1994-1101_BUCHHEIM, LAWERENCE & CARL_License Agreement• 0
LICENSE AGREEMENT FOR USE OF REAL PROPERTY
This License Agreement is made this 1 st day of November, 1994, by and between
Lawrence and Carl Buchheim, hereinafter referred to as "Licensor", and The City
of San Juan Capistrano, a municipal corporation, hereinafter referred to as
"Licensee."
WITNESSETH
WHEREAS, the Licensor desires construction of permanent improvements for
the security of their property known as the Juniperro Serra site; and,
WHEREAS, such permanent improvements will require the installation of
security gates and fencing as well as the cleanout of drainage facilities; and,
WHEREAS, the Licensee desires the use of the property from time to time for
City -sponsored events; and,
WHEREAS, the licensee represents itself to be a responsible agency and can
manage and supply the Licensor with equipment and labor for said improvements.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto
as follows:
SECTION 1. License Agreement to Use Certain Real Property.
Licensor hereby agrees to provide a License Agreement to Licensee for
certain real property more particularly described as Assessor's Parcel #649-011-25
and #649-011-30, Orange County records, commonly known as approximately 29
acres of the Juniperro Serra site, the land easterly of Camino Capistrano, westerly
of the 1-5 Freeway, north ci Casitas Garden Homes and south of Juniperro Serra
Road. The purpose of this License Agreement is to enable Licensee to utilize said
real property for City -sponsored events and activities, which may include City -
sponsored carnivals, circuses, or rodeos, but shall not include events or activities of
private parties or organizatic;ns. Licensee shall not use this land area for any other
purpose, nor shall the provisions and conditions of this License Agreement apply to
other events or activities. For purposes of this Agreement, "City -sponsored" shall
mean only those events or activities adopted by action of the City Council of
Licensee as official City events or activities and operated under the control of
Licensee.
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SECTION 2. License Agreement Payment.
As compensation for License Agreement, Licensee shall furnish
administration, management, labor, supplies and equipment necessary for securing
the property in accordance to the Licensor's approved plan, at no cost to the
Licensor.
SECTION 3. Term.
This License Agreement shall be for a period of two (2) years beginning
November 1, 1994, and may roll over for an additional six (6) months or until
Licensor decides to develop the property. Licensor reserves the right to terminate
this License Agreement by giving Licensee sixty (60) days advance written notice
of termination. Licensee shall have the same right to termination.
SECTION 4. Indemnification.
Licensee shall hold harmless, indemnify and defend Leaseholder of property,
and Licensor, its directors, officers and agents, employees and successors from all
liabilities, penalties, losses, damages, costs, expenses, causes of action, claims
and/or judgements arising out of Licensee's negligence or willful misconduct of
Licensee, its agents, employees and contractors, and invitees activities pursuant to
this License agreement; cr arising from a violation of any laws relating to the
presence or regulation of hazardous materials on the premises which violations were
caused by Licensee or, if caused by a third party, were caused under by
circumstances where Licensee willfully permitted such violations to occur, or if
caused by a third party in the course of a City -sponsored event, occurred under
circumstances whereby Licensee willfully and knowingly permitted such violations
to occur during such event. The provisions of this Section shall apply only to City -
sponsored events and activities.
SECTION 5. Insurance.
Licensee shall, at Licensee's sole cost and expense, but for the mutual benefit
and protection of Leaseholder for property and Licensor, maintain comprehensive
general liability insurance or self-insurance against claims for personal injury or
death and property damage in the limits of not less than $500,000 (five hundred
thousand dollars) in respect to bodily injury or death to any one person in any one
accident, and in limits of not less than $1,000,000 (one million dollars) in respect to
bodily injury in respect to bodily injury or death to more than one person in any one
accident and property damane in all instances in an amount not less than $500,000
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(five hundred thousand dollars). Licensee shall provide worker's compensation
during the course of any actions pursuant to temporary stockpiling operation.
Licensee shall provide suitable certificates from the insurance company or self-
insurance program to evidPrice coverage required hereby.
SECTION 6. License Agreement Assignment.
Licensee shall not transfer, encumber, assign or hypothecate this License
Agreement in whole or in part, whether voluntarily or involuntarily, nor sublet all or
any part of this License Agreement without the prior written consent of Licensor.
SECTION 7. Nen-Exclusive License Agreement.
Licensor reserves the right to allow other parties to utilize the subject land
area for any purpose which Licensor may so designate. Licensor shall reasonably
cooperate with Licensee by p. oviding not less than sixty (60) days advance written
notice of other potential uses which Licensor may place upon the land.
In the event that Licensor permits usage of the subject land by other parties,
Licensor shall be responsible for the repair or replacement of improvements made
by Licensee to secure the property which may be removed or damaged during such
usage by other parties.
SECTION 8. Gate Maintenance.
Licensee agrees to m?nimally maintain security gates in a manner to prevent
illegal disposal or trespassers from entering the premises, but shall not otherwise
be responsible for entry o damage to the subject property at times when the
property is not being used for City -sponsored events or activities.
SECTION 9. Right to Inspection.
Licensor reserves the right to enter the property at reasonable times for the
purpose of conducting an inspection of the property to insure compliance with the
terms of this License Agreement.
SECTION 10. Notices.
Any notices required to be given under this License Agreement shall be sent
to the following parties:
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City of San Juan Capistrano
Attn: Ron Sievers
Public Lands & Facilities
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Fax Number: (714) 493-1053
Lawrence and Carl Buchheim
P.O. Box 25
San Juan Capistrano, CA 92675
SECTION 11. Entire Agreement.
This License Agreement contains the entire agreement of the parties hereto
with respect to the matters covered hereby, and no other previous agreement,
statement or promise made by any party hereto which is not contained herein shall
not be binding or valid.
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IN WITNESS WHEREOF, Licensor and Licensee have caused this License
Agreement to be executed on the day and year first hereinabove written.
CARL BUCHHEIM
(Licensor)
Approved as to form:
By:
Richard K. Denhalter, Agencyoyynsel
IL130 y
Attest:
f i -
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LAWRENCE BUCHHEIM
(Licensor)
CITY of SAN JUAN CAPISTRANO
(Licensee)
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