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00-0801_STROSCHER ENTERPRISE_License Agreement LICE.IW E AGREMEN FOR GENE RAL P19UC PARKING This License Agreement,hereinafter("'License") is made on the 1st clay of August, 2000, by and between Straoscher Enterprise,a California General Partnership, hereinafter referred to as.Lacensor,and the City of San Juan Capistrano,a municipal corporation,duly organized and existing urderand by virtue of the laws of the State of California, hereinafter referred to as Licensee. Meroa s,the Licensor as the owner of a vaunt parcel of land located on the comer of EI Camino Real and Ortega Highway in Downtown San Juan Capistrano, formally known as the ARCO fuel nq station site;and, Yftreas, it -is in both parries' liftrest to ensure the economic vitality of the Downtown establishments byensuing adequate parking Inventory' and trafficcircuiation for their patronage; and, ' l aces. the Licensee desires to-utriiae Licensoes real property, for the creation of temporary general public parking and Licensor is agreeable tab said use. Now ttherofore be it rraphE filly"wpolved. between the Licensor and licensee as follows: Covenants Section 1. Grant of License: i Licensor hereby grants to Iiic enwe a license entitling Licehsee to utilize Licensor's re=al property located on the northeast corner of Ortega Highway bnd D Camino Real and more particularly described asAssessoes Parcel No. 124-170-14'and graptkallyclepicted on Exhibit 1, attached to, and incorporated_by reference to thisficense agreement, for public parking purposes. Section 2. Use of Property: Licensee shall be entftled to use the property 24 hours a day, seven days a week, and to make it available to the general public for parking purposes, and for no Cather purpose. Licensee shall be responsible for enforcement of vehicle parking at all times during this license_ It is anticipated that Licensee will make improvements rats to the subject real property to facilitate the use of the real property as a parkJng lot The cost of improvements.up to a maximurn of$46,000,will be depredated on a straight-line method over the first ihtrty-six months,for the purposes set forth in Section 3. Page 1 of 4 Section 3.Term: The term of this-1'rcense shall be for three(3) years commencing August 1, 2000. The license shall continue thereafter on a month to month balls unless terminated by either party by giving the other party thirty(30) days written notice of termination. 1n the event Licensor terminates the License prior to tf,e expiration of the original term of,36 months, Licensor shall be obligated to pray Licensee the remaining prorated cost of improvements. For example, if the cost of improvements are$45,000 and the License is terminated effective month 24, then the Licensor shell be obligated to pay the Licensee the unused portion or$15,001) (12 months tins $1250.) Licensor may elect to offset this amount against any unpaid sums owed by the Licensee, subject to the terms and conditions set forth in Sections 4 and S. Licensee agrees that if the costs ofirnprovements exceed $45,000,then the Licensee shall be solely responsible for that amount and shall not be included in determining the amount owed by licensor. Section 4.Considemdon: As consideration for-said%License,Licensee shall payllcensor$4,500.00 in advance, on or before the first day of each month for the first sbc monthly commencing August 1, 2000, and $3,000,00 per month in advance, on or before the first day of each month for each month thereafter during the term of tht)Goense. So long as the Uoensor owns and operates the Mission Inn Motel-located at 26891 Ortega Highway, monthly consideration shall be credited first against any and all outstanding Transient Oocupanty Tax owed by the Licensor to the Licensee under Section 3, Affde 6 of the Municipal Code. In addition to the foregoing rent, Licensee shall pay the pro--rata share of the property taxes assessed upon the premises for the term of the License Agreement. Licensee shall pay its pro-ratasharetothe County Assessor/Tax Collectorwithin thirty(30) days of receipt of Ucensor's request for payment accompanieO with the Assessorlrax Collector's statement thereof_ - Section 5:Additional Consideration, Maintenance and Operation: Licensee shali snake minor paving improvements to fac:gitate the use of the property for public parking. it stall be the responsibility of the Licensee to maintain property in useable safe condition, in good repair and free of garbage,litter, debris or weeds which may accumulates upon the .premises. In the event of destruction or damage to the licensors' premises by an insured casualty or event, so that premises becomes wholly or partially unusable this license Agreement shall terminate, and Licensor's duties to reimburse Licensee under Section 3 herein shall not apply. Page 2 of 4 Section 6.Assignments: Licensee shall notasson,sell,transferor hypothecate ft interest underthis License Agreement. Section 7.Attomeys Fees: In the event that Ucensor or Licensee Is required to file legal action to enforce the terms-of this agreement, the prevailing party shall be enked to all costs incurred in connection with such action, including reasonable aftomeyr's tees. Section 8.Notices: . Any notice required to be served pursuant to this License Agreement shall be effective upon pasting in the�United States mail, first class, with page prepaid, addressed as follows: Ted Stroscher City Manager Strescher Enterofte partnership City"of San Juan+Capistrano 31882 Del Obispo,Suite 200 32400.Pmmo Adelanto San Juan Capistrano CA 92673- San Juan Capistrano CA 92675 Section S. Indemnification: Licensee shall hold harmless,indemnffyand defend Licensor,its Partners,officers, employees agents,and successors from all liabilities, penalties; losses damages,costs, expense,causes ofaction,delmsand/orjudgementsaftngout ofthenegligence orwilll'ul misconduct of Licensee, its agents, employees contractors and invil: , or activlties pursuant to this License Agreement. Section 10.- Entire Agreement This Ucense Agreenrtent contains the entire agreement-of the parties and any agreement or rep resentations.affecting the premises,the duties of Ucensor and Licensee not expressly set forth herein, Is mull and void. Amendments can only be made by writing and executed by both partes. In Witness Mareeaft the parries have Head and undembx d theabove LicenseAgreement Citycf San Juan Cano inseel; fene garrfp6811, y6r Strosch r EDte r'se Pa hi Lice g : Theo fore Svoscher, artner A roved as-W Form: O- Oa'a', John Shaw, ify Attonfey Cheryl John C� Cler i Page 4 of 4 +ErNrnsfrazhw.wpd POR ZC-C,,PBS,RTFY 124 — 170 a ,{ 649-30 rs s A4. *` Sze- TANcr y r $-v.VwaYnfRr j �cw. for „ n� tot , RS 16-l3 LOl �v �` • tJ� d, .� a, sre� � r • hfA io3 amu • 4CC777 s I r JJj , �,. In • ff�Qj LOT a� r O Dili REAL ` m33 ire"• V a 18 f th V GA f TR, ► y}5 #OTE -ASSESSOR"oummil BCOCIf esF ASBE35OR'S AIAP '�i+IlY CrdPISTiPAA►d PARL'i4 AtWOEERS 6001f 12R PD16E f 7 !"�F NARGN ms SHOWM 11Y CfRC ES CGWVTY Of ORAA►6E