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07-0718_SAN JUAN CAPISTRANO HISTORICAL SOCIETY_License AgreementThis Documes electronically recorded by . Cert Mail D I. RECORDING 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: Benefits/Requested by: City of San Juan Capistrano Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder INNES®/11 NO FEE 2007000449300 10:00am 07/18/07 213 33 Al2 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use Only Title of Document: LICENSE AGREEMENT —SAN JUAN CAPISTRANO HISTORICAL SOCIETY (Located 31831 Los Rios, Assessor's Parcel Number 121-160-47) AGREEMENT IN EXCHANGE FOR PUBLIC BENEFIT THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS a RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 S LICENSE AGREEMENT Assessor's Parcel # 121-160-47, County of Orange This LICENSE AGREEMENT ("Agreement") is entered into between the CITY OF SAN JUAN CAPISTRANO ("licensor") and San Juan Capistrano Historical Society ("Licensee"). 1. Licensee's Real Property. Licensee is the owner of that certain real property located at 31831 Los Rios within the City of San Juan Capistrano, Orange County, California, Assessor's Parcel Number 121-160-47. 2. Licensor's Easement. Licensor owns an easement traversing a portion of Licensee's property, as more particularly shown on the site plan, marked as Exhibit A, and incorporated herein by reference. Licensor grants to Licensee the right to encroach upon Licensor's easement described in Exhibits A and B for the limited purpose of allowing certain portions of two historic buildings, that is porch improvements, and front yard landscaping as further depicted in Exhibit B. The existing encroachments include a corner of the Oyharzabal House at 31851 Los Rios Street, a portion of the Silvas Adobe porch at 31861 Los Rios Street, the Historical Society's sign, a mail box, orange trees, a wooded side yard fence adjacent to River Street and a hedge that runs parallel to Los Rios Street along the O'Neill Museum. This Agreement is subject to the following terms and conditions: (A) The subject easement area shall be maintained in a safe and sanitary condition to the satisfaction of the City Engineer at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Licensee shall agree at all times to indemnify and hold the Licensee free and harmless from any and all claims, demands, losses, damages, or expenses for personal injury or property damage resulting from any construction, maintenance, use, repair activity by Licensee arising out of Licensee's authorized use of the easement pursuant to the terms of this agreement. (C) The Licensee must remove or relocate any part of the easement within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to CilbmurnentVenr greernent REV. 21/2007 be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Licensee acknowledges that improvements in said portion of easement is for public and street purposes and as such all rights for ingress and egress, public service, public utilities, sewer, storm drain, water, all other agency purposes are reserved by the City. As needed, all facility owners have the right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve and relocate their facilities in the road easement which may require repair to, removal of, and/or relocation of the private improvements. All costs to repair, remove and/or relocate said private improvements occasioned by the above shall be borne by the Licensee. (E) Licensee shall maintain general liability insurance coverage in the amount of not less than $500,000 combined single limit at all times during the life of this License Agreement. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the Licensor/City: City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 If to the Licensee: President San Juan Capistrano Historical Society 31831 Los Rios Street San Juan Capistrano CA 92675 6. Waiver. Licensor's consent to or approval of any act or omission by Licensee shall not constitute a waiver of any other default by Licensee and shall not be deemed a waiver or render unnecessary Licensor's consent for approval to any subsequent act by Licensee. Any waiver by Licensor of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement 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. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Licensee agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 8. Termination. This Agreement shall continue in full force and effect, subject to the conditions set forth, unless terminated by the Licensor or Licensee upon sixty days written C;Dacumemslenc greemem REV. 2!12007 a s notice; or shall be immediately terminated if Owner fails to adhere to any conditions of this Agreement or if the Licensee fails to maintain improvements to the point that the Licensor believes this placement to be detrimental to the public health, safety and welfare. 9. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITN S W REOF, these rhes hereto have executed this A reement on this �a day of 20. g Licensee: SAN JUAN CAPISTRANO, HISTORICAL SOCIETY By: G Do ryon, 2nd Vice President Licensor: CITY OF S N JUAN CAPISTRANO By: am Allevato, Mayor APPROVED AS TO FORM: c:/D.w te/enc graemeM REV. W1/2007 State of California ) County of Orange ) s On ! fjy 1 before me,"�bN4 L, t•; c (Date) (Name, Titlefof Officer personally appeared personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me th he he/they executed the same in his er/their authorized capacity(ies), and that by his/ erltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Title or Type of Document Date of Document Signer(s) other than named above ���_� DANNY L. AYE COMM. # 1483461 s Q Notary Public California N 8 My ORANGECOUNTY Comm. Expires April 28. 2008 (This area for official notary seal) No. of Pages 4 CJDocumentVenc greement REV. 2/1n007 RAYMOND R. TOAL, RCE 16889 OLAV S. MEUM, IS 4384 MICHAEL A ROTI, IS 6211 N TOAL ENGINEERING, INC. CML ENGINEERS, LAND PLANNERS AND LAND SURVEYORS 139 AVENIDA NAVARRO - SAN CLEMENTE, CA 92672 (949) 492-8586 - FAX (949) 498-8625 EXHIBIT "A" LEGAL DESCRIPTION MAILING ADDRESS P.O. BOX 387 SAN CLEMENTE. CA 92674 In the City of San Juan Capistrano, County of Orange, State of California, being that portion Los Rios Street as shown on Exhibit `B' of Lot Line Adjustment No. 95-PM103/56-02, Recorded December 6, 1996 as Instrument No. 1996-619927, Official Records of said Orange County, more particularly described as follows: Beginning at the most Northeasterly corner of Parcel l of said Lot Line Adjustment; thence North 81°07'04" East 13.50 feet to a point in the Centerline of said Los Rios Street; thence along said Centerline South 8052'56" East 285.55 feet; thence South 2°20'38" East 11.17 feet; thence leaving said Centerline South 85°38'22" West 13.51 feet to the most Southeasterly corner of said Parcel 2; thence along the Easterly boundary of said Parcel 2 North 2°20'38" West 10.87 feet; thence North 8°52'56" West 284.78 feet to the POINT OF BEGINNING. ��0 �,FND SURL" v� OLAV S. MEUM 4' * EXPIRES * Olav S. Meum LS 4384 9-_34-U? NO. 4384 AS:as m�9r 10862case F OF CA��F� EXHIBIT A JOB SAN JUA ISTRANO HISTORICAL SOCIETY TOAL ,ENGINEERI INC. SHEET NO I _ OF 1 139 AVENIDA NAV SAN CLEMENTE, CALIFORNIA 92672 CALCULATED BY AS DATE I - I I -07 (949) 492-8586 CHECKED BY 0M DATE /-//-07 FAX 1Q401 40A—RR9S .-- .- -1 --- --- SCALE SCALE. I"=40' SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 'B' / SCALE: 1"=10' 1 SOS ham/ � Os FFp NAW BEARING DISTANCE SZIT ------------------------------- LI N 81107•04" E 13.50 L2 S 02120.38" E 11.17 ? L3 N 85.38'22" E 13.51 L4 S 02.20'38" E 10.87 11Y 10 EASEMENT AREA l� g2 s10 Q� ` o� e 56 05 y \0 c� 4r Q LAND $GS p� J a rc�icFF !s U� OLAV S. GFS. Qd` �\ •� J MEUM EXPIRES 9-30-07 * 3h NO. 4384 OF CALF 8b� �F Olov S. Meum LS 4384 EXHIBIT B 4on u r 5 11:57:06 2W7 a 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 March 20, 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/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano Description of Attached Document License Agreement — San Juan Capistrano Historical Society Date: March 20, 2007