22-1221_PASEO ADELANTO HOUSING PARTNERS LP_Affordable Housing Disposition and Development AgreementRECORfJING REQUESTED BY
FIRST AMERICAN TITLE INSURANCE CO
NATIONAL COMMERCIAL SERVICES
Nefo-101q(y Jai
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
The City of San Juan Capistrano
32400 Paseo Adelanto.
San Juan Capistrano, California 92675
Attn: City Clerk
Recorded in Oficial Records, Orange County
Hugh Nguyen, Clerk -Recorder
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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
(City Hall — Paseo Adelanto Mixed Use Permanent Supportive Housing)
TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that Paseo Adelanto
Housing Partners LP, a California limited partnership, as assignee to Jamboree Housing
Corporation, a California nonprofit public benefit corporation (the "Developer"), and the City of
San Juan Capistrano, a California municipal corporation (the "City") are parties to an agreement
entitled Affordable Housing Disposition and Development Agreement (City Hall — Paseo Adelanto
Mixed Use Permanent Supportive Housing), dated as of November 14, 2022 (the "Agreement").
A copy of the Agreement is on file with the City and is available for inspection on the City's
website (wwwsanjuancapistrano.org). The City Clerk's Office is available to provide assistance
locating the document via e-mail at cityclerk(2sanivancapistrano.ore.
The Agreement affects the real property described in Exhibit "A" attached to this Notice
of Agreement (the "PSH 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
terns in the Agreement.
PLEASE TAKE FURTHER NOTICE that the Agreement contains certain development
covenants running with the land of the PSH Property and other agreements between the Developer
and the City affecting the PSH 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 benefit of the City, that the Developer shall commence
and complete the development of the PSH Project on the PSH Property within the time period for
such actions set forth in the PSH Schedule of Performance. The Developer covenants and agrees
for itself, its successors, and assigns, that the PSH Property shall be improved and developed with
the PSH Project in substantial conformity with the terms and conditions of this Agreement, the
PSH Scope of Development, the PSH 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 between the Parties, and all applicable laws, regulations,
orders and conditions of each Governmental Agency with jurisdiction over the PSH Property or
Exempt from fee per
6ll47.80021�40398027.1 GC 27308.1 (a)(1);
tee cap of $225.00 reached
the PSH Project. The covenants of this Section 4.1. shall run with the land of the PSH Property
until the date of recordation of the Certificate of Completion.
Section 6.1 of the Agreement provides:
6.1 Obligation to Refrain from Discrimination. The Developer for itself, its
successors and assigns to all or any part or portion of the PSH Property and/or PSH 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 PSH
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 PSH Property. With respect to familial status, this Section 6.1 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 6.1 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 6.1. The covenant of this
Section 6.1 shall run with the land of the PSH Property and shall be enforceable against the
Developer and its successors and assigns in perpetuity and be a covenant in the Grant Deed and
the Notice of Agreement.
61147.80021\40398027.1
This NOTICE OF AGREEMENT is dated as of December 1 20,g 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.
Dated: /VO✓l aiy ZZ 2022
Maria Morris
APPROVED AS TO LEGAL FORM:
BEST & KRIEGER LLP
CITY:
THE CITY OF SAN JUAN CAPISTRANO
a California municipal corporation
By: <— /'
enjamy $i el, Ty Manager
Alisha Winterswyk
61147.80021 W 0398027.1
DEVELOPER:
PASEO ADELANTO HOUSING PARTNERS LP,
a California limited partnership
LE
Dated: Pec 2 rubber g , 2022
61147.80021 W03"027.1
JHC-Paseo Adelanto LLC,
a California limited liability company
its Managing General Partner
By: Jamboree Housing Corporation,
a California non-profit
public benefit corporation,
its Managi �4e her
By:
Name: Michael Massie
Title: Chief Development Officer
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
ACKNOWLEDGMENT
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 1�lsz Zozz before me, Kyl( T. Vr..nN�h,^ rj c
(' sert name and title of the officer)
personally appeared C!"n,arn,N Sietirrl
who proved to me on the basis of satisfactory evidenbe 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. KYLE T. KRUNMIN
COMM. #2384920 z
zNotary Public • California c
Z17Orange County
*My Comm. Expires Nov. 30,2025f
Signature
(Seal)
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 November 22, 2022, before me, Maria Morris, City Clerk, personally appeared
Alisha W interswvk, City Attorney, who proved to me on the basis of satisfactory evidence to the
be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there
signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Attorney
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached Document
Title or Type of Document
Notice of Agreement
Affordable Housing Disposition and Development
Agreement (City Hall — Paseo Adelanto Mixed Use
Permanent Supportive Housing)
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
On December 8, 2022, before me, K. Holihan, Notary Public, personally appeared
Michael Massie, 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 and d official seal.
Signature
K. HOLIHAN
Notary Public - California
- Orange County_
Commission 9 2401297
°••'' My Comm, Expires Apr 19, 2026
(Seal)
Exhibit "A"
Legal Description
Real property in the City of San Juan Capistrano, County of Orange, State of California, described as
follows:
PARCEL A:
THAT PORTION OF PARCEL 2 OF RECORD OF SURVEY NO. 2021-1079, AS SHOWN ON A MAP FILED
FEBRUARY 10, 2022 IN BOOK 324, PAGE 37 OF RECORDS OF SURVEY, RECORDS OF ORANGE COUNTY,
CALIFORNIA, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING A PORTION OF LOT 60 OF TRACT NO. 103, AS SHOWN ON A MAP FILED IN BOOK 11, PAGES 29
THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS DESCRIBED IN
THAT CERTAIN QUITCLAIM DEED RECORDED NOVEMBER 15, 2002 AS INSTRUMENT NO. 2002001029026
OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 2 OF RECORD OF SURVEY NO. 2021-
1079; THENCE NORTH 850 45' 18" EAST 150.63 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2
TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 040 14'42" EAST 20.00 FEET;
THENCE SOUTH 020 03' 18" WEST 27.30 FEET;
THENCE SOUTH 870 56'42" EAST 9.21 FEET;
THENCE SOUTH 020 03' 18" WEST 66.16 FEET;
THENCE SOUTH 870 56' 42" EAST 4.50 FEET;
THENCE SOUTH 020 03' 18" WEST 10.67 FEET;
THENCE SOUTH 870 56'42" EAST 18.75 FEET;
THENCE SOUTH 020 03' 18" WEST 60.76 FEET;
THENCE SOUTH 870 56'42" EAST 7.18 FEET;
THENCE SOUTH 820 59' 05" EAST 56.27 FEET;
THENCE SOUTH 070 00' 55" WEST 53.09 FEET;
THENCE SOUTH 880 14' 16" EAST 148.90 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 2, SAID
POINT BEING SOUTH 2004'30" WEST 249.76 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 2;
THENCE NORTH 020 04'30" EAST 249.76 FEET ALONG SAID EAST LINE TO SAID NORTHEAST CORNER
OF SAID PARCEL 2;
THENCE NORTH 8705642" WEST 169.88 FEET ALONG THE NORTH LINE OF SAID PARCEL 2 TO AN
ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 85°45'18" WEST 72.84 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 1.19 ACRES, MORE OR LESS.
PARCEL B:
NON-EXCLUSIVE EASEMENT(S) FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS AS
SET FORTH IN THAT CERTAIN ACCESS AND PARKING EASEMENT AGREEMENT RECORDED DECEMBER
20, 2022, AS INSTRUMENT NO. 2022000413855, OF OFFICIAL RECORDS.