1979-0713_ORANGE, COUNTY OF_Agreement• .s
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and
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Agreement No. ^ 79-024
A G R_ E E M E N T
THIS AGREEMENT, maae and e d into this day of
BY AND BEIWO
NO CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "CITY,"
RECORDED IN OFFICIAL RECORDS ORANGE COUNTY HARBORS, BEACHES ANU PARKS
OF ORANGE COUNTY, CALIFORNIA DISTRICT, hereinafter referred to as "DISTRICT,"
-4 2s PM AUG 10 1979
LEE A BRANCH Count Recorder COUNTY OF ORANGE, hereinafter referred to
County as "COUNTY."
W I T N E S S E T H:
WHEREAS, by Agreement of Novation dated -5/
/ 9 �7 c between CITY, DISTRICT, and the owners of the Mcntai--z Aaobe, CiT'i
has undertaken the obligation to develop, ¢,aintain, and operate the historical
Montanez Adobe, hereinafter referred to as "Froject," and
WHEREAS, COUNTY has determined that the restoration of the Montanez
Adobe will be of benefit to the residents of the County of Orange,
NOW, THEREFORE, for and in consideration of the provision of recre-
ational facilities to all citizens of the County of Orange and the mutual prom-
ises, covenants and conditions set forth, the parties hereto agree as follows:
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COUNTY small make available to CITY the nineteen thousand, eight
hundred eighty-three dollars and sixteen cents ($19,883.16) in the Revenue
Sharing account identified for application to restoration of the Montanez
Aaobe, less any other Count. administrative charges Incurred in the process
of executing this Agreement. Payment of the nineteen thousand, eight hundred
eighty-three dollars and sixteen. cents ($19,883.11), less said charges, snall
be made to CITY by C(:;lNTY Auditor's issue of warrant after execution of this
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jl Agreement and upon tender by CITY of an invoice and approval of said invoice by
2COUNrY's Administrative Office, Revenue Sharing Office, and upon verification of such
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3', charges by COUNTY's Environmental Management Agency Director or Director's designee.
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4 II II
5 DISTRICT shall make available to CITY a General Development Plan completed
6 by DISTRICT for PROJECT at no cost to CITY, and CITY shall, within a period of three
7,i (3) years from the date of execution of this Agreement, restore the leased premises
8; in substantial compliance with the General Development Plan, to the extent that such
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91i� Plan conforms to requirements of federal or state regulations or guidelines. It is
10 understood that for any remaining architectural work to be done, CITY is not obli-
11j'' gated to use the same architect who has prepared such plan.
12 : III
13i CITY agrees that no person shall, on the grounds of race, color, national
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14 origin, or sex, be excluded from participation in, be denied the benefits of, or be
1511 subjected to discrimination under any program or activity funded in whole or part
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16; with funds made available under this contract. Any prohibition against discrimin-
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17'!: ation on the basis of age under the Age Discrimination Act of 1975 or with respect
181 to an otherwise qualified handicapped individual, as provided in Section 504 of the
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19 I Rehabilitation Act of 1973, shall also apply to any such program or activity. Any
20j1 prohibition against discrimination on the basis of religion, or any exemption from
20 such prohibition, as provided in the Civil Rights Act of 1964, or Title VIII of
221, the Civil Rights Act of 1968, shall also apply to any such program or activity.
23; IV
24 i CITY agrees that access and use of Project shall be granted to all resi-
25!� dents of the County of Orange on the same conditions that residents of CITY are
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26� granted access and use of Project. CITY further agrees that the Project shall be
27 maintained as an historical property for at least the remainder of the term of the
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28 I Agreement between CITY and the owners of the Montanez Adobe. If the Project ceases
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1 to be used as provided for by this Agreement, CITY shall return to COUNTY all funds
211 provided herein.
3 i1 V
4 CITY shall indemnify, hold harmless and defend DISTRICT and/or COUNTY,
5 its officers and employees from any and all claims, demands, loss, liability, in -
6 jury, death, suits, or judgments arising out of or alleged to arise out of or in
7 consequence of the Agreement. Transmittal to CITY by DISTRICT and/or COUNTY of
8 any pleadings served shall be deemed a request to defend.
9 VI
10 CITY shall maintain accounting records and other evidence pertaining to
11 II costs incurred which records shall be kept available at the CITY's office during
12 i� the contract period and thereafter for six (6) years from the date of final payment
13 of County revenue sharing fund and shall make said records available to COUNTY's
14 f Administrative Office for any purposes at any time. CITY shall furnish to COUNTY
15 reasonable clerical assistance upon request of COUNTY's Auditor or COUNTY's
16 Administrative Office, Revenue Sharing office. CITY shall furnish to COUNTY
17 i; copies of records referred to herein upon request of COUNTY's Audttor or COUNTY's
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18 I Administrative Office, Revenue Sharing office.
1911 Vil
201 CITY agrees that the costs attributable to PROJECT restoration shall not
21 include acquisition, operation and maintenance, planning and design services,
22 design overhead and developmental overhead. Any funds provided to CITY which
23; are not used for PROJECT restoration shall be returned to COUNTY's Administrative
24 Office, Revenue Sharing office within six (6) months of completion of PROJECT
2511 restoration.
26 VIII
27 CITY acknowledges that the funds being provided are funds received
28 by COUNTY pursuant to the State and Local Fiscal Assistance Act of 1972, as
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amended in 1976, Public Law 92-512, and that expenditure of these funds must be in
accordance with said laws and regulations issued by agencies of the Federal Govern-
ment. CITY further acknowledges that when such funds are used on any construction
project for which twenty-five percent (25%) or more of the costs are paid out of
revenue sharing funds, prevailing wages must be paid in accordance with the Davis -
Bacon Act, as amended, 40 U.S.C. 276a -276a-7, and that labor standards as specified
by the Secretary of Labor must be complied with. CITY agrees that if it is sub-
sequently determined that said funds were not expended in compliance with the
federal laws and regulations CITY will refund to COUNTY such sums which were im-
properly expended.
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CITY agrees that said funds provided to CITY �y COUNTY which are not
expended for purposes of PROJECT as required in Clause II will be returned by CITY
to COUNTY within sixty (60) days of expiration of specified three (3) year time period.
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For purposes of accomplishing the work called for under the terms of
this Agreement, CITY is designated as lead agency, and as such, shall be responsible
for complying with California Environmental Quality Act of 1972, as amended.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective governing bodies on the dates set forth opposite
their signatures.
Dated:
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APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By �i��Ial�
Dated: July 5, 1979
APPROVED AS TO FORM
i y Attorney
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ii JTH:sg553(17)
ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT an UNTY OF 0 E
By_
Chai n, Board of Supervis s
County of Orange and Orange County
Harbors, Beaches and Parks District
ATTEST:
JUNE ALEXANDER
Cler of the Board of Supervisors of
Orange County, California, and Orange
County Harbors, Beaches and Parks District
CITY OF SAN JUAN CAPISTRANO
B2 LCn.7
Mayor, CITY
ATTEST:
7.Z
..i1FA
STATE. OF CALIFORNIA,
Orange
COUNTY OF_ _
City of San Juan Capistrano
OFFICIAL SEAL
•"'��; MARS ^i^i I HANOV[R
NOTARY GUBLIC /'AI IFOR NIA
��4"'W�" ORANGE C. UiJTY
rd ror,m...xp9 e., rr'R 14, 1980
ss.
ON. July 5 _ lg 79
before me, the undersigned, a Hoary Public in and for the said State, personal'y appeared
KENNETH E. FR ESS known to m; to be the
MayoT—._I#e?k�, kl:own to me
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tobcthe_r—gF tT,aoj_City-of San Juan Ca_pist_ran _
municipal
the-torpo atlon that executed the within Instrument known to me to be the p rsons who
executed the within Instrument on behalf of the Corporation herein named, and acmowledgcd
to me that such Corporation .xecined the within Ins[rument pursuant to Its bylaws or a
resolution of its board of directors.
WITNESS my hand and official scat.
ary Public m and for said State.
.EDGMENT—Corp.-Prez. 8 Sec. wWolcpttz Form 72�6m. 7-64
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this day of 19Z, before me, the under-
signed, a Notary lic in a or as Z`—ounty a tate, re i g t erein,
duly issioned and sworn, personally appeared
as
of the Board of Supero sora o range oun
Cal orn a, A nown to me to be the person described in and whose name is
subscribed to the within instrument, and acknowledged to me that he ex-
ecuted the same on behalf of said County of Orange, and as such officer
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
• OFFICIAL SEAL M=
' CAROL BREEDLOVE i
�; Notary Public California i
ORANGE COUNTY ;
My Commission Expires March 4, 1983
'---------------------------------
Notary Pu c in and or said
County and State
My Commission Expires
;.-.c:. Y EXr_^1PT 13 (3� P6 7
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' Jr,� µy4 \4,'�,i OYIg Agreement No. D-79-064 V --�
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AGREF.•IENT OF NOVATION y
till THIS AGREEMENT, rade and entered into this�qn _ day of
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:�i15 bv and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as
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4 I "CITY," the ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, hereinafter rererrFd
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5;! to a, "DISTRICT", and FORREST R. DUNIVIN and MARLIJO D[!N?NElE9�B€�N�irif�IR4RE� rred to as
if OF O ANGE cn4NTY rA1.IFOR t j
6 ij "LESSOR":
.A gs RM AUG I Q 19I9 �
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WITNESSETtI: LEE A. BRANCH QBllniy Re6order
8 WHEREAS, the Montanez Adobe is a historical landmark which is listed on the
J! National Register of Historic Places; and
10;11 WHEREAS, on February 14, 1978, DISTRICT entered into a Lease Agreement with
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I1j LESSOR for the purposes of development, maintenance, and operation of the historical
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12Moatanez Adobe, a copy of w'tich Agreement is attached hereto, :narked "Exhibit A," nnd j
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13 �incorporated herein by reference; and
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14i WHEREAS, DISTKICT wishes to be released and discharged from its duties :;der
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?;; ;! said Agreement; and
sWHEREAS, CITY is willing to assume DISTRICT'S duties under said Agreement,
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1711 in return for DISTRICT'S rights under said Agreement; and
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18 'WHEREAS, LESSOR is agreeable to a substitution, of obligatLons and r `rts
19 III whereby CITY receives and undertakes al) rights and obligations under said .\greement,
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201 and DISTRICT is relieved of same,
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21 NOW, THEREFORE, in consideration of the mutual promises, covenants, and
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22 conditions contained herein, the parties hereto agree as follows:
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24; CITY shall perform all of DISTRICT'S duties as set forth fa the Agreement
25jlcf February 14, 1976 between DISTRICT and LESSOR, which Agreement is incorporated herein
26!`iby reference. :CITY shall be oound by all terms, covenants, and conditions contained in
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27 ""said Agreement, as if CITY were named tierein in the place of DISTRICT.
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2 DISTRICT hereby transfers to CITY all of its rights and interests in said
3 Agreement.
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5 LESSOR hereby releases DISTRICT from all liability and obligations under said
6 Agreement and agrees to be bound to CITY under the terms, covenants, and conditions
7contained in said Agreement in all respects as if CITY were named therein in place of i
8 DISTRICT.
9 I IV
10I It is understood and agreed to by all parties hereto that the terms of said
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11 Agreement shall remain in full force and effect, except that CITY shall be substituted
121 for DISTRICT in all respects. CITY and LESSOR retain the right to amend the terms of
131 said Agreement at any time.
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15i CITY agrees to restore the Montanez Adobe within three (3) years from the
16' date of execution of this Agreement.
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17 IN WITNESS WHEREOF, the parties have executed this Agreement this
18 day of _ 19 % (f
19 ORANGE COUNTY HARBORS, BEACHES
11 AND PARKS DISTRICT
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Dated: � / � �7 BY -- ---- ;
2 Cha irm , Board of Supervisor ,
ATTEST: acting as the governing boa d of
23 ORANGE COUNTY HARBORS, BEACHES
AND PARKS DISTRICT
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By 'L 0�- ^
25 JU10F ALEXANDER
Clerk of rhe_ !bard of Supervisors
26, governing board of the Orange County
Harbors, teaches and Parks District
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APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
79
APPROVED AS TO FORM
__Q
ity Attorney
HS:slm331(1)
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CITY OF SAN JUAN CAPISTRANO
BY
Mavor
rest R. Dunivin
Mar jo Dunivin
Mayor's signature
Signed in the presence of
Mary
Ann
Hanover, City Clerk
Subs ibing witness
Dated: July S, 1979
STATE OF CALIFORNIA,
Oran a _J ss.
COUNTY OF____— �
City of San Juan Capistrano
,h OFFICIAL SEAL
'� h4AR`f ANN HANOVER
�^ NOTARY VUBLIC CAU FORMA
ACNNUWLF UGMf Ni-- CorR.—Pres. 6Sec. —Wolcotls corm 216 --Rev. 164 -
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ON ------Jul -5-- --- -
before me, the undersigned, a Notary Public in and for the
__Kt' NN GTN- E_. ' R I I:S S_._ _ _—
Mayor MitNt> nd-- -- ---
-- 19. 1
said State, personally appeared
known to me to be the
known to me
City_offfan-julnSaRi-5=drw9
--municipal - _ - ----- ---- - — --
the/Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and actnosledged
to me that such Corporation executed the within Instrument pursuant to its bylaws or a
resolu±ion of its board of directors.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
Y ss.
COUNTY OF / p
On /✓l�� �� /��/ ,before
said
Nolaly Publi 'in and for said State.
undersigned, a Notary Public in and for
n
known to me to be the person whose name i �••••••••e•eeeeeeeeeeeeeeeeee•
• OFFICIAL SEAL
subscribed to the within instrument and acknowledged to me:.�„ JANET L. HARMER
• > v io NOTAR - ": " =-RNIA
• ` Cn =E
that_ �s�/� eae<uted the same \� COLNTY
• Myommission Ea C
WITNESS my hand and official seal. • 7ucs May
7,7932
♦eeeeeeeeeeeeeeeeeeeceeeeeeee•
Signature '�
Name (Typed or Printed)
(This area for official notarial seal)
STATE OF CALIFORNIA
as.
COUNTY OF ORANGE
On this day of 19�, before me, the under-
signed, a Notary Public in a or sa ount a take, r idi.n herein,
duly issioned and sworn, personally appeared (i^
as
of the Board of SupervTs—ori of Drange Countjr,
California, known to me to be the person described in and whose name is
subscribed to the within instrument, and acknowledged to me that he ex-
ecuted the same on behalf of said County of Orange, and as such officer
thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
OFFICIAL SEAL ,
i%4'
CROLBREEDEOYf otary u c n an Or88Notary Public California County and State
OBANGECOUNTY 7 My Commission Expires
My Commission Expires March 4, 1983 i
----------------------------------- ft.
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:OZD;P:G F_, QUESTED EY, AND
I flECMDEO NETURtV 10;
MINTY CF 01R:1i1;;E
dCY
PEAL ESTATE.
P. C. L:iX 410S
;FA ANA, CAJFU;U1iA 92702
:7A 557-4
:.istorical Sites
LEASE. AUEEMENT
MIM day of%j;jnf;�;'j'. lg;^. by and between
HIS IS h hE'i+SE, Mad',, this —
-• y
'CRRES'2 R. ["U"IIVIP: Caif7 :4Aki,l,i li LU il'YIt1 ,+ eCCl: Cr CrfCC Yed 3s
_,E:SSOR" , and OPANCET. COUNTY HAI(POPS, LiEACHES, AND PA::::S DISTRICCT, here-
:aafter referred to aS -TENANT", without regrtrd to number and gender.
R E G I T A L S
I,SSSOR owns the Ft.tnta;ic;; Adobe located in San Juan Capistrano.
- -. 'old A10`i G' 15 ti (:l i(`VCd t0 JC ORC Of 00 oldest, CORt1RUallV inhabited
weliingn California.
C. TENANT recoqnivCr Lhc historical significance Of the Adobe and
i"SireA to preserve it.
NOW, THEREFORE, in consideration of which and the other considerations
noreinaf.ter set ford,, it is mutually agreed as follow&:
1. DEMISED PREMISI',S (A2.1 S)
;.,s "De lease em ses"', t
ac curt in -G cr[r horcinaft_r r^furred to
,��;,.,. descrii;rd in "Lxhihit A" a^d :,horn on "Exhibit
V" which
premises", �, r o2on made a art
ttac h � a^.l �, r f^r P'
. ��„ which exhibits a.- a ...:ti ,:reg _
hereof.
2.. CONDITION OF '1'ITE.E; (t+) i
within fl0 ri cn• T_nt (?at_ of 'this Lease i
LC`i`:Oit ;hail .�:' after t. - C(?:.[; ji,.;'
... LO.; ��:. � tl:^ IC..:.U!i�?'. C:: t,:Cc of the uC:,'.1Sc`'�. .
`. do all things ncnaLL:I. f �`` ( all hlC.i zr 00 r Orr
premises in TENANT frea
leaneG (Cu(.. :. f -:'.! CiC Ci.0 rCGfllCd} a.'-/1 1L:.}:.]ter E::CCi t for t�rG Si d.
^asements' r ;� a t;7rt horeOf.
.rumf' li..ted in CFY•.i'siL , t `f.::rcn -
JLii/50 EXEIBIT A
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3, PERM (A5.1 S)
The term of this, Lease shall be fifty
years, copmcncinq the first
day of the first full calendar month f.ollowinN the date of execution
by TENANT.
4. RENTAL (A7.1 N)
. TENANT agree:; to pay to LESSOR as rental for the Demised Prcai SCS during
the first twenty -Live (25) years of this Lease tho sum of One Hundred
(5100) per year. payment will hc!\1 duc and payable within 20 days after
the latter of the following:
1. The first day of the year following the year earned, or
2. Receipt of LESSGR'S written claim by and acceptable to TENANT'S
General Services Agency.
LESSOR and TENANT agree that the remaining twenty-five (25) years of this
Lease shall be rentfrs•O.
S. ALTEI<ATIONS
TENAUT may ma'r,e
as deemed neves
REPAIR, MAI
(AIU.l N)
iMplovemvnt% and changes in the Demised premises and allot
,ary for the preservation of the site and for public safet
;TE:il,nCll, AND aANITORIAL SF.R IC S (A11.1 S)
TENANT shall provide at it:: own cost and expense all repair and main-
tonance to the Dcmicnd Premises.
7. UTILITIES (A13.1 N)
TENANT shall be responsible for and pay all charges for utilities
j supplied to the Demised eremines.
t FIRE IWSURANVC (Alh.l n)
CnANT nhali maint i'.... Lhri)u"4nut the WOO G:. ..., L.: C fir•' ins;:rancc
23 on the Demised PromisC. to Lne lull insur:'-bl1 .'
.te2.�
n: of nrJ WOnts
locates: on the Cc,e:K06 Prepises. Upoh.uc,...r . of 11'..:05, Ti'.'! NT shall
' LI:6Sol� with wviciincv of eonpllana Witt Che;,. ragulroments.
,., �' provide .
51� I, 9, PUBLIC 111AUfLiTY WSHRANWI: (A15.1 S)
TENANT agrees, at its .We f.vr1:::.,, , t0 "13:ain fr fore_ OCrinj th' term
of this LC; sa full Ci:apwah".anku public 1141 =1:!_" _...:::..:nCC in!-,urin`
ja inst an 7 an:, aQ Cows 1 . . ifs... :i icz to Jr -raper i_Y OC. III 1r'^
`sIno
w. I� 1Li:AW -Z-
1 n, upon, or about the Demised Premises. Said policy shall have limits
paf not lea than $100,000,and $300,000 for injuries to person or persons,
-,;;et.d not less than ,-100,000 for property damaqe.
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10. TAXES AND ASSESSMENTS (A16.1 S)
1'4!11 taxes and assessments which become due and payable upon the Demised
:remises shall be the full responsibility of LE&SOR, and LESSOR shall
ause s4id taxes and assessments to be paid promptly. TENANT shall,
A thin sixty (60) days after receipt of evil+rncn that LESSOR has paid
;aid taxes, reimburse LESSOR the Mount of taxis on the Demised Premises.
;J.. DEFAULTS AND REMEDIES (A17.1 S)
'"n the event of any breach Of this Lnase by TWANT, LESSOR shall notify
'ENANT in writing of such breach, and TENANT :gall have 30 days in which
to cure said breach.
12. RESELVATION TO LESSOR (N)
LESSOR heraby resc•rvr's th(! ri'Iht of in.7ress and enrens across the Demised
'remises for vehicular nccrnz to LES:oAIS renai.ning p:opQrty. LESSOR
agrees that the right of acangs shall not require the removal of any part
;f the adobe.
It is also agreed ttjt nothinq in thk Loose, or the occupancy of the
i nemised Pronisen by TWNT, QOU inhibit Or reztr ict the development or
0; - .:se of. LESSOW S roma in my proncr ty.
13. NOTICES (A18.1 S)
ti
•`rl? notices pursuant to this Lease shall be addressed as set forth below
;t as either party may hereafter designate by written notice and small
be sent through the United States mail.
TO: LESSOR TO: T_'IANT
ForrCat P. n=
26988 Ortega Uii]hsay
San Juan Capistrano, Ca
23
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^' 14. ATTACHnENTS KIM S)
�
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C�jnt t!1r! Tc C^aches, t
and P-rks D1str:Ct
92675 CSN/Real Estate Division
P. 0. B0% :105
S nta An.:l, California 92702
, .This Lcace includes th, following, which arc dtCachn! hereto and made
�a part hereof:
,int!/afa
1.238
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1 n, upon, or about the Demised Premises. Said policy shall have limits
paf not lea than $100,000,and $300,000 for injuries to person or persons,
-,;;et.d not less than ,-100,000 for property damaqe.
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10. TAXES AND ASSESSMENTS (A16.1 S)
1'4!11 taxes and assessments which become due and payable upon the Demised
:remises shall be the full responsibility of LE&SOR, and LESSOR shall
ause s4id taxes and assessments to be paid promptly. TENANT shall,
A thin sixty (60) days after receipt of evil+rncn that LESSOR has paid
;aid taxes, reimburse LESSOR the Mount of taxis on the Demised Premises.
;J.. DEFAULTS AND REMEDIES (A17.1 S)
'"n the event of any breach Of this Lnase by TWANT, LESSOR shall notify
'ENANT in writing of such breach, and TENANT :gall have 30 days in which
to cure said breach.
12. RESELVATION TO LESSOR (N)
LESSOR heraby resc•rvr's th(! ri'Iht of in.7ress and enrens across the Demised
'remises for vehicular nccrnz to LES:oAIS renai.ning p:opQrty. LESSOR
agrees that the right of acangs shall not require the removal of any part
;f the adobe.
It is also agreed ttjt nothinq in thk Loose, or the occupancy of the
i nemised Pronisen by TWNT, QOU inhibit Or reztr ict the development or
0; - .:se of. LESSOW S roma in my proncr ty.
13. NOTICES (A18.1 S)
ti
•`rl? notices pursuant to this Lease shall be addressed as set forth below
;t as either party may hereafter designate by written notice and small
be sent through the United States mail.
TO: LESSOR TO: T_'IANT
ForrCat P. n=
26988 Ortega Uii]hsay
San Juan Capistrano, Ca
23
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^' 14. ATTACHnENTS KIM S)
�
�
C�jnt t!1r! Tc C^aches, t
and P-rks D1str:Ct
92675 CSN/Real Estate Division
P. 0. B0% :105
S nta An.:l, California 92702
, .This Lcace includes th, following, which arc dtCachn! hereto and made
�a part hereof:
,int!/afa
1.238
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T. G[[NCRAL CONDITIOyS
II. EXHIBITS
A. Legal description of Demised Premises
B. Plot Plan of Demi--cd Premises
C. Title Exception -
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T. G[[NCRAL CONDITIOyS
II. EXHIBITS
A. Legal description of Demised Premises
B. Plot Plan of Demi--cd Premises
C. Title Exception -
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IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
AT'T'EST: —
JunV Alexander
Clerk of the Board of Supervisors,
governing board cf the Orange County
Harbors, Beaches, and Parks District
APPROVED AS TO FORM:
County Counsel
1
TENANT .
OWN( -,F, C(/jNTY HARBORS, BEACHES,
AND Pj,ViCS DDJISTRICT
E\ Y�l�i`���r'T -�
Chair :tan, Board of Supervisors,
acting as the governing board o!
Orange County Harbors, Beaches,
anti Parks District
APPROVED AS TO AUD1;'INC r.ND AC.000NTINC:
Auditor -Controller
By_E. Pirtle
RECOMMENDED FOR APP!&V,11.:
Environmental Man,.g„icc!nt Agency
By Larr r M. I.^a_c.n
RECO[iMENDED FOR APPI(OVAL:
General ::essicc:'
Real Estate Division
B /
Fie 1 Property F,r,c::;
�ana�yr /
To/sc
I� 7.Ui7
LESSOR
Z/
�. FORREST R. 19UNIVIi:
By
MARI.IJO 1JUNIVIN
Siv,ned I.n the presence of
�Sub.,cr.iu ung o:.tne s
Dated:
CO"
1 f0 -F lW �rJ�+I1
9i
v
per:)
SUBSCIMMNG Mr NESS ACKNO+vi,tax;Mi-,Nr
`T ATE 0FCAU1-0HKLA,000u1Y0F—_� Y 1r:%� �:ss•
\ `vim- 7 "cforc mc, the undCrsi;;r.td.a K,d.lry l'ubh: in and fur saidCrranty
fh ) t t-. y�::r, f_�
:
St.] (C. per;:;nilly :rppC�r` ----- rl ✓�� ---�----- -- -------------
.,.: on.0;y known to we to be the pcn"n wbinc vaar, it :•IS): nhr•.I lu the within InUnnu^nt, as a W'rl Mass thereto, who being:
,L.•,__rcutics in _ Qtr-,_�T�I' — County.
nl[ l�llly' )'NUIII, deposes anJ says'. That ____-___�__ — and
- - �
wa; present and saw_,�C.Y
G
c :orally known to :e Y to be :Le type person described in and whose name �r [arm suh%cobed to the
a,in and annexed Instrument as_ ��t-� seS_._tilcreto, execute and Kivu tl.c same, and_=ihfn--acknowk4cd
nid Map glut� _ csca ted tilt same; and that said aflant subscribcd_.me Iherelo as a
tness.
VATKC.SS Y -010d all
a11111a111.1•:.• j'l a'1 i'Je1
1
T[?F,Y GL%.tJ SvJR�!:%-: 1
V.'-ti•_AIyLrY ULL�w-t.ii'l[�i... �.J. t�.1 1
.............1•ws1111V s1V!1111
—/ — �.ek'JL ,�1--C-.�
•d OF CALIFORNIA )
ss. '
'.i OF ORANGE j
�l(
..,n this I! I day of _, 197 i),?fore :b': (, a Publici\:otary�in
F ffJ'
a for said I.OUnty and :i l.a 1. •�, gGf26nally Qcarcd ___C%. (_a.
Chairman of the i)OaCd Oi SU;.i?:vi :O
i anie l.OUllty, C&�1C------------ dS the governiaq board Of the Orange
...tly baCbors, Machos and Parks C' :trio, Who 1s know'' to 'te t:) he tae
deocrited in and ..Clod'" name i s subscr iK6 to the "thin instr"ent,
i:nOtJICL jCC; t0 .i. tt: i!t ,�C C:: i:Cl'. `.= the on Jc•h,-_1f of s: iC OrangJ
..G. pv;k3 ..,.strict aK so much officer thereof.
YN WITNESS Wf EREOe, I havo hereunto set my :and and affixed my seal the
ay and year in this certificate first above •.:rizten.
"r^ i;� LG1..:.r �.:a•.: .:Li, per.. ,, .
\�- t%, urn _I r.;, r• -Ci.; N. .. r1
I. GENERAL CONDITIONS (x120 N)
!f 1. LEASE ORGANIZATION (A20.1 S)
41h The various headings in this Lease, the nuibers thereof, and the
organization of the Lease into separate sections and paragraphs are for
purposes of convenience only and shall not be considered otherwise.
2. INSPECTION (A20.2 S)
:I
LESSOR or his authorized representative shall have the right at all
1, reasonable times to inspect the Demised Premises to determine if the
provisions of this Lease are being complied with.
3.SUCCESSORS IN 1[.PL',RGST (A20.3 S)
this Lease, the terms, covenants, and
Unless oth��r�.:ise provided in th:
condition. ccint.,in" herein shall apply to and hind the heirs, suc-
cessors, exQcutocs, ,a"al;ii trutors, and assigns Of Oil the parties
hereto, all of whom shall be jointly and severally liable hereunder.
it
4. COSI Oe SUSTAIrTkG AN ACTION Fop iSi(vACu OR CI:PAULT (A20.4 S)
In the event either LESSOR or TIL?ANT coWonces; 101al rctiOn agOW:t the
other Claiming a broach or default Of Kin L son, th,_ prevaillnq party
in such litigation shall be entitled to recover from the other costs of
sustaining such action, including reasonable attorney fees, as may be
fixed by the Court.
i
5. CIRCUMSTANCES P:ICN EXCUSE PERFCC;N`020-5 S )
l.f clthQr natty hereto :hall be celayej Or par% "nowd Irom the nurEorm—
of act. - V Wreuna_r C.+ ._-.-.'OP 9: _Ct_ .,i God, re trlctiv
iaws a: '�Ithwut Halt and
.)Cyo.:,l the control of t party ty obi �c _ . (`iu.a 1
i t :o lit.•✓ excepted
-Cot , b .::c t _,,c� o' �hc delay;
t t :.;. o �i ;, ...
and the I'... iud tnr ,-r: r r , 't r.r. t o ,,! t he axtended fo
Tenn ..o tai nowicd OL.. 6—AAV. vn. vox, nothing in
this clau5o shall 0%,u , c1..n . , .. v . K. W_. nlywwAo :,t any
r
rental or ;he. Cl �C_ rC!U:t_i_ .L .... on vly
providW
el.zowhere in this WaWo.
TS /so
i% 1 . 0 7'7
1 6. AMENDMENT (A2U.7 S)
This Lease set; forth the entire agrecrer,t h, twcon LESSOR and TENANT
i1 and any modification must be in the form of a written amendment.
i
i 7. PAkTIAL INVALIDITY (A20.8 S)
If any term, covenant, condition, or provision of this; Lease is held by
a court of competent jurisdiction to be invalid, void, or unenforceable,
'K the remainder of the provision_ hereof shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
5 E. WAIVER OF HIGNT'S (A20.9 :i)
y The failure of LESSOR or TENANT to insist upon : trict performance of any
of the terms, conliitions, and covenants in this Lease shall not be deemed
'.! a waiver Of any right Or remedy that LESSOR Or Ti;lANT may have, ana shall
not be deemod a waiver of any right or remedy for a subsequent breach or
'. default Of the tri Yi...:, ccooit.ions, and cav:.n.i%_s torero containvi.
9. ❑OLDINC OVER (!'2J.10 S)
In the event TENANT :hall continua in.po:y0s.sion of the Demir,ed Premises
after the term of tnik t.ro;a, such posse3cinn Us it not be considered a
'n renewal of this Lp..nc bqt ,J. tenoncy trom month to month and .^.he'll be
governed by the coed i ; nO : and covennnts contair vC in this Lease.
10. TIME (1120.11 S)
e..r
:�
Time is of the essenc^ of this Lcc. -
15 11. DEFINITION OF TEVANT (A20.12 S)
f I' .
The term-TLN.AN-T" sh�I1 ^:can the Coard c_` SWOrviscrs or the Political
r
21 ';
UOdy that executej thus sgrcament or 'to nathorizad regrosentative.
21
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22 J
Lu
c4
,1 i
L. it
20 .
2
FACILITY: Nontanez Adobe
E:TATE: Lease
FACTLITY NO. CA557
PARCEL k0. 4:
DATE: 05-19-77
WRITTEN: F.C.S. CHECE.tD: W -E -l'.
That portion of Tat 52 of Tract No. 103, in the city of San Juan
Capistrano, County of Orange, state Of California, por nap recorded in
hook 11, pages 29 through 33 of Miscellaneous Maps, in the office of the
County Recorder of said county, dare ribcd as followq :
Beginning at the northeast corner of said Lot 52, thence S.66033'30"W.,
140.38 feet along the nr,rtherly line of said lot; thonce S.10021'30"E., 99.00
feet along a lire that is parallel with the canterly Jinc of said lot; thence
N.86033'30"t',,, 140.38 feet along a line that is parallel with said northerly
line of Lot 52 to the easterly line of said lot; thance 11.10027'30"W., 99.00
feet along said easterly line to the point of beginning.
G
III - I
, '�� , l � /, -' .. � - 1' � � � �'� - .�.I SII - , LL � . • � _ - � - -_. _ � j I � � j 1 I
of r%1 � �'�•' 1 : I ~ ' I`: •I I` 1` � I \�� �� N
�V ___ �� I `SII .! --�� ���� - ♦V �ti � i � � 1 � � I �.�
Ate,—f_+--r-•__•_'-._•a• -_.__ _._
Ad
k
A • 1
1 j,l
tl
.1
II 1. A❑ eas��eet fuc rn)r line ?nchorc and inci•;c^tol rurros by deet
1
recorded ttov,_raber 201 19`3, in Pool 2618, P<;^ 1 9, Official Records.
•I
i
li
I;
1
7� I�
i�
71 it ,
�j
22 II
i.
.J !i
2 ii
i,
26
' 1N./Lkvelop nt, C>x:n 1lpat,rt Recreation
Attn: Joan Ilayc:;
EMMA:
A:
:,_:ssor: Forrest R. Dunivin and Marl.ijo Dunivin
Oran_le County Harbors, rjoaches, and 11axks Di strict
in connection with the of the suhjcct parcel,
-•nclosed are t:hn foLlonlug f,r your fi.l.c:
i`—% Conformed copy "f Contract
--% Policy of Title Insut::RLcc
iQ Copy of lct'l:cr to Do:u•d or Supervisors
/'Ti,/ Confoivrd carry pi I+'Iar A,In:rlirytt.
,'itle acquired/14bxLr': l.y: L % Grant Decd Q% Easement Deed
1Y% Lease Arlrc vx:int
,
recorded in Official RE cord:: of. Orange County on F'ibru.iry 23, 1978. ,
i.n Book 12574 Pa, 1153
G=ORGE Ii. C01z1v,CK
MMAGER
Carol E. Arminc, Escrow Clerk
Encl. RECEIVE^
cc: Q F V.%RcL;ulation FEB 281978
Current: 1'l uuu i n; "U(I Dr.velopI1.crnt Divi Lion
F. W. Oison, HallagCr E. M. A.
Attn: R. W- Lund fisc Section '(kith mao)
AUditor-Controller, Attn: Clams Section (with cY)py of Lease Agreemnt)
l l San Jain Capi-':tr,ll,u IliStOr.ic,jl Societe (With Cally of lease agreement)
N.;
�.xj ur.ln�le Connl.y i:i:anrir•,li C'culr,i:;::io,l (•.ii'.h r=,.r,` of 1,•:1rev 'Igrr�e:ment)
•\
S-.12 11 t w _ (:;P,!NI•ui P:_,LaCr: Divi.::lrm (vit11 tt)L,y cit Leat;(.- a,grecerent)
'pIJI�ITYO'rr 1 f�ANGE
T. R.EGAN
\ n GENERAL
SERVICES AGENCY
srArL AM KRAUSE
AiLK DIRECTOR
FACILITIES
& RCAL PROPERTY
rTART
!'EJ)ruary 27, 1978
REAL ESI ATE DIVISION
GEORGE 11, CORMACK, MANAGER
-.A 557-4
400 CIVIC CENTLR OR, WEST
Historical Sites
P.O. bOX 4106
SANTA ANA. CA 9:702
(7141 0x40550
' 1N./Lkvelop nt, C>x:n 1lpat,rt Recreation
Attn: Joan Ilayc:;
EMMA:
A:
:,_:ssor: Forrest R. Dunivin and Marl.ijo Dunivin
Oran_le County Harbors, rjoaches, and 11axks Di strict
in connection with the of the suhjcct parcel,
-•nclosed are t:hn foLlonlug f,r your fi.l.c:
i`—% Conformed copy "f Contract
--% Policy of Title Insut::RLcc
iQ Copy of lct'l:cr to Do:u•d or Supervisors
/'Ti,/ Confoivrd carry pi I+'Iar A,In:rlirytt.
,'itle acquired/14bxLr': l.y: L % Grant Decd Q% Easement Deed
1Y% Lease Arlrc vx:int
,
recorded in Official RE cord:: of. Orange County on F'ibru.iry 23, 1978. ,
i.n Book 12574 Pa, 1153
G=ORGE Ii. C01z1v,CK
MMAGER
Carol E. Arminc, Escrow Clerk
Encl. RECEIVE^
cc: Q F V.%RcL;ulation FEB 281978
Current: 1'l uuu i n; "U(I Dr.velopI1.crnt Divi Lion
F. W. Oison, HallagCr E. M. A.
Attn: R. W- Lund fisc Section '(kith mao)
AUditor-Controller, Attn: Clams Section (with cY)py of Lease Agreemnt)
l l San Jain Capi-':tr,ll,u IliStOr.ic,jl Societe (With Cally of lease agreement)
N.;
�.xj ur.ln�le Connl.y i:i:anrir•,li C'culr,i:;::io,l (•.ii'.h r=,.r,` of 1,•:1rev 'Igrr�e:ment)
•\
S-.12 11 t w _ (:;P,!NI•ui P:_,LaCr: Divi.::lrm (vit11 tt)L,y cit Leat;(.- a,grecerent)
Then recorded mail to: Free recording requested pursuant
'ity of San Juan,Capistrano to Government Code 6103
12400 Pareo Adelanto EXEMPT
'an Juan Capistrano,CA 92675 C11
. Notice of Termination of Lease
84-449440
As of this /q #` day of October, 1984, the San Juan Capistrano
Historical Society, a California Corporation, (the "LESSEE") and
Forrest Dunivin and Marlijo Dunivin (the "LESSORS") hereby terminate
that lease entered into dated November 1S, 1973 by and between
LESSEE and LESSORS as executed by said parties and recorded April 8,
1974 in Book 11113, Page 159S, Official Records.
m
s
Ix LU W&n
� S
LUu
i orrest Dunivin
G'• '� U�t'4
O
Z
Mar ijo nivin
SAN JUAN CAPISTRANO HISTORICAL
SOCIETY, a California Corporation RECDRDiNGREQUESTED BY
TICOR TITLE INS. CO. OF CALIF.
RECORDED IN OFFICIAL RECORDS
/� � OF ORANGE COUNTY, CALIFORNIA
BY SoiC2/, � .V ✓�id
Barbara S. Davies -150 PM OCT 31'84
COUNTY
NECOADER
State of
County of
On this the day of 1984, before me,
the undersigned Notary
Public, personally appeared ,
[ ] personally known to me [ ] proved to me on the basis of
satisfactory evidence to be the personCs) who executed the within
instrument as or on behalf of the
corporation therein named, and acknowledged to me that the corpora-
tion executed it.
WITNESS my hand and official seal.
Notary's igna ure
CORPORATE ACKNOWLEDGMENT 84-44944n NO. 202
State of California
SS.
County of Orange
OFFICIAL SEAL
MARY ANN HANOVER
NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1988
gid(
On this the 19 tlday of October 198 4 , before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Barbara S. Davies
EX personally known to me
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
President oron behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal;
CAT. NO. NNO0627
TO 1994 CA (1-83) TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTY OF Orange } SS.
On October 19. 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared Forrest Dunivin
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whose name is subscribed to the
within instrument and acknowledged that lie exe-
cured the same.
WITNESS my hand and official seal.
Signature /•
Susan V. Darwin
(This arca for official notarial seal)
CAT. NO. NNO0627
TO 1944 CA (1-83) TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTYOF Orange } SS.
On O r r nlh p r 19 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared Marl.ijn Dunivin
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the
within instrument and acknowledged thatshe exe-
cured the same.
WITNESS my hand and official seal.
Signature �i"'ul�r
Susan V. Darwin
E::::�l
OFFICIAL SEAL
r a
MJSAM V DARWIN
l^
NO -;,F ( PUPI '.0 - CALF-ORNIA
ORANGE COUNTY
My comm, expires SEP 30, 1987
(This arca for official notarial seal)
CAT. NO. NNO0627
TO 1944 CA (1-83) TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTYOF Orange } SS.
On O r r nlh p r 19 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared Marl.ijn Dunivin
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the
within instrument and acknowledged thatshe exe-
cured the same.
WITNESS my hand and official seal.
Signature �i"'ul�r
Susan V. Darwin
(This arca for official notarial seal)
E::::�l
FFICIAL SEAL
SUSAN V DARWIN
ry 1� ici IC - Cnl_IFORNIA
CRAPJGE COUNTYcomm.
expires SEP 30, 1987
(This arca for official notarial seal)
� . Frame r2-C,C�� i lG� ✓/�t� tiP.Si� �.
� • , }��nrS:,�q .nT —Cp\O LTOYv'E ren r�n.2✓�T
�P'.0 T� o� Sof, Jean C���zsT.u.,� Cie coto� 84-449439
3 D0 I��Seo AdEI9�TJ
RECDRDING REQUESTED By
Cft �?Z-b 7�;:- TICOR TITLE INS. Co. OF CALIF.
/ RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-150 PM OCT 31'84
EXEMPT
EM
NOTICE OF TE
OF LEASE
COUNTY
RECORDER
z
0
z
As of this /9"4 day of October, 1984, the CITY OF SAN JUAN
CAPISTRANO (the "Lessee") and FORREST DUNIVIN and MARLIJO
DUNIVIN (the "Lessor") hereby terminate that certain Lease
Agreement dated February 14, 1978, recorded February 23, 1978
in book 12574 page 1158, Official Records of Orange County,
by and between Lessor and the Orange County Harbors, Beaches
and Parks District (the "District") as superseded by an
Agreement of Novation between the Lessee, the District and the
County of Orange executed by said parties and recorded
August 10, 1979 in book 13265 pag
Orange County.
I Y OF Al UAN CAPISTRANO/
RY L. HAUSDORFER, MAYOR
ATTEST:
1
[MARY ANNA OVE , ITY CLERK
fn
C11%
m
12
84-449439
STATE OF CALIFORNIA )
ss.
COUNTY OF Orange )
On October 19 1984 before me, the
undersigned, a Notary Public in and for said State, personally
appeared Marlijo Dunivin
personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged that
she executed the same.
WITNESS my hand and official seal. `
Susan V. Darwin
(SEAL)
OFFICIAL SEAL
SUSAN V DARWIN
m ;Y NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires SEP 30, 1987
84-449439
STATE OF CALIFORNIA )
ss.
COUNTY OF Orange )
On October 19, 1984 before me, the
undersigned, a Notary Public in and for said State, personally
appeared Forrest Dunivin ,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged that
he executed the same.
WITNESS my hand and official seal.
Susan V. Darwin
(SEAL)
OFFICTAL SEAL
SUSAN V DARWIN
of NOTARY PUBLIC - CALIFORNIA
COUNTY
aero.^` My comm.m.expires SEP 30, 1987
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this ?.%-6 day of
October
g4-449439
in the year 1984 before me, the undersigned, a Notary Public
in and for said State, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed this instrument as the Mayor
(insert title of the officer)
of the City of San Juan Capistrano
(name of public corporation, agency or political subdivision)
and acknowledged to me that the
Citv of San Juan Capistrano
(public corporation, agency or political subdivision)
executed it.
OPPICIAL SEAL
AAARY ANN HANOVER
m NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
MY comm. expires APR 20, 1985
State of California 1
} SS.
County of . Qranqe 11
OFFICIAL SEAL
MARY A CARLSON
NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My comm. expires JAN 5, 1988
Signatur,Ay of N "tary Public
ltl'02e%Y 'aw'l /Lx/O ✓E
Name typba or printed
On this the day of October 19-k-4-, before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
E] personally known to me
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrumerA fticipal
City Clerk Groin behalf 1oonf the/corporation therein
named, and acknowledged to me that the�CulpGI�tICiiiWuted it.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION -23012 Ventura SWd.- W=11and Hills, CA 91304
AGENDA ITEM September 18, 1984
TO: Stephen B. Julian, City Manager
FROM: Bob Boone, Director of Administrative Services
SUBJECT: Gift to the City - Montanez Adobe (Dunivin)
STTTIATTnM
The City's Community Redevelopment Agency is currently in escrow
to purchase the Dunivin property on Los Rios Street.
As a condition of the purchase, the sellers, Forrest Dunivin and
Marlijo Dunivin, have elected to gift the Adobe to the City to
ensure its historical status within the City. The City currently
has a long-term lease on the property with the Dunivinsfor preser-
vation purposes.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The City will continue to pay for the maintenance and security on
the property.
ALTERNATE ACTIONS
1. Approve the attached Resolution authorizing the acceptance of
the Montanez Adobe as a gift to the City.
2. Do not approve the attached Resolution.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the attached Resolution authorizing the accep-
tance of the Montanez Adobe as a gift to the City.
Respectfully submitted,
,Z
Bob Boone
BB/pjs
Attachment
FOR CITY COUNCIL AGENDA ee4 - -
N3
RESOLUTION NO. 84-9-18-4
ACCEPTING GRANT DEED FROM DUNIVINS
MONTANEZ ADOBE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
GRANT DEED FROM DUNIVINS REGARDING ASSESSOR'S
PARCEL NO. 121-143-14 (MONTANEZ ADOBE)
WHEREAS, Grantors Forrest R. Dunivin and Marlijo
Dunivin hereby propose to convey by gift to the City of San Juan
Capistrano certain real property more particularly described as
Tract 103, Lot 52, portion of lot, Assessor's Parcel No.
121-143-14 to the City of San Juan Capistrano; and,
WHEREAS, the City of San Juan Capistrano desires to
accept the conveyance of said real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano that the Grant Deed by Forrest R.
and Marlijo Dunivin conveying fee title to that certain real
property more commonly known as Tract 103, Lot 52, portion of
lot, Assessor's Parcel No. 121-143-14 is hereby authorized and
accepted.
BE IT FURTHER RESOLVED, that the City Manager, or his
designated representative, is hereby directed to take appropriate
administrative steps to accept said Grant Deed, including the
execution of appropriate legal documents, and cause same to be
filed with the County Recorder's Office following close of
escrow.
PASSED, APPROVED AND ADOPTED this 18th day of
September 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
-1-
RESOLUTION NO. 84-9-18•-4
ACCEPTING GRANT DEED FROM DUNIVINS
MONTANEZ ADOBE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
GRANT DEED FROM DUNIVINS REGARDING ASSESSOR'S
PARCEL NO. 121-143-14 (MONTANEZ ADOBE)
WHEREAS, Grantors Forrest R. Dunivin and Marlijo
Dunivin hereby propose to convey by gift to the City of San Juan
Capistrano certain real property more particularly described as
Tract 103, Lot 52, portion of lot, Assessor's Parcel No.
121-143-14 to the City of San Juan Capistrano; and,
WHEREAS, the City of San Juan Capistrano desires to
accept the conveyance of said real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano that the Grant Deed by Forrest R.
and Marlijo Dunivin conveying fee title to that certain real
property more commonly known as Tract 103, Lot 52, portion of
lot, Assessor's Parcel No. 121-143-14 is hereby authorized and
accepted.
BE IT FURTHER RESOLVED, that the City Manager, or his
designated representative, is hereby directed to take appropriate
administrative steps to accept said Grant Deed, including the
execution of appropriate legal documents, and cause same to be
filed with the County Recorder's Office following close of
escrow.
PASSED, APPROVED AND ADOPTED this 18th day of
Seatember , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
-1-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the day of
� u• �.�i/�_✓
a o
/N/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the day of
she caused to be posted:
RESOLUTION NO.
being: ACCEPTING GRANT DEED FROM DUNIVINS
MONTANEZ ADOBE
A RESOLUTION OF TEX CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
GRANT DEED FROM DUNIVINS REGARDING ASSESSOR'S
PARCEL NO. 121-143-14 (MONTANEZ ADOBE)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
7111
MARY ANN,/,HANOVER, CITY CLERK
San Juan Capistrano, California
-2-
DEED AUTHORIZATION
This is to certify that the interest in real property
conveyed by the Grant Deed dated ,
1984 from MARLIJO DUNIVIN AND FORREST DUNIVIN to the CITY OF
SAN JUAN CAPISTRANO, a municipal corporation (the "City"), is
herby accepted by the undersigned officer or agent on behalf of
the City pursuant to authority conferred by Resolution No. 84-9-18-4
of the City adopted by its governing body on September 18
1984 and the City as Grantee consents to recordation thereof by
its duly authorized officer.
Dated: Sant mhar IS 1984 CITY OF SAN JUAN CAPISTRANO
Bi
y:
G Hausdorfer, May r
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On this lR*h day of CAP+-AmhAr , 1984, before
me, a Notary Public in and for said County and State,
personally appeared c^-a,.� L. Ha>,}sdorfer , personally
known to me (or proved to me oil' the basis of satisfactory
evidence) to be the person who executed this instrument as
the Mayor of, the City of San Juan Capistrano
and acknowledged to me that the City of San Juan Capistrano
executed it.
(SEAL)
OFFICIAL SEAL
MARY ANN HANOVER
3 NOTARY PUBLIC - CALIFORNIA
ORMIGE COMM
My comm. ex" APR 20, 1988
2299/03
1, _
AGENDA ITEM December 5, 1979
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Amendment to Lease - Boundaries (Montanez Adobe)
SITUATION
Last July when the City accepted the lease of the Montanez Adobe from the County,
the owner, Forrest Dunivin, indicated he would like to change the property boundaries.
Mr. Dunivin has now formally requested a change in the north to south boundary from
99 feet to 77 feet, and a change in the east to west boundary from 140 feet to
146 feet. The change would reduce the,side yard on the south and would slightly
increase the backyard area. The Cultural Heritage Corumissicn has approved the
boundary change and does not believe the new boundaries would restrict the use of
the building.
FINANCIAL CONSIDERATIONS
There are no financial implications to the City by this action.
ALTERNATE ACTIONS
1. Approve the request for a change in the boundaries of the Montanez Adobe from
99' X 140' to 77' X 146' and authorize the City Attorney to record the change.
2. Deny the request.
3. Alter the request.
RECOMMENDATION
By motion, approve the request for a change in the boundaries of the Montanez Adobe
from 99' X 140' to 77' X 146' and authorize the City Attorney to record the change.
Respectfully submitted,
I 0� Y
W.
WDM : Murphy
:PH/ren
Encl.
FOR CITY COUNCIL AGENDA u
1 1
P,701�&;FY LINZ
PROPOSC,' P,C,fPTY L/Af
I LINN
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I
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MY OF SPS'il JUAN CAPISTRANO
F PA R T N4, ru M T OF PUBLIC VRO'VC,
BK 13550P6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1289
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, do hereby certify that the attached instrument was duly approved
and accepted at a Regular sleeting of the City Council of the City of San Juan
Capistrano held on December 5 , 1979
Mary An- a over, City Clerk�-
Dated: December 19, 1979_ City of San Juan Capistrano
State of California
SS.
County of Orange
City of San Juan Capistrano
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm, expires DEC 28. 1981
GENERAL ACKNOWLEDGEMENT FORM
On this the 24 th day of January 19 88 0 , before me,
the undersigned Notary Public, personally appeared
FORREST R. DUNIVIN
known to me to be the person(s) whose name(s) ; s subscribed
to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
3333
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
BATPAPT 15 v � 2 RM. APR 2 1989
-- LEE A. BRANCH, Coil,/ cordo
RECORDING REQUESTED BY AND WHEN RECORDI
RECORDED RETURN TO: GOVERNMENT CODE SECTION 6:03
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto `MARY ANN OVER, City Clerk
San Juan Capistrano, CA 92675 San JuW Capistrano, California
Amendment to Boundary Description Pursuant to Lease Agreement
dated February, 1978, (GA 557-4, Historical Sites), and
Contained in Agreement of Novation (No. D-79-064), dated
July 31, 1979, and further Identified as Document No. 15312,
Book No. 13265, Page No. 796, Recorded August 10, 1979,
Official Records of Orange County.
Amendment to Boundary Description was requested by Lessor (Dunivin)
and approved by the Tenant (City of San Juan Capistrano) on
December 5, 1979 and said amendment is described below:
FACILITY: Montanez Adobe DATE: December 5, 1979
ESTATE: Lease
FACILITY NO. GA557
PARCEL NO. 4:
WRITTEN: F.C.B.
CHECKED: W.E.P.
That portion of Lot 52 of Tract No. 103, in the City of San
Juan Capistrano, County of Orange, State of California, per map
recorded in Book 11, Pages 29 through 33 of Miscellaneous Maps,
in the Office of the County Recorder of said County described as
follows:
Beginning at the northeast corner of said Lot 52, thence
5.86033'30"W., 140.38 feet along the northerly line of said Lot;
thence 5.10027'30"E., 77.00 feet along a line that is parallel
with the easterly line of said lot; thence N.86033'30"E., 146.00
feet along a line that is parallel with said northerly line of
Lot 52 to the easterly line of said lot; thence N.10027'30"W.,
77.00 feet along said easterly line to the point of beginning.
TENANT
CITY OF SAN JUAN CAPIST 0
L
KENNETH E. FRI SS, MAYOR
PAM �1��iikl-
` • a -
AS TU FORM: p
By
JAMES S. OKAZAKI, CIVY ATTORNEY
LESSOR
R.
BY
MA IJO/DUNIVIN
G.
Cr
CD
C)
N
Co,
Co
STATE OF CALIFORNIA,
ss.
COUNTY OF Orange 717171
City of San Juan Capistrano
EGOOFFICIAL SEAL
CHF4"' A .JOHNSON
NOTARY PUBLIC - CALIFORNIA
u3AN0E COUNTY
My comm. expires DEC 28, 1981
State of California
1 SS.
County of Orange j
City of San Juan Capistrano
OFFICIAL SEAL
CHERYI A JOHNSON
m NOTARY PUBLIC - CALIFORNIA
O::AA- COUNTY
My comm, expires DEC 28, 1981
GENERAL AORNOWLEOGEMENT FORM
BK 135E0PG 1290
ON January 2 19 80
before me, the undersigned, a Notaryy Public in and for the said State, personally appeared
KENNETH E. FRIESS _ _ _ , known to me to be the
Mayor PPtfSFrf4pt, and_ _ MARY ANN HANOVER , known to me
to be theCitY Clerk $el:fe1a10Nof City of San Juan Capistrano
the,Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
On this the 27th day of
March
19 8 0 , before me,
the undersigned Notary Public, personally appeared
MARLIJO DUNIVIN
known to me to be the person(s) whose name(s) is subscribed
to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
AGENDA ITEM July 5, 1979
TO: James S. Mocalis, City Manager
FROM: Pamela Hallan, Secretary, Cultural Heritage Commission
SUBJECT: Montanez Adobe Lease Transfer
SITUATION:
The Montanez Adobe, located on Los Rios Street, is a building
listed on the National Register of Historic Places. On February 14,
1978 the County of Orange leased the building from Forrest and
Marlijo Dunivin for the purpose of restoration. Unable to continue
the projects, the County offered its lease to the City and on December
6, 1978 the City Council accepted. Documents transferring
the lease to the City have been forwarded for execution. The
first is the agreement of novation which releases the County
from its lease agreement with the Dunivins and the second is
the document which assigns the lease to the City and releases
revenue sharing funds to the City for the restoration.
FINANCIAL CONSIDERATIONS:
The County intends to transfer $19,883.16 (minus administration
costs) to the City for the restoration. This is included in
the $106,000 proposed for the project in the 1979-80 budget.
Also, the City has applied for an Historic Preservation Act
Grant in the amount of $40,000 to offset the cost.
ALTERNATE ACTIONS:
1. Approve the agreement of novation and authorize the Mayor
to execute it on behalf of the City.
2. Approve the lease transfer agreement and authorize the Mayor
to execute it on behalf of the City.
3. Reject the agreements and send them back to the County.
RECOMMENDATIONS:
By motion, approve both the agreement of novation and the lease
transfer agreement and authorize the mayor to execute them on
behalf of the City.
Respectfully submitted,
Pamela Hallan JOR CITY COUNCIL AGENDA . 3
PH:pkw