1985-0521_CAPISTRANO, LTD, SAN JUAN_Agreement86:40TT3T, 4ity Copy"
RECORDING REQUESTED BY AND RECORDING FEES EXEMPT
WHEN RECORDED RETURN TO: EXEMPT DUE TO GOV'T. CODE
City of San Jula-FETTVITtrano C1rJ SECTION 6103
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 MARY ANNiOVER, City
Clerk/San Juan Capistrano _
California I RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
AGREEMENT
-11 oo 4M SEP 8'86
THIS AGREEMENT is made on this 21st da of May `�^^ �yyy / j
Y y _ 7 (.i I Wa K I�FCOME
GOUNTVf
RECORDER
1985, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal
corporation, hereinafter referred to as City, and SAN JUAN
CAPISTRANO, LTD., a California Limited Partnership, hereinafter
referred to as Developer.
WHEREAS, Developer has received approval to construct an
office project from City at the location of the Northwest corner
of Los Rios Street and Del Obispo Street, San Juan Capistrano;
and
WHEREAS, as a condition of approval, Developer was to have
preserved a mature pepper tree at the above site location; and
WHEREAS, as a result of development activity at the site, the
mature pepper tree died;
NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND
DEVELOPER AS FOLLOWS:
1. In consideration for City's approval of Developer's
building plans and issuance of a building permit to commence
construction immediately, Developer shall install two (2) 72 -inch
box native liveoak trees (Quercus Herifolia) at suitable locations
consistent with Developer's improvements on the property, to be
8640TT3T.
approved in writing by the Director of Planning and Development,
within fifteen (15) business days of Developer's request for
designation of location(s). The liveoaks shall be planted not
later than that point of time at which Developer seeks occupancy
permits for the office project.
2. Developer has deposited with the City, prior to the
execution of this Agreement, a cashier's check in the amount of
$8,000 which said funds constitute security for the guarantee of
performance of the requirements of Paragraph 1 of this Agreement.
3. In the event that Developer fails to install the live -
oaks pursuant to the time requirements set forth in Paragraph 1 of
this Agreement, the City shall have the immediate and automatic
right to enter upon Developer's property for the purpose of
installing two native liveoaks as required by Paragraph 1 hereof.
The cost of the trees and reasonable administrative expenses
incurred by the City shall be charged against the $8,000 security
deposit of Developer.
4. In consideration of Developer's destruction of the
mature pepper tree, Developer also agrees to maintain the two
native liveoak trees in good care throughout their normal antici-
pated lifespan.
5. The $8,000 deposit shall be returned to Developer a year
from date of the liveoak trees' installation.
6. City shall be entitled to attorney fees in the event
that City is required to file a legal action to enforce any
provision of this Agreement.
86_407737. �
7. This Agreement shall be binding upon all assignees,
successors in interest, heirs or devisees to Developer.
SAN JUAN CAPISTRANO, LTD.,
a California Limited Partnership
Gerferal Partner
APPROVED AS TO FORM:
John , City Attorney
CITY OF SAN JUAN CAPISTRANO
BY
4PHILXIP-R.•/
ATTEST:
Mary Ann H over, City Clerk
r
CAT. NO. NNO0630
TO 21Y46 CA f,, * X
(Partnership}..4037 O TICOR TITLE INSU�NCE
+.
STATE OF CALIFORNIA )}
COUNTY OF Los Angeles / Ss. ,
c
On L1uit.LS"1
%,, IuL before me, the undersigned, a Notary Public in and for
said State, personally ap ared Gerald ,T. Cha7,an
, personally known to me or
proved to me on the basis of satisfactory evidence to be
Ace P&reson 2 who executed the within instrument as
4iErl1[E partnerocof the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
,� Signature - i, v < I l '1- l f
CORPORATE ACKNOWLEDGMENT
OFFICIAL SEAL
N�ANNCyY L t16MITTER
Ewe:: tA8 ANO � �l
W' damn. 6m. Aup.9,1997
(This area for of kw notarial ")
NO. 202
State of California On this the J day of 1986 , before me,
County of Orange SS. Mary Ann Hanover
JJ the undersigned Notary Public, personally appeared
Phillip R. Schwartze
EX personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the personol who executed the within instrument
mug ci al
Manor oron behalf of th�c rporaflon therein
OFFICIAL SEAL municlppai
MARY ANN HANOVER named, and acknowledged tome that the �orporatldn executed it.
NOTARY PUBLIC - CALIFORNIA WITNESS my hand and official seal.
ORANGE COUNTY
Nly comm. aulires APR 20, 1988
1120122 NATIONAL NOTARY ASSOCIATION • 23012 V9ntufa 6Nd. • P.O. Box 4625 • woodland Hille CA 91365-4525
CORPORATE ACKNOWLEDGMENT NO. 202
State of California
On this the`SL�: day of >441y .4: =�_ 19 86 , before me,
SS.
County of Orange
Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
IC personally known to me
❑ proved to me on the basis of satisfactory evidence
OFF:CiAL SEAL
to be the person(g) who executed the within instrument as.
Cit Clerk municl1DDalt
City
MARY A CARLSON
or behalf of ih orp'ratton herein
m NOTARY PUBLIC - CALIFORNIA
munic3 p�nl
named, and acknowledged to me that thatcorporatibn executed it.
ORANGE COUNTY
comm. expires JP,N S, 1388
WITNESSmyy/hand alsejall.
amand off
Notary's qghature
1120122 NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. 0 PO. Bo.4625 • woodland Hill CA 91365-4625