00-0801_STROSCHER ENTERPRISE_Revised Second Amendment to License Agreement 4E`ASE0 SECOND AMENDMENT TO THE
LICENSE AGREEMENT
FOR GENERAL PUBLIC PARKING
This revised Second Amendment to the General Public Parking License Agreement is
made and entered into this 21 st day of August 2007, by and between the City of San Juan
Capistrano (the"City"), and Stroscher{G3, LLC, a California limited liability company, and
Gretchen Stroscher Thomson,as Trustee of the Thomson Family Trust uldlt dated October
8, 1990 (collectively, the "Licensor ).
RECITALS
WHEREAS, on August 1, 2000 the City and Licensor's predecessor-in-interest
entered into a License Agreement for temporary public parking on the corner of EI Camino
Real and Ortega Highway (APN 124-1701-14), hereinafter "Original Agreement," and,
';:t-1 : S, cn October 1, 2004 the City and Licensors predecessor-in-interest
executed the First Amendment to the original agreement modifying the monthly
consideration in the existing agreement; and,
WHEREAS, Licensor controls the adjacent parcel known as APN 124-170-12 the
location of the former Walnut Grove Restaurant; and,
-,j.1,EREA,S, Licensor has approached the City about including this parcel to the
License Agreement for expanded public parking until such time as licensor is ready to
redevelop its property; and,
WHEREAS,the City desires to use the property at the recently demolished Walnut
Grove Restaurant site to provide additional parking alterriatives forthe rGa ueirias alto the
patrons of the City's downtown businesses; and,
WHEREAS, the City supports the purpose of providing safe, convenient and
adequate parking facilitiesifor its residents and businesses.
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by this reference,and the terms, covenants,and coRv>::v :; `-::h In
this revised Second Amendment, the Parties hereby agree as follows:
SECTION 1.
Section 1, of the Original Agreement entitled "Grant of License" and its First
Amendment shall be amended to include the former Walnut Grove parking lot area on the
top portion of the L-shaped lot at the former.Walnut Grove Restaurant site commonly
known as APN 124-170-12 shown on Exhibit A attached to and incorporated herein for all
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purposes of said agreement.
SECTION 2.
In exchange for use of the property, the Licensee shall remove weeds and debris
and reslurry and restripe the lot on this site and pay the pro-rata share of(50%)fifty percent
of the property taxes assessed upon APN 124-170-12 for the term of the Agreement. It
shall be the responsibility of the Licensee to maintain the property in a useable, safe
condition, in good repair and free of garbage, litter, debris or weeds.
SECTION 3.
During the terra of the license, the city shall maintain commercial lia hi'itv� i����+��.
for APN 124-170-12 and APN124-170-14in amounts reasonably accepta_.
which insurance policy shall name licensor as an additional insured.
SECTION 4.
All other terms and conditions of the said Original Agreement and its First
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have executed this Amendment as of the date
and year first written above.
City of San Juan Capistrano Stroscher G3, LLC
Sara Altevato, Mayor Gretchen Stroscher Thomson, as
Trustee of the Thomson Family Trust
+ u/d/t dated October 8, 1990
i
ATTEST::'
1
Marg�ret R Monahan`, C ty Clerk.
Approved as to Form:
I
John Shaw, i Attorney
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