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.
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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This Agreement shall remain in full force and effect until such time as mutually rescinded by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
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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
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