1998-0317_OYHARZABAL & RODRIGUEZ_License and Maintenance AgreementLICENSE AND MAINTENANCE AGREEMENT
WITH RESPECT TO STORM DRAINAGE LINE
LOCATED AT RANCHO SIERRA VISTA STABLES
This License and Maintenance Agreement (the "Agreement') is made this / 144�
day of #Arch , 1998, by and between Carmen Oyharzabal, as Trustee of the
Eugenie Oyharzabal Trust for the Benefit of Maria Rodriguez and Stephen Rodriguez,
(hereinafter referred to as "Licensor") and the City of San Juan Capistrano (hereinafter
referred to as "Licensee").
RECITALS:
WHEREAS, Licensor is the owner of certain real property located at 31441 Avenida
de la Vista, San Juan Capistrano, and more particularly referred to as Rancho Sierra Vista
Stables (hereinafter "the Property"), and
WHEREAS, a certain storm drainage pipe facility as depicted on the site plan,
attached hereto as Exhibit "A", and incorporated herein by reference, is located on
Licensor's property, and
WHEREAS, Licensor has incurred maintenance costs in recent months to keep the
subject pipe in good working order, and
WHEREAS, the Licensee has in the past made representations that it would offer
assistance to Licensor to maintain the pipe based upon its concerns regarding potential
liability for water runoff damages arising from the collection and dispersal of public storm
drain flows, and
WHEREAS, Licensor and Licensee share mutual concerns regarding the
ownership, control, maintenance, and potential liability of this storm drainage pipe facility,
and
WHEREAS, Licensor and Licensee intend by this Agreement to resolve these
ownership and maintenance concerns as set forth in this Agreement,
NOW, THEREFORE, BE IT RESOLVED BETWEEN LICENSOR AND LICENSEE
AS FOLLOWS:
Section 1. Grant of License.
Licensor hereby grants a License to Licensee for the purpose of allowing Licensee
to fully access and occupy that certain real property as depicted on Exhibit "A" for the
purpose of owning and maintaining in good working order the storm drainage pipe facility
set forth in Exhibit A.
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The access rights granted to Licensee herein shall include the unrestricted right to
perform all necessary maintenance work, including construction, re -construction, and
routine maintenance, repair and cleaning of the storm drain line. The access area is set
forth in Exhibit "A".
Section 2. Ownership of Storm Drain Line.
Exhibit "A" details a storm drain line consisting of a twenty-four (24) inch line on the
upper portion of the parcel, and an eighteen (18) inch line on the lower portion of the
parcel. Licensor hereby grants title to these pipe facilities to Licensee.
Section 3. Licensee's Reimbursement Obligations.
Licensee agrees to reimburse Licensor for maintenance expenses Licensor has
incurred as follows:
(a) One hundred percent (100%) of construction costs associated with
repair activity for the upper portion of the line which the Licensor has
estimated a total of Seven Thousand Five Hundred Dollars
($7,500.00), and therefore a Licensee obligation of Seven Thousand
Five Hundred Dollars ($7,500.00). In no event shall Licensee's
obligation for these costs exceed Seven Thousand Five Hundred
Dollars ($7,500.00).
(b) One hundred percent (100%) of other general maintenance costs
relating to other parts of the storm line, which the parties agree shall
be a total sum of Two Thousand Four Hundred Three and 05/100
Dollars ($2,403.05).
Licensor shall present to Licensee written documentation of such costs before
payment is to be made to Licensor.
Section 4. Term.
This Agreement shall remain in full force and effect until such time as mutually
rescinded by the parties to this Agreement.
Section 5. Additional Obligations of Licensor.
Licensor agrees not to construct any building structures, or in any other way, make
improvements over that portion of its real property, as depicted on Exhibit "A", within which
the storm drain line is located.
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Section 6. Preparation of Subseauent Formal Easement Deed.
Within ninety (90) days after execution of this Agreement, Licensor and Licensee
agree that each party will cooperate to finalize a formal easement deed in which Licensor
shall grant easement rights to Licensee over this same land area, described in Exhibit "A",
for the purpose of allowing Licensee to access and maintain the storm drain line in a
manner consistent with the terms of this Agreement.
Section 7. Liability and Indemnity.
Licensor, in receiving benefit from the transfer of responsibility for the storm line to
Licensee, hereby agrees to waive and release Licensee from any claims, past or future,
relating to damages to property arising out of this grant of License, except as provided
herein.
Licensee agrees to indemnify, save, and defend Licensor 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 Licensee's
actions to implement its ownership and maintenance obligations as set forth in this
Agreement.
Licensor agrees to indemnify, save, and defend Licensee, City, 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 any act of Licensor having a causal
relationship with respect to such alleged damages.
Section 8. Notices.
Any notices which are required to be given under this Agreement shall be sent by
first class mail, postage prepaid. The addresses of the parties are:
Licensor:
Rancho Sierra Vista Stables
attn: Carmen Oyharzabal
31441 Ave. De La Vista
San Juan Capistrano, Ca. 92675
Licensee:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: George Scarborough, City Manager
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Section 9. 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.
Section 10. Cooperation/ Advance Notice of Work.
City shall notify Licensor 72 hours in advance of any proposed City work in the
easement/license area, excepting emergency work. City will further coordinate with
Licensor as to scheduled work to avoid conflict in activities of the two parties.
IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to
be executed on the day and year first written above.
LICENSOR:
By:
Carmen Oyharzaba�
ATTEST:
APPROVED AS TO FORM:
By: 4-�
John R. Saw, City Attorney
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