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97-0519_CAPISTRANO UNIFIED SCHOOL DISTRICT_Maintenance Agreement for Joint Use of Access Road y IECORDING REOUESTED BY RWALONO N MM NNStrlA=OM 1 IS ORIGINAL DOCUMENT.WAS SCANNq WHEN RECORDED MAIL TO: 'TR i r,``.9E R H O R ED CITY OF SAN JUAN CAPISTRANO 4f V 3 1 1-9" 32400 Paseo Adelanto Document No. /�9�Jr�3 o2�� San Juan Capistrano, CA 92675 First American Title Insurance Co. Attn: Cindy Pendleton, Finance Director (Space above this line for Recorder's Use) MAINTENANCE AGREEMENT FOR JOINT USE OF ACCESS ROAD TO ELEMENTARY SCHOOL 664640007 PARCEL This Maintenance Agreement for joint use of an access road (the"Agreement") is made this 19th day of May, 1997, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter"City") and the CAPISTRANO UNIFIED SCHOOL DISTRICT (hereinafter "District"). RECITALS: WHEREAS, City and the San Juan Capistrano Community Redevelopment Agency have entered into a purchase and sale agreement providing for the sale of certain land consisting of approximately seven (7) acres, known as the Elementary School 664640007 Parcel, to District (the"Parcel"); and WHEREAS, City has constructed an access road, as more particularly shown on the site plan, attached as Exhibit "A", and incorporated herein by reference, on a City-owned land area known as the "Sports Park"; and WHEREAS, City proposes to allow District to jointly use the access road to service future District school operations on the Parcel; and WHEREAS, this Agreement shall provide for the respective rights and obligations with resliect to the joint use and maintenance of this access road; NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DISTRICT AS FOLLOWS: 1. Description and Use of Access Road. The design, layout, and location of the access road is set forth in Exhibit"A". District shall have full use of the access road 24 hours a day, 7 days a week for the purpose of providing c:\wpwin60\wpdocskusd\cusdam4.yeo 05/28/97 public access to its proposed school facilities. Ingress and egress locations from the access road to the Parcel are set forth in Exhibit "A". District agrees and understands that its employees, officials, guests, agents or its visiting public shall not utilize the access road for parking purposes for any reason, unless previously authorized by written permit from City. In that regard, District agrees to closely coordinate with City when District intends to hold special events for the purpose of avoiding parking and circulation congestion and conflicts. 2. Maintenance Obligations of Access Road. City and District agree that each party shall share equally in the cost of routine maintenance of the access road and street/parking lot lighting on an annual basis. City shall maintain the access road either through its own work forces or through a maintenance contract pursuant to its standard and customary bid practices. Each year, prior to initiating maintenance activity for the access road, City shall notify District of the anticipated cost of maintenance. District shall have the right to pre-approve the proposed maintenance, but such approval shall not be unreasonably withheld by District. A cost bill for one-half of the maintenance cost shall be sent to District on a quarterly basis. District shall pay this maintenance cost bill within 30 days of receipt of the bill. 3. Damage and Repair. The cost of damage and repair which is not a part of routine maintenance obligations shall be borne by the responsible party causing such damage. 4. Liability and Insurance. (a) Insurance. City and District shall each separately carry comprehensive liability and property damage insurance to cover liability exposures arising from each parties' performance of its rights and obligations under this Agreement. (b) Indemnification. City shall indemnify, save, and defend District, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, for damages to property or injuries to or death of any persons arising out of City's performance of its obligations under this Agreement. cA.pwin6o\vpdocs\c� 4.yeo -2- 05/28/97 District shall indemnify, save, and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, for damages to property or injuries to or death of any persons arising out of District's performance of its obligations under this agreement. 5. Term and Termination. This Agreement may not be canceled unless a material and substantial breach of contract has been found to occur by a court of proper jurisdiction, or binding arbitration as agreed to by the parties to this Agreement. Accordingly, this Agreement shall remain in full force and effect until mutually terminated by District and City. 6. Resolution of Disputes. In the event of a dispute between the parties, City and District shall first formally meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session, the matter will then be referred to non-binding mediation. If non-binding mediation is not successful, the parties shall determine in writing whether binding arbitration is appropriate. Thereafter,judicial remedies shall be available to resolve the dispute. 7. Attorney's Fees. If a judicial action is required to resolve a dispute, the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and costs from the other party. 8. Notices. Any notice required to be given under this Agreement shall be in writing and given by use of first-class mail or by personal service. Service shall be considered given when personally served on the party, or on the third day after deposit in the U.S. mail. The addresses of the parties are: City: District: City of San Juan Capistrano Capistrano Unified School District 32400 Paseo Adelanto 32972 Calle Perfecto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 cAwpwin60\ \c��4.yeo -3- 05/28/97 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY: CITY QF SAN JUAN CAPISTRANO, a ;Ge f, unicip orporation B i '*z4/Z.-A 1 rge Garb ough, City ger ATTEST: Cheryl Johnsad, Ci Jerk APPROVED AS TO FORM: Jo haw, City Attorney DISTRICT: CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency By: James A. Fleming Superintendent ATTEST: District Secretary APPROVED AS TO FORM: C"', -�'n, L.", Douglas . Y e OX an for Parker, Covert& Chidester Special District Counsel cAwpwiM04pdocsVeuadkzus 4.yeo -4- 05/28/97 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 June 30, 1997 , before me, Chervil Johnson , City Clerk, personally appeared George Scarborough personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Maintenance Agreement for JointUse of Access Road to Elementary School City Manager 664640007 Parcel Title Title or Type of Document Signer is Representing Nine Number of Pages City of San Juan Capistrano May 19., 1997 Date of Document James A. Fleming - CUSD Signer(s)Other Than Named Above I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of LA 6"L County of Orlapinle On before me, L �f' ' Pa Z , DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOT RY PUBLIC" personally appeared (:S F e ) , NAM F SIGNER(S) ❑ personally known to me - OR - Ig'lproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized PAULA J.i3aLZ capacity(ies), and that by his/her/their a COMM.#H127921 z signature(s) on the instrument the person(s), Notary Public—Cdlfomla ORANGE COUNTY or the entity upon behalf of which the y MY Comm.GpIre3 MAY 29,1W-3 person(s) acted, executed the instrument. WITNESS my hand and official seal. r f SIGNATURE QEAOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL yea Lr?uu 1Ql�Q�� '��ry r CORPORATE OFFICER / f U" � dc� 7� O_Z _ ( aC1n Ur1��a'1�t,�tk TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR F-1 OTHER: LM0_,&f lqj lq"[/, 7 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Exh,tll 'A (00'jo) Legal Description: Parcel B That portion of the easterly 60 acres of Parcel "L"per rnap recorded in book 2,page 38 of surveys in the county recorders office of Orange County,California in the city of San Juan Capistrano, County of Orange,State of California,described as follows: Beginning at a spike and washer at the southwest corner of said easterly 60 acres; thence along the westerly line of said easterly 60 acres N Odeg.03'02"W 37.45' to a point 40.00' north of the centerline of Camino del Avion; thence S 88deg.01'05"E 57.09' parallel with said centerline to the TRUE POINT OF BEGINNING; thence N I deg.59'58"E 17.51' to the beginning of a curve concave westerly having a radius of 61.75'; thence northerly 30.28' along said curve through a central angle of 28deg.05'27"to a non-tangent line; thence along said line N 16deg.07'21."W 57.71' to the beginning of a non-tangent curve concave to the east. having a radius of 264.75'and to which beginning a radial line bears S63deg.53'58"'W ; thence northerly 120.37' along said curve through a central angle of 26deg.03'00"; thence N Odeg.03'02"W 351.00' parallel with the westerly line of said easterly 60 acres to the beginning of a curve concave southeasterly having a radius of 264.75'; thence northerly and northeasterly 415.87' along said curve through a central angle of 90deg.00'00"to the beginning of a reverse curve concave to the northwest having a radius of 235.25', a radial line through said beginning of reverse curve bears S Odeg.03'02"E*thence easterly and northeasterly 288.80' through a central angle of 70deg.20'17"; thence N 19deg.36"'41" E 104.91' to the beginning of a curve concave to the southeast having a radius of 264.75'; thence northerly and northeasterly 328.34' along said curve through a central angle of 71 deg.03'30"; thence S89deg.19'49"E 1077.98'parallel with the northerly line of said Parcel "L" to a point which is 33.00' west of the east line of said Parcel "L"; thence SOdeg.03'02"E 29.50' parallel with said east line; thence N89deg.19'49"W 1078.37' parallel with said northerly line to the beginning of a curve concave southeasterly having a radius of 235.25'; thence westerly and southwesterly 291.76' along said curve through a central angle of 71 deg.03'3U';thence S 19deg.36'41"W 104.91' to the beginning of a curve concave northwesterly having a radius of 264.75'; thence southwesterly 49.34' along said curve through a central angle of 10deg.40'36"to the beginning of a reverse curve concave to tine east having a radius of 24.25'; thence southerly 34.91' along said reverse curve through a central angle of 82deg.28'23" to the beginning of a non-tangent reverse curve concave to the west having a radius of 37.75', a radial line through said beginning of reverse curve bears N35deg.34'02"E; thence southerly 63.93' along said reverse curve through a central angle of 97deg.02'03"to the beginning of a compound curve concave northwesterly having a radius of 326.75'; thence southwesterly 46.82' along said curve through a central angle of 8deg.12'34"; thence S39deg.11'21"E 13.00' to the beginning of a curve concave north and northwesterly having a radius of 339.75', a radial bearing through said beginning of curve bears S39deg.11'21"E; thence southwesterly and westerly 231.06' along said curve through a central angle of 38deg.57'59" to the beginning of a reverse curve concave to the southeast having a radius of 159.75', a radial line through said beginning of reverse curve bears N Odeg.13'22"W; thence westerly and southwesterly 250.46' through a central angle of 89deg.49'40"; thence S Odeg.03102"E 259.781; thence S89deg.56'58"W 77.00';thence S Odeg.03'02"E 15.45' to the beginning of a curve concave easterly having a radius of'494.25'; thence southerly 141.53' along said curve through a central angle of 16deg.24'24" to a non- tangent line; thence S24deg.07'10"E 94.15' to a non-tangent curve concave southwesterly having a radius of 112.25',to which point a radial line bears N63deg.38'25"E; thence southerly 55.37' along said curve through a central angle of 28deg.15'50"to a non-tangent 0 line; thence Sldeg.59'58"W 17.48'to a line which is 40.00' north of the centerline of Camino del Avion;thence N 88deg.01'05"W 50.50' along said line to the TRUE POINT OF BEGINNING. Containing 3.43 acres more or less. See Exhibit B attached hereto. �� to ND SU BRUCE G. HALL o� No. 4743 \�D��-� _ Z4 °03 Of�w — k��� p6e,e 5 16 3*5 � r i -- \' OD ll�-,\Rl- Q9� I I ,c% 3 N N lU v m O .O 7700' V p o°0 3 v � EXHIBIT A . Q v . Q � �.�• ,� - S145EE7 7-5 N O N W V,,eile>Wll /mac n ' 8// yITC'f//�l/� /SDS T•�� N ��CA0) V15;w, o� o � /,ql?7 N LAND SU v� BRUCE G. HALL N � Ilk No. 4743 M 'd z8 075 Z7„ OF C A�- �� N88° 545h/ p V SB8 Oi D 5 E :5-e- 5 5-p z 57.4 7' ,{ls v':' 05 7V r4� 7.W. E3 � M A M 1110 � 2s , J113N � 14 o� Q �I ��N u , 0 1� -7:5 (� '1►� �p �via w v Do w � o � w z ' gl v O N QN � O m � o v ' v W S EE T A - � Dry 1�0 S EE 75 v �y Q c� .5cW(67., 40