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23-0815_26874 ORTEGA HWY LLC_License Agreement (Open Space Area)RECORDING 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 §§6103 & 27383) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II III III !II IIIAIIIAIIIAIIIAVIIIVIIIVIIIVIIIIIIIIIIIIIIII NO FEE *$ R 0 0? 4 5 2 7 7 3 2$* 2023000208228 9:33 am 08128123 90 CR-SC06 Al2 24 0.00 0.00 0.00 0.00 69.00 0.00 0.000.000.00 0.00 APN: 124-160-27 Space Above Line for Recorder's Use Only LICENSE AGREEMENT FOR _ CERTAIN PERMITTED ACTIVITIES I I ON PUBLIC PROPERTY (Open Space Area) n G THIS LICENSE AGREEMENT (this "Agreement') is made and entered into this j5 day of &) 2023 (the "Effective Date"), by and between the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("Licensor" or "City"), and 26874 ORTEGA HIGHWAY LLC, a California limited liability company ("Licensee"). RECITALS A. Licensor is the owner of the property commonly known as 31782 EI Camino Real and more particularly described in Exhibit "A" attached hereto and depicted on Exhibit "B" attached hereto (the "Licensor Property"). The Licensor Property is also referred to in this Agreement as the "Open Space Area"; and, B. Licensee is the owner of that certain property more particularly described on Exhibit "C" attached hereto, consisting of the parcels identified as 26874 Old Mission Road (formerly known as Ortega Highway) and 31776 EI Camino Real (collectively, the "Licensee Property"). Licensee has secured Architectural Control (AC) 22-04, and EI Camino Specific Plan (SP) 22-01 (together and including any future related entitlements, the "Entitlements") to construct a new commercial project consisting of two 2 -story buildings with approximately 27,457 square feet of retail, restaurant, and office uses, and associated improvements (together, the "Commercial Structures") and a 4 -story parking structure with a 2,607 square foot retail space and associated improvements (together, the "Parking Structure") on the Licensee Property; and, C. The Building Code requires Licensee to maintain an unobstructed Open Space Area; and, D. Licensee desires a license from Licensor to reserve, keep and maintain the Page 1 Open Space Area free of any vertical improvements for the purpose of satisfying the yard setback requirement for the Parking Structure (the "Open Space License") as required by the Entitlements, all as further described in Section 3 below; and, E. Licensor desires to grant the Open Space License to Licensee for the Open Space Area. NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties herein contained, the parties enter into this Agreement. Section 1. Grant of License. The foregoing Recitals are incorporated herein and made a part of this Agreement. In consideration for the performance of Licensee's obligations under this Agreement, Licensor hereby grants to Licensee the Open Space License to the Open Space Area, which shall be irrevocable, subject to the conditions set forth in this Agreement. The Open Space License is intended to be permanent but shall not be deemed to create an easement, lease, or other property interest in the Open Space Area. The Open Space Area shall remain free of any building, structure, or appurtenance for which a building permit would be required under the California Building Code in order to maintain required fire separation and set -back distances as applicable for the type of construction. The Open Space Area is located on City -owned land occupied by the Blas Aguilar Adobe and is utilized by the Blas Aguilar Adobe Foundation under a Memorandum of Understanding (MOU). The use of the Open Space Area shall not interfere with the regular use of the property by the Foundation for the purposes allowed for in the MOU. In consideration for the Open Space License, Licensee shall be solely responsible for the maintenance, repair, and upkeep of the Open Space Area at the sole cost and expense of the Licensee in lieu of any fee payable by Licensee to Licensor. Section 2. Term of License: Covenant that Runs with the Land. This Agreement shall take effect upon the Effective Date and shall be recorded in the Official Records of Orange County. This Agreement shall continue in effect until both parties mutually terminate this Agreement in writing and any lenderwith a security interest in or encumbrance upon the Licensee Property (hereinafter "Lender" or "Licensee's Lender") joins in such termination. If this Agreement is terminated by the mutual written agreement of the parties and Lender as required hereunder as to the Open Space License for the Open Space Area, then Licensee shall have no further right to use the Open Space Area or any obligations with respect thereto and shall take all actions necessary to turn over to Licensor all right and title to any improvements Licensee may have placed upon the Open Space Area. All rights, benefits, licenses, and privileges of every character hereby granted, created, reserved, or declared, and all impositions and obligations hereby imposed, are intended to be appurtenant to the Licensee Property as the dominant tenement against the Licensor Property as the servient tenement, shall be deemed and taken to be Page 2 covenants running with the land and equitable servitudes, and shall be binding upon and shall inure to the benefit of any fee owner, grantee, purchaser, or any person or entity having at any time any interest or estate in the Licensee Property and the Licensor Property as though the provisions of this Agreement were recited and stipulated at length in each and every deed of conveyance, purchase contract or other instrument of transfer, and shall inure to the benefit of each such owner, grantee, purchaser, occupant, mortgagee, or other person or entity having at any time any interest or estate in any of the Licensee Property and the Licensor Property. Notwithstanding anything to the contrary in this Agreement, if the Parking Structure has not been constructed by January 1, 2028 (subject to extension for any Excusable Delay as defined below) (the "Completion Deadline"), or if the Parking Structure is demolished or destroyed and Licensee does not construct a replacement Parking Structure within three (3) years (subject to extension for any Excusable Delay as defined below) (the "Reconstruction Deadline"), then Licensor shall have the right to terminate the Open Space License with no further action required. Except with respect to payment of any sum payable by Licensee to Licensor hereunder, which shall not be excused or delayed, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, unavailability of financing on commercially reasonable terms, governmental restrictions, governmental regulations, governmental controls, governmental delays, enemy or hostile governmental action, civil commotion, fire or other casualty, natural disaster and other causes beyond the reasonable control of the party obligated to perform any term, covenant or condition of this Agreement (each an "Excusable Delay"), shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage. For avoidance of doubt, general market conditions shall not constitute an Excusable Delay hereunder. Licensor reserves the right, at its discretion, to undertake the construction of a sidewalk along the westerly 5.00 feet of the Open Space License Area Property at any time during the Term of this Agreement. Licensor, or an authorized party, all times, may enter upon the Licensor Property to construct a sidewalk or make repairs, replacements, installations, or alterations in connection with any constructed sidewalk that, in the opinion of Licensor, may be necessary or advisable. Section 3. Permitted Activities. Licensee is authorized to use the Open Space Area pursuant to the Open Space License for any use consistent therewith. Licensor shall not use the Open Space Area for any purpose that is inconsistent or conflicts with the Open Space License. Licensor shall not grant any right to any person that is inconsistent or conflicts with the Open Space License. Licensee is responsible to ensure that any maintenance activities by or on behalf of Licensee 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 Page 3 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 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 Open Space 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 Open Space License of the Open Space Area. Section 5. No DutV to Warn. Licensor has no duty to inspect the Open Space 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 Open Space Area. Licensee acknowledges that neither Licensor nor any employee, agent or representative of Licensor has made representations or warranties concerning the condition of the Open Space Area. All persons entering the Open Space Area under this Agreement and the Open Space 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 for the Commercial Structures and the Parking Structure. Licensee shall comply and shall cause its agents and representatives to comply, with all laws, codes, rules, regulations, and permits applicable to the Open Space Area. 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 Open Space Area but in the public right of way will require an encroachment Page 4 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 Open Space 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 Open Space 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 per Section 7.1.2 or 24 hours per Section 7.1.3. 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, 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 within the thirty (30) day time period specified in Section 7.2.2, then Licensor may record in the Official Records of the Orange County Recorder a notice of claim of lien including the name of Licensee, a legal description of the Licensee Property and a verified statement of the unpaid amount of costs incurred by Licensor, which shall accrue interest at the rate of ten percent (10%) per annum until paid. The claim of lien evidenced by such notice of claim of lien shall be effective upon recordation and shall constitute a lien with power of sale in favor of Licensor that may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction with the costs of such suit or action incurred by Licensor including reasonable attorneys' fees and costs to also be secured by such lien. In no event shall any foreclosure of such claim of lien defeat, limit, impair, restrict or otherwise affect the rights of any Lender with a lien or security interest in Licensee Property whether by way of a deed of trust or mortgage recorded prior to the notice of claim of lien. The priority of such claim of lien shall date from the date of recording the notice of claim of lien and shall in Page 5 all events be subordinate to the lien priority of any Lender with a lien or security interest in Licensee Property whether by way of a deed of trust or mortgage recorded prior to the notice of claim of lien. Upon any foreclosure or deed in lieu of foreclosure by such Lender, such claim of lien in favor of Licensor shall be extinguished but the personal obligation of Licensee to pay the amounts that were secured by the lien shall continue in full force and effect. The Lender or other party that acquires title by foreclosure or by a deed in lieu of foreclosure shall not be obligated to cure any breach of this Agreement that is of a type that is not commercially reasonable or feasible to cure. The Lender or other party that succeeds to title to the Licensee Property shall be obligated to pay amounts that are incurred by Licensor during the time that the Lender or other party holds title to the Licensee Property and the Licensee Property shall be subject to the filing of a notice of claim of lien in favor of Licensor to secure such amounts that remain unpaid after the thirty (30) day time period specified in Section 7.2.2. 7.2.4 Licensor's remedies for any breach or violation of this Agreement by Licensee shall include specific performance, the recovery of damages and the other remedies specified in this Agreement, including without limitation the right to cure at the expense of Licensee with a claim of lien against the Licensee Property to secure recovery of the costs expended as provided in Section 7.2.3 above; provided, however, except as expressly provided in Section 2 above with respect to the Completion Deadline and the Reconstruction Deadline, Licensor shall in no event have the right to terminate the Open Space License and/or this Agreement by reason of a breach or violation of this Agreement by Licensee. No breach or violation of this Agreement by Licensee shall defeat or render invalid the lien of any Lender pursuant to a deed of trust or mortgage. Section 8. Indemnification. 8.1. Indemnification of Licensor by Licensee. Licensee shall defend, indemnify and hold Licensor, its officials, officers, employees, volunteers, 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 (collectively, "Liabilities"), in any manner to the extent arising out of or incident to acts, omissions, and/or operations undertaken in or about the Open Space 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"). The Blas Aguilar Adobe Foundation its officials, officers, personnel, employees, invitees, licensees, guests, contractors, and/or subcontractors shall not be deemed to be Licensee Parties. 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. Notwithstanding the foregoing, Licensee shall not be required to indemnify any of the Indemnified Parties for Liabilities caused (i) by the intentional or reckless misconduct or sole negligence of any of the Indemnified Parties, or (ii) by Licensor's failure to comply with the terms and conditions of this Agreement. Page 6 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 Agreement and/or the Open Space 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. 8.4. Survival. The indemnification provision in this Section 8 shall survive the termination of this Agreement and/or the Open Space License. Section 9. Insurance. Prior to the commencement of this Agreement, Licensee 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 officials, officers, agents, employees, and volunteers against loss or liability which may arise pursuant to this Agreement, including all costs of defending any claim arising as result thereof. Licensee's contractors, prior to commencement of any work pursuant to this Agreement, shall furnish to City satisfactory evidence of insurance policies written upon a form and by a company (which meets the approval of City) insuring City, its officials, officers, agents, employees, and volunteers against loss or liability which may arise in any way from the work, including all costs of defending any claim arising as result thereof. 9.1. Commercial General Liability 9.1.1. 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 that Apply per Project f. Explosion, Collapse and Underground (UCX) exclusion deleted Page 7 g. Contractual Liability with respect to this Contract h. Broad Form Property Damage i. Independent Licensee /Consultants Coverage 9.1.4. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. 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. 9.2. Automobile Liability 9.2.1. At all times during the performance of the work under this Agreement, 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. 9.2.2. 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). 9.2.3. The policy shall give the City, its officials, officers, employees, agents and City designated volunteers additional insured status. 9.2.4. 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. 9.3. Workers' Compensation/Employer's Liability 9.3.1. Licensee certifies that it 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 it will comply with such provisions before commencing work under this Agreement. 9.3.2. 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, 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. 9.4. Minimum Policy Limits Required 9.4.1. The following insurance limits are required for the Agreement: Commercial General Liability: $2,000,000 per occurrence/ $4,000,000 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 9.4.2. Defense costs shall be payable in addition to the limits 9.4.3. 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. 9.5. Evidence Required Prior to recordation of this Agreement, 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. Page 9 9.6. Policy Provisions Required 9.6.1. Licensee shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that 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, 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. 9.6.2. The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Licensee's policy is 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. 9.6.3. 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 for a period of at least three years after the completion of the work under this Agreement. 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. 9.6.4. 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. 9.6.5. 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 Licensee from liability in excess of such coverage, nor shall it limit 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 this Agreement or law. 9.7. Qualifying Insurers Page 10 9.7.1. 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. 9.8. Additional Insurance Provisions 9.8.1. 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 Licensee pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 9.8.2. If at any time during the life of this 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. 9.8.3. The City requires evidence that Licensee and their Subcontractors have insurance policies in effect throughout the duration of the Project, and the City is named as an additional insured. 9.8.4. 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. 9.9. 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. Page 11 Said policy shall be in favor of Licensee or its contractors and of the City, its officials, officers, agents, volunteers, 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. 10. Liability of Licensee: Licensee hereby agrees to defend, indemnify and hold the City, its elected and appointed officials, officers, employees, volunteers, and agents harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, including liability arising out of sudden, accidental, and gradual pollution events first occurring after the date of this Agreement as a result of the use of the Open Space Area by Licensee, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, to the extent the same may be caused directly or indirectly by Licensee, Licensee's agents, employees, contractors, and subcontractors, while engaged in the performance of said work. Notwithstanding the foregoing, Licensee's indemnification obligations hereunder shall expressly not apply to: (i) any such claims, demands, costs, loss, damage and liability caused (i) by the intentional or reckless misconduct or sole negligence of any of the Indemnified Parties, or (ii) by Licensor's failure to comply with the terms and conditions of this Agreement. Licensee agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of Licensee at all times prior to final acceptance by the City of the completed Works of Improvement thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Licensee's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. Section 11. Notices. Any notices required to be given under this Agreement 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: To LICENSEE.- City ICENSEE:City of San Juan Capistrano 26874 Ortega Highway LLC Attn: City Clerk's Office Attn: Dan Almquist, Manager 32400 Paseo Adelanto 31791 Los Rios Street Page 12 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 E-mail: mmorris(ab-sanivancaaistrano.org E-mail: Dan(a)almguist.com If Licensee provides Licensor with the name and address of Licensee's Lender, then Licensor covenants and agrees to concurrently provide such Lender with a copy of any notice given to Licensee. Licensee's Lender shall have the right to cure any default by Licensee but shall in no event be obligated to do so. In the event any Lender elects to cure a Licensee default hereunder, such Lender shall be given the same cure rights as afforded to Licensee from and after Licensor delivers a written notice of default to such Lender in order to cure the applicable default. Section 12. Entire Agreement. This Agreement 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 13. No Oral Modification. No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto. Section 14. Successors and Assigns. The rights and obligations of Licensee under this Agreement shall be binding upon and inure to the benefit of the successor owners of the Licensee Property, including by way of example and not by limitation any Lender that takes title to the Licensee Property through foreclosure or deed in lieu of foreclosure or any third -party purchaser at a foreclosure. Licensee may grant a security interest in its rights under this Agreement and to the Open Space License to any Lender that provides financing for the Parking Structure, the Commercial Structures and/or the Licensee Property. This Agreement and the Open Space License shall in no event be transferable separately from the Licensee Property. Licensee and any successor owner of the Licensee Property shall be liable for all obligations of such party under this Agreement arising during the period such party owned the Licensee Property, and no transfer or conveyance of the Licensee Property shall release such party from its liability for such obligations; provided, however, such party shall have no liability for matters arising after it ceases to own the Licensee Property. Section 15. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Section 16. Authority. Page 13 Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom it purports to sign. This Agreement may be executed in counterparts and when fully executed all such counterparts together shall be deemed to be one and the same instrument. Section 17. Estoppel Certificates. Each party shall, upon written request from any other party or a Lender, which request shall quote this Section, execute to the requesting party a written statement in reasonable form as may be proposed by the requesting party (an "Estoppel Certificate") certifying (i) whether or not this Agreement is modified and whether or not this Agreement is in full force and effect (or, if there have been modifications, stating those modifications), (ii) whether or not, to its actual knowledge, the requesting party has failed to perform an obligation under this Agreement, and if so, the nature of the failure, and (iii) such other matters as may be reasonably requested by the requesting party or Lender. No party shall be obligated to respond to a request to execute an Estoppel Certificate that attempts to modify any of the terms or conditions of this Agreement. An Estoppel Certificate executed by a party may be relied upon by the other party(ies) or any transferee or Lender of a party to which such Estoppel Certificate is addressed so as to estop the party executing the Estoppel Certificate from asserting the contrary. [Signatures on following page] Page 14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. Approved as to Legal Form: BEST BEST & KRIEGER LLP �'rALISHA WINTERSWYK ASSISTANT CITY ATTORNEY LICENSOR: CITY OF SAN JUAN CAPISTRANO a California municipal corporation '--ja <��-j e tam S,p, Ci Manager LICENSEE: 26874 ORTEGA HIGHWAY LLC, a California limited liability company By:—V----)_/L v �� Dan M. Almquist, Manager Page 15 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 ORANGE On u8 , 2023, before me,;� a Notary Public, personally appeared C3.� �,,k s* , who proved to me on the basis of satisfactory evidence to be the person(» whose name( is ap�so scribed to the within instrument and acknowledged to me that he/s)!e/tb4y executed the same in his/hl4✓tltdir authorized capacity(iO4 and that by his/tpdr/tIO signature(4 on the instrument the person, or the entity upon behalf of which the person(i4cted, 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. �My public CARNES _*my Notary Publk -California Signature 1 r commission #'4 g dJ � Commiuion tl 2427148 Comm. Expires Dec 13, 2026 (SEAL) 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 August 24, 2023, before me, Maria Morris, City Clerk personally appeared Beniamin Siegel, City Manager and Alisha Winterswvk, Assistant, 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) and official seal. Y � Mari o s,City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Assistant City Attorney License Agreement (Open Space Area) APNs 124-160-27 Title Signer is Representing City of San Juan Capistrano Licensor Property EXHIBIT "A" LEGAL DESCRIPTION: LOT 3 IN BLOCK 10 OF SAN JUAN CAPISTRANO, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED BOOK 3, PAGES 120 AND 121 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THE WEST ONE-HALF OF GARCIA STREET ADJOINING SAID LOT ON THE EAST, ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY NOVEMBER 16, 1920 IN BOOK 15, PAGE 304 OF MINUTE BOOKS. EXCEPT THEREFROM THAT PORTION OF SAID LOT 3 AND VACATED GARCIA STREET LYING NORTHERLY OF THE SOUTHERLY 19.00 FEET OF SAID LOT 3 AND ITS EASTERLY PROLONGATION. ALL AS SHOWN ON EXHIBIT °B°, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. DAVID R. GRAY, P.L.S. NO. 5239 DATE EXPIRES: 06-30.2023 PAGE 1 OF 1 EXHIBIT "B" SHEET 1 OF 1 LEGEND: © LICENSE AREA: 4,0591 SO, FT. Rt TRACT NO. 103M.M. 1109-33 SCALE: 1"m47 Draft Plot 06/16/1023 PREPARED BY. DRG, INC. 601 E. DAILY DRIVE, SUITE 225 CAMARILLO, CA 93010 805-987-3945 FAX 805-967-1855 JOB N0.2022 JUNE 2023 PORTION OF LOT 3, BLOCK 10, SAN JUAN CAPISTRANO, M. R. 3/120.121 ILA COUNTY) IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA voi I LOT 3BLOCK 10 l Lu I 54N JUAN C4PSTRANO 0 I , M.R. 3/120-121 (LA. COUNTY) _Z 3a / n Ln m / �a w 25' o I W VACATED GARCIA STREET- ,/ 4 l� 4 �1 $ p�, E'LY LINE L0T3 �215.78. m I°' 1'46:3pryy 211.49R1 �d9 4b ILOT 19 SILY TRA NO. 103 M.RL30120-121 = N M.M. 11/29-33 a 4 LEGEND: © LICENSE AREA: 4,0591 SO, FT. Rt TRACT NO. 103M.M. 1109-33 SCALE: 1"m47 Draft Plot 06/16/1023 PREPARED BY. DRG, INC. 601 E. DAILY DRIVE, SUITE 225 CAMARILLO, CA 93010 805-987-3945 FAX 805-967-1855 JOB N0.2022 JUNE 2023 Exhibit "C" Licensee Property PARCEL 1 THAT PORTION OF LOT 20 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 23 OF SAID TRACT NO. 103. r\707:i1Eel N10.17110YZI5001Yi PARCEL 2: LOT 23 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ANY PORTION OF SAID LOT 23 NOT INCLUDED IN THE DEED FROM ROSA RIOS TO MARIA BALBANEDO RUIZ, RECORDED SEPTEMBER 29,1885 IN BOOK 146, PAGE 102 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WHICH DEED DESCRIBES THE FOLLOWING: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN -BLOCK 10 OF THE TOWN OF SAN JUAN CAPISTRANO; THENCE SOUTH 10-1/2 DEGREES EAST TO A STAKE, A DISTANCE OF 51 FEET; THENCE SOUTH 7-1/2 DEGREES WEST, 31 FEET TO THE CORNER OF RIVERINS LAND; THENCE SOUTH 82 DEGREES EAST, 125 FEET TO A STAKE; THENCE NORTHERLY TO THE SOUTH LINE OF OLIVE STREET, A DISTANCE OF 79 FEET; THENCE NORTH 81 DEGREES WEST ALONG THE SOUTH BOUNDARY OF OLIVE STREET, 145 FEET TO THE POINT OF BEGINNING, BEING THE WEST ONE-HALF OF SAID LOT 1; REFERENCE BEING HEREBY MADE TO THE OFFICIAL PLAT OF SAID TOWN ON FILE IN THE RECORDER'S OFFICE OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS PARCEL 102505-1 IN FINAL ORDER OF CONDEMNATIONS RECORDED JULY 24, 2013 AS INSTRUMENT NO. 2013000442463 AND JULY 25, 2013 AS INSTRUMENT NO. 2013000445919, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT 23 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION EL CAMINO REAL SOUTH AND ORTEGA HIGHWAY AS SHOWN ON RECORD OF SURVEY NO. 2018-1140, AS PER MAP FILED IN BOOK 309, PAGES 5 AND 6, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF ORTEGA HIGHWAY SOUTH 84°43'58" EAST 191.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 660.03 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16'02" WEST 39.39 FEET; THENCE, PARALLEL WITH SAID CENTERLINE, NORTH 84°43'58" WEST 35.88 FEET TO THE EASTERLY LINE OF SAID LOT 23, SHOWN AS "L457" ON RECORD OF SURVEY NO. 2009-1078, AS PER MAP FILED IN BOOK 246, PAGES 32 TO 43, INCLUSIVE, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID PARALLEL LINE, NORTH 89°43'58" WEST 82.33 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16'02" WEST 2.79 FEET; THENCE, NORTH 84043'58" WEST 48.78 FEET TO THE WESTERLY LINE OF SAID LOT 23; THENCE, ALONG SAID WESTERLY LINE, NORTH 06"20'02" EAST 6.37 FEET; THENCE, CONTINUING ALONG SAID WESTERLY, NORTH 08°17'56" WEST 50.93 FEET TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 23, SOUTH 81"19'47" EAST 145.49 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 23; THENCE, ALONG SAID EASTERLY LINE, SOUTH 08°12'43" WEST 44.51 FEET TO THE TRUE POINT OF BEGINNING. A PORTION OF APN: 124-160-57 PARCEL 3: THAT PORTION OF LOT 20 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 23 OF SAID TRACT NO. 103. A PORTION OF APN: 124-160-57 PARCEL4: LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM, THAT PORTION THEREOF LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22 OF SAID TRACT NO. 103. ALSO EXCEPTING THEREFROM, THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 2, 1956 IN BOOK 3662, PAGE 435 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. A PORTION OF APN: 124-160-57 PARCEL 5: LOT 3 IN BLOCK 10 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 AND 121 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THE WEST ONE-HALF OF GARCIA STREET ADJOINING SAID LOT ON THE EAST, ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY NOVEMBER 16, 1920 IN BOOK 15, PAGE 304 OF MINUTE BOOKS. EXCEPTING THEREFROM THE SOUTHERLY 94.00 FEET THEREOF. A PORTION OF APN: 124-160-57 PARCELS: THAT PORTION OF LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 23 OF SAID TRACT; THENCE NORTH 8 DEGREES 11'49" EAST ALONG THE EASTERLY LINE OF SAID LOT 23, A DISTANCE OF 28.88 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1050.00 FEET; THENCE FROM A TANGENT BEARING SOUTH 88 DEGREES 50'22" EAST, EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 1 DEGREE 57' 37", AN ARC DISTANCE OF 35.92 FEET TO A POINT IN THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 2, 1956 IN BOOK 3662, PAGE 435 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, DISTANT ALONG SAID WESTERLY PROLONGATION, WESTERLY 6.49 FEET FROM THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22 OF SAID TRACT; THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION, 6.49 FEET TO SAID SOUTHERLY PROLONGATION; THENCE SOUTHERLY ALONG SAID SOUTHERLY PROLONGATION, 32.42 FEET TO THE SOUTHERLY LINE OF SAID LOT 21; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER SAID LAND WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, AS EXCEPTED IN THE DIRECTOR'S DEED FROM THE STATE OF CALIFORNIA RECORDED APRIL 18, 1962 IN BOOK 6079, PAGE 258 OF OFFICIAL RECORDS. A PORTION OF APN: 124-160-57 PARCEL? THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED JULY 24, 2013, AS INSTRUMENT NO. 2013000442463 AND RELINQUISHED TO THE CITY OF SAN JUAN CAPISTRANO BY THAT CERTAIN DOCUMENT RECORDED AUGUST 26, 2019 AS INSTRUMENT NO. 2019000316332, BOTH OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 102505-1 FOR STATE HIGHWAY PURPOSES, ALL OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF EL CAMINO REAL (NORTH), 56' WIDE, AND THE CENTERLINE OF THE CITY STREET CALLED ORTEGA HIGHWAY, ESTABLISHED PER R621, BEING THE INTERSECTION OF LINE °1-102" WITH LINE "L115" SHOWN ON SHEET 3 OF R621; THENCE ALONG SAID "L102" AND ORTEGA HIGHWAY CENTERLINE, (1) S84°43'58"E 82.64'; THENCE AT RIGHT ANGLES TO LAST SAID CENTERLINE, (2) S05"16'02"W 40.00'; TO THE TRUE POINT OF BEGINNING IN LINE "1-156" SHOWN ON SHEET 3 OF R621, BEING IN THE SOUTHERLY BOUNDARY OF SAID ORTEGA HIGHWAY ESTABLISHED PER R621, FROM SAID BEGINNING POINT THE EASTERLY TERMINUS OF "1156" BEARS S84°43'58"E 7.12'; THENCE LEAVING SAID ORTEGA HIGHWAY BOUNDARY, (3) SOB -01'44"W 1.18'; THENCE, (4) S84°16'08°E 82.59', TO A POINT IN LINE °1_157° SHOWN ON SHEET 3 OF R621, BEING IN SAID ORTEGA HIGHWAY BOUNDARY, FROM LAST SAID POINT THE NORTHERLY TERMINUS OF "1_157° BEARS N0801 5'33'E 4.61'; THENCE ALONG SAID ORTEGA HIGHWAY BOUNDARY, (5) N08°15'33"E 4.61'; TO A POINT IN NON -TANGENT CURVE OF RADIUS OF 1039.96', CONCAVE NORTHERLY, A RADIAL LINE TO LAST SAID POINT BEARS S01005'36°W; THENCE WESTERLY ALONG SAID CURVE, (6) AN ARC LENGTH OF 75.76', THROUGH A CENTRAL ANGLE OF 04°10'26"; THENCE LEAVING LAST SAID CURVE ALONG A TANGENT LINE, (7) N84°43'58"W 7.12', TO THE TRUE POINT OF BEGINNING. APN: 124-160-56 PARCEL 8: THAT PORTION OF LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA; AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF EASTERLY LINE OF EL CAMINO REAL SOUTH, 25.00 FEET HALF WIDTH AND THE SOUTHERLY LINE OF ORTEGA HIGHWAY 40.00 FEET HALF WIDTH AS SHOWN ON RECORD OF SURVEY NO. 2009-1078, AS FILED IN BOOK 246, PAGES 32 TO 43, INCLUSIVE, OF RECORD OF SURVEYS, IN SAID COUNTY RECORDERS OFFICE; THENCE, ALONG THE SOUTHERLY LINE OF SAID ORTEGA HIGHWAY SOUTH 84°43'58" EAST 55.49 FEET, SHOWN AS "L156" ON SAID RECORD OF SURVEY, TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS 1040.00 FEET; THENCE, ALONG SAID CURVE IN A SOUTHEASTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 04010'26" AN ARC LENGTH OF 75.76 FEET, SHOWN AS "C116" ON SAID RECORD OF SURVEY, TO THE WESTERLY OF SAID LOT 21, SHOWN AS "L157" ON SAID RECORD OF SURVEY; THENCE, ALONG SAID WESTERLY LINE, SOUTH 08°15'33" WEST 1.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY LINE, SOUTH O8°15'33" WEST 8.10 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE BEARS SOUTH 01°09'43" WEST, SHOWN ON AS "C117" ON SAID RECORD OF SURVEY; THENCE, ALONG SAID CURVE IN A SOUTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 01058'32" AN ARC LENGTH OF 36.20 FEET TO A LINE THAT PASSES THROUGH THE POINT OF INTERSECTION OF THE EAST LINE OF LOT 23 OF SAID TRACT NO. 103 WITH THE SOUTH RIGHT OFWAY LINE OF THE CALIFORNIA STATE HIGHWAY AS DESCRIBED IN DEED RECORDED IN BOOK 1046, PAGE 292 OF OFFICIAL RECORDS, IN SAID COUNTY RECORDER; THENCE, ALONG SAID LINE, SHOWN AS "L158" ON SAID RECORD OF SURVEY, SOUTH 73°49'14" EAST 99.05 FEET TO THE EAST LINE OF SAID LOT 21; THENCE, ALONG SAID EAST LINE, SHOWN AS "L159" ON SAID RECORD OF SURVEY, NORTH 19012'13" EAST 15.68 FEET TO THE NORTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL DD102606-01-01 IN DIRECTOR'S DEED RECORDED JULY 27, 2018 AS INSTRUMENT NO. 2018000274958, IN THE OFFICE OF SAID COUNTY RECORDER AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 617.08 FEET, A RADIAL LINE BEARS NORTH 14039'41" EAST; THENCE, ALONG SAID CURVE IN A WESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 09.11'35", AN ARC LENGTH OF 99.02 FEET TANGENT AT ITS ENDPOINT TO A LINE WHICH BEARS NORTH 84°31'54" WEST FROM THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID LINE, NORTH 84°31'54" WEST 38.12 FEET TO THE TRUE POINT OF BEGINNING. ;L'1:T901w: THE NORTHERLY 75.00 FEET OF THE SOUTHERLY 94.00 FEET OF LOT 3, IN BLOCK 10 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 AND 121 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THE WEST ONE- HALF OF GARCIA STREET ADJOINING SAID LOT ON THE EAST, ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY NOVEMBER 16, 1920 IN BOOK 15, PAGE 304 OF MINUTE BOOKS. APN:124-160-55