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TOYOTA/SCION OF SAN JUAN0 0 LICENSE AGREEMENT AMENDMENT This License Agreement Amendment is entered into this 4th day of March 2008, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter the "Licensor") and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano, (hereinafter the "Licensee') sometimes referred to together as the ("Parties"). RECITALS Whereas, Licensor and Licensee have entered into a license agreement with respect to real property owned by Licensor on September 4, 2007 for temporary storage of vehicle inventory; and, Whereas, the Licensee must use a driveway over County of Orange (hereinafter "County") property to access the licensed property; and, Whereas, Licensor acquired an encroachment permit from the County to use the driveway for the purpose of the License Agreement (Exhibit A); and, Whereas, the Licensee has agreed to remain accountable for all terms, conditions, and provisions of the County Property Encroachment Permit attached as Exhibit A. NOW, THEREFORE, Licensor and Licensee agree that Licensee shall be responsible and remain accountable for the County Property Encroachment Permit provisions as set forth in Exhibit A and Section 1(f) is hereby added to the License Agreement to read as follows: 1(f). County Property Encroachment Permit Provisions Licensee shall be responsible and will be accountable for, and shall comply with all terms, conditions, and provisions of the County Property Encroachment Permit attached and incorporated herein as Exhibit A. [Signatures appear on following page] 0 Attest as to Form: r j 'fy Omar Sandoval, City Attorney/ Licensor San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic r-)/D A 1-"7 Mdrk'Nielsen, Chairma Licensee Superior Auto o SJC, LLC, dba,Toyot on of San Ju C istrano, LLC al--� Mike Kahn, President • Exhibit A County of Orange 11 Encroachment Permit Provisions CC#NTY PROPERTY PV MIT Page 1 of 2 2007-01799 ENCROACHMENT PERMIT 2/5/2008 Ng., Andy 9457,43AM County of Orange Permit No: 2007-01799 INSPECTION PHONE RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT Effective Date: 2/5/2008 County Property Permits 714-567-6243in Inspection office shall notified at least MaOffice: 300 North Flower Street, Room 122 12:00:ooAM Santa Ana, California 92703-5001 Expiration Date: TWO (2) WORK DAYSS PRIOR 8/2/2009 or POBox 4048Santa AnaCalifornia 92702-4048 .. , , RE commencing permitted use. FAILURE 12:00:ooAM TO OBTAIN INSPECTION SHALL (714) 834-3432 or (714) 834-5738 VOID THIS PERMIT Fax: (714) 835-7425 PERMITTEE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949-443-6316 Contact Person Douglas Dumhart FACILITY Tvoe Facility Name Number SAN JUAN CREEK CHANNEL LOl Telephone No. 949443-6316 Insured CITY OF SAN JUAN CAPISTRAN0 Policy Memorandum Self Expires 09/30/2008 PERMITTED USE: User of County property is hereby authorized as follows, subject to provisions attached hereto: Temporary access within a portion of the Orange County Flood Control District's San Juan Creek Channel (LO I) service road right-of-way, to access adjacent private property to store new commerical vehicles, per attached plans and provisions and to the satisfaction of County's assigned inspection personnel. PERMITTED USE NOT EFFECTIVE UNTIL APPROVED BY ASSIGNED INSPECTOR. THIS PERMIT IS NOT RENEWABLE AND IS VALID FOR A MAXIMUM OF 18 MONTHS. CEQA Code I SWPPP: No LOCATION OF WORK: San Juan Creek Channel (LO 1) at Stonehill Drive, adjacent private properties parcel 9121-253-13, 121-253-15, 1211-240-73 Dimension/Type: temp access Thomas Brothers: 972; A4 Area: San Juan Capistrano CONSIDERATION: Ty.oes PWO# Permit Fees Surety. Penalty Total Total Fees : 5,271.00 FT EF68010 5,271.00 (2074) 0.00 (2091) 0.00 5,271.00 Payment Trust Check attaint VAII Amount Total Payment: 5,271.00 Check 005676 R0801369 2/5/2008 5,171.00 Check 3141 R0717198 10/18/2007 100.00 PE ITTEE'S ACC TANCE: COUNTY APPROVAL: ,( Uribe, Carolyn 02/05/2008 PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALERT' COMPLIANCE. THIS PERMIT IS NON -TRANSFERABLE. Note: Surety will not be refunded until Final Inspection is performed and submitted to County Property Permits RESOVES & DEVELOPMENT MANAGEMP DEPARTMENT COUNTY PROPERTY PERMITS Road Encroachment Permit SPECIAL PROVISIONS Permit No. 2007-00413 By acceptance of this permit, permittee agrees to the following 1. All Orange County Flood Control District (hereinafter "District") improvements disturbed, damaged, vandalized or removed as a result of Permittee's activities within, upon, under or over District Right -of -Way (ROW) shall be repaired, restored or replaced at Permittee's expense in conformance with Resources and Development Management Department (hereinafter "RDMD") Standard Plans and to the satisfaction of the Director of RDMD or his designee (hereinafter "Director") within sixty (60) calendar days of the issuance of written notice by Director. If Permittee fails to repair, restore or replace District's improvements within 60 calendar days, Director may, in his sole and absolute discretion, cause the repair, restoration or replacement of District's improvements to be completed by District personnel or outside contractors and Permittee shall be solely responsible for these costs and expenses. Permittee agrees that in an emergency situation which threatens the public's health, safety or welfare as determined by Director in his sole and absolute discretion, Director shall be permitted to cause the repair, replacement or restoration of District's improvements without prior notice to Permittee and Permittee shall be solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures described above. 2. Permittee agrees that if any of Permittee's improvements are disturbed, damaged or removed by District during the course of District's operating, maintaining, repairing, improving, restoring, or enlarging District's improvements within, upon, over or under District's ROW Permittee shall be responsible for replacing, repairing, restoring or removing Permittee's improvements to the satisfaction of Director solely at Permittee's expense within sixty (60) calendar days of receiving written notice from Director. 3. Permittee, its assigns or successors shall be solely responsible for the operation, maintenance, repair and/or replacement of Permittee's improvements within District ROW. 4. Permittee agrees that it shall indemnify, defend with counsel approved in writing by District, and hold District, the County of Orange, their elected and appointed officials, officers, employees agents and contractors (hereinafter "District/County Indemnitees") harmless from any and all liability for injury or damage to third persons or property arising from Permittee's activities and/or improvements placed within, upon, under or over District's ROW unless such injury or damage is caused by the gross negligence or willful misconduct of District, County or the District/County Indemnitees. 5. Permittee shall ensure that all laws and regulations are enforced and obeyed during event by Permittee and all participants. Page 1 of 4 11 0 6. Permittee acknowledges that the improvements installed within District ROW approved under the provisions of the permit are non -transferable. Therefore, the Permittee agrees that upon sale or transfer of the subject property the Permittee shall be required to remove improvements installed within the District's ROW and restore the District's ROW to an acceptable pre-existing condition meeting the satisfaction of the assigned District inspector. If the Permittee's assign and/or successor desires to continue to operate and maintain the approved permit improvements, the assign and/or successor will be required to obtain a new approved encroachment permit from RDMD/Engineering and Permit Services/County Property Permits. 7. Pertinent sections of the encroachment permit special provisions and other relevant documents will be recorded by the County Clerk — Recorder. Notice is hereby given to future assigns or successors that the above captioned encroachment permit is non- transferable (OCCO Sec. 9-2-80). Permittee acknowledges Permittee's responsibility to remove the encroachment permit improvements installed within the District's ROW and restore the ROW to an acceptable pre-existing condition meeting the satisfaction of the assigned District inspector. Upon Permittee's successful completion of removing the encroachment permit improvements from District ROW to the satisfaction of the assigned District inspector the Permittee may request the County Clerk - Recorder remove the encroachment permit special provisions and other relevant documents from the Permittee's property title pending receiving the District's written concurrence. In such cases, the Permittee will be financially responsible for any costs incurred by the County Clerk — Recorder for clearing the Permittee's property title. IF PERMITTEE'S ASSIGN OR SUCCESSOR DESIRES TO CONTINUE TO OPERATE AND MAINTAIN THE PERMIT IMPROVEMENTS WITHIN THE DISTRICT'S ROW REFERENCED IN THE ABOVE CAPTIONED ENCROACHMENT PERMIT, PRIOR TO THE TRANSFER OF PROPERTY PERMITTEE'S ASSIGN OR SUCCESSOR SHALL BE REQUIRED TO OBTAIN A NEW ENCROACHMENT PERMIT FOR THE IMPROVEMENTS AND SATISFY THE DISTRICT'S CURRENT ENCROACHMENT PERMIT CRITERION. 8. If at anytime, District intends to modify, enlarge, reconstruct, repair and/or replace District facilities, Permittee agrees to remove and/or relocate interfering portions of Permittee's improvements within sixty (60) calendar days of the date of District's written notification to Permittee. Upon receipt of written notification from District, Permittee shall obtain an encroachment permit from District covering Permittee's plans to remove and relocate Permittee's interfering improvements. District agrees to expedite review of Permittee's encroachment permit application. Permittee shall be responsible for all financial charges associated with satisfying this permit special provision. If Permittee fails to remove its interfering improvements within the time period required, Director, in his sole and absolute discretion, may cause the removal of Permittee's interfering improvement to be completed by District staff or by outside contractor. Permittee agrees that it shall be solely responsible for the cost of such removal and shall reimburse District for all of its costs and expenses within sixty (60) calendar days of the mailing of an invoice by Director. Page 2 of 4 11 0 9. Nothing in this Permit is intended nor shall anything in this permit be construed to transfer to District or its successors and assigns or to relieve Permittee or their successors and assigns or predecessors in title of any responsibility or liability Permittee now has, has had, or comes to have with respect to human health or the environment, including, but not limited to responsibility or liability related to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation other provision of the law). Furthermore, District may exercise its right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from Permittee or any others who are ultimately determined to have responsibility for said toxic or hazardous materials. 10. No construction materials are to be stored in a way that impedes and/or interferes with bikeway use, channel inspection or maintenance operations. 11. PERMITTEE ACKNOWLEDGES THAT IT SHALL BE RESPONSIBLE FOR OBTAINING ALL APPLICABLE REGULATORY PERMIT AGREEMENTS AND SATISFYING ALL RESOURCE AGENCY REQUIREMENTS. FURTHERMORE, PERMITTEE ACKNOWLEDGES THAT NEITHER THE COUNTY OF ORANGE NOR THE DISTRICT SHALL BE CO -NAMED IN ANY REGULATORY PERMIT AGREEMENTS OR OBLIGATED TO SATISFY ANY OF THE TERMS, CONDITIONS, PROVISIONS, MITIGATION, OR MONITORING REQUIRED BY THE RESOURCE AGENCIES VIA THE REGULATORY PERMIT AGREEMENTS. PERMITTEE SHALL PROVIDE RDMD/ENGINEERING AND PERMIT SERVICES/COUNTY PROPERTY PERMITS WITH COPIES OF ALL REGULATORY PERMIT AGREEMENTS AND CONDITIONS AND MAINTAIN COPIES AT THE JOB SITE FOR INSPECTION PURPOSES. 12. In the event of an emergency, the Permittee acknowledges that the District retains the right at the District's sole and absolute discretion to remove sediment and debris, perform channel repairs or conduct other maintenance activities within the approved permit area. In such cases, Permittee acknowledges that the District will not be required to restore the Permittee's approved improvements within the District's ROW, nor will the District be obligated to satisfy any of the Permittee's regulatory permit agreement terns, conditions or mitigation requirements. 13. Permittee shall provide emergency access to Police, Fire and District personnel during permit period. 14. District access gates are to be immediately locked upon entering or exiting District channel ROW. 15. Vehicular speeds on District access roads shall not exceed a maximum of 10 MPH 16. Permittee acknowledges that the use of earthen District access roads is prohibited during rainstorm conditions or when the District's earthen access roads are wet. When District's earthen access roads are wet the Permittee's access will be limited to pedestrian access only. IN CASES WHEN THE EARTHEN ACCESS ROAD BECOMES WET, AUTHORIZED VEHICULAR ACCESS SHALL NOT BE COMMENCED PRIOR TO THE EARTHEN ACCESS ROAD DRYING SUFFICIENTLY TO THE Page 3 of SATISFACTION OF THE ASSIGNED DISTRICT INSPECTOR. ANY DAMAGE TO DISTRICT EARTHEN ACCESS ROADS CAUSED BY PERMITTEE'S MISUSE OF SUCH ROADS SHALL BE REPAIRED PROMPTLY BY PERMITTEE AT ITS SOLE EXPENSE. IF PERMITTEE FAILS TO PROMPTLY REPAIR DISTRICT'S EARTHEN ACCESS ROADS, DIRECTOR, IN HIS SOLE AND ABSOLUTE DISCRETION, MAY CAUSE THE REPAIR OF THE DISTRICT'S EARTHEN ACCESS ROAD TO BE COMPLETED BY DISTRICT STAFF OR BY OUTSIDE CONTRACTOR. PERMITTEE AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR THE COST OF SUCH REPAIR AND SHALL REIMBURSE DISTRICT FOR ALL OF ITS COSTS AND EXPENSES WITHIN SIXTY (60) CALENDAR DAYS OF THE MAILING OF AN INVOICE BY DIRECTOR. 17. Any violation of the permit provisions by Permittee shall be adequate cause for immediate revocation of the permit by District. 18. Permittee shall comply with the requirements of State, County, and City Water Quality Ordinances and shall implement Best Management Practices (BMP's) to prevent all materials, including debris associated with the proposed project, from entering into the channel and/or District maintained areas. 19. PERMIT IS VALID UNTIL AUGUST 5, 2009 AND WILL NOT BE RENEWED. AT THAT TIME PERMITTEE SHALL OBTAINED ALTERNATIVE ACCESS INTO PRIVATE PROPERTY. 1 Print Name: J DV V1 -h 5 \ UVtA KtER�F Page 4 of 4 : ;z —J"0S C%IJNTY PROPERTY P6"IT Page I of 2007-01799 ENCROACHMENT PERMIT 2/5/2008 Ngo, Andy 8.18:04AM County of Orange Permit No: 2007-01799 INSPECTION PHONE RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT Effective Date: 2/5/2008 County Property Permits 714-567-6243 5,271.00 Inspection office shall be notified at least Main Office: 300 North Flower Street, Room 122 12:00:ooAM Santa Ana, California 92703-5001 TWO (2) WORK DAYS PRIOR to Expiration Date: or P.O. Box 4048, Santa Ana, California 92702-4048 8/5/2009 12:00:ooAM commencing permitted use. FAILURE (714) 834-3432 or (714) 834-5738 TO OBTAIN INSPECTION SHALL Fax: (714) 835-7425 VOID THIS PERMIT PERMITTEE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949-443-6316 Contact Person Douglas Dumhart Telephone No. 949-443-6316 FACILITY Type Facility Name Number SAN JUAN CREEK CHANNEL LO1 Insured CITY OF SAN JUAN CAPISTRANO Policy Memorandum Self EjjIires 09/30/2008 PERMITTED USE: User of County property is hereby authorized as follows, subject to provisions attached hereto: Temporary access within a portion of the Orange County Flood Control District's San Juan Creek Channel (LOI) service road right-of-way, to access adjacent private property to store new commerical vehicles, per attached plans and provisions and to the satisfaction of County's assigned inspection personnel. PERMITTED USE NOT EFFECTIVE UNTIL APPROVED BY ASSIGNED INSPECTOR. THIS PERMIT IS NOT RENEWABLE AND IS VALID FOR A MAXIMUM OF 18 MONTHS. 4 Code 1 SWPPP: No LOCATION OF WORK: San Juan Creek Channel (LO 1) at Stonehill Drive, adjacent private properties parcel #121-253-13, 121-253-15, 1211-240-73 Dimension/Type: temp access CONSIDERATION: Thomas Brothers: 972; A4 Area: San Juan Capistrano TVDeS PWOO Permit Fees Surety Penalty Total Total Fees : 5,271.00 FT EF68010 5,271.00 (2074) 0.00 (2091) 0.00 5,271.00 Payment Trust Check Receipt pats Amoun! Total Payment: 100.00 Check 3141 R0717198 10/18/2007 100.00 Surety Paid By: PERMITTEE'S ACCEPTANCE: DRAFT TUF Invoice Paid By: COUNTY APPROVAL: _�� PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALERT" COMPLIANCE. THIS PERMIT IS NON -TRANSFERABLE. Note: Surety will not be refunded until Final Inspection is performed and submitted to County Property Permits STANDARD PROVISIONS • Tobe attached and made part of Permit Number 2007-01799 1. Permits issued by this Department are pursuant to the authority vested by the Board of Supervisors for the County of Orange, Orange County Flood Control District, any one or all of which are hereinafter referred to as County. 2. Permittee agrees to save County, its agencies, districts, etc., including its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly out of any damage or injury to persons or property by reason of the acts or omissions of Permittee, its agents, employees or independent contractors in exercising any of the privileges herein granted or in consequence thereof. The Permittee shall file a written accident report with the County of Orange for any property damage, death or injuries on project site within 48 hours after such incident occurs. The accident report shall include, but is not limited to, the following information, if available: time and date, location, nature of accident, names of people injured, description of property damage, police report number, and description of job site condition at the time of accident. Failure to file an accident report shall be considered a violation of the permit provisions and may cause revocation of this permit. Accident report shall be filed with the Inspection section assigned to the project. Contact can be made at the following telephone numbers: 6 Permit Inspection 714 567-7804 1152 E. Fruit Street Santa Ana, CA 92702 Operations Inspection 714 567-6300 10852 Douglass Road Anaheim, CA 92806 3. Should any damage or injury to County works occur during initial use and/or as a result of this permitted use, either through the acts of agents, servants, or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittee shall immediately, upon the written demand of County, restore such works to the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or expense. The question as to whether or not any such damage or injury has been caused to the works shall be determined by the Director of the Resources and Development Management Department and his determination shall be final. In the event repair by County is necessary, Permittee shall pay County the cost of such repairs. 4. County reserves the right unto itself to perform any work, upon any portion or all of the area covered by this permit, or to do any other work necessary at any time. Such work may be performed without incurring any liability of any nature whatsoever to the Permittee. It is further understood and agreed that County reserves unto itself the rights of ingress over all or any portion of the subject area. 5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of the County. 6. By acceptance of this permit, Permittee acknowledges and assumes all responsibility for compliance with requirements of other regulatory governing agencies including, but not limited to, zoning regulations, applicable ordinances and laws, etc., of the County of Orange, the State of California, or others having regulatory control over the use granted herein. 7. A copy of this permit and approved plans, if applicable, shall be maintained at the site of work and be shown to any authorized representative of the County or other regulatory governing agency upon request. 8. No access or work shall be performed within County rights of way without the full knowledge of County's inspector, who shall be given not less than two work days' advance notice of the initiation of permitted use. Failure of Permittee to obtain inspection shall void this permit and necessitate reapplication by Permittee. 9. This permit may be immediately revoked for reasons in the best interest of the County, including violation of permit provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director of the Resources and Development Management Department or authorized representative. In the event of such revocation, Permittee shall immediately cease all operations and restore County right of way as directed by County's inspector. 10. Any construction performed within County properties shall be in accordance with Orange County Resources and Development Management Department Standard Plans and established criteria. Any deviation must be specifically detailed and highlighted on plans in a manner meeting the approval of County Property Permits. No uses other than that as slated on this permit shall be exercised. Public right of way shall not be used for administrative operations or storage of equipment, materials, supplies, etc. • ADDITIONAL STANDARD PROVISIONS • (Codified Ordinances, Title 6, Section 6-1-1, at seq., of the County of Orange) TO BE ATTACHED TO AND MADE A PART OF PERMIT NO. 2007-01799 11. RIGHT OF WAY RESERVATIONS: The permission granted hereby extends only to those which the County of Orange has in the real property and no warranty of any kind is made hereby that the said County possessed any or all of the rights of title necessary for Permittee to accomplish work under this permit, and Permittee is cautioned to satisfy itself that it has obtained all necessary rights or permits prior to commencement of work. This permit shall not constitute a grant of any interest in or to real property belonging to the County of Orange or any other person or entity. References to Director signify the Director, Resources and Development Management Department (RDMD), or his assignees. 12. WORKING HOURS: All work shall be performed within working hours of Orange County RDMD permit inspection group, unless prior arrangements have been made with the inspection group. 13. SURVEY MONUMENTS: It is imperative that Permittees NOTIFY THE SURVEY OFFICE, telephone 714-834-3102, of Orange County RDMD at least 48 hours prior to removing or replacing any Survey monuments. All monuments shall be replaced at Permittee's expense and MUST be replaced in kind within 0.01 feet of their original horizontal and vertical location, unless otherwise specified in writing. CONSTRUCTION REQUIREMENTS 14. RESURFACING BY PERMITTEE OR COUNTY SPECIFICATIONS: Temporary patching of trench is required on lateral cuts in surfaced streets immediately after backfilling. Permanent pavement shall be placed within thirty (30) working days after completion of backfilling operations. All excavations shall be backfilled or covered or otherwise protected, in a manner meeting the approval of the inspector, at the end of each work day. The inspector may require any pavement removal to be patched with temporary AC immediately after backfilling. Where pavement or surfacing has been removed by acceptable method, as determined by inspector, and trench edges sawed, Permittee shall replace it with a structural section the same as that removed plus an additional one inch (1") of AC. In no rase shall the replacement structural section be less than 5" AC/NS or 3" AC/6" PMB per Standard Plans. The inspector shall approve all structural sections prior to placement. Where Portland Cement Concrete pavement is removed or damaged, it shall first be sawed at excavation limits, providing distance to the next joint is more than five (5) feet away; if not, then it shall be removed to next joint without damaging adjacent pavement and subsequently replaced with Portland Cement Concrete. 15. LOCATION OF PIPES AND CONDUITS: All pipes and conduits laid parallel to the roadway at least five (5) feet from edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the Director. 16. MINIMUM COVER: The uppermost portion of any pipeline or other facility shall be installed NOT LESS THAN thirty (30) inches below the lowest portion of the roadway surface or ditch, unless otherwise authorized in writing by the Director. 17. STANDARD SPECIFICATIONS: Unless otherwise indicated on permit, all work shall be done in accordance with Orange County Resources and Development Management Department Standard Plans and the Standard Specifications for Public Works Construction latest issues. 18. COUNTY PROJECTS: This permit DOES NOT give Permittee permission to delay or interfere with the construction of County projects. Installation shall be subject to the approval of and at the convenience of County's contractor. Prior to any excavation, written permission must be obtained from said contractor and presented to resident engineer, stating that installation will NOT DELAY or interfere with said contractor's operation. If permission is DENIED, then work shall be delayed until completion of said contract. 19. TUNNELING OR BORING: All improved streets, as shown on Master Plan of Arterial Highways, MUST be bored or tunneled. All boring, tunneling and placing conduits, casing and pipelines shall be done in such a manner that the existing driving lanes will NOT be disturbed. If a casing is installed to receive conduit or pipeline, all voids between casing and conduit shall be filled with grout or sand. Bore pit shall not encroach within five (5) feet from edge of pavement. 20. OPEN CUT METHOD: Open cutting of local streets may be permitted. NOT more than one-half (1/2) of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic. Two-way traffic shall be maintained on pavement at all times. A. Minimum clearance of two (2) feet adjacent to any surface obstruction and a five (5) foot clearance between excavation and traveled way shall be maintained. B. Backfill material shall be subject to RDMD inspector's approval prior to placement. RDMD inspector may require 2 -sack cement slurry backfill. PERMANENT A.C. PATCH shall be placed within thirty (30) working days after completion of backfilling operations. 21. COMPACTION: All backfill replaced in excavation within road right of way shall be compacted until relative compaction is NOT LESS than ninety percent (90%), as determined by the Relative Compaction Test as specified in the Orange County Resources and Development Management Department Standard Plans. PMB (aggregate base) shall be compacted to a relative compaction of NOT LESS than ninety- five percent (95%). • CONTINUED • After completion of backfill and compaction operations and before permanent paving is replaced, contractor shall call for compaction tests to be performed and shall provide for test holes at locations and as directed by the inspector. In lieu of test holes as specified above, contractor may elect to call for compaction tests in successive lifts of backfill not to exceed two (2) feet vertically in time each lift of backfill is placed and compacted. 22. REPLACING ENTIRE DRIVING AND/OR BIKE LANE: If surfacing or pavement within driving lanes of a highway, as shown on the Master Plan of Arterial Highways or within a bikeway, is removed or damaged by Permittee's operation, existing surfacing or pavement for width of the driving or bike lane and for the length of the damaged surfacing shall be removed and replaced to a distance of not less than one hundred (100) feet. Such removal and replacement shall be to the satisfaction of the Director. 23. OIL -MIXED SHOULDERS: Improved oil -mixed shoulders are to be remixed to minimum depth of four (4) inches with an approved oil -mixing machine using approximately 1/2 gallon to 2'/2 gallons of SC 800 per square yard as determined by the Director. In lieu of the former, the entire width of the shoulder may be removed to a minimum depth of two (2) inches and replaced with a minimum of two (2) inches of AC. 24. CONCRETE SIDEWALK OR CURB: All concrete sidewalks or curbs shall be saw -cut to the nearest control joint and replaced in conformance with applicable provisions of the Orange County Resources and Development Management Department Standard Plans and Standard Specifications for Public Works Construction. Sidewalk removal and replacement shall be to the satisfaction of the Inspector. 25. CARE OF DRAINAGE: If the work herein contemplated shall interfere with established drainage, ample provision shall be made by the Permittee to provide for it, as may be required by the Director. All roadside drainage ditches shall be restored to original grades, and inlet and outlet ends of all culverts shall be left free and Gear. 26. COMPLIANCE WITH TERMS OF PERMIT: Permittee shall not make or cause to be made any excavation, or construct, place upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, under the surface of any highway, at any location or in any manner other than that described in application as approved by the Director, or contrary to terms of permit or of any provision of the Ordinance hereinbefore referenced. Permittee agrees that if installation of any nature or kind placed in the excavation, fill or obstruction, for which permit is issued, which shall at any time in the future interfere with use, repair, improvements, widening or change of grade of highway, Permittee or his successors or assigns, with ten (10) days after receipt of written notice from the Director to do so, at his own expense, either remove such installation or relocate to a site which may be designated by the Director. Permittee hereby agrees to do all work and otherwise comply with provisions of Orange County Codified Ordinances Title 6, Section 6-1-1, et seq., as amended, terms and conditions of this permit, and all applicable rules and regulations of the County of Orange. All work shall be performed in accordance with provisions of this Ordinance and of all applicable laws, rules and regulations of Orange County and to the satisfaction of the Director. After work has been completed, all debris and excess material from excavation and backfill operations shall be removed from right of way and the roadway left in a neat and orderly condition. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess materials which adhere to roadway surfacing, as a result of construction operations, shall be removed by approved methods to the satisfaction of the Director. TRAFFIC 27. ARTERIAL HIGHWAY TRAFFIC LANES: Two-way traffic shall be maintained at all times. At no time between the hours of 7:00 a.m. and 8:30 a.m. and between the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday (excluding legal holidays), shall there be any obstruction of an arterial highway traffic lane. Said restriction shall apply to vehicles, equipment, material, traffic control devices, excavation, stockpile or any other form of obstruction. Any exceptions must be approved specifically by a traffic control plan and by County -designated Supervising Construction Inspector. 28. PROTECTION OF TRAVELING PUBLIC: Permittee shall take adequate precautions for protection of the traveling public. Barricades, flashing amber lights and warning signs, together with flagmen, where necessary, shall be placed and maintained in accordance with the Federal Highway Administration's Manual of Uniform Traffic Control Devices, 2003 Edition, until the excavation is refilled, the obstruction removed, and roadway is safe for use of traveling public. The Director may specify, as a condition of the issuance of the permit, safety devices or measures to be used by Permittee, but failure of Director to so specify the devices or measures to be used shall not relieve Permittee of his obligation hereunder. Trenching for installation across any intersecting roadway open to traffic shall be progressive. NOT more than one-half (1/2) of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling. CONTINUED 0 0 29. SIGNALIZED INTERSECTION: Permittee shall notify Orange County RDMDlrraffic Section at 714-834-5961, at least 72 hours in advance of any excavation within one hundred (100) feet of a signalized intersection. Permittee and/or his contractor shall assume cost and responsibility for maintaining existing and temporary electrical systems or any other item or portion of work, as may be deemed necessary or advisable for protection of highway and traveling public and payment of all costs incurred by the County of Orange in repairing facilities damaged during construction. Applicant shall immediately repair or replace any damaged traffic control devices and/or striping facilities. PERMITTEE'S OBLIGATION 30. RESTORATION: APPLICANT SHALL RESTORE THE ROADWAY TO ITS ORIGINAL OR BETTER CONDITION AND CAUSE ANY PERMANENT PAVING TO BE COMPLETED AS SOON AS POSSIBLE. Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to the aforementioned Ordinance, Permittee shall promptly, and in a workmanlike manner, refill the excavation or remove the obstruction to the satisfaction of the Director. If Permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway, the Director may do so and Permittee shall promptly reimburse County the cost thereof. If any anytime subsequent to first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, Permittee shall pay to County the cost of such additional repairs made by the Director. Cost shall be computed by the Director as provided in Section 6-3-47 or Section 6-3-49 of the aforementioned Ordinance, whichever, in the judgment of the Director, will most fairly compensate County for expenses incurred by it. 31. PERMITTEE TO PAY DEFICIENCY. If any deposit is insufficient to pay all fees and costs herein provided, Permittee shall, upon demand, pay to the Director an amount equal to the deficiency. 32. EFFECT OF FAILURE TO PAY COSTS OF DEFICIENCY: If Permittee, upon demand, fails to pay any deficiency as provided in Section 6-3-77 of the aforementioned Ordinance, or shall fail to pay any other costs due County hereunder for which no deposit has been made, County may recover same by an action in any court or competent jurisdiction. Until such deficiency or costs are paid in full, a permit hereunder shall not thereafter be issued to Permittee. 33. TAXABLE POSSESSORY INTEREST: Permittee acknowledges that a taxable possessory interest may have been created by this permit and that Permittee may be subject to payment of property taxes levied on such interest. (Reference is made to California Revenue and Taxation Code, Sections 107, 107.4 and 107.6.) 34. ADDITIONAL COST: Any additional cost incurred by Permittee incidental to this work NOT shown on the face of the permit, shall be borne by Permittee. 35. COMPLIANCE: Any CONDITIONS shown in regulations, attachments, and/or provisions of Codified Ordinance and all applicable laws, rules and/or regulations of Orange County or any other regulatory governing agency pertinent to work on the face of this permit MUST be complied with. Section 6424 of the California Labor Code requires contractors planning excavation or trench work to obtain a permit for such work from the State of California, Department of Industrial Relations, DIVISION OF INDUSTRIAL SAFETY. CONDITION: ORANGE COUNTY RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT DOES NOT PERFORM ANY INSPECTION UNDER THIS PERMIT PERTAINING TO THE PROTECTION AND SAFETY OF PERSONNEL OR EQUIPMENT. THIS IS THE RESPONSIBILITY OF PERMITTEE. The Director may, either at the time of the issuance of the permit or at any time thereafter until completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the highway. The Permittee shall make proper arrangements satisfactory to the Director for and bear the cost of relocating any structure, public utility, tree or shrub where such relocation is made necessary by the proposed work for which a permit is issued. Permittee is aware of Ordinance No. 2717 concerning the registration and disclosure of lobbyists. Revised 6/05/07 0 0 LICENSE AGREEMENT FOR TEMPORARY VEHICLE STORAGE THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of September 4, 2007 by and between the San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic, hereinafter, ("Licensor"), and Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano, hereinafter, ("Licensee") sometimes referred to together as the ("Parties"). WITNESSETH WHEREAS, Licensor is the owner of certain unimproved real property located between the Orange County Transportation Authority railroad tracks and the Orange County flood control channel and north of Stonehill Drive in the City of San Juan Capistrano, County of Orange, State of California, commonly referred to as APN 121- 240-73; 121-253-13, and 121-253-15, hereinafter, ("Property'); and, WHEREAS, Licensee anticipates the development of permanent improvements at his auto dealership which will require the displacement of vehicle inventory during construction; and, WHEREAS, Licensee has a need for temporary storage yard for new vehicle inventory; and, WHEREAS, Licensee desires using portions of the Property and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, to facilitate the temporary storage of inventory, hereinafter, ("Permitted Activities") as described in Section 1 (d.) below; and, WHEREAS, Licensor desires to grant Licensee permission to engage in said Permitted Activities upon its Property, subject to Licensee obtaining required City of San Juan Capistrano ("City") land use and CEQA environmental approvals, NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Establishment of License Provisions. (a) Grant of License. On the terms and subject to the conditions set forth in this Agreement Licensor hereby grants to Licensee and its representatives and agents a non-exclusive revocable license to enter upon the Property for "Permitted Activities" subject to the conditions set forth in this Agreement. This Agreement is intended to create a temporary license and shall not be deemed to create an easement, irrevocable license, lease or a fee interest in the Licensor's Property. Page 1 of 8 SD (b) Planning Land Use Entitlements as Condition Precedent. The use of the property under the "permitted uses" provision of this Agreement is subject to Licensee obtaining a Use Permit and any other applicable applicable land use permits under City's zoning title of the Municipal Code. Further, Licensee shall be subject to compliance with the California Environmental Quality Act through the City's processing of the required land use entitlements applicable to the permitted uses authorized under this agreement. (c) Term of License Agreement. This Agreement shall take effect upon the date of approval first above written. Thereafter, Licensee shall have a period of one (1) year to secure applicable City land use approvals and other federal and state regulatory agencies. Licensee may request extensions of time from the Licensee's Agency Board based upon a showing of necessity for obtaining more time to complete regulatory processing requirements. The request for an extension of time shall not be unreasonably withheld. When Licensee has secured all necessary governmental approvals and completed the improvements necessary to initiate begin operation of permitted uses, the minimum period of time Licensee shall have to conduct the permitted uses shall be for a period of eighteen (18) months. Upon conclusion of the eighteenth month of operation, Licensor shall have the right to unilaterally terminate the license agreement without cause by giving Licensee advance 30 days written notice of termination. Termination of the Agreement shall in no way prejudice any of the rights and remedies available to Licensor at law or in equity, and Licensee acknowledges and agrees that all of the obligations and responsibilities of Licensee under this Agreement shall continue and survive such termination. (d) Permitted Activities. Licensee is authorized to prepare the land to receive and store new vehicle inventory subject to securing all requisite governmental permits as noted above. Preparation of the site includes, but are not limited to, minor grading for earthen access ramp, creating a level useable 4 acre pad, and proper drainage. Temporary improvements include, but are not limited to, gravel base for inventory parking area and access ramp, security fencing and limited lighting, and minor directional signage for delivery personnel. On-going operational activities are limited to the transport, drop-off and pick-up of vehicle inventories from 8:00 am to 8:00 pm Monday through Sundays and Federal Holidays. Large transport vehicle drop-off activity on-site shall be limited to the hours between 8:00 am to 5:30 pm Monday through Saturday only. No transport deliveries shall occur on Sundays or Holidays. Dealership preparation, wash down and/or detailing is not a permitted activity. (e) Consideration/Fee for License. In consideration of improvements Licensee shall make to ready the Property for there shall be no license fee for the first 18 months. The Licensee shall pay to Licensor a monthly license fee thereafter of eight thousand ($8,000.00) dollars per month beginning on the first day of the 19th month. Payment shall be made within five (5) days of the first of each month. Licensee's failure to pay license fee by the 10th day of the month will result in a late charge of 10%. License fee and other Page 2 of 8 • 11 payments shall be paid by Licensee to Licensor at Licensor's notice address set forth herein. Section 2. Termination Default & Restoration of Land to Original Condition. (a) Termination Without Cause. As set forth in Section 1(c), this Agreement may be terminated by Licensor without cause upon expiration of the eighteenth month period of Licensee's usage of the property for authorized permitted uses described in section 1(d). (b) Default and Cure Provisions. In addition, Licensor shall have the right to terminate this Agreement upon Licensee's default. "Default" means the failure of Licensee to perform any term, condition, covenant or agreement of this Agreement, and the continuation of such failure for a period of ten (10) days after Licensor shall have given Licensee written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within thirty (30) days, if Licensee shall not promptly, within thirty (30) days after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time, and diligently pursue the same to completion. In the event of any default by Licensee, including expiration of any applicable cure period, Licensor may terminate the Agreement by any lawful means available in law or equity. These same provisions shall apply in the event of default by Licensor. (c) Restoration of Land to Original Condition Upon License Termination. Upon termination of the Agreement, Licensee shall be responsible for removing all improvements it has placed upon the land in instituting its permitted uses, unless Licensor elects to accept some or all of said improvements. Any improvements accepted by Licensor, will be at no cost to Licensor. Licensee shall promptly initiate and exercise due diligence in removing said improvements until all improvements have been removed. Section 3. Compliance with Laws. Licensee's rights hereunder shall be conditioned upon, and 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 City Parcel or any portion thereof, each as currently existing and as amended, enacted, issued or adopted from time to time, that are applicable to the construction and use of the parking lot on the City Parcel. Nothing herein shall be construed to give Licensee any approvals normally required under the City's ordinances or local regulations. Any approvals normally required for any lighting, grading, drainage, or other issues shall be processed by Licensee and City as otherwise handled. Page 3of8 9 0 Section 4. No Duty to Warn. Licensor has no duty to inspect the Property 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 the Property. Licensee has inspected or will inspect the Property and hereby accepts the condition of the Property "As is." Licensee acknowledges that neither Licensee nor any employee, agent or representative of Licensee has made representations or warranties concerning the condition of the Property. All persons entering the Property under this License do so at their own risk. Section 5 Permits and Approvals: Standard of Work. At its sole cost and expense, Licensee shall obtain all governmental permits and authorizations required in order to engage in the Permitted Activities. Licensee shall comply, and shall cause its agents and representatives to comply, with all laws, codes, rules, regulations and permits applicable to the Permitted Activities. All Permitted Activities shall be performed in accordance with the highest standards and practices in the industry. Section 6. Indemnification. Licensee shall indemnify, defend, protect and hold San Juan Capistrano Community Redevelopment Agency its appointed officials and employees, City of San Juan Capistrano and its elected and appointed officials and employees, and any of their agents harmless from and against all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees and costs) caused by or arising in connection with the Permitted Activities and the entry onto the Property by Licensee and/or its guests, invitees, agents, and representatives. Licensee's indemnification and defense obligations pursuant to the foregoing shall apply to, without limitation: (i) personal injury, property damage and nuisance; (ii) any liens, claims, demands, actions or suits arising from the Permitted Activities; and (iii) any costs of enforcement of any provision of this Agreement. Section 7. Liability for Damage. With respect to Licensee's rights under this Agreement, Licensee shall be responsible for any damage done to any person, or to the City Parcel or any other property, caused by Licensee, the officers, directors, employees, agents, independent contractors, insurers, lenders, representatives, successors or permitted assigns of Licensee, and the other users. Section 8. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Page 4 of 8 0 0 i) Comprehensive General Liability. Throughout the term of this License, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. ii) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies to the Licensor's General Counsel for certification that the insurance requirements of this License have been satisfied. iii) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to San Juan Capistrano Community Redevelopment Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 9. Liens. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's, contractors' or subcontractors' liens due to Licensee's construction activities thereon or use thereof. Licensee shall indemnify, defend and hold Licensor harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys' fees, related to same. In addition to and not in limitation of Licensor's other rights and remedies under this Agreement, should Licensee fail either to discharge any lien or claim related to Licensee's construction activities on or use of the Property or to bond for any lien or claim to the reasonable satisfaction of Licensor, or to indemnify, hold harmless and defend Licensor from and against any loss, damage, injury, liability or claim arising out of Licensee's use of the Property, then Licensor, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys' fees incurred in doing so shall be paid to Licensor by Licensee upon written demand, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid through and including the date of payment by Licensee. Page 5 of 8 0 Section 10 Notices. Any notices required to be given under this License Agreement shall be sent to the following parties by either fax transmission or first class mail postage prepaid as follows: To LICENSOR: San Juan Capistrano Community Redevelopment Agency Attn: Redevelopment Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Fax Number (949) 488-3874 Section 11. Entire Agreement. To LICENSEE: Superior Auto of SJC, LLC dba Toyota/Scion of San Juan Capistrano Attn: Mike Kahn or Nick Konopisos 610 Newport Center Drive, Suite 840 Newport Beach, CA 92660 Fax Number (949) 467-2773 This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. Section 12. 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 13. Successors and Assigns. Licensee may not assign any of its rights under this Agreement, either voluntarily or by operation of law, without San Juan Capistrano Community Redevelopment Agency's prior written consent. No assignment by Licensee shall release Licensee from any liability under this Agreement unless otherwise provided by written agreement of the parties. Section 14. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Section 15. Authority. Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom its purports to sign. [Signatures on next page] Page 6 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. Attest:AMonahan, M rg Agency Approved as to Form: JohnSh w, Agency Counsel LICENSOR: San Juan Capistrano Community Redevelopment Agency, a public body corporate an,Jtoliti L LICENSEE: Superior Auto of SJC, LLC dba: Toyota/S ' n of San Capistran �� Page 7 of 8 , President Exhibit "A" DESCRIPTION OF PROPERTY UNDER LICENSE Portions of APN 121-240-73; 121-253-13 and 121-253-15 consisting of approximately 4.0 acres as identified on the attached site plan. Page 8 of 8 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuancaputrano.org TRANSMITTAL Ion f�M4A � IA1961tu • fS1AlIISAf1 1776 Mike Kahn Nick Konopisos 610 Newport Center Drive, Suite 840 Newport Beach, CA 92660 DATE: March 6, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL RE: License Agreement Amendment — Temporary Storage of Vehicle Inventory SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager (949) 443-6316. An original agreement and a copy are enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 printed on 100% recycled paper San Juan Capistrano Community . Redevelopment Agency TRANSMITTAL TO: 0 Superior Auto of SJC, LLC Dba: Toyota/Scion of San Juan Capistrano Attention: Mike Kahn or Nick Konopisos 610 Newport Center Drive, Ste 840 Newport Beach, CA 92660 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: License Agreement for Temporary Vehicular Storage 0 Enclosed: An original, executed agreement for your records, as approved by the Community Redevelopment Agency Board of Directors on September 4, 2007 If you have questions regarding the agreement, please contact Douglas Dumhart, Economic Development Manager (949) 443-6316. CC: Douglas Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 CRA 3/4/2008 AGENDA REPORT B3 TO: Dave Adams, Executive Director FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of a First Amendment to the License Agreement by and between the San Juan Capistrano Community Redevelopment Agency and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano, executed on September 4, 2007 RECOMMENDATION: By motion, approve the First Amendment to the License Agreement by and between the San Juan Capistrano Community Redevelopment Agency and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano; and, authorize the Chairman to execute the Amendment. SUMMARY: On September 4, 2007 the San Juan Capistrano Community Redevelopment Agency ("Licensor") and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano ("Licensee") entered into a License Agreement ("Agreement"). The Agreement allowed the use of approximately four acres of Lower Rosan Ranch to consolidate all the Licensee's off-site storage yards and for temporary displacement of vehicles if and when they develop their expanded facility. An Encroachment Permit is required because Lower Rosan Ranch is only accessible by a driveway located on County of Orange ("County') Property, specifically the County's Flood Control District. A License Amendment is necessary due to the County's policy of not providing encroachment permits to private parties. Therefore, the Licensor acquired the necessary permits and took on responsibility for all County permit provisions. Through the License Amendment, the Licensee will take on all accountability for the County's Encroachment Permit including: terms, conditions, and provisions (listed within Attachment 1). BACKGROUND: The Agency Board of Directors discussed various land use goals and objective for Lower Rosan Ranch on July 3, 2007. The Board unanimously supported interim use of the property to aid the City's car dealers with their request for vehicle storage needs. To that end, the City Council adopted Resolution Number 07-08-07-08 on August 7, 2007 Agenda Report • • Page 2 March 4, 2008 to permit the temporary storage of dealership inventories on the property for a period longer than 12 months. A License Agreement with Toyota has been drafted containing the terms and conditions for their use of a portion of the Lower Rosan property for temporary storage of vehicles. The salient terms of the License Agreement are: 1. The initial period of use is for 18 months from date of occupancy. Thereafter, the agreement by be terminated without cause by providing a 30 day notice of termination. Toyota is required to obtain applicable land use permits (e.g., Temporary Use Permit) from the City as a prerequisite to using the property. 2. Toyota is responsible for securing all permits, expenses, and temporary improvements to ready the property for vehicle storage. 3. Toyota shall pay no fee for the initial 18 months of use. Toyota will pay a fee of $8,000 per month thereafter. 4. Permitted Activities are limited to the storage, transport drop-off and pick-up of vehicles. Hours of permitted activities are limited to 8:00 a.m. — 8:00 p.m. Monday — Friday, 10:00 a.m. — 5:00 p.m. for Sundays and Federal Holidays. 5. Toyota will indemnify and insure the Agency and City in the amount of $2,000,000 per occurrence; and provide proof of insurance coverage through an endorsement. 6. Toyota shall not permit any contractors liens on the property due to temporary improvements made thereon. 7. Toyota shall remove all temporary improvements at the Agency's discretion. The Amendment will add the County's Encroachment Permit Provisions to the Agreement. This amendment will remove the liability from the Licensor and uphold the Licensee to all accountability. FINANCIAL CONSIDERATIONS: An Invoice regarding the cost of the County Encroachment Permit has been delivered to the Licensee. The permit fee of $ 5271.00, paid by the Licensor, will be reimbursed by the Licensee, Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano. Agenda Report • • Page 3 March 4, 2008 NOTIFICATION: Mike Kahn, Toyota/Scion of San Juan` Nick Konopisos, Toyota/Scion of San Juan* * Received Agenda Report, notification handled by the City Manager's Office RECOMMENDATION: By motion, approve the First Amendment to the License Agreement by and between the San Juan Capistrano Community Redevelopment Agency and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano; and, authorize the Chairman to execute the Amendment. Respectfully submitted, L��� Prepared by, Douglas D. Dumhart Laura Stokes Economic Development Manager Administrative Intern Attachment 1- License Agreement Amendment LICENSE AGREEMENT AMENDMENT This License Agreement Amendment is entered into this 4th day of March 2008, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter the "Licensor") and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano, (hereinafter the "Licensee") sometimes referred to together as the ("Parties"). RECITALS Whereas, Licensor and Licensee have entered into a license agreement with respect to real property owned by Licensor on September 4, 2007 for temporary storage of vehicle inventory; and, Whereas, the Licensee must use a driveway over County of Orange (hereinafter "County") property to access the licensed property; and, Whereas, Licensor acquired an encroachment permit from the County to use the driveway for the purpose of the License Agreement (Exhibit A); and, Whereas, the Licensee has agreed to remain accountable for all terms, conditions, and provisions of the County Property Encroachment Permit attached as Exhibit A. NOW, THEREFORE, Licensor and Licensee agree that Licensee shall be responsible and remain accountable for the County Property Encroachment Permit provisions as set forth in Exhibit A and Section 1(f) is hereby added to the License Agreement to read as follows: 1(f). County Property Encroachment Permit Provisions Licensee shall be responsible and will be accountable for, and shall comply with all terms, conditions, and provisions of the County Property Encroachment Permit attached and incorporated herein as Exhibit A. [Signatures appear on following page] ATTACHMENT 0 0 Attest: Margaret R. Monahan, City Clerk Attest as to Form: �C�1v�� Omar Sandoval, City Attorney Licensor San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic Mark Nielsen, Chairman Licensee Superior Auto of SJC, LLC, dba,Toyo cio f San J n Ca rano, LLC IT, IV- 0 Exhibit A County of Orange 0 Encroachment Permit Provisions CWNTY PROPERTY P:RMIT Page ) Oft 2007-01799 ENCROACHMENT PERMIT 2/5/2008 Ngo, Mdy 9 Sl 43AM County of Orange Permit No: 2007-01799 INSPECTION PHONE RESOURCES At DEVELOPMENT MANAGEMENT DEPARTMENTEffective Dale: 2/5/2008 County Property Permits 714-567-6243 Main Office: 300 North Flower Street, Room 122 Inspection office shall be notified at least 12:O0:OOAM Santa Ana, California 92703-5001 TWO (2) WORK DAYS PRIOR to P.O. Box 4048, Santa Ana, California 92702-4048 Expiration Date: 8/S/ZOOS or commencing permitted use. FAILURE (714) 834-3432 or (714) 834-5738 12:00:OOAM TO OBTAIN INSPECTION SHALL Fax: (714) 835-7425 VOID THIS PERMIT PERMITTEE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949-443-6316 Contact Person Douglas Dumhart Telephone No. 949-443-6316 Insured CITY OF SAN JUAN CAPISTRANO FACILITY Tyoe Facility Name Number SAN JUAN CREEK CHANNEL LO1 Policy Memorandum Self Expires 09/30/2008 PERMITTED USE: User of County property is. hereby authorized as follows, subject to provisions attached hereto: Temporary access within a portion of the Orange County Flood Control District's San Juan Creek Channel (1-01) service road right-of-way, to access adjacent private property to store new commerical vehicles, per attached plans and provisions and to the satisfaction of County's assigned inspection personnel. PERMITTED USE NOT EFFECTIVE UNTIL APPROVED BY ASSIGNED INSPECTOR. THIS PERMIT IS NOT RENEWABLE AND IS VALID FOR A MAXIMUM OF 18 MONTHS. 4 Code I SWPPP: No LOCATION OF WORK: San Juan Creek Channel (LO I) at Stonehill Drive, adjacent private properties parcel 4121-253-13, 121-253-15, 1211-240-73 Dimension/Type: temp access Thomas Brothers: 972; A4 Area: San Juan Capistrano CONSIDERATION: Types PWON Permit Fees ,Surety Penalty Total Total Fees : 5,271.00 FT EF68010 5,271.00(2074) 0.00 (2091) 0.00 5,271.00 Payment Trust Check RU&W pats: Amount Total Payment: 5,271.0( Check 005676 R0801369 2/5/2008 5,171.00 Check 3141 R0717198 10/18/2007 100.00 PE1^1TTEE1S ACC TANCE: / COUNTY APPROVAL: PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALERT COMPLIANCE. THIS PERMIT IS NON -TRANSFERABLE. Note: Surety will not be refunded until Final Inspection is performed and submitted to County Property Permits RESOOES & DEVELOPMENT MANAGEMS DEPARTMENT COUNTY PROPERTY PERMITS Road Encroachment Permit SPECIAL PROVISIONS Permit No. 2007-00413 By acceptance of this permit, permittee agrees to the following: All Orange County Flood Control District (hereinafter "District") improvements disturbed, damaged, vandalized or removed as a result of Permittee's activities within, upon, under or over District Right -of -Way (ROW) shall be repaired, restored or replaced at Permittee's expense in conformance with Resources and Development Management Department (hereinafter "RDMD") Standard Plans and to the satisfaction of the Director of RDMD or his designee (hereinafter "Director") within sixty (60) calendar days of the issuance of written notice by Director. If Permittee fails to repair, restore or replace District's improvements within 60 calendar days, Director may, in his sole and absolute discretion, cause the repair, restoration or replacement of District's improvements to be completed by District personnel or outside contractors and Permittee shall be solely responsible for these costs and expenses. Permittee agrees that in an emergency situation which threatens the public's health, safety or welfare as determined by Director in his sole and absolute discretion, Director shall be permitted to cause the repair, replacement or restoration of District's improvements without prior notice to Permittee and Permittee shall be solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures described above. 2. Permittee agrees that if any of Permittee's improvements are disturbed, damaged or removed by District during the course of District's operating, maintaining, repairing, improving, restoring, or enlarging District's improvements within, upon, over or under District's ROW Permittee shall be responsible for replacing, repairing, restoring or removing Permittee's improvements to the satisfaction of Director solely at Permittee's expense within sixty (60) calendar days of receiving written notice from Director. 3. Permittee, its assigns or successors shall be solely responsible for the operation, maintenance, repair and/or replacement of Permittee's improvements within District ROW. 4. Permittee agrees that it shall indemnify, defend with counsel approved in writing by District, and hold District, the County of Orange, their elected and appointed officials, officers, employees agents and contractors (hereinafter "District/County Indemnitees") harmless from any and all liability for injury or damage to third persons or property arising from Permittee's activities and/or improvements placed within, upon, under or over District's ROW unless such injury or damage is caused by the gross negligence or willful misconduct of District, County or the District/County Indemnitees. 5. Permittee shall ensure that all laws and regulations are enforced and obeyed during event by Permittee and all participants. Page 1 of 4 •, 0 6.Permittee acknowledges that the improvements installed within District ROW approved under the provisions of the permit are non -transferable. Therefore, the Permittee agrees that upon sale or transfer of the subject property the Permittee shall be required to remove improvements installed within the District's ROW and restore the District's ROW to an acceptable pre-existing condition meeting the satisfaction of the assigned District inspector. If the Permittee's assign and/or successor desires to continue to operate and maintain the approved permit improvements, the assign and/or successor will be required to obtain a new approved encroachment permit from RDMD/Engineering and Permit Services/County Property Permits. 7. Pertinent sections of the encroachment permit special provisions and other relevant documents will be recorded by the County Clerk — Recorder. Notice is hereby given to future assigns or successors that the above captioned encroachment permit is non- transferable (OCCO Sec. 9-2-80). Permittee acknowledges Permittee's responsibility to remove the encroachment permit improvements installed within the District's ROW and restore the ROW to an acceptable pre-existing condition meeting the satisfaction of the assigned District inspector. Upon Permittee's successful completion of removing the encroachment permit improvements from District ROW to the satisfaction of the assigned District inspector the Permittee may request the County Clerk - Recorder remove the encroachment permit special provisions and other relevant documents from the Permittee's property title pending receiving the District's written concurrence. In such cases, the Permittee will be financially responsible for any costs incurred by the County Clerk — Recorder for clearing the Permittee's property title. IF PERMITTEE'S ASSIGN OR SUCCESSOR DESIRES TO CONTINUE TO OPERATE AND MAINTAIN THE PERMIT IMPROVEMENTS WITHIN THE DISTRICT'S ROW REFERENCED IN THE ABOVE CAPTIONED ENCROACHMENT PERMIT, PRIOR TO THE TRANSFER OF PROPERTY PERMITTEE'S ASSIGN OR SUCCESSOR SHALL BE REQUIRED TO OBTAIN A NEW ENCROACHMENT PERMIT FOR THE IMPROVEMENTS AND SATISFY THE DISTRICT'S CURRENT ENCROACHMENT PERMIT CRITERION. 8. If at anytime, District intends to modify, enlarge, reconstruct, repair and/or replace District facilities, Permittee agrees to remove and/or relocate interfering portions of Permittee's improvements within sixty (60) calendar days of the date of District's written notification to Permittee. Upon receipt of written notification from District, Permittee shall obtain an encroachment permit from District covering Permittee's plans to remove and relocate Permittee's interfering improvements. District agrees to expedite review of Permittee's encroachment permit application. Permittee shall be responsible for all financial charges associated with satisfying this permit special provision. If Permittee fails to remove its interfering improvements within the time period required, Director, in his sole and absolute discretion, may cause the removal of Permittee's interfering improvement to be completed by District staff or by outside contractor. Permittee agrees that it shall be solely responsible for the cost of such removal and shall reimburse District for all of its costs and expenses within sixty (60) calendar days of the mailing of an invoice by Director. Page 2 of 4 C� J 9. Nothing in this Permit is intended nor shall anything in this permit be construed to transfer to District or its successors and assigns or to relieve Permittee or their successors and assigns or predecessors in title of any responsibility or liability Permittee now has, has had, or comes to have with respect to human health or the environment, including, but not limited to responsibility or liability related to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation other provision of the law). Furthermore, District may exercise its right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from Permittee or any others who are ultimately determined to have responsibility for said toxic or hazardous materials. 10. No construction materials are to be stored in a way that impedes and/or interferes with bikeway use, channel inspection or maintenance operations. 11. PERMITTEE ACKNOWLEDGES THAT IT SHALL BE RESPONSIBLE FOR OBTAINING ALL APPLICABLE REGULATORY PERMIT AGREEMENTS AND SATISFYING ALL RESOURCE AGENCY REQUIREMENTS. FURTHERMORE, PERMITTEE ACKNOWLEDGES THAT NEITHER THE COUNTY OF ORANGE NOR THE DISTRICT SHALL BE CO -NAMED IN ANY REGULATORY PERMIT AGREEMENTS OR OBLIGATED TO SATISFY ANY OF THE TERMS, CONDITIONS, PROVISIONS, MITIGATION, OR MONITORING REQUIRED BY THE RESOURCE AGENCIES VIA THE REGULATORY PERMIT AGREEMENTS. PERMITTEE SHALL PROVIDE RDMD/ENGINEERING AND PERMIT SERVICES/COUNTY PROPERTY PERMITS WITH COPIES OF ALL REGULATORY PERMIT AGREEMENTS AND CONDITIONS AND MAINTAIN COPIES AT THE JOB SITE FOR INSPECTION PURPOSES. 12. In the event of an emergency, the Permittee acknowledges that the District retains the right at the District's sole and absolute discretion to remove sediment and debris, perform channel repairs or conduct other maintenance activities within the approved permit area. In such cases, Permittee acknowledges that the District will not be required to restore the Permittee's approved improvements within the District's ROW, nor will the District be obligated to satisfy any of the Permittee's regulatory permit agreement terms, conditions or mitigation requirements. 13. Permittee shall provide emergency access to Police, Fire and District personnel during permit period. 14. District access gates are to be immediately locked upon entering or exiting District channel ROW. 15. Vehicular speeds on District access roads shall not exceed a maximum of 10 MPH 16. Permittee acknowledges that the use of earthen District access roads is prohibited during rainstorm conditions or when the District's earthen access roads are wet. When District's earthen access roads are wet the Permittee's access will be limited to pedestrian access only. IN CASES WHEN THE EARTHEN ACCESS ROAD BECOMES WET, AUTHORIZED VEHICULAR ACCESS SHALL NOT BE COMMENCED PRIOR TO THE EARTHEN ACCESS ROAD DRYING SUFFICIENTLY TO THE Page 3 of U SATISFACTION OF THE ASSIGNED DISTRICT INSPECTOR. ANY DAMAGE TO DISTRICT EARTHEN ACCESS ROADS CAUSED BY PERMITTEE'S MISUSE OF SUCH ROADS SHALL BE REPAIRED PROMPTLY BY PERMITTEE AT ITS SOLE EXPENSE. IF PERMITTEE FAILS TO PROMPTLY REPAIR DISTRICT'S EARTHEN ACCESS ROADS, DIRECTOR, IN HIS SOLE AND ABSOLUTE DISCRETION, MAY CAUSE THE REPAIR OF THE DISTRICT'S EARTHEN ACCESS ROAD TO BE COMPLETED BY DISTRICT STAFF OR BY OUTSIDE CONTRACTOR. PERMITTEE AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR THE COST OF SUCH REPAIR AND SHALL REIMBURSE DISTRICT FOR ALL OF ITS COSTS AND EXPENSES WITHIN SIXTY (60) CALENDAR DAYS OF THE MAILING OF AN INVOICE BY DIRECTOR. 17. Any violation of the permit provisions by Permittee shall be adequate cause for immediate revocation of the permit by District. 18. Permittee shall comply with the requirements of State, County, and City Water Quality Ordinances and shall implement Best Management Practices (BMP's) to prevent all materials, including debris associated with the proposed project, from entering into the channel and/or District maintained areas. 19. PERMIT IS VALID UNTIL AUGUST 5, 2009 AND WILL NOT BE RENEWED. AT THAT TIME PERMITTEE SHALL OBTAINED ALTERNATIVE ACCESS INTO PRIVATE PROPERTY. Date: s2 -S-'OS i Print Name: : O V V I.h S \ U Kd HAA -1— Page 4 of 4 C(-TJNTY PROPERTY�RMIT PWO# • Page) of 2007-01799 ENCROACHMENT PERMI 2/5/2008 Ngo, Andy 81909AM County of Orange Permit No: 2007-01799 INSPECTION PHONE RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT Effective Date: 2/$/2008 County Property Permits 714-567-6243 Inspection office shall notified at least Main Office: 300 North Flower Street, Room 122 12:00:00AM Santa Ana, California 92703-5001 TWO (2) WORK DAYSS PRIOR to Expiration Date: or P.O. Box 4048, Santa Ana, California 92702-4048 8/$/2009 commencing permitted use. FAILURE (714) 834-3432 or (714) 834-5738 12:00atoAM TO OBTAIN INSPECTION SHALL, Fax: (714) 835-7425 VOID THIS PERMIT PERMITTEE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949-443-6316 Contact Person Douglas Dumhart Telephone No. 949-443-6316 FACILITY Type Facility Name Number SAN JUAN CREEK CHANNEL L01 Insured CITY OF SAN JUAN CAPISTRANO Po1ic Memorandum Self Expires 09/30/2008 PERMITTED USE: User of County property is hereby authorized as follows, subject to provisions attached hereto: Temporary access within a portion of the Orange County Flood Control District's San Juan Creek Channel (1-0 1) service road right-of-way, to access adjacent private property to store new commerical vehicles, per attached plans and provisions and to the satisfaction of County's assigned inspection personnel. PERMITTED USE NOT EFFECTIVE UNTIL APPROVED BY ASSIGNED INSPECTOR. THIS PERMIT IS NOT RENEWABLE AND IS VALID FOR A MAXIMUM OF 18 MONTHS. A Code 1 _ SWPPP: No LOCATION OF WORK: San Juan Creek Channel (LOl) at Stonehill Drive, adjacent private properties parcel 4121-253-13, 121-253-15, 1211-240-73 Dimension/Type: temp access CONSIDERATION: Thomas Brothers: 972; A4 Area: San Juan Capistrano Types PWO# Permit Fees Surety Penalty Total Total Fees: 5,271.00 FT EF68010 5,271.00 (2074) 0-00(2091) 0.00 5,271.00 Payment Trust Check Receipt Dale Amount Total Payment: 100.00 Check 3141 R0717198 10/18/2007 100.00 Surety Paid By: PERMITTEE'S ACCEPTANCE: TUF Invoice Paid By: COUNTY APPROVAL: DRAFT PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALEWF COMPLIANCE. THIS PERMIT IS NON -TRANSFERABLE. Note: Surety will not be refunded until Final Inspection is performed and submitted to County Property Permits STANDARD PROVISIONS attached and made part of Permit Number 2007- 1. Permits issued by this Department are pursuant to the authority vested by the Board of Supervisors for the County of Orange, Orange County Flood Control District, any one or all of which are hereinafter referred to as County. 2. Permittee agrees to save County, its agencies, districts, etc., including its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly out of any damage or injury to persons or property by reason of the acts or omissions of Permittee, its agents, employees or independent contractors in exercising any of the privileges herein granted or in consequence thereof. The Permittee shall file a written accident report with the County of Orange for any property damage, death or injuries on project site within 48 hours after such incident occurs. The accident report shall include, but is not limited to, the following information, if available: time and date, location, nature of accident, names of people injured, description of property damage, police report number, and description of job site condition at the time of accident. Failure to file an accident report shall be considered a violation of the permit provisions and may cause revocation of this permit. Accident report shall be filed with the Inspection section assigned to the project. Contact can be made at the following telephone numbers: 6 Permit Inspection 714 567-7804 1152 E. Fruit Street Santa Ana, CA 92702 Operations Inspection 714 567-6300 10852 Douglass Road Anaheim, CA 92806 3. Should any damage or injury to County works occur during initial use and/or as a result of this permitted use, either through the acts of agents, servants, or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittee shall immediately, upon the written demand of County, restore such works to the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or expense. The question as to whether or not any such damage or injury has been caused to the works shall be determined by the Director of the Resources and Development Management Department and his determination shall be final. In the event repair by County is necessary, Permittee shall pay County the cost of such repairs. 4. County reserves the right unto itself to perform any work, upon any portion or all of the area covered by this permit, or to do any other work necessary at any time. Such work may be performed without incurring any liability of any nature whatsoever to the Permittee. It is further understood and agreed that County reserves unto itself the rights of ingress over all or any portion of the subject area. 5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of the County. 6. By acceptance of this permit, Permittee acknowledges and assumes all responsibility for compliance with requirements of other regulatory governing agencies including, but not limited to, zoning regulations, applicable ordinances and laws, etc., of the County of Orange, the State of California, or others having regulatory control over the use granted herein. 7. A copy of this permit and approved plans, if applicable, shall be maintained at the site of work and be shown to any authorized representative of the County or other regulatory governing agency upon request. 8. No access or work shall be performed within County rights of way without the full knowledge of County's inspector, who shall be given not less than two work days' advance notice of the initiation of permitted use. Failure of Permittee to obtain inspection shall void this permit and necessitate reapplication by Permittee. 9. This permit may be immediately revoked for reasons in the best interest of the County, including violation of permit provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director of the Resources and Development Management Department or authorized representative. In the event of such revocation, Permittee shall immediately cease all operations and restore County right of way as directed by County's inspector. 10. Any construction performed within County properties shall be in accordance with Orange County Resources and Development Management Department Standard Plans and established criteria. Any deviation must be specifically detailed and highlighted on plans in a manner meeting the approval of County Property Permits. No uses other than that as stated on this permit shall be exercised. Public right of way shall not be used for administrative operations or storage of equipment, materials, supplies, etc. • ADDITIONAL STANDARD PROVISIONS • (Codified Ordinances, Title 6, Section 6-1-1, at seq., of the County of Orange) TO BE ATTACHED TO AND MADE A PART OF PERMIT NO. 2007-01799 11. RIGHT OF WAY RESERVATIONS: The permission granted hereby extends only to those which the County of Orange has in the real property and no warranty of any kind is made hereby that the said County possessed any or all of the rights of title necessary for Permittee to accomplish work under this permit, and Permittee is cautioned to satisfy itself that it has obtained all necessary rights or permits prior to commencement of work. This permit shall not constitute a grant of any interest in or to real property belonging to the County of Orange or any other person or entity. References to Director signify the Director, Resources and Development Management Department (RDMD), or his assignees. 12. WORKING HOURS: All work shall be performed within working hours of Orange County RDMD permit inspection group, unless prior arrangements have been made with the inspection group. 13. SURVEY MONUMENTS: It is imperative that Permittees NOTIFY THE SURVEY OFFICE, telephone 714-834-3102, of Orange County RDMD at least 48 hours prior to removing or replacing any Survey monuments. All monuments shall be replaced at Permittee's expense and MUST be replaced in kind within 0.01 feet of their original horizontal and vertical location, unless otherwise specified in writing. CONSTRUCTION REQUIREMENTS 14. RESURFACING BY PERMITTEE OR COUNTY SPECIFICATIONS: Temporary patching of trench is required on lateral cuts in surfaced streets immediately after backfilling. Permanent pavement shall be placed within thirty (30) working days after completion of backfilling operations. All excavations shall be backfilled or covered or otherwise protected, in a manner meeting the approval of the inspector, at the end of each work day. The inspector may require any pavement removal to be patched with temporary AC immediately after backfilling. Where pavement or surfacing has been removed by acceptable method, as determined by inspector, and trench edges sawed, Permittee shall replace it with a structural section the same as that removed plus an additional one inch (1") of AC. In no case shall the replacement structural section be less than 5" AC/NS or 3" AC/6" PMB per Standard Plans. The inspector shall approve all structural sections prior to placement. Where Portland Cement Concrete pavement is removed or damaged, it shall first be sawed at excavation limits, providing distance to the next joint is more than five (5) feet away; if not, then it shall be removed to next joint without damaging adjacent pavement and subsequently replaced with Portland Cement Concrete. 15. LOCATION OF PIPES AND CONDUITS: All pipes and conduits laid parallel to the roadway at least five (5) feet from edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the Director. 16. MINIMUM COVER: The uppermost portion of any pipeline or other facility shall be installed NOT LESS THAN thirty (30) inches below the lowest portion of the roadway surface or ditch, unless otherwise authorized in writing by the Director. 17. STANDARD SPECIFICATIONS: Unless otherwise indicated on permit, all work shall be done in accordance with Orange County Resources and Development Management Department Standard Plans and the Standard Specifications for Public Works Construction latest issues. 18. COUNTY PROJECTS: This permit DOES NOT give Permittee permission to delay or interfere with the construction of County projects. Installation shall be subject to the approval of and at the convenience of County's contractor. Prior to any excavation, written permission must be obtained from said contractor and presented to resident engineer, stating that installation will NOT DELAY or interfere with said contractors operation. If permission is DENIED, then work shall be delayed until completion of said contract. 19. TUNNELING OR BORING: All improved streets, as shown on Master Plan of Arterial Highways, MUST be bored or tunneled. All boring, tunneling and placing conduits, casing and pipelines shall be done in such a manner that the existing driving lanes will NOT be disturbed. If a casing is installed to receive conduit or pipeline, all voids between casing and conduit shall be filled with grout or sand. Bore pit shall not encroach within five (5) feet from edge of pavement. 20. OPEN CUT METHOD: Open cutting of local streets may be permitted. NOT more than one-half (1/2) of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic. Two-way traffic shall be maintained on pavement at all times. A. Minimum clearance of two (2) feet adjacent to any surface obstruction and a five (5) foot clearance between excavation and traveled way shall be maintained. B. Backfill material shall be subject to RDMD inspectors approval prior to placement. RDMD inspector may require 2 -sack cement slurry backfill. PERMANENT A.C. PATCH shall be placed within thirty (30) working days after completion of backfilling operations. 21. COMPACTION: All backfill replaced in excavation within road right of way shall be compacted until relative compaction is NOT LESS than ninety percent (90%), as determined by the Relative Compaction Test as specified in the Orange County Resources and Development Management Department Standard Plans. PMB (aggregate base) shall be compacted to a relative compaction of NOT LESS than ninety- five percent (95%). • CONTINUED • After completion of backfill and compaction operations and before permanent paving is replaced, contractor shall call for compaction tests to be performed and shall provide for test holes at locations and as directed by the inspector. In lieu of test holes as specified above, contractor may elect to call for compaction tests in successive lifts of backfill not to exceed two (2) feet vertically in time each lift of backfill is placed and compacted. 22. REPLACING ENTIRE DRIVING AND/OR BIKE LANE: If surfacing or pavement within driving lanes of a highway, as shown on the Master Plan of Arterial Highways or within a bikeway, is removed or damaged by Permittee's operation, existing surfacing or pavement for width of the driving or bike lane and for the length of the damaged surfacing shall be removed and replaced to a distance of not less than one hundred (100) feet. Such removal and replacement shall be to the satisfaction of the Director. 23. OIL -MIXED SHOULDERS: Improved oil -mixed shoulders are to be remixed to minimum depth of four (4) inches with an approved oil -mixing machine using approximately Y gallon to 2'h gallons of SC 800 per square yard as determined by the Director. In lieu of the former, the entire width of the shoulder may be removed to a minimum depth of two (2) inches and replaced with a minimum of two (2) inches of AC. 24. CONCRETE SIDEWALK OR CURB: All concrete sidewalks or curbs shall be saw -cut to the nearest control joint and replaced in conformance with applicable provisions of the Orange County Resources and Development Management Department Standard Plans and Standard Specifications for Public Works Construction. Sidewalk removal and replacement shall be to the satisfaction of the Inspector. 25. CARE OF DRAINAGE: If the work herein contemplated shall interfere with established drainage, ample provision shall be made by the Permittee to provide for it, as may be required by the Director. All roadside drainage ditches shall be restored to original grades, and inlet and outlet ends of all culverts shall be left free and clear. 26. COMPLIANCE WITH TERMS OF PERMIT: Permittee shall not make or cause to be made any excavation, or construct, place upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, under the surface of any highway, at any location or in any manner other than that described in application as approved by the Director, or contrary to terms of permit or of any provision of the Ordinance hereinbefore referenced. Permittee agrees that if installation of any nature or kind placed in the excavation, fill or obstruction, for which permit is issued, which shall at any time in the future interfere with use, repair, improvements, widening or change of grade of highway, Permittee or his successors or assigns, with ten (10) days after receipt of written notice from the Director to do so, at his own expense, either remove such installation or relocate to a site which may be designated by the Director. Permittee hereby agrees to do all work and otherwise comply with provisions of Orange County Codified Ordinances Title 6, Section 6-1-1, at seq., as amended, terms and conditions of this permit, and all applicable rules and regulations of the County of Orange. All work shall be performed in accordance with provisions of this Ordinance and of all applicable laws, rules and regulations of Orange County and to the satisfaction of the Director. After work has been completed, all debris and excess material from excavation and backfill operations shall be removed from right of way and the roadway left in a neat and orderly condition. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess materials which adhere to roadway surfacing, as a result of construction operations, shall be removed by approved methods to the satisfaction of the Director. TRAFFIC 27. ARTERIAL HIGHWAY TRAFFIC LANES: Two-way traffic shall be maintained at all times. At no time between the hours of 7:00 a.m. and 8:30 a.m. and between the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday (excluding legal holidays), shall there be any obstruction of an arterial highway traffic lane. Said restriction shall apply to vehicles, equipment, material, traffic control devices, excavation, stockpile or any other form of obstruction. Any exceptions must be approved specifically by a traffic control plan and by County -designated Supervising Construction Inspector. 28. PROTECTION OF TRAVELING PUBLIC: Permittee shall take adequate precautions for protection of the traveling public. Barricades, flashing amber lights and warning signs, together with flagmen, where necessary, shall be placed and maintained in accordance with the Federal Highway Administration's Manual of Uniform Traffic Control Devices, 2003 Edition, until the excavation is refilled, the obstruction removed, and roadway is safe for use of traveling public. The Director may specify, as a condition of the issuance of the permit, safety devices or measures to be used by Permittee, but failure of Director to so specify the devices or measures to be used shall not relieve Permittee of his obligation hereunder. Trenching for installation across any intersecting roadway open to traffic shall be progressive. NOT more than one-half (1/2) of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling. CONTINUED 29. SIGNALIZED INTERSECTION: Permittee shall notify Orange County RDMDlrraffic Section at 714-834-5961, at least 72 hours in advance of any excavation within one hundred (100) feet of a signalized intersection. Permittee and/or his contractor shall assume cost and responsibility for maintaining existing and temporary electrical systems or any other item or portion of work, as may be deemed necessary or advisable for protection of highway and traveling public and payment of all costs incurred by the County of Orange in repairing facilities damaged during construction. Applicant shall immediately repair or replace any damaged traffic control devices and/or striping facilities. PERMITTEE'S OBLIGATION 30. RESTORATION: APPLICANT SHALL RESTORE THE ROADWAY TO ITS ORIGINAL OR BETTER CONDITION AND CAUSE ANY PERMANENT PAVING TO BE COMPLETED AS SOON AS POSSIBLE. Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to the aforementioned Ordinance, Permittee shall promptly, and in a workmanlike manner, refill the excavation or remove the obstruction to the satisfaction of the Director. If Permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway, the Director may do so and Permittee shall promptly reimburse County the cost thereof. If any anytime subsequent to first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, Permittee shall pay to County the cost of such additional repairs made by the Director. Cost shall be computed by the Director as provided in Section 6-3-47 or Section 63-49 of the aforementioned Ordinance, whichever, in the judgment of the Director, will most fairly compensate County for expenses incurred by it. 31. PERMITTEE TO PAY DEFICIENCY. If any deposit is insufficient to pay all fees and costs herein provided, Permittee shall, upon demand, pay to the Director an amount equal to the deficiency. 32. EFFECT OF FAILURE TO PAY COSTS OF DEFICIENCY: If Permittee, upon demand, fails to pay any deficiency as provided in Section 6-3-77 of the aforementioned Ordinance, or shall fail to pay any other costs due County hereunder for which no deposit has been made, County may recover same by an action in any court or competent jurisdiction. Until such deficiency or costs are paid in full, a permit hereunder shall not thereafter be issued to Permittee. 33. TAXABLE POSSESSORY INTEREST: Permittee acknowledges that a taxable possessory interest may have been created by this permit and that Permittee may be subject to payment of property taxes levied on such interest. (Reference is made to California Revenue and Taxation Code, Sections 107, 107.4 and 107.6.) 34. ADDITIONAL COST: Any additional cost incurred by Permittee incidental to this work NOT shown on the face of the permit, shall be borne by Permittee. 35. COMPLIANCE: Any CONDITIONS shown in regulations, attachments, and/or provisions of Codified Ordinance and all applicable laws, rules and/or regulations of Orange County or any other regulatory governing agency pertinent to work on the face of this permit MUST be complied with. Section 6424 of the California Labor Code requires contractors planning excavation or trench work to obtain a permit for such work from the State of California, Department of Industrial Relations, DIVISION OF INDUSTRIAL SAFETY. CONDITION: ORANGE COUNTY RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT DOES NOT PERFORM ANY INSPECTION UNDER THIS PERMIT PERTAINING TO THE PROTECTION AND SAFETY OF PERSONNEL OR EQUIPMENT. THIS IS THE RESPONSIBILITY OF PERMITTEE. The Director may, either at the time of the issuance of the permit or at any time thereafter until completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the highway. The Permittee shall make proper arrangements satisfactory to the Director for and bear the cost of relocating any structure, public utility, tree or shrub where such relocation is made necessary by the proposed work for which a permit is issued. Permittee is aware of Ordinance No. 2717 concerning the registration and disclosure of lobbyists. Revised 6/05/07 Y CITY OF SAN JUAN CAPISTRANO ^� w3 ; V � � San loon Cepnvann 'y LCammuniiy RWevelo•mrni Agency .. K w < 0 0 z 3 } y F_ > i ,mfmmlm 1lmmix,mrt m n �U CITY OF SAN JUAN CAPISTRANO K 0 NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 6:30 p.m. on Tuesday, March 4, 2008, in the City Council Chamber in City Hall, to consider: "Consideration of a First Amendment to the License Agreement by and between the San Juan Capistrano Community Redvelopment Agency and the Superior Auto of SJC, LLC, dba, Toyota/Scion of San" — Item No. B3. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 3, 2008 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Laura Stokes, Administrative Interm, City Managers Office. You may contact that staff member at (949) 443-6313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(cDsanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Mike Kahn, Toyota/Scion of San Juan*; Nick Konopisos, Toyato/Scion of San Juan*; Douglas D. Dumhart, Economic Development Manager; Laura Stokes, Administrative Interm, City Managers Office * Received staff report 32400 Paseo Adelanto • San Juan Capistrano • California 92675 (949) 493.1171 Ocnm.e.• ,00x reoya.a c., 11 AGENDA REPORT TO: Dave Adams, Executive Director 10(�" FROM: Douglas Dumhart, Economic Development Manager CRA 9/4/2007 D2 SUBJECT: Consideration of License Agreement for Temporary Vehicle Storage on a Portion of Lower Rosan Ranch - APN 121-240-73; 121-253-13 and 121- 253-15 (Toyota/Scion of San Juan) RECOMMENDATION: By motion, approve the License Agreement with Toyota/Scion of San Juan for Temporary Vehicle Storage on a Portion of Lower Rosan Ranch - APN 121-240-73; 121-253-13 and 121-253-15. SUMMARY: Toyota/Scion of San Juan hereinafter referred to as "Toyota" has been seeking city assistance for their business. Currently their undersized facilities do not provide enough space for vehicle storage, employee parking, parts and service. Toyota has new vehicles stored at three separate off-site locations on month-to-month basis. They have submitted plans to the city to enlarge their parts and service area, as well as additional on-site structured parking. However, they need immediate relief for storage of vehicle inventories. They are requesting use of approximately four acres of Lower Rosan Ranch to consolidate all their three off-site storage yards and for temporary displacement of vehicles if and when they develop their expanded facility. Staff has prepared a License Agreement for Temporary Vehicle Storage on a portion of Lower Rosan Ranch. The License Agreement is provided as Attachment 1 to this report. BACKGROUND: The Agency Board of Directors discussed various land use goals and objective for Lower Rosan Ranch on July 3, 2007. The Board unanimously supported interim use of the property to aid the city's car dealers with their request for vehicle storage needs. To that end, the City Council adopted Resolution Number 07-08-07-08 on August 7, 2007 to permit the temporary storage of dealership inventories on the property for a period longer than 12 months. Agenda Report • - 2 - • September 4, 2007 A License Agreement with Toyota has been drafted containing the terms and conditions for their use of a portion of the Lower Rosan property for temporary storage of vehicles. The salient terms of the License Agreement are: 1. The initial period of use is for 18 months from date of occupancy. Thereafter, the agreement by be terminated without cause by providing a 30 day notice of termination. Toyota is required to obtain applicable land use permits (e.g., Temporary Use Permit) from the City as a prerequisite to using the property. 2. Toyota is responsible for securing all permits, expenses, and temporary improvements to ready the property for vehicle storage. 3. Toyota shall pay no fee for the initial 18 months of use. Toyota will pay a fee of $8,000 per month thereafter. 4. Permitted Activities are limited to the storage, transport drop-off and pick-up of vehicles. Hours of permitted activities are limited to 8:00 a.m. — 8:00 p.m. Monday — Friday, 10:00 a.m. — 5:00 p.m. for Sundays and Federal Holidays. 5. Toyota will indemnify and insure the Agency and City in the amount of $2,000,000 per occurrence; and provide proof of insurance coverage through an endorsement. 6. Toyota shall not permit any contractors liens on the property due to temporary improvements made thereon. 7. Toyota shall remove all temporary improvements at the Agency's discretion. SUB -COMMITTEE REVIEW: The draft License Agreement was reviewed by the Lower Rosan Ranch sub -committee members. The Lower Rosan Ranch sub -committee members consist of the Agency's Chairman and Vice -Chairman. The Chairman requested the License Agreement contain conditions that Toyota provide sound buffering via landscaping or sound wall at the west property line of their existing store and that their building expansion plans preserve the landscaped slope fronting Camino Capistrano. The language suggested by the sub -committee was essentially an addition to Section 1(d) of the license and a new Exhibit B that reads as follows: "(d.) Consideration/Fee for License. In consideration of improvements Licensee shall make to ready the Property for storage, and for Licensee's assurances that it shall comply with the conditions on Exhibit B attached hereto, there shall be no license fee for the first 18 months....."; and, Agenda Report • - 3 - • September 4, 2007 Exhibit "B" 1. Licensee shall provide sound buffering by landscaping or a sound wall between the rear of its facilities at 33395 Camino Capistrano and the Mobile Home Park adjacent to Property. 2. Licensee agrees to preserve the natural hillside that fronts Camino Capistrano at its dealership facility when it completes the proposed construction of its new parking and service facility at that location. Toyota adamantly opposes the proposed sub -committee conditions within the License Agreement. They believe the request for inventory storage relief is an independent matter from the expansion plans at the existing store. Toyota stated they could not agree to terms requiring the financing of an undefined sound buffer. Additionally, it has been noted these land use issues can be specifically addressed by the Planning Department and Planning Commission as part of Toyota's application for this project. In light of Toyota's opposition, staff is presenting the attached license agreement without reference to these two planning issues for the Board's consideration. The sub- committee is recommending at this time that the Board make note of these issues and direct that these issues be focused upon and addressed during the Planning development review process. FINANCIAL CONSIDERATIONS: Estimated costs for permits and improvements to ready the site for storage use range from $250,000 to $1 M. The variance is attributable to the unknown requirements which may be placed upon the project through the review process. Toyota has requested 18 - months no fee use to amortize their expenses to prepare the property for use. Beginning on the 19th month a fee of $8,000 per month is to be paid within 5 days of the beginning of the month. Licensee's failure to pay license fee by the 10th day of the month will result in a late charge of 10% NOTIFICATION: Mike Kahn, Toyota/Scion of San Juan" Nick Konopisos, Toyota/Scion of San Juan' Michael Pacheco, Automotive Investment Group` Warren Watkins, Avenida Aeropuerto, LLC Capistrano Valley Mobile Estates Residents " Received Agenda Report, notification handled by the City Manager's Office Agenda Report • -4- RECOMMENDATION: 4 - RECOMMENDATION: • September 4, 2007 By motion, approve the License Agreement with Toyota/Scion of San Juan for Temporary Vehicle Storage on a Portion of Lower Rosan Ranch - APN 121-240-73; 121-253-13 and 121-253-15. Respectfully submitted, Douglas . Dumhart Economic Development Manager Attachment 1. License Agreement with Toyota/Scion 0 0 LICENSE AGREEMENT FOR TEMPORARY VEHICLE STORAGE THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of September 4, 2007 by and between the San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic, hereinafter, ("Licensor"), and Superior Auto of SJC, LLC, dba, Toyota/Scion of San Juan Capistrano, hereinafter, ("Licensee") sometimes referred to together as the ("Parties"). WITNESSETH WHEREAS, Licensor is the owner of certain unimproved real property located between the Orange County Transportation Authority railroad tracks and the Orange County flood control channel and north of Stonehill Drive in the City of San Juan Capistrano, County of Orange, State of California, commonly referred to as APN 121- 240-73; 121-253-13, and 121-253-15, hereinafter, ("Property"); and, WHEREAS, Licensee anticipates the development of permanent improvements at his auto dealership which will require the displacement of vehicle inventory during construction; and, WHEREAS, Licensee has a need for temporary storage yard for new vehicle inventory; and, WHEREAS, Licensee desires using portions of the Property and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, to facilitate the temporary storage of inventory, hereinafter, ("Permitted Activities") as described in Section 1 (d.) below; and, WHEREAS, Licensor desires to grant Licensee permission to engage in said Permitted Activities upon its Property, subject to Licensee obtaining required City of San Juan Capistrano ("City") land use and CEQA environmental approvals, NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Establishment of License Provisions. (a) Grant of License. On the terms and subject to the conditions set forth in this Agreement Licensor hereby grants to Licensee and its representatives and agents a non-exclusive revocable license to enter upon the Property for "Permitted Activities" subject to the conditions set forth in this Agreement. This Agreement is intended to create a temporary license and shall not be deemed to create an easement, irrevocable license, lease or a fee interest in the Licensor's Property. Page 1 of 8 ATTACHMENT 1 0 • (b) Planning Land Use Entitlements as Condition Precedent. The use of the property under the "permitted uses" provision of this Agreement is subject to Licensee obtaining a Use Permit and any other applicable applicable land use permits under City's zoning title of the Municipal Code. Further, Licensee shall be subject to compliance with the California Environmental Quality Act through the City's processing of the required land use entitlements applicable to the permitted uses authorized under this agreement. (c) Term of License Agreement. This Agreement shall take effect upon the date of approval first above written. Thereafter, Licensee shall have a period of one (1) year to secure applicable City land use approvals and other federal and state regulatory agencies. Licensee may request extensions of time from the Licensee's Agency Board based upon a showing of necessity for obtaining more time to complete regulatory processing requirements. The request for an extension of time shall not be unreasonably withheld. When Licensee has secured all necessary governmental approvals and completed the improvements necessary to initiate begin operation of permitted uses, the minimum period of time Licensee shall have to conduct the permitted uses shall be for a period of eighteen (18) months. Upon conclusion of the eighteenth month of operation, Licensor shall have the right to unilaterally terminate the license agreement without cause by giving Licensee advance 30 days written notice of termination. Termination of the Agreement shall in no way prejudice any of the rights and remedies available to Licensor at law or in equity, and Licensee acknowledges and agrees that all of the obligations and responsibilities of Licensee under this Agreement shall continue and survive such termination. (d) Permitted Activities. Licensee is authorized to prepare the land to receive and store new vehicle inventory subject to securing all requisite governmental permits as noted above. Preparation of the site includes, but are not limited to, minor grading for earthen access ramp, creating a level useable 4 acre pad, and proper drainage. Temporary improvements include, but are not limited to, gravel base for inventory parking area and access ramp, security fencing and lighting, and minor directional signage for delivery personnel. On-going operational activities are limited to the transport, drop-off and pick-up of vehicle inventories from 8:00 am to 8:00 pm Monday through Saturday and 10:00 am to 5:00 pm on Sundays and Federal Holidays. Dealership preparation, wash down and/or detailing is not a permitted activity. (e) Consideration/Fee for License. In consideration of improvements Licensee shall make to ready the Property for there shall be no license fee for the first 18 months. The Licensee shall pay to Licensor a monthly license fee thereafter of eight thousand ($8,000.00) dollars per month beginning on the first day of the 19th month. Payment shall be made within five (5) days of the first of each month. Licensee's failure to pay license fee by the 10`" day of the month will result in a late charge of 10%. License fee and other payments shall be paid by Licensee to Licensor at Licensor's notice address set forth herein. Page 2 of 8 0 • Section 3. Termination Default & Restoration of Land To Oriainal Condition. (a) Termination Without Cause. As set forth in Section 1(c), this Agreement may be terminated by Licensor without cause upon expiration of the eighteenth month period of Licensee's usage of the property for authorized permitted uses described in section 1(d). (b) Default and Cure Provisions. In addition, Licensor shall have the right to terminate this Agreement upon Licensee's default. "Default" means the failure of Licensee to perform any term, condition, covenant or agreement of this Agreement, and the continuation of such failure for a period of ten (10) days after Licensor shall have given Licensee written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within thirty (30) days, if Licensee shall not promptly, within thirty (30) days after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time, and diligently pursue the same to completion. In the event of any default by Licensee, including expiration of any applicable cure period, Licensor may terminate the Agreement by any lawful means available in law or equity. These same provisions shall apply in the event of default by Licensor. (c) Restoration of Land to Original Condition Upon License Termination. Upon termination of the Agreement, Licensee shall be responsible for removing all improvements it has placed upon the land in instituting its permitted uses, unless Licensor elects to accept some or all of said improvements. Licensee shall promptly initiate and exercise due diligence in removing said improvements until all improvements have been removed. Section 3. Compliance with Laws. Licensee's rights hereunder shall be conditioned upon, and 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 City Parcel or any portion thereof, each as currently existing and as amended, enacted, issued or adopted from time to time, that are applicable to the construction and use of the parking lot on the City Parcel. Nothing herein shall be construed to give Licensee any approvals normally required under the City's ordinances or local regulations. Any approvals normally required for any lighting, grading, drainage, or other issues shall be processed by Licensee and City as otherwise handled. Section 4. No Duty to Warn. Licensor has no duty to inspect the Property 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 the Page 3 of 8 0 0 Property. Licensee has inspected or will inspect the Property and hereby accepts the condition of the Property "As is." Licensee acknowledges that neither Licensee nor any employee, agent or representative of Licensee has made representations or warranties concerning the condition of the Property. All persons entering the Property under this License do so at their own risk. Section 5. Permits and ADDrovals: Standard of Work At its sole cost and expense, Licensee shall obtain all governmental permits and authorizations required in order to engage in the Permitted Activities. Licensee shall comply, and shall cause its agents and representatives to comply, with all laws, codes, rules, regulations and permits applicable to the Permitted Activities. All Permitted Activities shall be performed in accordance with the highest standards and practices in the industry. Section 6. Indemnification Licensee shall indemnify, defend, protect and hold San Juan Capistrano Community Redevelopment Agency its appointed officials and employees, City of San Juan Capistrano and its elected and appointed officials and employees, and any of their agents harmless from and against all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees and costs) caused by or arising in connection with the Permitted Activities and the entry onto the Property by Licensee and/or its guests, invitees, agents, and representatives. Licensee's indemnification and defense obligations pursuant to the foregoing shall apply to, without limitation: (i) personal injury, property damage and nuisance; (ii) any liens, claims, demands, actions or suits arising from the Permitted Activities; and (iii) any costs of enforcement of any provision of this Agreement. Section 7. Liability for Damage With respect to Licensee's rights under this Agreement, Licensee shall be responsible for any damage done to any person, or to the City Parcel or any other property, caused by Licensee, the officers, directors, employees, agents, independent contractors, insurers, lenders, representatives, successors or permitted assigns of Licensee, and the other users. Section 8. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Comprehensive General Liability. Throughout the term of this License, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: Page 4 of 8 0 • $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. ii) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Licensee's general liability and umbrella liability policies to the Licensor's General Counsel for certification that the insurance requirements of this License have been satisfied. iii) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to San Juan Capistrano Community Redevelopment Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 9. Liens. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's, contractors' or subcontractors' liens due to Licensee's construction activities thereon or use thereof. Licensee shall indemnify, defend and hold Licensor harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys' fees, related to same. In addition to and not in limitation of Licensor's other rights and remedies under this Agreement, should Licensee fail either to discharge any lien or claim related to Licensee's construction activities on or use of the Property or to bond for any lien or claim to the reasonable satisfaction of Licensor, or to indemnify, hold harmless and defend Licensor from and against any loss, damage, injury, liability or claim arising out of Licensee's use of the Property, then Licensor, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys' fees incurred in doing so shall be paid to Licensor by Licensee upon written demand, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid through and including the date of payment by Licensee. Section 10 Notices. Any notices required to be given under this License Agreement shall be sent to the following parties by either fax transmission or first class mail postage prepaid as follows: Page 5 of 8 0 To LICENSOR: San Juan Capistrano Community Redevelopment Agency Attn: Redevelopment Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Fax Number (949) 488-3874 Section 11. Entire Agreement. 0 To LICENSEE: Superior Auto of SJC, LLC dba Toyota/Scion of San Juan Capistrano Attn: Mike Kahn or Nick Konopisos 610 Newport Center Drive, Suite 840 Newport Beach, CA 92660 Fax Number (949) 467-2773 This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. Section 12. 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 13 Successors and Assigns. Licensee may not assign any of its rights under this Agreement, either voluntarily or by operation of law, without San Juan Capistrano Community Redevelopment Agency's prior written consent. No assignment by Licensee shall release Licensee from any liability under this Agreement unless otherwise provided by written agreement of the parties. Section 14. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Section 15. Authority. Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom its purports to sign. [Signatures on next page] Page 6 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. LICENSOR: Attest: San Juan Capistrano Community Redevelopment Agency, a public body corporate and politic Margaret R. Monahan, Agency Secretary Approved as to Form: JohnSh w, Agency Counsel Mark Nielsen, Chairman LICENSEE: Superior Auto of SJC, LLC dba: Tovota/Sci6n of San,. Page 7 of 8 President 0 Exhibit "A" 9 DESCRIPTION OF PROPERTY UNDER LICENSE Portions of APN 121-240-73; 121-253-13 and 121-253-15 consisting of approximately 4.0 acres as identified on the attached site plan. Page 8 of 8 0 From: Douglas Dumhart Sent: Wednesday, September 05, 2007 5:27 PM To: Meg Monahan Subject: FW: 09-04-2005 Meeting Recaps attached. Toyota concurs with the Board revisions. -----Original Message ----- From: Nick Konopisos [mailto:nkonopisos@concapllc.net] Sent: Wednesday, September 05, 2007 4:27 PM To: Douglas Dumhart Subject: RE: 09-04-2005 Meeting Recaps attached. Thanks! Nick Konopisos EVP Convergence Capital, LLC (949) 307-1624 (mobile) (949) 467-2763 (office) nkonopisos@concapllc.net website: http://www.concapllc.net -----Original Message ----- From: "Douglas Dumhart"<DDumhart@SanJuanCapistrano.org> To: "Nick Konopisos (nkonopisos@concapllc.net)" <nkonopisos@concapllc.net> Sent: 9/5/07 4:22 PM Subject: FW: 09-04-2005 Meeting Recaps attached. Nick, you were right they settled on 5:30 pm for delivery trucks. Attached please find the meeting recap and License Agreement modified according to the minute action. Please respond to this e-mail in the affirmative if you find the changes in the License according to the conditions of the Board action. Respectfully, Douglas. -----Original Message ----- From: Meg Monahan Sent: Wednesday, September 05, 2007 2:37 PM To: Douglas Dumhart; Subject: 09-04-2005 Meeting Recaps attached. 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#80 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #83 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #86 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #66 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #69 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #72 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #75 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #78 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #81 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #84 San Juan Capistrano, CA 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Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #100 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #103 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #106 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #109 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #112 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #115 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #95 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #98 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #101 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #104 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #107 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #110 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #113 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #116 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #96 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #99 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #102 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #105 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #108 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #111 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #114 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #117 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #118 #119 #120 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident • • Capistrano Valley Mobile Estates Resident Resident 26000 Avenida Aeropuerto, Space Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates #121 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space San Juan Capistrano, CA 92675 #122 #123 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #124 #125 #126 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #127 #128 #129 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #130 #131 #132 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #133 #134 #135 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #136 #137 #138 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #139 #140 #141 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #142 #143 #144 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #145 #146 #147 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #148 #149 #150 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident • • Capistrano Valley Mobile Estates Resident Resident 26000 Avenida Aeropuerto, Space Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates #151 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space San Juan Capistrano, CA 92675 #152 #153 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #154 #155 #156 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #157 #158 #159 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #160 #161 #162 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #163 #164 #165 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #166 #167 #168 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #169 #170 #171 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #172 #173 #174 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #175 #176 #177 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #178 #179 #180 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident • Capistrano Valley Mobile Estates Resident 26000 Avenida Aeropuerto, Space Capistrano Valley Mobile Estates #181 26000 Avenida Aeropuerto, Space San Juan Capistrano, CA 92675 #182 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #184 #185 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #187 #188 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #190 #191 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #193 #194 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #196 #197 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #199 #200 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #202 #203 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #205 #206 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Resident Capistrano Valley Mobile Estates Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space 26000 Avenida Aeropuerto, Space #208 #209 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 0 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #183 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #186 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #189 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #192 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #195 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #198 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #201 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #204 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #207 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #210 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #211 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #214 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #217 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #220 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #223 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #226 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #229 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #232 San Juan Capistrano, CA 92675 Richard D. Jones Attorney at Law 18552 MacArthur Blvd., Suite 210 Irvine, CA 92612 U Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #212 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #215 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #218 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #221 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #224 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #227 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #230 San Juan Capistrano, CA 92675 0 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #213 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #216 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #219 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #222 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #225 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #228 San Juan Capistrano, CA 92675 Resident Capistrano Valley Mobile Estates 26000 Avenida Aeropuerto, Space #231 San Juan Capistrano, CA 92675 Mr. Watkins Pam Lytle Capistrano Valley Mobile Estates Landmark Commerical 26000 Avenida Aeropuerto, Manager's 27211 Ortega Highway, Suite A Office San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Lee W. Phelps 6754 Spencer Street, Las Vegas, NV 89119 Douglas McCafferty 33702 Bridgehampton Dr., Dana Point, CA 92629 Wit Muller Warren Watkins Geoff Hirson Muller Commercial Real Estate 418 Matheson, SJ RV and Truck 32332 Camino Capistrano, Suite 104 Healdsburg, CA 95448 32592 Valle Road, San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 0 0 James Silvewood Kevin Kirby Steve Batcheller Affirmed Housing Group CBRE Panattoni Development Co. 43460 Ridge Park Dirve, Suite 200-E 3501Jamboree Road, Suite 100 34 Telsa, Suite 200 Temecula, CA 92590 Newport Beach, CA 92660 Irvine, CA 92618 Mike Kahn Superior Automotive Group 610 Newport Center Drive, Suite 840 Newport Beach, CA 92660 Dave Pinto Lincoln Property Company 19600 Fairchild Road, Suite 285 Irvine, CA 92612 Jim Cunningham Grubb & Ellis 4675 MacArthur Court, Suite 1600 Newport Beach, CA 92660 Peter Ganahl Ganahl Lumber 1220 East Ball Road, P.O. Box 31 Anaheim, CA 92805 Robert Olsen R.D. Olsen Development 2955 Main Street, 3rd Floor Irvine, CA 92614 Kurt Flemming Knightsbridge Realty Capital 170 Newport Center Drive, Newport Beach, CA 92660 George Caravello Director Dana Point Harbor Dept. 24650 Dana Point Harbor Dr., Dana Point, CA 92629 David Nahas Veloce Partners, Inc. 31022 Via Limon, San Juan Capistrano, CA Jon Alpert Waterworks Aquatics 25 Waterworks Way, Irvine, CA 92618 Shaheen Sadeghi The LAB, Inc. 709 Randolph Avenue, Costa Mesa, CA 92626 Scott C. Frazier CBRE 2125 East Katella Avenue, Suite 100 Anaheim, CA 92806 Scott Looney Metro Commercial Realty Corp. 227 20th Street, Suite 100 92675 Newport Beach, CA 92663 Scott Newcomb The Olsen Company 3020 Old Ranch Pkwy., Suite 400 Seal Beach, CA 90740-2751 Kurt Bruggerman Lee and Associates 7700 Irvine Center Drive, Suite 600 Irvine, CA 92618 Darin A. Peterson Jeffrey Simonds Southland Development Company Voit Commercial Brokerage 15 Enterprise, Suite 130 2020 Main Street, Suite 100 Aliso Viejo, CA 92656 Irvine, CA 92614 Dr. Rajesh J. Kadadia 910 S. EI Camino Real, San Clemente, CA 92672 Michael Pacheco AIG 1550 E. Missouri Avenue, Suite 300 Phoenix, AZ 85014 Tom Erickson Simpson Housing Solutions 320 Golden Shore, Suite 200 Long Beach, CA 90802 Mellanie Ingle Giant RV 9150 Benson Avenue, Montclair, CA 91763