04-0106_DENAULT , DON_License AgreementCITY OF SAN JUAN CAPISTRANO
LICENSE AGREEMENT
DEL OBISPO STREET DRIVE APPROACH REHABILITATION
BETWEEN ORTEGA HIGHWAY AND CAMINO CAPISTRANO
LICENSE AGREEMENT (DE VAULT)
THIS LICENSE AGREEMENT is made this day of�J
.-'�.'_i
2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to,
as "City" and Don DeNault, hereinafter referred to as "Property Owner."
WHEREAS, Property Owner owns land more particularly described as "DeNault's
Hardware," at 31862 Del Obispo Street, Parcel 1 of Parcel Map #72-18;
and,
WHEREAS, City wishes to reconstruct and make improvements to the north driveway
approach to this property; and,
WHEREAS, both City and Property Owner wish this work to take place; and,
WHEREAS, construction work will be necessary on both private property and within the
public right-of-way:
NOW, THEREFORE BE IT DETERMINED, Property Owner and City agree as follows:
Grant of License
Property Owner hereby grants to City a license right to use a portion of Parcel 1
of Parcel Map 72-18 for the purpose of work more particularly shown on plan
titled "Del Obispo Street Drive Approach Rehabilitation between Ortega Highway
and Camino Capistrano," on file in the Office of the City Engineer and
incorporated herein by reference.
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 Performance of
City's Rights and Obligations under this agreement.
3. Hours of Work
Hours of construction work shall be 10pm to Gam.
4. Progression of Work
Only one half of the driveway approach shall be under construction at any one
time. The remaining driveway and half driveway shall remain fully useable
outside of work hours.
Asphalt may be removed and replaced for the driveway in one night time work
shift providing it is useable again by 6am.
5. Term
This License Agreement shall continue in full force and effect until the filing of a
Notice of Completion for the City construction project "Del Obispo Street Drive
Approach Rehabilitation between Ortega Highway and Camino Capistrano," or
the mutual agreement of the Parties to rescind the agreement.
DATED this day of -`004 at San Juan Capistrano.
ATTEST: CITY OF..SAN-JUAI CAPISTRANO:
"AL/1"U C, ""ix
arg�ret R. Monahan, City Clerk
APPROVED AS TO FORM:
L�/�
John R. ShaA City Attorney
By; ,. 1,, le,
JOE FOTO , MAYOR
Property Owner:
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l3Y:
Don DeN�U
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