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1995-0526_CAPITAL & COUNTIES USA_License Agreement 4. C 0 Fi) h1f Ft i s mz. s. z.7,n 1 R Fecorded In Iif fici_l !''eards T Urapse County? ___i for ni_ Gary L. Granville, Clerk-Recorder :.':e I of 7 Fees: $ 25.00 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (. I LICENSE AGREEMENT Assessor's Parcel No. 650-592-03 Lot 216, Tract 12954 THIS LICENSE AGREEMENT is made this 6th day of July, 1993, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and Capital & Counties U.S.A., Inc., (formerly known as Marbella Plaza Partners), hereinafter referred to as "Property Owner". Recitals: This License Agreement affects title to and runs with the land with respect to Lot 216, of Tract 12954, City of San Juan Capistrano, County of Orange, more particularly described in Exhibit A, attached and incorporated herein by reference. City and Property Owner mutually resolve as follows: 1. Grant of License. City hereby grants to Property Owner a license right to use a portion of the 100-year flood plain and City drainage easement for the purpose of placing and maintaining preschool play equipment, fences and other related structures, as listed in attachment, Exhibit "B". The location of the City easement is set forth in Tract Map 12954, recorded as Document No. 88-088244, Book 597, Pages 1 through 34 on February 28, 1988, a copy of which is on file with the Engineering Division. Placement of play equipment, fences and related structures in the easement area shall be under the direction of the Director of Engineering and Building. 2. Hold Harmless. Part of the outdoor play area for the preschool is situated in an area designated as Floodplain and as a condition of the Conditional Use Permit, City requires and has conditioned Property Owner to remove or cause to be removed the demountable fencing which encloses and secures the outdoor play area in the event storm conditions are predicted in the weather forecast. Property Owner, shall release and shall agree to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to Property, and any and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the breach or other violation, performance or nonperformance, of the condition(s) to the Permit and specifically arising from Property Owner's failure to remove or cause to be removed said demountable fencing when storm conditions are predicted in the weather forecast which may result in debris piling up on the fence and disloging the fence and plugging the culverts along the Horno Creek Channel at the I-5 Freeway and/or Rancho Viejo Road. Property Owner also shall release and shall agree to indemnify and save the City against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by Property Owner, their agents, employees and subcontractors while engaged in the performance of the condition(s), while maintaining the play equipment and while engaged in the removal of said demountable fencing. Property Owner, also shall release and shall agree to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property and against any clogging to downstream culverts and facilities caused by play equipment and other related structures, and any and all claims, demands, costs, loss, damage and liability, resulting from the play equipment and other related structures placed in the 100-year flood plain and City drainage easement of Horno Creek. This indemnification shall terminate when the play equipment related structures, and fencing are removed from the creek. 3. City Control of Preschool Equipment/Structures. City reserves the right to, at any time, cause the relocation of the preschool's play equipment, fences and other related structures in the event they are deemed to conflict with the flood plain. Any cost of relocating of the preschool's play equipment, fences and/or structures shall be a cost borne by the Property Owner. 4. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 5. Term. This License Agreement shall continue in full force and effect, subject to paragraph 3, unless terminated by mutual agreement of the Property Owner and City. DATED this 6th day of July, 1993, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO by Gr arZ.-MAYOR H. TURNER NEWTON, PRESIDENT CAPITAL & COUNTIES U.S.A., INC. lfiaite/ . TNER NE TON ATTEST: CHERYL A.gfite-ijAPOP OH/.0-N, CITY CLERK AP• OVEDASTOF ciii4 ATTORNE 5/2/9s— LICENSE AGREEMENT THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS FURTHER DESCRIBED AS: LOT 216 OF TRACT 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED AS DOCUMENT 88-088244, BOOK 597 IN PAGES 1 THROUGH 34, ON FEBRUARY 29, 1988, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXHIBIT A May 3, 1993 Mr. Sam Shoucair Associate Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,Ca. 92675 Subject Wonderyears Preschool San Juan Capistrano Dear Sam, Pursuant to your request, we are herewith providing you with a breakdown of the play structures and other related features proposed within the boundary of the Horno Creek 100 year flood zone area. Those structures are as follows: 1. 3' high and 6$ high removable tubular steel fencing. 2. Wood shade structnre. 3. Drinking trxintain. 4. Concrete trash contains_ 5. Small single room playhouse structure. 6. Two small slides. 7. Small steel climbing structure. 8. Steel spider climber Please review the above and let us know if you have any questions. Sincerely, "- J. an,ASLA HOURIAN ASSOCIATES 26081 Merit Circle,Site 109 tapas Hills.Ca.92653 Tek 714-348-$44S Far 7(4-345-2417 lie: nu EXHIBIT B • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ez,,, ,,1l./l./ll,,,—,.l1l/l.✓1.s^lll.//J,/ ,./l./l./,/l./l../1./l✓l,/lt/1./!./l/ll./l•/. 1./l�✓./t-„,,,e1 0 oState of ( . 4Y7 & Ill oCounty of -_. -1--- y,�a ,�, �z�. �. �=n 1��---� � i�- t On before me, L ATE / NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTA PUBLIC” personally appeared ,7/ _ ern / �, �,e'`�f �� 1 1 NAME(S)OF SIGNER(S) 1 impersonally known to me - OR - I proved to me on the basis of satisfactory evidence S to be the person(s ' whose name( `j is/are R t\0 subscribed to the within instrument and ac- knowledged to me that he/sheithey- executed the same in his/ham-Heir authorized 0 capacity(a-ems), and that by his/nor/their ,,,,,-,,,,� signature(, on the instrument the person(s), 0 w e.--.:-.:,---3:%rtiFNhvy:.. >_^='_`•s•-?v or the entity upon behalf of which the 1 1 01 �i_, ` , r; ,1., .,�w;�,. ,3_"�;:,`�A ;K person(,,) acted, executed the instrument. 1 7.. -z.:-‘, 1 WITNESS my hand and official seal. 1 / SIGNATURE OF NOTARY 1 ✓ J 1 0 OPTIONAL 0 11 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent �` 1 fraudulent reattachment of this form. 11 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 I INDIVIDUAL il CORPORATE OFFICER ,. .' lf4 TITLE(S) TITLE OR TYPEOF DOCUMENT 0 ��� I PARTNER(S) I LIMITED 1 tl GENERAL r 1 0 t1 I I ATTORNEY-IN-FACT NUMBER OF PAGES 11 `l I I TRUSTEE(S) 0 �1 GUARDIAN/CONSERVATOR �J J �} 1 1 OTHER: /1/4 /3 0 111 DATE O DOCUMENT �` 11 it 1 SIGNER IS REPRESENTING: !!l111 NAME OF PERSON(S)OR ENTITY(IES) 1 it l 1»l - SIGNER(S) OTHER THAN NAMED ABOVE 0 v ./,/.I,lI JlJ1.I1./J✓lllJ./111. "ll/yl./!./,//Jl�",Il./✓J111JlJ.✓^l1././lJ,/^l�ll.I./tll./.lJ �!!l ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On May 10. 1995 , before me, Cheryl Johnson City Clerk, personally appeared Gil Jones personally known to me to be the person whose names is sbscribed 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. If: i City Clerk I f OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor License Agreement Title Title or Type of Document Signer is Representing Five Number of Pages City of San Juan Capistrano July 6. 1993 Date of Document H. Turner Newton Signer(s)Other Than Named Above