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1996-0910_ORANGE ,COUNTY OF ET AL_Agreementt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G / T y Agreement No. D95-122 AGREEMENT FOR THE TRANSFER OF STONEHILL DRIVE RIGHT-OF-WAY AND EXCESS RIGHT-OF-WAY FROM COUNTY TO CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT is made and entered into this day of 199(cby and between the City of San Juan Capistrano, a municipal corporation of the State of California ("CITY") and the County of Orange, a political subdivision of the State of California ("COUNTY"). W -I -T -N -E -S -S -E -T -H Recitals: A. COUNTY, through Agreement No. D89-343 with CITY, agreed to acquire property (commonly referred to as YMR Parcel) on behalf of CITY for the construction of Stonehill Drive. B. CITY requested COUNTY to acquire all the YMR Parcel which is in excess of what is needed for the road construction. C. COUNTY acquired the property with 85% Federal and State match funds and completed the Stonehill Drive improvements. D. COUNTY is in the process of transferring YMR Parcel to the CITY. E. The construction of Stonehill Drive and its associated slopes utilized only the center portion of the YMR Parcel and created two excess properties (one north and one south of Stonehill Drive) that are not needed for the road construction. F. Federal Highway Administration Regulation (23CFR Section 710.304) requires excess property purchased with Federal funds to be sold and the Federal government to be reimbursed for its costs of acquiring the excess properties, with property sale proceeds. G. CITY requests that all the YMR Parcel be transferred into CITY ownership as seven separate properties: road right-of-way (parcels 133, 133.1 and 133.2); slopes (parcels 133.3 and 133.4); and excess properties (parcels 133.7 and 133.8) shown on Exhibit A attached hereto and made a part hereof. H. CITY and COUNTY wish to clarify CITY's obligations for YMR excess property. NOW, THEREFORE, it is mutually understood and agreed by CITY and COUNTY as follows: 1. COUNTY will prepare the property deed(s) for transfer of title to CITY. 2. CITY will assume the obligations of Federal Highway Administration Regulation (23CFR Section 710.304) for said YMR excess property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 3. Should COUNTY receive an invoice for reimbursement for the excess property, COUNTY shall transmit invoice to CITY and advise Federal Government of transfer of debt obligation to CITY. 4. Neither party to this Agreement nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work, authority or jurisdiction delegated to the other party under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, with regard to any work, authority or jurisdiction delegated to the other party under this Agreement, such party shall fully indemnify, defend, and hold the other party harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done under or in connection with such delegated work, authority or jurisdiction. 5. Any notices, requests and demands made pursuant to this Agreement are to be directed as follows: To SAN JUAN CAPISTRANO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 Attn: City Engineer To COUNTY: Environmental Management Agency P.O. Box 4048 Santa Ana, CA 92702 Attn: Director of Transportation IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: Ap ved As Torm: City Attorney SIGNED AND CERTIFIED T1-LkT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LQ'6� 1% L-a� — Clerk of the BcarT of Supervisors of Orange County. California APPROVE AS TO FO CounCoun el by date: City of San Juan Capistrano �l1°lGl �a 01 Mayor of Orange man of the Board Supervisors X00' I a h' C 19 a \ 7Prri -ji& m 73 I \ OByL .j7 I 2s2ao• i I�'.4.P r2r-254 n -N, I 'y�GG '33 \ � 9 ANDREW Y. LUI, et al, Trustees .L A.P.l21-254-02 � PCL. l PER O.R. ; 4328/'85/ \ and DOC.86-5T3960 7338 I 'R�c•so. w "RIEL A, MUsHETT �— A.P.i21 2541& DOC. 85-34297/ DOC.86-22/385 i \ ,WCHAEL ✓ WELTHER "-p-12,'25,;-19 EXHIBIT A O.R.13062/159 OM M So' i s.ar•. �6sa• �. i V zi X35 Q I c I � 60, i ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY I LOCATION MAP RIGHT - OF - WAY ENGINEERING I PROJECT : STONEHILL DRIVE I SCALE : 1°=100' August 12, 1996 Mr. Tom McCabe Orange County EMA P. 0. Box 4048 Santa Ana, California 92702-4048 Re: Agreement No. D95-122 - Stonehill Drive Right -of -Way Dear Mr. McCabe: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OILJONES CAROLYN NASH DAVID SWERDLJN C" MANAGER OEOROESCARBOROUGH At their meeting of August 6, 1996, the City Council of the City of San Juan Capistrano took action to accept Agreement No. D95-122 for the transfer of right-of-way, excess right- of-way and debt obligation for excess Stonehill Drive right-of-way from the County to the City of San Juan Capistrano. Three copies of the Agreement have been signed by the City and are enclosed. Following signature by the Board of Supervisors, please return one copy to the City Clerk's office. Thank you for your assistance in this matter. Please feel free to contact Douglas Dumhart at 443-6316 if you have any questions. Very truly yours, Cheryl ohnso City Clerk Enclosure cc: Charles Antos Al Mockus Teresa Cota-Arias Carolyn Ansari Blair Dahl Shelly Morris Andrew Lui Douglas Dumhart 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 AGENDA ITEM August 6, 1996 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart. Management Analyst II SUBJECT: Consideration of Agreement with County of Orange for the Transfer of Right -of - Way, Excess Right -of -Way and Debt Obligation - (Stonehill Drive). RECOMMENDATION By Motion, accept the Agreement No. D95-122 with the County of Orange for the transfer of right-of- way, excess right-of-way and debt obligation for excess Stonehill Drive right-of-way from the County of Orange to the City of San Juan Capistrano and authorize the Mayor to sign the Agreement on behalf of the City; and, 2. authorize Staff to negotiate an agreement for the deposition of the excess parcels once title has been transferred to the City. SUMMARY In April, 1990, the City of San Juan Capistrano entered into Agreement No. D89-343 (Attachment 1) for the construction of Stonehill Drive with the County of Orange. The Construction of Stonehill required the purchase of land known as the "YMR parcel' for Stonehill right -of way. The extension of Stonehill was completed in 1992 and the County is now in a position to transfer the property and debt obligation of the YMR parcel to the City. The YMR parcel was purchased using Federal funds which require reimbursement. As required by Agreement No. D89-343, the County is in the process of transferring the YMR title and debt obligation to the City and has prepared Agreement No. D95-122 (Attachment 2) to clarify this transfer. Once title is received the City will need to sell the remanent parcels to reimburse the federal dept obligation. Marketing and sale of these properties will require expertise from outside the City. Staff recommends that the City Council enter into Agreement No. D95-122 to formally accept properties and authorize Staff to negotiate an agreement to begin marketing the excess parcels once title has been transferred to the City. BACKGROUND In April, 1990, the City of San Juan Capistrano, by Resolution No. 90-04-17-8, declared Stonehill Drive within the City limits to be a County highway for the period of construction and entered into Agreement D89-343 with the County of Orange to define financing and areas of responsibility for the Stonehill Drive project. FOR CITY COUNCIL AGEN r c� 0 0 AGENDA ITEM -2- August 6, 1996 The County of Orange was the lead agency for design, right-of-way acquisition, construction management and inspection for the Stonehill Drive project. Construction started April 1, 1991, with opening ceremonies February 7, 1992. In acquiring right-of-way for the Stonehill Drive project, it was necessary to acquire an entire parcel known as the YMR property. The easements for the necessary roadway and slope easements cut through the middle of the property, this resulted in residual properties outside that required, both north and south of the roadway slopes. These properties are classified excess in that they are not necessary for the roadway or slopes, but were acquired because the roadway project cut the parcel in the middle. The remnants are more particularly described as Parcels No. 133.1 through 133.8 in Exhibit A of Attachment No. 2. The properties are not part of the roadway right-of-way and are considered excess property and can be marketed, possibly to the adjoining property owner. The Federal government funded 85% for the YMR excess properties of the acquisition price with the condition that when the properties are sold, or two years after project completion, the Federal government will be reimbursed 85% of what the City sells the parcels for up to the maximum of $1.2 million. No request for reimbursement has been made to date. Agreement D95-122 will transfer debt obligation for the YMR excess parcels from the County of Orange to the City of San Juan Capistrano. Staff recommends that the City enter into this Agreement. After the Agreement is fully executed, the property title can be transferred to the City. In the past, discussion and studies have occurred regarding a possible off ramp from the southbound I-5 to westbound Stonehill Drive. Depending on the choice of design, this has the potential to impact either parcel. Staff, however, believes it inappropriate to retain these parcels given the costs of reimbursement, considering the off ramp designs have never been approved by the City and there is no current funding identified to build such a project. Staff, therefore, recommends that City Council approve marketing these properties for sale once title has been transferred to the City. Qualifications Federal regulations (23 CFR, Section 710.203) dictates that Caltrans has overall responsibility for the acquisition and disposition of right-of-way on all federally aided highway projects. City staff has not obtained this qualification status nor do they meet the qualification requirements. For an agency to be qualified they must: A. Have prior Caltrans approval on its organizations procedures and procedural handbooks for all right-of-way functions. 1. Be adequately staffed, trained and organized to do right-of-way work and 2. Have written policies and procedures that meet State and Federal requirements. B. The above requirement may be met by furnishing a staffing and organization chart and statement, a resume of its staff s experience, and either one or any combination of the following: AGENDA ITEM -3- August 6, 1996 1. Adoption of Caltrans right-of-way procedural handbooks; or 2. Development and adoption of agency run manuals in a manner that meets state and federal requirements; or 3. Narrative responses to the 27 questions including definitive procedural descriptions (Exhibit 09-07-01 of 23 CFR). C. District must document that agency is adequately staffed with the necessary expertise at all levels of staff involvement and make a determination that an agency is certified as qualified. In the past, Caltrans staff has been available to assist cities with the Federal property acquisition or disposition process. State staff reductions make this no longer possible. Other pre -qualified agencies public or private are available. It will be necessary for the City to enter into an agreement with a pre -qualified agency in order to effect the sale in a manner acceptable to the Federal authorities. FINANCIAL CONSIDERATIONS Costs associated to market this project such as appraisals, title reports will be paid from funds of the sale. According to CFR Section 713.307 (c) states, "When a credit to federal funds is required, the cost of disposition may be deducted from the sales price." How these up front marketing costs are paid are subject to negotiation and will be addressed when staff return with an agreement to sell the subject parcels. NOTIFICATION Tom McCabe, Orange County EMA Charles Antos, Orange County EMA Andrew Lui Shelly Morris, Zurich Life ALTERNATE ACTIONS Blair Dahl, Snyder Langston Carolyn Ansari, County of Orange GSA Teresa Cota-Arias, Caltrans Al Mockus, Federal Highway Administration Accept Agreement D95-122 with the County of Orange and authorize the Mayor to sign on behalf of the City. Authorize Staff to negotiate an agreement to begin marketing the excess parcels once title has been transferred to the City. 2. Do not accept Agreement D95-122 with the County of Orange. Refer to Staff for additional information. 0 AGENDAITEM RECOMMENDATION By Motion, -4- LI August 6, 1996 accept the Agreement D95-122 with the County of Orange for the transfer of right-of-way, excess right-of-way and debt obligation for excess Stonehill Drive right-of-way from the County of Orange to the City of San Juan Capistrano and authorize the Mayor to sign the Agreement on behalf of the City. 2. authorize Staff to negotiate an agreement to begin marketing the excess parcels once title has been transferred to the City. Respectfully Submitted, Douglas D. Dumhart Management Analyst II Attachments: 1. Agreement D89-343 2. Agreement D95-122 C\AG ENDAS\ ] 996\8-6STNHL. W PD 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 r • C(:ODPY 0 Agreement No. 089-343 AGREEMENT io THIS AGREEMENT, made and entered into this IkI day Of11990. BY AND BETWEEN: AND The CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter designated as "CITY," The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I T N E S S E T H WHEREAS, COUNTY proposes to extend Stonehill Drive from Seaside Drive to Camino Capistrano, including bridges across San Juan Creek Channel and over the AT&SF Railway, hereinafter referred to as "PROJECT"; and WHEREAS, the portion of the PROJECT from easterly right -of way of San Juan Creek to Camino Capistrano is within CITY limits; and WHEREAS, portion of the proposed Stonehill Drive extension , from Seaside Drive to easterly right-of-way of San Juan Creek is within the City of Dana Point (not a party to this agreement) which incorporated effective January 1, 1989; and WHEREAS, Cooperative Agreement D89-344, between the City of Dana Point and COUNTY defines the area of responsibility for the portion of PROJECT within the City of Dana Point; and WHEREAS, Stonehill Drive is a Primary Arterial Highway on CITY's circulation element and on COUNTY's Master Plan of Arterial Highways; and WHEREAS, COUNTY and CITY have adopted a Stonehill Drive alignment for the extension of the arterial highway from Seaside Drive to Camino Capistrano; and WHEREAS, CITY, as lead agency for CEQA purposes, has approved on March 1, 1983, an Environmental Impact Report for PROJECT as required by CEQA; and -1- ATTACHMENT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J • Agreement No. D89-343 WHEREAS, COUNTY has allocated funds for all of the design and construction cost of the bridge over San Juan Creek, in COUNTY's Major Bridge Program hereinafter referred to as "MBP"; and WHEREAS, COUNTY and CITY have received approval of Federal Aid Urban (FAU) funding in Fiscal year 1988-89, which is intended to reimburse approximately eighty-six percent (85.87X exactly) of right-of-way acquisition, design and construction costs for PROJECT excluding the bridge at San Juan Creek; and WHEREAS, the amount of FAU funds in the current PAU program is now insufficient to participate in the full cost of PROJECT as presently estimated; and WHEREAS, COUNTY proposes to be lead agency for the implementation of PROJECT; and WHEREAS, COUNTY prepared and processed environmental documents required by the National Environmental Policy Act (NEPA) and a Finding Of No Significant Impact was issued for PROJECT in December, 1988; and WHEREAS, COUNTY's Board of Supervisors declared the portion of PROJECT within CITY limits to be a COUNTY highway during period of improvement, and transmitted a copy of said Resolution No.90-448 to CITY for concurrence, as authorized by Street and Highway Code Sections 1700 and 1701; and WHEREAS, COUNTY entered into an agreement with the AT&SF Railway for construction of Stonehill Drive overpass within AT3SF right of way at the railroad crossing; and WHEREAS, COUNTY and CITY wish to define financing and respective areas of responsibility for design, acquiring right-of-way, construction and inspection for PROJECT, in a more complete manner than was done in previous agreements between CITY and COUNTY designated as Agreement Nos. D85-006 as amended September 16, 1986 and D80-126 as amended January 13, 1981. -2- ATTACHMENT 1 Agreement No. D69-343 WHEREAS, CITY's Council declared the portion of PROJECT within CITY limits to be a COUNTY highway during period of improvement, and transmitted a copy of said Resolution No.90-04-17-8 to COUNTY, as authorized by Street and Highway Code Sections 1700 and 1701; and NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. COUNTY SHALL: A. Be and is hereby designated as Agent in Charge of right-of-way acquisition for PROJECT and shall file all eminent domain actions if needed. B. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct PROJECT. C. Submit plans and specifications to CITY for review and approval by City Engineer or his designee, hereinafter referred to as "CITY ENGINEER", as to design and construction features of PROJECT within CITY limits. D. Subject to PAU authorization and to availability of funds, award contract for construction of PROJECT prior to the expiration date of PAU funding for PROJECT. E. During the period of construction, have responsible charge over the PROJECT construction area including that portion within CITY limits. Y.' Obtain vritten concurrence of CITY ENGINEER prior to issuing any contract change order which would increase CITY's matching share of cost by $1,000 or more which would affect the design of PROJECT within CITY limits. G. Accept improvements under the contract for PROJECT, after CITY ENGINEER approves, in writing, the construction as it affects the operation and maintenance of PROJECT within CITY limits. H. Concurrently with acceptance of the contracted PROJECT improvements, -3- ATTACHMENT 1 i Agreement No. D89-343 1 consider a resolution declaring the portion of PROJECT within CITY limits to no 2 longer be a COUNTY highway, and transmit a copy of said resolution to the City Clerk 3 for filing. 4 II. CITY SHALL: 5 A. Review the plans and specifications for approval by CITY ENGINEER as 6 to design and construction features affecting the construction, operation and 7 maintenance of the portion of PROJECT within CITY limits. 8 B. Prior to COUNTY's acceptance of deeds for PROJECT right-of-way, pass 9 a resolution pursuant to the Street and Highways Code Section 1701, concurring with 10 COUNTY's declaration that Stonehill Drive from easterly side of San Juan Creek 11 right-of-way to Camino Capistrano shall be a COUNTY highway for purposes of 12 right-of-way acquisition and improvement. 13 C. Be responsible for those portions of right-of-way and construction 14 costs which will not be reimbursed by either FAU funds or by the MBP, for that 15 portion of PROJECT within the CITY limits. The CITY's share of cost will be 16 approximately fourteen percent (14.13% exactly) of FAU participating items plus 100% 17 of non -participating items, MBP items excepted. 18 D. At all times during the progress of construction of PROJECT within 19 CITY limits, have access to the work thereon for the purposes of inspection, and 20 should CITY deem any remedial measure to be necessary, CITY shall notify COUNTY 21 thereof. 22 23 E. Review completed construction for PROJECT and give COUNTY approval 24 to accept improvements within CITY limits. Approval shall be withheld only for work 25 not completed per the approved plans and specifications. 26 F. Upon completion and acceptance of PROJECT by COUNTY and CITY, accept 27 deeds for CITY's portion of right-of-way and assume responsibility for the -4- 28 ATTACHMENT 1 0 0 Agreement No. D89-343 maintenance of the portion of PROJECT within CITY limits. G. Become the successor to the conditions of the agreement between COUNTY and ATSSF for construction of bridge over ATSSF railroad tracks. III. FINANCING: A. COUNTY shall be responsible for one hundred percent (100X) of the design and construction costs of the bridge structure over San Juan Creek, with MBP funds. B. COUNTY shall be financially responsible for one hundred percent (100X) of the cost of preparation of construction plans, specifications and cost estimate for PROJECT. C. On the basis of the construction and right-of-way cost estimates, PROJECT will be financed as follows: 1. It is expected that the FAU Program will provide Federal reimbursement of approximately eighty-six percent (85.87% exactly) for FAU "participating" items in PROJECT excepting the bridge at San Juan Creek. The approximate fourteen percent (14.13% exactly) local matching funds and the entire cost of non -participating items shall be borne by CITY or COUNTY according to each Party's respective items of responsibility (FAU Non -participating items are known to include consultant costs for R/V appraisals and for relocation assistance administration). Estimated division of costs (based on the limited FAU allocations) are shown on Exhibit A, attached and made a part of this agreement. 2. The portion of PROJECT within CITY jurisdiction for cost purposes shall be as CITY boundaries exist at the time the PROJECT contract is awarded. D. Within thirty (30) days after invoice by COUNTY, CITY shall deposit FIVE HUNDRED THOUSAND DOLLARS ($500,000) with COUNTY, for PROJECT right-of-way costs. COUNTY will provide the balance of additional funds required for the total estimated -5- ATTACHMENT 1 i Agreement No. D89-343 1 CITY share of right-of-way acquisition as a no -interest loan to CITY. Within THIRTY 2 (30) days after invoice by COUNTY, CITY shall repay up to THREE HUNDRED THOUSAND 3 DOLLARS ($300,000) of actual costs after July 1, 1992, and the balance based upon 4 final accounting, after July 1, 1993. All payments not received thirty (30) days 5 after invoice by COUNTY and in accordance with the above payment schedule shall be 6 subject to a SIX PERCENT (6X) annual percentage interest rate until paid by CITY. 7 E. CITY will, beginning on July 1, 1991, and within thirty (30) days 8 after invoice, deposit with COUNTY, CITY's share of PROJECT construction costs based 9 on the actual bid prices (estimated to be $500,000). 10 F. Due to limitation on the total FAU allocation for PROJECT, COUNTY 11 will claim and apply PAU reimbursement for PAU participating items according to the 12 following priorities: 13 (1). Actual compensation to property owners (for right-of-vay and 14 Relocation Assistant Program) and to the construction contractor (for contract 15 costs). 16 (2). Private consultants and testing laboratories, if any. 17 (3). COUNTY -furnished engineering, surveying, testing, inspection 18 and construction contract administration. 19 In the event that total PAU funds programmed are insufficient to 20 cover the full reimbursement of PAU "participating" items in categories (1) and (2) 21 22 above, the COUNTY will not claim PAU reimbursement for category (3), but will solely 23 bear the burden of all its COUNTY staff and consultant costs in excess of PAU funding 24 ability. CITY shall remain responsible to reimburse COUNTY for category (1) and (2) costs for work within its CITY boundaries exclusive of PAU reimbursement. 25 26 G. Within one hundred twenty (120) days after the acceptance of the improvements under the contract by COUNTY, COUNTY shall submit to CITY for review and 27 -6- 28 ATTACHMENT 1 Agreement No. 089-343 1 approval by CITY ENGINEER a Final Accounting Report for PROJECT. 2 If said Final Accounting Report as approved by CITY ENGINEER shows 3 that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY 4 shall promptly reimburse CITY the difference between the amount deposited and the 5 actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows that 6 the total cost to CITY is more than the amount deposited by CITY, CITY shall 7 reimburse COUNTY for the difference between the amount deposited and the actual cost 8 determined in accordance with this section III within 30 days of invoice by COUNTY. 9 The no -interest loan to CITY is excepted from this payment plan. 10 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 11 A. This agreement shall supersede agreement numbers D80-126 and D85-006 12 with CITY. 13 B. Time, and FAU participation are of the essence of this agreement. 14 The parties hereto agree to work diligently and cooperate to enable the award of a 15 construction contract for project no later than September 30, 1990 (or prior to 16 extended deadline approved by FAU officials). However in the event timely FAU 17 authorization cannot be obtained or for other sufficient cause, COUNTY, at its sole 18 discretion in consultation with CITY and with the City of Dana Point, may 19 reject bids for PROJECT. 20 C. If COUNTY fails to award the PROJECT construction contract by 21 September 30, 1990, or such later date as may be authorized for FAU purposes, this 22 agreement may be terminated by either party upon thirty (30) days written notice to 23 the other party, provided however that CITY shall remain responsible for its share of 24 actual PROJECT cost to that date. 25 D. Pursuant to and in accordance with Section 10532 of the California 26 Government Code, in the event that this Contract involves expenditures of State funds 27 -7- 28 ATTACHMENT 1 Agreement No. D89-343 1 aggregating in excess of ten thousand dollars ($10,000), the parties shall be subject 2 to the examination and audit of the Auditor General of the State of California for a 3 period of three (3) years after final payment under this Contract. 4 E. Neither CITY nor any officer or employee thereof shall be 5 responsible for any damage or liability occurring by reason of anything done or 6 omitted to be done by COUNTY under or in connection with any work, authority, or 7 jurisdiction delegated to COUNTY under this agreement. It is also understood and 8 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, 9 defend, and hold CITY harmless from any liability imposed for injury (as defined by 10 Government Code Section 810.8), occurring by reason of anything done or omitted to be 11 done by COUNTY under or in connection with any work, authority, or jurisdiction 12 delegated to COUNTY under this agreement. 13 F. Neither COUNTY nor any officer or employee thereof shall be 14 responsible for any damage or liability occurring by reason of anything done or 15 omitted to be done by CITY under or in connection with any work, authority, or lfi jurisdiction not delegated to COUNTY under this agreement. It is also understood and 17 agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, 18 defend, and hold COUNTY harmless from any liability imposed for injury (as defined by 19 Government Code Section 810.8) occurring by reason of anything done or omitted to be 20 done by CITY or in connection with any work authority, or jurisdiction not deleted to 21 COUNTY under this agreement. 22 23 24 25 26 27 28 �- ATTACHMENT 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement No. D89-343 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. Dated: June 5, 1990 ATTEST: Dated: d D SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: .� LINDA D. RUTH Clerk of the Board of Supervisors of Orange County, California CITY OF SAN JUAN CAPISTRANO A municip corporation?o By:C�vr— tonyMayor pro tem APPROVED AS TO FORM: By: \' 1 ?'c 1S1 < O W COUNTY OF ORANGE A political subdivision of the State of California By: C4 0001000� air: man,oB ar of Supervisors APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: —c �1L�1i,1 0 Dat Y�I�LU (� Date -9- ATTACHMENT 1 P Q'O N P N LO `+. h0+ y 7 N n flJ fll w F+ rPi ~ n O 0 1+n w GG int a pw GG o not "pwa A a. GO yn Y. K Pam rGy G A 00 � a G � ■ �+ �O Oi a v� F+ p fl 7 n c y f1 A w pw " w g c ,» 7 wgJ w�07pp m W W W C wN'O ny ."+. N y pN fD w O O rpt+ N O w 0 O O yn N y yN 'C W. 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