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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 111 IIIIIIIIII!IIIIII �JIIJ�11 111111 1111 I�IJI�I [I III III NO FEE *$ R 0 0 1 4 1 2 1 2 0 5$ 2022000414289 10:45 am 12/21122 63 RW11A Al2 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 Exempt from Recording fee pursuant to Gov't Code § 27383 NOTICE OF AGREEMENT AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (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.