1994-0517_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
IGC # 94-0372046
01--Till*!-1994 09:39 Aei
Recorded in Official Records
of Orange County, California
I as p, Bran.ti, f_.._mty Rprnr.iar
page I of 5 pees: ' v.Q'u
0.00
Project No.: 17-63500-4717-700 Exempt from Recording Fees Pursuant
Project: Trabuco Sewer Emergency Repair to Government Code Section 6103
Assessors Parcel No.: 649-111-01 City Sewer Emergency Repair Project
Cheryl Johnson, 4y Clerk
San Juan Capistrano, California
LICENSE EN AGREEMENT
TEMPORARY PUMPING STATION AND PIPELINES
(SHIBATA)
THIS LICENSE AGREEMENT AMENDMENT is made this day of&* 1994, by and
between the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred
to as "City" and Hideo Shibata, an individual, hereinafter referred to as "Property Owner".
WHEREAS, City and Property Owner entered into a prior License Agreement dated
February 1, 1994 for the temporary use of "Area A" as depicted on "Exhibit A" attached to that
Agreement; and
WHEREAS, City and Property Owner desire to continue the intent of the previously
executed Agreement; and
WHEREAS, Detailed design for the project has identified the City's desire to also use
"Area B" in addition to "Area A" as depicted on "Exhibit A" attached hereto and made a part
hereof to install and operate the force main from the temporary pump station to pump sewage
directly to the sewer in Avenida de la Vista.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES, and the promises
which follow, Property Owner and City agree as follows:
Grant of License. Property Owner hereby grants to the City a temporary license for:
a. The installation, operation and maintenance of pipelines on "Area B" to pump
sewage directly to pipelines located in Avenida de la Vista.
b. Ingress and egress from Avenida de la Vista over Property Owner's road to "Area
B".
Term. This License Amendment No. 1 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.
Consideration. In consideration of the granting of this License Amendment No. 1,
the City shall:
a. 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.
b. i Tse of Road and Area Use the road and Area B safely and in such a
manner as not to disturb or create a hazard or nuisance to Owner, his neighbors or
anv 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.
Indemnitand 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 B
by reason of its use and occupancy, and agrees to indemnify and hold Owner, his
successors and assigns, free and harmless therefrom.
5. Restoration of Area B. Within thirty (30) days after termination of this License, the
City shall: remove all of the debris, pumps, equipment and appurtenances; reasonably
restore "Area B" to its pre-existing condition and repair any damages to the road.
6. Extension. This License Agreement Amendment No. 1 may be extended by mutual
agreement of the parties hereto.
7. Successors in Interest. The License Agreement Amendment No. 1 shall inure to
and be binding on the heirs, successors, executors, administrators, and assignees of the
Property Owner.
All other terms and conditions of the existing License Agreement shall continue in full force and
effect.
DATED this -L��day of A99L 1994 at San Juan Capistrano.
ATTEST:
I
APPROVED AS TO FORM:
RiclL . Denhalter,(Sty Attorney
6-�/ �/44/
CITY OF SAN JUAN CAPISTRANO
BY:
Collene Campbell, Mayor
PROPERTY OWNER:
Hideo Shibata
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EXHIBIT 'A'
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State of /` `/ FOI- 2 =-�
County ofQ
On Aftt I l6 99 before me,(ery 1 A-U,0A-t15&7
DATE C�NA , TITLE OF OFFICER E.G.,'JANE OOE, NOTARV ELIC"
personally appeared—/�TG/� O 4A! ala 1.4-
NAME(S) OF SIGNER(S)
❑ personally known to me - OR
913r6ved to me on the basis of satisfactory evidence
to be the person(Wwhose names) is/ars-
subscribed to the within instrument and ac-
knowledged to me that he/shglMy executed
the same in his/her-/#Hei authorized
capacity(ieS), and that by his/hTr7t-f eir
signature(s) on the instrument the person(g),
or the entity upon behalf of which the person(sj
CHERYL A. JOHNSON acted, executed the instrument.
COMM. # 1009470 z
Z ' �a��,V Notary Public - California
ORANGE COUNTY
My Comm, Expires DEC 13, 1997
Witness my hand and official seal.
CAPACITY CLAIMED BY SIGNER
Er INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAM
ER NIS) OR ENTITYLES)
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 A Ce-KSC. A."Xi �PeA_2( �V _'_ /
MUST BE ATTACHED Number of Pages DateDocument s .AU7 rovu� Z
TO THE DOCUMENT�7J
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 9
D 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Can.ga Park, CA 91304-7184
State of Q _kge/GC Gt— l I CAPACITY CLAIMED BY SIGNER
J} ❑ INDIVIDUAL(S)
County of
On114y-before me,( �Kin /L,0,1PORK"
%Jclbw
D E �y NA E, T LE OF OFFICER E G., "JANE DOE, OTARY
personally appeared (' lE/,)6 dELG_
NAME(S) OF SIGNER(S)
ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person) whose names 6) is/an;'
subscribed to the within instrument and ac-
knowledged to me that Ae/she/therexecuted
the same in his/her/thetr authorized
capacity(ies-�, and that by his/her/their
signature(iq on the instrument the persorl(s),
orthe entity upon behalf of which the person(<
acted, executed the instrument.
CHERYL A. JOHNSON
COMM. • 1009470 n Witness my hand and official seal.
Z _ �+ Notary public - California
ORANGE COUNTY
My Comm. Expires DEC 73, 1997
NA RE OF N16TARY
OFFICER(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NA F P RSNIS) OR ENTITY(IES)
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 Docume t /—e /
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages D to (
of ocument /
�
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
-, oa, uennuei unrecv ecCM,ennN . A91A Rnmmnr evc . P n Rnx 7114 • Canooa Park. CA 91304-71 e4