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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 �11 I IP� 11111 II II 1�� 111 11 1111111 1�� 1 NO FEE *$ R 0 0 1 2 0 0 6 1 9 2$* 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 1603\40\2893816,1 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 1603\40\2893816.1 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 1603\40\2893816.1 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 1603\40\2893816. 1 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 1603\40\2893816.1 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 1603\40\2893816.1