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.
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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
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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:
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City Manager
LICENSE .
By:
Orval Paul, Mana ing Partner
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CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS
18195 McOURMOTf EAST, SUITE C
IRVINE, CALIFORNIA 92714
(714) 660-8822
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Exhibit A
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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:
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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
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