93-0706_MARBELLA PLAZA_License Agreement2. Hold Harmless.
Part of the outdoor play area for the preschool is situated in an area
designated as Floodplain and as a condition of the Conditional Use Permit, City requires
and has conditioned Property Owner to remove or cause to be removed the demountable
fencing which encloses and secures the outdoor play area in the event storm conditions
are predicted in the weather forecast.
Property Owner, shall release and shall agree to indemnify and save the
City harmless from and against any and all injuries to and deaths of persons and
injuries to Property, and any and all claims, demands, costs, loss, damage and
liability, howsoever the same may be caused and whensoever the same may appear,
resulting directly or indirectly from the breach or other violation, performance or
nonperformance, of the condition(s) to the Permit and specifically arising from
Property Owner's failure to remove or cause to be removed said demountable
fencing when storm conditions are predicted in the weather forecast which may
result in debris piling up on the fence and dialoging the fence and plugging the
culverts along the Horno Creek Channel at the 1-5 Freeway and/or Rancho Viejo
Road.
Property Owner also shall release and shall agree to indemnify and save
the City 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 whensoever the same may appear, either
directly or indirectly made or suffered by Property Owner, their agents, employees
and subcontractors while engaged in the performance of the condition(s), while
maintaining the play equipment and while engaged in the removal of said
demountable fencing.
Property Owner, also shall release and shall agree to indemnify and save
the City harmless from and against any and all injuries to and deaths of persons and
injuries to property and against any clogging to downstream culverts and facilities
caused by play equipment and other related structures, and any and all claims,
demands, costs, loss, damage and liability, resulting from the play equipment and
other related structures placed in the 100 -year flood plain and City drainage
easement of Horno Creek.
This indemnification shall terminate when the play equipment related
structures, and fencing are removed from the creek.
3. City Control of Preschool Equipment/Structures.
City reserves the right to, at any time, cause the relocation of the
preschool's play equipment, fences and other related structures in the event they are
deemed to conflict with the flood plain. Any cost of relocating of the preschool's play
equipment, fences and/or structures shall be a cost borne by the Property Owner.
4. Successors in Interest.
The License Agreement shall inure to and be binding on the heirs,
successors, executors, admimstrators, and assignees of the Property Owner.
5. Term.
This License Agreement shall continue in full force and effect, subject to
paragraph 3, unless terminated by mutual agreement of the Property Owner and City.
DATED this 6th day of July, 1993, at San Juan Capistrano.
CITY OF SAN JUAN CAPISTRANO
r one$ MAYOR
H. TURNER NEWTON,
PRESIDENT
CAPITAL & COUNTIES U.S.A., INC.
I// -VIA -
H. TURNER NEWTON
ATTEST:
CHERYL A. OH PPON, CITY CLERK
AP VED AS TO F
r
I ATTORNEY
LICENSE AGREEMENT
THE LAND 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:
LOT 216 OF TRACT 12954, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, RECORDED AS DOCUMENT 88-088244, BOOK 597
IN PAGES I THROUGH 34, ON FEBRUARY 29, 1988, OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXHIBIT A
Y01
May 3, 1993
Mr. Sam Shoucair
Associam Civil Engineer
City of San Juan Capistrano
324130 Paseo Adelawo
San Juan Capistrano, Ca 92675
Subjece Wouderyears Preschool
San Juan Capistrano
Dear Sam,
Pursuaix to your request, we are herewith providing you with a breakdown of the play
saucbm and other related features proposed within the botmdaty of the Homo Creek 100 year
flood zone area. Tlroae *ucuaes are as follows:
1. 3' high and 6' high removable tibular 9ted fencing.
2. wood shade auucmre.
3. minting fbantain.
4. Concrete trash container.
5. Small single room playhouse structure.
6. Two small slides.
7. Small steel climbing strucwre.
8. Steel spider climber
Please review the above and let us know if you have any questions.
Sincerely,
H Ocittfes
J an, ASLA
H O U R I A N A S S O C I A T E S
2QOat 11re+i1 CiteY, arp 109 1h7L. Ca 91651 Tak 714-W4WA5 F.=. 7144346.7417 Lie: 1116
EXHIBIT B
CALIFORNIA ALL-PURPOPACKNOWLEDGMENT
State of
County of p,--
On 5S g5 before me, J
NAME, TITLE OF OFFICER - E.G,E DOE, NOTA PUBLIC"
personally appeared j' ,
NAMES) OF SIGNERS)
No. 5907
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(4 whose name(P.,`j is/afe
subscribed to the within instrument and ac-
knowledged to me that he/she,/the executed
the same in hisl"T2f:themf authorized
capacity4e-&), and that by his/her/the r
signature(Jilio on the instrument the person(},
or the entity upon behalf of which the
rr)>kvPL..xx:<.AI_;rosv,w personfM acted, executed the instrument.
CL vert.'„nN:;SCO CO 4v Tv
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
L/
OPTIONAL
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.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPOJ TATE OFFICER
Aly/
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:_ _
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYF;qOF DOCUMENT
S
NUMBER OF PAGES
DATE O DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91369-7184
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
On May 10. 1995 before me, Cheryl Johnson
City Clerk, personally appeared Gil Jones
SEAL)
Capacity Claimed by Signer
Municipal Corporate Officer
Title
Signer is Representing
City of San Juan Capistrano
personally known to me to be the person whose names is
sbscribed 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
Title or Type of Document
Five
Number of Pages
July 6. 1993
Date of Document
H. Turner Newton
Signer(s) Other Than Named Above