1996-0521_ESTATES AT SAN JUAN CAPISTRAL, L.P._License AgreementRECORDING 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
refr: Toll Bros/Tract 13726
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
25.00
006 20003964 ze 549960306672 4;04pm 06/17/96
R12 7 7.00 18.00 0.00 0.00 0.00 0.00
LICENSE AGREEMENT
Tract 9373
THIS LICENSE AGREEMENT is made this 21 st day of May, 1996, by and between
the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and THE ESTATES AT
SAN JUAN CAPISTRANO, L.P., A CALIFORNIA LIMITED PARTNERSHIP, hereinafter referred
to as "Licensee".
City and Licensee mutually resolve as follows:
Grant of License.
City hereby grants to Licensee a license right to use a portion of the public
street for the purpose of constructing and maintaining a call box/planter area and decorative concrete
pavement, located on land within that certain subdivision tract known as Tract No. 9373, located
within the City of San Juan Capistrano, and more particularly described in Exhibit "A", attached
hereto. The location of the improvements are set forth in Exhibit "B", attached hereto. Licensee will
place the improvements under the direction of the City's Director of Engineering and Building in the
public street.
2. Hold Harmless.
Licensee shall release and shall agree to indemnify and save and defend the City
harmless from and 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 whatsoever the same may appear, either resulting directly or indirectly made or suffered
by Licensee, their agents, employees and subcontractors while engaged in the performance of the
construction and maintenance of the call box/planter area and decorative concrete pavement in the
public section of Tract 9373.
W.
Licensee shall maintain in effect a policy of comprehensive general liability or
commercial general liability insurance in which the limits of liability shall not be less than One Million
Dollars ($1,000,000.00). City shall be named as an additional insured on such policy.
The foregoing indemnification and insurance obligations will terminate when
the call box/planter area and decorative concrete pavement are properly removed from the public
portion of Tract 9373 to the satisfaction of the City Engineer.
3. Responsibility of Licensee to Maintain. Repair. Remove and/or Relocate
Private Improvements.
Licensee has requested and the City by execution of this Agreement allows the
Licensee, at Licensee's sole expense, to construct and maintain private improvements which consist
of a call box/planter area and decorative concrete pavement in the public portion of Camino La
Ronda, Tract 9373 for the benefit of Tract 13726.
Licensee acknowledges that Camino La Ronda is a public street which has
existing City, Capistrano Valley Water District and public utility facilities. As needed, all facility
owners have the right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain,
repair, improve and relocate their facilities in Camino La Ronda which may require repair to, removal
of, and/or relocation of the private improvements. All costs to repair, remove and/or relocate said
private improvements occasioned by the above shall be borne by the Licensee.
Prior to the issuance of construction permits, private improvements found to
be in conflict with existing utility facilities or systems shall be redesigned, or utilities shall be
relocated, subject to the approval of the specific utility company, at the expense of the Licensee.
Licensee further acknowledges if, during the course of construction and/or
maintenance of the private improvements by the Licensee, any of the facility owners' equipment is
damaged, the cost to repair and/or replace said equipment shall be borne by the Licensee.
The City reserves the right to terminate this License Agreement immediately
if the Licensee fails to maintain said private improvements in the public street to the point that the
City believes this placement to be detrimental to the public health, safety and welfare.
4. Successors in Interest.
The License Agreement shall inure to and be binding on the heirs, successors,
executors, administrators, and assignees of the Licensee.
Term.
This License Agreement shall continue in full force and effect, subject to
paragraph 4, unless terminated by the Licensee or City upon 90 days written notice; or, shall be
terminated immediately if Licensee fails to adhere to any conditions of this Agreement.
DATED this 21 st day of May, 1996, at San Juan Capistrano.
ATTEST:
1
AP OVED AS TO FORM:
CI Y ATTORNEY
CITY OF SAN JUAN CAPISTRANO
By r
WY T f HART, MAYOR
THE ESTATES AT SAN JUAN
CAPISTRANO, L.P., A CALIFORNIA
LIMITED PARTNERSHIP
By: TOLL CA GP CORP., A CALIFORNIA
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:
FINAL MAP, TRACT 9373, RECORDED AS DOCUMENT 35682, BOOK 411, PAGES 1
THROUGH 7, ON JULY 22, 1977.
R. V. W
TRACT 9373
TRACT BOUNDARY\ ry
�IDr2sE r�oss��lc�
mos aI,T pv,Ji G
TRACT 13726 1
LOT 1
p�ToMh riG t%OTRY
"IMPROVEMENTS"
CAMINO LA RONDA IMPROVEMENTS TO BE PLACED IN
(public section) PUBLIC STREET PER LICENSE AGREE.
I. GOI�OD ST�P�r> OCG•
A F EYE
G^TS
pa and planter area
TRACT BOUNDARY
gate
0 I (priv
Z I sect
7
LOT 63
` � Q
WORK AREA MAP
EXHIBIT "B"
ALL-PURPOSE ACKNOWLEDGMENT
• State of California •
ICounty of SS. '
' On &� 7� before me,
i (DATE) /�5 � (NOTARY) i
personally appeared �\J/
SIGNER(S)
Ipersonally known to me - OR- ❑ proved to me on the basis of satisfactory '
• evidence to be the person(s) whose name(s) •
Iis/are subscribed to the within instrument and '
• acknowledged to me that he/she/they executed •
fthe same in his/her/their authorized '
• capacity(ies), and that by his/her/their •
' signature(s) on the instrument the person(s), '
• or the entity upon behalf of which the •
' person(s) acted, executed the instrument. I
'
r ";0 JANICE GILDEN-REHAK v WITNESS my hand and official seal. !
•
CC Comm. # 1063519 '
' a ` NOTARY PUBLIC - CALIFORNIA-nI Orenea COW" ��4/Fa"L✓I �� �'��� i�w! � I
• , My Comm. Expires Lary Z 1999 11 •
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Tm,E(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR •
' ❑ OTHER: '
•
DATE OF DOCUMENT
! SIGNER IS REPRESENTING: !
' NAME OF PERSON(S) OR ENTITY(IES)
OTHER •
APA 1/94 VALLEY -SIERRA, 800-362-3369
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On May 21. 1996 before me, Cheryl Johnson
City Clerk, personally appeared - - - Wyatt Hart - - -
personally known to me to be the person whose name is
subscribed 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.
h (SEAL)
WITNESS my hand and official seal.
Capacity Claimed by Signer
Municipal Corporate Officer
Mayor
Title
Signer is Representing
City of San Juan Capistrano
City Clerk 61t
OPTIONAL
Description of Attached Document
License Aereement/Toll Brothers. Tract
13726
Title or Type of Document
Number of Pages
May 21 1996
Date of Document
James W Boyd
Signer(s) Other Than Named Above