23-0815_26874 ORTEGA HWY LLC_License Agreement (Roundabout 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
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LICENSE AGREEMENT FOR
CERTAIN PERMITTED ACTIVITIES
ON PUBLIC PROPERTY
(Roundabout Area)
T�tH,�� �
THIS LICENSE AGREEMENT (this "Agreement") is made and entered into this 15
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 parcel commonly described as 26942 Old
Mission Road and more particularly described in Exhibit "A" attached hereto and shown
on Exhibit "B" attached hereto (the "Licensor Property"). The Licensor Property is also
referred to in this Agreement as the "Roundabout 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. Licensee desires a license from Licensor to use the Roundabout Area for
landscaping, hardscaping, non-exclusive vehicle parking, pedestrian and vehicular
access and circulation, patio areas with tables and seating, lighting, monumentation, and
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related purposes as may be shown in the Entitlements or otherwise related thereto (the
"Roundabout Area License"), subject to all existing signs and traffic controls maintained by
the State of California (together, the "State Traffic Controls"), all as further described in
Section 3 below; and,
E. Licensor desires to grant to Licensee the Roundabout Area License for the
Roundabout 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 Roundabout Area License for the Roundabout
Area, which shall be irrevocable, subject to the conditions set forth in this Agreement and
the State Traffic Controls. The Roundabout Area License is intended to be permanent but
shall not be deemed to create an easement, lease, or other property interest in the
Roundabout Area. In consideration for the Roundabout Area License, Licensee shall be
solely responsible for the maintenance, repair, and upkeep of the Roundabout 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 lender with 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 Roundabout Area
License for the Roundabout Area, then Licensee shall have no further right to use the
Roundabout 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 Roundabout 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
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,
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61147.003 !034906192.1
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 Commercial
Structures have not been constructed by January 1, 2028 (subject to extension for any
Excusable Delay as defined below) (the "Completion Deadline"), or if the Commercial
Structures are demolished or destroyed and Licensee does not construct replacement
Commercial Structures 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 Roundabout Area 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.
Section 3. Permitted Activities.
Licensee is authorized to use the Roundabout Area pursuant to the Roundabout
Area License for any use consistent therewith. Licensor shall not use the Roundabout
Area for any purpose that is inconsistent or conflicts with the Roundabout Area License.
Licensor shall not grant any right to any person that is inconsistent or conflicts with the
Roundabout Area 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
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 Roundabout Area or any portion thereof, each as currently existing
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and as amended, enacted, issued or adopted from time to time, that are applicable to the
Roundabout Area License of the Roundabout Area.
Section 5. No Duty to Warn.
Licensor has no duty to inspect the Roundabout 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 Roundabout Area. Licensee acknowledges that neither Licensor nor
any employee, agent or representative of Licensor has made representations or
warranties concerning the condition of the Roundabout Area. All persons entering the
Roundabout Area under this Agreement or the Roundabout Area 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 Roundabout 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 Roundabout Area but in the public right ofway 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 Roundabout Area (except for the State
Traffic Controls), 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 Roundabout Area by any Licensee Party (as
defined below).
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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 trustor 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
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
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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/orthis Agreement by reason of a breach orviolation 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 Roundabout 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. 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.
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 Roundabout Area 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.
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8.4. Survival. The indemnification provision in this Section 8 shall survive the
termination of this Agreement and/or the Roundabout Area 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
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
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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
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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.
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
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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
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
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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.
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.
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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 Roundabout 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:
City of San Juan Capistrano
Attn: City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E-mail: mmorrisesanivancapistrano.org
To LICENSEE:
26874 Ortega Highway LLC
Attn: Dan Almquist, Manager
31791 Los Rios Street
San Juan Capistrano, CA 92675
E-mail: DanAalmauist.com
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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 Assions.
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 Roundabout Area License to any Lender that provides financing for the Parking
Structure, the Commercial Structures and/or the Licensee Property. This Agreement and
the Roundabout Area 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.
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
Page 93
61147.003 10134906192.1
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
61147.0031034906192.1
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
/ ALISHA WINTERSWYK
��✓// ASSISTANT CITY ATTORNEY
61147.003 1 00 4 906 1 92.1
LICENSOR:
CITY OF SAN JUAN CAPISTRANO
a California municipal corporation
nager
LICENSEE:
26874 ORTEGA HIGHWAY LLC,
a California limited liability company
By:/� �—
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 2023, before me, (N\o--. C ci- - reS
a Notary Public, personally appeared �1)or., lAlu�nc' WS "f , who proved to me on
the basis of satisfactory evidence to be the person( whose name(A.is/ s scribed to the within instrument and
acknowledged to me that he/s1k/th* executed the same in his/hir/thbir authorized capacity(ibf), and that by
his/}pk/thoir signature(A on the instrument the person(, or the entity upon behalf of which the person(o 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 KXcl}
61147.003 10134906192.1
MARY W. CARNES
` Nodry Public - Callfor 0a
Y Ormpe County
Commission # 2427148
•�� My 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
Benjamin 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)
Capacity Claimed by Signers
City Manager
Assistant City Attorney
Title
Signer is Representing
City of San Juan Capistrano
hand and official seal.
City Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
License Agreement (Roundabout Area)
AM 124-160-62,63 & 64
Licensor Property
EXHIBIT "A"
LEGAL DESCRIPTION:
THAT PORTION OF PARCEL 4 OF PARCEL MAP, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 10
PAGE 47 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, BEING THAT PORTION OF "PARCEL 102506-1" AND THAT
PORTION OF "PARCEL 102506-01-01", ALL DESCRIBED IN THAT AMENDED FINAL
ORDER OF CONDEMNATION,, RECORDED DECEMBER 4, 2013, AS INSTRUMENT
NO. 2013000658153, OFFICIAL RECORDS OF SAID COUNTY RECORDER;
DESCRIBED AS "PARCEL DD102506-01-01 IN DIRECTOR'S DEED GRANT
RECORDED JULY 27, 2018 AS INSTRUMENT NO. 2018000274958, OFFICIAL
RECORDS OF SAID COUNTY RECORDER AS FOLLOWS:
BEGINNING AT A POINT BEING THE SOUTHERLY TERMINUS OF COURSE "(4)",
BEING " 819"12'13"W 31.83- ", IN THE BOUNDARY OF SAID "PARCEL 102506-1",
SAID POINT ALSO BEING THE MOST WESTERLY CORNER IN THE BOUNDARY
OF SAID "PARCEL 102506-1", SAID POINT ALSO BEING THE MOST NORTHERLY
CORNER IN THE BOUNDARY OF SAID "PARCEL 102506-01-01"; THENCE ALONG
SAID COURSE "(4)" AND BOUNDARY OF "PARCEL 102506-1",
(1) NORTH 19°12'13" EAST A DISTANCE OF 1.95 FEET TO THE BEGINNING OF
A NON -TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
592.57 FEET TO WHICH A RADIAL LINE BEARS NORTH 14022'50" EAST;
THENCE, LEAVING SAID COURSE "(4)" AND BOUNDARY OF "PARCEL
102506-1", EASTERLY ALONG LAST SAID CURVE,
(2) THROUGH A CENTRAL ANGLE OF 7°37'39" AN ARC LENGTH OF 78.89
FEET, TO A POINT IN A TANGENT LINE; THENCE, ALONG LAST SAID
TANGENT LINE,
(3) SOUTH 67°59'31" EAST A DISTANCE OF 72.42 FEET; THENCE,
(4) SOUTH 22°01'46" WEST A DISTANCE OF 4.91 FEET TO THE BEGINNING OF
A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 37.04 FEET TO WHICH A RADIAL LINE BEARS NORTH 17032'02" EAST;
THENCE, SOUTHEASTERLY ALONG LAST SAID CURVE,
(5)THROUGH A CENTRAL ANGLE OF 81°5603" AN ARC LENGTH OF 52.97
FEET TO A POINT IN A NON -TANGENT LINE TO WHICH A RADIAL LINE
BEARS SOUTH 80031'56" EAST; THENCE, ALONG LAST SAID NON -
TANGENT LINE,
(6) SOUTH 83°32'20" WEST A DISTANCE OF 23.58 FEET TO THE EASTERLY
TERMINUS OF COURSE "(6)", BEING " N83"19'25"E 185.89 ", IN THE
BOUNDARY OF SAID "PARCEL 102506-01-01"; THENCE, ALONG SAID
PAGE 1 OF 2
61147.00310U4906192.1
COURSE "(6)" AND BOUNDARY OF "PARCEL 102506-01-01",
(7) SOUTH 83°19'25" WEST A DISTANCE OF 185.90 FEET, TO THE SOUTHERLY
TERMINUS OF COURSE "(5)" IN THE BOUNDARY OF SAID 'PARCEL
102506-01-01": THENCE ALONG SAID COURSE "(5)", AND THE NORTHERLY
PROLONGATION THEREOF, AND BOUNDARY OF "PARCEL 102506-01-01",
(8) NORTH 19.12-13" EAST A DISTANCE OF 127.24 FEET TO THE SAID MOST
WESTERLY CORNER IN THE BOUNDARY OF "PARCEL 102506-1 "AND SAID
MOST NORTHERLY CORNER IN THE BOUNDARY OF 'PARCEL 102506-01-
01", AND THE POINT OF BEGINNING.
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 2 OF 2
61147.00310\34906192.1
EXHIBIT IIB"
PORTION OF PARCEL 4, PARCEL MAP, P.M.S.10147
IN THE CITY OF SON JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
NGHWp PER R1 1
L — —
SEE DETAIL'A'\1 1
C519'1213'W 31.83'
A=7`37'39' I S K
P.O.B. 0=592.57'
1=78.88' 0 C-
C3
�+ r
/PARCEL DD1025016-01-01= /NVWW`E/ zurw ws.sr
INST.N0.20180002749% Z,,RADIAL A=a1°Sa
37 O
PORTION PARCEL 4/,1/11', / i' ; R 519T
P M B. 10/47 /
,�.
20^01
SB3.1925^N 185.98 I
I
SHEET 1 OF 1
61147.00310\34906192.1
I/
�S19'1713'W31A3'
R.
R. 6 �
N14"22'5TE
y'P
RADIAL6=7`3T39'
'— R=592.5T
L=78: '
No. 5239
Exp.
P.O.B.
6/30/23 $
l
CAIS
_
N79°1213'E 12714'
Draft Plot
�z�
06/20/2023
DETAIL"A"
PREPARED BY
NOT TO SCALE
DRG, INC.
SCALE 1"==0
LEGEND:
" 20
801 E DAILY DRIVE. SUITE 225
Q LICENSE AREA 15,2891 SD. FT.
CAMARILL0, CA 93010
R1 RECORD OF SURVEY 20091078 R.S.B. 248!32-43
805987-3945 FAX -..805987-1855
GRID DISTANCES CONVERTED TO GROUND.
JOB NO. 2022 JUNE 2023
61147.00310\34906192.1
Exhibit "C"
Licensee Property
PARCELI
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.
A PORTION OF APN: 124-160-57
PARCEL2
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
61147.00310\34906192.1
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 84"43'58"
WEST 48.78 FEET TO THE WESTERLY LINE OF SAID LOT 23; THENCE, ALONG SAID WESTERLY
LINE, NORTH 06020'02" 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
PARCEL 4:
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
PARCEL 6:
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,
61147.00310134906192.1
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 28.86 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 7:
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 "L102" WITH LINE "L115" SHOWN ON SHEET 3 OF
R621;
THENCE ALONG SAID "1102" 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 "1156" 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 S84043'58"E 7.12';
THENCE LEAVING SAID ORTEGA HIGHWAY BOUNDARY,
(3) S06 -01-44-W 1.18';
THENCE,
61147.003 1034906192.1
(4) S84°16'08 -E 82.59', TO A POINT IN LINE 'L157" SHOWN ON SHEET 3 OF R621, BEING IN SAID
ORTEGA HIGHWAY BOUNDARY, FROM LAST SAID POINT THE NORTHERLY TERMINUS OF "1-157"
BEARS N08015'33"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 S01°05'36°W;
THENCE WESTERLY ALONG SAID CURVE,
(6) AN ARC LENGTH OF 75.76', THROUGH A CENTRAL ANGLE OF 04010'260;
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
M_1G103:1Ia.".
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 "1-157" ON SAID RECORD OF SURVEY;
THENCE, ALONG SAID WESTERLY LINE, SOUTH 08°15'33" WEST 1.98 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUING ALONG SAID WESTERLY LINE, SOUTH 08°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
19°12'13" EAST 15.68 FEET TO THE NORTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL
DD102506-01-01 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 14°39'41" 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;
61147.003[ OU4906192.1
THENCE, ALONG SAID LINE, NORTH 84°31'54" WEST 38.12 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL9
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
61147.00310134906192.1