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1993-0712_CAPITAL & COUNTIES USA_Transmittal to OC Recorder cife". 111.1, MEMBERS OF THE CITY COUNCIL 1u COLLENE CAMPBELL GARY L.HAUSDORFER DRUGV GIL JONES �� CORPOIRIE0 CAROLYN NASH IS ESTRILI EO 1961 JEFF VASOUEZ • 1.1, 1776 1 i16 • • CITY MANAGER GEORGE SCARBOROUGH 04/4404,00) July 12, 1993 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: License Agreement - Marbella Plaza Gentlemen: The following document is enclosed for recordation: License Agreement with Marbella Plaza Partners for Lot 216, Tract 12954, A check is enclosed to cover recording fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, / Cheryl Johnson City Clerk Document Number Enclosure Date 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 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 9267.5 LICENSE AGREEMENT Assessor's Parcel No. 650-592-03 Lot 216, Tract 12954 THIS LICENSE AGREEMENT is made this (per day of �J/ , 1993, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred'to as "City", and 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 dialoging the fence and plugging the culverts along the Horno Creek Channel at the 1-5 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 mall 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. • JUN-17-1993 15:47 FRnM TO 14154216021 P.03 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 thisday of JL j , 1993, at San Juan Capistrano. CITY OF SAN,ZyA PISTRANO MAYOR DEREK AYNSLEY, PRESIDENT, CAPITAL & COUNTIES U.S.A., INC_ GENERAL PARTNER, MARBELL.A PLAZA PARTNERS ATTEST: 'lle/ DERi R AYN Y ir _ CHERYL A 0O 'N, CITY�` AP'� ' SVED . S • O' M: ,► 50:41-40:1 _ �.... .. .A_ Y AT O' Y 76-19f3 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 32460 Paseo Adelanto San Juan Capistrano,Ca 92675 Subject Won deryears Preschool San Juan Capistrano Dear Sarin, Pursuantto your request, we are herewith providing you with a breakdown of the play structures and other related features proposed within the boundary of the Homo Creek 100 year flood zone area Those structures are as follows: 1. 3' high and 6' high removable tubular steel fencing. 2. Wood shade structure. 3. Drinking fountain. 4. Concrete trash container. 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, H 4 ': ()dates J. Hei. "an,ASLA, HOURIAN ASSOCIATES 26081 Mcrit Circle,Suite 109[Agysa Mils.ca.92653 'Tol_ 714-348-8445 Fax-714-343-2417 L.xc: 1285 EXHIBIT B ALL-PURPOSE ACKNOWLEDGMENT NO 209 State„of CAPACITY CLAIMED BY SIGNER 4 County of . Tivd -O ❑ INDIVIDUAL(S) f [ CORPORATE �� 1 On /����3 before me, � � 06 G izmo OFFICER(S) o DA'L'E A E,TITLE OF OFFICER-E.G.."JANE ,NOTARY PUBLIC" TITLE(S) r [c]�FjARTNER(S) 1 personally appeared . e/r.e ❑ ATTORNEY-IN-FACT r NA E(S)OF SIGNER(S) 0 TRUSTEE(S) f personally known to me- OR- 0 proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS f to be the person(s) whose name(s) is/are 1 subscribed to the within instrument and ac ❑ GUARDIAN/CONSERVATOR 1 __ knowledged to me that he/she/they executed 0 OTHER: 1 1 e_* ':::'. 5 OFFICIAL SEAL the same in his/her/their authorized r JENNY M FRENKEN capacity(ies), and that by his/her/their 0 NOTARY PUBLIC - CALI ORNIA r signature(s) on the instrument the person(s), r SAN FRANCISCO COUNTY ,i -, x^` My comm. expires JUL 25, 1993 or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: o/ NAME OF PERSON(S)OR ENTITY(IES) acted, executed the instrument. rWitness my hand and official seal.r f 1 / vIIIGNATURE OF NOTARY (, o ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthonzed document. r THIS CERTIFICATE Title or Type of Document l cxcu-a-e ,01('-&''''e"-t- - o-/L ''''Nd-r6-/- Y4-1`. 6 MUST BE ATTACHED Number of Pages Date of Document b g TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above o ©1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of ��� j21�� CAPACITY CLAIMED BY SIGNER 4 r Countyof 0 INDIVIDUAL(S) f ' �}-CORPORATE / I�/ Onc Jv/ A /99.3 before me, `. / ' 7 A...1 ? Air u,' ZAPoFFICER(s) Aid o /DATE NA, ,T LE OF OFFICER-E.G.."JANE DOE,NOTARY-U, IC" TIT (5) o /_ ❑ PARTNER(S) 1 personally appeared v 6/1- ./ 0/70-5 ' 0 ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) 0 TRUSTEE(S) 6 1"' ' personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 SUBSCRIBING WITNESS 1 to be the person(s3-whose name(s3 is/ate f 'ti subscribed to the within instrument and ac ❑ GUARDIAN/CONSERVATOR 1 knowledged to me that he/she/they executed 0 OTHER: the same in his/hcr/thair authorized ///(i rii, capacity(ies), and that by his/herLtlieir ( signature( -on the instrument the person(s}, r or entity upon behalf of which the person(s)- SIGNER IS REPRESENTING: r acted, executed the instrument. N�IE OF PERSON(S)OR ENTITY(IES) OFFICIAL SEAL (� V f ;--z------,-,x-7,,---- 1�. CHFRYL A. JOHNSON Witness myhand and official seal. 16 )' mm ( _ •^ NOTARY PUBLIC -CALIFORNIA I ` ORANGE COUNTY T,Z,...SiVA-4(-Z J ^il�yv My comm. expires DEC 13, 1993 -————---- - - - ,t _a g J SIG URE OF NO Y 1 2 ATTENTION NOTARY:Although the information requested below is OPTIONAL.itit/could prevent fraudulent attachment of this certificate to unauthorized document. 1 THIS CERTIFICATE Title or Type of Document[ J, `- .r ,� i — J.�_/,i _/—.. 1 { MUST BE ATTACHED Number of Pages 5 Date of Document 9 6/93 1 ! TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above --ti" -.1-`ti•`v�ti-`titi�ltilti-.ti�����ti1-`�ti1titi�titi-�titi--��ti-`t-�ti��-`��titititi�z`�ti�ti��titi-`-`�►�ti�1�-`�.,,,,