22-1114_31791 LOS RIOS STREET, LLC_License AgreementRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk
EXEMPT FROM RECORDING FEES
(Government Code §§27383)
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1�1 II III II 11111 111 �] 1 II NO FEE
*$ R 0 0 1 4 0 9 5 2 3 2$*
2022000398547 9:33 am 12106122
227 NC -5 Al2 21
0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 0.00
APNs: 649-191-04 and 121-160-21 Space Above Line for Recorder's Use Only
LICENSE AGREEMENT FOR
CERTAIN PERMITTED ACTIVITIES
ON PUBLIC PROPERTY
THIS LICENSE AGREEMENT (the "License") is made and entered into this 14th
day of November, 2022 (the "Effective Date"), by and between the CITY OF SAN
JUAN CAPISTRANO, a California municipal corporation (the "Licensor"), and 31791
LOS RIOS STREET LLC, a California limited liability company (the "Licensee").
WITNESSETH
WHEREAS, Licensor is the owner of that certain property more particularly
described on Exhibit "A" attached hereto (APNs 649-191-04 and 121-160-21)
(collectively, the "Licensor Property"), which contains the public right-of-way for Paseo
Adelanto and associated landscape improvements located over the easterly portion of
such property; and,
WHEREAS, Licensee is the owner of APN 121-160-20 (the "Licensee Property"),
and has secured Architectural Control (AC) 21-013 and Site Plan Review (SPR) 21-000
(together and including any future related entitlements, the Entitlements') to construct a
4,928 SF barn and associated improvements (together, the "Barn") on the Licensee
Property; and,
WHEREAS, the Entitlements require the Licensee to enhance the landscaping on
that certain portion of the Licensor Property that is adjacent to the Licensee Property and
depicted on Exhibit "B" attached hereto (such portion of the Licensor Property, the
"Landscaped AREA"); and,
WHEREAS, Licensee seeks to enter upon the Landscaped AREA for the purpose
of installing and maintaining improvements associated with the Barn, including irrigation and
landscaping, and hardscape (hereinafter, "Permitted Activities" and the improvements
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61147.003 10\34906192.1
themselves, the "Improvements") as required by the Entitlements and/or shown on the
proposed improvement plans under Building Permit number B21-1362 ("Building Permit"),
all as further described in Section 3 below; and,
WHEREAS, Licensor desires to grant Licensee permission to engage in said
Permitted Activities upon the Landscaped AREA.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
OBLIGATIONS OF THE PARTIES HEREIN CONTAINED, THE PARTIES ENTER INTO
THIS LICENSE AGREEMENT.
Section 1. Grant of License.
Licensor hereby grants to Licensee a non-exclusive and revocable right and
license to enter upon the Landscaped AREA to conduct the Permitted Activities subject
to the conditions set forth in this License. This License is intended to be temporary and
shall not be deemed to create an easement, irrevocable license, lease or any property
interest in the Landscaped AREA.
Section 2. Term of License; Covenant that Runs with the Land.
This License shall take effect upon the Effective Date and shall be recorded in the
Official Records of Orange County. This License shall continue in effect until either party
unilaterally terminates or both parties mutually terminate this License. In the case of
unilateral termination, the terminating party shall provide at least 30 days' advance written
notice to the non -terminating party. This License shall be a covenant that runs with the
land. Should this License be terminated, Licensee shall have no further obligations to
conduct the Permitted Activities and shall take all actions necessary to turn over all right
and title to the Improvements to Licensor.
Section 3. Permitted Activities.
Licensee is authorized to prepare the Landscaped AREA to receive the
Improvements and to install, maintain and operate the Improvements. Preparation of the
Landscaped AREA includes, but is not limited to, clearing for installation of irrigation
systems, landscape material, mulch and monument signage. On-going operational
activities include, but are not limited to, irrigating, clearing, cleaning, trimming, pruning,
weeding, fertilizing, and replacing plant material as warranted. The Permitted Activities
shall also include the maintenance of the three (3) existing sycamore trees currently
located within the Landscaped AREA. Licensee shall provide written notice to Licensor of
any future improvements that Licensee desires to install (that may or may not require
removal of existing Improvements) that are potentially outside the scope of the
Entitlements or the Building Permit (No. B21-1362) to determine whether this License
requires amendment. Licensee shall obtain approval from the City prior to implementing
new improvements outside of the scope of Building Permit B21-1362.
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In connection with the Permitted Activities, Licensee shall leave in place and not
disturb Licensor's existing irrigation piping system (including its pedestal controller and
backflow device) (the "Existing Irrigation System"). Licensee's use of the Existing
Irrigation System for Permitted Activities shall be separately metered and charged directly
to Licensee. In no event shall the Permitted Activities impede or conflict with normal or
emergency maintenance of either the existing Licensor -maintained light poles or the
SMWD fire hydrant located within or about the Landscaped AREA ("Licensor -Maintained
Improvements"). If any Licensor -Maintained Improvement is damaged due to the
negligence or willful misconduct of Licensee, its agents, employees, or licensees, the
repair (or cost thereof) of such damage shall be the responsibility of Licensee.
Licensee is responsible to ensure maintenance activities are in compliance with
State and Federal regulations as it relates to the use of pesticides and/or herbicides.
Licensee shall ensure appropriate water quality best management practices (BMPs) are
implemented during all installation and/or maintenance operations to mitigate pollutants
from entering the storm drain system.
Section 4. Compliance with Laws.
Licensee's rights hereunder shall be conditioned upon, and Licensee shall, at its
sole cost and expense, comply with each and every federal, state and local law,
regulation, standard, court decision, ordinance, rule, code, order, decree, directive,
guideline, permit and permit condition, together with any declaration of covenants,
conditions and restrictions that are recorded in any official or public records with respect
to the Landscaped AREA or any portion thereof, each as currently existing and as
amended, enacted, issued or adopted from time to time, that are applicable to the
Permitted Activities to be performed within the Landscaped AREA.
Section 5. No Duty to Warn.
Licensor has no duty to inspect the Landscaped AREA and no duty to warn
Licensee or any person of any other latent or patent defect, condition or risk that might
be incurred in entering upon the Landscaped AREA. Licensee acknowledges that neither
Licensor nor any employee, agent or representative of Licensor has made
representations or warranties concerning the condition of the Landscaped AREA. All
persons entering the Landscaped AREA under this License do so at their own risk.
Section 6. Permits and Approvals; Standard of Work.
Nothing herein shall be construed to give Licensee any approvals normally
required under Licensor's ordinances or local regulations, and Licensee, at its sole cost
and expense, shall obtain all permits and authorizations required in order to engage in
the Permitted Activities. Licensee shall comply, and shall cause its agents and
representatives to comply, with all laws, codes, rules, regulations and permits applicable
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to the Permitted Activities. All Permitted Activities shall be performed in accordance with
the highest standards and practices in the industry.
Section 7. Failure to Perform.
7.1. Notice of Violation; Licensee's Obligation to Cure.
7.1.1. Should Licensee violate any provision of this Agreement or fail to
perform under this Agreement in any way, Licensor shall provide Licensee with written
notice describing the violation or failure to perform ("Notice of Violation").
7.1.2. Upon receipt of a Notice of Violation, Licensee shall diligently work
to commence the cure of such violation within seven (7) days of effective notice (pursuant
to Section 10 hereof) of the Notice of Violation and shall diligently and in good faith
continue to cure such violation to completion. Lane closures and/or any work performed
outside of the Landscaped AREA but in the public right of way will require an
encroachment permit and traffic control measures as needed before performing said work
and may result in additional insurance limits being required at the sole discretion of the
Licensor from what is noted in Section 9 below. Work performed by Licensee within the
public right of way shall only be performed by appropriately licensed contractors. Licensee
will be responsible for 100% of the repair costs within the Landscaped AREA, including
any repair costs within public property, the public right of way, or adjacent private property
that are caused or created by any acts, omissions, and/or operations undertaken in or
about the Landscaped AREA by any Licensee Party (as defined below).
7.1.3. In the event of a violation that requires immediate attention to protect
and/or prevent a public health and safety concern, compliance with the Multiple Separate
Storm Sewer System (MS4) Permit, and/or damage to adjacent public or private property
or loss of life, Licensor will endeavor to notify Licensee by phone and email, as well as
pursuant to Section 10, and Licensee shall diligently work to commence the cure of such
violation within 24 hours of notification by Licensor and shall diligently and in good faith
continue to cure such violation to completion.
7.2. Licensor Performance; Remedy.
7.2.1. If Licensee fails to commence the cure of any violation within the
applicable time periods set forth in Sections 7.1.2 or 7.1.3, or, following the
commencement of any cure efforts, fails to diligently and in good faith continue to cure
such violation to completion per Section 7.1.2 or 7.1.3, then, at Licensee's sole expense,
Licensor may undertake to perform Licensee's obligations by providing at least seven (7)
days written notice to Licensee.
7.2.2. Upon completion of such work by Licensor, Licensor shall invoice
Licensee for the out-of-pocket costs incurred by Licensor to perform the obligations.
Licensee shall pay Licensor's invoice within thirty (30) days of issuance of such invoice,
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provided such invoice is submitted together with copies of receipts or other evidence
substantiating the costs incurred by Licensor.
7.2.3. If Licensee fails to pay Licensor's invoices per Section 7.2.2, then
Licensor shall have the right but not the obligation to record and enforce a lien or other
encumbrance against the Licensee Property to recover.
Section 8. Indemnification.
8.1. Indemnification of Licensor by Licensee. Licensee shall defend, indemnify
and hold Licensor, its officials, officers, employees, and agents (the "Indemnified Parties")
free and harmless from any and all liability from loss, damage, or injury to property or
persons, including wrongful death, in any manner to the extent arising out of or incident
to acts, omissions, and/or operations undertaken in or about the Landscaped AREA by
Licensee, its officials, officers, personnel, employees, invitees, licensees, guests,
contractors, and/or subcontractors (as well as Licensee's contractors' and/or
subcontractors' officials, officers, employees, and agents) (each, a "Licensee Party").
Further, Licensee shall defend at its own expense, including reasonable attorneys' fees,
the Indemnified Parties in any legal action to the extent such action arises from such acts,
omissions and/or operations.
8.2. Licensee's obligations under this Section 8 shall apply regardless of
whether or not Licensor has prepared, supplied, or approved any plans or for the uses
allowed by this License, and regardless of whether or not any insurance policies shall
have been determined to be applicable to any of such damages or claims for damages.
Licensor does not and shall not waive any rights against Licensee that Licensor may have
under the indemnification provision in this Section 8 because of Licensor's acceptance of
any security deposits or insurance policies.
8.3 Licensee agrees that Licensee's performance of the Permitted Activities on
or about the Licensor Property shall be at the sole and exclusive risk of the Licensee at
all times.
8.4. Survival. The indemnification provision in this Section 8 shall survive the
termination of this License.
Section 9. Insurance.
Prior to the commencement of any work pursuant to this contract, Licensee (if
performing work itself) or Licensee's contractors shall furnish to City satisfactory evidence
of an insurance policy written upon a form and by a company (which meets with the
approval of City) insuring City, its officers, agents, and employees against loss or liability
which may arise during the work or which may result from any of the work herein required
to be done, including all costs of defending any claim arising as result thereof. For the
avoidance of doubt, any obligation of "Licensee" set forth in Section 9 below may be
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performed or satisfied by any contractor of Licensee that performs any work contemplated
in this Agreement, provided the Licensee's contractor abide by all requirements set forth
in this agreement.
9.1. Commercial General Liability
9.1.1. The Licensee shall take out and maintain, during the performance of
all work under this Agreement, in amounts not less than specified
herein, Commercial General Liability Insurance, in a form and with
insurance companies rated A- VII or better by AM Best.
9.1.2. Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
9.1.2.1. Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
9.1.3. Commercial General Liability Insurance must include coverage for
the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits
f. Explosion, Collapse and Underground (UCX) exclusion deleted
g. Contractual Liability with respect to this Contract
h. Broad Form Property Damage
9.1.4. The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability except the ISO form contractual
language; (2) cross liability exclusion for claims or suits by one
insured against another; or (3) products/completed operations
liability.
9.1.5. The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or
endorsements providing the exact same coverage.
9.1.6. The general liability program may utilize either deductibles or provide
coverage excess of a self-insured retention, subject to reasonable
approval by the City, and provided that such deductibles shall not
apply to the City as an additional insured.
9.1. Automobile Liability
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9.1.1. To the extent Licensee has employees at any time during the term of
this Agreement, at all times during the performance of the work under
this Agreement, the Licensee shall maintain Automobile Liability
Insurance for bodily injury and property damage including coverage
for owned, non -owned and hired vehicles, in a form and with
insurance companies rated A- VII or better by AM Best.
9.1.2. Coverage for automobile liability insurance shall be at least as broad
as Insurance Services Office Form Number CA 00 01 covering
automobile liability (Coverage Symbol 1, any auto).
9.1.3. The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
9.1.4. Subject to reasonable approval by the City, the automobile liability
insurance policy may require deductibles (but not a self-insured
retention), provided that such deductibles shall not apply to the City
as an additional insured. Automobile liability limits shall be increased
at the sole discretion of the City when lane closures are required for
traffic control.
9.2. Workers' Compensation/Employer's Liability
9.2.1. Licensee certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to
be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and
he/she will comply with such provisions before commencing work
under this Agreement.
9.2.2. To the extent Licensee has employees at any time during the term of
this Agreement, at all times during the performance of the work under
this Agreement, the Licensee shall maintain full compensation
insurance for all persons employed directly by him/her to carry out
the work contemplated under this Agreement, all in accordance with
the "Workers' Compensation and Insurance Act," Division IV of the
Labor Code of the State of California and any acts amendatory
thereof, and Employer's Liability Coverage in amounts indicated
herein. Licensee shall require all subconsultants/subcontractors to
obtain and maintain, for the period required by this Agreement,
workers' compensation coverage of the same type and limits as
specified in this section.
9.3. Minimum Policy Limits Required
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9.3.1. The following insurance limits (which may be achieved through a
combination of general liability and umbrella insurance policies) are
required for the Agreement:
Commercial General Liability $2,000,000 per occurrence/ $3,000,000
aggregate for bodily injury, personal injury, and property damage.
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
Worker's Compensation Statutory Limit
9.3.2. Defense costs shall be payable in addition to the limits.
9.3.3. Requirements of specific coverage or limits contained in this section
are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any
insurance. Any available coverage shall be provided to the parties
required to be named as Additional Insured pursuant to this
Agreement.
9.4. Evidence Required
Prior to execution of the Agreement, the Licensee shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01
(or insurer's equivalent) signed by the insurer's representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements.
All evidence of insurance shall be signed by a properly authorized officer, agent,
or qualified representative of the insurer and shall certify the names of the insured,
any additional insureds, where appropriate, the type and amount of the insurance,
the location and operations to which the insurance applies, and the expiration date
of such insurance.
9.5. Policy Provisions Required
9.5.1. Licensee shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this Agreement,
except that the Licensee shall provide at least ten (10) days prior
written notice of cancellation of any such policy due to non-payment
of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Licensee shall deliver renewal
certificate(s) including the General Liability Additional Insured
Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
9.5.2. The Commercial General Liability Policy and Automobile Policy (if
applicable) shall contain a provision stating that Licensee's policy is
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primary insurance and that any insurance, self-insurance or other
coverage maintained by the City or any named insureds shall not be
called upon to contribute to any loss.
9.5.3. The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Licensee shall maintain such
coverage continuously until the later of (i) Licensee's sale or transfer
of the Licensee Property or (ii) the date that is three (3) years after
the initial installation of the Improvements. Licensee shall purchase
a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another
claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
9.5.4. Worker's compensation insurance coverages shall contain or be
endorsed to waiver of subrogation in favor of the City, its officials,
officers, employees, agents, or shall specifically allow Licensee or
others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Licensee
hereby waives its own right of recovery against City and shall require
similar written express waivers and insurance clauses from each of
its subconsultants/subcontractor.
9.5.5. The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with
respect to the limits of liability. Further the limits set forth herein shall
not be construed to relieve the Licensee from liability in excess of
such coverage, nor shall it limit the Licensee's indemnification
obligations to the City and shall not preclude the City from taking
such other actions available to the City under other provisions of the
Agreement or law.
9.6. Qualifying Insurers
9.6.1. All policies required shall be issued by acceptable insurance
companies, as reasonably determined by the City, which satisfy the
following minimum requirements:
Each such policy shall be from a company or companies with a
current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers
under applicable provisions of the California Insurance Code or any
federal law.
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9.7. Additional Insurance Provisions
9.7.1. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Licensee, and any approval of said
insurance by the City, is not intended to and shall not in any manner
limit or qualify the liabilities and obligations otherwise assumed by
the Licensee pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
9.7.2. If at any time during the life of the Agreement, any policy of insurance
required under this Agreement does not comply with these
specifications or is canceled and not replaced, City has the right but
not the duty to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by Licensee or City
will withhold amounts sufficient to pay premium from Licensee
payments. In the alternative, City may cancel this Agreement.
9.7.3. The City requires evidence that the Licensee and their
Subcontractors have insurance policies in effect throughout the
duration of the Project, and the City is named as an additional
insured.
9.7.4. Neither the City nor any of its officials, officers, employees, agents or
volunteers shall be personally responsible for any liability arising
under or by virtue of this Agreement.
9.8. Subcontractor Insurance Requirements.
Licensee shall not allow any subcontractors or subconsultants to commence work
on any subcontract until they have provided evidence satisfactory to the City that
they have secured all insurance required under this section. Policies of commercial
general liability insurance provided by such subcontractors or subconsultants shall
be endorsed to name the City as an additional insured using ISO form CG 20 38
04 13 or an endorsement providing the exact same coverage. If requested by
Licensee, City may approve different scopes or minimum limits of insurance for
particular subcontractors or subconsultants.
Said policy shall be in favor of Licensee or its contractors and of the City, its
officers, agents, and employees and shall be maintained in full force and effect
during the life of this Agreement, including extensions. Said policy shall state by
its terms and by an endorsement that it shall not be canceled until City shall have
had at least thirty (30) days' notice in writing of such cancellation.
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Section 10. Notices.
Any notices required to be given under this License shall be sent to the following
parties by either U.S. first-class mail postage prepaid or via email as follows and shall be
deemed effective three (3) business days after deposit into the U.S. mail or on the date
of email delivery so long as the sender does not receive a "bounced email" auto -reply:
To LICENSOR:
City of San Juan Capistrano
Attn: City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E-mail mmorrif antuancaj;�strgnp.®rg
Section 11. Entire Agreement.
To LICENSEE:
31791 Los Rios Street LLC
Attn: Dan Almquist, Manager
31791 Los Rios Street
San Juan Capistrano, CA 92675
E-mail: pan@frontierrei.com
This License sets forth the entire understanding of the parties with respect to the
subject matter hereof and supersedes all prior discussions, negotiations, understandings
or agreements relating thereto.
Section 12. No Oral Modification.
No alteration or variation of this License shall be valid or binding unless made in
writing and signed by the parties hereto.
Section 13. Successors and Assigns.
Licensee may not assign any of its rights under this License, either voluntarily or
by operation of law, without Licensor's prior written consent; any such assignment or
attempt thereof shall be null and void and of no effect. No assignment by Licensee shall
release Licensee from any liability under this License unless otherwise provided by written
agreement of the parties.
Section 14. Governing Law.
This License shall be construed in accordance with and governed by the laws of
the State of California.
Section 15. Authority.
Each signatory hereto warrants to the other party its authority to sign on behalf of
the party for whom it purports to sign. This License may be executed in counterparts and
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when fully executed all such counterparts together shall be deemed to be one and the
same instrument.
[Signatures on following page]
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61147.00310\34906192.1
IN WITNESS WHEREOF, the parties have executed this License Agreement as of the
date above first written.
Attest:
Maria Morris, City Clerk
Approved as to Legal Form:
BEST BEST & KRIEGER LLP
Jeffrey S. Ballinger, City Attorney
LICENSOR:
CITY OF SAN JUAN CAPISTRANO
a California municipal corporation
Benjamin Siegel, City Manager
LICENSEE:
31791 LOS RIOS STREET LLC
a California limited liability company
Dan M. Almquist, Manager
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61147.00310\34906192.1
IN WITNESS WHEREOF, the parties have executed this License Agreement as of the
date above first written,
LICENSOR:
CITY OF SAN JUAN CAPISTRANO
Attest: a California municipal corp ration
o ;y
Maria Morris, City Clerk enja in S' g it anager
Approved as to Legal Form:
BEST BEST & KRIEGER LLP
LICENSEE:
31791 LOS RIOS STREET LLC
a California limited liability company
J rS.Ball-tiger, City Attorney Dan M. Almquist, Manager
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61147.00310\34906192.1
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On November 17, 2022, before me, Maria Morris, City Clerk, personally appeared
Ben Siegel, City Manager and Jeffrey Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity
(ies), and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
y hard and official seal.
Maria Morris, Ci y Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
City Manager
Ci Attorney License Agreement
City y 31791 Los Rios Street LLC
Title
Signer is Representing
City of San Juan Capistrano
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF Dq� - )
Ont , 2022, before me, Mc.am
a Notary Public, personally appeared cs_, —,\"-c ,who proved to me on
`�x� N--\
the basis of satisfactory evidence to be the person( -whose name(,�O, is/ale h6scribed to the within instrument and
acknowledged to me that he/sob/they executed the same in his/l)6r/tlj4ir authorized capacity(io), and that by
his/44/th,64r signature(4) on the instrument the person(so, or the entity upon behalf of which the person(s� acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature`��
61147.00310\34906192.1
yFy,„ o,Ns MARY W. CARNES
Notary Public - California z
x g Los Angeles County
Commission # 2267227
My Comm. Expires Dec f 3, 2022
(SEAL)
Exhibit "A"
Licensor Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
APN: 649-191-04:
MITI] aIm
THAT PORTION OF LOT 11 IN BLOCK 2 AND OF LOT 3 IN BLOCK 3 OF THE TOWNSITE OF SAN JUAN
CAPISTRANO, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 120 TO 125 INCLUSIVE OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS THE EXTERIOR
BOUNDARIES OF THE NAME ARE SHOWN ON A MAP FILED IN BOOK 8, PAGES 31 TO 38 INCLUSIVE
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, AND IN THAT PORTION OF RIVER STREET (NOW KNOWN AS ALIPAZ STREET)
ADJOINING SAID LOTS 11 AND 3, AS VACATED AND ABANDONED BY ORDER OF THE BOARD OF
SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, DATED MAY 11, 1948, A CERTIFIED COPY OF
WHICH WAS RECORDED MAY 15, 1948 IN BOOK 1637, PAGE 220 OFFICIAL RECORDS AND RE-
RECORDED MAY 21, 1948 IN BOOK 1640, PAGE 545 OFFICIAL RECORDS, INCLUDED WITHIN THE
FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT NORTH 7 DEGREES 2628" WEST, 40.00 FEET FROM A POINT ON THE
CENTER LINE OF DEL OBISPO STREET AS DESCRIBED IN THE DEED TO THE COUNTY OF
ORANGE RECORDED DECEMBER 9, 1943 IN BOOK 1224, PAGE 177 OFFICIAL RECORDS, DISTANT
THEREON NORTH 82 DEGREES 34' 32" EAST, 349.22 FEET FROM THE INTERSECTION OF SAID
CENTER LINE WITH THE CENTER LINE OF ALIPAZ STREET; THENCE FROM SAID POINT OF
BEGINNING NORTH 33 DEGREES 59'22" WEST, 55.90 FEET; THENCE NORTH 7 DEGREES 25,281,
WEST, 352.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND
HAVING A RADIUS OF 1585.00 FEET; THENCE NORTHERLY 538.90 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19 DEGREES 28' 50"; THENCE TANGENT TO SAID CURVE
NORTH 26 DEGREES 54'18" WEST, 410.75 FEET TO THE SOUTHERLY LINE OF LOT 51 OF TRACT
NO. 103, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGES 29 TO 33 OF MISCELLANEOUS MAPS
RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 84 DEGREES 08,31" EAST, 20.00
FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTH 26 DEGREES 41'35" EAST, 504.76 FEET TO
THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
1605.00 FEET; A RADIAL TO SAID POINT BEARS NORTH 66 DEGREES 42' 35" EAST; THENCE
SOUTHERLY 343.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 15-
04" THENCE SOUTH 6 DEGREES 19'19" EAST, 353.78 FEET, THENCE SOUTH 8 DEGREES 24,501,
EAST, 97.26 FEET; THENCE SOUTH 30 DEGREES 21'25" EAST, 57.28 FEET TO THE NORTHERLY
LINE OF SAID DEL OBISPO STREET, THENCE SOUTH 82 DEGREES 34'32" WEST, 9.00 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 11 IN BLOCK 2, AND OF LOT 3 IN BLOCK 3 OF THE TOWN OF SAN JUAN
CAPISTRANO, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 120 TO 125 INCLUSIVE OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS THE EXTERIOR
BOUNDARIES OF THE SAME ARE SHOWN ON A MAP FILED IN BOOK 2, PAGES 31 TO 38 INCLUSIVE
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, AND THAT PORTION OF RIVER STREET (NOW KNOWN AS ALIPAZ STREET)
ADJOINING SAID LOTS 11 AND 3, AS VACATED AND ABANDONED BY ORDER OF THE BOARD OF
SUPERVISORS OF ORANGE COUNTY, CALIFORNIA DATED MAY 11, 1948, A CERTIFIED COPY OF
WHICH WAS RECORDED MAY 15, 1948 IN BOOK 1637, PAGE 220 OFFICIAL RECORDS, AND RE -
61147.00310\34906192.1
RECORDED MAY 21, 1948 IN BOOK 1640, PAGE 545 OFFICIAL RECORDS, THAT LIES EASTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 51 OF TRACT NO. 103, AS SHOWN ON
A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DISTANT NORTH 84 DEGREES 08'31" EAST, 50.00 FEET FROM
THE SOUTHWEST CORNER OF SAID LOT 51; THENCE SOUTH 26 DEGREES 41'35" EAST, 504.76
FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY AND HAVING A
RADIUS OF 1603.00 FEET; A RADIAL TO SAID POINT BEARS NORTH 66 DEGREES 42' 35" EAST;
THENCE SOUTHERLY 343.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12
DEGREES 15' 04"; THENCE SOUTH 6 DEGREES 19' 19" EAST, 353.78 FEET; THENCE SOUTH
8 DEGREES 24' 50" EAST, 97.26 FEET; THENCE SOUTH 30 DEGREES 21'25" EAST, 57.28
FEET TO THE NORTHERLY LINE OF DEL OBISPO STREET, THENCE SOUTH 82 DEGREES 34,321,
WEST, 9.00 FEET ALONG SAID NORTHERLY LINE TO A POINT NORTH 7 DEGREES 25' 28 WEST,
40.00 FEET FROM A POINT ON THE CENTER LINE OF DEL OBISPO STREET AS DESCRIBED IN THE
DEED TO THE COUNTY OF ORANGE RECORDED DECEMBER 9, 1943 IN BOOK 1224, PAGE 177
OFFICIAL RECORDS; DISTANT THEREIN NORTH 82 DEGREES 34'32" EAST, 349.22 FEET FROM
THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF ALIPAZSTREET.
EXCEPT THEREFROM THAT PORTION CONVEYED TO CITY OF SAN JUAN CAPISTRANO, A
MUNICIPAL CORPORATION BY DOCUMENT RECORDED MARCH 23, 1999 AS INSTRUMENT NO.
19990212358 OFFICIAL RECORDS.
APN: 121-160-21
THAT PORTION OF BLOCK 2, AS SHOWN ON THE MAP OF SAN JUAN CAPISTRANO, IN THE CITY
OF SAN JUAN CAPISTRANO, RECORDED IN BOOK 3, PAGES 120 TO 125 INCLUSIVE OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. TOGETHER WITH A
PORTION OF LOT 55 OF TRACT 103, AS SAID LOT IS SHOWN ON THE MAP OF SAID TRACT
RECORDED IN BOOK 11, PAGES 29 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, CALIFORNIA LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 52 OF SAID TRACT 103, AND RUNNING
THENCE NORTH 850 42' EAST ALONG THE SOUTHERLY LINE OF SAID LOT, 526.40 FEET TO THE
NORTHWEST CORNER OF LOT 53 OF SAID TRACT; THENCE SOUTH 16° 10' EAST ALONG THE
WESTERLY LINE OF LOTS 53, 54 AND 55 OF SAID TRACT, 497.45 FEET TO A POINT THAT IS
DISTANT THEREON 30 FEET NORTHERLY FROM THE SOUTHWEST CORNER OF SAID LOT 55;
THENCE SOUTHEASTERLY TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 55 WHICH IS
DISTANT THEREON 30 FEET NORTHEASTERLY FROM THE SOUTHWEST CORNER OF SAID LOT;
THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 53° 32' WEST 30 FEET TO SAID SOUTHWEST
CORNER; THENCE SOUTH 78° 45' WEST 245.23 FEET TO A POINT IN THE NORTH LINE OF LOT 11
IN BLOCK 2, AS SHOWN ON SAID MAP OF SAN JUAN CAPISTRANO; THENCE IN A STRAIGHT LINE,
NORTH 390 58' WEST 671.86 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE NORTHEASTERLY LINE OF
THE LAND DESCRIBED IN PARCEL L2-104 OF THAT CERTAIN FINAL DECREE OF CONDEMNATION,
A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 20, 1963 IN BOOK 6474, PAGE 253
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF SAN JUAN
CAPISTRANO AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED JUNE
23, 1998 AS INSTRUMENT NO. 19980395264 OFFICIAL RECORDS.
61147.00310\34906192.1
Landscaped AREA Legal Description and Map
Prepared by IMEG Corp dated March 21, 2022
Behind this sheet
2 Pages
61147.00310\34906192.1
JN 22000857.00
IMEG CORP.
901 Via Piemonte, Suite 400
Ontario, California 91764
Exhibit "B"
Landscape Maintenance Area Legal Description
Page 1 of 1
March 21, 2022
That certain real property in the City of San Juan Capistrano, County of Orange, State of California, being
that portion of Lot 55 of Tract No. 103, as shown on a map thereof recorded in Book 11, Pages 29 through
33, inclusive, of Miscellaneous Maps, together with that portion of River Street vacated and abandoned by
order of the Board of Supervisors of said County of Orange dated May 11, 1948, a certified copy of which
was recorded May 15, 1948 in Book 1637, Page 220 of Official Records and re-recorded May 21, 1948 in
Book 1640, Page 545 of Official Records, all in the Office of the County Recorder of said Orange County,
and also together with that portion of Lot 6 in Block 2 of the Townsite of San Juan Capistrano, as shown of a
map thereof recorded in Book 3, Pages 120 through 125, inclusive, of Miscellaneous Records of Los Angeles
County, California, described as follows:
Beginning at the northwest corner of said Lot 55; thence along the southwesterly prolongation of the
northwesterly line of said Lot 55, South 57°55"44" West 18.28 feet; thence South 20°33'36" East 29.79 feet;
thence South 14°47'49" East 57.16 feet to a point on a non -tangent curve concave northeasterly and having a
radius of 44.00 feet, a radial line of said curve from said point bears North 65°27'29" East; thence along said
curve southeasterly 11.31 feet through a central angle of 14°43'29" to a point of compound curvature with a
curve concave northeasterly and having a radius of 15.00 feet, a radial line of said curves from said point
bears North 50°44'00" East; thence along said curve southeasterly, easterly and northeasterly 16.91 feet
through a central angle of 64°35'49" to a point of compound curvature with a curve concave northwesterly
and having a radius of 95.00 feet, a radial line of said curves from said point bears North 13°51'49" West;
thence along said curve northeasterly 22.42 feet through a central angle of 1331'29"; thence non -tangent
from said curve, South 27'05'12" West 4.50 feet to a point on a non -tangent curve concave northwesterly
and having a radius of 99.50 feet, a radial line of said curve from said point bears North 27°22'29" West;
thence along said curve northeasterly 8.51 feet through a centra angle of 04054'09'; thence tangent from said
curve, North 57°43'22" East 4.40 feet to the southeasterly prolongation of the northeasterly line of the land
described in the deed to Ruth Stewart recorded July 12, 1930 in book 404, Page 39 of Official Records, in the
Office of the County Recorder of said Orange County; thence along said southeasterly prolongation and said
northeasterly line, North 71°14'04" West 43.31 feet to the westerly line of said Lot 55; thence along said
westerly line, North 15°59'37" West 86.46 feet to the Point of Beginning.
Containing: 2,149 square feet.
Subject to all covenants, rights, rights-of-way and easements of record.
See Exhibit "B" attached hereto and by this reference made a part hereof.
LAN(}
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PHER `A
Christopher . DanP.L.SS. 6 ELS
* k No. 6328 /
ST`S o�,/xv-
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LINE TABLE
LINE
BEARING
LENGTH
L1
S57'55'44"W
18.28'
L2
S20'33'36"E
29.79'
L3
S27'05'1 2"E
4.50'
L4
N57'43'22"E
4.40'
L5
N71' 14'04"W
1 43.31'
CURVE TABLE
CURVE
DELTA RADIUS
LENGTH
Cl
14'43'29" 44.00'
11.31'
C2
64'35'49" 15.00'
16.91'
C3
13'31'29" 95.00'
22.42'
C4
04'54'09" 99.50'
8.51'
LOT 55 of
TRACT NO. 103
M.M. 11/29-33
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✓ G3 GA � � ca° �
NOTES:
r,�
0"S zoaa,
�A INDICATES LAND DESCRIBED IN THE
DEED TO RUTH STEWART RECORDED
"` o
JULY 12, 1930 IN BOOK 404, PAGE
��
LOT 56
39 OF OFFICIAL RECORDS.
`
/
TRACT N0. 103
�B INDICATES PORTION OF RIVER STREET
VACATED AND ABANDONED PER
\
y \/
M. M. 11 /29-33
a
DOCUMENT RECORDED MAY 15, 1948
IN BOOK 1637, PAGE 220 AND
RE-RECORDED MAY 21, 1948 IN BOOK
1640, PAGE 545, BOTH OF OFFICIAL
RECORDS.
.. EXHIBIT 'B"
IME
iLANDSCAPE MAINTENANCE AREA MAP I%o
901 Via Piemonte, Suite 400,Ontario, CA 91764
909.477,6915 Fax: 909.477.6916 imegcorp.com JN: 22000857.00 03/21/2022 PAGE 1 OF 1