11-1004_OPEN SPACE FOUNDATION, SJC_Site Access LicenseSITE ACCESS LICENSE
This Site Access License ("License") is granted as of the day of October, 2011
to the San Juan Capistrano Open Space Foundation ("Licensee") by the City of San Juan
Capistrano, a municipal corporation ("Owner").
Whereas, Licensee proposes to provide volunteer services to the Owner for the
benefit of the community on Owner's property located at 2C Ranch as depicted on plans
approved by the City (the "Property") consisting of constructing trail and equestrian related
improvements consistent with a City -issued building permit(s).
Whereas, City supports the community services provided by Licensee.
NOW, THEREFORE, in exchange for Licensee's promises stated herein, the
Owner grants this License subject to the following terms and conditions:
1. Grant of License. The Owner hereby grants to Licensee, its contractors, and
their employees, volunteers and agents, a non-exclusive revocable temporary license and
permission to enter upon the Property for the purpose stated above. Except as specifically
set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property
for any other purpose without the prior written consent of the Owner. Licensee's use of the
Property pursuant to the license granted herein shall not interfere with the Owner's use of
the Property.
2. Scope of Work. The Licensee shall construct the final project that the Owner
approves and shall notify the Owner of any planned deviations, revisions or alterations to
the project prior to constructing said improvements. The Licensee shall secure written
approval from the Owner for any work conducted outside the limit of work area and shall
secure required building permits and any other permit(s) outlined in the Municipal Code.
The Licensee shall schedule all required site inspections with the designated Owner
representative(s).
3. Condition of Premises. Licensee understands and acknowledges that
Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS
IS" condition with full knowledge of the physical condition thereof, (b) the Property may
contain hazardous conditions which may present danger and/or risks to the persons and
property, and (c) Owner, its officials, employees, representatives and agents, have not
made representation or warranty, express or implied, as to the condition of the Property,
the suitability of the Property for any purpose.
4. Insurance. Licensee shall, at its sole cost and expense, procure and
maintain in effect throughout the term of this License, maintain in full force and effect
Comprehensive General Liability coverage in an amount not less than one million dollars
1
per occurrence ($1,000,000.00), combined single limit coverage for risks associated with
the access and activities contemplated by this License. If a Commercial General Liability
Insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this License or the
general aggregate limit shall be at least twice the required occurrence limit. Prior to
accessing the Property under this License, Licensee shall submit the insurance
certificates, including the deductible or self -retention amount; and an additional insured
endorsement naming City, its officers, employees, agents, and volunteers as additional
insured's as respects each of the following: Liability arising out of activities performed by
or on behalf of Licensee, including the insured's general supervision of Licensee;
products and completed operations of Licensee; or automobiles owned, leased, hired,
or borrowed by Licensee. The coverage shall contain no special limitations on the
scope of protection afforded City, its officers, employees, or agents.
5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable
to Owner), protect and hold harmless Owner and its directors, officers, employees,
shareholders, members, partners, lenders, agents, representatives, contractors and
each of their respective successors and assigns and Owner's affiliates and
members (collectively, "Owner's Parties") from and against any and all claims,
demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses
(including, without limitation, attorneys' fees and court costs), whether based on
personal injury, property damage, negligence, nuisance; trespass, or pollution, arising
at any time during . or after the Term as a result (directly or indirectly) of or in
connection with Licensee's access or use of Owner's Property pursuant to this License,
or the conduct of Licensee's activity, work or things done, permitted or suffered by
Licensee in or about Owner's Property pursuant to this License, except to the extent
caused by Owner's negligence or willful misconduct. The obligations of Licensee under
this Section 4 shall survive the expiration or earlier termination of this License.
6. Termination. Notwithstanding the provisions of Section 1, above, this
License may be terminated by Owner "at will" and for no cause. No termination hereof
shall release Licensee or its respective successors or assigns from any liability or
obligation hereunder, whether of indemnity or otherwise, resulting from any acts,
omissions, or events occurring prior to the effective date of such termination.
7. Surrender. Upon expiration or earlier termination of this License, Licensee
shall remove all Licensees' personal property, Except for the improvements or work
identified in this License, Licensee shall clean, repair and restore Owner's Property to
the same condition as existed prior to Licensee's entry thereon.
8. Term. This License shall expire on March 1, 2012.
%
San Juan Capistrano Open Space Foundation
By: Lee 44—
Print Name: Ai(6,0 6;22gs
Title: L9&r#,C(4"v_r
APPROVED AS TO FORM:
By:
1 q% %. 1� . / L
I
mar San val, City Attorney
3
10/4/2011
AGENDA REPORT
D14
TO: Karen P. Brust, City Mona
FROM: Grant Taylor, Development Services Director
SUBJECT: Consideration of Approval of a New Site Access License for the San Juan
Capistrano Open Space Foundation's Proposed Construction of Multi -Use
Trail -Related Improvements on 2C Ranch.
RECOMMENDATION:
• s
Grant a new Site Access License to the Open Space Foundation to allow access
to 2C Ranch to construct those proposed improvements conceptually approved
by the City Council on February 15, 2011 (see Attachment 1, 2C Ranch Site
Access License for the Open Space Foundation); and,
2. Allocate up to $2,900 for a geologic site reconnaissance; and equestrian fencing
and signage along the Trabuco Creek embankment from the City's existing City -
Wide Trail Improvements Capital Improvement Project (CIP #07204).
SITUATION:
Last Fall, the City Council considered proposed conceptual plans submitted by the
Open Space Foundation (OSF) for the construction of trail -related improvements to the
southern portion of the 2C Ranch, as well as the Northwest Open Space (see
Attachment 2, 2C Ranch Conceptual Design Plans). One of the OSF's primary
objectives has been to improve public accessibility to the City's open space lands
through these improvements. The OSF completed the Northwest Open Space staging
area last Spring and on June 25, 2011, that staging area was officially opened for public
use. The OSF is now prepared to move forward with the 2C Ranch trail improvements.
However, the Site Access License granted last October will expire on October 15, 2011
which provides insufficient time to complete the planned improvements. Thus, OSF
needs to secure a new license from the City in order to proceed with the improvements
to 2C Ranch.
Staff recommends that the City Council grant a new Site Access License to the OSF to
allow access to the 2C Ranch to construct the proposed improvements and allocate up
to $2,900 of costs to be incurred for geologic site reconnaissance, fencing and signage
to assure the area is safe for public access.
Agenda Report
Paae 2
BACKGROUND:
October 4. 2011
On October 19, 2010, the City Council considered proposed conceptual site and
improvement plans for both the 2C Ranch and the Northwest Open Space submitted by
the OSF (see Attachment 3, City Council October 19, 2010 Minutes). At that time, the
OSF proposed to construct trail -related rest -stop improvements on the southern portion
of the 2C Ranch Property. The OSF's proposed improvements to the 2C Ranch that
were approved by the City Council at that time included:
• constructing a horse water trough and hose bib (faucet) for trail users;
• installing three (3) picnic benches;
• installing a 30 -foot long steel -pipe, hitching post; and,
• constructing a stone -faced, brick -topped monument with a brass plague
commemorating the 2C Ranch site.
At the October 19, 2010 meeting, the OSF requested that the City pay the cost of
waterline improvements to the 2C Ranch property which were subsequently determined
to be about $25,500 by the Utilities Department. City Council continued consideration of
the proposal, and on February 15, 2011 took the following action (see Attachment 4,
City Council February 15, 2011 Minutes):
• approved the OSF's preliminary improvement plans for interim trail -related
improvements on a portion of the 2C Ranch and, the Northwest Open Space;
and,
• approved funding of waterline improvements to 2C Ranch not to exceed a
maximum of $25,500; and,
• granted a Permit Fee Waiver to the OSF for the processing of any required
grading and building permits related to the proposed interim trail improvements;
and,
• granted a Site Access License to OSF to allow access to 2C Ranch to construct
the proposed improvements.
STAFF ANALYSIS:
The winter storms of 2010-2011 resulted in damage to various areas within the City.
Coincidentally, the damage to public facilities from those storms was reported to the
City Council at the February 15, 2011, meeting. A subsequent site inspection of the 2C
Ranch property by City staff revealed that as a result of those storms, the westerly
embankment of Trabuco Creek had been severely eroded. That erosion resulted in an
apparently unstable embankment, based on fissures in the ground surface, and a 40 to
50 foot elevation difference from the 2C Ranch area to the creek below.
In order to assure that the 2C Ranch trail area and trail users are protected from the
apparent unstable embankment condition along Trabuco Creek, staff recommends that
the City Council authorize up to a maximum of $1,000 to conduct a site geologic
reconnaissance. Lawson & Associates Geotechnical Consulting Inc. has provided a
Agenda Report
Page 3 October 4, 2011
letter proposal indicating that they would review background geotechnical data for the
project site, visit the site to determine the actual geologic conditions, review those
conditions and alternatives with City staff, and provide a recommendation for a
minimum setback. In order to keep trail users at a safe distance from the Trabuco Creek
embankment, trail fencing would be installed at the edge of the recommended setback
and extended for not more than 320 feet. In addition, staff envisions the installation of
appropriate signage along the fence. Public Works Department has estimated the cost
of fencing and signage at $1,750 and with a 10% contingency, not more than $1,900.
FINANCIAL CONSIDERATIONS;
Staff recommends the $2,900 be allocated for these costs from the City's existing City -
Wide Trail Improvements Capital Improvement Project (CIP #07204).
PUBLIC NOTIFICATION
Public notification has been provided through posting of the meeting agenda on the
City's website and notification was provided to the following OSF representatives:
Tom Ostensen
Brad Gates
Tim Neely
I:1MiCTili► 4M11T_"%dii]zj
By motion,
1. Grant a new Site Access License to the Open Space Foundation to allow access
to 2C Ranch to construct those proposed improvements conceptually approved
by the City Council on February 15, 2011 (see Attachment 1, 2C Ranch Site
Access License for the Open Space Foundation); and,
2. Allocate up to $2,900 for a geologic site reconnaissance; and equestrian fencing
and signage along the Trabuco Creek embankment from the City's existing City -
Wide Trail Improvements Capital Improvement Project (CIP #07204).
Respectfully submitted,
Grant Tayl
Development Services Director
Prepared by:
(�%Vt � � 61 � "11'"9
William A. Ramsey, AICP
Principal Planner
Agenda Report
Page 4 October 4, 2011
Attachment:
1. 2C Ranch Site Access License for the Open Space Foundation.
2. 2C Ranch Conceptual Design Plans.
I City Council October 19, 2010 Minutes.
4. City Council February 15, 2011 Minutes.
SITE ACCESS LICENSE
This Site Access License ("License") is granted as of the day of October, 2011
to the San Juan Capistrano Open Space Foundation ("Licensee") by the City of San Juan
Capistrano, a municipal corporation ("Owner").
Whereas, Licensee proposes to provide volunteer services to the Owner for the
benefit of the community on Owner's property located at 2C Ranch as depicted on plans
approved by the City (the "Property") consisting of constructing trail and equestrian related
improvements consistent with a City -issued building permit(s).
Whereas, City supports the community services provided by Licensee.
NOW, THEREFORE, in exchange for Licensee's promises stated herein, the
Owner grants this License subject to the following terms and conditions:
1. Grant of License. The Owner hereby grants to Licensee, its contractors, and
their employees, volunteers and agents, a non-exclusive revocable temporary license and
permission to enter upon the Property for the purpose stated above. Except as specifically
set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property
for any other purpose without the prior written consent of the Owner. Licensee's use of the
Property pursuant to the license granted herein shall not interfere with the Owner's use of
the Property.
2. Scope of Work. The Licensee shall construct the final project that the Owner
approves and shall notify the Owner of any planned deviations, revisions or alterations to
the project prior to constructing said improvements. The Licensee shall secure written
approval from the Owner for any work conducted outside the limit of work area and shall
secure required building permits and any other permit(s) outlined in the Municipal Code.
The Licensee shall schedule all required site inspections with the designated Owner
representative(s).
3. Condition of Premises. Licensee understands and acknowledges that
Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS
IS" condition with full knowledge of the physical condition thereof, (b) the Property may
contain hazardous conditions which may present danger and/or risks to the persons and
property, and (c) Owner, its officials, employees, representatives and agents, have not
made representation or warranty, express or implied, as to the condition of the Property,
the suitability of the Property for any purpose.
4. Insurance. Licensee shall, at its sole cost and expense, procure and
maintain in effect throughout the term of this License, maintain in full force and effect
Comprehensive General Liability coverage in an amount not less than one million dollars
I
ATTACHMENT 1
per occurrence ($1,000,000.00), combined single limit coverage for risks associated with
the access and activities contemplated by this License. If a Commercial General Liability
Insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this License or the
general aggregate limit shall be at least twice the required occurrence limit. Prior to
accessing the Property under this License, Licensee shall submit the insurance
certificates, including the deductible or self -retention amount, and an additional insured
endorsement naming City, its officers, employees, agents, and volunteers as additional
insured's as respects each of the following: Liability arising out of activities performed by
or on behalf of Licensee, including the insured's general supervision of Licensee;
products and completed operations of Licensee; or automobiles owned, leased, hired,
or borrowed by Licensee. The coverage shall contain no special limitations on the
scope of protection afforded City, its officers, employees, or agents.
5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable
to Owner), protect and hold harmless Owner and its directors, officers, employees,
shareholders, members, partners, lenders, agents, representatives, contractors and
each of their respective successors and assigns and Owner's affiliates and
members (collectively, "Owner's Parties") from and against any and all claims,
demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses
(including, without limitation, attorneys' fees and court costs), whether based on
personal injury, property damage, negligence, nuisance, trespass, or pollution, arising
at any time during . or after the Term as a result (directly or indirectly) of or in
connection with Licensee's access or use of Owner's Property pursuant to this License,
or the conduct of Licensee's activity, work or things done, permitted or suffered by
Licensee in or about Owner's Property pursuant to this License, except to the extent
caused by Owner's negligence or willful misconduct. The obligations of Licensee under
this Section 4 shall survive the expiration or earlier termination of this License.
6. Termination. Notwithstanding the provisions of Section 1, above, this
License may be terminated by Owner "at will" and for no cause. No termination hereof
shall release Licensee or its respective successors or assigns from any liability or
obligation hereunder, whether of indemnity or otherwise, resulting from any acts,
omissions, or events occurring prior to the effective date of such termination.
7. Surrender. Upon expiration or earlier termination of this License, Licensee
shall remove all Licensees' personal property. Except for the improvements or work
identified in this License, Licensee shall clean, repair and restore Owner's Property to
the same condition as existed prior to Licensee's entry thereon.
8. Term. This License shall expire on March 1, 2012.
2
City of San Juan Capistrano
Karen P. Brust, City Manager
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
San ,Juan Capistrano Open Space Foundation .
Print Name:
Title:
3
2C Ranch
City of San Juan Capistrano
Proposed improvements by the Open Space Foundation
scale: 1 "=60 feet ATTACHMENT 2
G2. DEVELOPMENT SERVICES
a. DISCUSSION OF PROPOSALS BY THE OPEN SPACE FOUNDATION TO
CONSTRUCT TRAIL -RELATED IMPROVEMENTS ON A PORTION OF THE
2C RANCH PROPERTY AND CONSTRUCT A MULTI -USE STAGING AREA
ON THE NORTHWEST OPEN SPACE (700.10)
Council Member Nielsen recused himself due to sitting in the Open Space
Foundation Board.
William Ramsey, Principal Planner, provided a staff report and responded to
questions.
Public Comments:
• Brad Gates, Open Space Foundation, provided information related to their
proposed improvements, and asked that the City install the water supply line
and provide water for the horse trough; and responded questions from the
City Council. Mayor Uso, asked the possibility of allowing an interested
Boy Scout to install the water trough, as an eagle scout project.
• Diane Carter, American Horse Products owner, spoke regarding the
importance of a staging area, andhaving adequate room for different size
trailers to turn and park.
• Gail Zukow, Parks, Recreation and Equestrian Commission; requested that
the item be presented to the Parks, Recreation and Equestrian Commission.
• Adam Maywhort, City resident, spoke regarding importance to consider
adequate space for the staging area during the designing process, and have
with proper signage that restricts certain area for equestrian parking.
• Renee Ritchie, Open Space Committee Member, stated that a lot of time
was spent in researching the staging area.
Council Comments-
* Felt that the City should look into making improvements in their open space
in Order for the public to enjoy; and partner with private organizations in
hopes of receiving funding opportunities.
• Felt that the project is fantastic, but preference in having the City's cost
before mailing a final decision.
4 Need to be clear that the staging area will have a separate horse trailers
area from single vehicles (general purpose); supported the item going to the
Parks, Recreation & Equestrian Commission for their input.
• Council Direction to forward the item to the Parks, Recreation and
Equestrian Commission for their review, and bring it back to the City Council
with the costs of extending an existing potable waterline to the location of the
proposed watering trough.
10 10/1912010
,ATTACHMENT 3
G3. DEVELOPMENT SERVICES
a. OPEN SPACE FOUNDATION PRELIMINARY IMPROVEMENT PLANS FOR
INTERIM TRAIL -RELATED IMPROVEMENTS ON A PORTION OF THE 2C
RANCH AND THE NORTHWEST OPEN SPACE, APPROVED; FUNDING OF
WATERLINE IMPROVEMENTS TO 2C RANCH NOT TO EXCEED A MAXIMUM
OF $25,500, APPROVED; PERMIT FEE WAIVER TO THE OPEN SPACE
FOUNDATION FOR THE PROCESSING OF ANY REQUIRED GRADING AND
BUILDING PERMITS RELATED TO THE PROPOSED INTERIM TRAIL
IMPROVEMENTS, GRANTED; AND SITE ACCESS LICENSE TO THE OPEN
SPACE FOUNDATION TO ALLOW ACCESS TO CONSTRUCT PROPOSED
IMPROVEMENTS, GRANTED (390.30/700.10/1050.40)
Public Correspondence:
• Tony and Orrie Brown, City residents, submitted a letter dated February 15,
2011, asking the City Council not to approve the proposed fee waiver.
William A. Ramsey, Principal Planner, provided a staff report and responded to
questions. grad Gates, President of the San Juan Capistrano Open Space
Foundation, responded to questions.
Council Comments:
• In favor of opening up the open space, but not in favor in spending from the
general fund up to $25,500 in the waterline improvements, preference in
using greats if possible.
• Supported staff's recommendation due to the public benefit and the work that
will be provided by the San duan Capistrano Open Space Foundation.
• Stated that the waterline improvement is needed for the
watering trough in order to provide water to the parses and also provide
drinking water to visitors.
Council Motion: Moved by Mayor Allevato, seconded by
Council Member Taylor, and carried 3-2 with Mayor pro tem Kramer and
Council Member Reeve apposed to approve the Open Space Foundation
Preliminary Improvement Plans for interim trail -related improvements on a
portion of the 2C Ranch and the Northwest Open Space; approve funding of
waterline improvements to 2C Ranch not to exceed a maximum of $25,500; grant
permit fee waiver to the Open Space Foundation for the processing of any
required grading and building permits related to the proposed interim trail
improvements; and grant a Site Access License to the Open Space Foundation
to allow access to construct proposed improvements.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve and Kramer
ABSENT: COUNCIL MEMBER: None
Page 1 2/15/2011
ATTACHMENT 4
G4. PUBLIC WORKS
a. CHANGE ORDER NO. 1 TO THE EASTERN WELLS PIPELINE
CONSTRUCTION CONTRACT WITH PROCRAI=T PLUMBING COMPANY, INC.
IN THE AMOUNT OF $121:,254.19, APPROVED; CHANGE ORDER NO 1. TO
THE EQUIPPING OF THE EASTERN WELLS CONSTRUCTION CONTRACT
WITH GC1 CONSTRUCTION, INC. IN THE AMOUNT OF $26,154.04,
APPROVED; AND $330,000 APPROPRIATED FROM. THE WATER CAPITAL
FUND TO THE EASTERN WELLS PROJECT TO COVER BUDGET
SHORTFALL, CHANGE ORDERS AND CONTINGENCIES (CIP 08802)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Council Comments:
• Understands that unexpected construction issues are going to occur, but
unacceptable to bring" to the City Council change orders after the fact without
any prior notification or approvals by the City Council.
• Suggested providing memorandums in the Council's mail slots of project
updates/change orders.
Council Motion: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 3-2 with Council Member Freese and
Council Member Reeve opposed to approve Change Order No. 1 to the Eastern
Wells Pipeline Construction Contract with Procraft Plumbing Company, Inc. in the
amount of $121,264.19, approved; approve Change Order No 1. to the Equipping
of the Eastern Wells Construction Contract with GCI Construction, Inc. in the
amount of $26,154.54; and $330,400 appropriated from the water
capital fund to the Eastern Wells Project to cover budget shortfall,
change orders and contingencies (CIP 08802); and changing the amount of
Procraft Plumbing Company, Inc. Change Order No. 1 from $127,042.00 to the
correct amount of $121,264.19
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Freese and Reeve
ABSENT: COUNCIL MEMBER: None
ORDINANCES. None
COUNCILMANIC ITEMS:
Mayor pro tem Kramer requested an update on the City Manager recruitment.
Joe Tait, City Manager, stated that 81 applications have been received by
Human Resources and the City Council has received copies of all the applications.
The next step in the process is to set a date for a Special Closed Session meeting.
Page 2 211512011
39400A CSADPi .AN`rO
SAN JUAN CAPISTRANO, Cid ,926 75
(949) d 1171
(949) 493.105 FAX
iwvvw..sa.njuancaapstrano.org
MEMBERS of THE MY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAAR ALLEVA70
LAURA FRECSE
1 ARiYY KRAMER
D REK REEVE
JOHN TAYLOR
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, October 4,
2011, in the City Council Chamber in City Hall, to consider: "Consideration of Approval
of a New Site Access License for the San Juan Capistrano Open Space Foundation's
Proposed Construction of Multi -Use Trail -Related Improvements on 2C Ranch," --
Item No. D14.
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 City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 12:00
p.m. on Monday, October 3, 2011, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "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 Mayor when the
item is considered.
You have received this notice at the request of the City staff member William A. Ramsey,
AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an a --mail to:
cityclerk -sanjuancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Tim Neely, Tom Ostensen, Brad Gates
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