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1998-0601_BLUE SKY PROPERTIES, LTD_License Agreement0 • LICENSE AGREEMENT This License Agreement (the "Agreement") is made and entered into this I day Of 74 J F , 1998, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "Licensor"), and BLUE SKY PROPERTIES, LTD. (hereinafter referred to as "Licensee"). Licensor and Licensee mutually agree as follows: 1. Grant of License. Licensor hereby grants to Licensee a license to enter on to that certain public property owned by Licensor for the purpose of installing and maintaining temporary landscaping, irrigation in connection with Licensee's construction of Assessors Parcel no. 121-254-42 in the City of San Juan Capistrano (the "Project"). The real property which is the subject of this Agreement is described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). Licensee shall not use the Property for any other purpose. 2. Term of License. The License shall begin on June 30, 1998 and shall continue in duration until licensor terminates. Licensor reserves the right to terminate this License Agreement by giving Licensee thirty (30) days' advance written notice of termination. This Agreement may be terminated without cause. Licensee shall have the same right to termination. 3. Licensee's Obligations. In consideration of Licensor's agreement to make the Property available to Licensee, Licensee and its agents shall: a) Construct landscaping and driveway approach in accordance with the approved Architectural Control 97-11 application; b) Keep and maintain the Property free of debris and trash; C) Keep and maintain healthy plants free from view obstruction of Camino Capistrano right of way; d) Maintain insurance requirements of this Agreement pursuant to Section 5. 4. Indemnification. I 0 0 Licensee shall indemnify, defend, and hold harmless Licensor and its elected and appointed officials from and against all claims, demands, loss or liability of any kind which Licensor or its employees may sustain or incur arising out of Licensee's, or its agents, performance of work in any manner connected with the rights herein licensed or with the use of the licensed area by Licensee, its officers, agents, employees or invitees. Licensee shall arrange to require that its contractors maintain appropriate levels of liability insurance with respect to the Project described herein. 5. Insurance Requirements. a) Comprehensive General Liability, Licensee shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. b) Worker's Compensation. If Licensee employs employees to perform services under this Agreement, Licensee shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after thirty (30) days' written notice is given to the Licensor. Prior to beginning work, Licensee shall provide to Licensor certificates of insurance establishing that the required insurance coverages have been secured by Licensee. Licensee shall provide an endorsement to Licensor establishing that Licensor has been legally added as an additional insured to the insurance policies required under this Agreement. 6. Assignment. Licensee shall not transfer, encumber, or assign this Agreement in whole or in part, whether voluntarily or involuntarily, nor sublet all or any part of this Agreement. 7. Notices. Any notices required to be given under this Agreement shall be sent to the following parties: Licensor: City of San Juan Capistrano 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager 0 Licensee: Blue Sky Properties, Ltd. 11404 East Imperial Highway Norwalk, CA 90650 Attn: Orval Paul or Steve Paul 8. Entire Agreement. This 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 be binding or valid. IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed on the day and year first hereinabove written. APPROVED AS TT FORM By: John R. Shaiv, City Attorney CADOUGLAS WGREEMNTSLUESKY.AGR LICENSOR: e � , City Manager LICENSE . By: Orval Paul, Mana ing Partner 0 dhow � ive _ \ V 24 RCP STORM OR \ \ \ }V EX/ST. ;V C481E � COX OVERHE40 \\� \ C. V W.D. 7ER 16".4C WATER V.W.D. EX/ST. T4:LEPHONE \ SERV/CE OVERHEAD 20" COMMON ROAD ` EX/ST. POWER ( III Q EASEMENT \ \ ` SERV/CE O���EAD C 9EVENSON, POWO & PIERCE INC. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS 18195 McOURMOTf EAST, SUITE C IRVINE, CALIFORNIA 92714 (714) 660-8822 EX/ST. 4 GAS Exhibit A 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) June 5, 1998 Mr. Orvall Paul Blue Sky Properties, Ltd. 11404 East Imperial Highway Norwalk, California 90650 Re: License Agreement Dear Mr. Paul: Joao �j miououne Illl��i:r�� 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of June 2, 1998, the City Council of the City of San Juan Capistrano approved the License Agreement with Blue Sky Properties for construction and maintenance of landscaping and driveway approach improvements in the public right-of- way over Assessor's Parcel No. 121-254-42, in accordance with the approved Architectural Control 97-11 for Capistrano Ford. A fully -executed copy of the License Agreement is enclosed for your files. The City has not yet received the insurance required in Section 5 of the Agreement. Please forward the required certificates to the City Clerk's office as soon as possible. The Agreement stipulates that work shall not begin until the insurance requirements are satisfied. Please feel free to contact Douglas Dumhart at 443-6316 if you have any questions. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Douglas Dumhart San Juan Capistrano: Preserving the Past to Enhance the Future DNUG USE Is AB