOMMENDATIONS This report has been forwarded to the Pars, Recreation & Equestrian Commission for their information. FINANCIAL CONSIDERATIONS There are no costs to the City in this agreement with Stoneridge Estates Homeowners Association. NOTIFICATION Stoneridge Estate Homeowners Association (c/o Seabreeze Management Company) Gary R. Habekost John Krebs ALTERNATE ACTIONS By motion, approve the License Agreement with Stoneridge Estates Homeowners Association for the purpose of creating a "passive" park on City right-of-way for greenbelt purposes only, and authorize the City Manager to execute the Agreement. 2. By motion, do not approve the License Agreement with Stoneridge Estates Homeowners Association. Refer to staff for additional information. 0 9 Agenda Item Page 3 May 20, 2003 RECOMMENDATION By motion, approve the License Agreement with Stoneridge Estates Homeowners Association for the purpose of creating a "passive" park on City right-of-way for greenbelt purposes only, and authorize the City Manager to execute the Agreement. Respectfully Submitted, William M. Huber, .E. Director, Engineering and Building W MH/JT Attachments 1. License Agreement 2. Location Map Prepared By, Jill Thomas Management Analyst I ATTACHMENT 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1VIVIV. sanj uancapistrano. org May 23, 2003 n NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L RATHGATE JOHN S. GELFF WYATTHART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARROROUGH On May 20, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of License Agreement with Stoneridge__ Estates Homeowners Association for Creating a Passive Park" Item No. D3 The following action was taken at the meeting: License Agreement with Stoneridge Estates Homeowners Association for the purpose of creating a "passive" park on the City right-of-way for greenbelt purposes only, approved; and the City Manager authorized to execute the agreement. If you have any questions regarding this action, please contact Jill Thomas, Management Analyst I at 443--6362 for more detailed information. Thank you, It Monahan, CMC City Clerk Enclosed: Cc: Stoneridge Estate Homeowners Association (c/o Seabreeze Management Company); Gary R. Habekost; John Krebs; William M. Huber, Engineering and Building Director; Jill Thomas, Management Analyst I San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) ,v,vixsanjuancaprstrano. org n[Ineert[I m"usw I 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATNGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 20, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of License Agreement with Stoneridge Estates Homeowners Association for Creating a Passive Park" – Item No. D3 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 19, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Management Analyst I. You may contact that staff member at (949) 443--6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(cDsanivancapistano.org. han, CMC—�� cc: Stoneridge Estate Homeowners Association (c/o Seabreeze Management Company); Gary R. Habekost; John Krebs; Jill Thomas, Management Analyst l; William M. Huber, Engineering and Building Director * Received staff report oauo use WFAMEW es San Juan Capistrano: Preserving the Past to Enhance the Future