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10-0210_CAPISTRANO UNIFIED SCHOOL DISTRICT_License to Use Agreement0 LICENSE TO USE AGREEMENT � / ,v This License to Use Agreement is made and entered into this %O A-eday of cn x 09 by and between the Capistrano Unified School District (hereinafter referred to as "DISTRICT") and the City of San Juan Capistrano (hereinafter referred to as "CITY"). WHEREAS, the DISTRICT is the owner of property located at 28001 San Juan Creek Road, San Juan Capistrano California, known as Ambuehl Elementary School; WHEREAS, the CITY wishes to have access to the back of Ambuehl Elementary School for a public horse trail; WHEREAS, the CITY has been using the back of Ambuehl Elementary School as a public horse trail for years; and WHEREAS, the DISTRICT wishes to provide such access to CITY for purposes of a public horse trail. 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 the back portion of the property known as Ambuehl Elementary School located at 28001 San Juan Creek Road, San Juan Capistrano, California. The CITY's usage shall be on the outside of the Ambuehl Elementary School perimeter fence near the San Juan Creek channel and usage shall be for purposes of a public horse trail. The DISTRICT grants this usage with the condition that usage may be terminated as necessary for future use or sale of the property. A legal description and a sketch depicting the portion of the property being accessed by CITY is attached as Exhibit A and a photo of the property is attached as Exhibit B respectfully which are incorporated herein by reference. 2. License Fees. DISTRICT agrees that no license fees shall be payable by CITY for access over Ambuehl Elementary School. Term of License to Use A reement. The term of this License to Use Agreement shall be from ` , 20 .,thTough { , 2014. This License to Use Agreement supersedes any previous agreeMent 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 operation and maintenance of the public horse trail and shall assume all costs and expenses related thereto. DISTRICT shall assume no liability for any use of the property accessed for the purposes required by CITY for its public horse trail. CITY shall assume all liability related to the public horse trail, especially as it relates to any injuries resulting from the operation and maintenance of the public horse trail and any injuries resulting from the use of the public horse trail. Page 1 of 5 Ambuehl Elementary 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 property known as Ambuehl Elementary School 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 use of the subject 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 Ambuehl Elementary School required by the CITY. 7. Assienment. 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 5 Ambuehl Elementary School Revised 01125/10 0 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: Print: Ron Lebs Deputy Superintendent Business and Support Services Date: 1% �O City of San Juan Capistrano "CITY" By: Print: Joe City Manager Date: .24* //o Page 3 of 5 Ambuehl Elementary School Revised 01/25/10 r] EXHIBIT A Legal Description for License to Use Agreement and Sketch Page 4 of 5 Ambuehl Elementary School Revised 01/25/10 TOAL ENGINEERIG, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 2-8586 FAX9)498 9 (949 58625 JoB1391_ 2 CI&F SAN JUAN CAPISTRANO SHEET N0. 1 Or 2 CALCULATED BY JJD DATE 04-13-09 CHECKED BY DATE EXHIBIT 'A' — LEGAL DESCRIPTION USE AGREEMENT FOR TRAIL PURPOSES In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Section 6, Township 8 South, Range 7 West, of the San Bernardino Base & Meridian, according to the Official Plat thereof more particularly described as follows: BEGINNING at the most Northerly corner of Tract 5974, as shown on a Map recorded in Book 222, Pages 1 through 3, inclusive, of Miscellaneous Maps, Records of said Orange County, said point also being on the centerline of San Juan Creek Road as shown on said Tract, said point also being the most Easterly corner of the property described in a Grant Deed to Capistrano Unified School District, recorded September 29, 1975 in Book 11523, Pages 224 through 228 of Official Records of said Orange County; thence Southerly along said centerline South 581 59'04" West 33.59 feet; thence leaving said centerline North 55° 39'26" West 556.28 feet; thence North 70° 04'5 1 " West 85.21 feet to the beginning of a non -tangent curve, concave Southerly and having a radius of 781.11 feet, a radial line through said point bears North 28° 08' 12" West; thence Westerly along said curve through a central angle of 201 15'43 ", an arc distance of 276.23 feet; thence tangent to said curve South 41 ° 36' 05" West 423.82 feet; thence South 53° O1' 01" East 11.95 feet; thence South 411 04' 47" West 288.95 feet to Westerly line of the property described in said deed; thence along said Westerly line North 10 ° 53'41 " West 30.94 feet; thence leaving said Westerly line North 41136'05" East 692.96 feet to the beginning of a tangent curve, concave Southerly and having a radius of 791.11 feet; thence Easterly along said curve through a central angle of 201 15' 43", an arc distance of 279.77 feet; thence non -tangent to said curve North 621 04'28" East 61.70 feet to the Northeasterly line of the property described in said deed; thence along said Northeasterly line South 55° 00'08" East 633.01, more or less, to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof. This legal description was prepared by me or under my direction. /gE,0 LAND OLAV S. MEUM 0 {` EXPIRES �} 9-30-09 s NO. 4384 \rP OF C 0 1 gy'l GCI OLAV S. MEUM LS4384 TOAL ENGINEERA, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 86 FAX9)498 9(949 58625 SCALE: 1"=160' JOB 13912 Cff" SAN JUAN CAPISTRANO SHEET N0. 2 OF 2 CALCULATED BY JJD DATE 04-13-09 CHECKED BY --7- DATE EXHIBIT'A' — Sketch to Accompany Legal Description USE AGREEMENT FOR TRAIL PURPOSES San Juan Capistrano, California 278.7g' v , N 55.00'08" w \ 857.79' V' L2 \\ 633,07 N ��^,�8.?3RO, N 55'39'26" W 556.28' 7 N •.08 •�32" ! V G ! �kr r�aJ / HAROLD AMBUEHL ELEMENTARY SCHOOL / CAPISTRANO UNIFIED SCHOOL DISTRICT 11523/224 O.R. LAND SLR\ OLA V S. F� MEUM A {� EXPIRES ,y s NO. 4384 r \9rf Op CAl1FO�2/ O jY 4 tr Cd ?9S 2 4. SO• �P k. gP�! NUMBER DIRECTION STANCE L1 N —DS 58'59'04" E 33.59' L2 N 7914'21" W 85.27' L3 N 53'01'01' W 11.95' L4 yam! LAND SLR\ OLA V S. F� MEUM A {� EXPIRES ,y s NO. 4384 r \9rf Op CAl1FO�2/ O jY 4 tr Cd ?9S 2 4. SO• �P k. gP�! NUMBER DIRECTION STANCE L1 N —DS 58'59'04" E 33.59' L2 N 7914'21" W 85.27' L3 N 53'01'01' W 11.95' L4 N 10.53'41" W 30.94' L5 N 62'04'28" E 61.70' NUMBER RADIUS DELTA ANGLE ARC LENGTH C1 781.11 20'15'43" 1276.,3 ry� / C2 1791.11 20'15'43" 1279,77 / P.O.B. POINT OF BEGINNING / 11 USE AGREEMENT AREA SgNT0gy7�0\ \ 00 010v S. Mourn LS 4384 EXHIBIT B Site Photograph Page 5 of 5 0 Ambuehl Elementary School Revised 01/25/10 �r 447 }AURNBdC TARN ` I ✓ y � } , yah ;� ,^