07-0214_PLANT DEPOT_License AgreementRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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This Space for Recorder's Use Only
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Title of Document: LICENSE AGREEMENT for
Landscape Enhancements within
the Public Right -of -Way; APN 666-291-01 (Plant Depot)
Prepared on: February 6, 2007
License Agreement
License Agreement
I. PARTIES AND DATE.
Plant Depot
Page 2 of 5
THIS LICENSE AGREEMENT is made this 6`h day of February, 2007, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as
"Licensor" and Plant Depot, hereinafter referred to as "Licensee".
II. GRANT OF LICENSE AND CONDITIONS.
Licensor and Licensee mutually resolve as follows:
1. Grant of License. Licensor hereby grants to Licensee a license right to
use a portion of an existing public right-of-way for the purpose of installing
landscape and irrigation located within the City of San Juan Capistrano, and
more particularly described in Exhibit "A", attached hereto. The location of the
improvements is set forth in Exhibit "B", attached hereto. Licensee will place the
improvements under the direction of the Licensor's Director of Engineering and
Building in the existing public right-of-way located on Assessor's Parcel No. 666-
291-01.
2. Hold Harmless. Licensee agrees to save and defend the Licensor, its
elected and appointed officials, agents and employees 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 Licensee's rights and obligations under this Agreement.
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). Licensor shall be named as an
additional insured on such policy and an endorsement shall be provided to
Licensor proving that said insurance coverage is in place.
The foregoing indemnification and insurance obligations shall be in effect for
perpetuity or as such time that the improvements are removed to the satisfaction
of the licensor's Director of Engineering & Building.
3. Responsibility of Licensee to Maintain, Repair Remove and/or Relocate
Private Improvements. Licensee has requested and the Licensor by execution of
this Agreement allows the Licensee, at Licensee's sole expense, to of install
landscape and irrigation located within the existing public right-of-way. Licensee
acknowledges that the public right-of-way, in which the landscape and irrigation
will be placed, may need to be accessed by the City for maintenance and/or
repair. Any costs and construction work needed 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 agency/utility company,
License Agreement
at the expense of the Licensee.
Plant Depot
Page 3 of 5
Licensee further acknowledges if, during the course of construction and/or
maintenance of the private improvements by the Licensee, any of the Licensor's
property is damaged, the cost to repair and/or replace said equipment shall be
borne by the Licensee.
The Licensor reserves the right to terminate this License Agreement immediately
if Licensor determines that the improvements become detrimental to the public
health, safety and welfare. In the event of the termination of this License
Agreement, all costs to remove all of the improvements shall be born by the
Licensee.
4. Successors in Interest. The License Agreement shall inure to and be
binding on the heirs, successors, executors, administrators, and assignees of the
Licensee.
5. No Waiver. Any failures or delays by Licensor in asserting any of its rights
and remedies as to any default by Licensee hereunder shall not operate as a
waiver of any default or any such rights or remedies, or deprive Licensor of its
right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
III. TERMS.
1. This License Agreement shall continue in full force and effect, subject to
paragraph 4, unless terminated by the Licensee or Licensor upon 90 days written
notice; or, shall be terminated on 10 days notice if Licensee fails to adhere to
any conditions of this Agreement. Upon termination, Licensee shall restore the
right-of-way to its original condition to the satisfaction of the City Engineer.
DATED this 6t" day of February, 2007, at San Juan Capistrano.
LICENSEE CITY OF SAN JjJAN CAPISTRANO
BY: / % 9` By:
BRENT KITTLE, OWNER SQ
ATTEST:
(Attach Notary Acknowledgment)
MAYO /
WT ( CA -r
, CITY CLERK
)(S TO FORM:
,W. CITY ATTORNEY
License Agreement Plant Depot
Page 4 of 5
LEGAL DESCRIPTION
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:
RECORD SURVEY SAN JUAN CA PISTRANO LOT 34 POR OF LOT AND RECORD
SURVEY 4/1 5 LOT 2 FOR OF LOT TR 591 (666-291-01) (PLANT DEPOT).
EXHIBIT "A"
License Agreement
LOCATION OF IMPROVEMENTS
Plant Depot
Page 5 of 5
EXHIBIT "B"
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Slate of California
County of// --
On ii Nr" '0`1 before me4:qa4V=S Date' Name ,(� �-- �/ .,.�(' Name and Title of OPoce,
personally appeared PO N l 1- i 1 >a LA -
CHARLES ERASER m
F COMM...1453349 m
PoOTAtry pOguC•CAL�OaNIA —I
m OpANtiEDDUNTy =
My Term E�. Dec. 20, 2007
Place Notary Seal Above
y16sonally known to me
�❑ (or proved to me on the basis of satisfactory evidence)
to be the person(*whose names) is/are subscribed to the
within instrument and acknowledged to me that
hebheAhey executed the same in hislNer4heir authorized
capacity(ies), and that by hislhedtheir signatures) on the
instrument the person(o, or the entity upon behalf of
which the personjs) acted, executed the instrument.
WITNESS my hand
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 form to another document.
Description of Attached Document�—
Title or Type of Document: 1 I C h JjS <
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —
❑ Partner — ❑ Limited
❑ Attorney in Fact
Title(s): _
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIC
NFR
C 2006 National Notary Association • 9350 De Solo Ave, PO. Box 2402 • Chalswonh, CA 91313-2902 Item No 5907 ReorderCall Toll -Free 1 600 876 6827
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 February 6, 2007, before me, Margaret R. Monahan, City Clerk, personally appeared Sam
Allevato 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.
(SEAL)
Capacity Claimed by Signers
Mayor
Title
Signers are Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
a2
Monahan, City Clerk
OPTIONAL
Description of Attached Document
License Agreement — APN 666-291-01 —
Plant Dept
Date: 2/6/2007