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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