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1989-0428_HARPER , J. / K._License Agreement EXEMPT 89-235444 C8 RECORDING REQUESTED BY, AND Recording fees exempt due to WHEN RECORDED, RETURN TO Government Code Sec. 6103 Documentary Transfer Tax - City Clerk's Department No Consideration City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Mary Arif�i Hatiover, City C erk City of San Juan Capistrano LICENSE AGREEMENT (30081 Hillside Terrace San Juan Capistrano, California) Assessor's Parcel #650-282-009 THIS LICENSE AGREEMENT is made this =n day of A04? 1989, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and JERRY HARPER and KRISTI HARPER, hereinafter referred to as "Owner". RECITALS Whereas, Owner desires to construct an equestrian barn and accessory structure for the purpose of providing shelter for his personally owned horses on his property at the location of 30081 Hillside Terrace, San Juan Capistrano, as shown on the approved site plan and incorporated herein by reference; and Whereas, Owner has previously relinquished development rights for that land area described on the approved site plan; and Whereas, City is amenable to allowing the construction of the barn and accessory structure as proposed on the approved site plan, NOW, THEREFORE, BE IT RESOLVED between City and Owner as follows: 1. Description and Use of Equestrian Barn and Accessory Structure. City agrees to the construction of an equestrian facility in accordance with the site plan heretofore approved by the City Planning Commission and the City Council. Use of the barn shall be limited to the housing and care of horses to be personally owned by Owner. Use of any accessory structure shall be customarily incidental to that of the main residential structure and shall be located on the same building site with the main residential structure. Owner shall not use the equestrian facility to board horses owned by third parties for profit or to otherwise use the facility for any commercial purpose. The facility shall not be constructed or used in any way for human habitation. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA 4:00 PM MAY 31*9 1 - License Agreement ,;,,0 Q. .Z ReC0*r 89�-235444 2. Future Changes to the Structure. Any future changes to the structure must first be proposed and reviewed by the City of San Juan Capistrano prior to any construction activity. 3. Conditions of Approval. The equestrian barn and accessory structure shall move five (51) feet towards the rear property line to preserve the natural ridgeline in the OS (Open Space) district. The equestrian barn and accessory structure shall utilize abrown composite or similar roofing material. The applicant shall install landscaping along the east side of the equestrian barn and accessory structure which shall be depicted on a landscape plan approved by the Director of Community Planning and Development. The equestrian barn and accessory structure shall be in conformance with all the Operational Standards set forth in Section 9-3.620(7) of the Municipal Code prior to the issuance of certificate of use and occupancy. 4. Hold Harmless Provision. In consideration for City's authorization for placement of the facility within the City's easement, Owner, his agents, assigns, and successors in interest, hereby holds the City harmless from any claim or liability arising out of Owner's performance of his obligations under this Agreement. 5. Term. This Agreement shall continue indefinitely unless terminated by either party in the event of breach of a material term of the Agreement. 6. Right to Enforce Agreement/Attorney's Fees. Upon the breach of any term of this Agreement, either party shall have the right to specifically enforce the terms hereof. In the event that City is required to institute legal action to enforce the covenants of this Agreement, City will be entitled to attorney's fees if City prevails in the action. 7. Successors in Interest. This Agreement shall run with the land and be binding on Owner's assigns and successors in interest. g. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement, which have not been fully expressed herein. 2 - License Agreement 89-235444 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. (2,—t la--T J rry Har e - Owner /`J� - �d�: L Kristi Harper - Own STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this'—day ofAZa;Z , 1989, before me the undersigned Notary Public, personally appeared and &al5 ri ///)2 P-f2 personally known to me or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and seal. =6N0)TA7f L,2(UA AL ' Signature of Notary Publi FORNIA15, 1991 (SEAL) CITY OF SAN JUAN TR ANO, City By tep n B. Ju la City Manager STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this /1 day of 1989, before me, /-/L eeW i e , the undersigned Notary Public, personally appeared known to me to be the person who executed the within instrument as the 4 11,IAA-4 a'e/? , of the CITY OF SAN JUAN CAPISTRANO, a public 3 - License Agreement 89=235444 body, corporate and politic, of the State of California, and acknowledged to me that the CITY OF SAN JUAN CAPISTRANO executed the same. WITNESS my hand and seal. - - OFFICIAL SEAL - - p D =; i HGTE' Signature of Notary Publ' fJ OTA', :', - CALIFORNIA (SEAL) APPROV D AS TO FORM: John I STiaw, City Attorney 4 - License Agreement -7-777— — ..................._..._..._.._............._........................................... ............................._............._................................................................................... . __........ 89-235444 --- . __.._........_ _................... .......................... ............. ._.............._._........._......__..........._......_......_...._..._......................_..._.... r._. ....._..............................................................................._.. .......... ...-:......... _..._............_...................-----------..._..........._.._.._------------...._. .... .......... .....::::: ::::::-.::---: .. . ._..._ :.. .....:...:..._...::::::::::-.... _._... U ��...:' ::: : ........................................:::: :::::::':' ...................................................._....._. .. •� .` ...... ....... ......... .. .... ... ......... om ... - a � an - -- �'�c � �a • SPR 88-6 �::::: ::: :__._. Harper ::::::::=:::-::- AWon •......__.._....._- ....... .... ...... .........�...... ........................... ......... ......... ........... F .. .._ .. ..... 89=235444 � � S �n►t� nc C�r , . Q11 1 , PROPOSED ROOF s 0 JwM N MEMBERS OF THE CITY COUNCIL © ANTHONY L. BLAND I (11 LAWRENCE P. BUCHHFIM U- ` IIAl IA14NI11 KENNETH E. FRIESS 6gILISIN 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE ��• CITY MANAGER STEPHEN B JULIAN May 22, 1989 Mr. Jerry Harper 30081 Hillside Terrace San Juan Capistrano, California 92675 Re: License Agreement Dear Mr. Harper: Enclosed for your records is a fully-executed copy of the License Agreement for construction of an equestrian barn and accessory structure at 30081 Hillside Terrace. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann Kanover, CMC City Clerk MAH/cj Enclosure cc: City Attorney 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 499-1171