1995-0815_ITO, DOUGLAS & BRAVEN_License AgreementCONSTRUCTION LICENSE AGREEMENT
ITO
THIS LICENSE AGREEMENT is made this � day ofAgjzg'� 1995, by and between. the
CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as "City"
and Douglas M. Ito and Braven S. Ito, hereinafter referred to as "Property Owner".
WHEREAS, Property Owner owns land more particularly described as Lot 56 of Tract
103; and,
WHEREAS, City has an existing storm drain easement 5 feet wide along the north
property line of Lot 56, a portion of River. Street (now abandoned), recorded as document 88-
389236 to maintain, operate, reconstruct and repair storm drain facilities; and,
WHEREAS, City wishes to perform street and drainage works particularly described as
"River Street Drainage Improvements" as shown on construction plans dated Jb/.—,
1995; and,
WHEREAS, a minor part of this construction work lies outside of, but contiguous with,
the previously mentioned City easement.
NOW THEREFORE BE IT RESOLVED, between City and Property Owner as
follows:
1. Property Owner hereby grants City a license for the purpose of allowing City to perform
construction as shown on the project plans at times and dates suitable for the Property
Owner's ingress and egress.
2. City agrees to hold Property Owner harmless from any and all claims and liabilities which
may arise out of the construction covered by this Agreement.
3. The teen of this license shall end at the time of filing a Notice of Completion for the
construction of the storm drain project, or at one year after the date of the Agreement,
whichever is sooner.
DATED this day of,44de 1995 at San Juan Capistrano.
ATTEST:
Cheryl Joh son; City Clerk
aAhcagr4
CITY OF AN JUANAPISTRANO
BY:/��.�
Carolyn ash, Mayor
PROPERTY TY OWNER
Doug s r
o
Braven S. Ito
DRUG USE
S
AS
August 18, 1995
Douglas Ito and Braven Ito
P. O. Box 1357
San Juan Capistrano, California 92693
Re: River Street Drainage ILT'Tprovements
Dear Messrs. Ito:
MEMBERS OF THE CITY COUNCIL,
COLLENE CAMPBELL
WYAIT HART
GIL JONES
CAROLYN NASH
1DAV30 SWERDLIN
CITY MANAGER
GEORGE SCARBCROUGH
At their meeting of August 15, 1995, the City Council of the City of San Juan Capistrano
approved the plans and specifications for the River Street Drainage Improvements. The
City Council also approved the Construction License Agreement with you which will allow
the City to construct the portion of the improvements that lie within your property.
A fully -executed copy of the Agreement is enclosed for your records. Please contact Brian
Perry, project manager, at 443-6353 if you have any questions.
Very truly yours,
Cheryl Jo s
City Clerk
Enclosure
cc: Engineering and Building Director (with copy of Agreement)
Brian Perry (with copy of Agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 498.1171
5. STATUS REPORT ON NEW DEVELOPMENT PLICATI NS 440.10
The Report dated August 15, 1995, from the Planning Director, advising that no new
development applications were received by the City since the last report of July 18, 1995, was
received and filed.
6. APPROVAL OF PLANS, 5PECrFICATIONS, ALD AUTHORIZATION T
RECEIVE BID - RIVER STREET DRAINAGE IMP OVE NT 600.30
As set forth in the Report dated August 15, 1995, from the Director of Engineering and
Building, the plans and specifications were approved for the River Street Drainage
Improvements. Staff was authorized to call for bids. Council Member Jones abstained on this
item due to a possible conflict of interest resulting from the proximity of his
business/residence to the project.
7. APPROVAL OF PLANS. SPECIFICATIONS, ANDAUTHORIZATION T
RECEIVE BIDS - LACQUAGUE BUILDING RENOVA N 600.30
As set forth in the Report dated August 15, 1995, from the Director of Engineering and
Building, the plans and specifications were approved for the upgrading and remodeling of the
Lacouague building. Staff was authorized to call for bids.
8. CON TRF TON LICENSE AEMENT - RJVER STREET
DRAJNAGE IMPR VEMEN J NE (600,30)
As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Mr. and Mrs. Gilbert E. Jones was approved to allow the City to access
and construct a minor part of the River Street Drainage Improvements on the Jones' property,
Lot 55, Tract 103, within River Street. The Mayor was authorized to execute the Agreement
on behalf of the City. Council Member Jones abstained.
9. CONSTRUCTION LICENSE GREEMEN - RIVER 5=ET
DRAIN IMPR VE TS IT 00 30)
As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Douglas and Braven Ito was approved to allow the City to access and
construct a minor part of the River Street Drainage Improvements on their property, Lot 56,
Tract 103, within River Street. The Mayor was authorized to execute the Agreement on
behalf of the City. Council Member Jones abstained on this item due to a possible conflict
of interest resulting from the proximity of his business/residence to the project.
City Council Minutes -3- 8/15/95
AGENDA ITEM August 15, 1995.
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: River Street Drainage Improvements -Construction License Agreement (Ito)
RECOMMENDATION
By motion, approve the Construction License Agreement with Douglas and Braven Ito to allow the
City to access and construct a minor part of the River Street Drainage Improvements on their
property, Lot 56 of Tract 103, within River Street and authorize the Mayor to execute the Agreement
on the City's behalf
SITUATION
A. Summary and Recommendation
The Capital Improvement Program for FY 94-95 included funding for the design or design
and construction of a number of projects to correct drainage problems. One of these projects
is the River Street Drainage Improvements which is funded for construction in FY 95-96.
Most of this work is within the City street right-of-way on Los Rios Street or within the
public storm. drain easement in River Street. A minor part of the work however, lies outside
these areas on private property within the limits of River Street.
Staff is recommending that the City enter into a temporary Construction License Agreement
with Douglas and Braven Ito for this work.
B. Background
River Street was abandoned as a public street by the County of Orange in 1948 and reverted
to the adjacent properties, Lots 55 and 56 of Tract 103. As part of the public construction
requirements of the Franciscan Plaza project, a storm drain was constructed from the
Franciscan Plaza and Verdugo Street down River Street to Trabuco Creek in a public
easement obtained from the owners of Lots 55 (Jones) and 56 (Ito) of Tract 103. An inlet
to this storm drain was provided on River Street approximately 20 feet west of Los Rios
Street. During light rains, the inlet collects street run-off adequately. During moderate to
heavy rains, street run-off bypasses the inlet. This project will mitigate this situation in part
by providing drainage inlet capacity on Los Rios Street by means of a slotted drain. Also, the
cross fall on River Street will be increased locally from approximately 2% to 4% by a
combination of overlaying or reconstructing River Street in the area adjacent to the existing
inlet.
FOR C M C 0 U S C IL A, ,N �r � D19
AGENDA ITEM -2- August I.5, 1995
COMMISSION/BOARD REVIEW RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
There are no direct costs associated with entering into this Construction License Agreement.
NOTIFICATION
:Douglas and Braven Ito
ALTERNATE ACTIONS
1. Approve the Construction License Agreement with Douglas and Braven Ito and authorize the
Mayor to execute the Agreement.
2. Do not approve the Construction License Agreement.
3. Refer to Staff for additional information,
RECOMMENDATION
By motion, approve the Construction License Agreement with Douglas and Braven Ito to allow the
City to access and construct a minor part of the River Street Drainage Improvements on their
property, Lot 56 of Tract 103, within River Street and authorize the Mayor to execute the Agreement
on the City's behalf.
Respectfully Submitted: P red By:
William M. Huber, P.E. Brian Perry, P.E.
Director of Engineering & Building Senior Civil Engineer
WMPIBP:ssg /
attachment: Construction License Agreement
a:lhldito.bp