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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 Page 1 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. Page 2 61147.00310\34906192.1 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 Page 3 61147.003 1 0\34906192.1 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, Page 4 61147.00310\34906192.1 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 Page 5 61147.00310\34906192.1 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 Page 6 61147.00310\34906192.1 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 Page 7 61147.00310\34906192.1 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 Page 8 61147.00310\34906192.1 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. Page 9 61147.00310\34906192.1 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. Page 10 61147.00310\34906192.1 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 Page 11 61147.00310\34906192.1 when fully executed all such counterparts together shall be deemed to be one and the same instrument. [Signatures on following page] Page 12 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 Page 13 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 Page 13 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(} rr?r/ GS PHER `A Christopher . DanP.L.SS. 6 ELS * k No. 6328 / ST`S o�,/xv- tANB z cr d CHRISTOPHER w AN \ o. 6328 v7 1 � CO IS>, OF W -W r*� `l LOT 6 �-\�� BLOCK 2°� L M. R. L.A. CO. c, 3/120-125 ` ftRA�)] PCC _-- o ��•�/ 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 f / / A o , ✓ 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