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1990-0605_FRANCISCAN PLAZA INVESTMENT_Lease ()0. f����'? Record Fees Exempt Due to Gov't Code 7 tt J Section 03: Documentary Transfer Tax - No Consideration EXEMPT C h,r�rkr �(lLf1U � City Clatk, ity of Saff Juanv Capi rano Recording Requested By and ) RECORDED IN OFFICIAL RECORDS When Recorded Mail TO: ) OF ORANGE COUNTY,CALIFORNIA San Juan Capistrano Community j Em. AUG1990 1 Redevelopment Agency ) P.M. Attention: City Clerk ) , n / 32400 Paseo Adelanto ) Q•`6+c�,RECORDER San Juan Capistrano, CA 92675 ) (Space above for Recorder ' s use only) THIS LEASE AGREEMENT is dated as of ✓atm S 1990 by and between FRANCISCAN PLAZA INVESTMENT GROUP, a California limited partnership (the "Lessor") and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Lessee") . W I T N E S S E T H: That for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows : SECTION 1: Definitions . Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Lease, have the meanings herein specified. Agreement "Agreemei—,L" iaeans that owner participation agreement entered into between. the Lessor and the Lessee for the disposition and development of various property (including without limitation that property described in Exhibit A to this Lease) , dated December 15, 1987, together with, and as amended by the First Amendment to the owner participation agreement dated October 17, 1989 . A copy of said Agreement, which is on file with the Lessee at its offices , is incorporated herein by reference. Base Rent "Base Rent" means that rent due for the Project as defined in Section 4 (a) of this Lease. �y "City" means the City of San Juan Capistrano, a municipal corporation. Lessee or Agency "Lessee" or "Agency" means the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic . Lessor or Participant "Lessor" or "Participant" means Franciscan Plaza Investment Group, a California limited partnership. The Lessee shall be entitled to make payment to Franciscan Plaz6 Investment Group, which payment shall discharge its obligations for payment hereunder to the Lessor. Franciscan Plaza Investment Group shall be liable and responsible for all of the undertakings , duties and covenants of the Lessor set forth in this Lease or arising therefrom. Public Improvements "Public Improvements" means those improvements so described in the Agreement . Parking Facility "Parking Facility" means the structure to be completed on the Site as depicted on Attachment No . 1 to the Agreement . Redevelopment Plan "Redevelopment Plan" means the Redevelopment Plan which was approved, adopted and amended by the City Council of the City of San Juan Capistrano by Ordinance Nos . 509 , 547 and 582 . Rental Period "Rental Period" means the period with respect to which Rent is payable pursuant to Section 4 (a) of this Lease. Site "Site" means that real property so described in the Agreement and the "Legal Description of the Site" which is attached hereto marked Exhibit "A" and incorporated herein by reference. 04/02/90 8599n/2299/30 -2- Term "Term" means the period of fifty-five (55) years . SECTION 2 : Demised Premises Ownership. The Lessor hereby leases the Parking Facility, when the same is constructed according to the Agreement, to the Lessee, subject to the terms and conditions of this Lease. SECTION 3 : Term. The Term of this Lease shall commence on the date of issuance of the Certificate of Completion for the Parking Facility. This Lease shall terminate at the end of the Term. This Lease, and any provisions hereof, shall not be extended without the express written approval of the Lessee which approval the Lessee may grant, withhold, or deny at its sole and absolute discretion. SECTION 4 : Rent . The Lessee shall pay rent to the Lessor in the amounts, at the times and in the manner set forth herein, said amounts constituting in the aggregate the total of the annual rents payable under this Lease as follows : (a) Rent . For each of the periods (the "Rental Periods") commencing six (6) months from the date the City allows the occupancy of the Parking Facility through the issuance of the Certificate of Occupancy or a Temporary Certificate of Occupancy on the Parking Facility in conformity with the Agreement and continuing according to the schedule below for the first six (6) Rental Periods and thereafter on an annual basis, the Lessee agrees to pay to the Lessor as the Base Rent the sum of One Dollar ($1. 00) . The Certificate of Occupancy or Temporary Certificate of Occupancy shall not be withheld due solely to a delay in the Participant ' s installation of the equipment necessary for commuter parking. In addition to the Base Rent, the Lessee agrees to pay to the Lessor Supplemental Rent for the first three (3) Rental Periods according to the following table: Ending In Amount of Rental Period Month Supplemental Rent 1 6 $312, 540 2 18 281, 271 3 36 250 , 024 04/02/90 8599n/2299/30 -3- At the end of the third operating year after the date of issuance of the certificate of completion for the Parking Facility, the Lessee and Lessor shall review the actual performance to determine the third year net cash flow after debt service and before distribution to the Participant as a percentage of equity. In making this calculation, equity shall be the difference between the construction lender(s) ' or permanent lender(s) determination of project value for the purposes of making the construction loan and the amount of the loan. Using this percentage the Lessee shall pay an additional amount of Supplemental Rent for Rental Periods 4, 5 and 6, ending in months 48, 60 and 72 respectively, based on the following table : Cash Flow as Additional Amount of of Equity. Sulemental Rent less than 0% 275 , 000 0% to 4 . 0% 200, 000 4 . 0% to 8 .0% 175, 000 8 . 0% to 13 . 0% 150, 000 13 . 0% to 17 . 0% 125, 000 more than 17. 0% -0- (b) Payment. Payments of Rent shall be made in lawful money of the United States of America, by warrant or check drawn against funds of the Lessee. (c) Consideration. The payments of Base Rent and, if applicable, Supplemental Rent, hereunder for each Rental Period for the term of this Lease, shall constitute the total rental for said Rental Period and shall be paid by the Lessee at the conclusion of said Rental Period. In addition to the rental, the parties agree as specified in the Agreement that Parking Revenue generated from commuter or other paid parking shall be divided between the Participant and the Agency. SECTION 5 : Construction of Project Maintenance and Operation. No duties, other than those set out in the Agreement, with respect to the construction of any improvements on the Site or the maintenance of the Site or any improvements thereon, or to provide insurance or indemnities with respect to the use of the Site shall be deemed to be imposed upon the Lessee by virtue of this Lease. Lessor and Lessee shall enter into a maintenance and operation agreement with a qualified management company (the "Operator" ) . The cost of the common area maintenance ( "CAM" ) charges shall be allocated between the Agency and the Participant in proportion to a ratio which considers the number of commuter parking spaces and commuter hours and days of operation compared to the total operational use of the 04/02/90 8599n/2299/30 -4- structure. Specifically the Agency portion of monthly CAM charges may be determined by utilizing the following formula : Agency' s portion (# of Commuter (# of working of CAM charges = Spaces) ( 122 hrs) days in month) Total CAM charges (Total # of V hrs) (# of days in Spaces) month) SECTION 6 : Use. During the term of this Lease, subject to obtaining consent by lenders of record with encumbrances senior to the Agency' s rights pursuant to this Lease and subject to the terms of the maintenance and operation agreement as described in Section 5 of this Lease, the Lessee shall have the right to use the Site, and to assign its rights hereon or enter into a sublease to any public or nonprofit entity as it deems appropriate, in its sole discretion. Both parties acknowledge that the Parking Facility is burdened with a covenant which shall run with the land to provide for public use of the facility as defined in the Agreement. The proportion of commuter and commercial parking shall be as specified in §501 of the Agreement . SECTION 7: Insurance. Throughout the Term, the Lessor shall maintain or cause to be maintained at its cost the following policies of insurance: (1) insurance against loss or damage to the aboveground portion of the Facilities resulting from fire, earthquake, lightning, vandalism, malicious mischief and such perils ordinarily defined as "extended coverage" and such other perils as the Lessor and the Lessee may agree should be insured against, if such insurance is available from reputable insurers . In the event that Lessor determines that the earthquake portion of the insurance required in this Section 7 has become economically unreasonable to obtain, it may request relief from the Agency for this requirement and the Agency shall not unreasonably withhold its permission to modify this section if it determines in its sole discretion that such a requirement has become an economically unreasonable burden. Such insurance shall be maintained in an amount not less than the full insurable value of the Facilities subject to a "deductible clause" in the amount of Ten Thousand Dollars ($10, 000 . 00) and shall contain an inflation guard endorsement . The term "full insurable value" as used in this Section shall mean the actual replacement cost "new" ; (2) public liability insurance against claims for bodily injury or death, or damage to property occurring upon, in or about the Project, such insurance to afford protection to 04/02/90 8599n/2299/30 -5- a limit of not less than Two Million Dollars ($2, 000, 000) combined single limit bodily injury and property damage with not greater than Ten Thousand Dollars ($10, 000) deductible; (3) worker ' s compensation insurance, if applicable, issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the Worker ' s Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto or in lieu thereof, such worker ' s compensation insurance to cover all persons employed in connection with the Parking Facility and to cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death during or in connection with the Parking Facility or the business of the Lessor and activities of the Lessee with respect to the Parking Facility. All insurance herein provided for shall be effected under policies issued by insurers of recognized responsibility, licensed or admitted to do business in the State of California . All policies or certificates shall name the Lessee, the City and the Lessor as named insureds , and shall include waivers of subrogation. All policies or certificates issued by the respective insurers for insurance shall provide that such policies or certificates shall not be cancelled or materially changed without at least 30 days ' prior written notice to the Lessee, and shall carry loss payable endorsements in favor of the Lessee where applicable. Certified copies of such policies (or other evidence of coverage reasonably satisfactory to the Lessee) shall be deposited with the Lessee, together with appropriate evidence of payment of the premiums therefor; and, at least 10 days prior to the expiration dates of expiring policies or certificates , certified copies of renewal or new policies or certificates (or other evidence of coverage reasonably satisfactory to the Lessee) shall be deposited with the Lessee. In the event the Lessor fails to maintain the insurance required to be maintained hereunder, the Lessee following ten (10) days ' written notice to Lessor shall have the right to procure and maintain such insurance and deduct such cost from the Rent otherwise payable pursuant to Section 4 of this Lease; provided that if all such Rent has been paid, the Lessor shall, within ten (10) days of receipt of notice by the Lessee, refund to the Lessee all such costs incurred by the Lessee, together with interest at the maximum rate allowable by law accruing from the expiration of the aforesaid ten (10) day notice period until the Lessee has been fully reimbursed with interest . 04/02/90 8599n/2299/30 -6- SECTION 8 : Damage by Casualty It is expressly understood and agreed that the rentals hereunder are in consideration of the right to occupy and use the Leased Premises throughout the entire Term, and, except as herein provided, it is the responsibility of the Lessor to provide such right at all times . In the event of destruction or damage to the Leased Premises by an insured casualty or events, where said insurance meets the criteria specified in Section 7 of this Lease, so that they become wholly or partly unusable, the Lessor shall rebuild and repair the Leased Premises so that they shall be restored to use, and this Lease shall remain in full force and effect . SECTION 9 : Eminent Domain. If the whole of the Leased Premises, or so much thereof as to render the remainder unusable for the purposes for which the same was constructed, shall be taken under the power of eminent domain then this Lease shall terminate as to only the portion of the Site so taken. If the remainder is usable for the Project purposes, then this Lease shall continue in full force and effect and shall not be terminated by virtue of such taking (and the parties waive the benefit of any law to the contrary) . The Lessor shall be entitled to receive any and all proceeds of such condemnation award or settlement . SECTION 10 : Liens . In the event the Lessee subleases or assigns its interest in this Lease, the Lessee shall take reasonable steps to assure that liens do not attach to the Property by virtue of the activities of the Leasee or that any such liens are reasonably removed. SECTION 11: Taxes . It is understood between the parties that that portion of the Parking Facility which is dedicated to public commuter parking use and leased by the Agency should be exempt from the imposition of property tax and that therefore such taxes as are imposed should represent only the value of the commercial use of the Parking Facility. If it is determined that that portion of the Parking Facility which is dedicated to public commuter use is exempt from property tax, then the Lessor agrees to pay any property taxes assessed on the Leased Premises . If there is no such exemption the property taxes shall be included as part of the CAM charges and assessed against the Lessor and the Lessee according to the CAM charge allocation set out in Section 5 of this Lease. 04/02/90 8599n/2299/30 -7- SECTION 12 : Quiet Enjoyment . The parties hereto mutually covenant and agree that the Lessee, by keeping and performing the covenants and agreements herein contained, shall at all times during the term, peaceably and quietly, have, hold and enjoy the Leased Premises . SECTION 13 : Lessor Covenants . In addition to those undertakings and covenants elsewhere set forth in this Lease by the Lessor, the Lessor covenants that Lessor shall cause the completion of the Public Improvements by the time established therefor in the Agreement. Section 14 . Option to Purchase. The Lessee shall have the right to purchase the Parking Facility at its sole option. This option may not be exercised before two (2) years after the certificate of completion has been issued on the entire project (Phase I and Phase II) , and must be exercised no later than seven (7) years after the issuance of the certificate of completion for the entire project . The Lessee and the Lessor shall begin negotiations to set the price at which the Lessee may purchase the Parking Facility and the lease back costs within thirty (30) days of the execution of the First Amendment to the owner participation agreement dated October 17, 1989 . At the time of negotiations, the Lessee and the Lessor shall agree in writing on all factors which shall be used to establish a value for the structure including, but not limited to, the following criteria : 1 . The original construction cost of the Parking Facility including hard costs, soft costs and offsites . 2 . The original cost of the land on which the Parking Facility is located. 3 . Payments the Lessor has made to the date of the purchase for financing fees, principal and interest on the portion of his financing dealing with the Parking Facility. 4 . Compensation paid to date by the Lessee to the Lessor for the lease of the structure. 5 . Such other factors as the Lessee or the Lessor may deem appropriate in establishing a value for the structure. Unless otherwise modified by agreement between the Lessee and the Lessor, upon purchasing the Parking Facility the Lessee and the Lessor shall ensure the following: 04/02/90 8599n/2299/30 -8- 1 . Adequate parking shall be maintained for the tenants of Franciscan Plaza and the Provincial Building according to conditions set forth in the Joint Parking Agreement . 2 . The Lessor shall continue to: (i) receive its share of the compensation collected by the Lessee for the paid parking and (ii) pay its share of the CAM charges . In the event that the parties are unable to come to an agreement by October 1, 1990 as to the option purchase price this option shall be terminable by either party. In the event that this section is found to be unenforceable or invalid such unenforcibility or invalidity shall not effect any other provision of this Agreement which shall remain in full force and effect . SECTION 15 : Law Governing . This Lease is made in the State of California under the Constitution and laws of such State and is to be so construed. SECTION 16 : Notices . All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party, if sent by United States registered mail , return receipt requested, postage prepaid and addressed as follows : Lessor - Franciscan Plaza Investment Group c/o Paul L. Farber and Associates � K 1 SAu.�^T�l (i1�is i/dJ./o �/4 • �i L67S Lessee - San Juan Capistrano Community Redevelopment Agency Attention: Executive Director 32400 Paseo Adelanto San Juan Capistrano, California 92675 SECTION 17: Default by Lessee: Termination. If the Lessee shall fail to pay any rental payable hereunder within sixty (60) days from the date such rental is payable, then the Lessee shall be deemed to be in default hereunder. If the Lessee should, after notice of default, fail to commence to remedy any default with all reasonable dispatch and shall thereafter fail to diligently prosecute the cure to completion, the Lessor after sixty (60) days ' notice may 04/02/90 8599n/2299/30 -9- re-enter, cure such breach and charge the Lessee therefor with interest thereof at the maximum rate permitted by law, and eject all parties in possession thereof therefrom. SECTION 18 : Assignment . The rights of the Lessee herein shall be for the benefit of the Lessee or a successor in interest to the Lessee or assignee which attorns to the Lessor . The Lessor shall accept such successor or assignee as a tenant hereunder on terms identical to those set forth in this Lease. Unless the Lessor expressly agrees to the contrary, the Lessee shall remain liable as a principal for payment of the Rent hereunder notwithstanding such assignment. SECTION 19 : Execution. This Lease may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all together shall constitute but one and the same Lease, and it is also understood and agreed that separate counterparts of this Lease may be separately executed by the Lessor and the Lessee, all with the same full force and effect as though the same counterpart had been executed simultaneously by both the Lessor and the Lessee. SECTION 20 : Validity. If any one or more of the terms, provisions, promises, covenants or conditions of this Lease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. SECTION 21: Headings . Any headings preceding the texts of the several Sections hereof shall be solely for convenience of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect . SECTION 22 : Non-discrimination. The Lessee covenants by and for itself, its successors and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions : That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national 04/02/90 8599n/2299/30 -10- origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. SECTION 23 : Subordination Lessee agrees to subordinate its rights under this Lease only to deeds of trust in favor of lenders providing construction or take out financing in connection with the Project, where said lender has executed a non-disturbance and attornment agreement in accordance with §306 of the Agreement . IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, all as of the day and year first above written. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY By6 hairman , Ken11riess "LESSEE" ATTEST: ��JJ GtlLfsv� S Cry t (SEAL) FRANCISCAN PLAZA INVESTMENT GROUP By: Pr.aAidprA , Paul Farber "LESSOR" 04/02/90 8599n/2299/30 -11- CORPORATE ACKNOWLEDGMENT NO.202 State of California On this the 14th day of June 1990, before me, SS. County of Orange Cheryl A. Johnson the undersigned Notary Public, personally app!ead Jeffrey C. Parker � personally known tome OFFICIAL SEAL El proved to me on the basis of satisfactory ence CHERYL A. JOHNSON to be the person($)who executed the within inment�s77 m NOTARY PUBLIC -CALIFORNIA Agency Secretary or on beDDua� hQ'��r�iDilaction thereinOFMGE C"TY named,and acknowledged to me that the'oorpon executed it. My mmm. expires DEC 13, 1°93 WITNESS my hand and official seal. /117 Notary's SigrMure (/ 9120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventaraelvd. • PO.90x4625 • Woodland Hlll$CA 91365-4625 STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE On this 6,r- -TH1✓L 1990, before me, a Notary Public, State of California, duly commissioned and sworn, personally appeared /Yl-=-A11YIM-7:6 -- FRieSc asci known to me to be the Chairman of the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public corporation, that executed the within instrument on behalf of said public corporation therein named, and acknowledged to me that such public corporation executed the within instrument pursuant to a resolution of the Members of said public corporation. WITNESS my hand and official seal . (SEAL) :W y OFFICIAL SEAL EILEEN FEGTE' m NOTARY PUBLIC - CALIFORNIA 'ORhNGE CWNTi MY comm. expire; ,APR 15, STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On �,-tlne- 1990, before me, the undersigned, ??, Notary Public in and for said State, personally appeared I�f1uL rA�6 personally known to me or proved to me on the basis of satisfactory eviden o bt�he� Person who executed the within instrument as the Irt of"`1:=RANCISCAN PLAZA INVESTMENT GROUP, a California limited partnership, that executed the within instrument and acknowledged to me that such partnership executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors . WITNESS my hand and official seal . (� arr`. is FFICIAL SEAL(SEAL) CI-!ERYI_ A. JOHh!SO?INOTARY PUBLIC - CALIFORNIA GRANGE CCCNTY My comm. expires DEC 13, IM 04/02/90 8599n/2299/30 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE (121-150-20) LOT 40 OF TRACT NO. 103 AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 13 . 00 FEET OF SAID LOT, BEING A STRIP OF LAND 13 . 00 FEET IN WIDTH LYING EASTERLY AND CONTIGUOUS TO THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS DESCRIBED IN DEED RECORDED FEBRUARY 27, 1936 IN BOOK 807 PAGE 286 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS : COMMENCING AT A POINT IN THE NORTHERLY LINE OF LOT 42 OF SAID TRACT NO. 103, SAID POINT BEING SOUTH 84 DEGREES 07 MINUTES 30 SECONDS WEST 202 . 60 FEET FROM THE NORTHEAST CORNER OF SAID LOT 42; THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 135 . 66 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 42, SAID POINT BEING SOUTH 84 DEGREES 28 MINUTES 00 SECONDS WEST 201.44 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 42; THENCE CONTINUING SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 84 . 18 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 41 OF SAID TRACT NO. 103 ; THENCE SOUTH 84 DEGREES 27 MINUTES WEST ALONG SAID SOUTHERLY LINE 15 . 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 9 . 50 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 9 . 50 FEET FROM THE NORTHERLY LINE OF SAID LOT 40; THENCE WESTERLY PARALLEL WITH AND DISTANT SOUTHERLY 9 . 50 FEET FROM SAID NORTHERLY LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 40; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 40 ; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 40 TO THE TRUE POINT OF BEGINNING. (121-150-21) LOT 43 , AS SHOWN ON A LICENSED SURVEYOR' S MAP, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGES 31 TO 38 INCLUSIVE, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 12 FEET. 04/02/90 EXHIBIT "A" 8599n/2299/30 Page 1 of 3 (121-150-22) THAT PORTION OF LOT 40 OF TRACT NO. 103 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTHERLY LINE OF LOT 42 OF SAID TRACT NO. 103 , SAID POINT BEING SOUTH 84 DEGREES 07 MINUTES 30 SECONDS WEST 202 . 60 FEET FROM THE NORTHEAST CORNER OF SAID LOT 42; THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 135 . 66 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 42, SAID POINT BEING SOUTH 84 DEGREES 28 MINUTES 00 SECONDS WEST 201.44 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 42; THENCE CONTINUING SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 84 . 18 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 41 OF SAID TRACT 103; THENCE SOUTH 84 DEGREES 27 MINUTES WEST ALONG SAID SOUTHERLY LINE 15 .00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 9 . 50 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 9 . 50 FEET FROM THE NORTHERLY LINE OF SAID LOT 40; THENCE LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 40; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 40; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 40 TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 13 . 00 FEET OF SAID LOT, BEING A STRIP OF LAND 13 .00 FEET IN WIDTH LYING EASTERLY OF AND CONTIGUOUS TO THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS DESCRIBED IN DEED RECORDED FEBRUARY 27, 1936 IN BOOK 807 PAGE 286 OF OFFICIAL RECORDS. (121-150-09) LOT 42 OF TRACT NO. 103 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 TO 30 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 42 , SAID CORNER BEING ON THE WESTERLY PROPERTY LINE OF THE CALIFORNIA STATE HIGHWAY: THENCE NORTH 5 DEGREES 23 MINUTES 00 SECONDS WEST ALONG THE ABOVE MENTIONED PROPERTY LINE 136 . 88 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF GARDEN STREET: THENCE SOUTH 84 DEGREES 07 MINUTES 30 SECONDS WEST ALONG THE SOUTHERLY LINE OF GARDEN STREET 202 . 60 FEET TO A POINT: THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 135 . 66 FEET TO A POINT ON THE SOUTHERLY LINE OF THE ABOVE MENTIONED LOT 42; THENCE NORTH 84 DEGREES 28 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF LOT 42, 201 .44 FEET TO THE POINT OF BEGINNING. 04/02/90 EXHIBIT "A" 8599n/2299/30 Page 2 of 3 e (121-150-12) THAT PORTION OF LOT 41 OF TRACT NO. 103 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 41; RUNNING THENCE NORTH 9 DEGREES 40 MINUTES WEST 84 .41 FEET ALONG THE WEST LINE OF SAID LOT 41 TO THE NORTHWEST CORNER THEREOF: THENCE NORTH 84 DEGREES 28 MINUTES EAST 41 . 13 FEET ALONG THE NORTHERLY LINE OF SAID LOT 41 TO A POINT WHICH IS LOCATED 201 .44 FEET SOUTH 84 DEGREES 28 MINUTES WEST FROM THE SOUTHEAST CORNER OF LOT 42 OF SAID TRACT NO. 103; THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 84 . 18 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 41; THENCE SOUTH 84 DEGREES 27 MINUTES WEST 35 . 55 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 41 TO THE POINT OF BEGINNING. (121-150-10) THAT PORTION OF LOT 42 OF TRACT NO. 103 , IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BACK 11, PAGES 29 TO 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING TO THE MOST EASTERLY CORNER OF SAID LOT, SAID CORNER BEING IN THE WESTERLY PROPERTY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE NORTH 5 DEGREES 23 MINUTES 00 SECONDS WEST ALONG THE ABOVE MENTIONED PROPERTY LINE 136 . 88 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF GARDEN STREET; THENCE SOUTH 84 DEGREES 07 MINUTES 30 SECONDS WEST, ALONG THE SOUTHERLY LINE OF GARDEN STREET, 202 . 60 FEET TO A POINT; THENCE SOUTH 5 DEGREES 52 MINUTES 30 SECONDS EAST 135 . 66 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 42; THENCE NORTH 84 DEGREES 28 MINUTES 00 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID LOT, 201 .44 FEET TO THE POINT OF BEGINNING. END 04/02/90 EXHIBIT "A" 8599n/2299/30 Page 3 of 3 RESOLUTION NO. CRA 90-8-7-1 ACCEPTING LEASE - FRANCISCAN PLAZA PARKING STRUCTURE A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING THE LEASE AGREEMENT BETWEEN THE FRANCISCAN PLAZA INVESTMENT GROUP AS LESSOR AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AS LESSEE FOR SPACES IN THE FRANCISCAN PLAZA PARKING STRUCTURE WHEREAS, in December, 1987, the Community Redevelopment Agency of the City of San Juan Capistrano entered into an Owner Participation Agreement with the Franciscan Plaza Investment Group which called for the execution of a Lease Agreement. In October, 1989, the San Juan Capistrano Community Redevelopment Agency amended this Owner Participation Agreement which modified the Lease Agreement; and, WHEREAS, this modified Lease Agreement was executed on June 5, 1990; and, WHEREAS, the County Recorder's Office has requested that a Resolution of Acceptance of this Lease Agreement be executed under their interpretation of Government Code Section 27281. NOW, THEREFORE, BE IT RESOLVED, that the San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, does hereby accept the Lease Agreement executed by the San Juan Capistrano Community Redevelopment Agency and Franciscan Plaza Investment Group on June 5, 1990. PASSED, APPROVED, AND ADOPTED this 7th day of August 1990. KENNETH E. FRIESS, CHAIRMAN ATTEST: 7#z Y ECRETARY -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, JEFFREY C. PARKER, Acting Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 90-8-7-1 adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 7th day of August 1990, by the following vote: AYES: Directors Schwartze, Hausdorfer, Buchheim, Bland and Chairman Friess NOES: None ABSENT: None (SEAL) J FMEY . PARKER, ACTING AGENCY SECRETARY -2- • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) JEFFREY C. PARKER, being first duly sworn, deposes and says: That he is the duly appointed and qualified Acting Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with City Resolution No. CRA 83-12-20-1 and on the 9th day of August , 1990, she caused to be posted: RESOLUTION NO. CRA 90-8-7-1 being: ACCEPTING LEASE - FRANCISCAN PLAZA PARKING STRUCTURE A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING THE LEASE AGREEMENT BETWEEN THE FRANCISCAN PLAZA INVESTMENT GROUP AS LESSOR AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AS LESSEE FOR SPACES IN THE FRANCISCAN PLAZA PARKING STRUCTURE 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. l J PARKER, Acting Agency Secretary S J n C pistrano Community Redevelopment Agency -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. CRA 90-8-7-1, adopted by the San Juan Capistrano Community Redevelopment Agency at a regular meeting thereof held on the 7th day of August, 1990. (SEAL) /I Cheryl JohnsorY, Ci Clerk San Juan Capistrano, California DATED: THIS 9th day of August, 1990. ' p{7[NIIWpY,Yry CERTIFICATE OF LIABILITY INSURANCE IRODyepl THIS GENIVICATE IS 11MU5 AS A MATTER OF INFORMAT{ON Farcono Insurance Agency, Inc. ONLY AND COMM& NO NIGM S.UPON TIME CENT1ACAT! MOLOBB. TMIS d!9[TIPICAT! DOES NOT AIOFNO, FAMMD OR ISM Irvine Blvd. , Suite 201 TN! COVEPAOE AFFORD59 BY TMS POLMEN BELOW. Tumtin, CA, 027843 7731 MUMPS AFFORDING COVBRAG! N41Ca Iw[D Alfa vlasa, LLC WonlnA C"tqgy symoty 33276 South Point Drive 0112 WMM00 Laguna Rills, CA 826531 AOURMA C: WLMd D: COVE MM TW FOLEaf OF INSURANCE LIMA BELOW NAVE MR It YO TIE INnRItn NAMW AMOLIE FOR Y"POLICY PEAIOO WAtCATEO.WrAnNSTIIN0INO ANY AEOUMRFMEMT TI RM OR CONDITION OF ANY CONTRA T ON 07NR ODMAWIT IAtTM RESPECT TO VWICN TMIV CFNT¢IpAT/MAY St IS.TIMO oK NAY"WAIN.YW IN&VAnUCCAMOROW ST TN!►OLrdE2 HEAEIN 0EKKIMED N MUMMY TO ALL TNt TSMs,EMCLUNONS AND C0140 OMI 0!SUCN Am FDUCaD,1100RE0ATE4NITt lNOWNLeYW1Vl SEHIR DAaAID CLAM .ouCY R lfitS CCN[RAL LNSILITY GAGM OCCURREN4 a 2,000,000 COMWACIALDGII•IWLLWLRY tFFTfLcO Wa ■ �cL,W 1MAD4 �( OCOIIA MliOlAlytlMSM Wp t CCY336120 11/16/06 11/16/05 ^lNwlw•AwW.nlw MWWN AMORIGAu !r ,iLL1.Aavq J[N1 ADGdAK 4WrtNIlK•►pA: IROONCry-Gryllpl S- 1_�,,,f�QA�A!6a 1JW I LOC wIONORA[LWRIn' f�LT�NpI[D YIYA[IAWT _ ANYAInO 1•+�LrAI ! AUOY.WWAA SODILY1NIUMY MICNLAO M)MA II•r•RMN IINIGD Ml7OA ODDLY W MrIM.O."DAyI'W IIHr.l.rf 1 .._ IRI/RIY DNMOE L IIA,KNAMI oAIIAOA MAdLIT' AUMONLY-MACCOEXT ■ ANYAI'M OTI�app ryTIIAN IGAAC A'r?% LY ASO 1 E9CE9*WIIRCLLA LIA•LITT GACP•OCCl. w"m 1 DCDun CI COANIIASAIMADC ACAYC • UOUCTW.1 N[ I:NTnnN f L�— MAIAANI Cr1A1ID1•ATIDNA W OdMO CRW'IWIL(IW M AAnWIOA/NITI,IIM••WNLf Cl[ACMMCe[NT 1 Y.Ac•LA,I+•R1•,RLII�NI S.L WKyG•GA GMIIOTS / •NOMI MIOWNONL MY,V L.L DaEAt!-IMR:Y LNR 16 Ohtll oiK WUINRMINfIIACAIIDN ,WLGAG•r{ LU ARgf••Y RYODIYWWTIMAC'u,•ADN{IOM{ San Juan Capistrano COtnunity TlodevOOPOWnt Agency in named as additional inau"d per the attached Eons rogLLired by written Oentsact r pimmiu- cmi-WAY4 MOLDBN C ON City of San Juan Capistrano 000"AMv m YNR AWAS D•tCSRIEO AOL Ikj 09.CAWNLI SM.DIe aM RINMATMM City Clerk`■ O!liea DATE TAI ROI. TNA MINING WNAWA nu.fee ^w `=m 30 mvN wmw 1►ttn 1 tyO AAalante 4WMC TOM C[RDFIrATf ROMER NAMED TO 7WLrFr,MIT FALINK TO 00110 PIMA 32600 Ci Ban 0 fa Capistrano, CA 02676 �Wom HO MUGATI W OR UAMIL"0!ANY KINDurOM TW W"AR,m A01"W m m to, D •R!•!M ACOROTSI[0n1/0t1 MACOROCORPOMTIONTttt 2,2'd rfte 2F6 Gb6;01 IWOdJ 10 trT S000-C2-SM 2 -d S060-2S4-6b6 awa2eueW g1Jadoud asijuns WdOb ;£ 9002 £2 2yTH POUCY NUMBER: CGP336129 COMMERCIAL CENBM LMIUTY INSURED: ALFA PLAZA.4LC CG 20 1G(10 93) THIS ENDORSEMENT CHA"95 THE POLICY. PLrJLW READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONMCTORS (FORM 6) TMs andontement nmdlw Inauranos pobdpd uWor lae follwAna: COMMERCIAL GENERAL LIABILITY COVERAGE PART gcft DULL Nemo of Pwwn or orpardwilan: San Juan Capistrawo Community ReAevdnpaent Agency City of Ban Jwm Capistrano 32400 Paso Addant0 San Joan Capiabw i% CA,WESTS (If no emY fiP A+w4 ia6oamadoo mQ�Yed m mnpkm dila rdstatmaat rritl b.aha i iR dw Dedw6ona u spo mbir w this aodonmtotJ WHO rS AN INSURM(Swbn Iq 1118091114114 to btdllda U sn inFLOW The f erwn Of orpoLadion a aWa in the Salatd s at an inured but.ody wAh xetpxi to%b lity ui&g out of your otiioinii opernbang patfbrined fbr that insured. ca 20 10(ling) asvytt s.m"wo SWAM 0050%loa,1994 T'T'd S011e 26b 6116%01 :WOW Ob,2QT L002-C2-Ofkl C 'd Saba-2S6-6b6 awa2euew F+1JadOJd ascuunS WdO4 :C SOO2 EZ 2ny 32400 PASEO ADELANTO � SAN JUAN CAPISTRANO,CA 92675jMRB InmAPORRTYn MEMBERS OF THE CIT'COUNCIL (849)493-1171 1sTneuSYFB SAM ALLEVATO (949)493,1053 FAx 1776 � DIANE L.BATHGATE WWR1(sanJUanCapAslrano.olg WVATT HART JOE DAVIDD M.M.SWERDLIN �/may January 21, 2005 / Franciscan Plaza P.O. Box 3660 d , rf ?/CJd /ISGfes f'� r f v I Dana Point, CA 92629 }-f Q :. r ✓ice; J%C<-!: l 1r �' RE: Compliance with Insurance Requirements — Lease Agreement/Joint Parking and Maintenance Agreement The following insurance document is due to expire: ✓ General Liability Certificate 02/05/2004 ✓ General Liability Endorsement Form naming the San Juan Capistrano Community Redevelopment Agency as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above I If you hay any questions, please contact me at (949) 443-6309. ecretary cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future ,. Zj ' 'ACOR2E/(2 7; PRODUCE' (949,348-7400 FAX (949)348-2373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Solutions ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License N0746539 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26522 La Alameda, Suite 190 Mission Viejo, CA 92691 INSURERS AFFORDING COVERAGE NAIC# INSURED Franciscan Plaza LLC, A Delware Limited Liabil INsuRERA Scottsdale Ins Co P.D. BOX 2849 INSURER Mission Viejo, CA 92690 INSURER -INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY BCS000]474 02/05/2004 02/05/2005 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE `J OCCUR MED EXP(Any one person) $ 5-1000 A PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO S 1,000,000 X POLICY PR PRO- CT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTG (Ea acelde,B $ AI LOWNED AUTOS BODILYNJURY % tY.l IL RULED AUTOS (Pe,erperson) HIRED AUTOS 80DIL, $ VGJ OWNED AUIOS (Per aced,atlent)Q _ PROPERTY DAMAGE $ (Per accidem) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC S AUTO ONLY: ADS 8 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE 8 DEDUCTIBLE $ RETENTION 5 $ WORKERS COMPENSATION AND WC 5TATU- OTH- E.MPI OVERS'LIABILITY TERY[ MILD FR ANY PERIMEMB R EXCLUDED' CUTIVE ' EL EACH ACCIDENT b OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYE 8 yes,describe under S SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT E OTHER DESCRIPTION OF OPEPATIONS I LOCATIONS I VF,HICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIA PROVISIONS an Juan Capistrano Community Redevelopment Agency Is name as additional insured per the attached form required by written contract. ,10 days notice of cancellation given in the event of nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30T' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of San Juan Capistrano Attn: City Clerks Office BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE Tony Alessandra/ERIC (may ACORD 25(2001108) ©ACORD CORPORATION 1988 POLICY NUMBER: BCS0007474 COMMERCIAL GENERAL LIABILITY INSURED: Franciscan Plaza LLC, A Delware Limited Liability CG 20 10 (10 93) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: San Juan Capistrano Community Redevelopment Agency City of San .loan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person of organization shown in the Schedule as an insured but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10(10(93) Copyright,Insurance Services Office,Inc., 1994 Nb MEMBERS OF THE CITY COUNCIL IN V('�L DIANE . TE JOHN 5..GELFF GELFF MATT HART ;Ml JOE SOTO 32400 PASEO ADELANTO IntIRIPRIEN DAVID M.SWERDLIN SAN .JUAN CAPISTRANO, CA 92675 EST 10311 I 1961 (949) 493-1 17 1 1776 (949) 493-1053 (FAX) INTERIM CITY MANAGER 1V1VtV.SQh)[f QYICOPIS IYO/1O-OYg �.� PAMELA GIBSON �✓ P d r JIT r / January 6, 2004 Franciscan Plaza . a P.O. Box 3660 ,,-` Dana Point, CA 92629 RE: Compliance with Insurance Requirements - Lease Agreement/Joint Parking and Maintenance Agreement The following insurance document is due to expire: ✓ General Liability Certificate 02/05/2004 ✓ General Liability Endorsement Form naming the San Juan Capistrano Community Redevelopment Agency as additional insured. --- 01 Please submit updated documentation to the City of San Juan Capistrano, attention City Cler ' office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex ra io d te. f y have any questions, please contact me at (949) 443-6309. inp r Ja6 �UkA a < v r ria eva a C Secretary 1.,,r t �..i✓ r.. 'p�, , cc: Douglas D. Dumhart, Economic Development Manager ( -' � r,lAtiit F .1 , San Juan Capistrano: Preserving the Past to Enhance the Future IJ 77 jAaf Pro Br 014) 796-1000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. IndughlalRisk THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE & COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance Seritdcles Inc. COMPANIES AFFORDING GQVFRAQE wwwlndus&iaa�Ri;c-.com Company Scottsdale Insurance Company P.O.Box 11829 A SantaAna,Ca 92711-1829 License #0747540 Copipany National Union Fire Insurance Co 0 LEI av Insured FRANC01-GRM - I As Roe!) Company Franciscan Plaza, LLC C A Delaware Limited Liab. Company PO Box 3660 Company PA 9;§Ag D ox THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AVI�VE FOR T LICY INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT SPECT TeMHICH fn THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIrtl§jSUBJEC ALL THE TEMS,EXCLUSIO AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CILAIM51r::_:C" fT' 0 POLICY POLICY rn Z_e CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION -)C LIMITS ENERAL LIABILITY LTR DATE DATE C General Aggrestut .1 r [A TBD 02/05/03 02/05/04 Prpd 5C�1.1,: ,ra�_ A Personal � �� 7P Claims Made Occur rsol Owner's&Contractor's Protective Each Occurrence !SF Fire Damage Jerry 1161) Medical Ez anse fan person) AUTOMOBILE LIABILITY Any Auto Combined Single Limit All Owned Autos Bodily Injury Scheduled Auto. has,Person) Hired Autos Bodily Injury Non-Owned Autos iter,accidentl Property Damage GARAGE LIABILITY Auto Only-Eacg Accident Any Auto Other Than Auto Only Each Accident $ —I — — Aggregate it EXCESS LIABILITY Each Occurrence a 5, 000 , 000 BA "a'no— TBD 02/05/03 02/05/04 Aggregate s 5, 000 , 000 Mthb�'Titsl.1r.11.Form 0 WORKERS' COMPENSATION 8 IStalutomy Limit I Other EMPLOYERS' LIABILITY Et Each Accident The Proprietor/ Incl EL Disease-Pali—Limit rm Faers i Officers are: HlExcl EL Disease-Ea Employee Ill OTHER en Days Notice For on-Payment Of Prem. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is named as additional insured/lessor with respects to their interest in premises leased to the insured at 26762 Verdugo Street, San Juan Capistrano, Ca 92675 (PARKING STRUCTURE) 5xcept 10 days notice of cancellation given for non-payment of premium. 002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION City Of San Juan Capistrano OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR RIEPRE- Redevelopment A ency SENTATIVES.' 32400 Paseo Adeyanto Authorized Represerrhative San Juan Capistrano, CA 92675 AID EN00.f I�6.rj17i'tl� Dare lmm/dd/yyl C1 d 02/06/03 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. Producer Company Industrial Risk Ins Services P.O. Box 11829 Golden Eagle Insurance Company Santa Ana CA 92711-1829 (714) 796-1000 geroy Customer ID FRANC03-GM Initialed Loan Number Policy Number Franciscan Plaza, LLC 2876633380/0003 PENDING A Delaware Limited Liab. Company Effective Date Expiration Date Continuous Until P Y Terminated P.O. Box 2849 u Creaked Mission Viejo CA 92690 02/05/03 02/05/04 ❑ This Replaces Prior Evidence Dated: AT . oCation/Description 26762 Verdugo Street, San Juan Capistrano, Ca 9267 (Parking Structure) .00UMCF.I.M.0Q Coverage/Perils/Formal Amount of Insurance Deductible Parking Structure 3, 937, 500 11000 SPECIAL FORM/REPLACEMENT COST/100% COINSURANCE .. �4:':. ....... i ... .. _. .. ..... .. ...... Except 10 days notice of cancellation given for non-payment of premium. THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. L#DCi1FdEf1L IikT 5T Name and Address Nature of Interest Mortgagee Additional Insured City Of San Juan Capistrano B Loss Payee other LESSOR Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ledn" Signature of Authorized Agent of Company <Hre QWlKJ1P.'A a; ?:srtc. QA:E •T 3885 -. AeORlaRi : urr� j �IRCAT 10 0 .4 Pro dUtWr (714) 544-8660 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Industrial Risk I THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance Services, Inc. PANIFS AFFURDTF must P.O. Box 3986 Co A my Golden Eagle-PACKAGE Tustin,CA 92781-3986 Ucense #0747540 Company Insured FRANCDI-.TNR B &U_ Company Franciscan Plaza, LLC A Delaware Limited Liab. Company Po Box 3660 Company D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. POLICY POLICY CO TYPE 01 INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE ENERAL LIABILITY General A,are irata Sa a a 00 7 Commercial General Liability CBP9559223 01/13/02 01/13/03 Products-Cormphetacl Ops A99 Eli Made 00cc., Personal&Advertising Injury Owner's&Contractor's Protective Each Occurrence 1 . 000. 000 Fire Damage(an,1 fee) I I Medical ExIdense(any one person) Sir 'nolln AUTOMOBILE LIABILITY Combined Single LimnAny Auto All Owned Aaos Bodily Injury Scheduled Auto. ithad parson) Hired Autos Bodily Injury Non-Owned Autos (pa,riocidli'd a Property Damage a GARAGE LIABILITY Auto Only-Eacg Accident 0 Any Auto Other Than Alt.ON, Each Accident S —I Aganerame 1i CESS LIABILITY Each Occurrence A mb,.Ila FXh CU9559523 01/13/02 01/13/03 Aggregate Lc'therr Than Umbrella Form WORKERS'COMPENSATION 8 Statutory Lnmt ]Other EMPLOYERS' LIABILITY --- - Ifficl EL Each Accident 1, Th.Proprietor/ F EL Disease-Policy Limit Portrusinullysioun,. Officers are: MI EL Disease-Ea Employee OTHER Ten Days Notice For ron-Payment Of Prem. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate holder is named as additional insured/lessor with respects to their interest in premises leased to the insured at 26762 Verdugo Street, San Juan Capistrano, Ca 92675 (PARKING STRUCTURE) Except 10 days notice of cancellation given for non-payment of premium. *000 TE 04*, 002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION City Of San Juan Capistrano OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. Redevelopment Agency SENTATIVES. 32400 Paseo Adeyanto Authorized Representative San Juan Capistrano, CA 92675 _M&A.4 L?4e� i/uY (WERTI'li im" SURAN THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. Producer Company Industrial Risk Ins Services P.O. Box 3986 Golden Eagle Insurance Company Tustin CA 92781-3986 (714) �44- 8660 Agency Customer ID FRANC03-JMR Insured Loan Number Policy Number 2876633380/0003 CBP9559223 Franciscan Plaza, LLC A Delaware Limited Liab. Company Effective Data E.parniam Data Contay'.Until Terminated P.O. Box 2849 IfChecked Mission Viejo CA 92690 01/13/02 01/13/03 ❑ This Replaces Prior Evidence Dated: Location/Description 26762 Verdugo Street, San Juan Capistrano, Ca 9267 (Parking Structure) VOVERAO RAN FORMAMW Cipaerage/Perils/Formns, Amount of Insurance Deductible Parking Structure 3, 937, 500 1, 000 SPECIAL FORM/REPLACEMENT COST/100% COINSURANCE ..:. K OINSURANCEMARM Certificate holder is named as lessor only with respects to their interest in premises leased to insured at: 26762 erdugo Street, San Juan Capistrano CA. (PARKING STRUCTURE) Except 10 days notice of cancellation given for non-payment of premium. CAN,Cet,L,ATi1Q W7 7L .... .... THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST,IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADD.1"ONAL INNIMTEST Name and Address Nature of Interest mort'rigia, Additional Insured City Of San Juan Capistrano H Loss Payee Other LESSOR Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Signature of Autho d Agent I COMPMY &AA—a NO dW OWX.APPL�is Date(nnnoldd/yy) 08/14/02 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. Producer Company Industrial Risk Ins Services P.O. Box 3986 Great American E & S Insurance Co. Tustin, A 92781-3986 C/O M.T.S. Insurance Services, LLC (7 4) tC44- 8660 Agency Customer 10 FR CQ5_lm Insured Loan Number Policy Number ICGP5752321 Franciscan Plaza, LLC A Delaware Limited Liab. Company Effective Dale Expiration Date continuous Until P.O. Box 2849 If Checked Mission Viejo CA 92690 01/13/02 01/13/03 ❑ This Replaces Prior Eodence Dated! .......... Location/Description 26762 Verdugo Street, San Juan Capistrano, CA 9267 (Parking Structure) M.M. Coverage/Perils/Foms Amount of Insurance Deductible Difference In Conditions - Limit Per Occurrence 5, 000, 000 and in the Separate Annaul Aggregate as respects to the perils - Earthquake, Earthquake Sprinkler Leakage, and Flood Sub-limit combined Demolition and Increase Cost 1, 500, 000 of Construction, Contingent Liability. EARTHQUAKE DED: 5% per Unit of insurance subject tO825, 000 Minimum Per occurrence FLOD DED: $50, 000 per occurrence. ALL OTHER PERILS DED: $25, 000 Per Occurrence Certificate holder is named as Lessor with respects to their interest in Parking Structure at 26762 Verdugo St. , San Juan Capistrano, CA Except 10 days notice of cancellation for non-payment of premium. THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. Name and Address Nature of Interest Mortgages Addiv.hat Insured City Of San Juan Capistrano HLoss Payee Other Lessor Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Loan" Signature of Authon- d Agent of Company ar ORAN 8/14/02 Pw RESPONSE IndustdalRisk & I 1I SOON AURGENTS POSSIBLE I NO REPLY NEEDED Insurance Services, Inc. P.O. Box 3986 'rusdn, CA 927813986 License #0747540 FROM Jo Marie Rowe PHONE: (714) 544-8660 FAX: (714) 544-9742 ro: CITY OF SAN JUAN CAPISTRANO SUBJECT 32400 Paseo Adelanto Franciscan Plaza, LLC San Juan CapistranCA 92675 CERTIFICATES OF INSURANCE ATTN: Dawn Schanderl/Deputy Cty Clerk Dear Ms. Schanderl: As requested, attached are copies of the certificates of insurance and evidence of property insurance for both the Package and Difference in Conditions policy. We have requested the carrier to add the Cit Of San Juan Capistrano as additional insured as outlined in our ceryificate. If additional information is needed, please feel free to give us a call . Sincerely, JU Alt U�REP, LY: SIGNATURE 'X, ............... >(RV OF SF!' I f,gpISTRAN • q • W u Fnl lmmmn•n 1811T1 O p1P1 11A1 UPISTRANO San Juan Capistrano Community Redevelopment Agency August 6, 2002 Mr. Dave Busk Franciscan Plaza LLC c/o Busk Development, Inc. 24582 Del Prado, Suite H Dana Point, California 92629 RE: Compliance with Insurance Requirements - Lease Agreement/Joint Parking and Maintenance Agreement Dear Mr. Busk: I am requesting certificates of insurance and endorsements for the above referenced agreements. I have enclosed a copy of each agreement and tabbed the insurance sections for your convenience. If you have any questions, please feel free to contact me at (949) 443-6310. Very truly yours, Dawn Schanderl Deputy City Clerk cc: Douglas Dumhart, Principal Management Analyst 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 A0411.Dm CERTIFICA# OF INSURANCE CSR CW DATE(MM/DDNY) FRA'NC11 11/15/94 PRODUCER rA FICATE IS INSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERTIFICATE Granger-Hanna Ins. Assoc./HRH HIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2401 E. Katella Ave. , #500 RECEIVED COVERAGE AFFORDED BY THE POLICIES BELOW. Anaheim CA 92806 Nov7 uCOMPANIES AFFORDING COVERAGE OI 1 I O9 R'^ 714-978-9785 ". Safeco Insurance Company INSURED Y LL i(,� COMPANY F" TM EN B COMPANY Franciscan Plaza Invest Group C 31781 Camino Capistrano, #306 COMPANY San Juan Capistrano, CA 92675 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REGUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDO") DATE IMMR)D/YYI GENERAL LIABILITY GENERAL AGGREGATE 52,000,000 A X COMMERCIAL GENERAL LIABILITY CPS152665 11/15/94 11/15/95 PRODUCTS-COMP/OPAGG $ 1,000,000 CLAIMS MADE 1XI OCCUR PERSONAL&ADV INJURY $ 1,0001000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO CP8152665 11/15/94 11/15/95 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acciEenU PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 AX UMBRELLA FORM UL8152665 11/15/94 11/15/95 AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM If WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL I I DISEASE-EACH EMPLOYEE $ 7 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS 10 DAYS NOTICE FOR NON PAYMENT CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT TO: FRANCISCAN PLAZA PARKING STRUCTURE CERTIFICATE HOLDER CANCELLATION SANJ005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF SAN JUAN CAPISTRANO 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, COMMUNITY REDEVELOPMENT AGENCY ATTN: DAWN SHANDERL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 EASED ADELANTO OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 AUTHO fZED REPRESENTATIV ACORD 25-S (3/93) ` ��Q. ®ACORD CORPORATION 1993 • Y Franciscan Plaza Invest Group November 15, 199 POLICY NUMBER: CP8152665 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Ili no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Safeco Insurance Company GRANGER-HANNA INSURANCE ASSOCIATES 2401 E. KATELLA AVENUE, SUITE 500 ANAHEIM, CALIFORNIA 92806 CG20 10 11 85 COPYRIGHT,INSURANCE SERVICES OFFICE,INC.1984 AID/►1:11. CERTIFICA7f OF INSURANCE CSR CB I"M DATE IMMND/YYI FRANCII 11/18/93 PRODUCERTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Granger=Hanna Insurance Assoc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2401 E. Katella Ave. , Ste. 500 POLICIES BELOW. Anaheim CA 92806 COMPANIES AFFORDING COVERAGE 714-978-9785 COMPANY A Fireman's Fund Insurance Co. LETTER COMPANY B CC f// r Y /7 Z INSURED LETTER COMPANY C �. / f ''' S LM LETTER A rn COMPANY �- / J tOS Franciscan Plaza Invest Group LETTER D 31831 Camino Capistrano, ,#100 o m San Juan Capistrano, CA 92675 CONY E z = COVERAGES �0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLSIC+PERIOD _ INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER VAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTA TYPE OF INSURANCE POLICY NIRASFR DATE WMIDD/YYI DATE IMNVDDNYI IINETB GENERAL UABIUTY GENERAL AGGREGATE o2,000,000 A X COMMERCIAL GENERAL UAWLITY UZZ80581804 11/15/93 11/15/94 PRODUCTS-COMP/OPAGG. 41,000,000 CLNMSMADE = OCCUR. PERSONAL•AOV-INJURY 01,000,000 OWNER'S S CONTRACTOR'S MOT. EACH OCCU"RENCE 41,000,000 X Hired i Non-Owned FIRE DAMAGE NARY r Am) $ 50,000 MED.EXPENSE VA ..Pn$$.0 $ 5,000 ALITOMOBILE UABILITY A ANYAUTO XXXBOSS1804 11/15/93 11/15/94 LIMIT NFDaNGIE $ 1,000,000 NL OW MED AUTOS IloaLr INJURY $ SCHEDULED AUTOS R w5O1I X HIRED AUTOS BODILr INJL0IY i NONOWNED AUTOS E'.r ScelrMl S GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 A E UMBRELLA FORM XSCS1991309 11/15/93 11/15/94 AGGREGATE 85,000,000 OTHER THAN UMBRELLA FORM WORKER'5 COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ EMPLOYERSLIABILITY DISEASE—POLICY LIMIT $ ' DISEASE—EACH EMPLOYEE f OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHCLES/SPECIAL ITEMS 10 DAYS NOTICE FOR NON PAYMENT CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT T : FRANCISCAN PLAZA PARKING STRUCTURE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DAWN SHANDERL LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AUTHORIZED REPRESENTATIVE ACORD 25-S 171901 o ACORD CORPORATION 1990 1 a . • Franciscan Plata invest Group November 19, 1! POLICY NUMBER: MXXWSSI 04 COMMERCIAL GENERAL LIABILITY a THIS ENDORIIENIEW CMANOU THE POLICY. PLEASE(READ IT CMREPLILLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: FRANCISCAN PLAZA PARKING STRUCTURE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.l WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work' for that insured by or for you. Fireman's Fund Insurance Co. GRANGER—HANNA INSURANCE ASSOCIATES 2401 E. RATELLA AVENUE, SUITE 500 ANAHEIM, CALIFORNIA 92806 CG20 10 11 86 COPYRIGHT,INSURANCE SERVICES OFFICE,INC.1984 CERTIFICAW FRANCA OF INSURANCE CSR CS ISSUE DATE 11/18/93 PRODUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Grano+sr-Hanna Insurance Assoc. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2401'E. Ratella Ave. , Ste. 500 POLICIES BELOW. Anaheim CA 92806 COMPANIES AFFORDING COVERAGE 714-978-9785 COMPANY A Fireman's Fund Insurance Co. LETTER COMPANY B INSURED LETTER COMPANY LETTER `. rn COMPANY D �� rn Franciscan Plaza Invest Group LETTER 31831 Camino Capistrano, #100 o m San Juan Capistrano, CA 92675 LE COMPANY E i _. .-n o S COVERAGES t,ta THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLTICP PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICVEFFECTIVE POLICY"FIRATION LTR TYPE OF INSURANCB POLICY NUMBER DATE(MM/DD/YY) DATE IMMMD/VY) LIMITS GENERAL UMUUTY GENERAL AGGREGATE P 2,000,000 A X COMMERCIAL GENERAL LIABILITY MXX80581804 11/15/93 11/15/94 PRODUCTS-COMP/OP AGG. 51,000,000 CLAIMS MADE % OCCUR. PERSONAL&ADV.INJURY 81,000,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000 X Hired & Non-Owned FIRE DAMAGE(Any one fire) $ 50,000 MED.EXPENSE(Any Airs Isere.) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ 1,000,000 A MY AUTO M%X80581804 11/15J93 11/15/94 LIMY ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per ettidentl GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS UABIUTY EACH OCCURRENCE $5,000,000 A X UMBRELLA FORM XSC81991309 11/15/93 11/15/94 AGGREGATE $5,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT 5 EMPLOYERSLIABILITY DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICUES/SPECIAL ITEMS 10 DAYS NOTICE FOR NON PAYMENT CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT O: FRANCISCAN A PARKING STRUCTURE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DAWN SHANDERL LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AUTNORIED REPRESENTATIVE 1 ACORD 25-S 17/901 0 ACORD CORPORATION 1990 • Franciscan Plaza Invest Group November 19, 199 POLICY NUMBER: MXX80581804 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: FRANCISCAN PLAZA PARKING STRUCTURE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Fireman's Fund Insurance Co. GRANGER—HANNA INSURANCE ASSOCIATES 2401 E. KATELLA AVENUE, SUITE 500 ANAHEIM, CALIFORNIA 92806 CG20 10 11 86 COPYRIGHT,INSURANCE SERVICES OFFICE,INC.1984 t CERTlFlC OF INSURANCE C5 IEEUEDATEIMMWYY l 11/17/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE Granger-Hanna Insurance Assoc. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2401 E. Katella Ave., Ste. 500 POLICIES BELOW. Anaheim, CA 92806 COMPANIES AFFORDING COVERAGE y 714-978-9785 COMPANY.... ..-.. .... ..._.. . E/M. .7d LETTER A Insurance Company of the Nest Iv liter COMPANY B INSURED LETTER –,�"�'�� .. ... .�.. Franciscan Plaza Invest Group COMPANY LETTER C 31831 Camino Capistrano, #100 San Juan Capistrano„ CA ... ... . _... .. 92675 - ITER D COMPANY E ... LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO -POLICYEFFECTIVE POLICYEXPIRATION- LTR TYPE OF INSURANCE PDLICYNUMBER DATE(MM/DD/YY) DATE(MM/DC/YY) - UNITS GENERAL LIABILITY -GENERAL AGGREGATE f 2,000,000 A X COMMERCIALGENERALUABILITY CTN117783001 11/15/92 11/15/93 .PRODUCTS-COMPIOP AGG. a 1,000,000 CLAIMS MADE XOCCUR - PERSONAL S ADV.INJURY f 1,000,000 OVMER'S S CONTRACTORS PROT. EACH OCCURRENCE a 1,000,000 X Hired 8 Non-Owned - FIDE DAMAGE IAro ons am) a 50,000 MED.EXPENSE(Myon.p. ) a 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO UMIT a ALL OWNED AUTOS - - 'BODILY INJURY SCHEDULED AUTOS (Per PM ) a HIRED AUTOS 6001LY INJURY a NON-OWNED AUTOS (Px secitls�p GARAGE LIABIUN _................. PROPERTY DAMAGE a EXCESS LIABILITY EACH OCCURRENCE 'f 5,000,000 A - X - UMBRELLA FORM ETKI17262201 11/15/92 11/15/93 AGGREGATE f 5,000,000 OTHER THAN UMBRELLA FORM WORKEWS COMPENSATION - STATUTORY UMTIB AND EACH ACCIDENT f EMPLOYERS'LIABILITY DISEASE—POUCYUMIT f DISEASE—EACH EMPLOYEE a OTHER z c DESCRIPTION OF OPERATIONS/LOCA71ONS/VEHICU7/SPECULL ITEMS -- 10 DAYS NOTICE FOR NON PAYMENT CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT TO: FRANCISCAN PLAZA PARKING STRUCTURE CERTIFICATE HOLDER CANCELLATION 1.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE : EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY ATTN: DAWN SXANDERL '. LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 PASEO ADELANTO 'r LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA V2675 AUTHORMED REPRESENTATIVE ACORD 2S.S(7190) Aet3lDCORPOHATIOM 19911` Franciscan Plaza Invest Group November 17, 199 POLICY NUMBER: CTN117783001 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: FRANCISCAN PLAZA PARKING STRUCTURE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work-for that insured by or for you. Insurance Company of the West GRANGER—HANNA INSURANCE ASSOCIATES 2401 E. RATELLA AVENUE, SUITE 500 ANAHEIM, CALIFORNIA 92806 CGM 10 11S5 COPYRIGHT,INSURANCE SERVICES OFFICE,INC.1350 OTICE OF CANCELLATIO l0©4' ` ) OF MORTGAGEE AND/OR �fJfJBbP/b CERTIFICATE HOLDER �re" �s ® TRUCK INSURANCE EXCHANGE: n ❑ FARMERSINSURANCE EXCHANGE RFCE4NfZ0 rq /L ❑ MID-CENTURY INSURANCE CO ALY 4 j.a N#2 ❑ CIT" CLERK DEPARTMENT INSURED. FRANCISCAN PLAZA INVES C' , PROPERTY ADDRESS — POLICY OR CERTIFICATE NUMBER(S) AGENT'S NUMBER CANCELLATION DATE 1495 29 50 97 30 337 1-13-92 ® You are hereby notified,that all coverage extended to you under the above listed policy is cancelled effective at 12:00 Noon(12:01 A.M. in California, Oregon, 'I Texas, Oklahoma and Washington) on the Cancellation Date shown above. ❑ You are hereby notified that all coverage extended to you under the above policy(ies) or certificate(s) on: is cancelled effective at 12:00 Noon(12:01 A.M.in California,Oregon,Texas, Oklahoma and Washington) on the cancellations date shown above. Loan # ' " Al" 1 ii THE CITY OF SAN JUAN CAPISTRANO AND -- % THE SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO CA 92675 ATTN: CITY CLERKS DEPT NOTE TO MORTGAGEE'.Your loan with this polcyholder may have expired: however,this notice complies with the provision of our policy 250489 991 11201 STATE 0 ` COMPENSATION INSURANCE trw_I �G_ FUND - ��LIN EPLQ '4$E-R 1,' JUNE 30v 1992 s _ L � CITY OF SAN JUAN CAPISTRANO BUILDING 6 SAFETY DEPT. ATTN: DAWN SCHANOERL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 CERTIFICATE OF WORKERS• COMPENSATION INSURANCE CANCELLATION WITHDRAWAL NOTICE RE: CERTIFICATE DATED DECEMBER 19, 1991. THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS6 COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW. THIS LETTER SUPERSEDES THE NOTICE OF CANCELLATION SENT TO YOU ON JUNE 5. 1992. THIS EMPLOYER'S WORKERS• COMPENSATION INSURANCE COVERAGE CONTINUED UNINTERRUPTED. EMPLOYER: FRANCISCAN PLAZA INVESTMENT GROUP #303 31781 CAMINO CAPISTRANO SAN JUAN CAPISTRANO CALIF.9 92675 1263382 — 91 CUSTOMER SERVICES UNIT SOUTH ORANGE DISTRICT OFFICE (714) 668-3445 1275 Market Street• San Francisca, CA 94103-1410 Mailing Address: P.O. Bax 807•San Francisco, CA 94101-0807 SC IF 6229 l ar, Z16 ,al:oi:n CSR LG ISSUE E OF INSURANCE 1 / PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Granger-Hanna Insurance Assoc. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2401 E. KateLta Ave., Ste. 500 POLICIES BELOW. Anaheim, CA 92906 COMPANIES AFFORDING COVERAGE 714-978-9785 COMPANY A _. LETTER A Insurance Company of the Nest COMPANY B INSURED LETTER Franciscan Ptaza Investment Group COMPANY `. 31781 Camino Capistrano, #303 LETTER San Juan Capistrano„ CA 92675 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMSER POUCYEFFECTIVE POLICYEXPIRATION' LIMITS LTR DATE(MM/DONY) DATE WWOO" GENERAL LIABILITY GENERALAGGREGATE _S 2,000,000 A X COMMERCIAL GENERAL UABIUrY CTN117783000 11/15/91 11/15/92 PRODUCTS-COMP/OP AGG. 'S 1,000,000 CLAIMS MADE . X ;OCCUR. PERSONAL a ADV.INJURY 'S 1,000,000 -OWNER'S a CONTRACTOR'S PROT. EACH OCCURRENCE -$ 1,000,000 X Hired 8 Non-Owned FIRE DAMAGE(Any one fire) S 50,000 Auto -MED.EXPENSE(Any one person),$ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S . NON-OWNED AUTOS :(Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY - EACH OCCURRENCE -S 5,000,000 A X UMBRELLA FORM ETNI17262200 11/15/91 11/15/92 AGGREGATE $ 5,000,000 OTiERTRAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY UMTr3 AND EACH ACCIDENT y EMPLOYERS'LIABILITY DISEASE—POUCY LIMB -DISEASE—EACH EMPLOYEEA$ OTHER G ;U m < ` IV v o�� DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS z � CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT J U5 TO: FRANCISCAN PLAZA PARKING STRUCTURE CERTFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL E 40EM OR TO CITY OF SAN JUAN CAPISTRANO MAILi0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY ATTN: CITY CLERK'S OFFICE LEFT,501 32400 PASEO ADELANTO SAN JUAN CAPI STRAND, CA 92675 AUTHORREDREPRE N;,VE ACOR025-S.(7/90) 1'0`-�7 ZACORD CORPORATION-1450' FRANCISCAN PLAZA INVENT GROUP , 12/16/91 POLICY NUMBER: CTN117783000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO & COMMUNITY REDEVELOPMENT AGENCY ATTN: CITY CLERK'S OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. INSURANCE COMPANY OF THE WEST GRANGER—HANNA INSURANCE ASSOCIATES 2401 EAST KATELLA AVENUE SUITE 500 ' ANAHEIM, CA 92806 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ San Juan Capistrano Community Redevelopment Agency December 12, 1991 Mr. Paul Farber Franciscan Plaza Investment Group 31781 Camino Capistrano, Ste 303 San Juan Capistrano, California 92675 Re: Renewal of Excess Liability Certificate of Insurance (Joint Parking and Maintenance Agreement & Lease Agreement, Franciscan Plaza Parking Structure Dear Mr. Farber: The Excess Liability Certificate of Insurance, regarding the above-referenced projects, is due to expire on January 1, 1992. In accordance with the agreements, the insurance certificate needs to be renewed for an additional period of one year. I noticed I have not received the General Liability Endorsement form naming the City of San Juan Capistrano as well as the Community Redevelopment Agency as additional insureds. I am enclosing one of the City's approved forms for your insurance companies use or they may use their own endorsement form. In addition, regarding page 10, item g.(1) (See attached) does your policy include insurance against earthquake? On page 11, item g(3) does the workers' compensation section apply? If so I will need to have on file a Workers' Compensation Certificate of Insurance as soon as possible. Please forward an updated Excess Liability Certificate of Insurance and the General Liability endorsement form to the City, attention City Clerk's Office, by January 1st. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, �Ve /I9� . Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 RECORDING REQUESTED BY • • / AND WHEN RECORDED MAIL TO THE UNDERSIGNED AGENT HEREBY CERTIFIES THAT THiS IS A TRUE REAL ESTATE FORECLOSURE SVS. AND COiaFiECT COPY OF THE 6101 BALL ROAD ORIGINAL DOCUMENT RECORDED SUITE 308 ON 03/24/95 CYPRESS, CA 90630 By MELINDA BERBER REAL ESTATE FORECLOSURE SERVICES LOAN: 19-12072-4 OTHER: 95-01777-21 FILE: 3953J MJB NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE: IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $117,605.27 as of 0312411995 and will Increase until your account becomes current. While your property Is In foreclosure, you still must pay other obligations (such as Insurance and taxes) required by your note and deed of trust or mortgage. If you fall to make future payments on the loan, pay taxes on the property, provide Insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may Insist that you do so in order to reinstate your account In good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard Insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts In default at the time payment Is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to In the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your /\ \/\ p rropert✓✓y by paying the entire amount demanded by your creditor. of D [.Ull: IM W4 (7104 L VIS J NOTICE DEFAULT AND ELECTION TO SELL UNDER DEEu OF TRUST LOAN: 10-12072-4 — OTHER:05-01777-21 FILE:3053) MJB TO FIND OUT THE AMOUNT YOU MUST PAY, OR TO ARRANGE FOR PAYMENT TO STOP THE FORECLOSURE, OR IF YOUR PROPERTY IS IN FORECLOSURE FOR ANY OTHER REASON, CONTACT: Name of Beneficiary or Mortgagee: UNION FEDERAL BANK FKA UNION FEDERAL Phone: (714)821-3071 SAVINGS AND LOAN ASSOCIATION C/O REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPRESS, CA 90630 If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property Is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. NOTICE IS HEREBY GIVEN: That SUPERIOR TITLE SERVICE INC.,A CALIFORNIA CORPORATION is duly appointed Trustee Under the following described Deed of Trust dated: 05/24/1988, executed by FRANCISCAN PLAZA INVESTMENT GROUP, A CALIFORNIA LIMITED PARTNERSIHP as Trustor, to secure certain obligations in favor of UNION FEDERAL SAVINGS AND LOAN ASSOCIATION, A FEDERALLY-CHARTERED SAVINGS AND LOAN ASSOCIATION , as Beneficiary, recorded 00/17/1988, as Instrument No. 88-280319 Book N/A Page N/A , "RE-RECORDED: INET: N/A BOOI[: N/A PAGE: N/A of Official Records, in the office of the Recorder of ORANGE County, California, describing the land therein: As more fully described on said Deed of Trust. including 1 note(s) for the suln of $11,512,500.00; that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the beneficiary of record; that a breach of, and default in the obligations for which said Deed of Trust is security has occurred in that payment has not been made of Failure to mance the 03/01/96 payment of principal and/or interest and all subsequent payments, together with late charges, impounds, advances, taxes, delinquent payments on senior liens or assessments, plus attorney's fees and/or costs. A MODIFICATION OF DEED OF 'TRUST AGREEMENT SUBSTITU'T'ION OF TRUSTEE AND PARTIAL RECONVEYANCE WAS RECORDED ON 02/25/92 AS INSTR. #92-111441 IN I,IIE COUNTY OF ORANGE. THAT by reason thereof the present beneficiary under said Deed of Trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for Sale, and has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: March 24, 1995 SUPERIOR TITLE SERVICE INC A CALIF. CORP AS TRUSTEE AND R.E.F.S. INC DBA REAL S' 'TE FO ECI.OSU WIERVICES AS AGENT MET TIBER VICE PRESIDENT Noll.. of o.w.mc Fwc-aa 0/e4) RECORDING REQUESTED BY • • AND WHEN RECORDED MAIL TO THE UNDERSIGNED AGENT FIEREBY CERTIFIES THAT THIS IS A TRUE REAL ESTATE FORECLOSURE SVS. AND CONFiECT COPY OF THE 6101 BALL ROAD ORIGINAL DOCUMENT RECORDED SUITE 308 ON 03/24/95 CYPRESS, CA 90630 BY ME'LINDA BERBER REAL ESTATE FORECLOSURE SERVICES LOAN: 19-12072-4 OTHER: 95-01777-21 FILE: 3953J MJB NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE: IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $117,60527 as of 03/24/1995 and will Increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as Insurance and taxes) required by your note and deed of trust or mortgage. If you fall to make future payments on the loan, pay taxes on the property, provide Insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may Insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard Insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree In writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property, or otherwise; or (2) establish a schedule of payments In order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. Nofke of Default: IMM4 )1/94) NOTICE— DEFAULT AND ELECTION TO SELL UNDER DEEw JF TRUST LOAN: 19-12072-4 OTHER: 96-01777-21 FILE:3953)MJB TO FIND OUT THE AMOUNT YOU MUST PAY, OR TO ARRANGE FOR PAYMENT TO STOP THE FORECLOSURE, OR IF YOUR PROPERTY IS IN FORECLOSURE FOR ANY OTHER REASON, CONTACT: Name of Beneficiary or Mortgagee: UNION FEDERAL BANK FKA UNION FEDERAL Phone: (714)021-3071 SAVINGS AND LOAN ASSOCIATION C/O REAL ESTATE FORECLOSURE SERVICES 6101 BALL ROAD, SUITE 308 CYPRESS, CA 90630 If you have any questions, you should contact a lawyer or the governmental agency which may have Insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. NO'T'ICE IS HEREBY GIVEN: That SUPERIOR TITLE SERVICE INC.,A CALIFORNIA CORPORATION is duly appointed Trustee under the following described Deed of Trust dated: 05/24/1988, executed by FRANCISCAN PLAZA INVESTMENT GROUP, A CALIFORNIA LIMITED PARTNERSHIP as Trustor, to secure certain obligations in favor of UNION FEDERAL SAVINGS AND LOAN ASSOCIATION, A FEDERALLY-CHARTERED SAVINGS AND LOAN ASSOCIATION , as Beneficiary, recorded 00/17/1988,as Instrument No. 88-289319 Book N/A Page N/A , "RE-RECORDED: INST: N/A BOOH: N/A PAGE: N/A of Official Records, in the office of the Recorder of ORANGE County, California, describing the land therein: As more fully described on said Deed of Trust. including 1 note(s) for the sum of $11,512,500.00; that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the beneficiary of record; that a breach of, and default in the obligations for which said Deed of Trust is security has occurred in that payment has not been made of Failure to make the 03/01/95 payment of principal and/or interest and all subsequent payments, together with late charges, impounds, advances, taxes, delinquent payments on senior Ilene or assessments, plus attorney's fees and/or costs. A MODIFICATION OF DEED OF TRUST AGREEMENT SUBSTITUTION OF TRUSTEE AND PARTIAL RECONVEYANCE WAS RECORDED ON 02/25/92 AS INSTR. #92-111441 IN TIIECOUNTY OF ORANGE. THAT by reason thereof the present beneficiary wider said Deed of Trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for Sale, mid has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: March 24, 1995 SUPERIOR TITLE SERVICE INC A CALIF. CORP AS TRUSTEE AND R.E.F.S. INC DBA REAL 9 1'E FO ECLOSUE SERVICES AS AGENT hL-jMBETq BF,RBER VICE PRESIDENT Nam. of Default: TW W4 p/eq REUSE APPRAISAL FRANCISCAN PLAZA PARKING STRUCTURE CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY Prepared by: Natelson•Levander•Whitney, Inc. 10960 Wilshire Boulevard Suite 222 Los Angeles, California 90024 (213) 479-5016 L INTRODUCTION At the request of the City of San Juan Capistrano Community Redevelopment Agency, this appraisal was prepared to determine the fair market value of the Franciscan Plaza Redevelopment Project. The Franciscan Plaza Project is a redevelopment activity undertaken by the City of San Juan Capistrano. The objectives of the redevelopment program are to revitalize and enhance a deteriorated area of the City of San Juan Capistrano. Purpose of Aooraisal The purpose of this reuse appraisal is to provide the fair market value of the Franciscan Plaza commercial redevelopment area delineated in Map 1. The Franciscan Plaza has been planned for development as a shopping center and movie theatre complex providing services to the residents of San Juan Capistrano and surrounding communities. Statement of Contingent and Limiting Conditions The following factors are considered pertinent to this appraisal: 1. Land utilization objectives, site preparation, general street pattern, parcel configuration. Amended Redevelopment Plan stan- dards and controls and all other planning objectives will be in effect as indicated by the Agency. 2. The reuse appraisal value is presented in current dollar value as of the date of the appraisal. 3. Legal description, title and other legal information furnished by the Agency is assumed correct. 4. Disposition and redevelopment of project disposition parcels will take place within a logical market time period. 5. Minor changes in disposition parcel sizes will not necessitate a reappraisal. Application of ascribed unit reuse values may be made to reflect minor parcel changes. 6. Delayed disposition or major economic and/or planning changes will require a review of ascribed reuse values and appraisal recommendations. 1 TABLE OF CONTENTS Page Number I. INTRODUCTION 1 Purpose of Appraisal 1 Statement of Contingent and Limiting Conditions 1 Regional Location Map 2 Subject Property Map 3 II. LOCATION AND DEVELOPMENT ANALYSIS 4 LOCATION AND SITE CHARACTERISTICS 4 Location 4 Methodology 4 Market Approach to Land Value 4 Cost and Income Approach to Land Value 4 Construction Costs 4 Development Plan 5 Development Model 5 Conclusion of Value 5 Comparable Sales Data 5 APPENDIX A mr p + iYYYYY A^ b'If {- t r 0 Z'V pt�`�u'pi�"°°�l^..yn� �sp� gpll YY o•��'�P�_Ah�p7I�,q ��4.� w . �y.ry. p fxwu�W� ig ,e r•" N r �`�" eh4.4� • "W` ° d4� A"���p +�� � a 'll"'..�.�uyp `"wto�rr2GL a ux Hup umr.. § •^♦. .,E ,�t"•, ^b.4r'� tw,�I ♦}� �Ef � � poq,t�'lq' . � @' �r4�, � fWiCA 7k2 �p 2c yyr e T/ U,� CD t, ,Y y kkq'..y�{�•r @i!F c�S..��.'"� "°;'..o� i' IO'"� ^'�w !' 12 �� �O .hcj4�"tt 'r'.^'.^"E CFa �"rt�V`.' ,•�+' �"o^ ' /♦' 'p_ .. .... ons w , qkr�`'` o✓' y All QJQ Yh ����' C p.,o`o °a"^� F,..a e.�4 .,4'•r w4.4^�+�` r ,y }� y Q ;� ;'w4„Y �� �4. �.;,'�. p•,a"�������.�, f� ��� � n,y`r';�i�� '. �'16.,A ® °"�°�r � „u„if,w x p. EE :4, •6'. °. ya a �� �.uu a pp d ���` �` � �'�' '`��, ;� st .w,w.��„ s���g i�f � �����° °`'�"�.a�•, ''���, heti V• x' a s ilk P • MAP 1 SUBJECT PROPER 124 - 16 0 2h 0 0 CAWNO CAYLsTRANO + 4104' 141 93 ' � Zoo so g4. 4 9:K. rR A 13 .or 3-9 t QV l.Or i0 12 � 4p 41 3 l > a R. SSAN JUAN I� 30 so.ss The ss 21 0 22 24 M GAPjSTRANO n _ Zo69e• in 01 ;Z s SBE r LOS BIOS � 6 MARCH /95/ R.S., SAN JUAN CAP/STRAND 2 - rR. NO. 103 M.M. // 0 0 IL LOCATION AND DEVELOPMENT ANALYSIS LOCATION AND SITE CHARACTERISTICS Lo ation The Franciscan Plaza is located on the corners of Los Rios Street, Verdugo Street and Camino Capistrano. The subject property is approximately one- fourth of a mile west of Interstate Highway 5 which would provide good access to the Plaza for surrounding communities. The parking structure to be leased by the City of San Juan Capistrano will be located on the corner of Verdugo Street and Los Rios Street. Site Characteristics The subject property is a rectangularly shaped parcel with a smaller rec- tangular portion eliminated on Camino Capistrano (see Map 1). The site topography is level and at grade with the abutting roadways and considered amenable to the development proposed. lmcthodoloev The cost and income approach to value was used to determine the fair market value of the property being appraised. The market comparable approach to value was used to determine the fair market value of property near and around the property being appraised. Although the market approach was used as the foundation for this appraisal, the ultimate value stated was derived from the cost and income approach. With acknowledgement that a retail commercial use is the highest and best use for this property, the cost and income approach will provide an accurate estimate of the value. Cost and Income Approach to Land Value In order to appraise the reuse value of the property herein described as Franciscan Plaza, the costs incurred by a developer in constructing such a development are examined. After depreciating the value of the buildings over time, a reasonable return on developers investment is calculated using a reasonable rate of capitalization. Market Approach to Land Value In order to appraise the reuse value of the property herein described as the Franciscan Plaza, recent sales of similarly zoned properties in the area were examined. This approach shows what a well-informed and willing buyer would pay, and a well-informed and willing seller would accept, for the use and enjoyment of the property. Cori truction Co is Construction types and costs are developed from analysis of construction cost data prepared by Marshall Valuation Service, and our related project experience. 4 Development Plan The proposed development plan for the Franciscan Plaza includes an 18,500 square foot five-plex movie theatre, approximately 16,000 square feet of retail space and a 410 space parking structure and associated landscaping, all to be constructed by the Franciscan Plaza Investment Group. Development Model This model assumes that the developer will provide all necessary support services. Specific criteria established as assumptions and constraints for the model are: 0 148,000 square foot on-site parking structure providing 410 parking spaces; 0 18,500 square foot five-plex movie theatre; 0 16,000 square feet of retail space; and o a well detailed landscaped mall area for aesthetic and theme aspects of the shopping center site. Conclusion of Value Our Conclusion of Value was arrived at through the Cost and Income Approach, Market Comparable Approach and discussions with brokers active in the area. On the basis of our evaluation, we conclude that the reuse value of the Franciscan Plaza Project is FOURTEEN MILLION NINE HUNDRED FOUR THOUSAND AND FORTY DOLLARS ($14,904,040), as of November 2, 1987. The supporting tabulation for the conclusion is presented in Appendix A. Comparable Sales Data The following is a listing of those comparable land sales which were used to arrive at a value of similarly zoned land in the area of San Juan Capistrano: o Location: Camino De Los Mares, East of Calle Aqua, San Clemente, California Zoning: C-3 Site Size: 40,828 square feet Sales Price: $773,000 Price Per Square Foot: $18.93 o Location: Northeast corner of Golden Lantern and Acapulco Drive, Dana Point, California Zoning: SP Site Size: 67,070 square feet Sales Price: $1,216,000 Price Per Square Foot: $18.13 5 9 9 o Location: Camino Capistrano, West of Aeropuerto, San Juan Capistrano, California Zoning: CM, SJ Capistrano Site Size: 172,000 square feet Sales Price: $2,150,000 Price Per Square Foot: $12.50 o Location: Calle Arroyo, North of Rho Viejo, San Juan Capistrano, California Zoning: PUD Site Size: 52,730 square feet Sales Price: $521,500 Price Per Square Foot: $9.89 o Location: Crown Valley Parkway, Laguna Hills, California Zoning: PC (Professional Commercial) Site Size: 30,490 square feet Sales Price: $669,900 Price Per Square Foot: $21.97 o Location: Crown Valley Parking, Laguna Niquel, California Zoning: PC (Professional Commercial) Site Size: 43,560 square feet Sales Price: $900,000 Price Per Square Foot: $20.66 6 FRANCISCAN PLAZA COST AND ENCORE NPPNM Date Pnpred: 11-29-17 Bys Walwo lawMer Whitny,lse. : aA. ESrj ATE OF L96TRCTION EILIIGIVE OF L11O-COST WPRM M :1. RETAIL SPAS 1 162.9 PER 4F. 1 16,IM S.F.- s $1,10,10 2. THEATRE SPAYS 1 $93.22 PER S.F. 1 18,91 S.F.• : $1,721,578 s3. PAWING 1 91.0 PER S.F. 1 1486IM S.F.• : f1,596,8M :4. LANDSCAPING 1 Mill PER S.F. 1 15,M S.F.= : $45,111 : 5. WTOTAL s $7,NO,49 :6. Ln PREPARATION [SITE OWING (TYPICAL)PER UJ 11.31 $]1,4% :7. ARMITECT ARG ENGINEERING FEES $348,MI sL INTEREST MINING COSTRVIW $49,10 :9. MISCELMEOR: s $315,10 ;IL LEGAL FEES♦ IIEAWBCE $65,M1 : M. FINANCING 1241,811 12. 9111-TOTAL s $1,126,491 13. TOTAL COM COST : M,49R,944 a8. ESTINGTED ARM MENTAL-INCENE APIPRO 7M :1. LANG VALIE I84,99 S.F. ! ULM - $1,976,363! 12% PER AM : 1231,166 s s :2. AMORTIZED IMT - 15 YEARS ON LESS s :3. SPECIAL ROME: $1,273,942! 12% PER AM FOR 14 YRS.: FACTOR• 17.22 1219,373 ( 151 OF TOTAL COGM COSTS) s s : 3. 96.7070. : $49,539 :4. RENT APPLICAM.E TO BUILDINGS s :S TOTAL COSTL COSTS $8,492,94 :6. LESS - SPECIAL PURPOSE $1,273,942 s :7. RETAINING COST TO BE RECON $7,219,02 :8. AMORTHATICM: 121 FOR 35 YEARS $7,219,02 112%PER YL POR 31 YNS.:FWM• 12.34 1891,20.: s . 1^""""""^"89l OF TOTAL CO STL COSTS) :9. MR RENTAL APPLICABLE TO BUILOIIGS 091,225 :IL TOTAL AMM RENTAL $12.78 PSF i $1,341,364 :Ii. CAPITALIZATION! 91 $14,9K lJNI : Sauces: Marshall and SAM Publicatiahs Mateisa:Levaadr Whitey, Irc. DRAFT REUSE APPRAISAL FRANCISCAN PLAZA PARKING STRUCTURE CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY Prepared by: Natelson•Levander•Whitney, Inc. 10960 Wilshire Boulevard Suite 222 Los Angeles, California 90024 (213) 478-5016 0 0 NATELSON • LEVANDER • WHITNEY, Inc. 10960 WILSHIRE BOULEVARD, SUITE 222 LOS ANGELES,CALIFORNIA 90024 (2131478-5016 October 29, 1987 #3278-A City of San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Mr. Brian Fisk Community Development Assistant Gentlemen: Attached is an Opinion of Value for the Franciscan Plaza Project within the San Juan Capistrano Community Redevelopment area. We certify that we have no undisclosed interest in the property evaluated, that we have carefully examined the property described and the estimates developed in this report represent the unbiased judgement of our opinion of value of the property, subject only to all the assumptions and limitations as specifically set forth herein. The amount of $14,904,040 is our opinion of value for the Franciscan Plaza Project as of October 29, 1987. Very truly yours, NA LSON•LEVANDER•WHITNEY, INC. Jay W. Natelson Principal JWN:kk(C) REAL ESTATE ECONOMIC AND FINANCIAL CONSULTANTS TABLE OF CONTENTS Page Number I. INTRODUCTION 1 Purpose of Appraisal 1 Organization of the Report 1 II. LOCATION AND DEVELOPMENT ANALYSIS 1 LOCATION AND SITE CHARACTERISTICS 1 Location I Methodology I Market Approach to Land Value 3 Cost and Income Approach to Land Value 3 Construction Costs 3 Development Plan 3 Development Model 3 Conclusion of Value 4 Comparable Sales Data 4 APPENDIX A L INTRODUCTION At the request of the City of San Juan Capistrano Community Redevelopment Agency, this appraisal was prepared to determine the fair market value of the Franciscan Plaza Redevelopment Project. The Franciscan Plaza Project is a redevelopment activity undertaken by the City of San Juan Capistrano. The objectives of the redevelopment program are to revitalize and enhance a deteriorated area of the City of San Juan Capistrano. r The purpose of this reuse appraisal is to provide the fair market value of the Franciscan Plaza commercial redevelopment area delineated in Map 1. The Franciscan Plaza has been planned for development as a shopping center and movie theatre providing services to the residents of San Juan Capistrano and surrounding communities. Organization of the Report The remainder of this report is divided into the following major sections: o A location and development analysis of the Franciscan Plaza Project; and o A fair market value appraisal of the Franciscan Plaza Project. II. LOCATION AND DEVELOPMENT ANALYSIS LOCATION AND SITE CHARACTERISTICS Location The Franciscan Plaza is located approximately one-fourth of a mile west of Interstate Highway 5 on the corners of Los Rios Street, Verdugo Street and Camino Capistrano. The parking structure to be leased by the City of San Juan Capistrano will be located on the corner of Verdugo Street and Los Rios Street. Methodology The market comparable approach to value was used to determine the fair market value of the property being appraised. The cost and income approach was also used to further verify said value. 1 • SUIUECI OPERTY 124 - 16 `^ W n • R h w, 1 0 CAMOVO 3 � . loe �e 1� W A TRA H � - N 11 io 1 1Q \� V 5 P ( �*.� LOT 39 t 8 LOT 40 n M 9 3 I N so ss R S- SAN JU �A 30 i 21 0 22 M C CAPIS rRANO res fe i. r 16 LOS Rios r MARCH /95/ R.S, SAN JUAN CAP/STRAA TR. NO. /03 2 0 The market approach to value was used as the foundation for this appraisal. With the acknowledgement that a retail commercial use is the highest and best use for this property, the market approach will provide an accurate estimate of the value. Market Anoroach to Land Value In order to appraise the reuse value of the property herein described as the Franciscan Plaza, recent sales of similarly zoned properties in the area were examined. This approach shows what a well-informed and willing buyer would pay, and a well-informed and willing seller would accept, for the use and enjoyment of the property. Cost and Income Anoroach to Land Value In order to appraise the reuse value of the property herein described as Franciscan Plaza, the costs incurred by a developer in constructing such a development are examined. After depreciating the value of the buildings over time, a reasonable return on developers investment is calculated using a reasonable rate of capitalization. Construction Costs Construction types and costs are developed from analysis of construction cost data prepared by Marshall Valuation Service, and our related project experience. Development Plan The proposed development plan for the Franciscan Plaza includes an 18,500 square foot five-plex movie theatre, approximately 16,000 square feet of retail space and a 410 space parking structure and associated landscaping, all to be constructed by the Franciscan Plaza Investment Group. Development Model This model assumes that the developer will provide all necessary support services. Specific criteria established as assumptions and constraints for the model are: 0 148,000 square foot on-site parking structure providing 410 parking spaces; 0 18,500 square foot five-plex movie theatre; 0 16,000 square feet of retail space; and o a well detailed landscaped mall area for aesthetic and theme aspects of the shopping center site. 3 Conclusion of Value On the basis of our evaluation, we conclude that the reuse value of the Franciscan Plaza Project is FOURTEEN MILLION NINE HUNDRED THOUSAND AND FORTY DOLLARS ($14,904,040), as of October 29, 1987. The supporting tabulation for the conclusion is presented in Appendix A. Comparable Sales Data The following is a listing of those comparable land sales which were used to arrive at a value of similarly zoned land in the area of San Juan Capistrano: a Location: Camino De Los Mares, East of Calle Aqua, San Clemente, California Zoning: C-3 Sales Price: $773,000 Price Per Square Foot: $18.93 o Location: Northeast corner of Golden Lantern and Acapulco Drive, Dana Point, California Zoning: SP Sales Price: $1,216,000 Price Per Square Foot: $18.13 o Location: Camino Capistrano, West of Aeropuerto, San Juan Capistrano, California Zoning: CM, SJ Capistrano Sales Price: $2,150,000 Price Per Square Foot: $12.50 o Location: Calle Arroyo, North of Rho Viejo, San Juan Capistrano, California Zoning: PUD Sales Price: $521,500 Price Per Square Foot: $9.89 4 FMCII311 PLAZA EOIT M 110E m be Ate III I" f IN-26-17 IFI Nelelem Levm4r NNteq,In. t I NL EIRINIIE M L90INCTIDI EVIAN OF L046-M AwAv" 1 it. PETNu MACE -------------- I 861.*NEN LF. 1 I6,IM N.F.• I I1,4I,M1 iLYMTIE MND I 1!3.22 NEN LF. 1 IN 30 LF.- $1,7e1,SM IL PWIN6 I /31.86 PER B.F. 1 111,M1 B.F.• i 11,996,NM N. LAOSONPIID 1 SIMPER LF. I 15,M1 LF.- I MASS I S. WTOTIL I 17,366,451 iL IAO PREPARATION [BITE BOOING ITYPIDUPER LF.1 M.31 i 131,41 17. AR111TECT NO EMINEEN00 FEES i I,AI,MI 16 INTEREST DMINS 00TWtON , W1,IM IA NIOMLU Ni I NM,NI 116 LESAL FEB• NOUNR 186.111 I ill. FIMSCINB 864,86 I I IL BID MOL • 11,126,41 I 11 TOTAL OMM EMT 1 4,1ffi,92 i el ESTImw 118626 WOOL-INE•E NPMN30 1 11. LAND 11LIE 11,9864361 1121 PER NO I 8631,186 I 12,911 LF. 1 SIL33 I i 1 1 1 1 I D IS NOR7RFD IM- LB TERM M LESS I � 1961SL KWORi /1,273,9111 12%IFA AM FOR II YRI FNCIM• 17.21! I 8619,373 � m 1 (^"^""""13%M TOTAL MMM Cam) i z 17. 1 _� 1 L IB-TOTAL 1 NSI,B7P X i9. MR APRIUM TO D1ILDINM i 116 TOTAL MNffm LMIB 4,19e,92 i D ill. LESS-MEI1L PAW SI,e73,91e I 'ill TOTAL $I'mw I 111. MINING IMT TO K EMYM 17,219,Me 1 its NMTI1Ntl/h Ih FOR 31 VEM 17,e19,Me 1 1L 31• 1291,867 i 116 om RENTAL NNUCIME TB IOILDIIM I 4l,eC 117. TOTAL DMMI RENTAL 112.78 w 1 11,311,32 I i 1 CAP1TIRIMTIMI I„ 111,92,12 Imrami Rw46all ed AIN Nlllcetlar f1stelem Lnreler INitmy, Im. L� CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Director of Community Planning & Development FROM: Records Coordinator DATE: July 2, 1990 SITUATION: On February 6, 1990 the City Council directed that the street paving and garage interior regarding the Franciscan Plaza Phase I Parking Structure be reviewed by August 21, 1990. ACTION REQUESTED: This is a notification reminder only. ACTION O�T "BE TAKEN: -/I,k Cgwe d MInUfF5 ✓.e i✓e WENEGGpp ltGEmN�v) Y�e1v�nR�fe fl�wt� � DATE WHEN ACTIOSHOULD BE TAKEN. SIGNATURE OF OFFICIAL TAKING ACTION: ! Z6 DATE SIGNED: o ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07/02/90 Deadline Date: 08/21/90 cc: City Attorney Assistant City Manager (fran/600.30) San Juan Capistrano Community Redevelopment \gena 2 "June 14, 1990 Mr. Paul L. Farber Franciscan Plaza Investment Group 31781 Camino Capistrano, No. 303 San Juan Capistrano, California 92675 Re: Franciscan Parking Structure Lease Dear Mr. Farber: Enclosed is a fully-executed copy of the Lease Agreement for the Franciscan Plaza Parking Structure between Franciscan Plaza Investment Group and the San Juan Capistrano Community Redevelopment Agency. The original Lease has been forwarded to the Orange County Recorder. Please note the insurance requirements set forth in Section 7 of the Lease and forward the required documents to the City Clerk's office as soon as possible. In the event that insurance is not received, Section 7 provides that the Lessee shall have the right to procure and maintain such insurance and deduct such cost from the rent otherwise payable. If you need any further information, please let us know. Very truly yours, Cheryl Jo ns n Deputy City Clerk cc: Cassandra Walker 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 AGENDA ITEM August 7, 1990 TO: Stephen B.Julian, Executive Director FROM: Cassandra Walker, Community Development Manager SUBJECT% Acceptance of the Franciscan Plaza Parking Structure Lease Agreement SITUATION: A. Summary and Recommendation - On June 5, 1990, the Agency entered into a Lease Agreement with Franciscan Plaza Investment Group under the terms of the Owner Participation Agreement executed in December 1987, and amended in October 1989. This lease agreement provides for the lease of commuter parking spaces in the Franciscan Plaza parking structure. Staff recommends adoption of the Resolution accepting the Lease Agreement. B. Background - The County Recorder's Office has requested that the Agency formally accept the Lease Agreement with Franciscan Plaza Investment Group through the Adoption of a Resolution of Acceptance based on Government Code Section 27281. This City Attorney has reviewed the Code Section and recommended that the Agency comply with the Recorder's request. PUBLIC NOTIFICATION: Franciscan Plaza Investment Group. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATION: None. ALTERNATE ACTIONS: 1. By motion, adopt the Resolution. 2 . Direct Staff to enter into discussion with the County Recorder's Office. FOR CRY COUNCIL AGE W �� Agenda Item - 2 - August 7, 1990 RECOMMENDATION• By motion, adopt the Resolution. Respectfully submitted, g�,� C"""'C' Low_" ��ti� Cassandra Walker Community Development Manager CW:jk RESOLUTION NO. CRA 90-8-7-1 ACCEPTING LEASE - FRANCISCAN PLAZA PARKING STRUCTURE A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING THE LEASE AGREEMENT BETWEEN THE FRANCISCAN PLAZA INVESTMENT GROUP AS LESSOR AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AS LESSEE FOR SPACES IN THE FRANCISCAN PLAZA PARKING STRUCTURE WHEREAS, in December, 1987, the Community Redevelopment Agency of the City of San Juan Capistrano entered into an Owner Participation Agreement with the Franciscan Plaza Investment Group which called for the execution of a Lease Agreement. In October, 1989, the San Juan Capistrano Community Redevelopment Agency amended this Owner Participation Agreement which modified the Lease Agreement; and, WHEREAS, this modified Lease Agreement was executed on June 5, 1990; and, WHEREAS, the County Recorder's Office has requested that a Resolution of Acceptance of this Lease Agreement be executed under their interpretation of Government Code Section 27281. NOW, THEREFORE, BE IT RESOLVED, that the San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, does hereby accept the Lease Agreement executed by the San Juan Capistrano Community Redevelopment Agency and Franciscan Plaza Investment Group on June 5, 1990. PASSED, APPROVED, AND ADOPTED this 7th day of August 1990. f - Lt� KENNETH E. FRIE S, CHAIRMAN ATTEST: 7rYECRETARY -l- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, JEFFREY C. PARKER, Acting Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 90-8-7-1 adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 7th day of Au¢ust 1990, by the following vote: AYES: Directors Schwartze, Hausdorfer, Buchheim, Bland and Chairman Friess NOES: None ABSENT: None (SEAL) 777-Y . PARKER, ACTING AGENCY SECRETARY -2- 0 MEMORANDUM June 26, 1990 TO: Cheryl Johnson, Deputy City Clerk FROM: John R. Shaw, City Attorne SUBJECT: County Recorder Memo June 9, 1990 Cheryl, I called Mary Fox to discuss this matter with her. She indicates that the Recorder's office is interpreting Government Code Section 27281 to mean that any instrument which transfers a real property interest to a governmental entity must be documented with a Certificate or Resolution Of Acceptance. While a technical legal argument could be made to the contrary, I don't see any point in fighting with the Recorder's office on this point. I suggest that a brief resolution be drawn up by the Agency staff accepting the subject lease and resubmit it to the Agency for approval. We will need to remember that this is a procedural requirement for future leases which either the Agency or the City Council execute with other parties. If you should have any further questions, please advise. JRS/ef cc: Cassandra Walker, Community Development 4 UNTV OF REGEtYF!3 fuH 12 I f 1214 190 5 7 3 / RAN G E COUNTY RECORDER: C17y 630 N. Broadway, Rnn. 101 V UE.°,in;f1E"N1 P.O. Boa 238 G, , Sanla Ana, CA 92702 JUAN �.".II Telephone:7141834-2500 LEE A. BRANCH COUNTY RECORDER City of San Juan Capistrano June 19, 1990 32400 Paseo Adelanto San Juan Capistrano, CA 92675 We are returning UNRECORDED Lease naming Franciscan Plaza Investment Group together with your remittance of $none, Ck. No. none. The enclosed document requires an acceptance by the grantee pursuant to Government Code section 27281. LEE A. BRANCH COUNTY RECORDER By MARY F EQX Deputy Recorder MEF:jg MEMORANDUM TO: Memo to file FROM: Dawn M. Schanderl, Deputy City Clerk DATE: July 24, 1995 SUBJECT: Franciscan Plaza- Contract Correspondence address to Franciscan Plaza c/o Alden Management 120 Newport Center Drive, Suite 100 Newport Beach, California 92660-6916