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
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