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1996-0716_SAN JUAN PARTNERS_License AgreementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San .Tuan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Tuan Capistrano, CA 92675 (Mission Promenade/Cedar Creek Inn) Recoraeo in the county of orange, caiiforn.ia oary1, Granville, Clerk/FRecorder i � i iJill 22 , 00 19960918472 x0 10/10/96 005 8008931 08 16 Al2 6 7.00 15.00 0.00 0.00 0.00 0.00 LICENSE AGREEMEN':E Assessor's Parcel No. 124-160-23 TFHS LICENSE AGREEMENT is made this 16th day of July, 1996, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and SAN JUAN PARTNERS, hereinafter referred to as "Licensee". City and Licensee mutually resolve as follows: Grant of License. City hereby grants to Licensee a license right to use a portion of City right- of-way for the constriction and maintenance of a fireplace. Said fireplace shall be constructed in conjunction with improvements for a restaurant located on a portion of Licensee's property. The improvement will be placed in the right-of-way under the direction of the City's Director of Engineering and Building. Said easements for right-of-way and location of work are set forth in Exhibits "A" and "B" attached hereto. 2. Hold Harmless, Licensee shall release and shall agree to indemnify and save and defend the City 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, howsoever same may be caused and whatsoever the same may appear, either resulting directly or indirectly made or suffered by Licensee, their agents, employees and subcontractors while engaged in the performance of the construction and maintenance of the fireplace in the City's right-of-way. ResponsibilL of Licensee to Maintain Repair, Remove and/or Relocate PrivateImprovements, Licensee has requested and the City by execution of this Agreement allows the Licensee, at its sole expense, to construct and maintain a private improvement (fireplace) in a portion. of City right-of-way, Licensee agrees that if the City determines that future improvements are necessary to be made to Ortega Highway and/or El Camino Real which conflict with the location of the fireplace in the City's right-of-way, the private improvernent shall be removed at the sole cost of the Licensee. In addition, if said fireplace is determined to be in conflict with any utilities, existing or proposed, any costs to repair or replace the fireplace due to utility work shall be at the sole cost of the Licensee. 4. Successors in Interest. The License .Agreement shall inure to and be binding on the heirs, successors executors, administrators, and assignees of the Licensee. Term, This License Agreement shall continue in full force and effect, unless terminated by the Licensee or City. Licensor reserves the right to terminate this License Agreement by giving Licensee thirty (30) days' advance written notice of termination. This Agreement may be terminated without cause. Licensee shall have the same right to termination. A EST: i , B Y CHERYL7O � SC -W, CITY CLERK **STEVE K APPEARED BEFORE � M I ELANEE KNiSELY** APPROVED AS TO FORM: 9 X96 IiO__. CITY ATTORNEY 71 LICENSE AGREEMENT T'HE CITY RIGHT-OF-WAY 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: - EASEMENT TO THE CITY OF SAN JUAN CAPISTRANO FOR STREETRIGHT-OF-WAY, RECORDED IN BOOK 9361, PAGE 32, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, ON JULY 3 0, 1970; and, EASEMENT TO THE CITY OF SAN JUAN CAPISTRANO FOR SIDEWALK PURPOSES RECORDED AS DOCUMENT 94-0604814, OF OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. 1w4vollm-NIVEN ORTEGA HIGHWAY EXISTING SIDEWALK -- - ------------- --- DASHED LINE INDICATES ES �. CITY RIGHT-OF-WAY —�►�. City right-of-way consists of: easement for sidewalk per Doc. #94-0604814 and easement for street right-of-way per 9361/32 0. R. — EXISTING PLANTER I AREA PROPOSED FIREPLACE n' z 9 ui NORTH NTS CEDAR. CREEK I�� © MISSION PROMENADE LOCAT IO ®F FIREPLACE PN CITE' RIGHT -OF- NAY Exhibit "B" State of CALIFORNIA County of No. 5907 AUGUST 9, 1996 On A GdIS 9i 1pP6 before me, ******MELAW KIVISELY***** *** DATE NAME, T171 -E OF OFFICER - F,G., "JANE DOE, NOTARY PUBLIC - personally appeared ******STEVE IYMECK************** NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons whose named is are subscribed to the within in trument and ac- knowledged to me that e they executed Ia IgZ-y the same in is /their au horized P o @ ... cap acit I and that b is their OPANGE coCT si nature on the instrument the erson Comm,MV �a� �T G. i � p k) 5 or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hend end official seal. SIGNATURE Though the data below is not required by law, it may prove valuable to persons relying On the document and could prevent fraudulent reattachment of this form. ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION o 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 4081.4 & Civil Code 1181) On . August 12. 1996 , before me Cheryl Johnson _ City Clerk, personally appeared - - - watt Hart - - - .. (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. OPTIONAL Description of Attached Document License Agreement - AP #124-160-23 San Juan Partners Title or Type of Document Four Number of Pages July 16, 1996 Date of Document San Juan Partners Signer(s) Other Than Named Above October 9, 1996 Mr. and Mrs. Richard Ayres Cedar Creek Inn Corporation 26560 Ortega Highway San Juan Capistrano, California 92675 Re: License Agreement for f=ireplace Construction Dear Mr. and Mrs. Ayres: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GIL JONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of July 16, 1996, the City Council of the City of San Juan Capistrano approved a License Agreement with San Juan Partners for construction of a fireplace partially located in the City right-of-way at the intersection of Ortega Highway and EI Camino Real. The License Agreement has been forwarded to the Orange County Recorder for recordation. A fully -executed copy is enclosed for your files. Please do not hesitate to contact us if we can be of further assistance. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Engineering and Building Director Cathleen DuCoing 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 453-1171 (12) Lisa Guerrero, 31515 Sundance, stated her concern for the safety of her mother as she performed her crossing guard duties and urged retention of the stop sign controls at both intersections. Council C- rents: Council Member Campbell expressed appreciation to staff for the information they provided. She indicated she would support retaining the stop sign controls at both intersections and suggested increased enforcement. Council Member Swerdlin concurred that safety of the children was the utmost importance. He clarified that staff used State guidelines in formulating their recommendations, however, City guidelines were being developed that would set forth policies for situations unique to San Juan Capistrano. Mayor Hart noted that safety was the overriding issue, but cautioned that stop signs and crosswalks tended to lull children into a false sense of security and would not eliminate the possibility of an accident. Permanent Retention f All -Way- Avenida LA Mancha,: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried with Council Member Nash absent, that the "All -Way" stop signs at the intersection of Avenida La Mancha and San Juan Creek Road be retained permanently. Perm flj RqgnLign of All-Wgyto n: It was moved by Council Member Jones, seconded by Council Member Swerdlin and unanimously carried with Council Member Nash absent, that the "All -Way" stop signs at the intersection of Calle Cartagena and San Juan Creek Road be retained permanently. COUNCILMANIC ITEM LICEN5E Ag=MENT FOR PLACEMENT OF FRE IN IMC 1, PLACE P LI RI - K INN E TE HIGHWAY) (600.30) Finding for Consideration of Off-Aaenda Item.- It tem:It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried with Council Member Nash absent, to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Written Communications: Report dated July 12, 1996, from the Engineering and Building Director, advising that the Planning Commission had approved the addition of a fireplace which will be partially located in City right-of-way at Ortega Highway and El Camino Real, provided a License Agreement was approved. Staff had requested inclusion of this item on the Agenda to facilitate the project and avoid costly delays. City Council nil Minutes • 12- 7/16i96 Auroval of Li,gme Agreement: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried with. Council Member Nash absent, to approve a License Agreement with Mission Promenade for the fireplace located within a portion of City right-of-way and to authorize the City Manager to prepare said License Agreement. The Mayor was authorized to execute the License Agreement on behalf of the City. Council Member Campbell noted that portions of the Corridor will open on July 24th and that a bike race and 10-K run were scheduled for July 20. a. SmILh&ast Regional Reclamation Authodty (SE—R-R& (1040 601 and San Lian :.rily (1050,60 Council Member Jones noted that the new General Manager will begin his duties on Monday, July 22, 1996. i .�• • • �. •i :1 Council Member Swerdlin advised that the next meeting would be held on July 25 and he would report at the August 5th meeting. $ Council Member Swerdlin advised that the next meeting would be held on July 24 and he would report at August 6th meeting. Council Member Swerdlin noted that Senate Bill 1574 had been approved to resolve the incompatibility of office issue and to allow city council members to sit on the appointed board of trustees of vector control districts. He advised he would like to re join the Board once the City Attorney has had the opportunity to analyze the Legislation. 2. Council Condolences (610.25, Mayor Hart noted the Council's intent to send a letter of condolence to the family of CHP Officer Don Burt and to the California Highway Patrol. City Council Minutes -I3- 7/16/96 MEMORANDUM July 12, 1996 TO: George Scarborough, City Manager FROM: Bill Huber, Director of Engineering and Buil 4i� SUBJECT: License A regiment for placement of a fireplace in theublic right-of-way (Ceder Creek Inn Ortega Hihw Richard Ayres, owner of Ceder Creep Inn in the Mission Promenade, has submitted plans to the City for the construction of improvements relating to the restaurant. These plans include the construction of a fireplace partially located in the City right-of=-way. The subject area is located in the planter area behind the sidewalk adjacent to the intersection of Ortega Highway and El Camino Real. The area if encroachment does not require modification to the existing pedestrian sidewalk (see attachment). On June 25, 1996, the Planning Commission reviewed and approved addition of the fireplace with the stipulation that a License Agreement be entered into between Mission Promenade and the City. After a cursory review of the proposed fireplace encroachment into the City right-of-way, Engineering staff concurs that with the execution of a License Agreement this construction could be permitted. The soonest staff can develop a license agreement and submit formally to City Council is at their August 20 meeting. Unfortunately, this would delay this project. In an effort to facilitate this project and avoid costly delays, it is suggested an item be added to the July 16 meeting by 4/5 vote to consider this issue. The following Council recommendation is suggested,- It uggested: It is recommended the City Council approve entering into a license agreement with Mission Promenade for the fireplace located within a portion of City right-of-way and authorize the City Manager to prepare said license agreement and the Mayor to sign. WMH/CDC:cdc attachment cc: Richard Denhalter, City Attorney Dan McFarland, BWlding Official Irene Marcote, Engineering Technician Cathy Selstad, Permit Technician Cheryl Johnson, City Clerk V�' Sam Shoucair, Senior Engineer Cathy DuCoing, Engineering Technician John Grace, Assistant Planner NCI1-D ADDI T&-1 __(�__14Y ORTEGA HIGHWAY EXISTING SIDEWALK ---------- —--------------- ` ---- 11o — EXISTING EXISTING PLANTER AREA ---------------- PROPOSED FIREPLACE � I I DASHED LINE INDICATES CITY RIGHT-OF-WAY tl I -- i I i NORTH NTS CEDAR CREEK INT�,,` - MISSION PROMENADE LOCATION OF FIREPLACE IN CITY RIGHT-OF-WAY ' `' Ei ErrOnA ecp Ail oft j � E3ipED �76� July 29, 1996 ISF'196776 Richard and Nancy Ayres Cedar Creek Inn 26860 Ortega Highway San Juan Capistrano, California 92675 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWEROLIN CITY MANAGER GEORGE SCARBOROUGH Re: License A r ement - Fire lace in City easement(Cedar Creek Inn/ Mission Promenade Dear Mr. and Mrs. Ayres: The City Council at their meeting of July 16, 1996, approved the execution of a License Agreement to allow a fireplace to be constructed in the City's right-of-way at Cedar Creek Inn. I am enclosing two copies of the License Agreement. Please have the property owner, San Juan Partners, sign both copies. One copy must be signed before a notary as it will be recorded with the Orange County Recorder. The other copy does not need to be notarized and will be returned to the property owner after it has been signed by Mayor Hart. In regard to the issuance of the building permit for the construction of the fireplace, once I receive both copies of the Agreements, signed by San Juan Partners, you will be able to proceed with. the issuance of the permit from Building Division. In addition to obtaining a City building permit, the work in the right-of-way will be inspected under an existing Encroachment Permit. That Encroachment Permit No. is 95-128E. Please notify the Engineering Inspector, Fico Aguilera, approximately 24 hours prior to the start of the construction of the fireplace. As I stated previously, I will need a check from you for recordation of the Agreement by the Orange County Recorder. When you return the signed Agreements, I will be able to check with the City Clerk on the cost of recording. If you have any questions, please do not hesitate to call me at (714) 443-6350. Very teal �yours, Cathleen A. DuCoing, Engineering Technician CDC/cdc Enclosures cc: Bill Huber, Director of Engineering and Building fico Aguilera, Engineering Inspector Dan McFarland, Building Official Cathy Selstad, Permit Technician Irene Marcote, Engineering Technician 32400 PASEO ADELANTO, SAN .JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 495-1171