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06-0919_CRYSTAL CATHEDRAL MINISTRIES_Preannexation Agreement This Docume as electronically recorded by R Cert Mail A RECORDING REQUESTED BY: Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder City of San Juan Capistrano p� 32400 Paseo Adelanto V���If��������� NO FEE San Juan Capistrano, CA 92675 2006000858576 09:34am 12/22/06 100 200 Al2 17 AND WHEN RECORDED, MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: PREANNEXATION AGREEMENT (Crystal Cathedral Ministries) Recording Requested by And When Recorded Return to: Meg Monahan City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt From Recording Fees-G.C. 6103] PREANNEXATION AGREEMENT This Preannexation Agreement ("Agreement") is made this day of 'iLdk4t ke, 2006 (the "Execution Date"), by and between the City of San Juan Capistrano ("City") and Crystal Cathedral Ministries, a California nonprofit religious organization ("Owner"). The City and Owner are also referred to as "Parties" and individually as a"Party". RECITALS Whereas, Owner owns in fee simple title approximately 90 acres of real property west of the I-5 Freeway at the northern boundary of the City. The real property is described in Exhibit A and is referred to herein as the "County Property"; and Whereas, the County Property is within the jurisdiction of the County of Orange (the "County Property") and the City has initiated annexation proceedings for the County Property pursuant to the provisions of Government Code Sections 56375.3; and Whereas, in conjunction with the annexation of the County Property, the City has initiated a preannexation zone change for the County Property. The preannexation zone change contemplates the designation of the County Property, as Planned Community (PC) and the adoption of a Comprehensive Development Plan for the County Property which is consistent with the City's general plan designation for the County Property; and Whereas, the Owner is supportive of the annexation of the County Property to the City but is concerned that the City and Owner will not be able to process a Comprehensive Development Plan for the County Property prior to the time the annexation of the County Property is completed and that as a result the existing uses on the County Property will be considered to be non-conforming uses under the zoning regulations of the City; and Whereas, the City has no objection to the continuation of the existing uses on the County Property and is willing to carry forward the County entitlements to those uses as provided in this Agreement; and. Whereas, the Parties agree that this Agreement will promote and encourage the annexation of the County Property to the City by providing the Owner, and its successors, assigns, and lenders, with certainty as to the Owner's ability to continue the existing uses of the Property; and Whereas, City has found that this Agreement and the continuation of the uses on the County Property as provided in this Agreement are consistent with the General Plan of the City; and Whereas, the City has processed, considered, and approved a Negative Declaration in connection with the adoption of the PC zoning designation for the County Property and this Agreement. NOW, THEREFORE, City and Owner mutually agree as follows: ARTICLE 1. GENERAL PROVISIONS 1.1 Ownership of the Property. The City and Owner acknowledge and agree that Owner has the requisite legal or equitable interest in the County Property, and thus, Owner is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Owner shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Owner or its successors in interest may assign or otherwise transfer this Agreement and its rights and obligations hereunder to any entity or entities owned or controlled either directly or indirectly by Owner (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require the prior written consent of the City. As used in this subsection "owned or controlled by" means an entity in which Owner has either a direct or indirect equitable or beneficial ownership interest equal to at least 25%. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Owner, and its assigns, in the County Property, the covenants of Owner set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. 1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to the provisions of Section 1.2, City shall release Owner from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the County Property, and release to Owner any bonds or other security posted to secure obligations under such agreements or undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released. 1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, this Agreement shall continue in full force and effect until the adoption of a Comprehensive Development Plan agreed to by Owner. 1.5 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 2 i • Exhibit A Legal Description of the Property Exhibit B - County Entitlements Exhibit C - Specific Minor Modifications ARTICLE 2. USE OF THE PROPERTY 2.1 Right to Continued Use of the Property. Pursuant to Government Code sections 65865.4 and 65866, Owner is hereby granted a the right to continue to use the County Property in accordance with the existing County development entitlements (the "County Entitlements ") in effect as of the Execution Date of this Agreement. The County Entitlements are described in Exhibit B attached hereto. City shall maintain a copy of the County Entitlements and this Agreement in the property file maintained by the Planning Department for the Property, and shall review any proposed modifications or alterations to the County property based on the County Entitlements. To the extent the County Entitlements do not address any particular development standard, then the applicable provisions of the City's Land Use Code (Title 9 of the San Juan Capistrano Municipal Code) shall apply provided they are not in conflict with the County Entitlements. 2.2 Permitted Uses. Upon annexation of the Property to the City, the County Entitlements shall be deemed to be the applicable development regulations for the Property to the same extent as if the County Entitlements had been adopted by City. The land uses allowed by the County Entitlements shall be permitted to continue and such land uses shall not be deemed non-conforming uses pursuant to Section 9-3.533 of the Land Use Code. Pursuant to Government Code section 65866, the City in subsequent land use actions applicable to the Property may apply new rules, regulations, and policies which do not conflict with the County Entitlements. 2.3 Owner-Requested Land Uses Changes. The County Entitlements may be amended from time to time by approval of a modification of the County Entitlement by the City which approval shall not be unreasonably withheld. Minor modifications may be approved by the Planning Director, including extensions of time; revisions to conditions of approval; revisions and refinements of an approved permit; and new or additional buildings or structures for the same uses as approved by the County Entitlements, provided that the permitted land uses are not changed or substantially intensified and that such minor modifications are found to be consistent with the City's General Plan and Land Use Code. The proposed modifications described in Exhibit C attached hereto are considered to be minor modifications. Owner may request, but shall not be entitled to, other changes, modifications, revisions or alterations in the development regulations for the Property. Any such change in the development regulations for the Property shall be subject to review and approval by the City in accordance with the San Juan Capistrano Municipal Code (the "Municipal Code") requirements as they relate to the proposed new development regulations. Any proposal for major changes to the land use or intensity on the County Property, including new uses; substantial additions of floor area; significant new grading or construction; uses involving significant numbers of users or parking requirements in excess of the conditions existing on the date of annexation; new construction not in accordance with the County Entitlements or the City's Land Use Code and not listed on Exhibit C; or new 3 construction which is determined to be significant under the provisions of the California Environmental Quality Act, will require the preparation of a Comprehensive Development Plan in accordance with the applicable provisions of the Land Use Code. ARTICLE 3. PUBLIC BENEFITS The Parties acknowledge and agree that the annexation and use of the County Property in accordance with the County Entitlements will not result in additional demands on public services beyond those currently provided and that the City and County will benefit by the elimination of the county island that is comprised of the County Property. ARTICLE 4. REVIEW FOR COMPLIANCE 4.1 Periodic Review. The City Council may review this Agreement annually, on or before the anniversary of the Effective Date, in the City Council's discretion, in order to ascertain the good faith compliance by Owner, with the terms of the Agreement. ARTICLE 5. DEFAULT AND REMEDIES 5.1 Dispute Resolution by Binding Arbitration. All disputes, claims, and questions regarding the rights and obligations of the Parties under the terms of this Agreement, or the breach thereof, shall be resolved solely by arbitration in Orange County, California in accordance with the rules and procedures of Judicial Arbitration & Mediation Services, Inc. (J.A.M.S.), by final and binding arbitration conducted before a neutral single retired judge or justice from the J.A.M.S. panel, at a location in Orange County California, in accordance with the J.A.M.S. rules and procedures in effect at the time such arbitration is commenced, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. If J.A.M.S. is unable or unwilling to serve as the arbitration provider, then the parties will either agree on a substitute provider and/or arbitrator, or one shall be appointed by the Orange County Superior Court in accordance with the provisions of Code of Civil Procedure Section 1280 et seq. In the event of any arbitration, the provisions of California Code of Civil Procedure Section 1283.05 are incorporated herein. The costs of the arbitration administration and the services of the arbitrator will be shared equally by the parties, but each party shall bear its own attorneys fees and costs, and neither will have the right to an award of such costs or fees from the other. ARTICLE 6. MORTGAGEE PROTECTION 6.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner in any manner, at Owner's sole discretion, from encumbering the County Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the County Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent with the intent and purposes of this Agreement. 4 6.2 Any Mortgagee of the County Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the County Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the County Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from the City of any default by Owner in the performance of Owner's obligations under this Agreement. (c) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of(i) the remaining cure period allowed such Party under this Agreement or(ii) thirty(30) days. (d) Any Mortgagee who comes in to possession of the County Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the County Property, or party thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the County Property or such part thereof so acquired by the Mortgagee. ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 7.2 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the, remaining provisions contained within the Agreement. The 5 Parties hereby state and acknowledge they would have adopted each and every provision contained within this Agreement notwithstanding the presence of an invalid provision. 7.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 7.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7.5 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 7.6 No Third Party Beneficiaries. This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7.7 Force Majeure. Upon the Effective Date of this Agreement, neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not extended under any circumstances of more than five (5) years. 7.8 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 7.9 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action that this Agreement or any term hereof is void, invalid, or unenforceable. 7.10 County Property as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the use of the County Property is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions 6 contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Owner is that of a government entity regulating the use of private property, on the one hand, and the holder of a legal or equitable interest in such property and as a current or future holder of fee title to such property, on the other hand. 7.11 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The provisions of this Section 9.12 shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, impair the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City. 7.12 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii)by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. 7.13 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Facsimile: (949) 488-3874 To Owner: Crystal Cathedral Ministries 29251 Camino Capistrano San Juan Capistrano, CA 92675 Attn: Cheryl Ellison Facsimile: (949) 347-4015 7 Copy to: Manatt, Phelps and Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, CA 92626 Attn: Roger A. Grable, Esq. Facsimile: (714) 371-2537 7.14 Non-liability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 7.15 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 7.16 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. 7.17 Effective Date/Condition Subsequent. This Agreement shall go into effect upon the Execution Date. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. 8 City: CITY OF SAN JUAN CAPISTRAN By Mayor, City of SmIuan Capistrano i B g Monahan Ci y Clerk ATTEST: APPROVE AS TO FORM: By John jlieKv, City Attorney CRYSTAL CATHE MINISTRIES, a California n reli 'ous organization By: 9 STATE OF CALIFORNIA ) ) SS. COUNTY OF Of AAvl ) On 6W [-1, 2005, before d rL S+i vL(vLG I II�r�J�Sa Notary Public, personally appeared } personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name Ts 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. Witness my hand and official seal. Signature of Notary KRISTI.A I. THOMAS COMM.#1447487 N ul NOTARY ROBLIC CALIFORNIA Orange County s Aly Comm.Expires Oct. 10 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On September 28, 2006, before me, Margaret R. Monahan, City Clerk,personally appeared David M. Swerdlin 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. M garet R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Preannexation Agreement (Crystal Cathedral Ministries Title Date: September 19, 2006 Signers are Representing City of San Juan Capistrano Exhibit A Legal Description 12 SCHULLER IISCHO CAPISTRANO ANNEXATIO&GREEMENT EXHIBIT "A" Prepared by Tool Engineering, Inc. Ph: (949) 492-8586 October 2006 IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTIONS 25 AND 26, TOWNSHIP 7 SOUTH, RANGE 8 WEST, S.B.M., AS SHOWN ON A MAP RECORDED IN BOOK 90, PAGE 45 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PROPERTY; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF THE A.T. & S.F. R.R. SOUTH 8'07'10" WEST 1255.52 FEET; THENCE NORTH 89'21'43" WEST 20.16 FEET; THENCE SOUTH 8'07'10" WEST 346.69 FEET; THENCE NORTH 88'36'06" WEST 59.06 FEET; THENCE SOUTH 8'07'10" WEST 20.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF SAN JUAN CAPISTRANO; THENCE ALONG SAID BOUNDARY NORTH 88'36'06" WEST 153.94 FEET; THENCE NORTH 89'30'27" WEST 825.00 FEET; THENCE SOUTH 00'59'47" WEST 655.00 FEET; THENCE LEAVING SAID EXISTING CITY BOUNDARY NORTH 89'00'13" WEST 52.00 FEET; THENCE NORTH 1417'03" 233.61 FEET; THENCE SOUTH 56'18'09" WEST 505.00 FEET; THENCE NORTH 66'56'07" WEST 331.55 FEET; THENCE SOUTH 42'31'33" WEST 352.00 FEET; THENCE NORTH 47'28'27" WEST 281.00 FEET; THENCE NORTH 00'55'22" WEST 232.00 FEET; THENCE SOUTH 89'04'38" WEST 238.05 FEET; THENCE NORTH 00'55'22" WEST 406.40 FEET; THENCE 89'04'38" EAST 301.64 FEET; THENCE NORTH 00'55'22" WEST 245.00 FEET; THENCE NORTH 66'31'58" EAST 240.00 FEET; THENCE NORTH 48'52'03" EAST 365.00 FEET; THENCE NORTH 4'50'38" EAST 943.40 FEET; THENCE NORTH 1646'18" EAST 198.00 FEET; THENCE NORTH 64'41'05" EAST 222.73 FEET TO THE MOST SOUTHWESTERLY CORNER OF TRACT NO. 5241, AS SHOWN ON A MAP RECORDED IN BOOK 198, PAGES 13 THROUGH 16 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 5241 SOUTH 5729'40" EAST 327.95 FEET; THENCE NORTH 56'03'10" FAST 86.07 FEET; THENCE SOUTH 66'16'50" EAST 203.79 FEET TO THE MOST WESTERLY CORNER OF TRACT NO. 10896, AS SHOWN ON A MAP RECORDED IN BOOK 525, PAGES 14 THROUGH 21 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 10896 SOUTH 32'46'10" EAST 352.77 FEET; THENCE NORTH 79'28'30" EAST 282.57 FEET; THENCE NORTH 30'46'30" EAST 190.05 FEET; THENCE NORTH 51'21'55" EAST 144.09 FEET; THENCE EAST 476.17 FEET TO THE POINT OF BEGINNING. CONTAINING 93.4 ACRES, MORE OR LESS. \-FND SURD c� OLAN/"vl 5. F� '3) * EX�iRES li-3G-07 NC) 4384 \Q l9l O�� F OF F OLAV S. MEUM LS 4384 JN 13118 SCHULLER AHO CAPISTRANO ANNEXATIO&REEMENT EXHIBIT "B" Prepared by Tool Engineering, Inc. Ph: (949) 492-8586 October 2006 BEARING DISTANCE I BEARING DISTANCE LI N 572940' W 327.95' L16 N 14'17'03" W 233.61' L2 N 56'03'10" E 86.07' 07 N 56'18'09' E 505.00' LEGEND L3 N 66'1650' W 203,79' L18 N 66'56'07" W 331.55' SCHULIER PROPERTY L4 N 32'46 10 W 352.77' L19 N 42'31 33' E 352.00' _ _ DaSTIN' BOUNDARY L5 N 79'28 30' E 282.57' L20 N 4718'27' W 281.00' CENTERUNE OF STREET L6 N 30'46'30' E 190.05' L21 N 00'5522. W 232.00' —--— EXISTING BOUNDARY OF THE L7 N 51'21'55* E 144.09' 1 L22 N 89'04 38' E 238.05' CITY OF SAN JUAN CAPISTRANO LS N 90'00 00" E 476,17' L23 N 00'55 2Y W 406.40' L9 N 89'21%13" W 20.16' L24 N 89'04'J8" E 301.64' 00 0 N 06'07'10' E 346.69' L25 —W-0-075-5--22- W 245.00' L i f N 88 36'06' W 59.06' L26 N 66'31'58' E 240.00' L12 N 08'07'10' E 20.00' L27 N 48'52'03' E 365.00' �I L13 N 88'36'06' W 153.94' L28 N 18'46'18' E 198.00' 1 L14 N 00'59%17' E 655.00' L291 N 64'41'05' E 222.73 11 L 15 N 89'00'13' W 1 52.00' 1 1 1 1 1 1111 tract Ab. 5241 \\\ 1414 198/13-16 �- Treat No.l��MA My o�M� 1 1 N � Lroa /�3 � La i'1 II I/ 6 1 N461 � h y, Nl � � W v~ O In w scwLE 1'.soo oQ, 41 V.4 ACRE5 spomM WVA" R5. q0/45 L I1 h Lil 1 1 L12 I 4 N 89'30 27 IN 825.00 L 1 11 � jIl 111 rm of 50 JI/WCdP151RAW I I �o N sU� PER 0 JW WXff WN 5 L OLAV S. F1- �,� a' I MEUM EXPIRES 9-30-07 NO. 4384 WESrSDE ANEXA N9TF cM 13113 a�F°��e OLAV S. MEUM LS 4384 Exhibit B County Entitlements 1. Use Permit UP 82-52Z— Establishment of church uses within and existing building. 2. Use Permit UP 82-58Z—Established Rancho Capistrano Renewal Center for religious retreats and seminars. 3. Site Plan SP86-171A—Approval of use of two commercial coaches for Sunday School classrooms. 4. Use Permit UP90-096P and Site Development Permit SP90-136P—Approval of administrative building and parking area. 5. Changed Plan CP94056 for Use Permit 82-52Z—Approval of installation of six commercial coaches for classes and other uses. 6. Use Permit UP94-0102 —Approval of a private school for grades K-8. 7. Changed Plan for SP94-0102—Approval of additional of two modular buildings for the expansion of the previously approved K-8 private school. 8. Change Plan CP99-0008 for Use Permit UP94-0102 — Approval of change plan to add grades 9 and 10 to the previous approval of Use Permit UP94-0102. 13 Exhibit C Specific Minor Modifications • Gazebo - the construction of a permanent Gazebo in the center courtyard of the existing Hacienda to support existing operations and functions of the Conference Center/Wellness Center. The Gazebo design will be complementary to the Spanish style of the Hacienda. If would include a permanent roof with a seating area for up to 400 people as well as a presentation area for the types of events that already occur at Rancho Capistrano. The Gazebo will be designed to allow for the inclusion of side panels that would allow for the Gazebo to be enclosed depending on weather and the type of event. The side panels may be sliding glass panels or solid panels and may be included in the initial construction of the Gazebo or could be installed later after the initial construction is complete. • Rancho Capistrano School Facility -Remodeling of an existing approximately 5,000 sq. foot Rancho Capistrano campus maintenance facility into classrooms/meeting rooms and multi-purpose use area. The existing structure is wood frame and stucco. The primary remodeling will be to the interior space of the building. Remodeled entries may be included. The remodeled building will serve the existing permitted school enrollment. • Relocated Maintenance Facility - The existing maintenance facility would be relocated at a similar size and configuration. • Rancho Capistrano School: Sports/Multi-Purpose Pavilion - Construction of an approximate 6,000 to 8,000 sq, foot permanent sports/multi-purpose covered pavilion to support the existing permitted school enrollment located in the same area as the existing school facilities. This Pavilion will have a permanent roof and open-air sides and a hard surface floor. It will be used for sports such as basketball and volleyball, and will also be use for other school and Rancho Capistrano gatherings. As with the Gazebo, the Pavilion will be designed to allow for the inclusion of side panels that would allow for the Pavilion to be enclosed depending on weather and the type of event. The side panels may be sliding glass panels or solid panels and may be included in the initial construction of the Pavilion or could be installed later after the initial construction is complete. 14 ORDINANCE NO. 916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A PREANNEXATION AGREEMENT FOR THE RANCHO CAPISTRANO ANNEXATION RANCHO CAPISTRANO MINISTRIES) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY ORDAINS AS FOLLOWS: WHEREAS, on January 17, 2006, the San Juan Capistrano City Council initiated annexation and prezoning proceedings for the Rancho Capistrano property, shown attached hereto as Exhibit "A", and referred the prezoning to the Planning Commission for review and recommendation; and WHEREAS, a Preannexation Agreement has been prepared to specify the permitted uses and entitlements which will apply to the property after annexation; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City's planning staff completed an Initial Study for the above- referenced project, determined that the Prezoning, Preannexation Agreement and Code Amendment will not result in a significant impact on the environment, and accordingly drafted a Negative Declaration for the subject applications; and WHEREAS, on August 8, 2006, the Planning Commission conducted a duly- noticed public hearing regarding the preceding applications and forwarded them to the City Council with recommendations of approval; and WHEREAS, the City staff and the City's consulting project manager have prepared a detailed staff report on the application to the City Council; and WHEREAS, on September 5, 2006, the City Council held a public hearing and considered the proposed Preannexation Agreement together with the associated Prezoning and Code Amendment, the recommendation of the Planning Commission, and the evidence and arguments submitted by the City staff, the property owner, and all interested parties. A notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the City Council at the public hearing. SECTION 1: Findings Regarding Environmental Review. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Negative Declaration, and all comments received during the public review process, the City Council hereby: 1. Determines that the project will not have a significant impact on the environment. Page 1 of 3 0916 0 • SECTION 5. City Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 19th day of September, 2006. ` c DA D SWERDLIN, MAYOR ATTEST: MA G ET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 916 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5`h day of September 2006 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 19'h day of September 2006 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bathgate, Soto, and Mayor Swerdlin NOES COUNCIL MEMBERS: None ABSENT: COUNCIL ME BE Hart, Allevato MA G E R. MONAHAN, City Clerk Page 3 of 3 0916 0 • ORDINANCE EXHIBIT A: RANCHO CAPISTRANO PREZONING MAP l( r RANCHO CAPISTRANO PREZONING: "PC PLANNED COMMUNITY" m m N ' Ll geto to rrY _ Y � Awa Y e .. ! 1 r 1 A A r � r i m` K� PREANNEXATION ORDINANCE EXHIBIT B: PREANNEXATION AGREEMENT Whereas, City has found that this Agreement and the continuation of the uses on the County Property as provided in this Agreement are consistent with the General Plan of the City; and Whereas, the City has processed, considered, and approved a Negative Declaration in connection with the adoption of the PC zoning designation for the County Property and this Agreement. NOW,THEREFORE, City and Owner mutually agree as follows: ARTICLE 1. GENERAL PROVISIONS 1.1 Ownership of the Property. The City and Owner acknowledge and agree that Owner has the requisite legal or equitable interest in the County Property, and thus, Owner is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Owner shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Owner or its successors in interest may assign or otherwise transfer this Agreement and its rights and obligations hereunder to any entity or entities owned or controlled either directly or indirectly by Owner (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require the prior written consent of the City. As used in this subsection "owned or controlled by" means an entity in which Owner has either a direct or indirect equitable or beneficial ownership interest equal to at least 25%. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Owner, and its assigns, in the County Property, the covenants of Owner set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. 1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to the provisions of Section 1.2, City shall release Owner from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the County Property, and release to Owner any bonds or other security posted to secure obligations under such agreements or undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released. 1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, this Agreement shall continue in full force and effect until the adoption of a Comprehensive Development Plan agreed to by Owner. 1.5 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 2 construction which is determined to be significant under the provisions of the California Environmental Quality Act, will require the preparation of a Comprehensive Development Plan in accordance with the applicable provisions of the Land Use Code. ARTICLE 3. PUBLIC BENEFITS The Parties acknowledge and agree that the annexation and use of the County Property in accordance with the County Entitlements will not result in additional demands on public services beyond those currently provided and that the City and County will benefit by the elimination of the county island that is comprised of the County Property. ARTICLE 4. REVIEW FOR COMPLIANCE 4.1 Periodic Review. The City Council may review this Agreement annually, on or before the anniversary of the Effective Date, in the City Council's discretion, in order to ascertain the good faith compliance by Owner, with the terms of the Agreement. ARTICLE 5. DEFAULT AND REMEDIES 5.1 Dispute Resolution by Binding Arbitration. All disputes, claims, and questions regarding the rights and obligations of the Parties under the terms of this Agreement, or the breach thereof, shall be resolved solely by arbitration in Orange County, California in accordance with the rules and procedures of Judicial Arbitration & Mediation Services, Inc. (J.A.M.S.), by final and binding arbitration conducted before a neutral single retired judge or justice from the J.A.M.S. panel, at a location in Orange County California, in accordance with the J.A.M.S. rules and procedures in effect at the time such arbitration is commenced, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. If J.A.M.S. is unable or unwilling to serve as the arbitration provider, then the parties will either agree on a substitute provider and/or arbitrator, or one shall be appointed by the Orange County Superior Court in accordance with the provisions of Code of Civil Procedure Section 1280 et seq. In the event of any arbitration, the provisions of California Code of Civil Procedure Section 1283.05 are incorporated herein. The costs of the arbitration administration and the services of the arbitrator will be shared equally by the parties, but each party shall bear its own attorneys fees and costs, and neither will have the right to an award of such costs or fees from the other. ARTICLE 6. MORTGAGEE PROTECTION 6.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner in any manner, at Owner's sole discretion, from encumbering the County Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the County Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent with the intent and purposes of this Agreement. 4 Parties hereby state and acknowledge they would have adopted each and every provision contained within this Agreement notwithstanding the presence of an invalid provision. 7.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 7.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7.5 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 7.6 No Third Party Beneficiaries. This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7.7 Force Majeure. Upon the Effective Date of this Agreement, neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not extended under any circumstances of more than five (5) years. 7.8 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 7.9 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action that this Agreement or any term hereof is void, invalid, or unenforceable. 7.10 County Property as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the use of the County Property is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions 6 Copy to: Manatt, Phelps and Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, CA 92626 Attn: Roger A. Grable, Esq. Facsimile: (714) 371-2537 7.14 Non-liability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 7.15 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 7.16 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. 7.17 Effective Date/Condition Subsequent. This Agreement shall go into effect upon the Execution Date. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the day and year first set forth above. 8 STATE OF CALIFORNIA ) ) SS. COUNTY OF ) On 2005, before a Notary Public, personally appeared personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence 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. Witness my hand and official seal. Signature of Notary 10 Exhibit A Legal Description 12 Exhibit C Specific Minor Modifications • Gazebo - the construction of a permanent Gazebo in the center courtyard of the existing Hacienda to support existing operations and functions of the Conference Center/Wellness Center. The Gazebo design will be complementary to the Spanish style of the Hacienda. If would include a permanent roof with a seating area for up to 400 people as well as a presentation area for the types of events that already occur at Rancho Capistrano. The Gazebo will be designed to allow for the inclusion of side panels that would allow for the Gazebo to be enclosed depending on weather and the type of event. The side panels may be sliding glass panels or solid panels and may be included in the initial construction of the Gazebo or could be installed later after the initial construction is complete. • Rancho Capistrano School Facility -Remodeling of an existing approximately 5,000 sq. foot Rancho Capistrano campus maintenance facility into classrooms/meeting rooms and multi-purpose use area. The existing structure is wood frame and stucco. The primary remodeling will be to the interior space of the building. Remodeled entries may be included. The remodeled building will serve the existing permitted school enrollment. • Relocated Maintenance Facility - The existing maintenance facility would be relocated at a similar size and configuration. • Rancho Capistrano School: Sports/Multi-Purpose Pavilion - Construction of an approximate 6,000 to 8,000 sq. foot permanent sports/multi-purpose covered pavilion to support the existing permitted school enrollment located in the same area as the existing school facilities. This Pavilion will have a permanent roof and open-air sides and a hard surface floor. It will be used for sports such as basketball and volleyball, and will also be use for other school and Rancho Capistrano gatherings. As with the Gazebo, the Pavilion will be designed to allow for the inclusion of side panels that would allow for the Pavilion to be enclosed depending on weather and the type of event. The side panels may be sliding glass panels or solid panels and may be included in the initial construction of the Pavilion or could be installed later after the initial construction is complete. 14 RESOLUTION NO. 06-01-17-0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING ANNEXATION PROCEEDINGS AND PREZONING AND APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE FOR THE RANCHO CAPISTRANO PROPERTY (CRYSTAL CATHEDRAL MINISTRIES) WHEREAS, the City of San Juan Capistrano ("the City") desires to initiate proceedings with the Local Agency Formation Commission, pursuant to Section 56000 et seq. of the California Government Code, for the annexation to the City of the unincorporated territory referred to as the Rancho Capistrano Property as shown on Exhibit A attached hereto and by this reference incorporated herein, further described as Assessor Parcel Numbers 637-082-64, -65, -66, -67, and -68; and WHEREAS, the proposed annexation area is within the City's Sphere of Influence and is designated in the City's General Plan as "PC — Planned Community'; and WHEREAS, Section 9-2.333 of Title 9 of the Municipal Code requires that consideration of prezonings prior to annexation be initiated by the City Council; and WHEREAS, the reasons for this proposed annexation are to increase the economy and efficiency of government services, the coordination of land planning in the area, and the enhancement of community identity, and to create more logical City boundaries by eliminating an island of unincorporated territory; and WHEREAS, California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues following the addition to a city of previously unincorporated territory; and WHEREAS, the County of Orange's Library Fund and the Structural Fire Fund will remain unchanged since the City of San Juan Capistrano is a structural fire fund city and a member of the Orange County Public Library system; and WHEREAS, the County and City staffs have reached agreement, subject to Board of Supervisors and City Council approval, regarding the exchange of property tax as a result of the annexation of the unincorporated territory by the City, whereby upon annexation by the City, the City shall receive 43.8931% of the property tax and the County shall receive 56.1069% of the 1% basic levy of property tax generated within the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80-2092. Page 1 of 2 01-17-2006 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano does hereby initiate an application for the Rancho Capistrano Annexation, described herein and shown on Exhibit A, and requests that the Local Agency Formation Commission take the necessary actions to process the annexation in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. BE IT FURTHER RESOLVED that the City Council of the City of San Juan Capistrano does hereby initiate consideration of prezoning for the property, to be consistent with the "Planned Community' General Plan designation on the property. BE IT FURTHER RESOLVED that the City Council of the City of San Juan Capistrano does hereby approve the property tax exchange agreement reached between the City of San Juan Capistrano and the County of Orange, whereby, upon completion of the reorganization and annexation of the Rancho Capistrano unincorporated area to the City of San Juan Capistrano, City shall receive 43.8931% and the County of Orange shall receive 56.1069% of the I% basic levy of property tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80-2092, PASSED, APPROVED AND ADOPTED this 17th day of January, 2006. (L�14X�zr"Z- DAVID M. S\(\(ERCrLIN, MAYOR ATTEST: / ARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 06-01-17-05 was duly adopted by the City Council of the Cityof San Juan Capistrano at a Regular meeting thereof, held the 17'h day of January 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: COUNCIL EMBER: None AB MTr T: N ne MG E R. MONAHAN, City Clerk Page 2 of 2 01-17-2006 F