1997-0916_COTTI FOODS CORPOATION_License Agreement` RECORDING REQUESTED BY,
MAIL TAX STATEMENTS TO
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in the County of orange,
Gary L. Granville Gal lfornia
Clerk/Recorder
1991056@356 1:16pm 11/07/97
005 2005084 02 19
R12 9 6.00 24.00 0.00 0.00 0.00 0.00
LICENSE AGREEMENT FOR
RECIPROCAL ACCESS RIGHTS
(ASSESSOR'S PARCELS NO. 124-160-49,
124-160-54, AND 124-160-31, COUNTY OF ORANGE)
This License Agreement (the "Agreement") is made this 16� day of
4zp grYlkler , 1997, by and between the SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Licensor"), and
COTTI FOODS CORPORATION, a California corporation, and STROSCHER RANCH,
a California general partnership (hereinafter collectively referred to as "Licensee"),
RECITALS:
WHEREAS, Stroscher Ranch owns certain real property more commonly known as
31771 Del Obispo Street, San Juan Capistrano, and legally referred to as Assessor's Parcel
Nos. 124-160-49 and 124-160-54 ("the Property"); and
WHEREAS, Cotti Foods plans to lease the Property from Stroscher Ranch for the
development of the Property for commercial purposes; and
WHEREAS, in order to ease congestion on Del Obispo, Licensor and Licensee shall
enter into this Agreement as a condition of being issued permits to improve the Property; and
WHEREAS, Licensor and Licensee desire to enter into this License Agreement for
the purpose of allowing Licensee to construct an access driveway upon certain real property
owned by Licensor, legally referred to as Assessor's Parcel No. 124-160-31; and
WHEREAS, the purpose of the access driveway is to allow vehicular access to and
from Licensor's and Licensee's property and to promote the reduction of traffic on Del
Obispo Street; and
WHEREAS, the location and nature of improvements comprising the access driveway
is set forth in Exhibit "A," attached hereto and incorporated herein by reference; and
cAwpwin60\wpdo \agw\sto he.ag -1- 09/05/97
0 0
NOW, THEREFORE, BE IT MUTUALLY RESOLVED between Licensor and
Licensee as follows:
Section 1. Grant of Licenses.
(a) Licensor hereby grants to Licensee a license for the purpose of allowing
Licensee the right to construct a twenty -foot (20') access driveway on Licensor's parcel, as
identified on Exhibit "A." The access driveway shall consist of six-inch (6") concrete curbs
and gutters and a paved, asphaltic concrete surface. The purpose of this license will be to
allow public, vehicular traffic to reciprocally access both parcels in order to promote internal
circulation within both parcels and to promote the reduction of traffic on Del Obispo Street.
(b) Licensee also hereby grants a license to Licensor to allow Licensor's patrons
and the public to access Licensee's parcel from Licensor's parcel to promote internal
circulation as identified in subpart (a).
(c) Licensor also hereby grants a temporary construction license to Licensee, its
agents, assigns, and contractors, for the construction of the access driveway over and across
that portion of Licensor's parcel as identified in Exhibit "A."
(d) There shall be no compensation paid by any of the parties to this Agreement
in the establishment of these licenses.
Section 2. Design and Construction of Improvements.
(a) Cost and Nature of Work. Licensee Cotti, at its expense, shall construct the
access driveway improvements in accordance with the site plan and working drawings and
specifications for the improvements on file with the City of San Juan Capistrano and any
other plans and specifications for the improvements herein after prepared by an architect or
civil engineer duly licensed in the State of California so as to provide a two-way access
between the subject parcels.
(b) Due Date for Completion of Work. The access driveway shall be completed
prior to the issuance of a certificate of occupancy for the Taco Bell restaurant to be
constructed on the Property by Cotti Foods Corporation.
(c) Contractor Bond Requirements. Licensee Cotti shall require its contractor to
carry faithful performance and labor and materials bonds equal to One Hundred Percent
(100%) of the work prior to the work beginning.
(d) Future Maintenance Obligations. Each party shall be responsible for
maintaining that portion of the access driveway located on its property in a good, clean and
safe condition.
cAwpwin60\v1x1 c \V=\%rosche.agr -2- 09/05/97
9 0
Section 3. Term and Termination.
This Agreement shall remain in full force and effect until such time as mutually
rescinded by the parties to this Agreement, except that Licensor reserves the sole and
complete right to close the access driveway without cause upon giving thirty (30) days'
advance written notice to Licensee. Licensor shall bear no repayment obligation for access
driveway costs in the event of such termination.
Section 4. Successors and Assigns.
This Agreement shall be binding upon the successors and assigns of the parties hereto.
Section 5. Resolution of Disputes.
In the event of a dispute between the parties, each agrees to fust formally meet and
confer regarding the matter. If the dispute cannot be resolved through a meet and confer
session, the matter will then be referred to non-binding mediation. If non-binding mediation
is not successful, the parties shall determine in writing whether binding arbitration is
appropriate. Thereafter, judicial remedies shall be available to resolve the dispute.
Section 6. Insurance and Indemnity.
(a) Insurance. Each party shall carry general liability insurance coverage in an
amount of not less than Five Hundred Thousand Dollars ($500,000) per occurrence.
(b) Indemnity. Each party shall mutually indemnify, save, and defend each other
from and against any and all claims, demands, suits, actions, or proceedings of any kind or
nature, for damages to property or injuries to or death of any persons arising out of each
party's respective performance of its rights and obligations under this Agreement.
Section 7. Stroscher Ranch Obligations.
Obligations of Licensee Stroscher Ranch under this Agreement are limited and
restricted only to the following below -stated obligations notwithstanding any other provision
of this Agreement:
(a) Stroscher Ranch agrees and consents to Licensee Cotti's undertaking of the
various obligations under this agreement in allowing reciprocal access on the subject
property;
(b) With respect to the reciprocity of access rights running with the land provision
set forth in Section 4 and the termination provisions of Section 3, Stroscher Ranch reserves
the right to modify or repeal access onto his parcel in the event that a new lessee, other than
cAwpwuM\wpdo yip \atraedhe.agr -3- 09/05/97
0
0
Cotti's successor in interest to Corti's lease, proposed a different business use. In such case,
Stroscher Ranch shall fust notify City that he intends to lease to such a party and shall
exercise his best efforts to develop with City a mutually acceptable alternative to achieving
an efficient circulation plan for the property in conjunction with City's use of its parcel.
Section 8. Notices.
Any notice required to be given under this Agreement shall be given by first class
mail, postage prepaid. The addresses of the parties are:
Licensor:
San Juan Capistrano Community Redevelopment Agency
Attn: George Scarborough, Executive Director
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Licensee:
Cotti Foods Corporation
Attn: Peter Capriotti
25 Mauchly, Suite 321
Irvine, CA 92618
Licensee:
Stroscher Ranch
31882 Del Obispo Street
San Juan Capistrano, CA 92675
//
//
//
//
//
//
//
//
//
c:Twpw-G0\wpdo \agr«\W—he.aW -4- 09/05/97
IN WITNESS WIIEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ATTEST:
&ZZ 411
Cheryl Johnson, Ageno Secretary
APPROVED AS TO FORM:
John R. Shaw, Agcy Counsel
Licensor:
SAN JUAN CAPISTRANO
COMMJ.U%UTY REDEVELOPMENT AGENCY
Executive Director
Licensee Cotti:
COTTI FOOM CORPORA
M.
, President
Licensee Stroscher Ranch:
Owpwvn6o\wpdo gag \Ozoscha.ag -5- 09/05/97
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On S�6�7—, /S , 1997, before me, Rr A EhW, rx,1 . personally appeared
{4r7w,e CIa pl a fiy zc , personally kn6wn to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/w subscribed to the within instrument
and acknowledged to me that helske/hey executed the same in his/14eFAh6r authorized capacity(ies),
and that by hivlwn"r signature(s) on the instrument, the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
rte/
• •is'P: •
COMMAS 1088787 s
l *0=C�1hmu N
MY RAtbI11iN71NBE C4UNT1�
c:\wpwia604pd-1ag-1st- c6e.agr -6- 09/05/97
0 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On October 22. 1997 before me, Cheryl Johnson
City Clerk, personally appeared Ted Stroscher
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
Capacity Claimed by Signer
Title
Signer is Representing
Stroscher Ranch
OPTIONAL
Description of Attached Document
License Agreement for Reciprocal Access
Riehts - AP 124-160-49. 124-160-54,
124-160-31
Title or Type of Document
Five
Number of Pages
September 16. 1997
Date of Document
Signer(s) Other Than Named Above
V,
is
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On October 15. 1997 , before me, Cheryl Johnson ,
City Clerk, personally appeared - - - George Scarborough - - -
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that be executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
OPTIONAL
Capacity Claimed by Signer
Municipal Corporate Officer
Executive Director
Title
Signer is Representing
San Juan Capistrano Community
Redevelopment Agency
Description of Attached Document
License Agreement for Reciprocal Access
Rights - AP 124-160-49. 124-160-54 &
124-60-31
Title or Type of Document
Number of Pages
September 16. 1997
Date of Document
Signer(s) Other Than Named Above
EI Camino Real _
WID
a0
CD
m
rN
EXHIBIT "A"
W
Mti
m
CD
CD
o °<'
n
� r
m
Q
WID
a0
CD
m
rN
EXHIBIT "A"
W
Mti
- S
S
5 � I bgmemru
I'll 11 'A' RAN IA1111�1111 7
C
I (ITY of SAV IL1F tAPlS1pANOi
San Juan Capistrano
Community
Redevelopment
Agency
November 3, 1997
Mr. Peter Capriotti
Cotti Foods Corporation
25 Mauchly, No. 321
Irvine, California 92618
'4• .-u-�"904411,.
Dear Mr. Capriotti:
At their meeting of September 16, 1997, the San Juan Capistrano Community
Redevelopment Agency Board of Directors approved the License Agreement for
Reciprocal Access Rights between the Agency, Cotti Foods and Stroscher Ranch,
providing for construction of an access driveway on Agency -owned land to allow
mutual circulation between the Agency property and the proposed Taco Bell
property.
The License Agreement has now been fully -signed and forwarded to the Orange
County Recorder's Office. A fully -signed copy of the Agreement is enclosed for
your files.
Please feel free to contact the City Attorney if you have any questions.
Very truly yours,
Cheryl Johnson
Agency Secretary
Enclosure
cc: Ted Stroscher
32400 Paseo Ade&& Attorney
San Juan Capistrano
California 92675
714 - 493-1171
2.
0
ordered received and filed.
of $268,115.24, was
3. CONSIDERATION OF LICENSE AGREEMENT FOR RECIPROCAL ASSESS
RIGHT (COTTI FOODS/STROSCHER RANCID (600.40)
As set forth in the Report dated September 16, 1997, from the Agency Counsel, the License
Agreement for Reciprocal Access Rights between the Agency, Cotti Foods and Stroscher
Ranch was approved calling for Cotti Foods to construct a 20 -foot access driveway on
Agency -owned land to allow vehicular access to and from the proposed Taco Bell restuarant
at 31771 Del Obispo Street, and Agency property, known as Assessor Parcel No.
124-160-31. Construction of the access driveway was intended to reduce traffic on Del
Obispo Street. The Executive Director was authorized to execute the Agreement and make
any future minor changes, if necessary.
None
WrIl ul:a"
There being no further business before the E
regular meeting date of Tuesday,October
the meeting was adjourned at 7:20 p.m. to the next
17, at 5:00 p.m., in the City Council Chambers.
submitted,
ATTEST:
ULM
CRA Minutes -2- 9/16/97
w
AGENDA ITEM
TO: Chairman and Board of Directors
San Juan Capistrano Community Redevelopment Agency
FROM: John R. Shaw, Agency Counsel
September 16, 1997
SUBJECT: Proposed License Agreement for Reciprocal Access Rights Between Agency, Cotti
Foods, and Stroscher Ranch
RECOMMENDATION:
Approve License Agreement for Reciprocal Access Rights and authorize Executive Director to
execute the Agreement; and further authorize Executive Director to make any minor changes to the
Agreement in the event further changes are necessary.
SITUATION:
Previously, Cotti Foods Corporation ("Cotti") received from the City land use approvals to construct
a Taco Bell facility located at 31771 Del Obispo Street. Stroscher Ranch ("Stroscher") owns the
property and has leased this property on a long term basis to Cotti.
A condition of approval for this project is that Cotti enter into a License Agreement with the
Redevelopment Agency, wherein Cotti agrees to construct a driveway access on the Agency -owned
land for the purpose of allowing mutual circulation access between the two parcels. As the
Agreement recites, this is for the purpose of promoting the reduction of traffic on Del Obispo Street.
The License Agreement has been drafted by this office and provides the following to implement this
concept:
Corti shall, at its expense, construct a 20 -foot access driveway on the Agency -owned
parcel;
2. Each party will grant a reciprocal access right to access each of the parcels;
No rental compensation shall be paid;
4. The term of the License shall be in perpetuity unless (i) mutually rescinded, (ii)
terminated by the Agency for public policy reasons, or (iii) terminated due to change
in land use on the Corti parcel.
FOR CITY COUNCIL AGENZXr
cry
�'s
r
Agenda Item -2- September 16, 1997
5. Stroscher is a party to the Agreement mainly for purposes of consenting to the
reciprocal access arrangement.
COMMISSIONBOARD RE'V'IEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
None.
NOTIFICATION:
Cotti and Stroscher have agreed to the terms of the Agreement.
ALTERNATE ACTIONS:
1. Approve License Agreement.
2. Do not approve License Agreement.
3. Request additional information from staff
RECOMMENDATIONS:
Approve License Agreement for Reciprocal Access Rights and authorize Executive Director to
execute the Agreement; and further authorize Executive Director to make any minor changes to the
Agreement in the event further changes are necessary.
R. 9)< M
Y Counsel
Attachments: License Agreement for Reciprocal Access Rights
VENDOR NUMBER
I VENDOR NAME
@ft Olf Saitz ny C"^W"
ORCOS
ORANGE COUNTY RECORDER'S OFFICE
INVOICE'
CODE
DATE
REFERENCE
INVOICE AMOUNT
DISCOUNT AMOUNT PAID
1023970C
10-30-97
RECORDING/CONFORMED COPY FEE
$32.00
$32.00
Detach and Retain This statement. The attached check
a in payment of Items Described above.
B . Debit memo, C . Credh memo]
&A-tv 0i &M QIUAW 690h&O"
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92676
A ■
UNION BANK OF CALIFORNIA
San Juan Capistrano Office 072883
31971 Camino Capistrano No.
San Juan Capistrano, CA 92675
16-49/1220
i
CHECK DATE PAY EXACTLY
Pay THIRTY TWO AND 00/100 -----------------dollars 10-30-97**********
TO THE
ORDER OF A
ORANGE COUNTY RECORDER'S OFFICE i
P.O. BOX 238 ;
SANTA ANA, CA. 92701 iiw. /ilii nelle wl/Yt6'X�n
11'07 28113112 1: 12 20004961:04 S 200039 Lila
r
,I I �' MEMBERS OF THE CITY COUNCIL
COLLET CAMPBELL
/ JOHN GREINER
Y� mnxraxxm WYATT HART
1 ESIHLLIx[a 1961 GIL JONES
1776 DAVID M. SWERDLIN
/� CITY MANAGER
\`_ � � ��� GEORGESCARBOROUGH
November 3, 1997
Clerk -Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92701
Gentlemen:
The following document is enclosed for recordation:
License Agreement between CRA, Corti Foods and Stroscher Ranch for Reciprocal
Access Rights - AP No. 124-160-49, -54, and -31
A check in the amount of $32 has been enclosed to cover recording and conformed copy fees.
When placed of record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording
on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your
earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
Recorded in the county of orange, california
Gary L. Granville, Clerk/Recorder
19970568356 1:10 11/07/97
005 2005084 02 19
Al2 9 6.00 24.00 0.00 0.00 0.00 0.00
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171