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1998-0217_SAN JUAN ENCLAVE LLC_License Agreement0 a Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 30,00 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. 0 0 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. 0 a 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" [eum l6W •IYi v9[eae lnJ ® li I([vl, l]Ytll vl'Omlllev]YVN t69i6 en9wru Y]'..Il O fir]1 i � � I�! 3dtl'JS133HI$ 9v9a]in9 seau ��r OtlOH NItlOf NtlS ql0 11 o maiusU OM oaf � Ildll�� Cllil{il+. i " w _ s= Y ° " �- �" � u" . �... • I III• Q h /I .ti .:: \�•r....�1 ••� .. III I III I i� ix I 13 F III 1 II `I Ike I 1 I = $ k y� lad i I i a �'S Ij I �I 1.6...... Iv„�..i....il... EXHBIT "B” 1 of 3 iMar e nom', m`o t EXHIBIT "B" 2 of 3 u U J N F> i aT zFUC mQa JOout; N <—QZ x NWjt C (ON �ODOz NFC a�Ou N t> F< N �0�? F< C zFCFC V UNiN FU u0> N aiN N Z NFQ C N < 04 N ; CA J OUZ < J N J t EXHIBIT "B" 2 of 3 [GVOW ZYdI1v03Stld 1NWzs3Wd013A3O =-1 NYnr NYS 010 3901N9000M i fail ! v 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 0 a 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 0 0 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" o IID •i rw < ,A S.SNDr�j4 lS 4M+ � " J a q v N 6 R ST W 6 U TVJ J 26782 6 N 4 9 _ Z 9� SAN n 1VVVM1 a D � SPFING Slbu SN JUAN ti r: A MISSION IaS 26522 N vTr� PROJECT EP + VE A N LOCATION + S CALL[ 4E '�h yT .N tach - b31s1bs n yQ OJ - 00 116 _ i ! • �Ihh n � S ■ nast3� DEQ 12+7 r�hphh > i ST $ �O O W � °Dy dbd OWSPO ' S .�y �J o 2 D �WE�DPIM4 VIA to V) D ¢ Z ""'D4 .W. P4h[ V 44• W Q O J M+OMP V14 VIES yJ S yip V � Qp VIA ,,,W IA yWISW 0 U� WSEp ,x 8 4,D4 u LOCATION MAP PEPPERWOOD DEVELOPMENT IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY � rexruw!rul•s—s.eure oui { ;, 31 __ —+,� i ... xe.n noxrmun xmr xn oa Sins xx:MOWN 9n SH[x _\ ` i 3dtl0S133H15 Ztld11V 03Stld 1N3WdOl3A30 ��> �(?'�li•.,lii ;' ) ? a' OVON Nvnr NVS 010 390189000M 11IIIH 1 1 1 1 WORK AREA MAP SHEET 1 OF 3 1-z ... ;, 3dUSIBUIS I'll "I (I'll W3 s10 "I 311115! Z< ZVdI1V 03SVd INMIDUA3 z - 0- 2 UVOU Nvnr NVS 010 39alUGOIDOM : � il WORK AREA MAP SHEET 2 OF 3 WORK AREA MAP SHEET 3 OF 3 0 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