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1994-0201_HIDEO SHIBATA_License AgreementRECORDING REQUESTED BY: City of San Juan Capistrano AND WHEN RECORDED MAIL TO: Office of the City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project No.: 17-63500-4717-700 Project: Trabuco Sewer Emergency Repair Assessors Parcel No. 649-111-01 rFr+ a Exempt from Recording Fees Pursuant to Government Code Section 6103 City Sewer Emergency Repair Project Cheryl JohnMn., City Clerk San Juan Capistrano, California LICENSE AGREEMENT TEMPORARY PUMPING STATION AND PIPELINES SHIBATA h THIS LICENSE AGREEMENT is made thisSL_ day of fir 1994, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as Dr "City" and Hideo Shibata, an individual, hereinafter referred to as "Property Owner". WHEREAS, Property Owner owns land more particularly described as Assessor's Parcel No. 649-111-01; and, WHEREAS, City owns and operates a sewer facility crossing Trabuco Creek adjacent to the Property Owner's land; and, WHEREAS, City sewer crossing Trabuco Creek has suffered storm damage presenting a danger to health and safety; and, WHEREAS, City ultimately plans to relocate said sewer in Avenida de La Vista; and, WHEREAS, Design and relocation of said sewer may take two years; and, WHEREAS, City wishes to abate the potential danger to health and safety immediately by designing and constructing facilities to bypass the existing Trabuco Creek crossing; and, WHEREAS, City desires to use "Area A", as depicted on "Exhibit All, attached hereto and made a part hereof, to install and operate a temporary pump station to pump sewage directly to the City sewer in Avenida de la Vista; and WHEREAS, City will also require the use of Owner's road for ingress and egress from Avenida de la Vista to the pump station. -1- License Agreement C� ued NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES and the promises which follow, OWNER and CITY agree as follows: 1. Grant of License. Owner hereby grants to the City a temporary license for: a. The installation, operation and maintenance of a pump station and facility on "Area A" to pump sewage directly to pipelines located in Avenida de la Vista. b. Ingress and egress from Avenida de la Vista over Owner's road to Area A. 2. Term. This License will commence on the date this agreement is executed and will terminate when the first of the following events occurs: a. Cessation of the use of the pump station and facility by the City. b. Termination by mutual agreement. C. December 31, 1995. 3. Consideration. In consideration of the granting of this License, the City shall: a. License Fee. Pay Owner the sum of Five Hundred Dollars ($500.00) per month commencing on the execution of this agreement and continuing each month thereafter until terminated. b. Safety of Premises. Observe and maintain the safety and security of Owner's land and premises by: (1) Limiting its regular use of the road and site to Owner's normal hours of operation, i.e., 7:30 a.m. to 4:30 p.m. Mondays through Fridays, emergencies excepted. (2) Keeping the gate at Avenida de la Vista closed and locked after each entry or exit when the Owner is not open for business. C. Use of Road and Area A. Use the road and Area A safely and in such a manner as not to disturb or create a hazard or nuisance to Owner, his neighbors or any of the surrounding property. Any damages caused by the City or any of its agents, employees or contractors shall be promptly repaired by the City. 4. Indemnity and Hold Harmless The City represents and warrants that the Owner is adequately protected --through liability insurance or otherwise --from any claim or liability arising from any injury or damage which might take place on the Road or Area A by reason of its use and occupancy, and agrees to indemnify and hold Owner, his successors and assigns, free and harmless therefrom. License Agreement C wed 5. Restoration of Area A Within thirty (30) days after termination of this License, the City shall: remove all of the debris, pumps, equipment and appurtenances; reasonably restore "Area A" to its pre-existing condition and repair any damages to the road. 6. Extension This License Agreement may be extended by mutual agreement of the parties hereto. 7. Successors in Interest The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. DATED this�day of cbkar 1994 at San Juan Capistrano. ATTEST: CITY OF SAN JUAN CAPISTRANO BY: Cheryl A. J hnson, City Clerk ollene mpbell, Mayor APPROVED AS TO FORM: 6 ichard K. Denhalter, Cit Attorney �7 91�y PROPERTY OWNER: L� Hideo Shibata P %j% OE ..coo�P �N SH 1 BATA SECT ION 1, T8S, R.8W E X H"181 T 'A' a 50-1 STATE OF California ss. COUNTY OF Orange On January 14, 1994 beforeme,James So Okazaki, (Neemode of ofuer-ia.,Jane Doe, Notary Pudic') Notary Public personally appeared Hideo Shibata me for oroveo to me on name(N is/w subscribed to the within instrument and acknowledged to me that the same in his t authorized capacity(ssi and that by his*201heir signatu the person(s), or the entity upon behalf of which the person(9) acted, executed the WITNESS my hand and official seal. ok't—e (Seal) a with Fingerprint—Walcotls Form 63238—Rev 12-92 (price class 8.2) State of W""', .vi 'County . tm On YDhrr,a.0 4 /4g� before me,a Gvrn l/� TgGtrt�& 7�0 1�1 CATC-x�i. � NA TITLE OF OFFICER- E.G., ANE DOE, NOTRAY PUBLIC" person lyappeared ��/t �ngolx l NAME(S) FSIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(e) is/art subscribed to the within instrument and ac- knowledged to me that+te/she/they executed the same in bis/her/t*eir authorized capacity(ies), and that by -His/her/their signature(.$) on the instrument the person(ar or the entity upon behalf of which the person< CHERYL A. JOHNSON acted, executed the instrument. .,.:..)'; COMSI,. f 1009470 Witness my hand and official seal. Z -ask 3;T=; Notcry PutCc — California ORANGE COUNTY My Comm. Expires DEC 13, 1997 Signature CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) �CORP019A7E _ OFFICER(S) Ai�a'40 IT E(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NE OF PERSONS) OR ENTITYRES) / ") ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. OFFICIAL SEAL Title or Type of Document %'c c -LH S¢.y'2t�Kf.IF 4, James S. Okazaki DESCRIBED AT RIGHT: Co NOTARC CALIFORNIA ?a - onw� ORANGERANGECOUNTY My Comm Expires May 22 1995 isaa)-J� rvyCcmm O FTCIAL SEAL Okazaki IC CALIFORNIA COUNTY ECPres May221996 On January 14, 1994 beforeme,James So Okazaki, (Neemode of ofuer-ia.,Jane Doe, Notary Pudic') Notary Public personally appeared Hideo Shibata me for oroveo to me on name(N is/w subscribed to the within instrument and acknowledged to me that the same in his t authorized capacity(ssi and that by his*201heir signatu the person(s), or the entity upon behalf of which the person(9) acted, executed the WITNESS my hand and official seal. ok't—e (Seal) a with Fingerprint—Walcotls Form 63238—Rev 12-92 (price class 8.2) State of W""', .vi 'County . tm On YDhrr,a.0 4 /4g� before me,a Gvrn l/� TgGtrt�& 7�0 1�1 CATC-x�i. � NA TITLE OF OFFICER- E.G., ANE DOE, NOTRAY PUBLIC" person lyappeared ��/t �ngolx l NAME(S) FSIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(e) is/art subscribed to the within instrument and ac- knowledged to me that+te/she/they executed the same in bis/her/t*eir authorized capacity(ies), and that by -His/her/their signature(.$) on the instrument the person(ar or the entity upon behalf of which the person< CHERYL A. JOHNSON acted, executed the instrument. .,.:..)'; COMSI,. f 1009470 Witness my hand and official seal. Z -ask 3;T=; Notcry PutCc — California ORANGE COUNTY My Comm. Expires DEC 13, 1997 Signature CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) �CORP019A7E _ OFFICER(S) Ai�a'40 IT E(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NE OF PERSONS) OR ENTITYRES) / ") ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document %'c c -LH S¢.y'2t�Kf.IF MUST BE ATTACHED TO THE DOCUMENT Number of Pages ate of Document / DESCRIBED AT RIGHT: /1 / Signer(s) Other Than Named Above s�" © 1991 NATIONAL NOTARY ASSOCIATION •8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184