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97-0519_CAPISTRANO UNIFIED SCHOOL DISTRICT_License and Maintenance AgreementLICENSE AND MAINTENANCE AGREEMENT WITH RESPECT TO ELECTRICAL STRUCTURE LOCATED AT OLD SERRA HIGH SCHOOL SITE THIS LI ENSE AND MAINTENANCE AGREEMENT (the "Agreement") is made this tT7day of Maq 1 1997, by and between the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (hereinafter the "Agency"), and the CAPISTRANO UNIFIED SCHOOL DISTRICT (hereinafter the "District"). RECITALS: WHEREAS, Agency and District have mutually agreed to a transfer of land wherein Agency shall convey fee title to that certain parcel as described in Exhibit "A," attached and incorporated by reference; and WHEREAS, District owns a structure containing electrical equipment (approximately 1,800 square feet in size), a portion of which lies within the parcel to be transferred to District, and a portion of which also lies within a second parcel owned by Agency, which is more particularly depicted on the site plan attached as Exhibit 'B," attached and incorporated herein by reference (the "Structure"); and WHEREAS, Agency and District desire to enter into this license and maintenance agreement for the purpose of setting forth respective obligations of each party with respect to said Structure; NOW, THEREFORE, be it resolved between Agency and District as follows: Grant of License From Agency to District. Agency hereby grants to District a license for the purpose of allowing District to access, retain, and maintain control and maintenance with regard to that portion of the Structure located on Parcel B, as depicted on Exhibit "B" to this Agreement. District shall provide to Agency reasonable advance notice of access and maintenance activity of District in order to avoid public safety hazards from any City of San Juan Capistrano or Agency recreational activity occurring in or about Parcel B (as depicted on Exhibit "A".) 2. District's Obliizations. A. District shall maintain the Structure in a clean and safe condition at all times. B. District shall be solely responsible for the maintenance of the Structure. c:\wpsin60\wpd=\cusd\1i n .agr -1- 05/28/97 &.M 3. Term. This Agreement shall remain in full force and effect until such time as mutually rescinded by the parties to this Agreement. 4. District's Agents. Any contractor or subcontractor performing work in connection with the maintenance of the Structure shall be conclusively deemed to be the servant and agent of District, acting on behalf and within the scope of such contractor's and subcontractor's employment for District. 5. Liability and Insurance. A. Insurance. District or its agent contractors shall carry reasonable levels of general liability insurance coverage in executing any right or obligation under this Agreement. B. Liabilit . Agency 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 rights or obligations under this Agreement. District shall indemnify, save, and defend Agency, 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 rights or obligations under this Agreement. 6. Notices. Any notices required to be given under this Agreement shall be sent to: Agency: San Juan Capistrano Community Redevelopment Agency Attn: Executive Director 32400 Paseo Adelanto San Juan Capistrano, CA 92675 District: Capistrano Unified School District Attn: Deputy Superintendent, Administration 32972 Calle Perfecto San Juan Capistrano, CA 92675 c:4rwinWwpdu \mWicense.eg -2- 05/28/97 Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, Agency and District have caused this Agreement to be executed on the day and year first written above. Dated: ATTEST: Cheryl John n, Agency Secretary APPROVED AS TO FORM: JohnGShaw� Counsel Dated: ATTEST: �Ax� District Secretary APPROVED AS TO FORM: PARKER, COVERT & CHIDESTER Douglas'N. Yeom Special District Counsel SAN JUAN CAPISTRANO COMMUNITY RED)MLOPMEIJT AGENCY, a public body Director CAPISTRANO UNIFIED SCHOOL DISTRICT, a p is gency By: C Ja A. Fleming, Superintendent OwpsiriWwpdocs\ us io .agr -3- 05i2sro7 5EE SHEET ,do. 2 I It s h N N Lii g o Q M y h 3 � a $B9"56 j8 G1� N 77—M 011-3,0Z E yV � /S.dS • e v " t N EXHIBIT A o V o ? O,PEPR.QEa BY• a O N 3 � GOLDEN 7,Q/.4�n'E tR.dO l// 7S'32 0) 5w, ewl,!F 92063 N < <6/9) 63/- D/ad '� c GS d7d3 LAND 3p9`F� BRUCE Q HALL. y N n ZgE * EKP.9--50.9f No. 4743 0� �0 a=z8'15i7' H L= 30.28 � Neea5s5' 43 O V SBg Oi 05E 5050' /748 a 5709' H R � TP. O. B. e CRM/.UO DEL R0,9<! 5NEET Z of 4 5EE 5//T .d0. / H