Loading...
17-0606_ADVANCED GROUP 99-SJ & 03-79-2 (ARES)_Development Agreement First AmendmentRECORDING 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, Clerk -Recorder 1111111 1111111111111 Nil 1111111111!1111111111111111111111 NO FEE *$ R 0 0 0 9 4 6 6 2 0 T$* 2017000323104 3:03 pm 08/04117 176 416 A17 F13 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 This Space for Recorder's Use Only First Amendment to the Development Agreement for the Distrito La Novia — San Juan Meadows project, Between the City of San Juan Capistrano and Advanced Group 99 -SJ, and Advanced Group 03-79-2 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA — SAN JUAN MEADOWS PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ADVANCED GROUP 99 -SJ, AND ADVANCED GROUP 03.79-2 This First Amendment to the Development Agreement for the Distrito La Novia - San Juan Meadows project is entered into between the City of San Juan Capistrano, a municipal corporation ("City"), and Advanced Group 99 -SJ, and Advanced Group 03-79-2 ("Owner"). City and Owner are referred to collectively within this Amendment as the "Parties." RECITALS A. The owners of the project are also the owners of real property located within the City (the "Property") which is described and shown on Exhibits "A-1" and "A-2" to this Amendment. The Property represents the approximately 154 -acre mixed use residential and commercial project located on two separate sites intersected by La Novia Avenue, which is collectively known as 'Distrito La Novia — San Juan Meadows" and is generally located east of Interstate 5 and Valle Road, southwest of the San Juan Hills Golf Club, south of San Juan Creek Road to La Novia Avenue, and north of Vista Marina to La Novia Avenue "(the "Project"). B. On November 2, 2010, the City Council adopted Ordinance 975 and several subsequent Resolutions approving the project. C. Also on November 2, 2010, the City Council adopted Ordinance 976 approving the Development Agreement for the project. D. In 2011, the project was subject to a referendum by the citizens of San Juan Capistrano that forced a ballot measure asking the voters to consider overturning the City Councils decision to grant a General Plan Amendment for the project. E. In June, 2011, Ballot Measure B was passed by the voters of San Juan Capistrano affirming the City Council's Decision to approve the General Plan Amendment that allowed the project to proceed as approved in 2010. F. In 2011 the owners began working in earnest to put forth a plan to the California Regional Water Quality Control Board (CRWQB) to review and consider the Developer's waste discharge permit request or the post -closure of the Forster Canyon landfill site. G. In December, 2016, the water quality control plan for the proposed project was finally granted approval by the CRWQB. H. On March 14, 2017, the owner informed the City due to the provisions of the Force Majeure clause set forth in Section 12.3 of the original Development Agreement specifically lists referenda among the matters which constitute a Force Majeure delay, and thus the original Development Agreement is automatically extended to June 7, 2017. I. On April 19, 2017, the City Attorney concurred with the owners that the citizen referendum caused a Force Majeure delay for the project, thus extending to Development Agreement to June 7, 2017. J. On April 15, 2017, the owners officially requested an amendment to the original Development Agreement. K. The Parties have now agreed to an extension of the Term of the Development Agreement, pursuant to Section 5 of the recorded Development Agreement. L. This extension was approved by the City Council by ordinance on JLq o (,0 y� , 2017. AGREEMENT The Parties agree as follows: t. Pursuant to Section 5 of the Development Agreement, the term of the Development is extended for a term not to exceed four (4) years from June 7, 2017 to June 7, 2021. Except as so modified, all provisions of the original Development Agreement shall remain in full force and effect. This Amendment has been signed as of, 2017, the effective date of the ordinance approving this Amendment. „city - "Owners" City of San Juan Capistrano, Advanced Group 99 -SJ, a California limited partnership a municipal corporation CityAttorneyy By Name Title Juaaran-, aG +fin V A+4- n, Advanced Group 03-79-2, a California limited partnership 8y 12 Name r{ -en c-sr+s-Jrt. Title o L h.. L-,", ,l 90— City Attorney 0 - 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 Califomia ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 20, 2017, before me, Maria Morris, City Clerk, personally appeared Kerry K. Ferguson. Maver 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. Maria OPTIONAL Description of Attached Document Title or Type of Document First Amendment to the Development Agreement for the Distrito La Navin — San Juan Meadows project, Between the City of San Juan Capistrano and Advanced Group 99-S.1, and Advance Group aJ-79-2 A notary public or other officer wmpleting 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 OFA_/!jam ) Ort--J&,7C- 7 20 before me, �nnH ` , Notary Public, personally appeared V. A146,6 6Fmq"A' , who proved to me on the basis of satisfactory evidence to be the person(s) 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 P un r the laws of the State of California that the foregoing paragraph is true and correct. MANNA C, SCOTT Commission # 2101749 i . u Notary Public - California i Oran0e County -aM Comm. Expires Feb 28, 2019 ------------- (seal) EXHIBIT "A-1" LEGAL DESCRIPTION OF THE DISTRITO PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows: PARCEL 1: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the southeast comer of the land described in the deed to John O. Forster, recorded November 11, 1913 in Book 235, Page 116 of Deeds, in the office of the County Recorder of Orange County; thence North 550 00' 00" East 450 feet to an angle point on the easterly boundary of the land described in said deed; thence North 10 34'23" East 685.15 feet along said easterly boundary; thence North 690 49' 13" West 114.80 feet; thence South 400 20'37" West 197.31 feet; thence South 350 30' 09" West 310.32 feet; thence South 310 51' 20" West 540.09 feet; thence South 320 55' 00" West 113.84 feet to a point on the south line of the land described in said deed, distant South 870 31' 28" East 330.54 feet from the southwest corner thereof; thence South 870 31' 28" East to the Point of Beginning. Except that portion thereof described as Parcel 1 in the deed to the State of California, recorded October 16, 1967 in Book 8404, Page 963 of Official Records of said county. PARCEL 2: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorder of said County and those portions of Parcels 2 and 5 in said City as per map filed in Book 4, Pages 15 of said Record of Surveys, described as a whole as follows: Beginning at a point South 350 30' 09" West 162.01 feet from the northeasterly terminus of that certain course described as South 350 30' 09" West 310.32 feet in the Final Order of Condemnation recorded April 15, 1958 in Book 4268, Page 420 of Official Records; thence North 300 03' 15" East 370.07 feet to a point on a non -tangent curve, concave northerly having a radius of 430.00 feet, a radial to said point bears South 12120' 10" West; thence easterly 172.97 feet along said curve through a central angle of 230 02' 53" to the beginning of a reverse curve, concave southerly, having a radius of 35.00 feet; thence easterly and southerly 43.06 feet along said curve through a central angle of 7010 29' 22"; thence South 300 13' 21" East 243.76 feet to a point on a non -tangent curve, concave northerly having a radius of 150.00 feet, a radial to said point bears South 580 02' 06" East; thence westerly 223.05 feet along said curve through a central angle of 850 11" 59"; thence North 10 34' 23" East 209.85 feet to the most easterly comer of the land described in said Final Order of Condemnation; thence North 690 49' 13" West 114.80 feet; thence South 400 20' 37" West 197.31 feet; thence South 350 30' 09" West 162.01 feet to the Point of Beginning. PARCEL 3: That portion of Parcel 34, in the City of San Juan Capistrano, County of Orange, State of California, as per map filed in Book 2, Pages 31 to 38 inclusive of Record of Survey, in the Office of the County Recorder of said County and those portions of Parcels 2 and 5 in said City as per map filed in Book 4, Pages 15 of said Record of Surveys, being that portion of Parcel 2 of the relinquishment of highway right of way as shown in Book 9252, Page 371 of Official Records in the Office of said County Recorder, described as follows: Beginning at the easterly terminus of that certain curve in the boundary of said Parcel 2 shown as having a radius of 430.00 feet, a delta of 170 39" 00" feet and an arc length of 132.46 feet, a radial line to said terminus bears South 100 42" 43" East; thence easterly 110.15 feet along said the easterly continuation of said curve through a central angle of 14°40'39" to a point in the boundary of said Parcel 2; thence along said boundary the following courses: non -tangent from said curve South 28°24'38" East 130.73 feet to a curve concave westerly having a radius of 150.00 feet, southerly 158.06 feet along said curve through a central angle of 6002232", non -tangent from said curve North 30°13'21" West 248.76 feet to a curve concave southwesterly having a radius of 35.00 feet and northwesterly 43.06 feet along said curve through a central angle of 70029'22" to the Point of Beginning. PARCEL 4: That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly comer of said Lot 5; thence North 640 03'45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly comer of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 220 03' 10" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "B" in the southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30, 1947, in Book 1613, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., the following bearings and distances: North 450 18' 00" East 576.30 feet, North 40 07' 00" East 267.60 feet, North 240 05' 00" East 357.47 feet, North 80° 26' 10" East 233.10 feet, North 100 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 540 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 00 50'00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 00 50'00" West 22 feet from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 420 33'30" East 1408.90 feet South 660 25' 00" East 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly line of said Lot 5, the following bearings and distances: South 100 05' 00" West 536.74 feet, South 230 33' 00" East 1047.15 feet, South 780 55' 00" West 1565.79 feet, South 890 43' 00" West 486 feet and South 310 35' 00" West 621.05 feet to the Point of Beginning. Except therefrom the following: Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 010 50' East and South 420 33' 30" East, respectively, in Parcel 1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 410 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a tangent bears North 770 02'03" West; thence northwesterly along said curve, through an angle of 140 11' 56", an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 10 34'23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying southerly of the northerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61-10-28, a Final Order of Condemnation recorded October 28, 1991, as Instrument No. 91-585872, of said Official Records. EXHIBIT "A-2" LEGAL DESCRIPTION OF THE SAN JUAN MEADOWS PROPERTY That certain real property located in the City of San Juan Capistrano, County of Orange, State of California, described as follows: That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in Book 4, Page 15 of Record of Surveys, in the Office of the County Recorder of said County, described as follows: Beginning at the most southerly corner of said Lot 5; thence North 640 03'45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950, in Book 1999, Page 443, of Official Records of said county; thence North 220 03' 10" West 1386.08 feet along the northeasterly line of said land of Edward J. Guirado, to an angle point designated Station "B" in the southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a partnership, recorded December 30, 1947, in Book 1613, Page 219, of said Official Records; thence along the southeasterly and easterly line of said land of the Rosenbaum Ranch Co., the following bearings and distances: North 450 18'00" East 576.30 feet, North 40 07'00" East 267.60 feet, North 240 05'00" East 357.47 feet, North 800 26' 10" East 233.10 feet, North 100 53' 00" West 438.90 feet to the northwesterly line of said Lot 5; thence North 540 50' 00" East 450 feet along said northwesterly line to an angle point therein; thence North 00 50'00" East 500.73 feet to an angle point in the southwesterly line of land described as Parcel 3 in a deed to Howard L. Krum and wife, recorded November 26, 1941, in Book 1120, Page 253, of Official Records, said point being South 00 50' 00" West 22 feet from the southwest corner of Lot 2 of said Record of Survey above described; thence along the southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 420 33' 30" East 1408.90 feet South 660 25' 00" East 991.16 feet to the easterly line of said Lot 5; thence along the easterly and southeasterly line of said Lot 5, the following bearings and distances: South 100 05'00" West 536.74 feet, South 230 33' 00" East 1047.15 feet, South 780 55' 00" West 1565.79 feet, South 890 43' 00" West 486 feet and South 310 35' 00" West 621.05 feet to the Point of Beginning. Except therefrom the following: Beginning at a point of intersection of that certain course in the westerly line and that certain course in the northeasterly line described as having bearings of North 00 50' East and South 420 33' 30" East, respectively, in Parcel 1 of deed recorded in Book 1603, Page 296, of Official Records, in the Office of the County Recorder of said County; thence along said northeasterly line, South 410 49' 07" East 51.18 feet to the point of intersection with a curve concave northerly having a radius of 150 feet, at which point a tangent bears North 770 02'03" West; thence northwesterly along said curve, through an angle of 140 11' 56", an arc distance of 37.17 feet to said westerly line; thence, along said westerly line, North 10 34' 23" East 25.43 feet to the Point of Beginning. Also excepting therefrom that portion lying northerly of the southerly line of that certain property condemned by the City of San Juan Capistrano, in Case No. 61-10-28, a Final Order of Condemnation recorded October 28, 1991, as Instrument No. 91-585872, of said Official Records.