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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