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00-0801_STROSCHER ENTERPRISE_Second Amendment to License Agreement SECOND AMENDMENT TO THE LICENSE AGREEMENT FOR GENERAL PUBLIC PARKING This Second Amendment to the General Public Parking License Agreement(this"Second Amendment") is made and entered into this 19th day of December 2006, 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 u/d/t 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 124-170-14), hereinafter"Original Agreement," and, WHEREAS, on October 1, 2004 the City and Licensor's 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, WHEREAS, 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 alternatives for the residents and the patrons of the City's downtown businesses; and, WHEREAS, the City supports the purpose of providing safe, convenient and adequate parking facilities for its residents and businesses. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the terms, covenants, and conditions set forth in this 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 public parking on the L-shaped lot at the former Walnut Grove Restaurant site commonly known as APN 124-170-12. Page 1 of 3 CIS SECTION 2. In exchange for use of the property,the City, at its sole cost, risk and expense,shall improve the vacant lot for public parking purposes. Improvements shall allow public parking on this site with direct access from the existing driveway on EI Camino Real only and a drive aisle to allow ingress only from the adjacent Mission Inn site and consist of asphalt paving, stripping and minor landscaping. SECTION 3. 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: ayor: S m A 1 1 e v a t o A ES Marg etMonaha , Cq C Approved as to Form: 9a John Shaw, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] Page 2 of 3 LICENSOR: GRETCHEN STROSCHE THOMSON, as Trustee of the Thomson Family Trust u/d/t dated October 8, 1990 STROSCHER G3, LLC, a California limited liability company By: Stroscher Capistrano, LLC, a Delaware limited liability company Its: S t Member By: B . Gretchen Stroscher Thomson Its: Authorized Person Page 3 of 3