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10-0210_CAPISTRANO UNIFIED SCHOOL DISTRICT_License Use Agr0 LICENSE TO USE AGREEMENT This License to Use Agreement is made and entered into this/ d day of va 1809, by and between the Capistrano Unified School District (hereinafter referred to as "DISTRI ") and the City of San Juan Capistrano (hereinafter referred to as "CITY"). WHEREAS, the CITY is the owner of property located adjacent to the play field area at Serra High School; WHEREAS, the CITY wishes to place a bus shelter on its property which will include a roof that will overhang approximately two (2) feet onto the play field area at Serra High School; and WHEREAS, DISTRICT wishes to allow CITY to place the bus shelter with the roof that will overhang onto the play field area at Serra High School; NOW, THEREFORE, the parties agree as follows: Grant of License to CITY by DISTRICT. DISTRICT hereby grants a nonexclusive license to the CITY to use a portion of the play field area at Serra High School in order for CITY to build a bus shelter along Camino Capistrano. The usage will only consist of a roof overhang for the bus shelter that will encroach two (2) feet over the play field area at Serra High School. The DISTRICT grants this usage with the condition that usage may be terminated as necessary for future use or sale of the DISTRICT's property. A legal description and a sketch depicting the portion of the DISTRICT's property being accessed by CITY is attached hereto as Exhibit A and incorporated herein by reference. A detailed architectural site plan of the DISTRICT's property is attached as Exhibit B and a photograph of the site is attached as Exhibit C which are incorporated herein by reference. 2. License Fees. DISTRICT agrees that no license fees shall be payable by CITY for access over the play field at Serra High School. _Term of License to Use Agreement. The term of this License to Use Agreement shall be from j JYXq , 20 p through fE;IQYt/WQ, 2014. This License to Use Agreement supersedes any previous agreWment in effect. This License to Use Agreement may be extended upon mutual written agreement between the parties. Either party may terminate this License to Use Agreement by providing a thirty (30) day prior written notice specifying the effective date of termination. 4. No Liability. CITY shall be responsible for the construction, operation and maintenance of the bus shelter and shall assume all costs and expenses related thereto. DISTRICT shall assume no liability for any use of the DISTRICT's property accessed for the purposes required by CITY for its bus shelter. CITY shall assume all liability related to the roof overhang and the bus shelter, especially as it relates to any injuries resulting from the construction, operation or maintenance of the roof overhang and the bus shelter. Page I of 6 Serra High School Revised 01/25/10 0 0 5. Indemnity. CITY agrees to indemnify, defend and hold harmless the DISTRICT, its Governing Board, officers and employees from and against (i) any damage caused to the portion of the DISTRICT's property which is the subject of this License to Use Agreement or (ii) any claim, expense (including, but not limited to, attorneys' fees), demand, action, liability, or judgment, arising from or related to the negligent use of the DISTRICT's property by CITY, its employees, agents or invitees. 6. Certificates of Insurance. CITY agrees to provide current insurance certificates to the DISTRICT upon written request of the DISTRICT. CITY shall provide an endorsement on its policy(ies) of insurance naming the DISTRICT as an additional insured in order to protect the DISTRICT regarding the usage of Serra High School required by the CITY. Assignment. Neither this License to Use Agreement nor any interest herein, whether legal or equitable, shall be assigned, voluntarily or by operation of law, by CITY. Any such assignment shall be void and shall terminate this License to Use Agreement. 8. Amendments. This License to Use Agreement may only be amended by the mutual written consent of the parties hereto. No oral understanding or agreement shall be binding on either party. 9. Notice. All notices or demands to be given under this License to Use Agreement by either party to the other shall be in writing and given either by: (a) personal service or (b) US mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received, if personally served, or if mailed, on the third day after deposit in any US Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this License to Use Agreement, the addresses of the parties are as follows: Capistrano Unified School District 33122 Valle Road San Juan Capistrano, California 92675 Attn: Ron Lebs Deputy Superintendent Business and Support Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Joe Tait City Manager 10. Complete and Exclusive Agreement. This License to Use Agreement and any exhibits are the complete and exclusive statement of the mutual understanding of the parties. This License to Use Agreement supersedes and cancels all previous written and oral agreements and communications relating to the subject matter herein. This License to Use Agreement shall be governed by the laws of the State of California with venue in Orange County, California. Page 2 of 6 Serra High School Revised 01/25/10 0 IN WITNESS WHEREOF, the parties hereto have executed this License to Use Agreement on the day and year first above written. Capistrano Unified School District "DISTRICT" By: Ron Le Deputy Superintendent Business and Support Services Date: 2 /d City of San Juan Capistrano "CITY" By: l Joe (ait City ana r Date: a/2.1 /60 Page 3 of 6 Serra High School Revised 01/25/10 Exhibit A Legal Description for License to Use Agreement and Sketch Page 4 of 6 Serra High School Revised 01/25/10 TOAL ENGINEEORG, INC. 139 AVENIDA NAVARRO SAN CLEM949)ALII,C-8586 92672 FAX (949) 498-8625 JOB 13921 *OF SAN JUAN CAPISTRANO SHEET NO. 1 OF 2 CALCULATED av JJD DATE 09/25/2009 CHECKED BY DATE EXHIBIT 'A' - LEGAL DESCRIPTION FOR USE AGREEMENT Portion of Parcel 1 of PM 80-853 (P.M.B. 154IM-34) San Juan Capistrano, California In the City of San Juan Capistrano, County of Orange, State of California being a portion of Parcel 1 of Parcel Map 80-853, as shown on a Map recorded in Book 154, Pages 33 and 34, of Parcel Maps, in the Office of the County Recorder of said Orange County, more particularly described as follows: BEGINNING at a point on the Easterly Right -of -Way line of Camino Capistrano as described in an easement recorded in Book 10703, Page 116 of Official Records of said Orange County and as shown on said Parcel Map 80-853, said point being distant thereon South 23°31'22" East 15.17 feet from the Northerly terminus of that certain course being North 23°31'22" West 401.69 feet as shown on said Parcel Map 80-853; thence leaving said line North 66°28'38" East 6.52 feet; thence South 22°40'14" East 48.01 feet; thence South 66°28'38" West 5.81 feet to said Right -of -Way; thence North 23°31'22" West, more or less, to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof. y�0 IAND Sv�G Ute? OLAV S. FL MEUM °a p EXPIRES 9-30-11 ,p N0. 4384 �. This legal description was prepared NO. 84 by me or under my direction. or 0 OLAV S. MEUM LS4384 TOAL ENGINEEING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 949) 492-8586 F (949) 498-8625 joB 13921 & OF SAN JUAN CAPISTRANO T SHEET N0. 2 OF 2 CALCULATED BY JJD DATE 09/25/2009 CHECKED DATE EXHIBIT W — SKETCH TO ACCOMPANY LEGAL DESCRIPTION %I Portion of Parcel 1 of PM 80-853 (P.M.B. 154/33-34) Son Juan Capistrano, California — 1"=20' _ 51'35" EES LA Zp,N JA STR \ 500 Z \ m \\ N 80'51'35 E 320.38' f \ L=27.33' N. \\ G=104'2257" R=15.00' \ \ POB N \ z \ N g 110 Ag A �0 LAND Si'R OLAV S. MEUM z {c EXPIRES �} s NO3438 . 4 �� OF CAE�f� LEGEND P.O.B. POINT OF BEGINNING — — — USE AGREEMENT LIMITS 66'28'38" E 6.52' USE AGREEMENT AREA Parcel 1 PM 80-853 PMB 154/33-34 T N 66'28'38" E \&a�ncd right of way easemenor�10703/t 116 %highwaY PUrPosesP54133-34. as shown on PMB l�b�CTf'✓c OLAV S. MEUM LS 4384 EXHIBIT 1ARCHITECTURAL SITE PLAN • r 4310 1 r Q u 1 so: 1 fll/. 1 �I I ,I f- r 5: i iy gig;: gn: iWr ea}>b Mm -�- MY I:.7 mum w 580! 97NIP �a 9iiiL w 7A 7 FN NXBRINAM 1 x 1 } N 1 �m h f t Y r _ � M .. .i~ f-