12-0215_OLSON REAL ESTATE GROUP, INC._Agreement for Deferral of ImprovementsRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6903
City of San Juan Capistrano
Title of Document:
Recorded In Official Records, Orange County
Tom Daly, Clerk -Recorder
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2012000085858 9:10 am 02115112
62 417 Al2 7
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' This Space for Recorder's Use Only f-4
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Architectural Control (AC) 10-18, Marriott Residence Inn
between
THE CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
and
Olson Real Estate Group, Inc.
Agreement for Deferral of Improvements
AC 10-18, Marriott Residence Inn Pane 2 of 5
I. PARTIES AND DATE.
This Agreement for the Deferral of Improvements ("Agreement") is entered into on this
� day of1(,°,� 2012, by and between the City of San Juan
Capistrano, a California muAcipal corporation ("City") and, Olson Real Estate Group,
Incorporated with its principal office located at 2955 Main Street, Third Floor; Irvine,
California 92614.
II. RECITALS.
A. On December 14, 2010, the Planning Commission of the City of San Juan
Capistrano adopted PC Resolution No. 10-12-14-04 approving Architectural
Control (AC) 10-18. This project approval became effective on December 29,
2010 and includes the property located at 33711 Camino Capistrano on a 4.5
acre parcel more precisely referred to as Assessor Parcel Number (APN) 121-
254-44.
B. The application has been approved for construction of a 130 -room Marriott
Residence Inn, extended -stay hotel totaling 91,489 square feet of building area.
The proposed hotel would be three -stories with the main roof elements extending
to a maximum height of thirty-seven feet, six inches (37'-6"), and with non -
habitable, architectural elements extending to a maximum height of fifty feet (50'-
0"). The proposed project includes a minor exception to reduce the hotel parking
standard from the City's minimum standard of 1.0 space per guest room to 0.94
space guest room.
C. Developer has constructed certain improvements on the Project Site in
accordance with the approval granted by PC Resolution No. 10-12-14-04.
D. Developer desires to obtain a Certificate of Occupancy (C of O) for the Project
Site in order to allow utility connections and occupancy of the building.
Agreement for Deferral of Improvements
AC 10-98, Marriott Residence Inn Pape 3 of 5
E. Developer desires to defer the installation of Historic Depiction Program (HDP)
improvements required by City Council Policy and the Planning Commission's
adopted conditions of approval and City agrees to such deferment in accordance
with the terms contained herein.
III. EXPIRATION OF AGREEMENT.
This agreement shall expire upon the completion of all the project improvements
required by Resolution PC No. 10-12-14-04:
IV. TERMS.
1. AGREEMENT BINDING ON SUCCESSOR IN INTEREST. This agreement is an
instrument affecting the title to or possession of the real property described in
Section 11.1 above. Upon sale or division of the property described in Exhibit 1,
the terms of this Agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Developer by this
Agreement.
2. IMPROVEMENTS TO BE DEFERED. No later than six (6) months from the date
of execution of this agreement, Developer shall secure Cultural Heritage
Commission and Planning Commission approval of the Historic Depiction
Program (HDP) for the subject project, shall complete installation of the City -
approved HDP, and shall secure Development Services Department staff
acceptance of the completed HDP as being consistent with City -approved plans.
City shall cooperate with Developer to secure timely Commission approval of the
Historic Depiction Program (HDP).
3. CASH DEPOSIT. The Cash Deposit for faithful performance, labor, and materials
for improvements submitted by Developer to City in the amount of $10,000 (ten
Agreement for Deferral of Improvements
AC 10-18. Marriott Residence Inn Pape 4 of 5
thousand dollars and no cents) shall be deemed by City as adequate surety to
ensure completion of improvements as specified in this Agreement. Upon the
completion of all improvements cited in Section 2 of this agreement by Developer
and at Developer's request, City shall process and refund deposited monies
provided herein. The refunded amount shall be equal to the original deposit
amount.
5. INDEMNIFICATION. Developer agrees to protect, defend and hold harmless
City, its elected and appointed officials and employees from any and all claims,
liabilities, expenses or damages of any nature, including attorneys' fees, for injury
or death of any person or damage to property or interference with use of property
and for errors and omissions committed by Developer arising out of or in
connection with the work, operation or activities of Developer, its agents,
employees and subcontractors in carrying out its obligations under this
Agreement.
6. QUALITY OF WORK. All improvements as described in the Agreement shall be
constructed and installed pursuant to City review and approval. The construction
plans and specifications for the improvements shall be prepared in accordance
with all applicable federal, state and local laws, ordinances, regulations and other
requirements. In addition, the improvements shall be completed in accordance
with all maps, plans and specifications on file with City, as well as all applicable
federal, state and local laws, ordinances, regulations and other requirements.
Developer understands and agrees that all work and improvements done
pursuant to this Agreement shall conform to the standards applicable at the time
work is actually commenced.
V. DEMAND TO PERFORM.
Upon default of any obligation hereunder, and at any time after any such default, City
may make written demand upon Developer or its surety, or both, to immediately remedy
Agreement for Deferral of Improvements
AC 10-18 Marriott Residence Inn Page 5 of 5
the default or complete the improvements. If the required work is not substantially
commenced within ten (10) days of such demand, or if it is not thereafter diligently
pursued to a completion acceptable to City within the time frame contained in the
demand, City may then complete all remaining work, manage for the completion of all
remaining work, and/or conduct such remedial activity as it deems necessary, in its sole
discretion. All such work or remedial activity shall be at the sole and absolute expense
and obligation of Developer and its surety, without the necessity of City giving any
further notice to Developer or surety. City's right to take such actions shall in no way be
limited by the fact that Developer or its surety may have constructed any portion of the
required improvements at the time of City's demand for performance. In the event City
elects to complete or contract for completion of the remaining work and improvements,
City may require all work by Developer or its surety to cease in order to permit adequate
coordination by City. In addition, City may revoke the Certificate of Occupancy and/or
withhold issuance of any future permits until the default is remedied to the satisfaction of
city.
THE CITY OF SAN JUAN CAPISTRANO
By: /%✓1 47S '✓ Date: 1-2-'1-12-
Grant
L`11ZGrant Taylor, Development Services Director
Olson Real Estate Group Inc.
By: Date:
Robert A. Olson
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
CIVIL CODE §Hee
On U"- . Iq, anyi before me, I -°�' Tn
Oaler tt ��//11 Ne,O 1no,I NnmUa ll. Ne 1�/
personally appeared 206e_� 4>!!_,
meUml s' am
KRISTY MUTCN
Commis 1926075
-: Notary Public - Calilornla i
Orange County >
AlComm. trainee Apr 6, 2015 J
who proved to me on the basis of satisfactory
evidence to be the person(* whose name* is/are
subscribed to the within instrument and acknowledged
to me that he/akWhgt executed the same in
his/herAAMeir- authorized capacity(Eal and that by
his/Meatheir signatureW on the instrument the
person(d), or the entity upon behalf of which the
personal 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.
Sianature
Plar»wo,Sn>I A.. SI WrPUI fl0(ey FEW
OPTIONA
Though the information below is not required by law, if may prove teluable to reons relying on the document
and could prevent fraudulent removal and reattachment o/ this form to another document.
Description of Attached Rocument
Title or Type of Document: . A. 0,
Document Dale: Number of Pages:
Signers) Other Than Named Above: _
Capacity(les) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Limited CGenerel Ton or womb bare
Panner —
Signer's Name:
Corporate Officer — Tllle(s):
Individual
Panner — Limited
_. Attorney in Fact i Attorney in Fact
i Trustee I I Trustee
Guardian or Conservator
-1 Other:
Signer is Representing:
❑ General Top of thumb here
I I Guardian or Conservator
Signer is Representing:
O POte Nallonel Nolery Aeaodallon - NalionelNolery.wp - I . US NOTARY N San 816 6821) Ilam IS.,
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) as,
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 24, 2012, before me, Maria Morris, City Clerk, personally appeared
Grant Taylor, Development Services Director, 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, 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) A
Capacity Claimed by Signers
Development Services Director
Title
Signer is Representing
City of San Juan Capistrano
and official seal.
Maria
OPTIONAL
Description of Attached Document
Title or Type of Document
Agreement for Deferral of Improvements —
Architectural Control (AC) 10-18, Marriott
Residence Inn; The City of San Juan
Capistrano and Olson Real Estate Group, Inc
Date of Document: January 24, 2012
Number of Pages: 7
9.
MEMORANDUM JanuaryQ 2012
TO: Christy Jakl, Deputy City Clerk �� )
FROM: Ayako Rauterkus, Management Anaw
SUBJECT: Recording of Agreement for Deferral of Improvements, Architectural Control (AC)
10-018, Marriott Residence Inn
Please send the attached agreement to the County Recorder's office. Once it's
recorded, please provide us a copy and the original should be fled with the City Clerk's
office.
m
Attachments
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
►v►vw.sat juaNcaplstrano.ag
February 7, 2012
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAFREESE
LARRYKRAMER
DEREK REEVE
JOHN TAYLOR
Re_ : Document for Recording — Agreement for Deferral of Improvements (Marriott
Residence Inns)
The noted documents are enclosed for recording:
Agreement for Deferral of Improvements (Marriott Residence Inns)
When placed of record, please return the recorded documents to this office.
Thank you for your. assistance.
Kindest Re ards,
0 k
Christy Jakl
Deputy City Clerk
San Juan Capistrano: Preserving the Past to Enhance the Futui e
0 Pooled anIW%rogdodpapw
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Maria Morris, 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:
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Architectural Control (AC) 10.18, Marriott Residence Inn
between
THE CITY OF SAN JUAN CAPISTRANO,
a California munici
and
Olson Real Esta
Agreement for Deferral of improvements
AC 904A Marriyott'Residence inn Pane 2 of 5
I. PARTIES AND DATE.
This Agreement for the Deferral of Improvements ("Agreement") is entered into on this
AA
day of 2012, by and between the City of San Juan
Capistrano, a California mu cipal corporation ("City") and, Olson Real Estate Group,
Incorporated with its principal office located at 2955 Main Street, Third Floor; Irvine,
California 92614.
II. RECITALS.
A. On December 14, 2010, the Planning Commission of the City of San Juan
Capistrano adopted PC Resolution No. 10-12-14-04 approving Architectural
Control (AC) 10-18. This project approval became effective on December 29,
2010 and includes the property located at 33711 Camino Capistrano on a 4.5
acre parcel more precisely referred to as Assessor Parcel Number (APN) 121-
254-44.
B. The application has been approved for construction of a 130 -room Marriott
Residence Inn, extended -stay hotel totaling 91,489 square feet of building area.
The proposed hotel would be three -stories with the main roof elements extending
to a maximum height of thirty-seven feet, six inches (37'-6"), and with non -
habitable, architectural elements extending to a maximum height of fifty feet (50'-
0"). The proposed project includes a minor exception to reduce the hotel parking
standard from the City's minimum standard of 1.0 space per guest room to 0.94
space guest room.
C. Developer has constructed certain improvements on the Project Site in
accordance with the approval granted by PC Resolution No. 10-12-14-04.
D. Developer desires to obtain a Certificate of Occupancy (C of O) for the Project
Site in order to allow utility connections and occupancy of the building.
Agreement for Deferral of Improvements
AC 10-M Mamlott Residence Inn Page 3 of a
E. Developer desires to defer the installation of Historic Depiction Program (HDP)
Improvements required by City Council Policy and the Planning Commission's
adopted conditions of approval and City agrees to such deferment in accordance
with the terms contained herein.
Ill. EXPIRATION OF AGREEMENT.
This agreement shall expire upon the completion of all the project improvements
required by Resolution PC No. 10-12-14-04:
IV. TERMS.
1. AGREEMENT BINDING ON SUCCESSOR IN INTEREST. This agreement is an
Instrument affecting the title to or possession of the real property described in
Section 11.1 above. Upon sale or division of the property described in Exhibit 1,
the terms of this Agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Developer by this
Agreement.
2. IMPROVEMENTS TO BE DEFERED. No later than six (6) months from the date
of execution of this agreement, Developer shall secure Cultural Heritage
Commission and Planning Commission approval of the Historic Depiction
Program (HDP) for the subject project, shall complete installation of the City -
approved HDP, and shall secure Development Services Department staff
acceptance of the completed HDP as being consistent with City -approved plans.
City shall cooperate with Developer to secure timely Commission approval of the
Historic Depiction Program (HDP).
3. CASH DEPOS,IT. The Cash Deposit for faithful performance, labor, and materials
for improvements submitted by Developer to City In the amount of $10,000 (ten
.
Agreement for Defenai of Improvements
AC 10.18 M-afott Residence Inn Page 4 of 5
thousand dollars and no cents) shall be deemed by City as adequate surety to
ensure completion of improvements as specified in this Agreement. Upon the
completion of all improvements cited In Section 2 of this agreement by Developer
and at Developer's request, City shall process and refund deposited monies
provided herein. The refunded amount shall be equal to the original deposit
amount.
5. INDEMNIFICATION. Developer agrees to protect, defend and hold harmless
City, its elected and appointed officials and employees from any and all claims,
liabilities, expenses or damages of any nature, including attorneys' fees, for Injury
or death of any person or damage to property or interference with use of property
and for errors and omissions committed by Developer arising out of or in
connection with the work, operation or activities of Developer, its agents,
employees and subcontractors in carrying out its obligations under this
Agreement.
6. QUALITY OF WORK. All Improvements as described in the Agreement shall be
constructed and installed pursuant to City review and approval. The construction
plans and specifications for the improvements shall be prepared in accordance
with all applicable federal, state and local laws, ordinances, regulations and other
requirements. In addition, the improvements shall be completed In accordance
with all maps, plans and specifications on file with City, as well as all applicable
federal, state and local laws, ordinances, regulations and other requirements.
Developer understands and agrees that all work and improvements done
pursuant to this Agreement shall conform to the standards applicable at the time
work Is actually commenced.
V. DEMAND TO PERFORM.
Upon default of any obligation hereunder, and at any time after any such default, City
may make written demand upon Developer or its surety, or both, to Immediately remedy
Agreement forDeferral of Improvements
AC 10-18, 'ManiotfResidence Inn Page 5 of 5
the default or complete the improvements, If the required work is not; substantially
commenced within ten (10) days of such demand, or if it is not thereafter diligently
pursued. to a completion acceptable to City :within the time frame contained in the
demand, City may then complete all remaining work, manage for the completion of all
remaining work, and/or conduct such remedial activity as it deems necessary., in .its sole
discretion. All such work or remedial activity shall be at the sole and absolute expense
and :obligation of Developer and its surety, without the necessity of City ;giving any
further notice to Developer orsurety. City's right to take such actions shall in no way be
limited by the fact that Developer or its surety may have constructed any portion of the
required improvements at the time of City's demand for performance. In the event City
elects to complete or contract for completion of the remaining work and improvements,
City may require all work by Developer or its surety to cease in order to permit adequate
coordination by City. In addition, City may revoke the Certificate of Occupancy and/or'
withhold, issuance of any future permits until the default is remedied to the satisfaction of
City.
THE CITY OF SAN JUAN CAPISTRANO
By:
Grant Taylor, Development Services Director
Olson Real Estate Grou Inc.
By:
Robert A. Olson
Date: b '-/, 12 --
Dater
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11041
State of California
County of�! / A��,,
On T".
i� rl 2 before me;
,
Datel Hero tnaort Name— add Title of She officer
personally appeared gQi2� . a ta] of s or(s)
KRIS TY MUTCH
1641
Commission # 1926075
a W. � Notary Public - California a
Orange County
111% Comm. Ex fres A r.6; 2015
who proved to me on the basis of satisfactory
evidence to be the person(sk whose name(* is/are
subscribed to the Within instrument'`and acknowledged
to me that he/sheAhey executed the same in
his/her!'tgelr~ authorized capacity(ieo, and that by
his./hes#iw signature(a) on the instrument the
person(d), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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.
Sionature:
Place Nolnry90ol Above turdof Notbry "Ic
OPTIONAL
Though the information below is not required by law, it may prove aluabie to ersons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Rocument
Title or'Type of Document: o,tMa&A .11 P ak22I.
Document'Datet Number ofPeges:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's; Name:
❑ Corporate.. Officer — Title(s):
la Individual _
O Panner — O Limited ❑ General Top of Thumb here
0 Attorney in Fact
11 Trustee
L] Guardian or Conservator
D Others
Signer Is Representing:
Signer's Name:
U Corporate Officer — Title(s):
D Individual
0 Partner — l::"] Limited 1-1 General Top of thtrinb halo
❑ Attorney, in Fact
D Trustee'
I -I Guardian or Conservator
I Other:
Signer. Is Representing:
2010Nationnl Nolary Association, NallonelNotamom • 1.000•SiS NOTAnV it•II00.5m-an27S
Ilern. 05907
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 January 24, '2012, before me, Maria Morris. City Clerk, personally appeared
Grant Taylor, Development Services Director, 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, 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 Or PERJURY under the laws of the State of California thatthe foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
Development Services Director
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached Document
Title or Type of Document
Agreement for Deferral of improvements —
Architectural Control (AC) 10-18, Marriott
Residence Inn; The City of San Juan
Capistrano and Olson Real Estate Group, Inc
Datc of Document: January 24, 2012
Number of Pages: 7
TOM DALY
CLERK -RECORDER
• ORANGE COUNTY
HALL OF RECORDS AND FINANCE
12 CIVIC CENTER PLAZA, ROOM 101. P.O. BOX 238. SANTA ANA, CALIFORNI Ok?E?'?En ED
WW
PHONE 834-2E00 FAX 834-2675 V
W W W.00RECORDER.CO.COM
CITY OF SAN JUAN CAPISTRANO
CITY CLERK'S OFFICE
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
Dear Sir/ Madam:
1011 yFEB//��-��jl A 8: 03
SAN y� A"'Pisial;1,'0
When the enclosed original documentation was presented for recording, some information in one or
more areas was incomplete or not clear. Because of this, we are unable to record the submitted
document(s) as is. We are returning your unrecorded document(s) along with your remittance.
Please refer to the item checked below to correct the information needed to record the document(s).
® Other: Please submit recording fees or exempt fee code.
If you wish to have the document(s) recorded, you will need to make the changes indicated above and
re -submit the document(s) along with the corresponding fee to:
Tom Daly
Orange County Clerk -Recorder
P.O. Box 238
Santa Ana, CA 92702-0238
Thank you for your cooperation and we look forward to serving you.
Sincerely,
Orange County Clerk -Recorder Department
Enclosure
Document(s) Returned: Agreement -Olson Real Estate
Remittance: Total Amount Returned: none Check Number(s): none
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 RAX
www sanjuancapistrano.org
January 24, 2012
Clerk -Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAFREESE
LARRYKRAMER
DEREK REEVE
JOHN TAYLOR
Re: Document for Recording — Agreement for Deferral of Improvements (Marriott
Residence Inns)
The noted documents are enclosed for recording:
• Agreement for Deferral of Improvements (Marriott Residence Inns)
When placed of record, please return the recorded documents to this office.
Thank you for your assistance.
Kindest Regar ,
Christy Jakl
Deputy City Clerk
San Juan Capistrano: Nave,'ving the Past to Enhance the Future
Cep Printed an 100% racycled papa
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ATTN: Grant Taylor, Director
Development Services Department
SPACE ABOVE THIS tdl+lE FOR RgCOROEW$ USE
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Architectural Control (AC) 10-18, Marriott Residence Inn
between
THE CITY OF SAN JUAN CAPISTRANO,
a Callfomla municipal corporation
and
Olson Real Estate Group, Inc.
Agreement for Deferral of Improvements
AC 10-18, Marriott Residence Inn Paae 2 of 5
I. PARTIES AND DATE.
This Agreement for the Deferral of Improvements ("Agreement") is entered into on this
day of 2012, by and between the City of San Juan
Capistrano, a California mu cipal corporation ("City") and, Olson Real Estate Group,
Incorporated with its principal office located at 2955 Main Street, Third Floor; Irvine,
California ,92614.
11. RECITALS.
A. On December 14, 2010, the Planning Commission of the City of San Juan
Capistrano adopted PC Resolution No. 10-12-14-04 approving Architectural
Control (AC) 10-18. This project approval became effective on December 29,
2010 and includes the property located at 33711 Camino Capistrano on a 4.5
acre parcel more precisely referred to as Assessor Parcel Number (APN) 121-
254-44.
B. The application has been approved for construction of a 130 -room Marriott
Residence Inn, extended -stay hotel totaling 91,489 square feet of building area.
The proposed hotel would be three -stories with the main roof elements extending
to a maximum height of thirty-seven feet, six inches (37'-6" ), and with non -
habitable, architectural elements extending to a maximum height of fifty feet (50'-
0"). The proposed project includes a minor exception to reduce the hotel parking
standard'from the. City's minimum standard of 1.0 space per guest room to 0,94
space guest room.
C. Developer has constructed certain improvements on the Project Site in
accordance with the approval granted by PC Resolution No. 10-12-14-04.
D. Developer desires to obtain a Certificate of Occupancy (C of O) for the Project
Site in order to allow utility connections and occupancy of the building.
Agreement for Deferral of improvements
AC 10.18, Manion Residence !nn page 3 of 5
E. Developer desires to defer the installation of Historic Depiction Program (HDP)
Improvements required by City Council Policy and the Planning Commission's
adopted conditions of approval and City agrees to such deferment in accordance
with the terms contained herein.
III. EXPIRATION OF AGREEMENT.
This agreement shall expire upon the completion of all the project improvements
required by Resolution PC No. 10-12-14-04:
IV. TERMS.
1. AGREEMENT BINDING ON SUCCESSOR IN INTEREST. This agreement is an
Instrument affecting the title to or possession of the real property described in
Section 11.1 above. Upon sale or division of the property described in Exhibit 1,
the terns of this Agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations Imposed on Developer by this
Agreement.
2. IMPROVEMENTS TO BE DEFERED. No later than six (6) months from the date
of execution of this agreement, Developer shall secure Cultural Heritage
Commission and Planning Commission approval of the Historic Depiction
Program (HDP) for the subject project, shall complete installation of the City -
approved HDP, and shall secure Development Services Department staff
acceptance of the completed HDP as being consistent with City -approved plans.
City shall cooperate with Developer to secure timely Commission approval of the
Historic Depiction Program (HDP).
3. BASH DELOSIT. The Cash Deposit for faithful performance, labor, and materials
for improvements submitted by Developer to City in the amount of $10,000 (ten
Agreement for Deferral of Improvements
AC 10.18. Mardaft Residence inn Page 4 of 5
thousand dollars and no cents) shall be deemed by City as adequate surety to
ensure completion of improvements as specified In this Agreement. Upon the
completion of all improvements cited in Section 2 of this agreement by Developer
and at Developer's request, City shall process and refund deposited monies
provided herein. The refunded amount shall be equal to the original deposit
amount.
5. INDEMNIFICATION. Developer agrees to protect, defend and hold harmless
City, its elected and appointed officlals and employees from any and all claims,
liabilities, expenses or damages of any nature, Including attomeys' fees, for injury
or death of any person or damage to property or interference with use of property
and for errors and omissions committed by Developer arising out of or in
connection with the work, operation or activitles of Developer, its agents,
employees and subcontractors in carrying out its obligations under this
Agreement.
6. QUALITY OF WORK, All Improvements as described In the Agreement shall be
constructed and installed pursuant to City review and approval. The construction
plans and specifications for the improvements shall be prepared In accordance
with all applicable federal, state and local laws, ordinances, regulations and other
requirements. In addition, the Improvements shall be completed in accordance
with all maps, plans and specifications on file with City, as well as all applicable
federal, state and local laws, ordinances, regulations and other requirements.
Developer understands and agrees that all work and improvements done
pursuant to this Agreement shall conform to the standards applicable at the time
work is actually commenced.
V. DEMAND TO PERFORM.
Upon default of any obligation hereunder, and at any time after any such default, City
may make written demand upon Developer or its surety, or both, to immediately remedy
ferral of lmproveMenfs
the default or complete the improvements. If the. required work is not substantially
commenced within ten (10) 'days of such demand, or if it is not thereafter diligently
pursued to a completion acceptable to "City within the time frame contained in the
demand, City may then complete all remaining work, manage for the completion of all
remaining, work,;and/or conduct such remedial activity as it deems necessary,: in its sole
discretion. All such work or remedial activity shall be at the sole and absolute expense
and obligation, of Developer and its surety, without the "necessity of City giving any
further notice to Developer or surety. City's eight to take such actions shall in noway be
limited by the fact that Developer or its surety. may have constructed any portion of the
required improvements at the time of City's demand for performance. In the event City
elects to complete or contract for completion of the remaining work and ,imotb ements,
City may require all'work by Developer`orits surety to cease in order to permit adequate
coordination by City. In.addition, City may revoke the Certificate W Occupancy and/or
withhold issuance of any future permits until the default is remedied to the satisfaction of
city.
THE CITY OFSAN JUAN CAPISTRANO
By,
Grant Taylor, Development Services. Director
Olson Real Estate;,Group Inc.
By:
Robert A. Olson
Date.1 kv/-/L
Date:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 6;/ j"4- A If g.., i
On 'r-7". 14, Qj!�� before me, j���, A
Dato Hero [AsanN— aid We o1 the _01h6er /
personally appeared
KRISTY MUTCH
Commission 0 1928075
a Notary Public - California q
Orange County
MZ Comm. Expires Apr 6.2015
CIVIL CODE § I M
who proved to me on the basis of satisfactory
evidence to be the person(sk whose name(4 is/are
subscribed to the within Instrument and acknowledged
to me that he/sheAWy executed the same in
his/beMhei, authorized capacity(les), and that by
hist' signature(a) on the instrument the
person(d), or the entity upon behalf of whichthe
person(4 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.
C
Sianature:
Ptaeo Kelary Seal Above lurrral aoaty K to
OPTIONAL
Though the Information below Is not required bylaw, If tnayprove Valluable.10 , ersons rolying on the document
and could prevent frnudulent'removat and reattachment of this form to anothor document:
Description of Attached R9curnent
Title or Type of Document: T
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Corporate Officer — Title(s): U Corporate Officer — Title(s):
ID Individual
• Partner — ❑ Limited I-IGeneral Ta, lrxartb rlaro
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
U Individual
! =1 Partner — ❑ Limited 1] General TQp or Irwm b Irmo
❑ Attorney in Fact
❑ Trustee
U Guardian or Conservator
❑ Other:
Signer Is Representing:
&i RA10 Nallonnt NolnryAseoclntton - NnllnnalNolary.ora - l -EMUS NOTAnY (1 •a0thtl7lF0ox7) 11arn 115007
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 January 24, 2012, before me, Maria Morris, City Clerk, personally appeared
Grant Taylor, Development Services Director, 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, 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)
WITNTSS hh d ,and official seal.
�
Maria 11IIo" s, Ci jerk /
Capacity Claimed by Signers
Development Services Director
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached Document
Title or Type of Document
Agreement for Deferral of Improvements —
Architectural Control (AC) 10-18•, Marriott
Residence inn; The City of San Juan
Capistrano and Olson Real Estate Group, Inc
Date of Document: January 24, 2012
Number of Pages: 7