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02-0702_CUMMING, FINLAY & BERNADETTE_License Agreement1� 0 E CITY OF SAN JUAN CAPISTRANO STORM DRAIN RELOCATION, LOT C AND LOT 200 MARBELLA TRACT 12954 - CITY CIP NO. 146 LICENSE AGREEMENT (CUMMING) (Lot 200 of Tract 12954, County of Orange, California) THIS LICENSE AGREEMENT is made this 2 day of2002, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referfed to as "City" and Finlay and Bernadette Cumming, hereinafter referred to as "Property Owner". WHEREAS, Property Owner owns land more particularly described as Lot 200 of Marbella Tract 12954, and, WHEREAS, Citywishes to abandon a section of City storm drain constructed on Lot 200 of Tract 12954 and to relocate this storm drain in an adjacent City storm drain easement across Lot C of Tract 12954; and WHEREAS, both City and Property Owner wish this work to take place; and WHEREAS, access to Lot 200 is necessary to access the existing storm drain to complete the design and to access the existing storm drain to perform the abandonment work. NOW, THEREFORE BE IT DETERMINED, Property Owner and City agree as follows: 1. Grant of License Property Owner hereby grants to City a license right to use a portion of Lot 200 of Tract 12954 for the purpose of survey work to complete the project design and construction work to abandon the existing storm drain. 2. Hold Harmless City agrees to save and defend Property Owner harmless from any and all claims, judgments, or other liabilities which may arise out of the Performance of City's Rights and Obligations under this agreement. 3. Term This License Agreement shall continue in full force and effect until the filing of a Notice of Completion for the City construction project "Storm Drain Relocation Lot C and Lot 200 Marbella Tract 12954," or the mutual agreement of the Parties to rescind the agreement. DATED this 2��cday of�U�� 2002 at San Juan Capistrano. ATTEST: gArgapretMM-onahan, City Clerk APPROVED AS TO FORM John R. Shaw, ity Kttomey CITY OF SAN JUAN CAPISTRANO: Property Owner By. _ Aq= ay Curthning By: ernadette Cumro g