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02-0507_FRANCISCAN PLAZA INVESTMENT GROUP_First Amd_Joint Parking and Maintenance Agreement PLEASE COMPLETE THIS INFORMATION RECORDING REOUESTED BY: Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk Recorder :IIIIIIIIIIIIIII'I111J!1lllill1.111111111111111111IIIIIIIINO FEE AND WHEN RECORDED MAIL TO: 20020634701 10 49am 07131102 112 45 A17 5 0.00 0.00 0.00 0.00 0.00 0 00 0 00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary T ansfer Tax - No Cons iderat i n,- And when recorded, please mail to: jeC l ret M. Monahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Redevelopment Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, recorded in official records of Orange County on December 15, 1989, record number 89-681025;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows : Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements" . Subsection (a. ) , entitled, "Parking", the sixth sentence that reads : "Notwithstanding, (1) in no event shall the numbers of commuter spaces be less than 131. . . ". Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . ". Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Agency Copy RECOROF ORANEG ICOUNTY,CALIFOR 4:00 89-681025 Phi DEC 15 1989 X P Q. Recorder C14 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consideration And when recorded mail to: YYv t/01 & 2 �0 City of San Juan Capistrano vn� 1 _ 'V City Clerk's Department Mary AnnOHanKver, City Cleik 9 32400 Paseo Adelanto City of San Juan Capistrano San Juan Capistrano, CA 92675 JOINT PARKING AND MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND THIS JOINT PARKING AND MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND (the "Agreement" ) is made and entered into on this 5th day of December , 1989, by and between Franciscan Plaza Investment Group, a California limited partnership, (hereinafter referred to as "Developer" ) and the San Juan Capistrano Community Redevelopment agency, a public body, corporate and politic (hereinafter referred to as "Agency" ) . RECITALS: This Agreement is made and entered into on the basis of the following facts , understandings and intentions of the Parties: A. On or about September 30 , 1987, Developer and Robert L. Larasen and Dorothy Ngaire Larsen, Trustee of the Robert L. Larsen and Dorothy Ngaire Larsen 1984 Inter Vivos Trust, Dated December 6 , 1984 ( "Larsen" collectively herein) entered into a certain Easement Agreement (the "Developer/Larsen Easement Agreement" ) which was recorded December 18 , 1989 as instrument number 87-700180 in Official Records of Orange County, California which provided for certain reciprocal easements appurtenant to the properties owned by Developer and Larsen, respectively, and which contains an agreement concerning parking in the Parking Facility hereinafter defined. The term "Larsen Parcel" as used herein shall mean those certain lands referred to as the Larsen Parcel in the Developer/Larsen Easement Agreement. B. On or about December 15, 1987, Developer and Agency entered into a certain Owner Participation Agreement (the "OPA" ) which defined a certain Parking Facility and made provision for a 1 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment. The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control . In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Notary: � Owner: zee' Ka maBusk , Franciscan Plaza, LLC. dba: Mission Plaza Approve as to Form: OWILLI�W N. ODELSON Comm.#1279067 'n NOTARY PUBUGCAUFORmA N Orange County John Shaw, Agency Council MyComm.ExgresOct.1,2OO4 San Juan Capistrano Community Redevelopment At est: ;Agency/Ma ga et M. Monahan, Agency Secretary 1 e/ e C a p bell , Chairperson 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 044VQ� SS. On rc 7, 206Z before me, LVJLLy ABY LyX- a_sc)a- TD AE, (NOTARY) personally appeared by SIC ..CNER(SO ❑ personally known to me - OR - -1-A proved to me on the basis of satisfactory evidence to be the person( whose name�yr is/ak subscribed to the within instrument and acknowledged to me that N/she/tt y executed the same in IN,(/her/th*rr authorized capacity( ), and that by hV/her/th r signature on the instrument the person WILLIAM N. ODELSON or the entity upon behalf of which the Comm.t1179D81 person( acted, executed the instrument. NOTARYu Orango County untytIPoRNIA My Comm.Ex6ins Oct.1,2004 ie WITNESS y hand and official seal. NOTA Y$SIGNAIl:RE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER h TI LE OR TYPE OF DOCUMENT ...LE(S) ❑ PARTNER(S) C� ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR r/ Gl DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAMEOF PERSON(S)OR ENTITY(IES) OF E SIGNER APA 5N9 VALLEY SIERRA. 900-362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. too Cityler /Agency Secretary OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title First Amendment to Joint Parking & Signer is Representing Maintenance Agreement & Covenants Running with the land. San Juan Capistrano, Community Title or Type of Document Redevelopment Agency 2 plus this page Number of Pages May 7, 2002 Date of Document Kalma Busk,John Shaw, Margaret Monahan Signer(s)Other Than Named Above Agency Copy Rr-eORCO OF ORANGE CODUNMFTY�CALEFOR 4:00 89-681025 Ph4 DEC 15 1989 �4P Q.` c�u�Reader Recording Requested by: Recording fees exempt due to Govt City of San Juan Capistrano Code 6103 Documentary Transfer Tax - No Consideration And when recorded mail to: �� City of San Juan Capistrano O City Clerk's Department Mary An an ver, City CleftI 32400 Paseo Adelanto City of San Juan Capistrano San Juan Capistrano, CA 92675 JOINT PARKING AND MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND THIS JOINT PARKING AND MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND (the "Agreement" ) is made and entered into on this 5th day of December , 1989, by and between Franciscan Plaza Investment Group, a California limited partnership, (hereinafter referred to as "Developer" ) and the San Juan Capistrano Community Redevelopment agency, a public body, corporate and politic (hereinafter referred to as "Agency" ) . RECITALS: This Agreement is made and entered into on the basis of the following facts , understandings and intentions of the Parties: A. On or about September 30, 1987, Developer and Robert L. Larasen and Dorothy Ngaire Larsen, Trustee of the Robert L. Larsen and Dorothy Ngaire Larsen 1984 Inter Vivos Trust, Dated December 6, 1984 ( "Larsen" collectively herein) entered into a certain Easement Agreement (the "Developer/Larsen Easement Agreement" ) which was recorded December 18 , 1989 as instrument number 87-700180 in Official Records of Orange County, California which provided for certain reciprocal easements appurtenant to the properties owned by Developer and Larsen, respectively, and which contains an agreement concerning parking in the Parking Facility hereinafter defined. The term "Larsen Parcel" as used herein shall mean those certain lands referred to as the Larsen Parcel in the Developer/Larsen Easement Agreement. B. On or about December 15 , 1987 , Developer and Agency entered into a certain Owner Participation Agreement (the "OPA" ) which defined a certain Parking Facility and made provision for a 1 future lease between Developer and Agency for said Parking Facility as well as the potential subsequent acquisition of the fee interest in the Parking Facility by Agency from Developer. The Parking Facility is indicated on Attachment No. 1 attached hereto and is a structure built on a portion of those lands more fully described in Attachment No. 2 attached hereto. The potential subsequent acquisition of the fee interest in the Parking Facility is subject to Developer' s compliance with the California Subdivision Map Act. All terms used in this Agreement are more fully defined in said OPA, said OPA being incorporated by reference herein. C. Concurrently with the grant of an estate in the Parking Facility from Developer to Agency (defined as the "Lease Transfer" in the OPA) , Developer and Agency desire to set forth certain covenants which will run with the Parking Facility and pertain to the operation and use of said Parking Facility as (1 ) an integral part of the contiguous real property fully defined in Exhibit A attached hereto (the "Shopping Center" ) , (2 ) an integral part of the contiguous real property fully defined in Exhibit B attached hereto (the "Larsen Parcel" ) pursuant to the terms of the Developer/Larsen Agreement, and ( 3 ) as a public facility used for paid commuter parking. The Shopping Center together with the Parking Facility shall be collectively referred to herein as the "Parcels" . NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other valuable consideration, the Parties agree as follows: 1 . DEFINITIONS. Each reference in this Agreement to any of the following terms shall mean: 1 . 1 . Building Area. Those areas to be utilized for construction of the building and improvements intended for commercial or office use on the Shopping Center. 1 .2 . Common Area. All areas of the Parking Facility together with the "pedestrian promenade" and "pedestrian bridge" , all as shown and indicated on Attachment No. 1 hereto together with the "Camino Capistrano driveway" shown and indicated on Attachment No. 2 hereto. Any enlargement of or addition to the Common Area as provided herein shall be included in the definition of Common Area for purposes of this Agreement. 1 .4 Occupant. Any person or persons from time to time entitled to the use and occupancy of any portion of the Building Area in the Shopping Center or the Larsen Parcel under this Agreement or any lease, license or concession agreement, or other instrument or arrangement under which the Occupant acquires its 2 right to such use and occupancy. Occupant shall include the officers, directors , employees and agents of such persons. 1 .5 Parking Area. That portion of the Common Area used for parking of motor vehicles, including without limitation, incidental and interior roadways, walkways, curbs and landscaping within the areas used for such parking, together with all improvements which at any time are erected thereon, but excluding parking equipment or space to house the employees and operations for proposed rail baggage service and ticket sales and for security personnel located in the Common Area. Any enlargement of or addition to the Parking Area shall be included in the definition of Parking Area for purposes of this Agreement. 1 . 6 Parties. Agency and Developer and their respective successors in interest to their respective interests in the Shopping Center and Parking Facility, as shown on the Official Records of Orange County, California. 1 .7 Users. All persons granted permission to utilize the Common Area, including without limitation, Occupants , Parties, employees and service people, licensees, invitees, customers, owners, contractors , agents , lessees , sublessees, tenants and concessionaires. 1 .8 Commuters. Members of the public who have paid a daily fee in the minimum amount of Two Dollars ( $2 .00) per day for a license to park their vehicles in the Parking Facility. 2 . GRANT OF RECIPROCAL EASEMENTS. 2 . 1 Common Area Easements. The Common Area on each Parcel shall be used only for the following purposes related to the business and activities conducted in the Shopping Center and in the Larsen Parcal and related to the use of the Parking Facility for paid Commuter parking: a. Parking. Parking of motor vehicles in the Parking Facility. The number of spaces allocated without charge to the Users and Occupants of the Shopping Center shall be based upon a determination of the parking spaces necessary for the commercial uses as determined by the City of San Juan Municipal Code (the "Code" ) . Additionally, a certain number of spaces shall be allocated to Users and Occupants of the Larsen Parcel as set forth in Section 7.1 .a. hereinafter. The remainder of the spaces shall be allocated to Commuters. This proportion shall be readjusted if a change in the use of the commercial space requires a greater or lesser number of parking spaces under the Code. Notwithstanding, (1 ) in no event shall the number of Commuter spaces be less than 3 one hundred thirty-one ( 131 ) and ( 2 ) in the event that, after completion of Phase II, circumstances determine that not all of the spaces in the Parking Facility are needed prior to 7 P.M. for parking by Users and Occupants of the Shopping Center, the Agency shall have the right to obtain and set aside additional Commuter spaces upon written agreement between the Parties and upon payment to the Developer of $5, 446.00 per space or more; it being agreed and understood that the sum of $5,446.00 was arrived at based upon a projected cost of $1 ,203,566. 00 and a total of 221 spaces for the purposes of this Section 2.1 .a. Subject to the rights hereto granted by Developer to Users and Occupants of the Shopping Center, the Agency shall have the right, upon reasonable notification to Developer, to use all of the Parking Facility for public parking on Swallow' s Day and up to five ( 5) additional "Special Days" per year upon reasonable notice to Developer. In such event, no fee shall be collected from persons parking in the Parking Facility. On such days, Users and Occupants shall continue to have the right to use the Parking Facility but such use will be on a "first come, first serve" basis. The Agency may promulgate, and shall use their best efforts to enforce, rules and regulations pertaining to parking. Agency shall have sole discretion in selecting the firm and/or method for managing the parking facility, including the regulations, reasonable charges for Commuter parking use and other terms of operations subject to the terms of this Agreement. As of the date of this Agreement, however, Developer has been designated by Agency as the manager of the Parking Facility and, as manager, Developer will continue to receive a management fee from Agency, it being agreed and understood that the management fee is equal to the administrative fee included in common area maintenance charges described hereinbelow. Agency may at any time upon thirty (30) days written notice to Developer select an alternative management firm. The purpose of the rules and regulations shall be to ensure order and safety but shall not unreasonably interfere with the rights granted Developer hereunder. All fees collected by the Agency (or Developer if Developer is acting as manager of the Parking Facility) shall be distributed, on a 50/50 basis, between Developer and Agency on a quarterly basis. No offset shall be made for common area maintenance charges. Agency (or Developer if Developer is acting as manager of the Parking Facility) shall bill Developer (or Agency if Developer is acting as manager of the Parking Facility) quarterly for the other Party' s share of common area maintenance charges attributable to the Parking Facility pursuant to Section 3 .2 hereinafter and such charges shall be paid 4 within forty-five ( 45 ) days of billing. b. Ingress and Egress. Ingress and egress by any Users and any motor vehicles of such Users to and from any portion of the Common Area and the public streets adjacent to the Common Area. C. Public Utilities. Installation, maintenance and operation of public utilities and services for the Common Area or Building Area, together with and including, without limitation, vaults , manholes, meters , transformers, pipelines, valves, hydrants, sprinkler controls, conduits, sewage facilities, and all related facilities , all of which shall whenever and wherever reasonably feasible be located below the surface of the Common Area, or the surface of any other above ground improvements located thereon; provided, however, that in any event, all of the foregoing permitted public utilities and installations, which are located above the surface of the Common Area, shall be placed so as not to interfere with, restrict, or impede other uses of Common Area provided for herein. d. Pedestrian Traffic. Pedestrian traffic by Users between business establishments in the Building Areas, between the Building Areas and the Common Area, and between the Building Areas and Common Area and the adjoining streets. e. Comfort and Convenience. Minor comfort and convenience facilities for Users , such as mailboxes , public telephones, and benches, as each Party may from time to time deem appropriate to construct or permit to be constructed on the respective Parcels; provided, however, that no such minor inconvenience facilities shall interfere with, restrict or impede other uses of the Common Area provided herein. f. Temporary Construction Activity. Construction, maintenance, repair, replacement, rearrangement and remodeling of buildings and improvements within Building Areas, and Common Areas, landscaping, pedestrian walkways and other improvements in the Common Area not substantially affecting or changing the Common Area except as permitted or required herein. All such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with use of the Common Area, shall be diligently prosecuted to completion, and shall otherwise be performed in compliance with the provisions of Section 2 .5 hereof. In connection with work of construction performed with Building Areas; incidental encroachment upon Common Area may occur as a result of the use of ladders, scaffolding, store-front barricades and similar facilities resulting in temporary obstruction of portions of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of 5 construction work expeditiously pursued. Common Area may be utilized from ingress and egress of vehicles transporting construction materials and equipment and persons employed in connection with any work provided for herein and temporary storage of materials and vehicles being utilized in connection with such construction, subject to all of the other terms of this Agreement. g. Service and Delivery Vehicles. Ingress, egress, and temporary parking of delivery and service vehicles travelling to and from the Building Areas, or any portion thereof, and the public streets adjacent to the Shopping Center for the delivery of goods, wares, merchandise, furniture, fixtures, supplies and equipment, and the rendering of services to any Occupant. h. Doors and Exits. The opening on to the Common Area of doors and other exits of portions of the building Areas contiguous to the Common Area. i. Foundations, Footings , Overhangs and Canopies. Installation, repair, replacement and maintenance of: (i) building foundations and footings ; (ii) building canopies and canopy support columns ; and ( iii ) pilasters and other building columns or pillars extending from any portion of the Building Area of any Parcel, over, onto, under and into the Common Area; provided, however, that building foundations and footings shall not extend beyond a lateral distance of five feet ( 5 ' ) from the Building Area limit lines upon which the building is located; and provided, further, that any building canopies or building overhangs on any building on a Parcel shall not in any event extend beyond the vertical plane of the outside edge of a sidewalk in the Common Area located on the Parcel, adjoining the Building Area perimeter. j . Encroachments. Minor encroachments of building overhangs, support columns, canopies, eaves and signs from a Building Area into the Common Area. 2 . 3 Grant of Easements by Parties. Each Party grants to the other Party non-exclusive easements over, across , in, under and through each Parcel and appurtenant to and for the benefit of the other Parcel, for the uses and purposes set forth in Section 2.1 and 2 .2. Each Party further grants to the other Party a non- exclusive easement, appurtenant to and for the benefit of their respective Parcels, for ingress, egress and access to the Common Area located over, along, and under each Party' s Parcel for the purpose of effectuating any necessary repairs, maintenance and replacement of the Common Area located on each Parcel as provided herein. 2. 4 Use, Duration, and Termination of Easements. 6 a. Use and Duration. Each easements granted herein shall be used by the Parties as an appurtenance to and for the benefit of their respective Parcels, and solely for the purpose of developing and operating the Parcels pursuant to a common plan of beneficial use. Any such easement shall terminate with respect to the benefitted and burdened Parcels after the termination of this Agreement under Section 11 .2 if the use thereof for the benefit of a Parcel is abandoned for a continuous period of two (2) years. b. Procedure to Establish Termination. Abandonment and termination of an easement hereunder shall be presumed for the benefit of any Parcel burdened by such easement upon compliance with the following procedures by the then record owner of such Parcel. Such record owner shall record a notice and affidavit in the Office of the Recorder of the County of Orange which shall contain the following: ( i ) Name. The name of the record owner of the burdened Parcel. ( ii) Statement of Abandonment. A statement concerning the basis upon which the easement is deemed abandoned. (iii) Identification of Owner. An identification of the record owner of the Parcel benefited by the abandoned easement and the identification of the record owner, if any,of any leasehold interest in such Parcel. (iv) Parcel Description. A description of the Parcel burdened and the Parcel benefited by the easement. The foregoing notice and affidavit shall be duly verified and acknowledged and contain a certificate verifying that a copy thereof has been served upon the then record owner of the Parcel benefits by such easement that the then record owner, if any, of the leasehold interest in such benefited Parcel by mailing such notice, certified mail, return receipt requested, postage prepaid to the address given for mailing tax statements in the office of the Tax Collector of Orange County. The notice and affidavit under subsection b. shall create a conclusive presumption binding upon all persons owning any interest in either the Parcel benefited or the Parcel burdened by the easement claimed to be abandoned, unless the record owner of the fee interest in the Parcel benefited by such easement or any record owner of any leasehold interest in such Parcel records, in the Office of the Recorder of Orange County, and concurrently serves on the then record owner of the Parcel burdened by such easement, a notice and affidavit setting forth the following information: 7 ( i) Name. The name of the persons giving the notice and affidavit, identifying the basis upon which such person claims to have the requisite record interest in the benefitted Parcel; (ii ) Basis of Non-Abandonment. A statement setting forth the facts constituting the claim for non-abandonment of the easement; (iii) Identification of Owner. An identification of the record owner of the Parcel burdened by the easement; and ( iv) Parcel Description. A description of the Parcel benefited and the Parcel burdened by the easement. Such notice and affidavit shall be duly verified and acknowledged and contain a certificate verifying that a copy thereof has been served upon the then record owner of the Parcel burdened by the easement by mailing such notice, certified mail, return receipt requested, postage prepaid, to the Address given for mailing tax statements in the office of the Tax Collector of Orange county. d. Relocations of Utilities. Upon termination of this Agreement, the rights of the then owners of the Parcels with respect to the easements for utilities under Section 2 .2(c) shall be governed by the provisions of Section 2.5, to relocate any utilities serving any other Parcel, provided that such relocation is done at the sole cost and expense of the owner accomplishing such relocation and, provided, further, that such relocation does not interfere with or increase the cost of the provision of utility services to the parcel benefited by such utilities. 2. 5 Utility Easements. The Parties shall cooperate with one another and permit installation of any necessary utility and service lines, sanitary or storm water drainage sewers , water lines, telephone conduits or lines, and all other public utilities jointly and mutually to serve the Parcels and Building Areas. Any such utilities shall not be located under any building located on any Building Area, shall be constructed as is reasonably possible so as not to interfere unduly with the overall development and operation of each Parcel by the Parties hereto, and shall otherwise conform to the applicable requirements of this Article 2 . All such utilities shall be separately metered or separately assessed for the respective use of the Building Areas located on each Parcel. 2 . 6 Maintenance of Utility Facilities. All separate utility facilities installed by any Party pursuant to the easements granted under this Article 2 designed to serve exclusively the Building 8 Area on such Party' s Parcel shall be installed, maintained, repaired and removed by such Party without cost or expense to the other Party; provided, however, that if the other Party connects into or utilizes such separate utility facilities pursuant to any easement granted under this Article 2 , then each Party shall be responsible for the installation, maintenance, repair and removal in connection with its utilization of such separate utility facilities. 2.7 Indemnification by Parties. Each Party shall indemnify, defend and hold the other Party harmless of and from any and all loss, cost, damage, injury or expense (including without limitation reasonable attorneys ' fees) arising by reason of injury to or death of persons, damage to property or claims of lien for work or labor performed, materials or supplies furnished arising out of or in connection with use by the indemnifying Party of the easements granted hereunder or the exercise by such Party of the rights granted to it in this Agreement. Any Party may contest any lien or claim of lien asserted against such Party or its Parcel; provided, however, that such Party shall pay and fully discharge any such claim of lien within five (5) days after entry of final judgment adverse to such Party in any action to enforce or foreclose the same, which judgment shall be deemed final when it can be enforced by execution or judicial sale and no such judgment shall be considered final for the purpose hereof during the pendency of a stay of execution in connection with an appeal, or during the time in which an appeal may be taken. 3. MAINTENANCE 3.1 Building Upkeep and Maintenance. Each Party shall, without cost or expense to the other Party, provide for appropriate upkeep and maintenance for the exterior of their buildings and improvements located in the Building Area of each Party' s Parcel. 3 .2 Maintenance of Common Area. Each party shall, without cost or expense to the other Party, provide for appropriate upkeep and maintenance for the Common Area located on such party' s parcel. The Parties ' obligations to maintain the Common Area shall include but not be limited to the following: a. Paved Areas. Maintaining all paved surfaces and curbs of the Common Area in a smooth and evenly covered condition which maintenance work shall include, without limitation, cleaning, sweeping, restripping, repainting, repairing and resurfacing of the Parking Area, and curbs , using surfacing material of a quality equal or superior to the original surfacing material. b. Debris and Refuse. Removal of all papers, debris, 9 filth, refuse, snow and ice, and sweeping the Common Area to the extent necessary to keep the Common Area in a first class, clean and orderly condition; provided, however, that each Party shall install, operate and properly maintain, or cause to be so installed, operated and maintained, on its Parcel, without cost or expense to the other Party and so as not to be visible to the general public doing business at the Shopping Center, sufficient trash compactors , or enclosed or lidded trash bins, for use in connection with storage or all trash, refuse and waste materials of the Occupants of such Party' s Parcel and each Party shall take, or cause to be taken, all necessary measures to keep the Parcels free from all debris and rubbish caused by from such facilities. C. Signals and Markers. Placing, keeping in repair, replacing and repainting any appropriate directional signs, markers and lines. d. Parking Area Lighting. Operating, keeping in repair, cleaning and replacing when necessary such Common Area lighting facilities as may be reasonably required, including all exterior lights attached to buildings located on Building Areas which are intended to illuminate the Common Area. e. Landscaped Areas. Cleaning and maintaining all landscaped areas, including landscaping and planters adjacent to exterior walls of buildings , repairing automatic sprinkler systems or water lines in the Common Area, weeding, pruning, fertilizing and making replacement of shrubs and other landscaping as necessary. f. Utilities. Maintaining, cleaning and repairing any and all common storm drains, utility lines, sewers and other utility systems and services located in the Common Area which are necessary for the operation of the Common Area and the Building Area, and any buildings and improvements therein. g. Insurance. The maintenance of the following policies of insurance: ( 1 ) Insurance against loss or damage to the aboveground portion of the Parking Facility resulting from fire, earthquake, lightning, vandalism, malicious mischief and such perils ordinarily defined as "extended coverage" and such other perils as Agency and Developer may agree should be insured against, if such insurance is available from reputable insurers . In the event that either party determines that the earthquake portion of the insurance required in this Section 3.g. ( 1 ) has become economically unreasonable to obtain, it may request relief from the other party for this requirement and the other party shall not unreasonably withhold its permission to modify this section if it 10 unreasonably withhold its permission to modify this section if it too determines that such a requirement has become an economically unreasonable burden. Such insurance shall be maintained in an amount not less that the full insurable value of the Parking Facility 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 Common Area, such insurance to afford protection to a limit of not less than Two Million Dollars ($2,000,000.00) combined single limit bodily injury and property damage with not greater than Ten Thousand Dollars ( $10 , 000.00 ) deductible; ( 3 ) Worker' s compensation insurance, if applicable, inssued 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 Developer and activities of the Agency with respect to the Parking Facility. h. City, county, state or federal governmental impositions placed on or based upon the Common Area or revenues derived therefrom. Notwithstanding the above, Agency shall select a qualified management company for the maintenance and operation of the Parking Facility. The Agency shall enter into an agreement with the selected management company and the cost of those common area maintenance charges for the Parking Facility as described in (a) through (h) , inclusive, hereinabove together with an administrative fee equal to fifteen percent ( 15%) of the common area maintenance charges shall be allocated between the Agency and Developer in proportion to the ratio of Commuter parking spaces and spaces used by the Users and Occupants of the Shopping Center. This ratio shall be determined with regard to the hours of 6:00 A.M. to 6: 00 P.M. Mondays through Fridays. The following equation expresses this ratio: 11 Agency' s portion ( # of Commuter (12 hrs) of CAM charges Spaces) Total CAM charges (Total # of ( 17 hrs) Spaces) The number of Commuter parking spaces and the number of parking spaces allocated to Users and Occupants of the Shopping Center and the Larsen Parcel shall be determined in accordance with Section 2. 1 .a. hereinabove. All common area maintenance charges, including the adminstrative fee, to be allocated between Agency and Developer shall be paid within forty five ( 45) days after billing. 4. RESTRICTIONS ON BUILDING AREA USE. In the event Agency makes a good faith determination, subject to review by Developer, that the Parking Area is insufficient to meet the demand for parking by Users between the hours of 7 p.m. to 6 a.m. , Agency will so notify Developer and Developer shall have sixty ( 60 ) days within which to designate, by way of notice to Agency, up to four thousand five hundred ( 4,500 ) square feet of Building Area with the Franciscan Plaza Project Phases I and II which Developer agrees will thereafter not be open to the public between the hours of 7 p.m. to 6 a.m. Developer, by way of notice to Agency, may at any time change the Building Areas so restricted provided that at all times at least four thousand five hundred ( 4,500) square feet of Building Area in the Project shall be so restricted. 5. RIGHTS ON DEFAULT. 5.1 Legal Rights on Default. Each Party shall have the right to prosecute any proceedings at law or in equity against the other Party, or any other person, violating or attempting to violate or defaulting upon any of the provisions contained in this Agreement, in order to prevent the violating or attempting to violate or defaulting upon the provisions of this Agreement and to recover damages for any such violation or default. The remedies available under this Section 5.1 shall include, by way of illustration but not limitation, ex parte applications and permanent injunctions enjoining any such violation or attempted violation or default, and actions for specific performance of the Agreement. 6 . ESTOPPEL CERTIFICATE. Any Party may, at any time and from time to time, in connection with the sale or transfer of the Party' s Parcel, or in connection with the financing or refinancing of the Party' s Parcel by mortgage, deed of trust or sale leaseback made in good faith and for value, deliver written notice to the other Party requesting such Party to certify in writing that to the best knowledge of the certifying Party, the requesting Party is not 12 in default in the performance of its obligations under this Agreement, or, any and all defaults. The Party receiving such request shall execute and return such certificate within thirty (30) days following the receipt thereof. Failure by a Party so to execute and return such certificate within the specified period shall be deemed an admission on such Party' s part that the Party requesting the certificate is current and not in this Agreement. The parties acknowledge that such certificate may be relied upon by transferees, mortgagees, deed of trust beneficiaries and leaseback lessors. 7. TRANSFERS OF INTEREST, RIGHTS, POWERS AND OBLIGATIONS. 7.1 Limitations on Parties. In no event shall the rights, powers and obligations conferred upon the Parties hereto pursuant to this Agreement be at any time transferred or assigned by any of such Parties except through a transfer of their respective interests in their respective Parcels or except as specifically set forth to the contrary in this Subsection 7.1 , and then only to the extent and in the manner hereinafter provided; a. Rights of Larsen. Subject to Developer' s obligations as contained in the Developer/Larsen Agreement, the Occupants and Users of the Larsen Parcel (as defined above) shall have the right to use, without any charge or fee, during the daytime from 8:00 A.M. to 7: 00 P.M. , the following number of parking spaces: ( i. ) The number of parking spaces required by the City of San Juan Capistrano for the building located this date on the Larsen Parcel based upon its current square footage; and (ii. ) Such additional parking spaces as may be needed for up to, but not to exceed, an additional Six Thousand (6,000) square feet addition to the building on the Larsen Parcel, provided such additional square footage is for retail or office type of tenants and does not require more than one ( 1 ) parking space per 250 square feet of tenant space or a maximum of twenty- four (24) parking spaces. Notwithstanding, Larsen is not a Party (as defined hereinabove) to this Agreement and Larsen shall have no rights, interests or liabilities under this Agreement except the parking rights conferred in this Subsection a. b. Transfer of Entire Interest. In the event of the transfer, conveyance or termination of the whole of the interest of the Party in its Parcel (or any leasehold interest in a Parcel) without retaining any beneficial interest therein other than as a beneficiary under the terms of a deed of trust or mortgage or 13 without simultaneously acquiring a new interest by way of leasehold, life estate, or any other similar interest, than the rights and powers conferred upon and the obligations under this Agreement of the transferring Party shall be transferred and assigned with its interest. C. Retention of Interest. In the event that (i) the whole of the interest of any party in its Parcel is transferred or conveyed, but a new interest is created in the transferring Party simultaneously with the conveyance of its previous interest, by way of leasehold, life estate, or any other similar interest, or (ii) the transferring Party shall convey its interest in its Parcel, or a portion thereof, by deed of trust, mortgage or other security instrument as security for the obligation or indebtedness of such Party, then none of the rights and powers conferred upon or obligations under this Agreement of the transferring Party shall be transferred or assigned with the transfer or conveyance of its interest, but all of the rights and powers conferred upon and obligations under this Agreement of the transferring Party shall remain in such Party as long as such Party retains, under (i) above, the new interest in and to its Parcel (other than as beneficiary under the terms of a deed or trust or mortgage) , or so long as such Party remains under (ii) above, the beneficial owner of its Parcel. Upon the termination of the new interest created in the transferring Party as specified in this Subsection c. , the rights and powers conferred upon, or the obligations of such Party shall vest in accordance with Subsection b. or d. hereof, whichever is applicable, as if the new interest created in such Party had never existed, subject only to the provisions of Article 11 of this Agreement. d. Multiple Ownership. In the event that any Party shall transfer or convey its interest in its Parcel, or any portion of its Parcel or interest in its Parcel, in such manner as to vest ownership of the Parcel or interest therein in more than one person, then the persons owning all of such interest in such Parcel shall be jointly considered a single Party and such persons involved in the transaction creating the multiple interest shall designate one of their number to act on behalf of all such Persons in the performance of the provisions of this Agreement. Any such designation shall be in writing, duly executed, verified and acknowledged by each such person, shall be served upon the other Party in accordance with the notice provision of this Agreement, shall contain a certificate that a copy thereof has been so served, and shall be recorded in the Office of the Recorder of the County of Orange. In the absence of such written designation, the acts of the Party whose interest is so divided with respect to the performance of the provisions of this Agreement shall be binding upon all of the persons owning any interest in such Party' s Parcel, 14 until such time as the written designation is properly served and recorded as provided by this Subsection d. The exercise or performance of any rights, powers or obligations of a Party under this Agreement by the person designated to represent such Party shall be binding upon all persons having an interest or right in such parcel and/or upon all persons having an interest in such Party. So long as such designation remains in effect, all persons having an interest or right in the Parcel and±or all persons having an interest in such Party shall act only through such persons designated hereunder and the other Parties shall have the right to deal exclusively with and rely solely upon the act or omissions of such person in the performance or provision of this Agreement. Any person designated hereunder may be removed by the persons so designating, in accordance with any procedure agreed to between them, provided that written notice of such removal and designation of. a new person to act as the Party on behalf of all such persons under this Agreement is given and made in the manner specified in this Subsection d. , and in absence of any such written notice and designation, the previous designation shall continue in effect and the acts of the person previously designated with respect to the performance of the provisions of this Agreement shall be binding upon all such persons until such time as the written notice and designation is properly served as provided by this Subsection d. Any person designated pursuant to the provisions of this Subsection d. , shall be the agent of each of its principals, hereby irrevocably appointed for such purpose, upon whom service of any process, writ, summons, order or other mandate of any nature of any court in any action, suit or proceeding arising out of this Agreement may made, and service upon such designated person shall constitute due and proper service of any such matters is also mailed to such principals at the principals ' last addresses known to the sender. Notwithstanding anything to the contrary herein contained, the designation of a person to act on behalf of persons as a Party under this Subsection d. shall not for any purpose relieve any such persons from the obligations or liabilities created by or arising from this Agreement. 8. RELEASE UPON SALE OF INTEREST. 8.1 Sale by any Party. Upon the sale or transfer by any Party of its entire right, title and interest in its Parcel, that party shall be released from the obligations of this Agreement (other than those obligations arising from any default by such Party in the performance of any provision of this Agreement prior to such sale or transfer, including payment of any amounts which may then be due and owing under this Agreement) ; provided that such Party shall have given notice to the other Party of sale, transfer, conveyance or assignment of all of its right, title and interest in its parcel concurrently with the filing for record of the 15 9. EFFECT ON BREACH UPON PURCHASERS AND MORTGAGEES. 9.1 No Termination. The breach of this Agreement shall not eliminate any Party or person to cancel, rescind or otherwise terminate its obligations hereunder. 9.2 Mortgagee Protection. This Agreement, and the rights, privileges, covenants, agreements and easements hereunder with respect to each Party and Parcel, shall be superior and senior to any lien placed upon any Parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but the covenants and restrictions , easements and conditions herein contained shall be binding upon and effective against any owner (including any mortgagee or beneficiary under a deed of trust) of any Parcel, or any portion thereof, who acquires title thereto by foreclosure, trustee' s sale, deed in lieu of foreclosure or otherwise. 10. COVENANTS AND RECORDATION. 10.1 Covenants Run with the Land. All of the applicable provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon and insure to the benefit of the Parties hereto, their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons acquiring any Parcel, or any part thereof of any interest therein whether by operation of law or in any manner whatsoever, unless and until modified as herein provided. All of the provisions of this Agreement shall be covenants running with the land pursuant to the applicable law, including but not limited to Section 1468 of the Civil Code of the State of California. It is expressly acknowledged that each covenant to do refrain from doing some act on each Parcel hereunder (i ) is for the benefit of each other Parcel and is a burden upon each other Parcel, ( ii) runs with each Parcel and (iii) shall benefit or be binding upon each successive owner during its ownership of each Parcel, or any portion thereof, and each person having any interest therein derived in any manner through any owner of any Parcel, or any portion thereof. 11 . RECORDATION. This Agreement shall become effective and binding upon the Parties and their respective successors in interest in accordance with the provisions of this Article 10 upon recordation of this Agreement in the office of the County Recorder of Orange County. 16 12. MISCELLANEOUS. 12. 1 Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise , nor shall it cause them to be considered joint venturers or members of any joint enterprise. 12.2 Termination and Amendment. Except as otherwise specified in this Agreement, this Agreement may be cancelled, changed, modified or amended in whole or in part only by written and recorded instrument executed by all of the Parties hereto and by all of the record owners of all of each Parcel in the event that any of such record owners are not then Parties hereto. Notwithstanding any other provisions of this Agreement to the contrary, all the provisions hereof shall terminate upon the 55th anniversary date of the recordation hereof. 12. 3 Approvals. Unless otherwise herein provided, whenever approval or consent is required of any Party, it shall not be unreasonably withheld. Unless provision is made for a specific time period, approval or consent shall be deemed given in ninety ( 90) days of the receipt of the written request for approval or consent, and if a Party shall neither approve nor disapprove within such ninety ( 90) day period, or other time period as may be specified in this Agreement for approval or consent, that Party shall then be deemed to have given its approval or consent. If a Party shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. The consent or approval by a party to or of any act or request by any other Party shall not be deemed to waive or render unnecessary consent or approval to or any similar or subsequent acts or requests. 12. 4 Public Dedication. Developer and Agency covenant that the Parking Facility shall be dedicated to public purposes provided, however, that "public purposes" shall be defined as "open and available to the public on an equal basis" . All parking, except for parking by Users and Occupants, shall be paid for by the users of the Parking Facility. In the event, however, that neither the Agency nor its successors in interest hold any interest (either leasehold or fee) in the Parking Facility, all paid parking proceeds shall belong to Developer. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center, or of any other parcel, or portion thereof, to the general public, for the general public or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement shall be strictly limited to and for the purposes herein expressed and that 17 all property described herein, except for the Parking Facility, is and shall continue to be private property. 12. 5 Excusable Delays. Whenever performance is required of any Party hereunder, that Party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if delays are caused by civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials or damage to work in progress by reason of fire or other casualty or cause beyond the reasonable control of a Party (financial inability, imprudent management or negligence excepted) , then the time for performance as herein specified shall be appropriately extended by the amount of delay. 12. 6 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 12.7 Notices. Any notice to any Party shall be in writing and given by delivering the same to such Party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid to the Party' s mailing address. The respective mailing addresses of the Parties hereto are, until changed as hereinafter provided, the following: Agency: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Executive Director and, in the event of a claim against the Agency, with a copy to: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Agency Secretary Developer: Franciscan Plaza Investment Group 31831 Camino Capistrano San Juan Capistrano, CA 92675 Attention: Paul Farber 18 12.8 Change of Address. Any Party may change its mailing address at any time by giving written notice of such change to the other Party in the manner provided herein at least ten ( 10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 12. 9 Entire Agreement. This written Agreement contains all the representations and the entire agreement between the Parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are superseded in total by this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning and not strictly for or against any Party. 12. 10 Captions. The captions preceding the text of each Article, Section and Subsection hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. 12.11 References. All references herein to a given Article, Section or Subsection refer to the Article, Section or Subsection of this Agreement. 12.12 Minimization of Damages. In all situations arising out of this Agreement, all Parties shall attempt to avoid and minimize the damages resulting from the conduct of any other Party. Each Party shall take all necessary measures to effectuate the provisions of this Agreement. 12.13 Litigation Expenses. If any Party shall bring an action against the other Party by reason of the breach or alleged violation of any covenant, term or obligation hereof, or for the enforcement of any provision hereof or otherwise arising out of this Agreement, the prevailing Party in such suit shall be entitled to its costs of suit and reasonable attorneys ' fees, which shall be payable whether or not such action is prosecuted to judgment. "Prevailing Party" within the meaning of this Section 12 .13 shall include, without limitation, a Party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action. 19 12.14 Signature Pages. For convenience, the signatures of each of the Parties to this Agreement may be executed and acknowledged on separate pages which when attached to this Agreement shall constitute this as one complete Agreement. 12.15 Time. Time is of the essence of this Agreement and each and every provision hereof. IN WITNESS WHEREOF, the Parties hereto have executed and acknowledged this Agreement as of the day and year first above written. December $„ 1999 19 SAN JUAN CAPISTRANO COMMUNITY REDEVEL PMENT AGENCY By• L::2� Kenneth E. FriessChairman "AGENCY" ATTEST: Aatn Sectretar APPROVED AS TO FORM: ! #" - Stradling, Yocca, Carlson & Rauth, Special Counsel to the Agency Agency Counsel FRANCISC LAZA INVESSTT/fM`EENT GROUP -- Gj•�J,/tel/'"iL "Developer" By Paul Farber, General Partner 20 STATE OF CALIFORNIA }ss. COUNTY OF Orange On this day of 1L0o - , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared Paul Farbpr , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the OFFICIAL SEAL within instrument on behalf of the I.;m;t erg Partnership named therein, and acknow- a� `!I FSJ FEGTE' ledged to me that the limited Partnership executed it. m o ?•^ NOTAr.Y PUSUC - CALIFORNIA i ORA'::- COUNTY WITNESS my hand and official seal. My comm. expires APR 15, 1991 / Notary Public in and r said State. ACKNOW NT—General Limited DadnersAip—WOIcoVs Form 236CA—Rea 5-62 L 1982 WO'Co"OLCOTTS,INC. (Driri p class BBI CORPORATE ACKNOWLEDGMENT NO.z02 State of California On this the me.day of LY OAv,y��e 19-k2 before me, SS. / County of Orange �� g.�✓ /-G y �-� , the undersigned Notary Public, personally appeared Kenneth E. Friess ❑ personally known to me �^^( ❑ proved to me on the basis of satisfactory evidence [Q=IIICIAL SEAL to bethe personGs)who executed thewithin instrumentag FFEILEE`J FEGTE':'r PuLCALIChairman or on behalf of thic8hpoialion therein OCOUrnamed,and acknowledged to me that the corporation executed it. coram. expires APR 15, 1CC WITNESS my hand and official seal. Notary' Ignature MID 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. • PO Box4625 Woodland Hills,CA 91365-4625 CORPORATE ACKNOWLEDGMENT N0.202 State of California On this the day of C ��19�, before me, SS. f County of Orange I �/L & ,�.y� �,e�T'� the undersigned Notary Public, personally appeared Cheryl A. Johnson ❑ personally known tome OFFICIAL, SEAL ❑ proved tome on the basis of satisfactory evidence EII_E�?J FEGTE' NOL".(:Y PLj u, - CALIFORNIA to be the person(1g)who executed the within instrument as . mun1ci a7 court^Y Deputy Agency Secretary or on behalf of the4orporati 3n(herein rnm^l. ex!,ires AFR 15, 1^91 named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature 1120122 NATIONAL NOTARY ASSOCIATION 9 23012 Ventura Blvd. • P.O.Box 4625 • Woodland HiIIe,CA 91365-4625 IomIK IFOFiART10N w.w•wr•••w•• x pY/. ...r-rel—�. . . • wr.wM•. .r .. p ....,.. CWII,t1Y F W - I Q 4 NOTES Qw a p — U ....r•r r.• .�.. H ARID Lo f Y,WLI _ p �� w•rw.. (� Y•wir PRELIMINARY SITE DEVELOPMENT AND VICINITY PLAN "a /cw rx-r a - NN NPt 1 K41 CNH ...r-1•I-I—�� .Pw.W .tl {• 4 \, 1\ • .. KNIIr,r MP.W r, ,.M . !{NIYO rNIO■P !PN\Pq O \P.wC,{CI.M CWII\..N Y NOTES z o MOPIINYL WLNw. " Y�xM wu r M,Y � /1 \-I ■.Nt...PN.. p r�wM r,M rY•�� .�Y^yJV ILLY at■N\uM �' 0 rrr rx.Mw r.r Ir. W .e, p .MK«rrMxMwM.Y '� F KNa{Nw 'L'___J�I� >• ... - —"^.r_- .G U r,..r xxM Kr.Y.�.. ,'Z � woe NaP - .rrw:nPciw {wurweY{r (� .rM.. .�` - � _ F6• ----�.�'��-:.off � M,.",.MM,r�.Mr.K ri Oi NEW _ ._ � N11MN0 � � • ■ � YMK M W M xYM,IM,M YpPI■ � •• 4Y YPO r {t w; • u 1, .(il 1 ^ ` ® w=�Ku W M xr.P,MM, I 11 p N. PRELIMINARY SITE DEVELOPMENT AND VICINITY PLAN - NK■rw-a N P'. . { AmRa CERTIFICATE OF LIABILITY INSURANCE °"j2A j2Q0 ANDOUCER THIS CampleAR IS 1421UND79 A IWAYTER OP PINORNNTIDN Parcone Insurance Agency, Inc. ONLY AND CONFBI! NO NIGNTS.YMN TE CENYMC•T! NOLDSSI. YIDS OMMICATE DOES NOY ANKNO, LJLTEND ON 10231 Irvine Blvd. , Butt* 201 ALIFTR TOM COMMAOE ORWIV OV TNS POL NES NFLDNI. Tastin, CA, 02780 7 NOVAERO AFFOOMINO COVSRADNS IIAM%a CD Alta Plaza, LLC *dUWAA rentUry 3UXqtV 33276 South Point OxLva 0112 "AA41r _ Laguna Balls, CS. 02653 Nd~C. woven o: OMAN^0. ... .' DOVE /Mi NMCiA OFNSUNANCE LOVEDSELOW HAVE SIOJ I{S TO T11e IN711Nm NAMED ABOVE FOR THE POLICY vtllg0 V10"TEO.NOIVWPWrANONO O.M ANY MMINUAWT.TUN OR COMN OF ANY COMM T OR=11 DOCUMENT VNITII NWECT TO WNICM 7114 CiI WM7S MAY SS NSl1S0 011 MAY PERTAIN,YMI MSVNRNOV AIIDP1MW IT THE►OUCIES'DEKMMEO HERON IN K%JDCT TO ALL TIIE TERMS,[J(CLUNOM ANO CONOITIOMIN a NJCN ►OLICIEa.AGGRE(ATEUMITA SNOWNMAY NAV!SEENREOI1dED n AMIDCLAOe as _� n0urr w R LNGT{ CDNERAL LOBLATY GACN OCCUPWEN4 eoNNantlALcxwaAJALwILrtv Cho A„�„rle T cWNnWDG OCG4IA MlDfArIAIYON AON [ CC1336129 11/16/01 11/16/05 ^eRaDwILaADvuaww { DDARw,r ADVISa1R �3.,�(QsQp.Q YC.N'L AOGIrceATe LADT NILKI►OI. "AM)CT{-GMIrro/AQQ 2_1199AAW- rm" F1 Lm W104Oa[ELMMW ' T�una,�l eOs+tIeLANn [ _ AwvAutD 1 + I�•1 All ONaR9AVIDO PONLTINJURV oct1cwtm Mims IrMINNn) { 11aGOM)7M 000.LTM 'NrALJIwNED•In'JJ{ IrAlwaO [ OMNO[LInOUT' AN7O DKT•UAOCaOYT ! ANVMRO CP�pry uw rAACS a Nr7DOWr- Ago I F%CE{gAwJNlcLIw LYea.m SAVAatrI AA{NCA f 000unCI GIAINANAD[ ADO11[YATe A 4[0007Aa F Ipf Ww[wII"IL(Tv bNAND ewhDYCRn I.MIIARY �A AYIwlINMAA+NaMAMWnN CA 01CIIACCalN7 ! YA1Lq,M.na1 IdOL IN, g.L 014GNG.EA votavei I �A[d41RRMMONR www WL DWAI{-10LILY lOAIT I OVlO 9fAt NDI'lnRlOw011GCAllOw IVUMe,l,I if LU M#IIY MOdYWWTINSC'Ai,AVON{ION[ !an Juan Capiatrano Community StedeveopNent Aq"cr 1a nagged ss additional inaarod per the attached form required by written contract *10 days natica 9f oancellation orkyan in the event or n cgwnftAya NOLDSN C City Ot Ben Juan Capi/lcarys ON&"MVW THU As"D[ACAWD AOLICIl/ON CQWVLUU SWK0 YNa■OlaAlm ci Ci tn) f itye Sw Clerk'a 08tiea °wTe'^aE°c.T1s egtnNO wNa6•rw.I.eraewvon 10«Aa 50 DAYO Mmw 92100 C7Ldalanto NOTIC[TO TI(a41K1AMW EN NANaa To 7W LcrT,NR TAsVW TOWN)INAL can Juan Capistrano, CA 0.2'676 A90%NO ONIIOATnw NI UAOWTV a AM'ANO wow TIO WaelaA,Re MR&=M uTAe {. D nlag ACON025I1007J0g) WACOADCORPOIIATOWiota 2.2•d SObe asb 665:01 :WDNA Lehi 9w-LZ-Vib 2 'd S060-2S6-666 awa2euPw Rajadoid asijunS NdD* :E S002 EZ 2 POLICY NUMBER: CCP336129 COMMERCIAL GENERAL LIABILITY INSUREDS ALFA PLAZA,4LC CO 2014(10 93) THIS ENOORSFJiiENT CHAT GE9 THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONXRACTORS (FORM B) -Mb endonwnsrd modlllas Insuranoe pm~andertAs fob baron: COMMEMI^L GENERAL L"LITY COVERAGE PART SconIILt Norm of Person or Orpanamnion: Son Teas Capistrano Community Rrdavdspmcat Ag enq City of San Twn Capistrarw 32400 Paseo Addamto Stu Juan CApilawao.CA SIMS (if no cneY> abaft ieimm dlm shed to oaagic o do f nim bp show[in ibo Daduatios a spplieabbmtbisasdammmu ) WHO [S AN INSWUM(ECC11011A U)Ls tq AAW 10 Include IS sn inured the pawn of orgaoiation above m the Schedule as an Insured buz.00)y wilh;rtrpeci to hqb ty widog out ofyour 021,20im ape roti0m perfanued fbr that insured. co2010(ity99) OopymVlLhOWNIO8WW=ommi11m,1094 T'I'd SBbO 25b 606:01 =WOE b6=LT Low-r2-9m e 'd 5060-294,-666 awaleueW AauadoJd ascuunS wdo* :c 5002 EZ 2nb 32.400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 f„y' m[uAIOAAIFt MEMBERS OF THE CIT'COUNCIL (949)493-1171 ESEAnISYm �1 I96I `1'/^\1 SAM ALLEVATO (949)493-1053 FAX 1776 • , 1` 1 DIANE L BATHGATE wH,W.sanjuancapistran o.org C J WYATT HART JOE DAVIDD M.M.SWEROLIN January 21, 2005 J 2(t --lFranciscan Plaza " P.O. Box 3660 0o'0(,0 r' LTJ I 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. 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 a ou hav any questions, please contact me at (949) 443-6309. retary cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future A0GRO,, CERTIFICA . OF LIABILITY INSURAAE 02/2/2004' 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 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0746539 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 LiabTl INSURERS. Scottsdale Ins Co P.Q. BOX 2849 INSURERS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR kDi TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE rmNpnDIYY1 DATE mytinGpi GENERAL LIABILITY BCS0007474 02/05/2004 02/05/2005 EACH OCCURRENCE $ 1,000,000 XI-COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 PREMISES F,ndcurpni CLAIMS MADE _ OCCUR MED EXP(Any one person) S 5,000 A PERSONAL&AOV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 1,000,00 X POLICY PRO- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY A(ITO (Ea accident) $ AI_L OWNED AUTOS BOn) $ ILY SCI{L UULED AUTOS (Perr person) HIRED AUTOS BODILY INJURY $ NCNOWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY'. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑ CLAIMS MADE AGGREGATE $ S DEDUCTIDLE 5 RETENTION $ $ WORKERS COMPENSATION AND STATLL OTNAII - W'C EMPLOYERS LIABILITY ANY PRCPRIEIORIPARTNERIEXEOUTIVE E L EACH AGCD-JJT u OFFICEFUMEMBER EXCLUDED! E .DISEASE-EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMRNT I SPECII PROVISIONS San Juan Capistrano Community Redevelopment Agency is named as additional insured per the attached form required by written contract. r1O 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 City of San Juan Capistrano 30c' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: City Clerk's Office BUT FAILURE TO MAIL SUCH NOTICE SHALT 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 [�y�•.� 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 .Tuan Capistrano Community Redevelopment Agency City of San Juan 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 TNSURED (Section It) 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(10/931 Copyright, Insurance Services Office,Inc., 1994 MEMBERS OF THE CITY COUNCIL DIANE L RATHGATE JOHN S.GELFF WYATTHART JOESOTO 32400 PASEO ADELANTO `` SAN JUAN CAPISTRANO, CA 92675 yy 1110111111[0 DAVID M.SWERDLIN (949) 493-1171 tImo 1961 (949) 493-1053 (FAX) 1776 lvlvly.sanjuancapistrano.org • INTERIM GIN MANAGER PAMELAGIBSON 0 jd January 6, 2004 Franciscan Plaza 1 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 exra io d te. f y have any questions, please contact me at (949) 443-6309. k r ' �� tS C � A L ria aid a _ Jr ; Secretary SOW cc: Douglas D. Dumhart, Economic Development Manager 441 1 I c'A San Juan Capistrano: Preserving the Past to Enhance the Future Date(mm/ddtyy) Q2 Zng/nl (714) 796-1000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Industrial Risk & THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance SendIces Inc COMPANIES AFFORDING COVERAGE wwwlndustria�com' Company Scottsdale Insurance Company P.O.Box 11829 A (1710 T,Fyjnn� r. Aasoc!)_ gantakw Ca 92711-1829 Ucense #0747540 Company National Union Fire Insurance Co Insured FRANCOI-GRM B (CIO Lpman A- ARRnin) Company Franciscan Plaza, LLC C 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 NAMEDE FOR T LICY INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIESPECT T HtCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIPt2.SUBJEC ALL N REDUCED B A— THE TERMS.EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEE PAID CLAI Im POLICY POLICY I rin Co TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION QIMITS LTR DATE DATE A �ENEIRAL.LIABILITY TBD Add Core '. I invinil L b It 02/05/03 02/05/04 Products-Com noo �00.cuu CZ'e ry Claims Made Personal i r -;Vj-u Owner's&Contractor's Protective Each Occurrence 000i (01fla Fire Dama elan 1 1 lon I m AUTOMOBILE LIABILITY Combined Single Limit IAny Auto All Owned Autos Bodily Injury Scheduled Autos (he,person) Hired Autos Bodily injury Non-Owned Autos (per accident) I Property Damage GARAGE LIABILITY Auto Only-Eacg Accident Any Auto Other Than Auto Only Each Accident q Approbate �EXCESS LIABILITY Each Occurrence B Lid Umbrella Form TBD 02/05/03 02/05/04 [Aw.gale 5 , 000 , QQQ Other Than Umbrella Form $ WORKERS' COMPENSATION Scatutcry Limit Oche :y! EMPLOYERS' LIABILITY EL Each Accident Th.Proprietor/ Ind EL Disease Policy Limit Partners/Executive Officers are: Excl EL Disease-Ea Employee.a OTHER Ten Days Notice For Non-Payment Of Prem. DESCRIPTION OF OPERATIONSILOCATIONSIVEHiCLESISPECiAL ITEMS -artificate holder is named as additional insured/lessor with respects to �heir interest in premises leased to the insured at 26762 Verdugo Street, I nan Juan Capistrano, Ca 92675 (PARKING STRUCTURE) 1%cept 10 days notice of cancellation given for non-payment of premium. 003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 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 REPRE. Redevelopment Agency SENTATIVES. 32400 Paseo Adelanto Authorized Representative San Juan Capistrano, CA 92675 f nEVIDEN Date lmm/tlJ/YYI }/ .C„+ �,Y• 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 Agency Customer ID FRANC03-GM Insured Loan Number Policy Number 2876633380/0003 PENDING Franciscan Plaza, LLC A Delaware Limited Liab. Y Com an Effective Date Expiration Data Continuous until P If Chocked P.O. Box 2849 Ir checked Mission Viejo CA 92690 02/05/03 02/05/04 ❑ This Replaces Prior Evidence Dated: Location/Description 26762 Verdugo Street, San Juan Capistrano, Ca 9267 (Parking Structure) Coverage/Perils/Forms Amount of Insurance Deductible Parking Structure 3, 937, 500 1, 000 SPECIAL FORM/REPLACEMENT COST/100% COINSURANCE 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. k lT! AL':IN EFiEST Name and Address Nature of Interest Mortgagee Additienal insured City Of San Juan Capistrano 8 Loss Payee other LESSOR Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Lean# Signature of Authorized Agent of Company rhe�:RWlR.eiPFrC sera: QA�:y.T 7685 fD.t.Imm1dd/yY) ACORN [CjER.T11F10NK0F U B Pro dUL'er (714) 544-8660 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, Industrial Risk & THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance Services, Inc. Company P.O. Box 3986 A Golden Eagle-PACKAGE Tustin,CA 92781,3986 Uce Insured nse #0747540 Company FRANCOI-J R B Company Franciscan Plaza, LLC C A Delaware Limited Liab. Company Po Box 3660 Company int, qA 9,26,29 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 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE _la NERAL LIABILITY General Aggregate 2, 000, 000 7 if[Commercial General Liability CBP9559223 01/13/02 01/13/03 Products-ComphoutIl Ops AW :V Claims Made W)Occur Personal&Ailverosing Injury _ 1, 000, 000 Owner's&Contractor's Protective Each Occurrence 1 , 000 , 000 File Damage Any I feel 500 ,000 AUTOMOBILE LIABILITY Maeficill E.pep. rson) (any ne pein- nno Any Auto Comi Single Limit All Owned Act. Boclily Injury Schedules Autos (pro person) Hines!Autos Bodily Injury Non-Owned Autos (per accident) Property Damage GARAGE LIABILITY Auto Only-Eacg Accident Any Auto Other Than Auto Only Each Accident —I Xggeg _F CESS LIABILITY Arate sl Each Occurrence q__ 000, 000 A gUmbrella Form CU9559523 01/13/02 01/13/03 Aggregate 5, 000, 000 Other Th..Uinbrelh.For. WORKERS'COMPENSATION Statutory LlTlt other - - EMPLOYERS' LIABILITY The Proprietor/ EL Each Accident Partners/Executive Incl EL Diseasia-P.1ficy Limit Office's.. HEacl EL Disease-Fal Em to ee OTHER ren Days Notice For _T Non-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) except 10 days notice of cancellation given for non-payment of premium. �xG`ANCE LLl4Tlff ....... 002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30' 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 REPRE- Redevelopment Agency SENTATIVES. 32400 Paseo Adelanto W—ullvooze nd-Representatlive San Juan Capistrano, CA 92675 77777: fol 7986 Date(mmi OVID ct:�o IN U MAN SI 0- 08/13/02 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 Golden Eagle Insurance Company Tustin, CA 92781-39.86 (714) 544-8660 Agency Customer ID FRANC03-JM Insured Loan Ntimiloe, Policy Nurritan Franciscan Plaza, LLC 2876633380/0003 CBP9559223 A Delaware Limited Liab. Company Effective Data Expiration Date C.paimunA,until P.O. Box 2849 Terminated Mission Viejo CA 92690 01/13/02 01/13/03 If Checked ❑ This Replaces Prior Evidence Dared: P Location/Description 26762 Verdugo Street, San Juan Capistrano, Ca. 9267 (Parking Structure) [FTN ..... I.... ....... ............ COVERK GEINFORMAT =g./Perils/Forni Amount of Instmencer Deductible Parking Structure 3, 937, 500 1, 000 SPECIAL FORM/REPLACEMENT COST/100% COINSURANCE Certificate holder is named as lessor only with respects to their interest in premises leased to insured at: 26762 Verdugo Street, San Juan Capistrano CA. (PARKING STRUCTURE) Except 10 days notice of cancellation given for non-payment of premium. Wwm��777777m7 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 3 0 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. 4001"GNAL:INTEREST Name and Address Nature of Interest mangrigire, Additional insured City Of San Juan Capistrano Loss Payee �odui, LESSOR Redevelopment A ency 32400 PaseoAdeyanto San Juan Capistrano, CA 92675 Loan" Signature of Autho' d A t fC y &,u Pis 0 7 .. ....... Y P1 Da[e(.m/dd/yy) 08/14/02 �t 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, CA 92781-3986 CIO M.T.S. Insurance Services, LLC (714) 544-8660 Agency Customer ID FRANC05-MR Insured Loan Number Policy Number CGP5752321 Franciscan Plaza, LLC A Delaware Limited Liah. Company Effective Date Expiration Date Continuous Until Terminated P.O. Box 2849 If Checked Mission Viejo CA 92690 01/13/02 01/13/03 El This Replaces Prior Evidence Dated: ~Ew"FQRM"W� . ..... .... 77 Location/Description 26762 Verdugo Street, San Juan Capistrano, CA 9267 (Parking Structure) C VMVE MR�1..ftt �.x' X:Mx ......... Covoirage/Parrils/Forrit, Amount at 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 Bubject to $25, 000 Minimum Per Occurrence FLOOD DED: $50, 000 per occurrence. RKS .............. ........... 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 mcraga,ear Adder rail insured City Of San Juan Capistrano OLose Paryes �Othero Lessor Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Loan If Signature of Authpo' d A ant of C y oraplin ........ . .. . .......... UF= ... ........ ....... AM ... .. . .. .... . . . . .. ...- ..... ..... . .. . . ...... Wwa . .............. 08/14/02 ... .. ... ..... .. . .......... ........ . RESPONSE IndustrialRisk & I I I URGENT SOON AS POSSIBLE I NO REPLY NEEDED Insurance Services, Inc. P.O. Box 3986 Tusdn, CA 927813986 License #0747540 FRONT I Jo Marie Rowe PHONE: (714) 544-8660 FAX: (714) 544-9742 TO: CITY OF SAN JUAN CAPISTRANO SUBJECT FFA C05-JMR 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 City of San Juan Capistrano as additional insured as outlined in our certificate. If additional information is needed, please feel free to give UE1 a call. Sincerely, ... . .. . .. RAY ....... . .... ... ............... ........ ...... .. ..... "S ........ IWA I t ur Kt�y; SIGNATURE ........ 'I.. ...... >CRY OF SAN Il.n\ CppIS1 RPNO n • • 3 P £ 3 t F Ilei�min F �<ITYmOF SP\ IVPN Cp1I51AAKV' San Juan Capistrano Community Redevelopment Agency August 6, 2002 Mr. Dave Busk Franciscan Plaza LLC Go 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, / -1 AhalLdw- Dawn Schanderl Deputy City Clerk cc: Douglas Dumhart, Principal Management Analyst 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 ac�►i:n. ' C RT1FiC OF SSDEDATE ML7NSURA 11/77/92 PRODUCER - THIS CERTIFICATE IS ISSUED ASA 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. Katel la Ave., Ste. 500 POLICIES BELOW. Anaheim, CA 92806 COMPANIES AFFORDING COVERAGE 714-978-9785 COMPANY.A Insurance . .. .... . ....... .. LEITER Company of the West (ic.i• - / d COMPANY LETTERB /. _ K� INSURED LEER r lJl/l Franciscan Plaza Invest Group COMPANY C 31831 Camino Capistrano, #100 _LETTER SanJuan Capistrano„ CA COMPANY92675 D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFYTHAT 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE -POUCYEXPIRATION' OMITS LTii', DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE :E 2,000,000 A X COMMERCIALGENERALLUSLITY CTNI17783001 11/15/92 11/15/93 PRODUCTS-COW/OP AGG. E 1,000,000 CLAIMS MADE X :OCCUR. PERSONAL&ADV.INJURY E 1,000,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE E 1,000,000 X Hired & Non-Owned FIRE DAMAGE(Any oro Sro) E 50,000 .... MED.EXPENSE(Arlt'one pereen)S 5,000 AUTOMOBILE LIABILITY : :COMBINED SINGLE ANY AUTO - LIMIT E ALL OWNED AUTOS BODILY INJURY.... . SCHEDULED AUTOS per Peron) E HIRED AUTOS BODILY INJURY E NON-OWNEDAUTOS .(Per.1dem) - GARAGE LABILITY . . PROPERTY DAMAGE E EXCESS LIABILITY - EACH OCCURRENCE E 5,000,000 A X UMBRELLAFORM - ETN117262201 - 11/15/92 11/15/93 AGGREGATE E 5,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT DISEASE—POLICY UMI E ... EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $... OTHER i C DESCRIPTION OF OPERATIONSILOCATIONSIVMCLESISPECIAL ITEMS 10 DAYS NOTICE FOR NON PAYMENT n CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT TO: FRANCISCAN PLAZA PARKING STRUCTURE CEATFICATE HOLDER X SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE t� ?! EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN JUAN CAPISTRANO :y MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CON MUM ITY REDEVELOPMENT AGENCY LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DAWN SHANDERL 32400 PASEO ADELANTO LIABILITY OF ANY IOND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 r,/IJ/pA ` AUTH�/. I OR/ND REPRESENTATIVE,, ACORD WS(7190) ACORD CORPORATION IM 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 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 E. KATELLA AVENUE, SUITE 500 ANAHEIM, CALIFORNIA 92806 GCM 10 11 w COPYMKT,Nsuwwce SERMES OFFICE,INC.1%4 &Coni. CJI' STATE i COMPENSATION I N S U R A N C E FUND uI 7IIL P ALTO- L JUNE 309 1992 � i;.l CITY OF SAN JUAN CAPISTRANO BUILDING E SAFETY DEPT. ATTN: DAWN SCHANDERL 32400 PASEO ADELANTO SAN JUAN CAPISTRAN09 CA 92675 CERTIFICATE OF WORKERS• COMPENSATION INSURANCE CANCELLATION WITHDRAWAL NOTICE RE: CERTIFICATE DATED DECEMBER 19* 1991. THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS• 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.* 92675 1263382 - 91 CUSTOMER SERVICES UNIT SOUTH ORANGE DISTRICT OFFICE (714) 668-3445 1275 Market Street•San Francisco, CA 94103-1410 Mailing Address: P.O. Box 807•San Francisco, CA 94101-0807 SCIF 6229 STATE P.O.BOX 807,SAN FRANCISCO,CA 94101-0807 COMU■NSATION IN d u R A N C C FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 19 , 1991 POLICY NUMBER: 1263382 - 91 CERTIFICATE EXPIRES: 7-1 -9 2 r CITY OF SAN JUAN: CAPISTRANO BUILDING & SAFETY DEPT . /ATTN : DAWN SCHANDERL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 J03 : ALL OPERATIONS EMPLOYEES = 4 -5 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. PRESIDENT EI'DORSEhEl]T #0015 ENTITLED ADDITIONAL INSURED EIIPLOYER EFFECTIVE 12/19/91 IS ATTACHED TO AND FORHIS A PART OF THIS POLICY . NAhE OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO n w N C W =-,S.7 rn n 2;-� " < Ln v, tV n=�v ; o z EMPLOYER r PAUL FARBER , GRAL PARTNER VARIOUS LTD PARTNERS DBA : FRAi:CISCAN PLAZA IPVESTNENT GROUP 3178 CAi4INO CAPISTRANO , ;r'303 SAP; JUAN CAPISTRANO , CA 92675 L SCIF 10262(REV.10-e6) OLD 262A Mfflbu- CERTIMAPEOFINSURANCE CSR LG ISSUE DAT/P"""° M /9 PRODUCER THIS CERTIFICATE IS I;i$)JfcD AS A MATTER OF INFORMATION ONLY AND CONFERS NOR Uf$1'14 THE CERTIFICATE HOLDER.THIS CERTIFICATE Granger-Hanna Insurance Assoc. DOES NOT AMEND,EXTEND OR R R THE COVERAGE AFFORDED BY THE 2401 E. Katetta Ave„ Ste. 500 POLICIES BEL Anaheim, CA 92806 AN OMPANIES AFFORDING COVERAGE 714.978-9785CITY,,GL_.gK., - �E� A Ir%bP Aq n of the West GI�Y ,fSiTA`Y COMPANY B INSURED LETTER Franciscan Maze Investment Group COMPANY C 31781 Camino Capistrano, #303 LETTER San Juan Capistrano„ CA COMPANY 92675 LETTER D COMPANY E LETTER COVERAGE$ 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. COTYPE OF INSURANCE POUCYNUMSER POUCYEFFECTIVE -POLICYEXPIRATWN LIMITS LTR' DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 6 2,000,000 A X COMMERCULLGENERALUABIUTY CTM117783000 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 6 1,000,000 X Hired 8 Non-Owned FIRE DAMAGE Nm one Poe) S 50,000 Auto MED.EXPENSE(Any one Penon).f 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO UMR S ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per ecddenN f GARAGE UASIUTY PROPERTY DAMAGE 6 EXCESS LIABILITY EACH OCCURRENCE S 5,000,000 A X UMBRELLAFORM ETNI17262200 11/15/91 11/15/92 AGGREGATE 6 5,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY UMRS AND EACH ACCIDENT S EMPLOYERS'LIABIUTY -DISEASE—POUCY UMIT S DISEASE—EACH EMPLOYEE S OTHER A PROPERTY CTN117783000 11/15/91 11/15/92 BUILDING 57,959,000 SPECIAL FORM DESCRIPTION OF OPERATIONSAACATONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY WITH RESPECT TO: FRANCISCAN PLAZA PARKING STRUCTURE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r EXPIRATION DATE THEREOF,THE ISSUING COMPANY INIU:EMBF.*05R+@ CITY OF SAN JUAN CAPISTRANO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE COMMUNITY REDEVELOPMENT AGENCY LEFT ATTN: DAWN SHANDERL 32400 PASEO ADELANTO - SAN JUAN CAPISTRANO, CA 92675 '. AUTHORIZED R ESEN TIVE ACORD 25-S'(7190) OACORO CORPORATION 1990 FRANCISCAN PLAZA INVESTMGROUP t 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 ❑ ISSUE DATE(MM/DD/YY)A,," . crnFicA N 6/21/91 PRODUdSi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE FARMERS INSURANCE GROUP POLICIES BELOW. DENNIS DE PRETE COMPANIES AFFORDING COVERAGE 5316 E.Chapman Ave., H202 Orange, CA 92669 I (714) 633-3431 COMPANYLETTER A TRUCK INSURANCE EXCHANGEi 1�) COMPANY B C� - � INSURED LETTER i FRANCISCAN PLAZA INVESTMENT GROUP COMPANY LETTER C C 31781 CAMINO CAPISTRANO #303 _ SAN JUAN CAPISTRANO CA 92675 rOMPANYD no L LETTERz�mY COMPANY ��Yt LETTER E 70�r COVERAGES .: _ :: ,. _ 407 pi yZoil THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEANt FOR POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT-{�&LL 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(MM/DD/YY) DATE(MM/OD/VY) GENERAL LIABILITY GENERAL AGGREGATE $ 500, 000 A X COMMERCIAL GENERAL LIABILITY 1495 29 50 6/1/91 6/1/92 PRODUCTS-COMP/OP AGG. $ CLAIMS MADE X OCCUR. PERSONAL&ADV. INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NONOWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 5 ,000, 000 A XXUMBRELLA FORM 1489 95 43 1/1/91 1/1/92 AGGREGATE $5 , 000, 000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS 31831 CAMINO CAPISRTRANO, SAN JUAN CAPISTRANO CA PARKING FACILITY CERTIFICATE HOLDER ' `s�G66LA > �i - - THE CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND THE SAN JUAN CAPISTRANO RE- EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DEVELOPMENT AGENCY MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO CA 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AS ADDITIONAL INSURED ORIZED REPRESENTATIVE i ACORD 25-S(7190) ,;, - �J - ®ACORD CORPORATION 1990 w R 3 RV R!7. 'A' IL!\ CMISTRPXOc San Juan Capistrano Community Redevelopment Agency May 10, 1991 Mr. Paul Farber Franciscan Plaza Investment Group 31781 Camino Capistrano, Ste 303 San Juan Capistrano, California 92675 Re: Renewal of General Liability Certificate of Insurance (Joint Parking and Maintenance Agreement & Lease Agreement, Franciscan Plaza Parking Structure) Dear Mr. Farber: The -General Liability Certificate of Insurance, regarding the above-referenced projects, -are'due to expire on June 1, 1991. In accordance with your agreements, the insurance certificate needs to be renewed for an additional period of one year. The agreements require a general liability endorsement form naming the City of San Juan Capistrano as well as the San Juan Capistrano Community Redevelopment Agency as additional insureds. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's Office, by the June 1st expiration date. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, Dawn M. Schandert Records Coordinator cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 All CERTIFICATE OF INSURANCE BS6 DATE(MMIDDIVY) _ 6/21/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE FARMERS INSURANCE GROUP POLICIES BELOW. DENNIS DE PRETE COMPANIES AFFORDING COVERAGE 5316 E.Chapman Ave., #2O2 Orange, CA 92669 coMPANr (714) 6333431 LETTER A TRUCK INSURANCE EXCHANGE c COMPANY ' 10 IV INSURED LETTER EI ZBM2 G.s.T a n�� 1 FRANCISCAN PLAZA INVESTMENT GROUP LE TER"Y C _vo�c CD 31781 CAMINO CAPISTRANO #303 N rrn22 m SAN JUAN CAPISTRANO CA 92675 LETTER Y D =x = v COMPANY E GO 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MM/DDIYY) - GENERAL LIABILITY GENERAL AGGREGATE S 500, 000 A X COMMERCIAL GENERAL LIABILITY 1495 29 50 6/1/91 6/1/92 PHODUCTS COMPIOP AGO $ CLAIMS MADE X OCCUR. PERSONAL i ADV. INJURY i OWNER'S a CONTRACTOR'S PROT. EACH OCCURRENCE i FIRE DAMAGE(Any one lee) i MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE i ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) i HIRED AUTOS BODILY INJURY i NON OWNED AUTOS (Per scciGenl) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $5 , 000, 000 A XXUMBRELLA FORM 1489 95 43 1/1/91 1/1/92 AGGREGATE 55, 000, 000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT S AND DISEASE—POLICY LIMIT i EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE i OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 31831 CAMINO CAPISRTRANO, SAN JUAN CAPISTRANO CA PARKING FACILITY CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND THE SAN JUAN CAPISTRANO RE— EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DEVELOPMENT AGENCY MAIL 110 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO CA 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AS ADDITIONAL INSURED 111011 pEPRESENTATIVE l� ET- •• r colnor.r ADDITIONAL INSURED ENDORSEMENT Reference is made to the attached Certificate as To Evidence of Insurance. It is agreed that: The person or organization to whom the attached Certificate is issued is an additional insured. This applies only with respect to liability arising out of the acts or omissions of the named insured. It applies only to the coverages indicated on the Certificate. This extension of coverage does not apply: 1. To liability arising out of the negligence of the additional insured, its agents or employees, unless the agent or employee is the named insured. 2. To any defect of material, design or workmanship in any equipment of which the additional insured is the owner, lessor, manufacturer, mortgagee, or beneficiary. 3. To any vehicle liability when the named insured is not the owner or does not have care, custody, or control of the vehicle. The intent of this endorsement is to provide the coverage as stated above and in the Certificate. If any court shall interpret this endorsement to provide coverage other than what is slated above then our limits of liability shall be the limits of bodily injury liability and property damage liability specified by any motor vehicle financial responsibility law of the state, province, or territory where the named insured resides. If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one person in any one occurrence and subject to this provision respecting each person, $10,000 on account of bodily injury sustained by Iwo or more persons in any one occurrence. Our total liability for all damages be- cause of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed $5,000. This endorsement does not increase the coverage limits. This eadonemen1 beco mel part of the policy to which it is attached and supersedes and controls anything in The policy contrary hereto but is olherwise subject to the Declorallons, Insuring Agreements, Exclusions and Conditions thereof. +on.nou+L Lrsunro ova , 56.0108 ]TN EDITION 11-88 L-90 1201 SH/f000 D9 oft r / ALLSTATE INSURANCE COMPANY ISSUED MAY 16, 1991 0 34 81486❑ ❑6/25 Policy Period And Premium Period i 118 858559 FROM JUN 25, 1991 ROBERT BLAIR TO DEC 25, 1991 BALLARD SUITE #18 1590 DS COAST HWY LAGUNA BEACH CA 92651-2733 12:01 A.M. Standard Time 4. The following coverages and limits apply to each described vehicle as shown below. If the word "amended' followed by date appears above,the insurance applies only from that date. Vehicle Year I Make and Serial Number Lienholder 1 84 TOYTR JT4RN56D8E5025884 2 89 JEEP 1J4FJ58L1KL556221 Your Coverages and Limits of Liability AA BODILY INJURY LIABILITY 1 2 #100,000 EACH PERSON — $300,000 EACH OCCURRENCE BB PROPERTY DAMAGE LIABILITY 1 2 850,000 EACH OCCURRENCE SS BODILYRINJURYORISTS 1 2 8301(100 EACH PERSON — 860,000 EACH ACCIDENT CX COORDINATED MEDICAL PROTECTION 1 2 85,000 EACH PERSON 1 2 DD AUTOMOBILE COLLISION —ACTUAL CASH VALUE 1 LESS DEDUCTIBLE OF $250. 00 EACH OCCURRENCE 2 LESS DEDUCTIBLE OF $500 .00 EACH OCCURRENCE 2 WAIVER OF DEDUCTIBLE APPLIES 1 2 HH AUTOMOBILE COMPREHENSIVE —ACTUAL CASH VALUE- 1 2 LESS DEDUCTIBLE OF $250.00 EACH OCCURRENCE THE FOLLOWING FORMS/ENDORSEMENTS APPLY AU104-3 AUTO POLICY N vnn ha„n pnv f • • a r F COVERAGES, PREMIUMS AND OTHER POLICY INFORMATION COVERAGE DESCRIPTION 84-TOYTR 89-JEEP AA & BB BODILY INJURY & PROPERTY DAMAGE LIAB . $408 . 00 $617.00 SS UNINSURED MOTORISTS $68 . 00 $27. 00 CX COORDINATED MED PAY $37. 00 $24 . 00 DD AUTO COLLISION $131 .00 $225 .00 HH AUTO COMPREHENSIVE $46.00 $79 . 00 TOTAL PREMIUM BY VEHICLE $690. 00 $972.00 GOOD DRIVER DISCOUNT YES MULTIPLE CAR DISCOUNT YES YES RENEWAL DISCOUNT YES YES TOTAL PREMIUM $1,662.00 IMPORTANTTHIS IS A RENEWAL OFFER ONLY . INSURANCE DESCRIBED ON THIS DOCUMENT WILL NOT GO INTO EFFECT UNLESS THE PREMIUM IS PAID BY THE DUE DATE SHOWN ON THE PAYMENT NOTICE BELOW . PLEASE READ THE ENCLOSED ZPZ LETTER FOR ADDITIONAL INFORMATION SEE IMPORTANT NOTICE X3608-1 ON LIMITS OF FUTURE COVERAGE THE DRIVERS NAMED BELOW ARE CURRENTLY LISTED ON YOUR POLICY . IF THERE ARE ANY OTHER DRIVERS IN YOUR HOUSEHOLD, PLEASE CONTACT YOUR AGENT IN ORDER TO HAVE YOUR POLICY UPDATED . ROBERT, KARLI, CHRISTOPHER, DONNA agmen eco ED-5 64 680136 1-7 6621004524 U 8 QC3 30 Data DO 6-25-91 2-9 5810108014 W 3 AB1 10 pald 21 18 pAngunt a0 34 614860 Check Number Office use only -t'IT4 i4 ♦ ♦ it 4iYliTPavi • - / .nrnx nl lm S San Juan Capistrano Community Redevelopment Agency May 28, 1991 Blair Ballard, Architect 1590 South Coast Highway #18 Laguna Beach, CA 92651 Re: Renewal of Automobile LiabilityCertificate of Insurance (Railroad Platform Franciscan Plaza Gentlemen: The Automobile Certificate of Insurance, regarding the above-referenced project, is due to expire on June 25, 1991. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please forward an updated certificate to the City, attention City Clerk's Office, by the June 25th expiration date. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, 111_ Dawn M. Schanderl Records Coordinator cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 CERTIF{CA OF ■ i[p� /�� ISSUE DATE(MM/DD/YY) ��+SB'>IR"tNVG 12-21-90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS -FARMERS INSURANCE GROUP -NO THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, DENNIS DE PRETE EIF R THE COVERAGE AFFORDED BY THE POLICIES BELOW 5316 E. Chapman Ave., 9 ,0 -2,11",,� Orange, 3 9261 c 6 ANTES AFFORDING COVERAGE (714) 633-3431 � �� CK INSURANCE EXCHANGE CODE SUB-CODE ww INSURED J N V FRANCISCAN PLAZA INVESTMENT GROUP LETTERNY C A CALIFORNIA LIMITED PARTNERSHIP 31781 CAMINO CAPISTRANO LEETTEAR"Y D SUITE 303 SAN JUAN CAPISTRANO, CA 92675 LETT NYRE 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DDNY) DATE(MM/DONY) — GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE 5 CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one tire) $ MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ (Per person) HIRED AUTOS BODILY NON-OWNED AUTOS INJURY $ (Per acclaenQ GARAGE LIABILITY PROPERTY a DAMAGE EXCESS LIABILITY EACH AGGREGATE A XX 1489 95 43 1-1-91 1-1-92 0CC6RR5NDE a 5000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND a (EACH AGCIDENT) $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNENICLESIRESTRICTIONSISPECIAL ITEMS 31831 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO, CA CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND THE SAN JUAN CAPISTRANO REDEVELOPMENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO AGENCY MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO ADELANTO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO, CA 92675 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTEN:RECORDS COORDINATOR AG ED REPRESENTATIVE��\T ACORD 25-S(3/88) , v �Q Oft CORPORATION 1988 San Juan Capistrano Community Redevelopment Agency i3 i _moi bwvuu.�xxJ xn++ iv) December 18, 1990 Mr. Paul Farber Franciscan Plaza Investment Group 31781 Camino Capistrano 4303 San Juan Capistrano, CA 92675 Re: Renewal of Excess Liabilit if of Insurance 31831 Camino Capistrano, Parking Facility Dear Mr. Farber: The Excess Liability Certificate of Insurance, regarding the above-referenced property, is due to expire on January 1, 1991. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Recorgs Coordinator cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager 92400 Paseo Adelanto San Juan Capistrano California 92675 714-499-1171 rCcr�la 7MFOul k)rewiavu, K�3N9 tYhf�A]r ��•. . . . is LIABILITY ENDORSEMENT 46. CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT 32400 Paseo Adelanto San Juan Capistrano, Cali �� 92�i7 , ATTN: nmim SCNONri_Ri_ 9O C1TV CIEAK DFPAFTMENT A. POLICY INFORMATION 01Y OF SAN Endorsement ;t F_TI nR JUAN CWJ7RAN1 1. Insurance Company TRUCK TNSIIRANCF ; Policy Number 11105 �>0 5n/7 eR9g5 Al 2. Policy Term (From) - - o -7. -9t_ ;Endorsement Effective Date 6-1 -on 3. Named Insured FRANCTSCAN DLA7A TNvF TMFNT ,RnnD u. Address Of Named Insured 1,17-81 A M i n rA1, T A r o z A N "AN _rl S. Limit of Liability Any One Occurrence/Aggregate 5n0 _0nn 500 ,nn0 PnLTCy Iaa9 of Ai UMRPFLLA a5 ,non ,000/45 ,onn ,nnn - - General Liability Aggregate (checH ome:) Applies "per location/project" x Is twice the occurrence limit 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ in nn UMBRELLA POITCv ONLY r 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) v Commercial General Liability "claims-made' form CG0002 S. Bodily Injury and Property Damage Coverage is: "claims-made" Y 'occurrence' If claims-made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. OONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, Its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, afford*overage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73)0 Comprehensive General Liability Insurance and Insurance Services Office form nymber GL 0404 Broad For-r comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG 0001 or "claims-made" form CG 0002; or (3) If excess, affords coverage which is at least as broad, as �ther primary insurance forms referenced in the preceding sections (1) and (2)., 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim Is made or a suit is brought, except with respect to the Company's limit of liability. S. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and the Community Redevelopment Agency# Its 4.16064,99 appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or In limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Title Department FARMERS INSURANCE GROUP DENNIS DE PRETE 5316 E. Chapman Ave.,0202 Orange, CA 92669 (714)633.3431 rs.y. (State) (ZIP e tTelephone O. SIGNATURE OF INSURER OR AUTHORIZED WRESENTATIVE OF THE INSURER I, n r ni ni T t n r o R F T F (print/type name), w4rrant that I have authority to bind the below listed insurance company and by my signature hereon do so blind this company. SIGMTURE OF AUTOQRIZED REP EMlYTXM (original signature required on endorsement furnished to the City) CRG4NIZATICN: FARMERS INSURANCE GROUP TITLE: DENNIS DE PRETE / Alr[tESS: 5316 E. Chapman Ave., 0202 TELEPlLNE: Y ) Orange, CA 92669 (714) 633-3431 San Juan Capistrano Community Redevelopment Agency December 3, 1990 Ms. Lea Blanda Franciscan Plaza Investment Group 31781 Camino Capistrano, Suite 303 San Juan Capistrano, California 92675 Re: General Liability Additional Insured Endorsement Dear Lea: Thank you for the Certificate of Insurance, which was received by the City on November 30, 1990. In accordance with your agreement, please be advised of the following: (1) The City requires an Additional Insured Endorsement form naming the City of San Juan Capistrano and the San Juan Capistrano Redevelopment Agency as Additional Insureds in regards to the General Liability Policy. I have included one of the liability forms used by the City; however, your insurance company may provide their own form. Please forward the endorsement to the City, attention City Clerk's Office, by December 19, 1990. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Records Coordinator cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager a 82400 Paseo Adelanto _ San Juan Capistrano . California 92675 �- 714-493-1171 - ,om6Ue cERTncATFbFlNSURANCE ISSUE DATE(MM/DDIYY) 11 -30-90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS P r I—'NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, FARMERS INSURANCE GROUPA r r,E DENNIS DE PRETE a(7ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 5316 E.Chapman Ave., N202 `IL)v �� 11 c,- 1f1 rQN Orange, CA 92669 �.1W 37 5 9 1 rn� COMPANIES AFFORDING COVERAGE (714) 633-3431 COMPANY CODE SUB-CODE ` '=-hr4+ A TRUCK INSURANCE EXCHANGE 6I: I, , ir9i)3 I C t',T, _ r COMPANY INSURED fU+I_ LETTER_, B COMPANY l FRANCISCAN PLAZA INVESTMENT LETTER C `;'� Y j j GROUP 31781 CA.MINO CAPISTRANO #303 ETEFNY � SAN JUAN CAPISTRANO , CA 92675 COMPANY LETTER E 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) — GENERAL LIABILITY f n GENERAL AGGREGATE $ 500 00 A XX COMMERCIAL GENERAL LIABILITY 1 4 9 5 2 9 50 6-1 -90 6-1 -91 PRODUGTS-COMP/OPS AGGREGATE $ CLAIMS MADE X X OCCUR. PERSONAL 8 ADVERTISING INJURY $ OWNER'S It CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) S MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO LIMIT ALL OWNED AUTOS BODILY NJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY NJURY $ NON-0WNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE AXX OTHER THAN UMBRELLA FORM 1489 95 43U 1 -1 -90 1 -1 -91 $ 5 ,000 $ 5 , 000 WORKER'S COMPENSATION STATUTORY $ (EACH ACCIDENT) AND $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 31831 CAMINO CAPISTRANO , SAN JUAN CAPISTRANO , CA PARKING FACILITY LESSORS RISK CERTIFICATE NOIDER CANCELWTtON THE CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND THE SAN JUAN CAPISTRANO R E- EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DEVELOPMENT AGENCY MAIL 1n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 P A S E O A D E L A N T O LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN JUAN CAPISTRANO , C A 92675 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. THORI2ED REPRESENTA IVE AS ADDITIONAL INSURED ACORD 25-5(3/88) , CACORD CORPORATION 1988 • LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT 32400 Paseo Adelanto San Juan Capistrano, Caii ff 9�i7 ATTN: nAIdN SCNAnin_ooA L 9� CITY CkWE I A. POLICY INFORMATION JUANUlf USAN Endorsement // ETI nR 1. Insurance Company TPUCK TNS I RANCF • Policy Number 11705 90 50/16Ro 95 no 2. Policy Term (From) -1 -90 To) 5-1 -91 :Endorsement Effective Date 5 -1 -00 3. Namedlnsured FRAniCTSCAN DLA7A TNVFSTMFNT CRntlo 4. Address of Named Insured 31781 AM Nn ADT Ain TF Q a AN i N 5. Limit of Liability Any One Occurrence Aggregate 5n0 ,non Snn ,n )n PnLTCY 16A9 QF ao UMPPri-LA. Q5 ,nnn ,nnn/R9 ,OOO ,00n General Liab2"*y Ag.-.A en 1u (check On!?:) -0 Applies_ "per locationiproject" X Is twice the occurrence limit 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ in ,nn n UMPRFLLA POLICY ONLY 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) v Commercial General Liability "claims-made" form CG0002 8. Bodily Injury and Property Damage Coverage is: "claims-made" V "occurrence" If claims-made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and spall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, afforas coverage at least as broad as. (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form l coorgiprehensive General Liability endorsement; or F (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form,CG 0001 or "claims-made" form CG 0002; or (3) If texcess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. S. PROVISIONS REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. G INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Title Department FARMERS INSURANCE GROUP DENNIS DE PRETE 5316 E. Chapman Ave.,0202 Orange, CA 92669 (714) 633-3431 (State) (Zip Code) Telephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, n r nr m T c n F O P F T F (print/type name), warrant that I have authority to bind the below listed insurance company and by m signature hereon do so bind this company. SIGNATURE OF AU RIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) CRG6NIZATICN: FARMERS INSURANCE GROUP TITU: DENNIS DE PRETE AI CRSS: 5316 E.Chapman Ave., 0202 "('ELEP :W: ( ) Orange, CA 92669 (714) 633-3431 4. REPORT OF INVESTMENTS, MONTH ENDING MARCH 31, 2002, RECEIVED AND FILED (350.30) AMENDMENTS APPROVED TO PARKING AGREEMENTS WITH FRANCISCAN — PLAZA TO REDUCE THE NUMBER OF SPACES LEASED BY THE COMMUNITY REDEVELOPMENT AGENCY FOR COMMUTER PARKING FROM 131 TO 73 SPACES; AND, CHAIRMAN OF THE BOARD AUTHORIZED TO EXECUTE THE AGREEMENTS (600.40) n BOARD ACTIONS: - None ADJOURNMENT There being no further business, Chairman Campbell adjourned the meeting at 8:06 p.m. to Tuesday, May 21, 2002, in the City Council Chamber. Respectfully submitted, M R ARET R. MONAHAN, SECRETARY Adopted: June 4, 2002 ATTEST: C IRMAN FBELlf E t CRA Minutes 2 5-7-02 CRA 5/7/2002 COMMUNITY REDEVELOPMENT AGENCY B 5 AGENDA ITEM TO: George Scarborough, Executive Director FROM: Douglas D. Dumhart, Principal Management Analyst SUBJECT: Consideration of Amendment to Parking Agreements with Franciscan Plaza. (Franciscan Plaza, LLC.) RECOMMENDATION: By motion, approve the Amendments to the Parking Agreements to reduce the number of spaces leased by the Community Redevelopment Agency for commuter parking from 131 to 73 spaces, and authorize the chairman of the Board to execute the agreement. SUMMARY: In the late 1980's the Community Redevelopment Agency (Agency) entered into an Owner Participation Agreement and subsequent Joint Parking and Maintenance Agreement with Franciscan Plaza. Within these agreements are provisions for the Agency to lease parking spaces for weekday commuter parking. One hundred and thirty-one (131) parking spaces are leased Monday through Friday from 6 a.m. to 6 p.m. The rent is 50% of the charged rate or a minimum of $1.00 per day per space, plus a share of the Common Area Maintenance (CAM) costs. Total monthly rent has averaged $5,060 for the last three years. The current owner desires to reposition the Franciscan Plaza. The owner plans on consolidating the smaller retail space into a larger restaurant space. In doing so the owner will be utilizing common areas for additional leasable square footage. This will result in a need to increase the amount of parking available to the Plaza. A parking study by KHR indicates that the existing parking in the parking structure can accommodate the demand with a reduction in spaces. The parking study has been provided as Attachment 1 to this report. The owner has proposed reducing the spaces currently leased for commuters to meet his parking requirements. Since the parking agreements were executed, three commuter rail stations have been added in South Orange County. Currently, the City is experiencing about 50% occupancy in the spaces dedicated to commuter parking. Parking demands have declined as additional stations have been opened giving South Orange County residents alternate options to the San Juan Capistrano Station. Staff has evaluated the proposal to reduce the spaces allocated for commuters and finds it supportable. The necessary amendments to effectuate the change have been prepared for Agency consideration. The amendments are provided as Attachments 2 and 3. FOR CITY COUNCIL AGENDA..J�� Community Redevelopment Agency May 7, 2002 Agenda Item Pg. 2 BACKGROUND: In 1986 the Planning Commission considered a conditional use permit for joint use of the Franciscan Plaza parking structure. Parking demand for the facility was calculated on a center- wide parking ratio basis and a 32 parking space deficiency was determined to exist for the project. Based on available evidence, the Planning Commission concluded that no substantial conflict in the principal hours or periods of peak demand of the proposed uses would occur and approved the development proposal for Franciscan Plaza and associated joint use parking. The conditional use permit approval for joint parking usage applied only to the specific plans and land use circumstances which were reviewed by the Planning Commission at that time. Due to the fact that the originally approved plans are proposed to be modified and 167 of the existing 348 available parking spaces within the Franciscan Plaza parking structure have been encumbered by parking lease/easement agreements which were put in place subsequent to the project's approval, there is a need to revisit the issue of parking availability for the project. Of the aforementioned 167 parking spaces, 36 spaces are allocated to meet parking requirements for the Provincial Building and 131 are train-commuter parking. The 131 train-commuter parking spaces were leased from the applicant by the Community Redevelopment Agency (CRA). The subject parking spaces are available to commuters on a "pay-per-use" basis Monday through Friday 6:00 a.m. to 6 p.m. Since the opening of the North Beach train station in San Clemente and the Irvine Station with its 500+ parking spaces, a significant decrease in train-commuter parking demand has been noted at the Franciscan Plaza parking structure. Additionally, the Laguna Niguel/Mission Viejo station is scheduled to open on April 15,2002. Based on this fact CRA staff is processing an amendment to the existing parking agreement between CRA and the applicant, to effectuate a 58 train-commuter parking space reduction. The existing parking space allocation within the Franciscan Plaza parking structure and the proposed project's parking space Code requirements are as follows: Franciscan Plaza Parking Structure Existing Parking Allocation & Parking requirements Use Existing Proposed Franciscan Plaza Complex 453 parking spaces 464 parking spaces (per Title 9 parking req. -AC 86-3) Provincial Building (per agreement) 36 parking spaces 36 parking spaces CRA train-commuter parking (per agreement) 131 parking spaces 73 parking spaces Total Parking Demand 620 parking spaces 573 parking spaces FPPS 348 parking spaces 348 parking spaces Total parking Shortfall or surplus ( -272) parking spaces (-225) parking spaces w/o FPPS re-striping Community Redevelopment Agency May 7, 2002 Agenda Item Pg. 3 Title 9. Land Use Code parking requirements Four hundred fifty-three parking spaces are required for the Franciscan Plaza project, based on Code requirements. Thirty-six parking spaces are allocated to meeting the parking needs for the Provincial Building and 131 spaces are assigned to commuter parking. A total of 348 parking spaces are available within the Franciscan Plaza parking structure, therefore a deficiency of 272 parking spaces currently exists. The modified project proposal requires 464 parking spaces; however, due to the proposed train- commuter parking reduction the existing parking shortage will be reduced from 272 to 225 spaces. It should be noted that a condition which makes approval of the conditional use permit for joint/shared use of the parking structure contingent upon approval of the pending amendment to the train-commuter parking agreement. KHR Associates Parking Analysis The owner retained KHR Associates to conduct a project specific parking analysis (see Attachment 4)for Franciscan Plaza and accurately quantify the project's parking demand. Based upon Institute of Traffic Engineers' (ITE) manual empirical data for shopping center, restaurant, office and movie theater parking demand, the study concluded that 20 surplus parking spaces will be available on site (without re-striping the structure) on weekends and 4 surplus parking spaces during the week. Furthermore, the study found that based on the unique characteristics of the downtown area, a shared/joint parking condition already exists for the downtown area as a whole. Therefore, variations in the peak accumulations of parking vehicles as the result of different activity patterns of mixed land use should not result in a deficiency of parking spaces (by hour, by day, or by season). Staff recommended, and Planning Commission approved, that a condition be placed on the project to require a parking demand re-assessment for the project subsequent to the theater's opening, but no more than one-yearfrom the project's approval to confirm the study's findings and ensure availability of the necessary parking. Should the assessment find that additional parking is necessary, the project applicant shall be required to take the necessary steps to ensure that additional parking is provided to meet the project's demand. If that is not possible, the project will be set for hearing before the Planning Commission to consider land use allocation adjustments and/or placement of land use time limitations. FINANCIAL CONSIDERATIONS: As noted in the summary section above,the Agency pays approximately$5,060 per month for 131 spaces, 5 days a week, to be made available for commuters. In 1995, the Agency decided to recover its costs and initiated metering of the spaces. However, given the occupancy levels of 50%, the Agency is only recovering about $30,000 a year of its $60,000/year obligation. The reduction in the spaces leased to more accurately reflect commuter parking demand will reduce out of pocket costs to the Agency. Approval of the Parking Agreements will save Community Redevelopment Agency May 7, 2002 Agenda Item Pg. 4 approximately $18,000 - $20,000 annually. There are 42 years left on the lease. Over the remaining life of the agreement the total savings realized is expected to be $840,000. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: On April 9, 2002, the Planning Commission conditionally approved the owner's request for the modifications of the Franciscan Plaza subject to Agency's approval of Parking Amendments. NOTIFICATION: "Dave Busk, Franciscan Plaza, LLP ALTERNATE ACTIONS: 1. By motion, approve the Amendments to the Parking Agreements to reduce the number of spaces leased by the Agency for commuter parking from 131 to 73 spaces, and authorize the chairman of the Board to execute the agreement. 2. By motion, approve the Amendments to the Parking Agreements to reduce the number of spaces leased by the Agency for commuter parking from 131 to 73 spaces, and authorize the chairman of the Board to execute the agreement, subject to modification. 3. Refer to Staff for additional information. RECOMMENDATION: By motion, approve the Amendments to the Parking Agreements to reduce the number of spaces leased by the Agency for commuter parking from 131 to 73 spaces, and authorize the chairman of the Board to execute the agreement. Res ctfully Submitted, X. � Douglas D. Dumhart Principal Management Analyst Attachment 1. KHR Parking Analysis 2. First Amendment to Joint Parking and Maintenance Agreement 3. Second Amendment to Owner Participation Agreement C:AGENDAS\2002k05 07 FPP.wpd \M\ KHF! ASSOCIATES Consulting Engineers -Architects - Planners March 14, 2002 Mr. Dave Busk Franciscan Plaza LLC, dba Mission Plaza c/o Busk Development, Inc. 24582 Del Prado — Suite H Dana Point, California 92629 SUBJECT: PARKING ANALYSIS OF FRANCISCAN PLAZA— DOWNTOWN AREA, SAN JUAN CAPISTRANO, CALIFORNIA Dear Mr. Busk: Transmitted herein are the results of KHR Associates' analysis of parking conditions at the Franciscan Plaza retail/commercial center in the City of San Juan Capistrano, California. This analysis focuses on comparing current parking conditions in the Franciscan Plaza parking structure with the projected parking demand associated with the proposed remodeling and reconfiguration of restaurant, retail, and office spaces, including the expansion of two existing restaurants; the addition of a third restaurant use; new retail and office space; and a revamped theater (presently closed). While the proposed project physically increases the square footage of space by only 1,115 square feet (of retail space), the intensification of uses (e.g., restaurants versus retail, a possible day spa, etc.), coupled with the limited availability of parking spaces, is of primary concern to the City. The goal of this report is to provide documentation showing whether or not the existing parking supply would be sufficient under the current joint use agreements, or if a reallocation of spaces would be necessary to accommodate the new uses. The findings, conclusions, and recommendations contained in this report are those of KHR Associates, and not necessarily shared by Busk Development, Inc. (the developer), The PRS Group (the developer's representative), Nestor+Gaffney Architecture (the developer's architect), the City of San Juan Capistrano, or any project proponent or opponent. Existing Conditions/Site Descrintion The Franciscan Plaza is a specialty retail/commercial center located at 31781 Camino Capistrano, on the southwest corner of Camino Capistrano and Verdugo Street, in the downtown area of the City of San Juan Capistrano. The existing development consists of approximately 42,233 square feet of office, retail, and restaurant space; an 18,163 square-toot five-screen movie theater complex with 959 seats; and an attached, 348- space, multi-level, parking structure. It should be noted that the original number of parking spaces in the parking structure was reported to be 352, however, over a 2355 Main Street-Suite 120 Irvine, California 92614 Attachment 1 Mr. Dave Busk 40 March 14, 2002 Page 2 period of time, four spaces were apparently lost as a result of safety-related, and other, modifications within the structure. Also, the movie theater has been closed for an extended period of time. At present, the four-level Franciscan Plaza parking structure includes two different types of parking provisions: 1) 3-hour public parking for plaza patrons from 7:00 A.M. to 6:00 P.M., and 2) metered parking through the use of a pay station located on the street level (enforced 6:00 A.M. to 6:00 P.M. Monday through Friday). The parking structure is in good physical condition and well lit at night. The 348 parking spaces are well delineated, and of these spaces, 8 spaces are designated for handicapped use. The existing parking spaces for each level of parking are illustrated in Figure 1. - 77— - I EXISTING LEVEL 4(TOP( EXISTING LEVEL 3(SHOPS) EXISTING LEVEL 2(STREET( EXISTING LEVEL I (SUB( 84 Spaces 83 Spaces 73 Spaces+ I Motorcycle 108 Spaces TOTAL EXISTING: an (- 348 Spaces + 1 Motorcycle Figure 1 - Existing Franciscan Plaza Parking Recent observations of parking use within the structure indicates that the metered parking spaces are well-utilized during the week (primarily by train commuters), and the 3-hour public parking is utilized sparingly during the weekday and utilized moderately during weekend. The parking structure is mainly accessed from the end of Verdugo Street, opposite the one-way exit from the Depot lot. A secondary access to the parking structure runs along the east side of Franciscan Plaza and exits onto Camino Capistrano. Mr. Dave Busk March 14,2002 Page 3 Under various joint use agreements, the current allocation of parking within the Franciscan Plaza parking structure includes 36 spaces for office and retail uses at the Larsen building; 131 spaces leased to the Community Redevelopment Agency (CRA); and the remaining 181 spaces for exclusive use by the Franciscan Plaza. As part of an ongoing effort to alleviate parking problems in the Downtown area of the City, the CRA's 131 leased spaces are made available to train commuters and others on a "pay per use" basis Monday through Friday 6:00 A.M. to 6:00 P.M., and free on weekends and after 6:00 P.M. on weekdays. Proposed Project The proposed project will upgrade and reconfigure two existing restaurants; create one new restaurant; and add an overall 1,115 gross square feet of retail and office space to the Franciscan Plaza. The existing theater is also proposed to be remodeled and re-opened with seating reduced from 959 to 872. The resulting total square footage of retail and office space will be 43,348 square feet (including 24,973 square feet of retail/restaurant uses and 18,375 square feet of office space). As part of the proposed project, a restriping plan (see Figure 2) has been offered that will yield an additional five parking spaces (for a total of 353) plus seven motorcycle spaces (or six motorcycle spaces and an area for bicycles). HIM 1 r PROPOSED LEVEL 4(TOP) PROPOSED LEVEL 3(SHOPS) PROPOSED LEVEL 2(STREET) PROPOSED LEVEL 1 (SUB) 86 Spaces+2 Motorcycles 85 Spaces+ 1 Motorcycle 74 Spaces+2 Motorcycles 108 Spaces+2 Motorcycles TOTAL PROPOSED: 353 Spaces + 7 Motorcycle Figure 2 — Proposed Franciscan Plaza Parking Mr. Dave Busk • • March 14, 2002 Page 4 Municipal Parking Codes Section 9-3.602 of the City's Municipal Code, which covers the broad topic of "off- street parking and loading," specifies the following applicable off-street parking requirements for business, commercial, and office/professional uses: 1) General retail and office uses in a shopping center of less than 50,000 square feet of gross floor area: one (1) off-street parking space per each 250 square feet of leasable floor area; 2) General office under 100,000 gross square feet of building area: five (5) off- street parking spaces per 1,000 square feet of gross floor area or one (1) space per employee, whichever is greater; 3) Theaters, auditoriums, gymnasiums, arenas, and stadiums: one (1) off-street parking space per each three (3) fixed seats, plus one (1) per every thirty (30) square feet of seating area where there are no fixed seats. The City has indicated that the application of the parking rate of one off-street parking space per each 250 square feet of leasable floor area is applicable for the Franciscan Plaza as a whole, without distinction of individual tenant uses. Since the total gross leasable floor area is calculated to be 43,348 square feet, the total parking required by Code is 173 spaces for the retail and office uses. The theater use, with 872 seats, requires an additional 291 spaces by Code. A total of 464 parking spaces would be required by Code for the Franciscan Plaza has a whole. This number exceeds the currently available number of spaces in the entire structure (i.e., 348) by 116 spaces. Parkins Demand Analysis Accurately quantifying parking demand is a difficult, but not impossible task. A substantial amount of empirical data are readily available for shopping centers, restaurants, office, and movie theater uses, and may be found in the Institute of Transportation Engineers' (ITE) in the Parking Generation manual, 1987, 2nd Edition (see Appendix Section). The accuracy of the fitted curve equations found in the ITE manual to predict actual parking demands are remarkable good, with correlation coefficient R2 values around 0.94 for shopping centers and 0.87 for general office uses. For movie theaters, the R2 value is a less reliable 0.475 for weekdays and a fairly reliable 0.837 for a Saturday. Day Spa Use Among the specialty uses within the new retail space, a "day spa" has been contemplated. This day spa would utilize approximately 7,377 square feet of the available 8,611 square feet of new retail area, and is intended to serve a "high end" Mr. Dave Busk • March 14,2002 Page 5 clientele offering a variety of therapeutic treatments, massages, manicures/pedicures, and other personalized service. After consideration of the proposed use, it has been determined that the "flow" of patrons is controlled through appointments, and parking demand is controlled to a large extent. Furthermore, unlike a typical health spa, a day spa is limited in its capacity to handle clientele by the physical and operational constraints of the facility and staff (i.e., customers are unlikely to be kept waiting for treatments and/or use of the facilities). KHR Associates has conducted past parking studies of various spas and health clubs, including a 1997 study for a proposed 7,000 square foot day spa in the City of Tustin, California. As part of that study, parking data were collected at the 3,690 square foot La Mirada Heath Spa, in the City of La Mirada, California. The results indicated that a parking ratio of 3 spaces per 1,000 square feet of gross floor area is an appropriate requirement. A copy of this parking study is included in the Appendix section of this report. By applying a parking generation rate of 3.00 spaces per 1,000 square feet for the proposed 7,377 square foot day spa, 22 parking spaces are required. Weekend rates should be comparable to the weekday rate (i.e., 22 parking spaces are required). Retail & Restaurant Uses For the remaining retail and restaurant uses (i.e., shopping center), the ITE average parking generation rate is 3.23 spaces per 1,000 gross square feet of leasable area. Applying this rate yields a projection of 57 parking spaces for 17,596 square feet of proposed retail and restaurant uses (i.e., 24,973 square feet less 7,377 square feet for the day spa). For a Saturday, the parking generation rate is 3.97 spaces per 1,000 gross square feet of leasable area, or 70 parking spaces. Office Use For the office use, the ITE average parking generation rate is 2.79 spaces per 1,000 gross square feet of building area. Applying this rate yields a projection of 51 parking spaces for the 18,375 square feet of proposed general office use. Although no specific data are available in the ITE manual, the weekend parking requirement for office use is assumed to be no greater than 25 percent of the weekday (or 13 spaces). Movie Theater Use For the movie theater use, the fitted curve equation for determining the weekday peak parking space utilization is of P=0.32(X) —174.0 (where X equals the number of seats). Applying this equation yields a projection of 105 parking spaces for an 872-seat movie theater. For Saturdays, the peak parking space utilization fitted curve equation is Mr. Dave Busk , March 14,2002 Page 6 P=0.50(X) —322.0 (where X equals the number of seats). Based on this formula, the total number of parking spaces required is 114 for a Saturday. Total Parking Demand Based on the above parking demand analyses for each of the major uses in the Franciscan Plaza, the total projected parking space requirement is 235 for a typical weekday. Overall Saturday demands are slightly less, as offices are closed, but there are more shoppers, diners, and movie-goers. A total of 219 parking spaces is required for a Saturday. Due to lack of seasonally-oriented uses within the Franciscan Plaza, it is unlikely that overall parking demands will vary significantly between seasons (i.e., summer months, Thanksgiving through Christmas holidays, etc.). Parking Supplv With re-striping of the Franciscan Plaza parking structure, the parking supply is set at a maximum of 353, plus 8 motorcycle spaces. The Larsen building requires 39 spaces for its office and retail uses, per the effective easement agreement. There are 3 existing parking spaces available on the Larsen property (outside the Franciscan Plaza parking structure). Thus, an additional 36 spaces are needed to meet the 39- space requirement. These 36 spaces are to be provided inside the Franciscan Plaza parking structure. Additionally, the CRA currently leases 131 parking spaces inside the parking structure. With a total of 353 available spaces within the parking structure with re-striping; minus 36 to meet the balance of parking for the Larsen building; minus 131 for the CRA; the remaining 186 spaces are available for use by the Franciscan Plaza to meet its parking requirement. With 186 spaces, the Franciscan Plaza would be 278 short of the Code requirement of 464 spaces, and 49 spaces short of the parking demand estimate of 235 spaces. In light of the shortage of parking for the Franciscan Plaza, and the reduced demand for train commuter parking in the parking structure, the CRA has agreed in concept to reduce the number of leased spaces from 131 to 73 — increasing the spaces for the Franciscan Plaza by 58 to 244. This reduction is justified because the opening of the North Beach train station in San Clemente has apparently reduced the number of train commuters out of the San Juan Capistrano station, thereby reducing weekday parking demand within the Franciscan Plaza parking structure. The City's recent count of weekday parking has revealed that under 70 spaces per weekday are required for train commuters — suggesting that a reallocation of parking spaces within the Franciscan Plaza parking structure may be an appropriate course of action to offset potential increased parking demand generated by the proposed project. Mr. Dave Busk March 14, 2002 Page 7 With 244 parking spaces available to patrons of the Franciscan Plaza, the supply is 220 short of the Code requirement, but will have a surplus of 9 spaces based on parking demand estimates. Shared Parking/Joint Use Parkinq Although the Franciscan Plaza appears to be "self-sufficient" with respect to on-site parking, it is important to note that shared parking and joint use parking conditions within the entire Downtown area of the City further reduces the likelihood of any one business or building experiencing extended parking shortages. In other words, the overall availability of on-street and off-street parking within the Downtown area "absorbs" temporary and intermittent peak periods of parking demand generated by any given use. Section 9-3.602 of the Municipal Code covers the subject of shared parking and joint use of parking facilities. Shared parking is the use of one or more parking spaces by two or more uses that generate parking demands at non-conflicting periods of time. For example, office uses that are typically open for business on weekdays between the hours of 6:00 A.M. and 6:00 P.M. can "share" parking spaces with a theater that generates most of its business on weekends and at night (i.e., after 6:00 P.M.). Claims to shared parking must be substantiated by the methodology prescribed in the Municipal Code. Joint use of parking facilities simply means that one or more users have common rights to parking spaces. Joint use, as defined by the City's Municipal Code further requires that potential joint uses be adjacent to one another, and that peak hours of operation be "substantially different" if there exists an overall deficiency in the number of parking spaces. In effect, all public parking spaces in the Downtown Area constitute one form of joint use or another (i.e., all users have the same rights to these spaces). For years, the Downtown merchants have shared their individual parking provisions with their neighbors, and have relied upon available on-street and off-street public parking facilities. Not all patrons of the Franciscan Plaza chose to park in the parking structure. In fact, regardless of the availability of parking in the structure, people will park elsewhere, depending on their individual needs and preferences. The Franciscan Plaza offers joint use of parking within the parking structure, however, the use is controlled by metering and time restrictions. The effect has been a "balanced" use of the available parking spaces even during periods of high demand. There is also clear evidence that no substantial conflicts in the principal hours or periods of peak demand within the parking structure exist. For example, train commuter parking demand, which constitutes the greatest number of daytime users, is significantly lower on weekends and after 6:00 P.M., and almost non-existent in the evenings. Conversely, restaurants, the theater, and many retail shops are busiest during the weekends and evenings. Mr. Dave Busk March 14,2002 Page 8 Conclusions & Recommendations Section 9-3.602 of the Municipal Code specifies, "For shopping centers, the Planning Commission shall determine whether the parking requirement shall be computed for the center as a whole or for each use within the center individually. Such determination shall be made in conjunction with the development review procedure." Based on the above findings regarding existing definitions of business, commercial, and office/professional development, parking code requirements, demands and authoritative data from the Institute of Transportation Engineers, it is concluded that: parking for the Franciscan Plaza should be calculated for "the center as a whole." Based on the above conclusions, it is recommended that the City of San Juan Capistrano approve the proposed improvements to the Franciscan Plaza based on the fact that: 1) The CRA has agreed to release 58 of its 131 parking spaces within the Franciscan Plaza parking structure for use by the Franciscan Plaza. 2) The 39 spaces allocated to the Larsen building include 3 spaces located on the Larsen property and 36 spaces inside the parking structure. 3) A total of 244 parking spaces will be available to patrons of the Franciscan Plaza when the CRA releases 58 spaces. 4) The empirically determined parking demand for the Franciscan Plaza (as proposed) is 235 spaces for a weekday and 219 for a Saturday. 5) An on-site parking surplus of 4 spaces is projected for weekdays and 20 for a Saturday without re-striping parking structure; and a surplus 9 spaces projected for weekdays and 25 spaces for Saturday with re-striping. 6) By taking into consideration the unique characteristics and interactions of the Downtown area, a shared parking/joint use parking condition exists for the area as whole. Thus, variations in the peak accumulations of parking vehicles as the result of different activity patterns of mixed land use should not result in a deficiency of parking spaces (by hour, by day, by season). 7) Off-site public parking spaces are available within reasonable walking distance (300 feet) of the Franciscan Plaza. In Closing If there are any questions regarding our findings, conclusions, or recommendations, please do not hesitate to call at your convenience. Sincerely yours, eR�SS/oN KHR Associates �Q° 56.KAwq q z es H. ura, P.E. No. resident a No. T Expiration: 093 /Od sT TRA F F�� P 9Tf OF CA�� • SHOPPING CENTER (820-828) Peak Parking Spaces Occupied vs: 1,000 GROSS SQUARE FEET LEASABLE AREA On a: WEEKDAY PARKING GENERATION RATES Average Range of Standard Number of Average 1,000 Rate Rates Deviation Studies Square Feet GLA 3.23 1.02-6.17 1.20 141 635 DATA PLOT AND EQUATION 10,000 0 9,000 ° w 8,000 U O 7,000 0 W ° °❑ ° ° L) 6,000 - (r) ,000(r) 5,000 ° ° no z ® ° ❑ ❑ ¢ 4,000 CO 4,000 - ® ° ° CLI ❑ ❑ m Y 3,000 ❑ ❑ 0 2,000 ❑ ° ° ° Q. 1,000 ❑ ° 0 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 X = 1000 GROSS SQUARE FEET LEASABLE AREA 0 ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: Ln(P) = 1.173 Ln(X) + 0.064 R' = 0.939 Parking Generation,August 19871institute of Transportation Engineers 126 SHOP9ING CENTER (820-82? Peak Parking Spaces Occupied vs: 1,000 GROSS SQUARE FEET LEASABLE AREA On a: SATURDAY PARKING GENERATION RATES Average Range of Standard Number of Average 1,000 Rate Rates Deviation Studies Square Feet GLA 3.97 1.11-6.06 1.13 178 838 DATA PLOT AND EQUATION 10,000 p 9,000 w p Z) 8,000 U O 7,000 - 0 ,000 to ° ❑ U 6.000 - 11300 8 ❑ 5,000 ❑ 8 ❑ ❑ z °1❑ ❑RO ¢5 4,000 C x 3,000 ° ❑ 13 ° A Lu a 2,000 ° 13CP❑ ❑ ❑ II ❑❑ ❑ CL 1,000 0 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 X = 1000 GROSS SQUARE FEET LEASABLE AREA O ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: Ln(P) = 1.261 Ln(X) - 0.365 Rz = 0.948 Parking Generation,August 1967/institute of Transportation Engineers 127 GENERAL OFFICE BUILDING (A -716) Peak Parking Spaces Occupied vs: 1,000 GROSS SQUARE FEET BUILDING AREA On a: WEEKDAY PARKING GENERATION RATES Average Range of Standard Number of Average 1,000 GSF Rate Rates Deviation Studies Building Area 2.79 0.75-32.93 2.25 207 168 DATA PLOT AND EQUATION 2,000 J ❑ 0 w ❑ U O 1,500 - 0 uj w ❑ ❑ U a ❑ (n ❑ Z 1,000 ® ° ❑ Y Cr � ❑ ❑ ❑ d 0 ° ❑ ® ❑ w 500 G ❑ u d ❑ ❑ ❑ ❑ ❑ ❑ 0 0 200 400 600 X = 1000 GROSS SQUARE FEET BUILDING AREA ❑ ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: Ln(P) = 0.93 Ln(X) + 1.253 R' = 0.870 Perking Generation,August 1987/Institute of Transportation Engineers 104 &VIE THEATER (443) • Peak Parking Spaces Occupied vs: SEATS On a: WEEKDAY PARKING GENERATION RATES Average Range of Standard Number of Average Number of Rate Rates Deviation Studies Seats 0.19 0.06-0.46 0.11 11 1646 DATA PLOT AND EQUATION CAUTION—USE CAREFULLY—LOW R'. 1,100 0 1.000 - U.) � 900 U 800 w 700 - 600 - z 00600? 500 - -7 d 400 - < 00 a 300 - u.) 200 ° d 100 ❑ a 0 800 1,200 1,600 2,000 2,400 2,800 3,200 X = NUMBER OF SEATS 0 ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: P = 0.32(X) - 174.0 R' = 0.475 Parking Generation,August 1987/Institute of TFansportatlon Engineers 80 MOVIE THEATER (443) Peak Parking Spaces Occupied vs: SEATS On a: SATURDAY PARKING GENERATION RATES Average Range of Standard Number of Average Number of Rate Rates Deviation Studies Seats 0.26 0.11-0.42 0.11 9 1562 DATA PLOT AND EQUATION 1,500 1,400 0 1,300- 1,200 ,300 1,200 0 1,100 m 1.000- 900- C/) ,000900C/) 800 z 700 ° S2 600 Cl 500- < 400- 11.1 ° 300 II a 200 ❑ ° 100 0 0 1,000 2,000 3,000 X = NUMBER OF SEATS 0 ACTJUAL DATA POINTS FITTED CURVE Fitted Curve Equation: P = 0.50(X) — 322.0 R' = 0.837 Parking Generation,August 1987/Institute of Transportation Engineers 81 \�\ KHR ASSOCIATES CONSULTING ENGINEERSIARCHITECTS/PLANNERS June 18, 1997 Mr. Greg Gubman, Community Development Department City of Tustin 300 Centennial Way Tustin, California 92680 SUBJECT: PARKING ANALYSIS FOR THE PROPOSED TUSTIN HEALTH SPA IN THE EL CAMINO PLAZA SHOPPING CENTER (TUSTIN, CALIFORNIA) Mr. Gubman: KHR Associates has completed the parking analysis of the proposed Tustin Health Spa located in the EI Camino Plaza at 650 EI Camino Real. Specifically, this study addresses the City's concerns of the project, related to parking demand and supply conditions, as well as project parking and trip generation. The proposed Tustin Health Spa includes massage and sauna facilities and will occupy a total of 7,000 square feet of floor area within the existing shopping center. The following sections of this analysis describe the parking surveys, the findings, and conclusions. The information and recommendations contained in this analysis are those of KHR Associates, and not necessarily shared by the project proponent or the City of Tustin. Parking Surveys The methodology used in the preparation of this analysis included two parking lot surveys, one of an existing health spa located in the City of La Mirada (which is identical in use to the proposed Tustin Health Spa), and one at the proposed location (i.e., within the EI Camino Plaza shopping center). The survey of the existing health spa was necessary to estimate the amount of customers who would be using the proposed facility, and to estimate the required number of parking spaces. This survey was conducted on Saturday, June 14, 1997 between the hours of 4:00 and 7:00 P.M., and subtotals were made at 15-minute intervals. This was determined to be the peak business period for this type of facility. The second survey of the EI Camino Plaza was necessary to identify current parking conditions at the proposed project site including: the total amount of parking spaces, the availability of spaces during peak periods and parking duration. The shopping center was also surveyed during the hours of 4:00 to 7:00 P.M. on Saturday, June 14, 1997, with recordings made in 20-minute intervals. Saturday afternoon is usually the peak business hour for shopping centers, and the dinner theater (i.e., Elizabeth Howard's Curtain Call) opens for business at 6:15 P.M. Therefore, this time period should be represent the heaviest volume of parked vehicles in the shopping center parking lot. The attached table provides the results of the parking surveys. 3347 Michelson Dirve Suite 490 (714)156-6440 Irvine,California 92612 Fax(714 756-6444 Mr. Greg Gubman June 18, 1997 Page#2 Existing Health Spa Customer and Parking Survey The findings of the existing La Mirada Health Spa survey show that between the hours of 4:00 and 7:00 P.M., 37 visitors walked into the facility and 38 visitors walked out, for an average occupancy of 38 visitors. The existing health spa is 3,690 square feet in size with separate entrances for men and women. During the peak hour (i.e., between 5:00 and 6:00 P.M.) 22 visitors walked into the facility and 17 visitors walked out for an average peak hour occupancy of 20 visitors (or 5.4 visitors per 1,000 square feet of floor area). The average stay in the health spa was observed to be approximately 1 hour. Also during the survey, it was observed that many of the health spa visitors arrived in pairs via 1 car. This is reflected in the parking lot survey where the number of cars belonging to health spa visitors were recorded in 15-minute intervals. During the 3 hour survey period, there were a total of 25 cars parked in the parking lot by health spa visitors. Between 5:00 and 6:00 P.M., a total of 11 cars were parked in the lot. Therefore, from these survey results, the existing health spa generated a peak hour parking demand for 11 parking spaces (or 3 parking spaces for every 1,000 square feet of floor area). EI Camino Plaza Parking Lot Survey Findings from the EI Camino Plaza parking lot survey show that customer parking is primarily provided in the front of the plaza, while employee and delivery parking is provided in back of the stores. Additionally, it was observed that many of the existing stores were currently vacant. The existing customer parking lot in front of the plaza includes 351 parking spaces. For the purpose of analyzing parking requirements and availability for the proposed health spa, only the parking spaces within a reasonable walking distance to the proposed facility were surveyed. This area included the parking spaces adjacent to the sidewalk and storefront, and the first 4 rows of parking spaces (a total of 223 spaces). The parking survey revealed the following results. During 'the 3 hour survey period, an average of 123 spaces (55 percent) were occupied. It was observed that between the hours of 6:00 P.M. and 7:00 P.M., a significantly greater number of cars were parked in the lot, primarily due to the opening of the dinner theater. The peak hour of parking during the survey was recorded to be between 6:00 P.M. and 7:00 P.M. with an average of 165 spaces utilized (74 percent). For the entire 3 hour survey, the average parking duration for customer vehicles was approximately 50 minutes. Current Parking Conditions at EI Camino Plaza The EI Camino Plaza shopping center currently includes some vacant stores which accounts for some of the unused parking spaces in the lot. Businesses that will occupy some or all of the vacant stores at some time in the future must be accounted for in determining overall parking demand and supply for the shopping center. The City of Tustin has identified parking requirements for the shopping center according to use of each store. Based upon City parking code requirements, if all stores within the shopping center were occupied, there would be no excess parking spaces. The previous tenant of the 7,000 square foot property proposed for the Tustin Health Spa was the "Old Towne Antique Mall", a commercial use requiring 35 parking spaces (i.e., 1 parking space per 200 square feet of floor area). The City has indicated that this previous parking requirement of 35 parking spaces was provided in the shopping center parking lot. Mr. Greg Gubman June 18, 1997 Page#3 As described above, the average use of parking during the 3 hour survey was 55 percent with the 6:00 to 7:00 P.M. peak hour use much greater (at 74 percent). Since the peak hour results were heavily impacted by the opening of the dinner theater, we also looked at the average parking use between the hours of 4:00 to 6:00 P.M. to identify normal shopping center use. The average number of spaces utilized during this time period was 102, or 46 percent of the total number of spaces, Conclusions Based upon the existing health spa survey findings, it can be concluded that the proposed Tustin Health Spa may generate a peak hour demand for 21 parking spaces (i.e., 3 spaces for every 1,000 square feet of floor area x 7,000 square feet). The existing EI Camino Plaza shopping center parking lot includes enough on-site parking spaces to serve the estimated number of visitors during normal and peak use periods. The peak demand for parking (i.e., 21 spaces) occurring between 5:00 and 6:00-P.M. should be adequately supplied by 223 on-site spaces that are within a reasonable walking distance to the proposed location. As recorded in the parking survey, approximately half of the 223 available parking spaces were occupied. Additionally, as indicated above, the previous commercial use of the site had a parking supply requirement for 35 parking spaces, based upon City parking code requirements. The peak hour demand for parking from the proposed Tustin Health Spa (i.e., 21 spaces) is substantially less than this previous requirement. Therefore, based upon the findings of the two surveys which estimated the amount of peak hour visitors and parking requirements of the proposed Tustin Health Spa, and the current and buildout parking conditions at the shopping center, there should be a more than adequate supply of parking to serve the proposed facility. Recommendations In reviewing the EI Camino Plaza shopping center parking lot, it was observed that concentrations of parked cars occurred in different areas of the lot, primarily due to various shopping center uses. For example, customer entering the "Marshalls" store parked in the northwest corner of the center, and video store customers parked in the southeast corner of the center, and with the opening of the dinner theater after 6:00 P.M. most of the parking spaces in the middle of the lot were occupied. There were 7 spaces found in the southwest corner of the parking lot designated for 1- hour parking. These spaces were reserved for customers of the smaller stores in this area. It is our recommendation that more 1-hour parking be provided in key areas of the shopping center for facilities that remain open during the dinner theater hours of operation. These key areas include spaces in front of the video store, near"Marshalls", and near the proposed Tustin Health Spa site. Although current parking usage and estimated parking demand figures indicate a sufficient supply of parking for health spa visitors, time restricted parking will ensure available parking within a reasonable walking distance during the evening hours. Mr. Greg Gubman • June 18, 1997 Page*4 In Closinq KHR Associates' appreciates the opportunity to provide our traffic engineering consulting services for this project. We hope that this parking analysis sufficiently addresses any parking supply and demand concerts regarding the proposed Tustin Health Spa. If there are any questions regarding our study, please feel free to contact either myself, or Mr. Cary D. Brockman. Sincerely, KHR Associates Q\-LpFESS/ON S N.KA q�F Jam H. Kawamura, P.E. 'N o. 0 President Ugkatiwrc 09/JU/99 _. t IRA FF�� p �rF OF CA1 FILENAME:R-TmEn HaaM S".000 KHR ASSOCIATES CUSTOMER AND PARKING SURVEYS Project/Site: La Mirada Heakh Spa Location: La Mirada. Ca Address: 14774 Beach Blvd. Peak Hour: 5:00-6:00 P.M. Trade Area Type: Commercial/Office 15-Min. Peak 5:15-5:30 P.M. Count Date: 6/14/97 Count By: S.Kawamura Day: Saturday AW R twsom Haao Spa. Visitor Type Visitor Time Mate Female Total Male Female Total Parked Period In In In out out out Vehicles 4:00 to 4:15 PM 3 0 3 5 0 5 3 4:15 to 4:30 PM 2 0 2 3 0 3 2 4:30 to 4:45 PM 3 0 3 3 0 3 2 4:45 to 5:00 PM 2 0 2 2 0 2 1 5:00 to 5:15 PM 4 1 5 1 2 3 3 5:15 to 5:30 PM 7 1 8 5 4 1 9 5 5'.30 to 5:45 PM 2 1 3 3 1 4 1 5:45 to 6:00 PM 5 0 5 1 0 1 2 6:00 to 6:15 PM 0 1 1 0 0 0 1 6:15 to 6:30 PM 0 0 0 0 0 0 0 6:30 to 6:45 PM 1 0 1 7 0 7 1 6:45 to 7:00 PM 3 1 4 1 0 1 4 3-Hour Totals 32 5 37 it 31 7 38 25 Project/Site: ,Tustin Health Spa Count Date: 6114197 Location: Tustin, a Day: Saturda Address: EI Camino Plaza Peak Hour: 6-7:00 P.M. Trade Area Type: Commercial/Office Count By: J H.K. Number of Spaces Surveyed: = 223 3-Hour Average Utilization: = 123 55% Peak Hour Utilization: = 165 74% Average Parking Duration. = 50.32 Minutes • • Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consideration And when recorded, please mail to: Margaret M. Monahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Busk Development, Inc. (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, Whereas, the current "owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows: Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements" . Subsection (a. ) , entitled, "Parking", the sixth sentence that reads: "Notwithstanding, ( 1) in no event shall the numbers of commuter spaces be less than 131 . . . " . Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . " . Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Attachment 2 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment. The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control. In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Appro e as to Form: Owne John Shaw, Agency Council 1 m a B u s k , -9 u A -k Attest: Agency: Margaret M. Monahan, Agency Secretary C o l l e n e Campbell , Chairperson 2 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consideration And when recorded, please mail to: Margaret M. Monahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Second Amendment to Owner Participation Agreement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Busk Development, Inc. (hereinafter referred to as "Owner") . Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the "Participant") , on December 15, 1987;and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment . Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows : Section A. Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73) commuter parking spaces. Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the Owner Participation 1 Attachment 3 Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment . The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control . In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: John Sh , Agency Council Owner: Kalrda Busk, Attest: Margaret M. Monahan, Agency Secretary Agency: Collene Campbell, Chairperson C:\DOUGLAS\CRA Folder\FranplzaOPA.wpd 2 ITS OF SAN JUAN CAPISTRANO C • • S 9 6 i 'e i �CIi9 OF SxH NAN CAPISTRANO< San Juan Capistrano Community A�,'Up`��tS2 NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY On May 7, 2002 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Amendment to Parking Agreements with Franciscan Plaza (Franciscan Plaza, LLC.)" Item No. (B5) The following action was taken at the meeting: Amendments to Parking Agreements to reduce the number of spaces leased by the Community Redevelopment Agency for commuter parking from 131 to 73 spaces approved; and Chairman of the Board authorized to execute the agreement. The following documents are in the process of being recorded: First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Second Amendment to Owner Participation Agreement. Recording of documents requires approximately 30 days. If you would like a copy of the recorded document at that time, please contact Maria Guevara, Secretary, (949) 443- 6309. If you have any questions regarding this action, please contact Douglas D. Dumhart, Principal Management Analyst at 443-6316 for more detailed information. Thank y u, Conahan, CMC Agenc Secretary sed: Copies of the (2) executed agreements Cc: Dave Busk, Busk Development; Douglas D. Dumhart, Principal Management Analyst 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 �,- 0 0 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Considerat of (////► � And when recorded, please mail to: / ` *"'et M. Monahan, City Clerk City of San Juan Capistrano f San Juan Capistrano City Clerk' s Department 32900 Paseo Adelanto San Juan Capistrano, CA 92675 Second Amendment to Owner Participation Agreement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Busk Development, Inc. (hereinafter referred to as "Owner") . Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the "Participant") , on December 15, 1987;and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment . Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows: Section A. Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73) commuter parking spaces . Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the Owner Participation 1 Attachment 3 Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment . The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control . In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: John Sh , Agency Council Owner: Kaldaa Busk, Attest � Ma g ret M. Monahan, Agency Secretary Agency ollene mpbel , Chairperson C:\DOUGLAS\CRA Folder\FranplzaOPA.wpd 2 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentry Tra fer Tax - No Considearation And when recorded, please mail to: 1 C Ma g retM. Nonahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Busk Development, Inc. (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, Whereas, the current "owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows: Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements". Subsection (a. ) , entitled, "Parking", the sixth sentence that reads: "Notwithstanding, (1) in no event shall the numbers of commuter spaces be less than 131 . . . " . Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . " . Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Attachment 2 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment . The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control. In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Approve as to Form: Own John Shaw, Agency Council 1 m a B u s k n-u A T6— Attest: � / Agenc Ma ret M. Monahan, Agency Secretaryo 1 e C a p Chairp rson 2 L San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on May 7, 2002, in the City Council Chamber in City Hall, to consider "Consideration of Amendment to Parking Agreements with Franciscan Plaza (Franciscan Plaza, LLC.)" — Item No. B5 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 6, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Principal Management Analyst. You may contact that staff member at (949) 443-6316 with any questions. Thank you for your interest, Me6o ahan, CMC Cit Cler (94 -6308 cc: Dave Busk, Franciscan Plaza, LLP'; Douglas D. Dumhart, Principal Management Analyst Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 • dKa„ • 32400 PASEO ADELANTO nnmum SAN .JUAN-1 171 RANO,CA 92675 \ MEMBERS W THE Cltt COUNCIL (949) 493-1171 [RMuu[I 1961 OMNEL BATHGATE 1776 ( Y FIS GAMEBEf L (949) 493-1053 (FAX) • JOHN S.GE www.sanjuancap(strano.org • MAT HART DAM M.SWMMN • • CIWMANAGER GEORGESCARBOROUGH July 18, 2002 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: First Amendment to Joint Parking & Maintenance Agreement and Declaration of Covenants Running with the Land and Second Amendment to Owner Participation Agreement The two noted documents have been corrected, as requested, and are enclosed for recordation. This is the second time they were rejected and corrected, for differing reasons. When placed of record, please return the document to this office. Thank you for your assistance, 12v M r aret R. Monahan, CMC t Clerk & Secretary to the Community Redevelopment Agency t( 9) 443-6308 cc: Douglas Dumhart, Principal Management Analyst oeuo use a San Juan Capistrano: Preserving the Past to Enhance the Future Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary T ansfer Tax - No Cons iderati And when recorded, please mail to: (/V ret M. Monahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Runnina with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Redevelopment Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, recorded in official records of Orange County on December 15, 1989, record number 89-681025;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows: Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements". Subsection (a. ) , entitled, "Parking", the sixth sentence that reads: "Notwithstanding, (1) in no event shall the numbers of commuter spaces be less than 131. . . " . Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . ". Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 i Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment . The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control . In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Notary:�f /// Owner: a Ka maBusk , Franciscan Plaza, LLC. dba: Mission Plaza Approve as to Form: WIIUAM N. ODEISON N s Comm.1'1279067 NOTANYPUBUC-CALIFORNIA N Onipe County '" John Shaw, Agency Council LAvcoMm.eFlrKOtt.I,zooA -' San Juan pistrano Community Redevelopmen At est: Agency C� l� Ma ga et M. Monahan, Agency Secretary 0 l e e C a p bell , Chairperson 2 40 • ALL-PURPOSE ACKNOWLEDGEMENT State of California County of o'OCQ'{� Gr' ss. On �TUW 2, ZOOZ before me, W IU_ tg10 NV- pl EGLSO,rV (DATE) (NOTARY) personally appeared IC./�A L H A v 'SIC SIGNER(3) ❑ personally known tome - OR proved to me on the basis of satisfactory evidence to be the person( whose namey is/ask subscribed to the within instrument and acknowledged to me that f1 /she/tl ey executed the same in h\(/her/th)ti`r authorized capacity �), and that by hV/her/th signature on the instrument the perso WILLIAM N. ODELSON or the entity upon behalf of which the N Comm.11279067 41 NOTANYPUBLIGLALIFORNIA V1 person( acted, executed the instrument. OranOs County My Comm.Expires 00.1,tOM WITNESS y hand and official seal. Z6 NOTA0111NA�U OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE ��OR TYPE OF DOCUMENT TOLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) J/f� , { '? � © F-1 GUARDIAN/CONSERVATOR / DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF a E SIGNER o n APA 5/99 VALLEY-SIERRA, 800-362-3369 r Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Considerati And when recorded, please mail to: ac (, Ma g tMonahan, City Clerk City of San Juan Capistrano Ci y f San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Second Amendment to Owner Particivation Agreement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the "Participant") , on December 15, 1987, and, recorded in official records of Orange County on December 22, 1987, record number 87-704662; and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17, 1989, and, is attached hereto; and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment. Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows: Section A. Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73) commuter parking spaces . Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the Owner Participation 1 Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment. The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control. In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: John Shaw, Agency Council Owner: Notary: Kalm Busk, Franciscan Plaza, LLC. WILLJAM N. ODELSON Dba: Mission Plaza Comm.i1279067 N91MYCOMMInXpRes NOrAAYPOBUC•CAUFONNIA N Attest : �/�C' V � OM 1,I001 jret M. Monahan, Agency Secretary an Capistrano Community Redevelopment Agency ollen ampbe , Chairperson C:\DOUGLAS\CRA Folder\FranplzaOPA.wpd 2 r ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 6,,tn A--0CFI SS. On J_O L q ZL+6 Z before me, personally appeared L?l Z ri, NOTARY)1 V S SIGNER(S) ❑ personally known to me - OR - Y,ti'proved to me on the basis of satisfactory evidence to be the persony whose namc(e i's/ subscribed to the within instrument and ac nc wledged to me that h she/N44 executed the same in hi/her/tr authorized capacity(i ), and that by h}(/her/thyr signature on the instrument the person�61 or the e tity upon behalf of which the WILLIAM N. ODELSON person( acted, executed the instrument. N 'OM m.M1279067 rn NOTARY 8'0C•CAUFORNIA y Olsaps County My Comm.Expkes Oct.1,2004 WITN hand and oal cal. �t� NOT 'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER �� /, �-- �J TITLE ETTTOIFFRR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR F] OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONS)OR ENTITY(IES) OF E SIGNER = 10 APA 5/99 VALLEY-SIERRA, 800.362-3369 r PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Its IM City le k/Agency Secretary OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title Second Amendment to Owner Participation Signer is Representing Agreement Title or Type of Document San Juan Capistrano, Community Redevelopment Agency 2 plus this page Number of Pages May 7,2002 Date of Document Kalma Busk,John Shaw,Margaret Monahan Signer(s)Other Than Named Above >CrtY O N GPISTRPNOa • • r r E "s 3 III I� III IIAIIIIII� TIII San Juan Capistrano Community Redevelopment Agency June 12, 2002 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: (2) documents: First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land & Second Amendment to Owner Participation Agreement The two noted documents are enclosed for recordation: When placed of record, please return said documents to this office. Thank you for your assistance. Very truly yours, Mar et R Monahan City Clerk/ ecretary to the Board 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consideration . Com, And when recorded, please mail to: 4MaratM. Monahan, City Clerk City of San Juan Capistrano ity of San Juan Capistrano City Clerk' s Department 32900 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Redevelopment Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows: Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements". Subsection (a. ) , entitled, "Parking", the sixth sentence that reads: "Notwithstanding, (1) in no event shall the numbers of commuter spaces be less than 131 . . . ". Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . " . Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment. The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control. In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Notary: /(/ IL Owner: GPS Ka maBusk , Franciscan Plaza, LLC. dba: Mission Plaza Approve as to Form: WILLIAM N. OOELSONComm #1279067 r^ O0 N0TA8"P..'GCAOFONNIA N Onnpo County John Shaw, Agency Council My Comm.E pirn Oct.t,PW4 At est: Agency Ma ga et M. Monahan, Agency Secretary o 1 e e C a 7p b ell , Chairperson 2 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. J (SEAL) WITNESS my hand and official seal. • un 0- �� City ler Agency Secretary OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title First Amendment to Joint Parking & Signer is Representing Maintenance Agreement & Covenants Running with the land. San Juan Capistrano, Community Title or Type of Document Redevelopment Agency 2 plus this page Number of Pages May 7. 2002 Date of Document Kalma Busk,John Shaw,Margaret Monahan Signer(s)Other Than Named Above Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consider at* And when recorded, please mail to: �C Mar a et M. Monahan, City Clerk City of San Juan Capistrano Cit of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Second Amendment to Owner Participation Aareement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as `Owner") . Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the `Participant") , on December 15, 1987;and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment. Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows: Section A. Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73) commuter parking spaces. Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the owner Participation 1 F • • Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment. The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control . In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: John Shaw, Council Owner: Notary: Kalm Busk, Franciscan Plaza, LLC. WILLIAM N. DDEL$DNN. ODELSON Dba: Mission Plaza WILLIAM Comm1279067 ODELS rn N V NOTAAYPUBUC•CALIFORMA Attest: unty MyComO.EpprefOct,1,2004 L Ma ret M. Monahan, Agency Secretary Agency ollen ampbe , Chairperson CADOUGLASICRA Folder\FranplzaOPA.wpd 2 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) y, WITNESS my hand and official seal. Im City le "gency Secretary\ OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title Second Amendment to Owner Participation Signer is Representing Agreement Title or Type of Document San Juan Capistrano, Community Redevelopment Agency 2 plus this page Number of Pages May 7, 2002 Date of Document Kalma Busk,John Shaw,Margaret Monahan Siguer(s)Other Than Named Above 32400 PASEoNCA ADELAISTRAN , i, MEMBERS OF THE CITY GATECOUNCIL SAN JUAN 1171 RANO,CA 92675 I,Gy1' pAA�HAA�AA COLDIMELBATHGBE J OLLENE CAMPBELL (949) 493-1171 ❑UlulAn �� 1861 JOHN S.GELFF (949) 493-1053 (FAX) 1776 WYATr HART www.sanjuancapistrano.org • • DAVID M.SW RDUN CITY MANAGER GEORGE SCARBOROUGH May 8, 2002 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: First Amendment to Joint Parking & Maintenance Agreement and Declaration of Covenants Running with the Land and Second Amendment to Owner Participation Agreement The two noted document are enclosed for recordation: When placed of record, please return the document to this office. Thank you for your assistance, jMa g ret R. Monahan, CMC Cit lerk (94 443-6308 cc: Douglas Dumhart, Principal Management Analyst aluo use 1s San Juan Capistrano: Preserving the Past to Enhance the Future Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary T7iQ fer Tax - No Considerati / And when recorded, please mail to: v L/ Ma g ret M/ance an, City Clerk City of San Juan Capistrano City Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parkin and MainteAgreementand Declaration of Covenants Runnin w' h the Land. This First Amendment to Joint Parking and M ntenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7t day of May, 2002, by and between the San Juan Capistrano Communit Development Agency (the "Agency") and Busk Development, Inc. ( ereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running wi h the Land was executed by the Agency and Franciscan Plaza I estment Group, the original developer of the Franciscan Plaza roject, on December 5, 1989;and, Whereas, the current "owner" a d Agency desire to amend certain provisions of the Joint Par ng and Maintenance Agreement and Declaration of Covenants Run ng with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance reement and Declaration of Covenants Running with the Land as ollows : Section 1 . On page 3, ection 2, entitled, "Grant of Reciprocal Easements" . Subsectio (a. ) , entitled, "Parking", the sixth sentence that reads: " otwithstanding, (1) in no event shall the numbers of commuter sp ces be less than 131 . . . " . Shall be amended to read: "Notwithstan ing (1) in no event shall the number of Commuter spaces be le s than seventy-three (73) . . . " . Section 2 . Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Attachment 2 0 0 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment . The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control. In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Approve as to Form: ;iOwne John Shaw, Agency Council X A 1 m a B u s k , nu e Attest: Agenc Ma ret M. Monahan, Agency Secretary o 1 e C a pb 1 1 , Chairp rson 2 E t F San Juan Capistrano Community Redevelopment Agency July 3, 2002 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: First Amendment to Joint Parkina & M lntenance A reement and Declaration of Covenants Runninq with the Land aa6l Second Amendment to Owner Participation Agreement The two noted document are enclos d for recordation. They had been rejected for recordation, lacking the proper not ry acknowledgment. This acknowledgement has been provided. When placed of record, pleas return the document to this office. Thank you for your assist ce, Marg t R. onaha , CMC City lerk & ecret to the Community Redevelopment Agency (949 443-6 8 cc: Douglas umhart, Principal Management Analyst 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Consideration r And when recorded, please mail to: AA AL (- v ' -Mara et M. Monahan, City Clerk City of San Juan Capistrano City of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 First Amendment to Joint Parkins and Maintenance Agreement and Declaration of Covenants Running with the Land. This First Amendment to Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. ("First Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Redevelopment Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project, on December 5, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. Now, therefore, the Agency and Owner agree to amend the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land as follows : Section 1 . On page 3, Section 2, entitled, "Grant of Reciprocal Easements" . Subsection (a. ) , entitled, "Parking", the sixth sentence that reads : "Notwithstanding, (1) in no event shall the numbers of commuter spaces be less than 131 . . . ". Shall be amended to read: "Notwithstanding (1) in no event shall the number of Commuter spaces be less than seventy-three (73) . . . " . Section 2. Except to the extent that the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the 1 Land are modified by the First Amendment each and every provision of the Joint Parking and Maintenance Agreement remains in full force and effect and survives this Amendment. The Joint Parking and Maintenance Agreement is incorporated herein and by this reference. If any ambiguity exists between this First Amendment and the Joint Parking and Maintenance Agreement, this First Amendment shall control. In Witness Whereof, the parties have executed this First Amendment as of the day and year above written. Notary: 40w-/4 Owner: a Ka maBusk , Franciscan Plaza, LLC. dba: Mission Plaza Approve as to Form: A WILLIAM N. ODELSON Comm.f 1279067 NOTARY PURLICSALIFORMA N Omepe County John Shaw, Agency Council My Comm.Eip ree Oct.1,2OO4 Attest: Agency Ma ga et M. Monahan, Agency Secretary o 11 e e C a rrrp b e 1 1 , Chairperson 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 0964y : On ,TUB Z� 2Gv02 before me, tnju-I A+N ��- LJ —'E'er SC�� (DATE) (NOTARVI personally appeared ��A L F/ A 9 sie SIONER(S) ❑ personally known tome - OR proved to me on the basis of satisfactory 7 ' evidence to be the person( whose nameV is/ak subscribed to the within instrument and acknowledged to me that [ (/she/t* executed the same in IV/her/th)r authorized capacity(i ), and that by hV/her/th signature cn the instrument the person WILLIAM N. ODELSON or the entity upon behalf of which the N Comm.t 1279067 NOTARY, a IC•CALIFORNIA person(V acted, executed the instrument. OCcunry My Comm. x iEons Oct.).2004 WITNESS y hand and official seal. NOTA Y'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ��-- t"I,eSi /�l�x/;� /9epcT SLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑❑ GUARDIAN/CONSERVATOR '*7, ( oo 7z___ F-] OTHER: DATE OF DOCUMENT OTHER e SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONS)OR ENTITY(IES) OF E SIGNER a APA 5/99 VALLEY-SIERRA, 800-362-3369 • PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7. 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. City CtrpAgency Secretary OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title First Amendment to Joint Parking & Signer is Representing Maintenance Avxeement & Covenants Running with the land. San Juan Capistrano, Community Title or Type of Document Redevelopment Agency 2 plus this image Number of Pages May 7, 2002 Date of Document Kalma Busk,John Shaw, Margaret Monahan Signer(s)Other Than Named Above Recording Requested by: Recording fees exempt due to Govt Code 6103 City of San Juan Capistrano Documentary Transfer Tax - No Considerati�-6 And when recorded, please mail to: C Mar a et M. Monahan, City Clerk City of San Juan Capistrano Cit of San Juan Capistrano City Clerk' s Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Second Amendment to Owner Participation Agreement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner") . Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the "Participant") , on December 15, 1987;and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17, 1989;and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment. Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows : Section A. Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73) commuter parking spaces . Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the Owner Participation 1 Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment. The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control . In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: Q 'C-1-1 John Shaw, Agency Council AK'f Owner: Notary: A6 Kalm Busk, Franciscan Plaza, LLC. WILLIAM N. ------ N Dba: Mission Plaza _ Comm.#1279067 t^ N NOTAgY P'BIIC-CAIIFORMA V! Attest: V `�-�_ Orange county My Comm.Fnpimt Nty L Ma ret M. Monahan, Agency Secretary Agency• ollen ampbeel, Chair C:\DOUGLAS\CRA Folder\FranplzaOPA.wpd 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 61241me 1 Ss. On J_U L4 Z06 a- before me, (d% i i-C.i yk*;L ®1b e"O A) INOTARVI personally appeared IS_A Z r-t 1 y Se SIGNER(S) ❑ personally known to me - OR - 't' proved to me on the basis of satisfactory evidence to be the persony whose name 1's/ subscribed to the within instrument and ac nowledged to me that h /she/NOy executed the same in hW,/her/tyir authorized capacity(i ), and that by hl(/her/thyi'r signature on the instrument the person(<, or the e tity upon behalf of which the WILLIAM N. ODELSON person( acted, executed the instrument. N Comm.t1279067 NOTARY PUBLIC-CALIFORMA Ormpn ConntY MV Cmnm.Expires Oct.t,2004 WITN hand and o al eal. N 5 SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER �7��77T''�k TITLE OR TYPE OFDOCUMENT TITLE(S) F-] PARTNER(S) 2— ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR J L© DATE OF 160CUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF, SIGNER o APA 5N9 VALLEY-SIERRA, 500-362-3369 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. J (SEAL) ®A WITNESS my hand and official seal. . un City le k/Agency Secretary OPTIONAL Capacity Claimed by Signer Description of Attached Document Chairman of the Board of Directors Title Second Amendment to Owner Participation Signer is Representing Agreement Title or Type of Document San Juan Capistrano, Community Redevelopment Agency 2 plus this page Number of Pages May 7, 2002 Date of Document Kalma Busk, John Shaw, Margaret Monahan Signer(s)Other Than Named Above FRANCISCAN PLAZA April 22, 1993 Carolyn Nash Community Redevelopment Agency City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Re: Cash Flow Problems Due to Failure to Charge for Commuter Parking Dear Carolyn, I am hoping you can be of assistance in rectifying a difficult situation that has persisted since December, 1989, when the Parking Structure opened to the public. I negotiated with Nancy Erikson of the CRA for their participation in the cost of construction and ongoing maintenance of the portion of the Parking Structure that would be set aside for Commuter parking only. The construction portion of the CRA's participation was to be paid via an annual payment (for 6 years starting in 1990) and an additional amount was to be paid by allowing the Plaza to receive 50% of the revenue the City was going to receive from the Commuters for parking privileges. The agreement had spelled out a minimum of $3 . 50 per day that the CRA would charge the Commuters for daily parking. Thirty minutes before the City Council meeting (at which the CRA agreement was to be voted upon) was to begin, Steve Julian pulled me aside and told me that it would be better to have the matter come up for a vote now without the minimum $3 . 50 per charge included. He stated that the daily charge could be brought for consideration at a later date when it would be more "politically acceptable. I agreed under the condition that the Franciscan Plaza would receive the minimum sum of $1. 00 per space per day (50% of that amount on weekends) , no matter what the Commuters paid to the CRA. >C SLDT S'' ,Y7 ./ quL -,A K J Oov6LAS - 7ZESP0,41Sc 31831 Camino Capistrano, Suite 100, San Juan Capistrano, CA 92675 (714) 489-3010 Fax (714) 489-3099 APR t 6 1993 Carolyn, it has been over 3 1/2 years since the Structure opened and their is still a policy of free parking for a group that recent data shows are mainly NOT San Juan citizens. The City is currently out of pocket over $100,000 per year in the parking fee and their portion of the maintenance costs that are paid to the Plaza. Our original projections indicated a substantially higher amount of parking revenue based on the negotiated $3 . 50 per day amount. It is hard enough in these time with reduced rents and higher vacancy rates to try and hold on. The loss of the additional revenue that was expected from the Commuter parking fees only makes this situation more difficult. One thing I could never understand is the CRA's reluctance to try and avoid the $100, 000 out of pocket cost by charging the Commuters. In addition, I am hoping that the City will implement a paid parking for the entire Downtown area. This could help ease all of our financial difficulties in these challenging times. Thank you for any assistance you can be in this situation. I am available to meet with you to discuss this matter further should you deem it advisable. Sin;ere arber Sall Juan Capistrano Community, Rede%clopment Agency March 27, 1990 Mr. Paul Farber Franciscan Plaza Investment Group 31831 Camino Capistrano San Juan Capistrano, California 92675 Re: Joint Parking and Maintenance Agreement Dear Mr. Farber: Enclosed is a fully-executed copy of the Joint Parking and Maintenance Agreement and Declaration of Covenants Running with the Land. We are still awaiting receipt of the insurance required by Section 3.2.g of the agreement. Please forward the required proof of insurance to my office as soon as possible. Thank you for your cooperation. Very truly yours, f� Mary Ann Hanover, CMC Agency Secretary MAH/cj Enclosure cc: Cassandra Walker 32100 Pam,, Addaom. San lean (:iplstrano California 92075 714-193-1171 AGENDA ITEM December 5, 1989 TO: Stephen B. Julian, Executive Director FROM: Jeffrey Parker, Assistant to the City Manager SUBJECT: Franciscan Plaza Joint Parking Agreement SITUATION: A. Summary and Recommendation On October 17, 1989, the Redevelopment Agency entered into an Amendment to the Owner Participation Agreement with Franciscan Plaza Investment Group. The original OPA and this OPA Amendment provided financial assistance for the construction of a parking structure and the reimbursement of the significant costs associated with archaeological investigations and implemented mitigation measures. The OPA Amendment referenced a Joint Parking Agreement to be negotiated by the Developer and Agency, which outlined certain parking related issues. Additionally, this Joint Parking Agreement was a condition of approval by the City Council to the Franciscan Plaza Conditional Use Permit approval in 1986. This 1986 Conditional Use Permit approval required that the Joint Parking Agreement be executed prior to the issuance of Use and Occupancy permits for the project. According to the current project schedule, the theatre and parking structure portion of the project would open during mid-December. It is recommended that the Joint Parking Agreement, which will be provided prior to the meeting, be approved. B. Background The Joint Parking Agreement required by the Conditional Use Permit approval was envisioned to establish and limit the hours of certain land uses to facilitate the joint use of the parking structure. The parking structure would provide spaces for tenants and patrons of Franciscan Plaza, Phases I and II, Provincial Building tenants and patrons, and commuters during the daytime hours. In the evening, the parking structure would provide spaces for patrons of the theatres and shoppers of Franciscan Plaza and the Provincial Building. The Joint Parking Agreement provides for the establishment of the hours of operation of certain land uses, sets out the Agency's right to obtain additional commuter parking spaces in the structure, provides for the management and operation of the structure, and reserves spaces in the parking structure for Provincial Building tenants. FOR CRY COUNCIL AGENDAdlGv �� 0 PUBLIC NOTIFICATION: Not applicable. OTHER BOARDS/COMMISSIONS: Not applicable. FINANCIAL CONSIDERATION: Not applicable. ALTERNATE ACTIONS: 1. By motion, approve the Joint Parking Agreement and authorize the Chairman to execute it. 2 . Direct staff to revise the Joint Parking Agreement. -------------------------------------------------------------- RECOMMENDATION• By motion, approve the Joint Parking Agreement and authorize the Chairman to execute it. Respectfully submi ed, /ef Parker Assistant to the City Manager JCP:CW Sall Juun G alliIn1I111A Rudru4upnu II AKCn(\ 4 December 13, 1989 Mr. Paul Farber Franciscan Plaza Investment Group 31831 Camino Capistrano San Juan Capistrano, California 92675 Re: Joint Parking and Maintenance Agreement Dear Mr. Farber: At their meeting of December 5, 1989, the San Juan Capistrano Community Redevelopment Agency Board of Directors approved the Joint Parking and Maintenance Agreement. The agreement establishes the hours of operation of certain land uses, sets out the Agency's right to obtain additional commuter parking spaces in the structure, provides for the management and operation of the structure, and reserves spaces in the parking structure for Provincial Building tenants. The Agency has not yet received the insurance set forth in Section 3.2(g) of the Agreement. Please forward the required certificate to my office as soon as possible. Upon receipt of the certificate, a fully-executed copy of the agreement will be forwarded to you. The original agreement has been forwarded to the Orange County Recorder. If you have any questions, please let us know. Very truly yours, G-�S��t 12 - Mary Ann anover, CMC Agency Secretary MAH/cj cc: Jeff Parker (with agreement) Cass Walker (with agreement) 32100 Pawo Adelanm San Juan Capistrano California 92675 714-493-1171 , 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