10-0210_CAPISTRANO UNIFIED SCHOOL DISTRICT_License to Use Agreement0
LICENSE TO USE AGREEMENT
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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.
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Ambuehl Elementary School
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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.
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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
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Ambuehl Elementary School
Revised 01/25/10
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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.
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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" !
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HAROLD AMBUEHL ELEMENTARY SCHOOL /
CAPISTRANO UNIFIED SCHOOL DISTRICT
11523/224 O.R.
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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
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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
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USE AGREEMENT AREA
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EXHIBIT B
Site Photograph
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