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.
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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 —
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— — — USE AGREEMENT LIMITS
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