22-0526_SAN JUAN PROMENADE PARTNERS LLC_Letter AgreementORIGINAL
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
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TROY BOURNE SERGIO FARIAS
HOWARD HART
DEREK REEVE JOHN TAYLOR
May 16, 2022
San Juan Promenade Partners LLC
Los Swallows Inn Partnership
PO Box 9
San Juan Capistrano, CA 92693
Attn: Gilbert A. Aguirre
Re: Letter Agreement Authorizing Hourly Paid Public Parking at Mission
Promenade/Swallows Inn Parking Lots
Dear Mr. Aguirre:
PARTIES: This letter shall constitute the agreement ("Letter Agreement") between the City of San
Juan Capistrano, a California municipal corporation, (the "City"), San Juan Promenade Partners
LLC, a California limited liability company ("SJPP"), and Los Swallows Inn Partnership, a California
general partnership ("LSIP"), regarding the use of the Mission Promenade/Swallows Inn parking lot
areas located off El Camino Real for hourly paid public parking implemented and operated by the
City. City, SJPP and LSIP may each be individually referred to herein as a "Party" and collectively
as the "Parties"; SJPP and LSIP may be referred to herein collectively as the "Owners".
The City and SJPP (as successor-in-interest to San Juan Partners) are parties to that certain Grant
of Easement recorded on March 25, 1996 as Instrument No. 19960143922 in the Official Records
of Orange County, California (the "SJPP Easement"), which instrument concerns the real property
commonly identified as APN 124-160-22 (the "SJPP Property") and governs public parking upon
those portions of the SJPP Property improved and used for vehicular parking (the "Mission
Promenade Parking Area"). Moreover, the City (as successor-in-interest to the former San Juan
Capistrano Community Development Agency) and LSIP (as successor-in-interest to Stephen
Nordeck) are parties to that certain Grant of Easement for Public Parking recorded on April 1, 1993
as Instrument No. 93-0214246 in the Official Records of Orange County, California (the "LSIP
Easement"), which instrument concerns the real property commonly identified as APN 124-160-21
(the "LSIP Property") and governs public parking upon those portions of the LSIP Property
improved and used for vehicular parking (the "Swallows Inn Parking Area"). The SJPP Easement
and the LSIP Easement are sometimes hereafter collectively referred to as the "Easement
Agreements"; the SJPP Property and the LSIP Property are sometimes hereafter collectively
referred to as the "Owner Parcels"); and the Mission Promenade Parking Area and the Swallows
Inn Parking Area are sometimes hereafter collectively referred to as the "Parking Areas."
PERMITTED SCOPE OF USE: Pursuant to the Easement Agreements, and subject to the terms and
conditions set forth therein, the City has a perpetual easement in, on, over, under, through and
about the Parking Areas for ingress and egress of pedestrian and vehicular traffic and vehicular