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17-0802_OAKS LLC, THE_Transition Completion Notice dwan 32400 PASEO ACELANTO MEMBERS OF THE QT COUNCIL SAN JUAN CAPISTRANO.CA 92675 (949)4931171 y'{Y� nnnnnu SERGIO FARIAS (949)4931053 PA% 1111'piMl I 1961 KERRY K.FERGUSON it mm.sanjaancapistrano'Ogvldson Comm" . 1776 BRIAN L.MARYOTT • PAM PATERESO. August 2, 2017 D AUG 07 2017 DEREKEK R REEVE Recieved William Davidson James Weber President Vice President, Director of Operations Davidson Communities Davidson Communities 1302 Camino Del Mar 1302 Camino Del Mar Del Mar, CA 92014 Del Mar, CA 92014 Re: The Oaks Transition Completion Notice Mr. Davidson and Mr. Weber: On December 21, 2016, pursuant to City Council direction given to staff on December 6, 2016, written notice terminating the license agreement was served pursuant to section 3(b) of the above-referenced agreement. Such termination was noticed as effective on January 31, 2017. On January 30, 2017, the City sent a letter memorializing modification of the termination terms outlined in the January 21, 2014 Agreement, Section 1 "Scope of License" The following was mutually agreed to by the City and Oaks Farms, LLC ("Licensee"): 1. The Licensee shall leave all paddocks in place and the paddocks shall become property of the City. 2. The Licensee and the City will share all costs associated with the purchase and installation of approximately 160 linear feet of landscaping, to include localized irrigation, along the uppermost portion of the west border of the subject property, as depicted on Attachment 1. The City will purchase and install all associated landscaping items and will send Licensee an invoice for 50% of the materials and installation costs upon completion of the project. Reimbursement to the City will be due within 30 days following the mailing of the invoice. 3. The Licensee shall, at its sole cost and expense, remove the portion of the fencing currently on the Eastern portion of the subject property, as depicted on Attachment 1. 4. The Licensee shall, at its sole cost and expense, install a wood rail fence on the western property boundary line to separate the adjacent property referred to as The Oaks Farms equestrian property from the subject property (APN 125-172- 27). San Juan Capistrano: Preserving the Past to Enhance the Future CO >nmaa olaow req�ee r,ePo, ti� Transition Completion Letter August 2, 2017 Page 2 5. Consistent with the City Council Agenda Report of October 19, 2010, the 197 oak trees currently located on the subject property, as provided by the Oaks Farms, shall remain property of the City and all future maintenance costs associated with these donated oak trees will be the responsibility of the City. This letter confirms that all requirements of the transition process have been met and effective August 2, 2017, The Oaks property and all items on the property will be the full responsibility of the City of San Juan Capistrano. Please sign where indicated below and return a copy of this signed letter to me at your earliest convenience indicating your concurrence that all requirements of the transition process have been met and the property is now the responsibility of the City of San Juan Capistrano. The City truly appreciates your partnership through the lease and transition process and thanks you for your investment in the City of San Juan Capistrano. If you have any questions, please contact Jacob Green, Assistant City Manager, at (949) 443-6321. Sincerely, Be)aegel City Manager READ AND' I APPROVED: wV v_ The Oaks Farms, LLC Copy to: City Council Jeffrey S. Ballinger, City Attorney