03-0520_STONERIDGE ESTATES HOMEOWNERS ASSOCIATION_License AgreementRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675e
AND WHEN RECORDED, MAIL TO: Recorded in Official order
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County of orange
Daly, clerk-Recorde
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Margaret R. Monahan, City Clerk pl►IIIIIIIIIIIIIIIIII11111111111111111111111111111
City of San Juan Capistrano 0061928110 43am
32400 Paseo Adelanto2��30 0.00
San Juan Capistrano, CA 92675 117 75 Al2 a 0,00 o-00 0.00 0 00
0.00 0.00 0.00
Exempt from Recording Fees:
Benefits & Requested by
City of San Juan Capistrano
I�
This Space for Recorder's Use Only
Title of Document: t
LICENSE AGREEMENT
Parties:
City of San Juan Capistrano
Stoneridge Estates Homeowners Association
THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS
RECORDING 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
RECORDING FEE EXEMPT
DUE TO GOVERNMENT CODE
SECTION 6103
Margaret R. Monahan, City Clerk
San Juan Capistrano, CA 92675
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made this �20 th day of 20n/ by
and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred tolas "City", and
STONERIDGE ESTATES HOMEOWNERS ASSOCIATION, hereinafter referred to as
"Association".
Recitals:
WHEREAS, Association desires to use certain City right-of-way areas located on
the site plans, attached as Exhibits A and incorporated herein by reference, for greenbelt
purposes only and,
WHEREAS, City has no present immediate need to utilize the right-of-way areas.
NOW, THEREFORE, BE IT RESOLD between City and Association as follows:
Land Area to be Utilized for Landscape Greenbelt Purposes.
City hereby consents to Association's use of that right-of-way described in
Exhibit A. The intended use of the right-of-way by Association shall be to
develop and maintain a landscaped greenbelt within the area as shown in
Exhibit A. City agrees that Association may perform the minor grading
necessary for use and Association shall not engage in any other grading or
changing of basic contours of the right-of-way without prior written approval
by the City. All trees are to be protected in place by the Association. If the
Association should desire to remove any existing trees, it must be requested
in writing to the City. No compensation shall be required of Association with
respect to Association's utilization of the right-of-way area for greenbelt
purposes. No other use of these areas will be allowed without written
permission of the City Council of the City of San Juan Capistrano.
Page 1 of 4
2. It is understood the area subject to this agreement is to be used solely as a
passive landscaped greenbelt. As such, the following uses are specifically
prohibited and would constitute cause for termination pursuant to Section 4
of this agreement.
• Playing fields of any kind
• Picnic tables, bar-be-ques, and other eating facilities
• Dog Park or other animal uses
• Special events (birthdays, block parties, concerts, etc.
• Vehicle and equipment parking
• Play equipment, pools, sport courts
• Other uses, as determined by the City, which may develop over time
shall be prohibited.
In addition, the Homeowners Association (HOA) and Management Company
shall provide adequate written notice to its residents and at the park site of
prohibited activities within the passive landscaped area. The HOA and
Management Company shall also be responsible to post at the site and notify
residents regarding prohibition on use as a dog park and pick up and
disposal of animal waste.
3. Maintenance.
All maintenance, including irrigation, mowing, weed abatement, landscaping
and general cleaning of the areas shall be the responsibility of the
Association.
4. Term of License.
This license shall continue on an indefinite basis but may be terminated
without cause, by either party, by serving a notice of termination 90 days in
advance on the other party. This agreement may be terminated for cause
in 30 days for any violation or breach of the terms of the agreement.
5. Richt-of-Entry.
City shall have the right to perform maintenance and/or repairs of any public
utilities located within the easement areas at all times. City shall not be
responsible for restoration of any Association improvements which may be
damaged within designated areas due to maintenance or repair work
performed by the City. City shall have the right to continue to use the
existing asphalt pathways on an "as -needed" basis. A right of entry is also
reserved at any time by the Fire and Police Departments of the City.
Page 2 of 4
6. Hold Harmless.
Association agrees to save and defend the City, its elected appointed
officials, 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, arising out of the performance of
Association's rights and obligations under this Agreement.
Association 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 ($1,000,000.00). City shall be named
as an additional insured on such policy and an endorsement shall be
provided to City proving that said insurance coverage is in place.
Notices.
Any notices given underthis agreement shall be served by first class mail on
the other party as follows:
To Association:
Stoneridge Estates Homeowners Association
Seabreeze Management Company, Inc.
39 Argonaut, Suite 100
Aliso Viejo, CA 92656
Attention: Carrie Zavadil
To City:
Director of Engineering and Building Services
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Page 3 of 4
DATED THIS Zl th day of 200at San Juan
Capistrano.
ATTEST:
o2v(
R. MONAHAN,
AS TO FORM:
CITY QF�$AN JUAN CAPISTRANO
0
, City Manager
Stoneridge Estate's Homeowners Association,
A Califomia Non -Profit Mutual Benefit Corporation
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' �V �IIII���•'
President
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Secretary
CLERK
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JOHN R. HAW, CITY ATTORNEY
Page 4 of 4
SENT BY: SEABREEZE;
1 949 855 6678 AUG -7-02 4:56PM;
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
jj�� ss.
County of (�IF
On oL oq r d3 before me, "Sh� t ' 5
Dill Name and Title of officer (e.g., "
personally appeared
R. L ftf4SSIR
Cornm:sslon N 1318480
Notary Public- Calif0mia 7�
Orenye County
My comm. EgwrwAug 20, 2005
Place Notary Seal Above
1 personally known to me
FIA proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and
acknowledged to me that t e/shfe/they executed
the same in VA/h,dr/their authorized
capacity(ies), and that by [)i?0ybr/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES my rl d offi seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this to(m to another document.
Description of Attached Document
Title or Type of Document: A,
Document Date: Number of Pages: -
renE
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Individual Top of thumb here
I-1 Corporate Officer—Title(s):
rJ Partner Limited J General
Attorney in Fact
I Trustee
J Guardian or Conservator
C Other:
Signer Is Representing:
01999 National Notary Mixer ation • 9350 De Soio Aae., PO. Box 2402 • Chatsworth, CA 91313-2402 • w oxtionaln dinar, Pred No. 5907 Reorder Call Toll Fred 1 8008]6682]
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On May 28, 2003 before me, Margaret R. Monahan, City Clerk, personally appeared George
Scarborough, City Manager, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her authorized capacity,
and that by her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
(2_ (/tom.
R. Monahan, City Clerk
OPTIONAL
Description of Attached Document
License Agreement
Title or Type of Document
4 + acknowledgements & exhibits
Number of Pages
May 20, 2003
Date of Document
Thomas Barrett
Signer(s) Other Than Named Above