17-0906_COATE, CHRIS & TOBI_Transmittal to Recorder's32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 49&1171
(949) 4931053 FAx
xmox.Yanplancaprstrano. org
September 6, 2017
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Documents for Recording
MEMBERS OF THE CITY COUNCIL
SERGIO FARIAS
KERRY K. FERGUSON
BRIAN L. MARYOTr
PAM PATTERSON. ESO.
DEREK REEVE
The noted documents are enclosed for recording:
. License Agreement for Portion of 29831 Highview Circle (Chris & Tobi Coate)
When placed of record, please return the recorded documents to this office.
Thank you for your assistance.
Thank ou
C" _�l
Christy Jakl, CMC
Assistant City Clerk
cc: Laura Stokes, Housing Coordinator/Assistant Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
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RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Title of Document:
LICENSE AGREEMENT
29831 Highview Circle- Chris & Tobi Coate
Recorded Requested by and
When Recorded return to:
City Clerk, City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
LICENSE AGREEMENT
This License Agreement is made this 181h of July, 2017, by and between the City of
San Juan Capistrano (hereinafter "City"), and Chris & Tobi Coate (hereinafter "Property
Owners").
RECITALS:
Whereas, Property Owners desire to construct certain private equestrian facilities
located at 29831 Highview Circle to board up to four (4) horses, owned by Property
Owners, pursuant to a Site Plan entitled "Coate Horse Barn and Site Planning," dated
June 20, 2017, on file with the City's Planning Department, more particularly identified in
Exhibit A, attached hereto and incorporated herein by reference, and,
Whereas, said private equestrian facilities are to be located on a portion of
Property Owner's property which is within an area which has development rights
dedicated to the City of San Juan Capistrano, more particularly identified as Lot 44 in
Exhibit B, attached hereto and incorporated herein by reference, and,
Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential
stables and equestrian facilities" as a permitted use in the "RSE-20,000" (residential
single-family estate -20,000 s.f. lot minimum) District and on the subject property; and,
Whereas, the development rights for that portion of the property, proposed to be
developed with private equestrian facilities, have previously been dedicated to the City of
San Juan Capistrano and private equestrian facilities are subject to this License
Agreement approval.
NOW, THEREFORE, BE IT RESOLVED between City and Owner as follows:
Section 1. Grant of License.
City hereby grants to Property Owners and their successors in interest a license to
utilize certain city owned open space property, more particularly described in Exhibit A, for
those equestrian uses and facilities as specifically set forth herein.
Section 2. Conditions of Approval.
Property Owners shall strictly conform to the zoning operational standards set forth
In Municipal Code section 9-3.515(b), including but not limited to the requirements that
there shall not be no more than four (4) horses maintained on the property as described in
Exhibit A, and as follows:
(A) Manure storage and disposal. Manure storage and disposal shall be by one
or more of the following methods:
(i) Manure shall be removed from the premises every day, unless it is
kept in a covered bin or box made of sound metal, brick stone, concrete, or wood
lined with fly -tight materials or buried in the ground and covered with earth or other
materials sufficient to prevent the attraction or breeding of flies or other insects.
(ii) Manure shall not be permitted to remain in any bin or box for a period
longer than 7 days.
(iii) Automatic fly misters shall be installed and used where manure is
stored.
(iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a
County landfill shall be permitted.
(v) Additional methods for manure disposal shall be approved by the
Planning Director.
(B) Rodent control. Rodent control shall be diligently practiced, and the entire
premises shall be kept in an orderly and sanitary condition to prevent possible rodent
Infestation. The following guidelines and criteria shall be considered in reviewing plans
and operations:
(i) All dry grains shall be stored in rodent -proof metal containers, and
hay shall be stored in a covered structure on a cement slab or on a raised wood
platform which maintains a minimum clearance of six (6) inches above the ground.
(ii) Any tack equipment, device, substance, or material shall be stored on
racks or shelves at least twelve (12) inches above the floor surface. Tack room
floors shall maintain a minimum clearance of four (4) Inches above the ground.
(C) Water management. Special attention shall be given to water systems
because accumulations of manure, bedding, and/or feed with water are ideal for fly
production. For the effective reduction of such fly -production sources, the following
standards are to be maintained:
(i) A non -leak Valve for all troughs, bowls, cups, and other water
sources shall be
(ii) Automatic valves, or sanitary drains if the water flow is continuous,
shall be installed in all large trough or cups.
(iii) In paddocks and corrals, the earth surface shall be properly graded to
suit the master drainage plan so that rainwater and overflows from water troughs
do not form ponds. Property shall maintain all drainage devices consistent with
National Pollutant Discharge Elimination System ("NPDES") permits.
(iv) Back -siphoning devices shall be installed to protect the public water
supply. An approved pressure vacuum breaker is required on the water line serving
the paddocks. The vacuum breaker shall be at least twelve (12) inches above the
highest point of the water usage, or an approved double-check valve may be
acceptable. Back -siphoning devices shall not be required for automatic water cups.
(D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks,
arenas, tack sheds, and the quarters of the owner or caretakers are as important as
manure management. A general cleanup program should accompany the manure
management system. Weed control near stables, corrals, water troughs, and surrounding
areas around paddocks helps the sun to penetrate and allows the movement of air, which
helps to dry the manure and reduce resting places for certain flies. Controlling weed
growth from open waste water drains reduces potential habitats for flies, gnats, and
mosquitoes.
(E) Dust control. Continuous dust control of the entire premises shall be
practiced by means of the following methods:
(i) A method for light water sprinkling of arenas and exercise pens shall
be provided.
(ii) The chemical control of dust may be permitted.
(iii) Perimeter trees and shrubs shall be required for dust control. (§ 2,
Ord. 869)
Section 3. Future Chances.
Any proposed changes to the site plan of any type whatsoever shall be subject to
the procedures of City's Municipal Code and further will require an amendment to this
License Agreement.
Section 4. Eauestrian Trail/Maintenance Issues.
At no time shall Property Owners utilize the property in a manner which would
impair use of the City's equestrian trail system. Property Owners shall maintain their
property in a clean weed free manner so as not to interfere with City's operation of its trail
system.
Section 5. Indemnification.
(A) In consideration of this grant of license to Property Owners, the Property
Owners shall defend, indemnify and hold the City, its officials, officers, employees, and
agents (the "Indemnified Parties") free and harmless from any and all liability from loss,
damage, or injury to property or persons, including wrongful death, in any manner arising
out of or incident to acts, omissions, and/or operations by the Property Owners, their
officials, officers, personnel, employees, contractors, and/or subcontractors as well as its
contractors' and/or subcontractors' officials, officers, employees, and agents. Further, the
Property Owners shall defend at their own expense, including attorneys' fees, the
Indemnified Parties in any legal action based upon such acts, omissions and/or
operations.
(B) The Property Owners' obligations under this Section 5 shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been
suffered, regardless of whether or not the City has prepared, supplied, or approved any
plans or for the uses allowed by this License, and regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
(C) The City does not and shall not waive any rights against the Property
Owners that the City may have under the indemnification provision in this Section 5
because of the City's acceptance of any security deposits or insurance policies.
(D) The indemnification provision in this Section 5 shall survive the termination
or expiration of this License.
Section 6. Term and Termination.
(A) This Agreement shall continue indefinitely unless terminated by either party
in the event of breach of any term of this Agreement.
(B) If Property Owners are in breach of any term of this Agreement, and shall
fall to remedy such breach within sixty (60) days after service of a written notice from City,
or commence In good faith to remedy such breach within sixty (60) days and thereafter
diligently prosecute the same to completion, or shall abandon or vacate the subject
property, City may at its option, and without further notice or demand, terminate this
Agreement and enter upon the site, and If necessary remove any improvements
necessary to remedy such breach, at Property Owner's cost.
Section 7. Successors in Interest.
This Agreement shall bind and be legally enforceable as against all devisees, heirs,
and successor's interest to Property Owners.
Section 8. Attorney's Fees.
In the event any legal action or proceeding is commenced to interpret or enforce
the terms of, or obligations arising out of this Agreement, or to recover damages for
breach thereof, the party prevailing in any such action or proceeding shall be entitled to
recover from the non -prevailing party all reasonable attorney's fees, costs and expenses
incurred by the prevailing party.
Section 9. Notices.
All notices, demands, consents, or other communications required to be given
under this Agreement shall be accomplished by first class mail, postage prepaid, and
deposited in the U.S. mails, or personally served upon the other party.
To City:
Development Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Property Owners:
Chris and Tobi Coate
29831 Highview Circle
San Juan Capistrano, CA 92675
Section 10. Entire Agreement
This Agreement contains the entire Agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise
made by any party hereto which Is not contained herein shall be binding or valid.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
City of San Juan Capistrano
B'
Kerr ergus n Ma
Property Owners
JLI
By: O
Chris Coa e
By:
Tobi Coate
Approved as to Form
JeffAallitirger, City Attorney
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On Sentember G, 2017, before me, Christy Jakl, Assistant City Clerk, personally appeared
Kerry K. Ferguson, Mayor and Jeff Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),
and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WITNESS my hand and official seal.
vw
Christ aid, Assistant - ' y Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor
City Attorney
Title
Signer is Representing
City of San Juan Capistrano
License Agreement
29871 Highview Circle — Chris & Tobi Coale
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF C)QA (-F )
/
On8-1%• ?-f)1-7beforeme, %%1/ca4AP— Cf��N Notary
Public,
Date (here insert name and title of the officer)
personally appeared -T—c>,a ( CDA -m- AjD o4g-4 S COA-v-F
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) A/are
subscribed to the within instnunent and acknowledged to me that he/she/they executed the same
in he/ker/their authorized capadty(ies), and that by hWher/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY trader the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MICHAELCARON
Nwvy Public California
i Orange County z
Commission R 2159225
M Comm. Expire; Au 2, 20217'
Signature: -
OPTIONAL
Description of Attached Document
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Title or Type of Document L (C E &lSE ,'� Num Pages:
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