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17-0704_SOUTH COAST INVESTORS II, LLC_Second Amendment to Development AgreementRECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WHEN RECORDED, MAIL TO: Maria Moms, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Government Code §§27383, 6103 City of San Juan Capistrano Recorded in Official Records, Orange County Hugh Nguyen, fCflelrkf-R Clerk -Recorder NO FEE if S1[iiRJii�i«f{i��i�if�iiiiii�i�����l�Ii��fl�li���I��IIIII�II�I�II�III 2017000323105 3:03 pm 08/04/17 175 415 A17 8 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 This Space for Recorder's Use Only Second Amendment to Development Agreement for the Plaza Banderas Hotel and Mixed Use Project, Between the City of San Juan Capistrano and South Coast Investors 11, LLC t� 7 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS, II, LLC This Second Amendment to the Development Agreement for the Plaza Banderas Hotel and Mixed Use Project (the "Second Amendment'), is entered into between the City of San Juan Capistrano, a municipal corporation ("City"), and South Coast Investors ll, LLC ("Owner"). City and Owner are referred to collectively within this Amendment as the "Parties." RECITALS A. Owner owns the real property within the City (the "Property"), which is described and shown on Exhibit "A" and Exhibit "B" to this Amendment. The Property represents the 3.18 -acre development project located at 26891 Ortega Highway (Assessor Parcel Numbers 124-170-12, 14, 15, & 16) known as the "Plaza Banderas Hotel and Mixed Use Project' (the "Project"). B. In 2011, City and Owner's predecessor -in -interest, Stroscher G3, LLC, entered into a Development Agreement for the Project ("Development Agreement"). C. In 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to South Coast Investors ll, LLC. D. In 2016, the City Council approved the first amendment to the Development Agreement, extending the term of the Development Agreement from August 3, 2016 to August 3, 2017. E. The Parties have now agreed to a second extension of the Term of the Development Agreement to August 3, 2018, pursuant to Section 2.3 thereof. F. This second extension was approved by the City Council by ordinance on <(uhz to 2017. AGREEMENT The Parties agree as follows: Section 1. Pursuant to Section 2.3 of the Development Agreement, the term of the Development Agreement is extended for one year, to and including August 3, 2018. Section 2. Except as so modified, all provisions of the Development Agreement shall remain in full force and effect. This Second Amendment has been signed as of �- �.Q 2017, the effective date of the ordinance approving this Second Amendment. [Signatures on following page] SIGNATURE PAGE TO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC "City" City of San Juan Capistrano, a municipal corporation ay �-, Approve as to Form 'g / City Attorney "Owner" South Coast Investors II, LLC PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July 20, 2017, before me, Maria Morris, City Clerk, personally appeared Kerry K. Ferguson. Mayor and Jeff Ballinger, City Attorney, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the Foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor City Attorney Title Signer is Representing City of San Juan Capistrano and official seal. Clerk Description of Attached Document Title or Type of Document Second Amendment to Development Agreement for the Plaza Ilunderas Hotel and Mixed Use Project, Between the City of San Juan Capistrano and South Coast Investors II, LLC A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ay. On -: �v`e 1L , 201 before me, Yin - Cov\re�j aerry , Notary Public, personally appeared 1J i k1k4 N C riFFI+ 1, who pr ed to me on the basis of satisfactory evidence to be the person(X) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 'ay M. CONROY BERRY ,^ /t 2Commission No. 2040M Signature VVl c�....,��..B.....� f+l. NOLMY PUBUC4K1FORNU OMNGE COUBIY (seal) CP Spires BEPTENYBER 8. Mfr j , moi• — t� r. .. r - - � � - K. .� .+.+......r.,..,...... w.�..•.. Hr,. H.w..NLa�rh+Nrp a naia:simmaZ, e'J, fk-**,' AlIM,0 l�AD•Jl.7Jl�"-Y:;A'C l• . \\r 7 0:1 c >1.01:179E12.9t Vit? rca c:: v"A U�ehYM1�N1.4M.MJMM •�N M��.M�.MM6�N<N�t�Wp.4N� - ' EXHIBIT A & B Legal Description of the Property EXHIBIT `A' - LOT LINE ADJUSTMENT LL 2015 - LLA IS • A4 4- EW DESCRIPTIO CURRENT RECORD OWNER EXISTING PARCELS PROPOSED PARCELS A.P. NUMBERS REFERENCE NUMBERS SOUTH COAST INVESTORS II LIZ POR. LOT 12 OF TRAGI NO.103 A.P. 124-170-12 PARCEL 1 SOUTH COAST INVESTORS U, LLC I POR. LOT 12 OF TRAGI NO.103 A.P. 124-170-12 PARCEL.1 SOUTH COAST INVESTORS II. LLC I POR. LOT 12 OF TRAGI NO. 103 A.P. 124170.12 PARCEL 1 Parcel 1: Page 1 of 2 In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot 12 of Tract No. 103 filed in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County described as follows: Beginning at the southwest comer of said Lot 12, thence along the southerly line of said Lot, South 81'19'47" East 67.38 feet to the northerly line of that certain 80.00 feet strip of land conveyed to the State of California by Deed recorded June 28,1940 In Book 1049, Page 349 of Official Records in said County, said line being parallel with and distant northerly 40.00 feet from the centerline of Ortega Highway as shown on Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43, inclusive of Records of Surveys in the Office on the County Surveyor of said County; thence along said northerly and parallel line the following two courses: 1) South 84043'58" East 4.32 feet, to the being to the beginning of a curve concave northerly having a radius of 960.00 feet, 2) easterly along said curve 69.31 feet through a central angle of 4008'12" to the northwesterly line of the land described as Parcel 1 in the Deed to the State of California recorded November 21, 1957 in Book 4110, Page 520 of Official Records; thence along said northwesterly line the following three (3) courses: 1) North 73002'22" East 119.14 feet to the beginning of a non-tangent curve concave northerly having a radius of 729.69 feet, a radial bearing to said point bears South 08055'33" East, 2) easterly along said curve 144.00 feet through a central angle of 11'18'25", 3) and North 69046'02" East 282.05 feet to the southwesterly line of the land described as Parcel 2 of said Deed recorded In Book 4110 Page 520 of Official Records; thence along said southwesterly line North 58'27'15" West 174.45 feet to the northerly line of said Lot 12; thence along said northerly line; North 84027'02" West 435.39 feet to a point that is distant South 84027'02" East 120.00 fq-4Q6fiW$"west comer of said Lot; thence perpendicular South 05'32'58" West 60.00 feet; EXIIIBIT'A' LOT LINE ADJUSTMENT LL 2015- LLA 15-w4- LEGAL DESCRIPTION) CURRENT RECORD OWNER EXISTING PARCELS PROPOSH)PARCELS A.P. NUMBERS REFERENCE NUMBERS SOUTH C'OASI INViSTORSU LLC: K)R. LDI'12 D1' "TRACT NO. 107 AP. 124.17PI2 PARCEA.I SOUTH COAST INVESTORS II. LLC PUN. LOT I3 OF IRACT NO. 103 A.P. 124-17U 12 PARCEL I SDU TFI COAST INNTSTORS 11. LLC POR. LOT 12 OF TRACT NO. 103 M. 124.I7P12 PARCEL I Page 2 of 2 thence perpendicular North 84'27'02' West 105.22 feel to the west line of said Lot; thence along said west One South 8°17'56' East 240.41 feet to the Point of Beginning. The hearings and distances herein are Per Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43. inclusive of Records of Survcys in the Office on the County Surveyor of said Courcy, the distances were converted from grid to ground for the purpose of this description. Containing an area of 3.098 acres, more or less Note: Them may, be easements of mrmd deluiraied and mfem eed on site undrtfsing maps or them mas be mler meoa,: easement within the arca being adjusted that am not show, nn this danment dmt could encumber sahl bmn-eh heroin As shown on Exhibit "11- attached hereto and by this reference made a pan thereof. This dcumption wa prepared by me in umter my direction. LAND Sr�- L Rdxn L N'hcckr IV. L& 8639 v Sly License EWiru: 12/31MI5 No. 8639 Date: 9) ?� F NO Nwemher Itl, 21115 F CALF WO. 40%-IT' HRA LLA N 1384 By C. Tripi Checked It, R Wheeler Current Record Owner(S) SOUTH COAST INVESTORS II, LLC SOUTH COAST INVESTORS II, LLC SOUTH COAST INVESTORS II, LLC LEGEND REVISED LOT UNE — — LOT LINE TO BE REVISED — — LOT LINE TO REMAIN NOTE VACANT NO STRUCTURES ON SITE LINE TABLE LINE BEARING I LENGTH L1 N81619'4YW 67.38' L2 �% '- I 4.32' L3 EN814043'58"W 2'22'E 119.14' CURVE TABLE CURVE DELTA I RADIUS I LENGTH CI 4°08'12' 1 960.00' 69.31' Exhibit "B" Lot Line Adjustment LLA 2015- .L-L,.5—c0d- (maP) 124-170-12 124-170-14 124-170-15,16 Parcel 1 STATE ROUTE 5 FREEWAY CE1- 081, SHEET 1 OF 1 .% SCALE: 17=100' h � b 11/10/2015 �% '- I PARCEL 1 ��q 7�TION INST. NO. P:w eti�h � QQytio N 40 2015000156891, _� A 0� O.R. o � PIC M. 111/29-33 z POR. LOT 12 Co- V-&- 7 vo Q T R;-4 :: T i0. s03 -ro . ,� a �� 20 2p « X �o 16 APN 124-170-15,16 o t61 � w -+ PARCEL 3 '= INST. NO. $ 0 2015000156891, O.R.�,� Z Ni. 3 PARCEL 1�'�d'°`I a o b, 0 3.098 ACRES N o N N 2!1) R.S. N0. 2009-1078 -- R.S.B. 246/32-43 PCI. 1 r N1�� 41110/52` ! 40' I -p R. got Jw y N ��1, 2 • I � ,�� Q CE1- 081, 20150001569O.R. THIS MAP HAS BEEN PREPARED BY ME OR HI .` rAPN 124-170-14p �% '- I PARCEL 1 ��q 7�TION INST. NO. P:w OBERT L. WHEELER IV, LS 8639 OATE c 2015000156891, o N O.R. o � PIC M. 111/29-33 H&A LLA NO. 1384 DWG BY: R. JESUS CHECKED BY: R. WHEELER I:\Mission Inn SJC\LLA\1384\EXH.B—SHT01.dwg N W 368.21 '17'56 ' EL CWjr4O REAL r� va>7 I z i -P.O.B SW COR LOT 12