1998-0217_SAN JUAN ENCLAVE LLC_License Agreement0
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Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
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RECORDING REQUESTED BY AND WHEN 19980125259 12: 20pm 03/05/98
005 29
RECORDED RETURN TO: A112 996000024.0050.00 0.00 0.00 0.00
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
refr: Pepperwood Estates/Tract 14379
LICENSE AGREEMENT
Assessor's Parcel No. 649-195-01
THIS LICENSE AGREEMENT is made this /_� day of February, 1998, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "Licensor" and SAN
JUAN ENCLAVE, LLC,/ hereinafter referred to as "Licensee".
/property owner
Licensor and Licensee mutually resolve as follows:
Grant of License.
Licensor hereby grants to Licensee a license right to use a portion of the public
right-of-way for the purpose of constructing and maintaining an entry gate, landscaping and related
appurtenances, at the northern terminus of the public portion of Alipaz Street, and, landscape and
related appurtenances, along the easterly side of Aiipaz Street from its northern terminus to Del
Obispo Street, located within the City of San Juan Capistrano, and more particularly described in
Exhibit "A", attached hereto. The location of the improvements are 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 public street.
Hold Harmless.
Licensee agrees to save and defend the Licensor, its elected appointed officials,
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.
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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 will terminate when
the entry gate and related appurtenances and landscaping and related appurtenances are properly
removed from the public portion of Alipaz Street to the satisfaction of the City Engineer.
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 construct and maintain private improvements which
consist of an entry gate and related appurtenances and landscaping and related appurtenances in the
public portion of Alipaz Street, for the benefit of Tract 14379.
Licensee acknowledges that Alipaz Street from Del Obispo Street to its
northern terminus at Tract 14379 is a public street which has existing Licensor, Capistrano Valley
Water District, public utility and other agency facilities. 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 Alipaz Street right-of-way 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.
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, at the expense of the
Licensee.
Licensee further acknowledges if, during the course of construction and/or
maintenance of the private improvements by the Licensee, any of the facility owners' equipment 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 the Licensee fails to maintain said private improvements in the public street right-of-
way to the point that the Licensor believes this placement to be detrimental to the public health, safety
and welfare.
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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. Term.
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.
DATED this/ 7 th day of February, 1998, at San Juan Capistrano.
ATTEST:
CHERYL JO S CITY CLERK
APPRO D AS TO FORM:
CIT ATTORNEY
CITY OF SAN JUAN CAPI�RANO
/. �v L ;ei
GIL -AN s> MAYOR
SAN JUAN ENCLAVE, LLC
BY:
TODD AM, PRESIDENT
a r
LICENSE AGREEMENT
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:
PORTION OF ALIPAZ STREET RIGHT-OF-WAY FROM DEL OBISPO STREET TO THE
NORTHERN TERMINUS OF ALIPAZ STREET AT TRACT 14379. THIS AREA IS ALSO
REFERENCED AS A PORTION OF ASSESSOR'S PARCEL MAP 649-195-01.
EXHIBIT "A"
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EXHIBIT "B" 3 of 3
CALIFORNIA ALL-PURPMACKNOWLEDGMENT 0
State of � �Z 4e % 1�e-�-
County of A. ,-f ��- -
� �
On�y/ZZ,-t� 7 before me,
Data Name and Title Officer (e.g. 'Jane
personally appeared _ L - �t ��% G�iC'� �r
,'personally known to me
1-i proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
—' - - - - - �.V,il within instrument and acknowledged to me that he/she/they
CELESTE IrtnErON l executed the same in his/her/their authorized capacity(ies),
COMM.• 1635974 and that by his/her/their signature(s) on the instrument the
-..Notary Pull — Calfallo
ORANGE COUNTY person(s), or the entity upon behalf of which the person(s)
PMhoVComm. Expires AUG 14.1999 acted, executed the instrument.
WITNESS my hand and official al.. ,
—Signature or Notary Public
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: C
Document Date: / / �%3 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Ci�c`�,filki
Ll Individual
❑ Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
- Guardian 4r Conservator
Z'Other: %
Signer Is Representing:
�LGk( CaY
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
0 1996 National Notary Association • 8236 Remmet Ave., PO. Box 7184 • Canoga Park, CA 91309-7184 1 No. 5907 Reorder: Call Toll -Free 1-600-876-682]
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 17. 1998 before me, Cheryl Johnson
City Clerk, personally appeared - - - Gil Jones - - -
(SEAL)
Capacity Claimed by Signer
Municipal Corporate Officer
Mayor
Title
Signer is Representing
City of San Juan Capistrano
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.
WITNESS my hand and official seal.
City Clerk ✓
OPTIONAL
Description of Attached Document
License Agreement - Pepperwood, Tr 14379
Title or Type of Document
Seven
Number of Pages
February 17 1998
Date of Document
_San Juan Enclave LLC
Signer(s) Other Than Named Above
0
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APPROVAL OF LICENSE AGREEMENT WITH CAPIST ANO V i LEY
As set forth in the Report dated February 17,1998, from the Community Services Director,
the License Agreement with the Capistrano Valley Bobby Sox for use of the concession stand
at the Cook Park Cordova athletic fields for the period of March 1, 1998 to February 28,
1999 was approved.
As set forth in the Report dated February 17, 1998 from the Community Servt Director,
the License Agreement with the San Juan Capistrano Little League for use of the con Sion
stand at the San Juan Capistrano Sports P3 -i- for the period of March 1, 1998 to July
1998, was approved.
T APPROVAL OF LICENSE AGREEMENT FOR ENTRY GATE AND
LANDSCAPE AND IRRIGATION EQUIPMENT. TRACT 14379 (SAN JUAN
/ ENCLAVE- LLC/PEPPERWOOD ESTATES) (600.30)
41
As set forth in the Report dated February 17, 1998 from the Director of Engineering and
Building, the License Agreement with San Juan Enclave, LLC for use of public right-of-way
along the easterly side and at the northern terminus of Alipaz Street for construction and
maintenance of an entry gate, landscaping and related appurtenances was approved. The
Mayor was authorized to sign the Agreement and the City Clerk was authorized to forward
the Agreement to the Orange County Recorder for recordation.
APPROVAL OF AMENDMENT TO AGREEMENT TO PROVIDE DESIGN
As set forth in the Repo ted February 3, 1998 and resubmitted February 17, 1998 from
the Public Works Director, theanager was authorized to execute Amendment No. 1
to the Agreement for Engineering Sery with Daniel Boyle Engineering, Inc. to provide
planning, design and construction engineering se s for the recommended Phase 2 intertie
with Moulton Niguel Water District for the Bear Bran ster Station Modifications in the
additional amount of $46,622. The Report advised that while t st to design and build the
proposed intertie was higher, the intertie provided the greatest beiheat to the District by
providing a higher fire flow rate, providing w ate service to the Peppertre end area at a
lower cost, avoiding major construction on Sacarama Lane, and eliminating t need for
construction of additional reservoir storage and construction of a secondary power sour"
the Booster Station.
City Council Minutes -3- 2/17/98
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AGENDA ITEM February 17, 1998
TO: George S. Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of License Agreement for Entry Gate and
Landscape and Irrigation Equipment, Tract 14379
(San Juan Enclave, LLC/Pepperwood Estates)
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement between San Juan
Enclave, LLC, and the City, and authorize the City Clerk to forward the Agreement to the Orange
County Recorder for Recordation.
SITUATION
A. Ap„plicant/Property Owner
San Juan Enclave, LLC
27285 Camino Las Ramblas, Suite 230
Mission Viejo, California 92691
B. Summary and Recommendation The License Agreement is to implement the conceptual
design approved by the City Council at their meeting of November 18, 1997. Improvements
include a gate and landscaping at the northern terminus of Alipaz Street in the public right-of-
way; and landscape improvements along the easterly side of Alipaz Street, from its northern
terminus to Del Obispo Street. Staff recommends the City Council authorize the Mayor and
City Clerk to execute the License Agreement.
C. Background
On June 2, 1992, the City Council adopted Resolution 92-6-2-4, conditionally approving
Vesting Tentative Tract Map 14379, a 24 lot subdivision of a 35.5 acre parcel located at the
northern terminus of Alipaz Street.
At their meeting of November 18, 1997, the City Council adopted Resolution No. 97-11-18-
2, approving an amendment to Vesting Tentative Tract Map 14379 to subdivide the parcel
into 31 lots. A landscape plan for the proposed entry gate design and improvements along
Alipaz Street was presented to the City Council by staff along with recommendations that
were also adopted as a part of the Resolution.
FC2 CIMI AC.Z. 44�-� 13 �
AGENDAITEM
FEBRUARY 17, 1998
PAGE 2
Condition No. 19 of Resolution No. 97-11-18-2 states that prior to the approval of this
License Agreement for the improvements within the public right-of-way, the applicant shall
submit improvement plans for, and bond for the construction of, a continuous stretch of
sidewalk along the east side of Alipaz Street from Del Obispo Street to the Tract boundary,
subject to approval by the Planning Director and the City Engineer.
The required plans have been submitted, approved and a bond received for the sidewalk
construction. Per City Council direction, the section of sidewalk along the frontage of Good
Neighbor's Park is to be held in abeyance until staff determines whether there are safety or
other issues indicating the need for the sidewalk at this location.
Staff has reviewed the proposed entry design and landscape plans and concurs with the
placement of the private improvements and landscaping within the public right-of-way of
Alipaz Street. Licensee shall also be required to obtain all necessary construction and
encroachment permits prior to installation of improvements.
The License Agreement retains the City's and all public utilities' rights to access and maintain
their infrastructure and facilities located beneath said private improvements. The burden of
any repairs to the private improvements and maintenance of landscape is placed on the future
homeowners association of Tract 14379 as Successor in Interest to the License Agreement.
The License Agreement also includes a comprehensive indemnification section that holds the
City harmless during construction by San Juan Enclave, LLC, and on-going maintenance of
the landscape and private improvements in the public street by the Tract 14379 homeowners
association.
COMMISSIONBOARD REVIEW. RECOMMENDATIONS
Conceptual entry design and landscape improvement plans for the public right-of-way were reviewed
by the Planning Commission at its meeting of October 18, 1997, and approved by the City Council
at their meeting of November 18, 1997.
FINANCIAL CONSIDERATIONS
None - all costs for preparation of the License Agreement and recording fees will be borne by the
Applicant.
NOTIFICATION
San Juan Enclave, LLC
0
AGENDAITEM
FEBRUARY 17, 1998
PAGE3
ALTERNATE ACTIONS
LA
By motion, authorize the Mayor and City Clerk to execute said Agreement and
authorize the City Clerk to forward the Agreement to the Orange County Recorder
for Recordation.
Do not authorize the Mayor and City Clerk to execute said Agreement.
Refer to Staff for additional information.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement between San Juan
Enclave, LLC, and the City, and authorize the City Clerk to forward the Agreement to the Orange
County Recorder for recordation.
Respectfully submitted / D
William M. Huber
WMH/CDC:cdc
Attachments: Location Map
Work Area Maps
Prepared By:
Cathleen A. DuCoing,
Project Manager
(larger scale copies available in Council Office for review)
License Agreement
Attachment "A"
Attachment "B"
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MEMORANDUM
TO: Memo to File
FROM: Maria Guevara, Secretary
DATE: February 1. 2002
SUBJECT: San Juan Enclave LLC
Agreement now under Old San Juan Road HOA
600.30 Licence Agreement 1998
OLD SAN JUAN ROAD HOA
Alipaz Northern Terminus
LI