08-1104_SUPERIOR AUTO OF SJC DBA TOYOTA/SCION OF SJC_License Agr 2nd AmdSECOND AMENDMENT TO THE LICENSE
AGREEMENT FOR TEMPORARY VEHICLE STORAGE
This Second Amendment to the Temporary Vehicle Storage License Agreement is
made and entered into this 2 t day of February 2010, by and between the San Juan
Capistrano Community Redevelopment Agency (hereinafter the "Licensor") and Hogan
SKR dba, Capistrano Toyota -Scion, (hereinafter the "Licensee") sometimes referred to
together as the ("Parties").
RECITALS
Whereas, On September 4, 2007, the Licensor and Superior Auto of SJC, LLC, dba,
Toyota/Scion of San Juan Capistrano (hereinafter the "Original Licensee") entered into a
License Agreement (hereinafter "License Agreement") with respect to a portion of real
property owned by Licensor (commonly referred to as "Lower Rosan Ranch" APN 121-240-
73, 121-253-13, and 121-253-15) for temporary storage of vehicle inventory; and,
Whereas, Original Licensee is permitted to use approximately four (4) acres of the
Lower Rosan Ranch property to store vehicles in accordance with the terms of the license
agreement; and,
Whereas, On November 4, 2008, the Agency consented to a request from the
Original Licensee to assign the License Agreement to Mr. Roger Hogan, future successor -
in -interest of the Toyota store to be called "Capistrano Toyota • Scion" hereinafter "Current
Licensee"; and,
Whereas, Current Licensee is utilizing approximately one and one half (1 '/Z) acres of
the permitted four (4) acres for the purpose of vehicle storage due to the economic
downturn; and,
Whereas, Current Licensee has requested a fee waiver for the period between
February 1, 2010 and December 31, 2010; and,
Whereas, it is in the best interest of the community to help facilitate long-term and
profitable operations of the automotive industry which is the city's largest segment of sales
tax generation; and,
Whereas, the Agency agrees to reduce the license fee in lieu of a fee waiver.
NOW, THEREFORE, in consideration of the foregoing recitals, the Parties hereby
agree as follows:
A. Section 1(e) "Consideration/Fee for License" is amended to establish the monthly
license fee of one thousand five hundred ($1,500.00) dollars per month from
February 1, 2010 tru December 31, 2010. On January 1, 2011, the $8,000.00
monthly license fee shall be reinstated.
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B. All other terms and conditions of the said Original Agreement and its First
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date
and year first written above.
Licensor:
San Juan Capistrano Community
Redevelopment Agency, a public
body corporate and politic
1 aura Freese, Chairman
Agency jSecretary
Approveda,,4to Form:
Licensee:
Hogan SKR dba, Capistrano Toyota
-Scion
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