20-0828_SJC GROVES LP_Notice of Agreement Affordable Housing Disposition & Dev AgrRecording Requested by:
Ticor Title National Commercial Services
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
The City of San Juan Capistrano
32400 Paseo Adelanto.
San Juan Capistrano, California 92675
Attn: City Manager
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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2020000470238 2:09 pm 09104120
93 410A NO3 9
0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00
Exempt from Recording fee
Pursuant to Gov't Code' § 27383
NOTICE OF AGREEMENT
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT
(The Groves at Williams Ranch)
TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that C & C DEVELOPMENT
CO., LLC a California limited liability company ("C&C."), and SEAN RAWSON, an individual
("Rawson"), and the City of San Juan Capistrano, a California municipal corporation (the
"City") entered into an agreement entitled Affordable Housing Disposition and Development
Agreement (The Groves at Williams Ranch), dated as of July 16, 2019 (the "Agreement"). As
permitted under the Agreement, C&C's and Rawson's rights and interests in and obligations .
under the Agreement have been assigned to SJC GROVES LP, a California limited partnership
('Developer'), pursuant to an Assignment and Assumption Agreement among C&C, Rawson
and City dated August 28, 2020. 'A copy of the Agreement is on file with the City and is
available for inspection and copying by interested persons as a public record of the City at the
City's offices located at 32400 Paseo Adelanto., San Juan Capistrano, California 92675, during
the City's regular business hours.
The Agreement affects the real property described in Exhibit A attached to this Notice of
Agreement (the "Property" }. The meaning of defined terms, indicated by initial capitalization,
used in this Notice of Agreement shall be the same as the meaning ascribed to such terms in the
Agreement.
PLEASE TAKE FURTHER NOTICE that the Agreement contains certain development
covenants running with the land of the Property and other agreements between the Developer
and the City affecting the Property, as set forth below (all section references are to the
Agreement):
Section 4.1 of the Agreement provides:
4.1 Developer Covenant to Undertake Project. The Developer covenants, for itself, its
successors and assigns, to and for the exclusive benefit of the City, that the Developer shall
commence and complete the development of the Project on the Property within the time period
for such actions set forth in the Schedule of Performance. The Developer covenants and agrees
for itself, its successors, and assigns, that the Property shall be improved and developed with the
1603\40\2893816.1 Exempt from fee per GC 273B&I (a)(2), retarded
concurrently "In Connection with" a Irensfarsubject
to the Imposition of do cutment"itransfer tax.
Project in substantial conformity with the terms and conditions of this Agreement, the Scope of
Development, the Schedule of Performance, any and all plans, specifications and similar
development documents required by this Agreement, except for such changes as may be
mutually agreed upon in writing by and among the Parties, and all applicable laws, regulations,
orders and conditions of each Governmental Agency with jurisdiction over the Property or the
Project. The covenants of this Section 4.1 shall run with the land of the Property until the earlier
of the date of recordation of the Certificate of Completion.
Section 5.1 of the Agreement provides:
5.1 Obligation to Refrain from Discrimination. The Developer for itself, its successors
and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that
there shall be no discrimination against or segregation of any person, or group of persons, on
account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall the
Developer, itself or any person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, sub -tenants, sub -lessees or vendees of the
Property. With respect to familial status, this Section 5.1 shall not be construed to apply to
housing for older persons, as defined in Section 12955.9 of the Government Code. With respect
to familial status, nothing in this Section 5.1 shall be construed to affect Section 51.2, 51.3, 51.4,
51.10, 51.11 and 799.5 of the Civil Code relating to housing for senior citizens. Subdivisions (d)
of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section
12955 of the Government Code shall apply to this Section 5.1. The covenant of this Section 5.1
shall run with the land of the Property in perpetuity, shall be enforceable against the Developer
and its successors and assigns, and shall be covenants set forth in the Grant Deed.
2
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This NOTICE OF AGREEMENT is dated as of August 28, 2020, and has been executed on
behalf of the Developer and the City by and through the signatures of their authorized
representative(s) set forth below. This Notice of Agreement may be executed in counterparts
and when fully executed each counterpart shall be deemed to be one original instrument.
CITY:
THE CITY OF SAN JUAN CAPISTRANO
a California municipal corporation
Dated: ZN@4-8• By:
la air
ATTES
I
1
City
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:u
G I-► ity Attorney
S-1
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DEVELOPER:
SJC GROVES LP, a California limited partnership
By: RCC MGP, LLC,
a California limited liability company,
its managing general partner
By: Riverside Charitable Corporation,
a California nonprofit public benefit
corporation, its sole member -and
manager
an
Kenneth S.
President
By: SJC Groves CCR LLC,
a California limited liability company,
its developer general partner
By: C & C Development Co., LLC, a
California limited liability company,
its member and manager
By:
Todd R. Cottle, Trustee of
the 2007 Todd R. Cottle and
Jennifer N. Cottle Revocable
Trust, its member
By: The Waterford Group, Inc,
a California corporation,
its member
By:.
S n awson
Chief Executive Officer
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
S-1
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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 118 1)
On September 1 2420, before me, Maria Morris, City Clerk, personally appeared
lien janiin Siegel, City Manager, 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
City Manager
Title
Signer is Representing
City of San Juan Capistrano
and official seal.
. �w '
Maria Morris. ditv Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Notice of Agreement Affordable Housing Disposition
and Development Agreement
The Groves at Williams Ranch
SJC Groves LP
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 September 2, 2020, before me, Maria Morris, City Clerk, personally appeared
EIiza1)eth }lull, 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. 1
(SEAL)
Capacity Claimed by Signers
City Attorney
Title
Signer is Representing
City of San Juan Capistrano
N
hand and official seal.
Maria Morris, City Cleric
OPTIONAL
Description of Attached Document
Title or Type of Document
Notice of Agreement
Affordable Housing Disposition and Development
Agreement
The Groves at Williams Ranch
SJC Groves LP
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
On before me,'W 0 C6�,, S h , Notary Public,
personal y appeared S . RokLor45oo� . who proved to me on the
basis of satisfactory evidence to be the 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/their signature(s) 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.
WITNESS my hand and official seal.
/iVCI
RECINDA KAY SHAFER ame:1,6j.11 6ha
Notary Public California Notary Public
Orange County
z Commission # 2177234
vlComm. Expires Dec 25, 2020
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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
On §Wteb k/ I , D1 , before me, jlGUVAv", CAU7d , Notary Public,
personally appeared -Tdo R, c(tjA S(ai,) �C �;��y� , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to lne that hefshe/they executed the salve in ht.0 er/their
authorized capacity(ies), and that by,hisoher/their signature(s) 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.
WITNESS my hand and official seal.
�.
KARA ANN CAWOOD
Notary Public - California z
Orange County
Commission # 2251886
My Comm. Expires Aug 29, 2022
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Name: -a e) at tr
Notary Public
EXHIBIT A
TO
NOTICE OF AGREEMENT
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE,STATE OF CALIFORNIA, AS DESCRIBED IN THE DEED RECORDED ON AUGUST 30, 1995, AS
INSTRUMENT NO. 95-0376665 OF OFFICIAL RECORDS, IN THE OFFICE OF THE ORANGE COUNTY
RECORDER, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CAMINO CAPISTRANO AS DESCRIBED
IN BOOK 281, PAGE 245 OF DEEDS, WITH THE EAST -WEST CENTERLINE OF SECTION 36, T7S, R8W,
SBM, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF REAL PROPERTY AS DESCRIBED IN SAID
DEED RECORDED ON AUGUST 30, 1995, AS INSTRUMENT NO. 95-0376665 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG SAID EAST -WEST CENTERLINE OF SECTION 36, T7S, R8W, SBM, NORTH
8901'53" WEST 421.39 FEET TO THE TRUE POINT OF BEGINNING.
THENCE NORTH 00°56'38" EAST 58.57 FEET;
THENCE NORTH 2621'02" WEST 12.70 FEET;
THENCE NORTH 47°09'31" EAST 120.82 FEET;
THENCE NORTH 45°44'28 EAST 144.28 FEET;
THENCE NORTH 46`25'09" EAST 74.13 FEET;
THENCE NORTH 37'40'58" EAST 94.88 FEET;
THENCE NORTH 28°02'57" EAST 111.60 FEET
THENCE NORTH 3302'08" EAST 37.69 FEET;
THENCE NORTH 2517'01" EAST 131.95 FEET;
THENCE SOUTH 73°21'32" EAST 150.69 FEET TO SAID CENTERLINE OF CAMINO CAPISTRANO AS
DESCRIBED IN BOOK 281, PAGE 245, OF DEEDS.
APN: A PORTION 121-050-021
A-1
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